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Backup Documents 11/30/2004 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING Igul-ITA ol�l 101 ol COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 30, 2004 9:00 AM Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice - Chairman, District 4 (Absent) Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003 -539 AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD Page 1 November 30, 2004 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Kathryn Schillress, St. Monica's Episcopal Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and /or adopted with changes — 4/0 (Commissioner Coyle Absent) ; Add Item #12B — Approved 4/0 (Commissioner Coyle Absent); County Attorney's office to file a response to the appeal of the Sheriff's budget with the Chairman's signature — Approved 4/0 (Commissioner Coyle Absent) B. October 26, 2004 - BCC Regular Meeting Approved as presented — 4/0 (Commissioner Coyle Absent) C. October 27, 2004 - Value Adjustment Board Meeting Approved as presented — 4/0 (Commissioner Coyle Absent) Page 2 November 30, 2004 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 30 Year Attendees 1. Mark Blum, Transportation Road Maintenance Presented 4. PROCLAMATIONS A. Proclamation to designate November 30, 2004 as Toys for Tots Day. To be accepted by Gary Shanabarger. Adopted — 4/0 (Commissioner Coyle Absent) B. Proclamation to designate December 3rd as The Immokalee Child Care Center Day. To be accepted by Gary Conley, Executive Board President. Adopted — 4/0 (Commissioner Coyle Absent) C. Proclamation to designate December 1, 2004 as World Aids Day. To be accepted by Scott Tims, HIV/ AIDS Program Manager for Collier County Health Department. Adopted — 4/0 (Commissioner Coyle Absent) 5. PRESENTATIONS A. Recognition of Naomi Saunders as Employee of the Month for November 2004. Recognized 6. PUBLIC PETITIONS Withdrawn (w /approval of Item #16E5) A. Public Petition request by Lynne Hixon - Holley to discuss surplus law books. 7. BOARD OF ZONING APPEALS Continued to February 22, 2004 BCC Meeting — Approved 4/0 A. Petition continued to the February 22, 2005 BCC public hearing at the applicant's request. This item requires that all participants be sworn in Page 3 November 30, 2004 and ex -parte disclosure be provided by Commission members. CU- 2004 -AR -5746 Jesse J. Hardy represented by Richard H. Thompson, RE, requesting Conditional Use #1 of the "A" Rural Agricultural District for excavation of ponds in conjunction with the permitted use of Aquaculture. The property is located approximately two miles south of I -75 and one mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida, and consists of 160± acres. 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Hispanic Affairs Advisory Board. Resolution 2004 -368 Appointing James Alward VanFleet, Manuel C. Gonzalez, Raymond Cabral, and Cosme E. Perez — Adopted- 4/0 10. COUNTY MANAGER'S REPORT A. Recommendation to adopt a Resolution authorizing the acquisition by Condemnation of nonexclusive, perpetual utility and maintenance easements, temporary construction easements, and access easements for the construction of a sewer force main, raw water mains and well sites required for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis Wellfield Expansion to 20 -MGD, Project Number 708921, at a cost not to exceed $2,622,850. (Jim DeLony, Administrator, Public Utilities) Copies of the Technical Memorandums and Exhibit "A" are on display in the Board of County Commissioners's Office, 3rd Floor, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, FL Motion to continue to January 11, 2005 BCC Meeting — Approved 4/0 Page 4 November 30, 2004 B. Recommendation to adopt a Resolution authorizing condemnation of fee simple interests for the proposed right -of -way and /or stormwater retention and treatment pond sites, as well as perpetual, non - exclusive road right -of- way, drainage and utility easements, temporary construction easements and temporary driveway restoration easements, which will be required for the construction of roadway, drainage and utility improvements to Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road. (Project No. 6208 1) (Estimated fiscal impact: $14,180,000) (Norman Feder, Administrator, Transportation Services) Resolution 2004 -369 Adopted - 4/0 C. Interim progress report about the County's negotiations with Waste Management Inc. of Florida and Immokalee Disposal Company for solid waste collection services. (Jim DeLony, Administrator, Public Utilities) Approved staff s recommendation with stipulation (option to change Immokalee over to Option B in the future) — 3/1 (Commissioner Henning opposed) Moved from Item #16D1 D. Recommendation to approve an Agreement For Sale And Purchase with The Trust for Public Land for purchase of the Mar -Good Resort in Goodland for $2,500,000 and to approve a Grant Contract with the Florida Communities Trust for seventy -five percent reimbursement (estimated at $1,905,000). Approved — 4/0 Moved from Item #16F1 E. Recommendation to adopt a Resolution supercedes Resolution No. 2003- 431, adopting a policy for the approval of funds for Travel expenses for persons conducting official tourism business. (Staff Request Resolution 2004 -370 Adopted - 4/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Bob Krasowsky on recycling Page 5 November 30, 2004 12. COUNTY ATTORNEY'S REPORT A. Recommendation for Approval of Amended Settlement Agreement and Mutual Release between Collier County and Colleen Macort and Access Now, Inc. in reference to Case No. 2:03 -cv- 109- FTM -29SPC that is now pending in the United States District Court for the Middle District of Florida, Fort Myers Division. Approved with stipulation - 4/0 Added B. Discussion of the Sheriff's Budget Appeal Item added — Approved 4/0; Address Issue: Collier County Sheriff filed an appeal to the budget decision of this board w /the administration commission of the Governor's Office. Authorize and endorse the County Attorney to provide and file a response on behalf of the Collier County Board of County Commissioners and for Chairman Fiala to sign any response, transmittal, or document that may be filed this week with the appeals commission — Approved 4/0 Moved from Item #16K4 C. Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, to foreclose a Collier County Code Enforcement Lien arising from Code Enforcement Board Case No. 2003 -039 entitled Board of County Commissioners, Collier County, Florida v. Van Elway Enterprises, Inc., D /B /A Ironwood Golf Club. Approved - 4/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY Page 6 November 30, 2004 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Letter arrived by courier from Sheriffs Office's outside counsel : asking the board to consider 3 or 4 items - that if the board would consider and approve them, could reach a settlement of the Sheriffs appeal. Sheriffs Budget to stand as is. County Attorney to contact Sheriffs Department with today's decision. B. Youth Related Deputies (YRD's) are NOT being eliminated from the County Schools — discussed C. Guadalope Church in Immokalee is wanting to have a festival at the Immokalee Airport on December 13, 2004. County Attorney to work w /Mr. Norman — Approved 4/0 D. Florida Association of Counties Conference in Sarasota, FL — County Attorney David Weigel attending E. Letter regarding CREW to the Restoration and Acquisition Council from a previous meeting F. Bayshore Street Fair G. Commissioner Coletta's concerns regarding Item #10B regarding six - laning of Santa Barbara Boulevard. Motion to reconsider Item #10B — Approved 4/0; Continue to acquire land necessary for six - laning from Green Blvd. to Davis and propose to bring back at a future date the acquisition and condemnation of right -of -ways for six - laving of Green Blvd. to Pine Ridge Road — Approved 4/0 ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and /or Adopted w /Changes — 4/0 Page 7 November 30, 2004 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to adopt a Resolution granting two separate certificates that authorize Ave Maria Utility Company, LLLP, to provide water and wastewater service in specific areas of unincorporated Collier County, as recommended by the Collier County Water and Wastewater Authority. Resolution 2004 -357 2. Petition Carny- 2004 -AR -6727, Sandra Ramos, Program Leader, Collier County Parks and Recreation, requesting a permit to conduct the 11 th annual Christmas Around The World carnival on December 10, 11, and 12, 2004, at the Immokalee Sports Complex located at 505 Escambia Street. CP- 2004 -11 with the waving of the Surety Bond 3. Recommendation to approve an Interim Management Plan for the America's Business Park property under the Conservation Collier �. Land Acquisition Program. As detailed in the Executive Summary 4. Recommendation to approve an Interim Management Plan for the Otter Mound Preserve property under the Conservation Collier Land Acquisition Program. As detailed in the Executive Summary 5. A recommendation for the Board of County Commissioners of Collier County, Florida to direct staff to initiate a rezone of properties in the village of Copeland/ Lee Cypress from CON - ACSC /ST to VR- ACSC/ST to allow for implementation of activities approved for Copeland in the fiscal year 2004 -2005 Collier County Department of Housing and Urban Development (HUD) one -year action plan, using Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds. The one -year action plan implements the Growth Management Plan and Redevelopment Plans by providing infrastructure improvements and housing assistance to improve the health, -- safety and welfare of the community Page 8 November 30, 2004 6. Approval of the application for the Property Tax Stimulus Program and the Job Creation Investment Program by Taylor Elevator Corporation. 7. Recommendation to approve requests for impact fee reimbursements to owners of specified lots within Imperial Wilderness RV Resort as a result of overpayments, establish a time period for future requests for reimbursements to be filed and direct staff to pursue collection of any underpaid impact fees within Imperial Wilderness RV Resort. 8. Recommendation to approve Satisfaction of Lien for Code Enforcement Nuisance Abatement liens that have been paid in full, Bonnie Fenton, 03 -405, Varnville Corp., 96 -25 Varnville Corp., Varnville Corp., 98 -326 Schumacher, 03 -408, Baton Rouge LLC, 04- 124, Murray Batson, 03 -003 Amay Kaufman, 01 -333, Horse Creek Partners, Ltd. 04-135, 04-136, 04-137, 04-138, 04-139, 04 -140, 04- 141, and 04 -142. �. B. TRANSPORTATION SERVICES 1. Recommendation to approve a declaration setting aside county -owned lands for Santa Barbara Boulevard roadway, sidewalk, drainage and utility facilities. Project No. 62081 (Fiscal impact: $18.50) 2. Recommendation to approve a waiver of the price increase portion of Bid #04 -3599 and authorize the Purchasing Department to approve requested price increases for certain materials on the bid, as necessary. Due to market shortages of Steel and Aluminum 3. Recommendation to approve, sign and execute an agreement between Collier County and the Commission for the Transportation Disadvantaged for funds in the amount of $514,259 for the provision of transportation for qualified Medicaid recipients. 4. Recommend Board's approval of Adopt -a -Road Agreements (3) for the following: Citizens Association of Bonita Beach, Downing -Frye Realty and Brynwood Corporation. 5. Recommendation to rescind prior Board approval of Contemporary Controls & Communications, Inc. as the sole distributor of Motorola Page 9 November 30, 2004 irrigation systems in Florida and to authorize the issuance of a competitive bid to attract multiple vendors of Motorola products. 6. Recommend to award bid #04 -3649 Collier County Landscape Beautification Master Plan- Golden Gate Blvd. median landscape improvement construction project to Hannula Landscaping, Inc. in the amount of $366,987.36. 7. Recommendation for Board to approve the purchase of three (3) Bat Wing Mower Decks from Creel Tractor Company in the amount of $42,002.58 in accordance with State Bid Contract #765- 900- 04 -01. For the Road Maintenance Department to mow areas within the Right -of -ways of Collier County 8. Recommendation for Board to approve the purchase of one (1) 4,000 gallon water truck in accordance with Bid #05 -3732 from Wallace International Trucks in the amount of $101,850.00. To enhance the daily repair and maintenance of County Roadways and Right -Of -Ways within the Road Maintenance Department 9. Recommendation for Board to approve the purchase of three (3) 20- CY diesel powered dump trucks in accordance with Bid #05 -3731 from Wallace International Trucks in the amount of $273,675.00. To enhance the daily repair and maintenance of County Roadways and Right -Of -Ways within the Road Maintenance Department 10. Recommendation for Board to approve the piggybacking of the City of Fort Lauderdale Bid #2429077 for the purchase of a truck mounted storm/sewer cleaning machine from Enviromental Products of Florida in the amount $236,643.30. To enhance the daily repair and maintenance of County Roadways and Right -Of -Ways within the Road Maintenance Department Page 10 November 30, 2004 11. Recommendation for Board to Approve the piggybacking of Charlotte County Bid #2004000184 for the purchase of a Menzi Muck A91 4X4 Ditch Cleaning Machine from Menzi Sales USA for the amount of $227,236.00. To enhance the daily repair and maintenance of County Roadways and Right -Of -Ways within the Road Maintenance Department C. PUBLIC UTILITIES 1. Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $28.50 to record the Satisfactions of Lien. (John Lee and Katrina M. Barrett, and William Klohn, trustee) 2. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $20.00 to record the Satisfaction of Lien. Resolution 2004 -358 3. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $20.00 to record the Satisfaction of Lien. Resolution 2004 -359 4. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $70.00 to record the Satisfactions of Lien. Resolution 2004 -360 5. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1996 Solid Page 11 November 30, 2004 Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2004 -361 6. Recommendation to Approve Amendment 2 to Contract 03 -3517 with Greeley and Hansen LLC for "Professional Engineering Services for Water Main Projects" in the amount of $81,332. Projects 70151, 70152, and 70153. To perform additional permitting and surveying services for water transmission mains along County Road 951 (CR951) and U.S. 41 7. Recommendation to Adopt a Resolution that establishes a Biosolids Policy whereby the Collier County Water -Sewer District will Promote and Practice the Beneficial Use of Biosolids and the Reuse /Recycling of Resources in accordance with the principles of conduct set forth in the National Biosolids Partnership's Code of Good Practice. Resolution 2004 -362 D. PUBLIC SERVICES Moved to Item #10D 1. Recommendation to approve an Agreement For Sale And Purchase with The Trust for Public Land for purchase of the Mar -Good Resort in Goodland for $2,500,000 and to approve a Grant Contract with the Florida Communities Trust for seventy -five percent reimbursement (estimated at $1,905,000). E. ADMINISTRATIVE SERVICES 1. Report and ratify staff - approved change orders and changes to work orders to Board - approved contracts. To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority Page 12 November 30, 2004 2. Approval of Property, Casualty, Workers' Compensation and Subrogation Claims Settled Under the Authority of the Risk Management Director During the Fourth Quarter of FY 04. 3. That the Board of County Commissioners approve award of Bid #05- 3745, "Filters for Fleet," to Bumper to Bumper Parts Depot Company, Inc., as primary vendor; and to Sam Galloway Ford and Bonita Auto Supply, Inc., as secondary vendors. For daily requirements for fluid and air filters to maintain County vehicles and equipment 4. Recommendation to Award RFP # 04 -3712 "Security Services" (initial yearly value $300,000) to Wackenhut Corporation for Courthouse and government Security Services. 5. Recommendation to donate surplus Collier County Law Library books to the District School Board of Collier County. Resolution 2004 -363 F. COUNTY MANAGER Moved to Item #10E (Commissioner Henning request) 1. Recommendation to adopt a Resolution which supercedes Resolution No. 2003 -431, adopting a policy for the approval of funds for Travel expenses for persons conducting official tourism business. (Staff Request 2. Recommendation that the Board of County Commissioners award Bid #05 -3737 in the amount of $51,050.00 to Furnish/Install Live Oak Trees in Pelican Bay to Landscapes of Distinction, Inc. 3. Recommendation to Approve a Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department. To be renewed each year at a cost of $250.00 Page 13 November 30, 2004 4. Approval of Two (2) Disaster Relief Funding Agreements between the Florida Department of Community Affairs and Collier County for Reimbursement of Eligible Disaster Related Expenses incurred in response to Hurricane Charley and Hurricane Frances. As Detailed in the Executive Summary G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests Board approval for payment of Economical Development Council's Invoice #11 1004BCC3 for having attended the Poland Trade Mission Dinner at Vergina's in the amount of $82.68 to be paid from Commissioner Coletta's travel budget. November 10, 2004, Located at 5th Avenue South, Naples, Florida 2. Commissioner Fiala's request for Board approval for payment of EDC's invoice #1 11004BCC2, for having attended the Poland Trade Mission Dinner on November 10, 2004 at Vergina; $82.68 to be paid from Commissioner Fiala's travel budget. Located at 5th Avenue South, Naples, Florida 3. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend Southwest Regional Delegation Forum - Issues '05, on December 10, 2004, at Florida Gulf Coast University; $30.00 to be paid from Commissioner Fiala's travel budget. Located at the Florida Gulf Coast University, Student Union Ballroom 4. Commissioner Halas' request for Board approval for payment for having attended the EDC's Poland Trade Mission Dinner on November 10, 2004 at Vergina; $82.68 to be paid from Commissioner Halas' travel budget. Located at 5th Avenue South, Naples, Florida Page 14 November 30, 2004 I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Items to File for record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Authorize the Supervisor of Elections to accept Voter Education Funds with a 15% matching contribution. For additional voter education and poll worker training 2. Recommendation that the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, Collier County Government Center, 3301 East Tamiami Trail, 2nd Floor, W. Harmon Turner Building, Naples, Florida. From October 30, 2004 through November 12, 2004 K. COUNTY ATTORNEY 1. Recommendation to approve a Stipulated Final Judgment as to Parcel 115 in the lawsuit styled Collier County v. Tiburon Golf Ventures, L.P., et al., Case No. 04- 4678 -CA (Vanderbilt Beach Road Project 63051). Direct staff to deposit $68,000 back into project account upon receipt 2. Recommendation to approve a Stipulated Final Judgment as to Parcel 122 in the lawsuit styled Collier County v. Richard D. Lyons as Trustee of Land Trust No. 11304, et al., Case No. 04- 3779 -CA (Immokalee Road Project 66042). County to pay $1,250.00 in attorney's fees 3. Recommendation to approve a Stipulated Final Judgment as to Parcel 208 in the lawsuit styled Collier County v. Armando A. Lambert, et - al., Case No. 02- 2132 -CA (Immokalee Road Project 60018). Direct staff to pay the sum of $8,914.20 to the Roetzel & Andress Trust Account for proper disbursement Page 15 November 30, 2004 Moved to Item #12C 4. Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, to foreclose a Collier County Code Enforcement Lien arising from Code Enforcement Board Case No. 2003 -039 entitled Board of County Commissioners, Collier County, Florida v. Van Elway Enterprises, Inc., D /B /A Ironwood Golf Club. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF �. THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation to approve Petition AVPLAT2004- AR6442 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 55 foot wide Drainage and Maintenance Easement located on Lot 41, according to the plat of "Park Place West" as recorded in Plat Book 17, Pages 32 through 33, Public Records of Collier County, Florida. Located in Section 15, Township 48 South, Range 25 East. Resolution 2004 -364 B. Recommendation to approve Petition AVPLAT2004- AR5886 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 10 foot wide Utility Easement located along the rear of Site 52, Block A, according to the plat of "Pelican Bay Unit One" as recorded in Plat Book 12, Pages 47 through 52, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation Utility Easement. Located in Section 30, Township 48 South, Range 26 East. Resolution 2004 -365 Page 16 November 30, 2004 C. Recommendation to approve Petition AVPLAT2004- AR6555 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 15 foot wide drainage easement located along the rear of lot 18, according to the plat of "Castlewood at Imperial" as recorded in Plat Book 39, Pages 81 through 82, Public Records of Collier County, Florida, located in Section 14, Township 48 South, Range 25 East. Resolution 2004 -366 D. Recommendation to approve Petition AVPLAT2004- AR6441 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 15 foot wide Lake Maintenance Easement located on lot 1, block D, according to the plat of "Tuscany Reserve" as recorded in Plat Book 39, Pages 88 through 95, Public Records of Collier County, Florida, located in Section 7, Township 48 South, Range 26 East. Resolution 2004 -367 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 17 November 30, 2004 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING November 30, 2004 Item 6A: Public Petition request by Lynne Hixon -Holley to discuss surplus law books. This item is withdrawn upon approval of Item 16E5 which reads: Recommendation to donate surplus Collier County Law Library books to the District School Board of Collier County. (Petitioner request.) Move Item 16131 to 10D: Recommendation to approve an Agreement For Sale and Purchase with the Trust for Public Land for purchase of the Mar -Good Resort in Goodland for $2,500,000 and to approve a grant contract with the Florida Communities Trust for seventy -five percent reimbursement (estimated at $1,905,000). (Staff request.) Item 16(F)1 should read: Recommendation to adopt a Resolution which supercedes Resolution No. 2003 -431, adopting a policy for the approval of funds for Travel expenses for persons conducting official tourism business. (Staff request.) Move Item 16K4 to 1213• Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, to foreclose a Collier County Code Enforcement Lien arising from Code Enforcement Board Case No. 2003 -039 entitled Board of County Commissioners, Collier County, Florida v. Van Elway Enterprises, Inc., D /B /A Ironwood Golf Club. (Commissioner Fiala request.) 4A PROCLAMATION WHEREAS, the Nap /es Marine Corps League is the on /y organization authorized to conduct an official Toys for Tots Campaign within Collier County for 2004; and, WHEREAS, the Toys for Tots Program is dedicated to providing Christmas Toys to the needy children of Collier County, and, WHEREAS, during the 2003 Toys for Tots campaign, 22,179 toys were distributed to 5,432 Collier County children by the Naples Marine Corps League; and, WHEREAS, the Nap /es Marine Corps League will execute the Toys for Tots campaign with the support of local community leaders, church groups, and Collier County Social /Family agencies to ensure that needy children receive Christmas toys; and, T: DWIGHT E. OROCK, CLERK ry COMMISSIONERS FLORIDA DONNA AiAL,4, CHAIRMAN MM M" n PROCLAMA TION �u{ WHEREAS, the Immokalee Child Care Center is a not-for-profit nationally accredited early childhood education center located in the rural farming community of Immokalee, Florida; and, WHEREAS, our purpose is to make a difference in the lives of young children so, in turn, they can someday make a difference in the lives of others. The children we serve are considered 'AT RISK" by virtue of their circumstances; therefore, we provide early education, healthy meals, tuition assistance, and a safe place to harbor; and, WHEREAS, we believe that children learn through play, so we plan developmentally appropriate activities in their daily curriculum, and, WHEREAS, the Immokalee Child Care Center is a partnership designed to give children the best possible start in life and to support parents in their role as their child's first and most important teacher, and, WHEREAS, the Immokalee Child 44 solves to develop creativity and THE xMAfoxA1EF'aM*1UW4VvTER DAY DONE AND ORDERED THIS 30TH DAY of NOVEMBER. DWI6HT E. BROOK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN PROCLAMATION C WHEREAS, the global epidemic of HIV /AIDS requires a worldwide effort to increase communication, education and united action to stop the spread of HIV /AIDS; and, WHEREAS, the American Association for World Health is encouraging a better understanding of the challenge of HIV /AIDS nationally as it recognizes that the number of people diagnosed with HIV /AIDS in the United States continues to increase, with 9010, 000 people in the U. S. now infected, and, WHEREAS, as of September 30, 2004, Collier County has 877 AIDS cases reported; and, WHEREAS, the World AIDS Day 2004 theme, Have you heard me today ?' seeks to raise awareness about, and help address, the many issues affecting women and girls around HIV /AIDS. ATTEST: DWI61-I BROOK, CLERK Commissioners 4 be designated as FIALA, CHAIRMAN yft ices designed take part in the local ' 9A 'q MEMORANDUM DATE: December 20, 2004 TO: Kay Nell, Legal Assistant County Attorney's Office FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records RE: Resolution No. 2004 -368 Hispanic Affairs Advisory Board Enclosed is one (1) copy of the document, as referenced above (Agenda Item #9A) approved by the Board of County Commissioners on Tuesday, November 30, 2004. If you should have any questions, you may contact me at extension 732 -2646 ext. 7240. Thank you, Enclosures (1) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through 94, complete the checklist, and forward to Sue Filson (line #5) E e to Addressee(s) outin order) Office 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA, County Attorney's Office Phone Number X8400 Contact Agenda Date Item was November 30, 2004 Agenda Item Number 9A Approved b the BCC Type of Document Resolution Number of Original 1 Attached I Documents Attached TNCTRTTr T1"NjQ p rirr, rr.-r xc. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 RESOLUTION NO. 2004 -368 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO APPOINT MEMBERS TO THE COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 91 -37, creating the Hispanic Affairs Advisory Board, provided that the Advisory Board shall consist of seven (7) members; and WHEREAS, Collier County Ordinance No. 91 -78 amended Ordinance No. 91 -37 by providing that the Advisory Board shall consist of nine (9) members; and WHEREAS, there are currently vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Cosme E. Perez is hereby appointed to the Collier County Hispanic Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2005. 2. Raymond Cabral is hereby appointed to the Collier County Hispanic Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2005. 3. James Alward VanFleet is hereby appointed to the Collier County Hispanic Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2006. 4. Manual C. Gonzalez is hereby appointed to the Collier County Hispanic Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2007. This Resolution adopted after motion, second and majority vote. DATED: November 30, 2004 ATTEST: DWIGHT E. BROCK, Clerk Wry �' pejauty Clerk t t t to Chair "03 styi�'at�re Daly, Approv(-d "as to form.6ro legal suf iciency::, iva- David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: da DONNA FIALA, Chairman Item # q.4 Agenda Date j Date Reid 106 MEMORANDUM Date: December 01, 2004 To: Lorraine Lantz, Right -of -Way Coordinator Transportation Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004 -369 Please find enclosed a copy of the document as referenced above, (Agenda Item #10B), as approved by the Board of County Commissioners on November 30, 2004. If you should have any questions, please call me at 774 -8411 Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ' ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist- nnrd fnrwarrd to CrnP iPilenn ti;„ AKN Route to Addressee(s) List in routing order Office Initials Date 1. / (�J Agenda Item Number 40 " 2. It(/L7 Number of Original, r 3. o�� — Documents Attached ,= 4. by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from 5. Sue Filson, Executive Manager Board of County Commissioners Tao l 4 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item l Name of Primary Staff Contact E Phone Number b?3 ' Q 5�1 1 J Agenda Date Item was Approved by the BCC / (�J Agenda Item Number 40 " Type of Document Attached It(/L7 Number of Original, r o�� — Documents Attached ,= INSTRITC.TTONC Ar C"IIFCWF.TCT t..:,:.. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial A licable 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed ,= by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.)" 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Jf Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 I1; RESOLUTION NO. 2004- 369 A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT -OF -WAY AND /OR STORMWATER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE SANTA BARBARA BOULEVARD SIX - LANING PROJECT FROM DAVIS BOULEVARD TO PINE RIDGE ROAD. (CAPITAL IMPROVEMENT ELEMENT NUMBER 56, PROJECT NO. 62081). WHEREAS, the Board of County Commissioners (Board), on December 16, 2003, adopted Ordinance No. 2003 -67 therein establishing the (annual updated and amended) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the design and construction of the expansion of Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road (Project No. 62081) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan (CIE No. 56); and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condermi property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the six -laning expansion and improvements to Santa Barbara Boulevard between Davis Boulevard and Pine Ridge Road (hereinafter referred to as "the Project ") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. i r AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple title interests and/or perpetual or temporary easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above - referenced real property interests more particularly described in Exhibit "A ", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this 30 day of Amka , 2004, after motion, second and majority vote. ATTEST: DWIGHT E.R�lK', ftK Attest as to Chairman's sigaatwre only. Approved as to form and legal sufficiency: , , &, & V_ Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: —J,44Z onna Fiala, Chairman Page 2 Item # A��senc'.a F, luH EAST 112 OF THE c�`,� 0 25 50 100 200 NORTHEAST 114 OF o z n' z GRAPHIC SCALE THE NORTHEAST 114 ' OF SEC TION 8 cvn �� O.R. BOOK 2390, PAGE 3098 O.R. BOOK 208, PAGE 19 Q) FEE SIMPLE TAKING 1,988 SQUARE FEET 1 727 1 EXISTING 100' v R. 0. W. EAST LINE OF SECTION 8 ~ >za' y 75' S 5 SANTA BARBARA lo3' 9 4 BOULEVARD EXISTING 100' PROPOSED R. 0. W. R. 0. W. k pro ('q o� z WEST 112 OF THE NORTHWEST 114 OF THE NORTHWEST 114 \ ploy OF SECTION 9 �` O.R. BOOK 2441, O.R. BOOK 1087, PAGE 219 PAGE 841 s i LEGAL DESCR(P110N BEING THE SOUTH 28 FEET OF THE NORTH 103 FEET OF THE EAST 71 FEET OF THE EAST 112 OF THE NORTHEAST 114 OF THE NORTHEAST 114 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY; FLORIDA, CONTAINING 1,988 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RE "CORD, EXHIBIT A Page 'Of' � 1) RfhSfO PARCEL / I1-11-02 PARCEL NO. ## ,NOT A SURVEY PREPARED BY.• WILSON INC. LEGEND: LANC T R, P 0 AL SURVEYOR & MAPPER PROPOSED R. 0. W. FLORIDA REGISTRA LS If5627 R. 0. W. = RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEARINGS AR£ aAsEO ON NORTH O.R. = OFFICIAL RECORDS SEALED WITH THE SURVEYORS EMBOSSED SEAL. AMERICAN DATUM (MAD) 1983 -1990 AO.f/SrMENr STATE PLANE COORDINATE CERTIFICATE OF AUTHORIZATION I LB -43 SrST£M (GRID) FOR F40RIOA EAST ZONE. I) REhSfO PARCEL / ll -l1 -O? PROJECT NO.: PARCEL NO. : 101 CLIENT: 62081 COWER COUNTY TRANSPORTATION, .L'i.v, lie - R UcO LC-GQl000 wilsonmill6i BEING ENGINEERING do CONSTRUCTION MANAGEMENT Dl NS/0N TITLE` SKETCH AND DESCRIPTION w PART OF SECTION 8, Planners - Engineers • Ecologists - Surveyor.. Landscape Archdocts - Transporialm consulianls TOWNSHIP 50 SOUTH, RANGE 26 EAST, WilsonMiller, Inc. COLLIER COUNTY, FLORIDA %Pk8 • Fart*erl • S.rs.ofe - Sradenlm • TaM DATE: PROJECT NO,: SHEET NUMBER: I FILE NO.: 310° 8&ky Lang SW.10t1.14ep* Reside 9410.6-8507 - Rwne 941{# 4040 - Fu 941-64,7,5716 - Web-S4e »»w»isanJsr.can 04/2002 N6022- 002- 010 - TOH WP 101 OF XXX 2GG -203 Nov 13, 2002 -- 09:44;35 LMIU_ERIX.ASUR \N6022\",ketr „h Or De= �ripCior�s� ,>ubmltted \2gy703s102dwg EAST 112 OF THE NORTHEAST 114 OF THE NOR THEAS T 114 OF SECTION 8 O.R. BOOK 208, PAGE 19 PROPOSED R. 0. W. O � v 103' S k p � �, u, \ 5 Vo o 25 so GRAPHIC SCALE zoo O.R. BOOK 2390, PAGE 3098 EXISTING 100' R. O. W. (SANTA BARBARA WEST LINE OF SECTION 9 281 75, 9 4 BOULEVARD EXISTING 100' w R. 0. W. FEE SIMPLE TAKINq 28' Z772 SQUARE FEET WEST 112 OF THE NORTHWEST 114 OF o z THE NORTHWEST 114 C') OF SEC TION 9 v v O.R. BOOK 2441, PAGE 219 O.R. BOOK 1087, PAGE 841 LEGAL DESCRIP BEING THE SOUTH 28 FEET OF THE NORTH 103 FEET OF THE WEST 99 FEET OF THE WEST 112 OF THE NORTHWEST 114 OF THE NORTHWEST 114 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 2,772 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT Page a Of PARCEL NO. V" ## NOT ' A, SURVEY ## PREPARED BY- WILSONMI INC. LEGEND: LAN C T R, P OFE AL SURVEYOR & MAPPER PROPOSED R.O.W. FLORIDA REGISTRA LS 15627 R,O.W. = RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS AR£ ITAS£D ON NORTH 0. R. = OFFICIAL RECORDS 8j- SEALED wrrH rNE SURVEYORS EMBOSSED SEAL. AMERICAN DATUM (N AD) T91990 A0.051MENT STATE PLANE COORDINATE CERFIFICATE OF AUTHORIZATION j L8-49 SYSTEM (6R1D) FOR FLORIDA EAST 1OVE. REVSED PARCEL / 11 -71 -01 PROJECT NO.: 6208 PARCEL N0. 'oof CLIENT; COWER ER COUNTY TRANSPORTATION, VLIJ 'hlerG , Ic - ft Lk0 LC�Op ENGINEERING dt CONSTRUCTION MANAGEMENT DI vlsrON TInE: wilsonmill6i SKETCH AND DESCRIPTION p Planners • Enoxera • Ecoiools • Suveyore • Landacapo Archdocla • Tranaporlalion Consudanle BEING PART OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, WilsonMiller, Inc, _ J200 &ley Lett Sdfe 2W Napes • Fa1,1ym • Saraeub • Sradanlm • Taapa GATE: vePb� Flaide JIp58507 • Phax 9a1i49 -4040 • FaL gel 61� 5716 • Web 0412002 ►ww.xixmr�ercan 04/2002 COLLIER COUNTY, FLORIDA PROJECT NU.: SHEET NUMBER; FILE NO.; N6022 -002— 010— TDHWP 102 OF XXX ,2(�'(��2(j3 Nov 12, 2002 - 10:39:56 LMILLERIX.ASUR \,N6027_ASketch Jf Desrriptiors \SutLed \2yg203s101.dwq 1 U Cf - XHIBIT g 3 Of : 1 1 I � PROPOSED R. 0. W. - 0 25 50 100 200 I GRAPHIC SCALE PART OF OUTPARCEL °C" COUNTRYSIDE AT BERKSHIRE LAKES SECTION 3, TRACT 11, r- PLAT BOOK 14, PAGES 6 -8 5 W li i TRACT F" N01.02 " la 01 PLAT BOOK 14, PAGES 118 -120 180.00' BERKSHIRE COMMONS o v I I PARCEL "C" FEE IMPLE TAKING PLAT BOOK 35, PAGES 31 -32 0. R. BOOK 2719, 3, 6 SQUARE FEET 164 1 1 PAGE 937 D.R. BOOK 2214, O, R. BOOK 2131, Q) 1 i OUTPARCEL D" PAGE 1656 °op PAGE 1959 o I I 180.00' ��.+ L - --------------- - - -- 51.24' S 01 '02'15" E EXISTING 100' P.O.B. R. 0. W. N. E CORNER OF TRACT 11 EAST LINE OF SECTION 5 5 32 4 3,3'� SANTA BARBARA BOULEVARD EXISTING 100' R. 0. W. CURW TABLE C' E I LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD T 88.93' 113 DD' 45175J5" 1 46.91 N67VJ 35'W 86.66' LEGAL DESCRIPTION ALL THAT PART OF THE LAND DESCRIBED IN OFFICIAL F;ECORDS BOOK 2131, PAGE 1959, BEING PART OF COUNTRYSIDE AT BERKSHIRE LAKES SECTION 3, TRACT 1, PLAT BOOK 14, PAGES 6 -8, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED A.; FOLLOWS; BEGINNING A T THE THE NORTHEAST CORNER OF TRACT 11, COUNTRYSIDE A T BERKSHIRE LAKES, SECTION THREE, PLAT BOOK 14, PAGES 6 -8, COLLIER COUNTY, FLORIDA; THENCE ALONG EAST LINE OF SAID TRACT 11 SOUTH 010.2'15" EAST 51.24 FEET,, THENCE WESTERLY 88.93 FEET ALONG THE ARC OF A AI JN— 7ANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING A 11300 FEET THROUGH A CENTRAL AN;LE OF 4505'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 67103'35" WEST 86.66 FEET,, THENCE NORTH 8936'25" WEST 80.80 FEET THENCE NORTH 01'02'15" WEST 18.01 FEET' THENCE ALONG NORTH LINE OF SAID TRACT 11 SOUTH c`9 3622" EAST 160.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3, 693 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A S RVEY PREPARED . d Y.' W/r L INC. . r LANCE I. MILLER, SSIONAL SURVEYOR & MAPPER FLORIDA REGISTRATION LS #5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASEL ON NORTH SEALED WITH THE SURVEYORS EMBOSSED SEAL. AMERICAN DATUM (N. tD) 198J -1990 ADAISIMENT STATE PANE COORDINATE CERFIFICATE OF AUTHORIZATION # LB -43 SYSTEM (GRID) FOR F_DR/DA EAST ZO4E PROJECT NO.: 62081 PARCEL N0. 104 wilsonmill,ii ��k- rzttiLn cmoW Pkaws • Ergklmo • EcolVsls • Strvoym • LambcswArchfocla • TrsnslxxlakoConsgantj Wd9oW#ler, Inc. Wk • FvtMpas • swods • &edam • Tamps = &*'am 5#a 1Q7 • tls�e4 Fo-& w-w • mxv "4w-" • Pa 941541 -m • Nl+b40 kw MbrakY w', AWEL NO. LEGEND: EXISTING R. 0. W. PROPOSED R. 0. W R.O.W. = RIGHT OF WAY P.O. B. = POINT OF BEGINNING REVISED 9 -21 -04 L TM CLIENT` COLLIER COUNTY TRANSPORTATION, _NGINEERING & CONSTRUCTION MANAGEMENT DIVISION TITL--' SKETCH AND DESCRIPTION BEING PART OF PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2131, PAGE 1959, _ COLLIER COUNTY, FLORIDA TA r— PROJECT NO.: SHEET NUMBER: FILE NO.: 04/2002 N6022- 002 - 010 -TOHWP 104 0E- xxx I 2CC -203 °. . . . ---j- \OuR\wourz \aimcn UT uescnptfons \Submtted \2gg203sl04— rev,dwg N 0023 8" E 1 I I EXHIBIT .I Paged 1-4 0 25 50 ,pp 200 OUTPARCEI. B" GRAPHIC SCALE FEE- SIMPLE TAKING 4,571 SQUARE FEET-- \� I PART OF OUTPAI� EL "C" COUNTRYSIDE AT BERKSHIRE P. 0. B. 1 'F" LAKES SECTION 3, TRACT 11, TRACT PLAT BOOK 14, PAGES 6 -8 Q) ' BERKSHIRE LAKES UNIT 11 PLAT BOOK 14, PAGES 118 -120 H PROPOSED R.0, W. S 01' 15 E •I I i BERKSHIRE COMMONS 1 PARCEL "C" PLAT BOOK 35, PAGES 31 -321 O.R. BOOK 2719, O.R. BOOK 2131, o, O.R. BOOK 2214, PAGE 1959 1 i PAGE 937 I I OUTPARCEL D" PAGE 1656 i � I• I I' I V, L—• --------------- -• - -- EXISTING 100' P. 0. C. R. 0. W. N. E. CORNER OF TRACT 11 EAST LINE OF SECTION 5 5 .32 4 33s� SANTA BARBARA BOULEVARD EXISTING 100' R. 0. W. LEGAL DESCRIPTION ALL THAT PART OF COUNTRYSIDE A7 BERKSHIRE LAKES' SECTION 3, TRACT 11, PLAT BOOK 14, PAGES 6 -8, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING A 7 THE THE NORTHEAST CORNER OF SAID 7RACT l l; THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 893622" WEST 160.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH TRACT LINE SOUTH 01'02"15" EAST 18.01 FEET; THENCE NORTH 893625" WEST 254.12 FEET; THENCE NORTH 0023'38" EAST 1600 FEET' THENCE ALONG SAID NORTH TRACT LINE SOUTH 89J622" EAST 253.67 FEET TO THE POINT OF BEGINNING. CONTAINING 4,571 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. PARCEL NO. ` U_) * ** NOT A SURVEY * ** PREPARED BY, WILSONMI INC. LEGEND: EXISTING R. 0. W, LANG T R, OF ^ AL SURVEYOR & MAPPER PROPOSED R. 0. W. FLORIDA REGIS IRA LS #5627 R.O.W. = RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BAS40 ON NORM P.O.B. = POINT OF BEGINNING SEALED W1TH THE SURVEYORS EMBOSSED SEAL. AMERICAN DA (N.A,OJ !983-1990 P.O.C. =POINT OF COMMENCEMENT A0 vsTUENr sraTE aI)E caaROixA>F CERTIFICATE OF AUTHORIZATION # LB -43 SYSTEM 010) rOR FLORIDA EAST ZONE. REVISED 9 -21 -04 LTM PROJECT NO.: 62081 �PaRCEL No. 105 �`'E "T` COLLIER COUNTY TRANSPORTATION, -- ibad/hr, he - H.ik74l:COtlCL•C ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION Wilsolomill6r 777: SKETCH AND DESCRIPTION BEING PART OF COUNTRYSIDE AT BERKSHIRE LAKES SEC77ON 3, Tlenneru' Er�i,oers' cobgsts • %XWyors • Landoc"AreTWovie • Transpxta4sr C"Ifeuj&III, TRACT 11, PLAT BOOK 14, PAGES 6 -8 WdsonMiBer, bc. COLLIER COUNTY, FLORIDA _ • N000 • FM111we • 3arau�e • 8'rxbr�ai • TMps CAFE - PROJECT NO.: SHEET NUMBER: FILE NO.: ' � "" �" sxrrrcbami¢ctirn 04/2002 N6022- 002 - 010 —TDHWP 105 OF XXX �.. �` 2GG -203 Sep 22. 2004 - 14:41:46 1 mil I FRIX• \c1 la \rJ�n�� \cLa _k ns n --- _ __. �_.. ......,..wig.. \,,,.. N-yy w....a-Tcv.gw9 00 EXISTING 100' R. 0. W. P. �• C. / N. W. CORNER SECTION 4 5_2 WEST LINE OF SECTION 4 } 4 JJ / z EXISTING 100 °4 R.O.W. X U N,01' 1 '30 °W. 75.00' 43.62' 5.02'14_'4.6"E. R' I TOTAL 2746.36' a FEE SIMPLE TAKING 721 SQUARE FEET O.R. BOOK 1983, PAGE 3434 2735.03' 0 a r rn LEGAL DESCRIPTION.• SEE ;FILET 106A PREPARED BY: WILSONMI INC. LANC&,LdAeR, P OFE AL SURVEYOR & MAPPER FLORIDA REGIS TRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION # LB -•43 �a 0 I� co Z tin 0 25 50 100 200 GRAPHIC SCALE ti)N ANTA BARBARA BOULEVARD k �t y C1 �tl s \ C� c� v BEARINGS ARE BASSO oN NOROI AMERICAN DATUM (N.A.0 19Bd -1990 AOJJSTM£Nr SrATE PLAN£ COORDINAX smIcAl (C-00) FOR liORIOA £ASr IONS. EXHIBUT I page of � PARCEL W. 0& SHORES AT BERKSHIRE LAKES, PHASE TWO -A, PLAT BOOK 32, PAGES 60 -61 CURVE NUMBER 1 - RADIUS= 85.00 DELTA= 43'44'17° ARC= 64.89 TANGENT= 34.12 CHORD= 63,32 CHORD BRG. 5.44'13'52''W. * ** NOT A SURVEY * ** LEGEND: EXISTING R.O.W. PROPOSED R. 0. W R. 0. W = RIGHT OF WA Y P.O.B. = POINT OF BEGINNING P.O.C' = POINT OF COMMENCEMENT PROJECT NO.: PARCEL NO, : 106 62081 W CLIENT: COWER ER MNN TRANSPORTATION. AI a MMAIrM- RLIelmcnr000 ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION Wilsda Filler TITLE: SKETCH OF DESCRIPTION . 5W— I BEING PART OF SECTION 4, E- bpists ' - --Y0r8 • Landa "Ardrtecte • TraI Ca"snte TOWNSHIP 49 SOUTH, RANGE 26 EAST, WABOnMTNer, Inc. COLLIER COUNTY, FLORIDA SL1e2Ct1 • • FtrTAn�erE ' Berteoh • 9yderAan • Top DATE. '�— PROJECT NO.: SHEET NUMBER: FILE NO.: 04,12002 N6022 -002- 010 -TDHWP 106 OF XXX , 2GG -20,3 Jul 11, 2002 - 08:23:08 JAIAPIERIX: \SUR \N6022 \Sketch Of XHIBIT of i llr� PARCEL NO. —I gwel ALL THAT PART OF SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID Sl_CTION 4; THENCE ALONG THE NORTH LINE' OF SAID SECTION NORTH 8745'14" EAST 98.44 FEET. THENCE LEAVING SAID NORTH SECTION LINE SOUTH 02'14'46" EAST 75.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF EXISTING RADIO ROAD RIGHT OF WAY NORTH 8745'14" EAST 44.99 FEET- THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE SOUTHWESTERLY 64.89 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 85.00 FEET THROUGH A CENTRAL ANGLE OF 4344'17" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 4473'52" WEST 6332 FEET; THENCE ALONG THE EAST LINE OF EXISTING SANTA BARBARA BOULEVARD RIGHT OF WAY NORTH 010130" WEST 4362 FEET TO THE POINT OF BEGINNING. CONTAINING 721 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. PREPARED BY. WILSONMI INC. LA NC T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGIS TRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORM SEALED WITH THE SURVEYOR'S EM$OSSED SEAL. AMAERICAN DArUN (MAD) tsBS -tvso ADJUs7mENr srA?r PLANE cooRDINA7r CERFIFICATE OF AUTHORIZATION # LB -43 smir' (-D) ;-oR Fzww £Asrzw. NOT A SU IG1 *# PROJECT NO.: 62001 PARCEL NO.; 106 CLIENT: COWER ER COUNTY TRANWORTAnay. ■ • iNk-"' ,- .aLk#LC -OX000 ENQNEERING & CONSTRUCTION MANAGEINENT DIVISION wilsoolm lli r tITLE: LEGAL DESCRIP77ON BEING PART OF SECTION 4, Pkrnwa • Enghwo • Ecotgata • S--y-8 • Landoc"Archfocfa • TrwmWatknCalec wts TOWNSHIP 49 SOUTH, RANGE 25 EAST, WilBonMtller, Inc. COLLIER COUNTY, FLORIDA J200Baky S1de 1D0 • *w Ftrlwwll • 8vmA • hhdalkrl • Tange [7T E; PROJECT NO.: SHEET NUMBER: FILE NO.: " °" di ''�'"" '� r"' w a aa.a .oan 04/2002 N6022- 002 - 010 -TDHKP 106A of xxx 2GG -20 Jul 11, 2002 — 08:23:17 JNAP ER!X: \SUR \V6022 \Sketch nr cr -r re,,,, c, ,. na n n %0 Lj - PROPOSED R. 0. W. EXHIBIT Page_ =of 0 25 50 100 200 BERKSHIRE LAKES UNIT /1 GRAPHIC SCALE n TRACT 'F ", PARCEL A" PLAT BOOK 25, PAGES 3•-4 � ay PARCEL NO._ _ b �U P. B.-- --a� cr FEE SIMPLE TAKI /ter BERKSHIRRACT ES UNIT /I 1,342 S4 VARE FEE 7 PLAT BOOK 14, PAGES 118 -120 i o) 0. R. BOOK 1538, COUNTRYSIDE AT BERKSHIRE N) ;ti PA GE 171 LAKES SECTION J, TRACT 11, I rTT OUTPARCEL 8" PLAT BOOK 14, PAGES 6 -8 O �I TRACT 'F„ BERKSHIRE LAKES UNIT #1 O PLAT E OOK 14, PAGES 118 -120 I — —10 UTILITY EASEMENT PER 0 G! R.B. 1612, PAGE 1872 p]';—it Il, Q) 5:00 0736 E PART OF OUTPARCEL "C' 10' UTILITY EASEMENT PER U; U.R.B. 1612, PAGE 270 5' UTILITY EASEMENT PER O.R.B. 1665, PAGE 483 BERKSHIRE COMMONS PARCEL "C" Pl AT BOOK J5, PAGES J1 -32 I F — LEGAL DESCRIP110N�� ALL THAT PART OF BERKSHIRE LAKES UNIT #1, TRACT' "F° PLAT BOOK 14, PAGES 118 -120, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF BERKSHIRE LAKES UNIT #l, TRACT 'F'; PARCEL "A" AS RECORDED IN PLA T BOOK 25, PAGES 3- 4; THENCE ALONG THE NORTH RIGHT OF WAY LINE OF RADIO ROAD SOUTH 893622" EAST 69.93 FEET TO THE POIN T OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY, NORTHERLY 7.29 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 40.00 THROUGH A CENTRAL ANGLE OF 102645" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 34'07',16" WEST 7.28 FEET; THENCE SOUTH 893622" EAST 225,54 FEET' THENCE SOUTH 00 0736" EAST 6.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID RADIO ROAD; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 8936'22" WEST 221,47 FEET TO THE POINT OF BEGINNING; CONTAINING 1,342 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 51612004 KLR /502 # 19�Ol NOT A Tr ��ry SVRIriY CURVE CURVE TABLE RADA'. DELTA :::]_LE_NGTWj TANGENT I CHORD CHORD BEARING PROPOSED R. 0. W. PRFP.4RFT) RY� UA1 cnnre.lN�'v /nI� Cl 40. GO 10 2645 " 7.29 3.66 7, 28 N34 07'46 "W ---- May 07, 2004 — 15:10: 48 LMILLERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s110.dwg LEGEND: 1 EXISTING R. 0. W, LANC T R, P OFE AL SURVEYOR & MAPPER PROPOSED R. 0. W. FLORIDA REGISTRAWON LS 15627 R, 0. W. = RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BCARINGS ARE BASED ON NORTH AMERICAN SEALED WITH THE SURVEYORS EMBOSSED SEAL. ADWSTMENTASTAir PLAN£ CBDDRDINATE CERFIFICATF OF AUTHORIZATION # LB -43 SYSTEM (GRID) rOR FLORIDA EAST IDYL. P.0. B. = POINT OF BEGINNING P. O, C, = POINT OF COMMENCEMENT May 07, 2004 — 15:10: 48 LMILLERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s110.dwg PROJECT NO,: 62081 PARCEL NO.: 110 CLIENT: COWER ER COUNTY 7RANSPORTA770v. ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION m."'^`-aLt'L` -CDWM wilsolumill er TLE' SKETCH AND DESCRIPTION Pk-8 • Ergr —s • Ecologols • Strveyors • Lw)&-ape ArdWocis • Trw worfoon Conxxwe WilsonMiller, Inc. BEING TRACT PART OF BERKSHIRE LAKES UNIT #1, °F ", PLAT BOOK 14, PACES 118 -120, COLLIER COUNTY, FLORIDA NON • FrrdkU m • &wola • Wdeda7 • T&Mx NIpla4fkrcY34J7�8507' PAale9# 4V- "-Fer941V.$j7a•Web•9iornwWwwirom )ATE: 04/2002. PROJECT PROJECT NO,: SHEET NUMBER: 1 110 OF XXX FILE NO.: 2GG -203 COUNTRYSIDE AT BERKSHIRE LAKES SECTION 3, TRACT 91, PLAT BOOK 14, PAGES 6 -8 O.R. BOOK 2131, PAGE 1959 O c Z r'1 k � OZ � ZzE Q*) Z {� N00 I PROPOSED R. O, W. at?. BOOK 1538, PAGE 121 OUTPARCEL '8" j ---10' UTILITY EASEMENT PER O.R.B. 1612 PAGE 1672 3¢' W 0 25 90 100 200 GRAPHIC SCALE I- UTILITY EASEMENT PER I .--10' "C" 0 0-R-8. 1612, PAGE 210 i PART OF OUTPARCEL 5' UTILITY EASEMENT PER O.R.B. 1665, PAGE 483 TRACT F" ES UN N PLA T BOOK 14, P 118 -120 o, i ti I� I BERKSHIRE COMMONS I� PARCEL "C" i PLAT BOOK 35, PAGES 31 -3 2 i O.R. BOOK 2719, C) w i i PAGE 9.37 , OUIPARCEL D" I I I I I - -------------- - -1 - -' FEE SIMPLE TAKI G_ 2,220 SQUARE FEE 5 132 4 133 L EGA L DESCRIPTION J .o ✓o c I f0' R.B. 1 EASEMENT PER 38.03" L- O.R.B. 1612, PAGE 210 P.O.B. EXISTING 100' S. F CORNER R. O. W. OF TRACT F" EAST LINE OF SECTION 32 SANTA BARBARA BOULEVARD EXISTING 100' R. 0. W, CHORD ALL THAT PART OF TRACT "F" OF BERKSHIRE LAKES UNIT it AS RECORDED IN PLAT BOOK 14, PAGES 118 -120, COLLIER COUNTY, FLORIDA, AND ALL THAT PART OF BERKSHIRE COMMONS PARCEL "C" PLAT BOOK 35, PAGES 31 -32 COLLIER COUNTY, FLORIDA AND BEING MORE PAR7ICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT" 'F'; THENCE ALONG THE SOUTH LINE OF SAID TRACT "F" NORTH 89'36'22 WEST 261.63 FEET; THENCE LEA VING SAID SOUTH LINE NORTH 00 0736" WEST 6.00 FEET; THENCE SOUTH 893622" EAST 194.87 FEET TO A POINT OF CURVATURE. THENCE EASTERLY AND NORTHERLY 76.33 FEET ALONG THE ARC OF A CIRCULAR CURVE HAVING A RADIUS OF 85,00 FEET CONCAVE TO THE NORTHWEST THROUGH A CENTRAL ANGLE OF 5126'54" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 64'40'10" EAST 73,79 FEET TO THE EAST LINE OF SAID TRACT "F THENCE ALONG SAID EAST LINE SOUTH 00'06'58" EAST 38.03 FEET TO THE POINT OF BEGINNING; CONTAINING 2,220 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &RESTRICTIONS OF RECORD. EXHIBIT,-.A Page W of * ** NOT A SURVEY * ** PMCEL No, 1 I PREPARED 8K WILSONMI INC. LAN C T. tF GF AL SURVEYOR & MAPPER FLORIDA REGISTRA LS #5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAIL. CERFIFICATE OF AUTHORIZATION # LB -43 PROJECT NO.: 62081 F PARCEL N0. 111 BEARINGS ARE BASED ON NORTH AMERICAN DA7UM III AD) 19&i -1990 A&VS710ENT STATE PLANE COORDINAIE SYSTEM (GRID) FOR FLORIDA EAST ZONE wilsonmill6i '�- a�` t> &:*—g • Ecobgieta • Brmycra • Landscapo ArdwPxfa • TranP{wr{aben uxreutlant9 W45"A 7eT, kw. Wim•��•s - e kvl•T+ Y L+ne R* 2W • tbPleQ PA-A 34XtW • ftv 9*604 7i0 •Far 9416R15T1s • W boq, Www�i1 r irrxan Sep 22, 2004 — 14:39:44 LMILLERIX: \SUR \Nen99 \e�afpk of ne.....o LEGEND: EXISTING R. 0. W. PROPOSED R. 0, W R. 0. W. = RIGHT OF WAY P.O. B. = POINT OF BEGINNING REVISED 9 -21 -04 LTM 1 -- COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTION BEING PART OF BERKSHIRE" LAKES UNIT #1, TRACT F'; PLAT BOOK 14, PAGES 118 -120, COLLIER COUNTY, FLORIDA AND BERKSHIRE COMMONS PARCEL "C ", PLAT BOOK 3,5, PAGES 31 -32, COLLIER COUNTY, FLORIDA DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: -- 04/2002 �T N6022- 002 - 010 —TDHWP 111 Or XXX 2GG -203 SANTA BARBARA 5132 BO ULEVARD 4 1 33 m E. CORNER TRACT 'D° SHORES AT BERKSHIRE (ES, PHASE TWO —A O C r Z F'1 O O O Z EXISTING 100' R. 0. lN. 0 25 50 100 200 GRAPHIC SCALE WEST LINE OF- SECTION 33 " 7Y r.q ti can ti ..W k 0. R. BOOK 1983, Z rTt k PAGE 3434 EXISTING 100' R. 0. W. FEE SIMPLE TAKING - 11,566 SQUARE FEET SHORES AT BERKSHIRE LAKES, PHASE TWO —A, PLAT BOOK 32, PAGES 60 -61 ALL PROPOSED R.O.W. FALLS' WITHIN TRACT 'D'; PRESERVATION AREA AND DRAINAGE EASEMENT PROPOSED R. 0. W. � '� EXHIBIT ,e� of tiV 0 �Y LEGAL DESCRIPTION: SEE SHEET 112A PREPARED BY WILSONiVl INC. LANC T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRA LS #5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORDI SEALED Wl TiI THE SURVEYORS EMBOSSED SEAL, AMERICAN DAN'S (NAD) 198J-1.990 ADAISTIIENT STATE PLAN£ COORDINATE CERFIFICATE OF AUTHORIZATION # LB -43 SYSIEN (GRAD) FOR FLORIDA EAST ZONE. PARCEL NO. __Z�L * ** NOT A SURVEY * ** LEGEND: EXISTING R. 0. W % PROPOSED R, 0. W. R. 0. W. = RIGHT OF WAY P.O.B. = POINT OF BEGINNING REVISED 9 -21 -- 04 L TM PROJECT No.: 62081 PARCEL No, 172 CLIEVT: COLLIER COUNTY TRANSPORTATION, Wilsollmillifr TT ENGINEERING &CONSTRUCTION MANAGEMENT DIVISION SKETCH OF DESCRIPTION IF BEING PART OF SHORES AT BERKSHIRE LAKES PHASE TWO —A, +8 Engivere • EcobIgalo • SuwYors • L.arxlwapaAr" acts • Tre W"jakaCcvae&nka PLAT BOOK 32, PAGES 60 -61, WilsvnMR6r, kv. COLLIER COUNTY, FLORIDA MAP* • rat *we - Sivm* • 8-ubvd) • Tsrpa DATE: PROJECT NO.: SHEET NUR: FILE NO.: MBE 04/2002 N6022- 00.2 - 010 —TDHWP 112 0: XXX 2GG -203 Sep 22, 2004 — 14:33:21 LMILLERjX: \SUR \N6022 \Sketch Of Descrlotlons \Suhrv,tR +„� \9 �7nie��o_. ,,.,..._ EXHIBIT= Page` of -LL4 PARCEL NO 3, LEGAL DESCRIPTION del ALL THAT PART OF SHORES AT BERKSHIRE LAKES, PHASE TWO -A, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID PLAT AND THE SOUTHEAST CORNER OF TRACT "D" PER SAID PLAT; THENCE ALONG THE WEST LINE OF SAID TRACT NORTH 00 "07'01" WEST 52.02 FEET; THENCE LEAVING SAID WEST TRACT LINE SOUTH 6543'14" EAST 75.97 FEET; THENCE NORTH 87'44'04" EAST 2 95. 72 FEE I,- THENCE SOUTH 82'542J" EAST 49.19 FEET; THENCE NORTH 8744'04" EAST 241,21 FEET; THENCE SOUTH 8727'05" EAST 122.74 FEET; THENCE ALONG THE SOUTH LINE OF" SAID TRACT SOUTH 87'45'14" WEST 777.68 FEET TO THE POINT OF BEGINNING. CONTAINING 11,566 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 516104 KLR /502 REVISED 9-21-04 L TM PREPARED BY.• WILSONMI INC, LANC T R, P OFE AL SURVEYOR & MAPPER FLORIDA RE (G7STRA LS #5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED aV NORIN SEALED WITH THE SURVEYORS EMBOSSED SEAL. AMERICAN DATUM (MA.0) 1983 -1990 s�t� (v IajTFa�v rEarroa £�ASw za�vE; # # ak CERFIFICATE OF AUTHORIZATION 1¢r 48-43 NOT A SURVEY PROJECT NO.: 62081 PARCEL NO. — 112 wilsonmill6i Pkmers • Engineers • Ecok9W9 • Srwymv • Lwxbc" Archilwi, • 7rarwporAatiatl Ca»itW,, WllBowiler, hic. =Oak L&A "ode X0 • Nfa r aom mmm • Phme so S99-xl4s . Ru 9#frp4m • wer„z% mvtm6axrri "u Sep 22, 2004 — 14:20:42 LMILLERjX: \SUR \N602..2 \Slcetch Of Descriptlorns C``NT COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION 71717: - LEGAL DESCRIPTION BEING PART OF SHORES AT BERKSHIRE LAKES PHASE TWO -A, PLAT BOOK 32, PAGES 61 -62, COLLIER COUNTY, FLORIDA PATE: PROJECT NO.: SHEET NUM9ER: FILE NO.: 0412002 N6022- 00. ?- 010 -TDNWP 112A G XXX 2GG -203 ��. 1 2o— rev,dwo 0 0 a Ili w 32 29 33 28 3 � GERMAN WOODS; � C7 PLAT BOOK 23, PA CE 62 PROPOSED I I DRAINAGE L EASEMENT ��— _ -- 501.45' (PLAT) PROP SW PERPETUAL, NON- I'UVW ROAD ( I R.O.W., ORAINAG& AND Un TY EASEMENr 7. S� .W FEET 7 i x r' 160' y EXISTING 100' EASEMENT . FOR R. 0. W. PURPOSES (PER PLAT) 500.87' (PLAT) GOLDEN CA 1E UNIT 7, c„ I PLAT BOOK 5, PAGES 135 -146 I S b n y 0 25 50 100 200 GRAPHIC SCALE GOLDEN GA TE ES TA TES UNIT 30, PLAT BOOK 7, PAGE 58 117 PROPOSED R. 0. W. EASEMENT 117.1 SANTA B4RBARA BOULEVARD LEGAL DESCRIPTION BEING 7HE WEST 47 FEET OF THE EAST 100 FEET Of" THE. SOUTH 160 FEET OF LOT 1, GERMAN WOODS, PLAT BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA, CONTAINING 7,520 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. *** NOT A SURVEY PREP4[WLSONM BY: INC. LANG L SURVEYOR & MAPPER FLOR627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS AR£ BASED ON NORM SEALED WITH THE SURVEYORS EMBOSSED SEAL, no vsni£NrAS AIENPiAw cc000Ran9i�re CERFIFICATE OF AUTHORIZATION # LB -43 SYSIFM NW) FOR rLMOA EAST ZONE. 61(sT PARCEL NO. I ilSOI v Pkrr M • Engna a • EcokWis • sLfw Ora • Landk" ArcMads • Traneperiawn Corwtanto WipIsonMJler, Inc. > Faf h ym • Suuoh • Bro* n • Toopa ,71 &kr Lang 9* 2'00 • NapNq Pal* 31pS9507 • Phoae EXHIBIT /4 Pam o PARCEL NO.- LEGEND: EXISTING R. 0. W. EASEMENT R. 0. PROPOSED SEMENT R. 0. W. = RIGHT OF WAY CLIENT: COWER COUNTY /ICAI,sponmiom ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION TITLE: " SKETCH AND DESCRIPTION BEING PART OF LOT 1, GERMAN WOODS, PLAT BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: Fa W60-57 -We"a *wWmwAymn 0412002 N6022 -002- 010 -7DHWP I 113 OF XXX 2GG -203 1 Jul 11, 2002 — 08:24:31 JNAPIERIX:ASUR \N6022 \Sketch of n7 ... . ..7 - ........y J2129 33 28 EXISTING 100' EASEMENT FOR R. 0. W. PURPOSES (PER PLA T ) 500.87' (PLAT) �I g z I � b M60' 22 :4; G b a a 0 25 50 100 200 GRAPHIC SCALE 117 117.1 GOLDEN GA TE ESTAS UNI T 30, 1 PLAT BOOK 7, AGE 58 SANTA B RBARA BO ULE VA RD GOLDEN GA TE UNIT 7, -<� PLA T BOOK 5, PAGES 135 -146 I i II DA SID L; WRENCE w� . I I i 2 ' PRE-SCHOOL 3 LEGAL DESCRIPTION BEING THE WEST 100 FEET OF SOUTH 160 OF SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY; FLORIDA SHOWN AS GOLDEN GA TE CANAL PER GOLDEN GA TE ESTA TES UNIT 7, PLA T BOOK 5, PAGES 135 -146, COLLIER COUNTY, FLORIDA. CONTAINING 16,000 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, * *# NOT A SURVEY *�# PREPARED BY: MLSONMYIV, INC, LANC T R, P OFE AL SURVEYOR &MAPPER FLORIDA REGISTRA LS ,¢15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED OIV NORTH SEALED WI TH THE SURVEYORS EMBUSSED SEAL. AMERICAN DAnJM (NA ,0) A9BJ -1990 AONSTMENr STATE PLANE COMMA TE CERFIFICATE OF AUTHORIZATION # LB -43 S157EM (GRID) rOR PLDRIOA EAST ZONE. NO.: NO. : Wilso�tlllliller Muylers • 501eers • EcokQeb • Q—eym • Lwdec" ArctWacls • TranWorwon C"Adnt7 WdsonMilier, Inc. *ks • Fat *m • &woM • aw&rkn • 1 -" 3200 a* Lent Uo 270 • Akdm Rath 3054M7 • Ph" 94F404M • Fu 94-43-5716 • Web,* nw,,6amivx= Jul 11, 2002 - 08:42 52 JNAPlFPIx EXHIBIT A Page_ ; � of 17 PARCEL NO. I r LEGEND: (� PROPOSED L2� R. 0. W. EASEMENT R, 0. W. = RIGHT OF WAY CLIENT: COWER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUC77ON MANAGEMENT DIVISION TITLE: 'ETCH AND DESCRIPTION BEING PART OF SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 0412002 I N6022 -•002- 010 —TDHWP I 114 OF XXX � I PROPOSED 2 DRAINAGE ©� EASEMENT cJ GERMAN WOODS, I PLAT BOOK 2J, PAGE 62 —- - -- -- 501,48' (PLAT) - - - -- - ;I I ROPOSED PERPETUAL. 1 o ON -ExaUS W ROAD .a W., DRAINAGE AND a UIKITY EASEMENT /7 16,0410 SQUARE FaT J2129 33 28 EXISTING 100' EASEMENT FOR R. 0. W. PURPOSES (PER PLA T ) 500.87' (PLAT) �I g z I � b M60' 22 :4; G b a a 0 25 50 100 200 GRAPHIC SCALE 117 117.1 GOLDEN GA TE ESTAS UNI T 30, 1 PLAT BOOK 7, AGE 58 SANTA B RBARA BO ULE VA RD GOLDEN GA TE UNIT 7, -<� PLA T BOOK 5, PAGES 135 -146 I i II DA SID L; WRENCE w� . I I i 2 ' PRE-SCHOOL 3 LEGAL DESCRIPTION BEING THE WEST 100 FEET OF SOUTH 160 OF SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY; FLORIDA SHOWN AS GOLDEN GA TE CANAL PER GOLDEN GA TE ESTA TES UNIT 7, PLA T BOOK 5, PAGES 135 -146, COLLIER COUNTY, FLORIDA. CONTAINING 16,000 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, * *# NOT A SURVEY *�# PREPARED BY: MLSONMYIV, INC, LANC T R, P OFE AL SURVEYOR &MAPPER FLORIDA REGISTRA LS ,¢15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED OIV NORTH SEALED WI TH THE SURVEYORS EMBUSSED SEAL. AMERICAN DAnJM (NA ,0) A9BJ -1990 AONSTMENr STATE PLANE COMMA TE CERFIFICATE OF AUTHORIZATION # LB -43 S157EM (GRID) rOR PLDRIOA EAST ZONE. NO.: NO. : Wilso�tlllliller Muylers • 501eers • EcokQeb • Q—eym • Lwdec" ArctWacls • TranWorwon C"Adnt7 WdsonMilier, Inc. *ks • Fat *m • &woM • aw&rkn • 1 -" 3200 a* Lent Uo 270 • Akdm Rath 3054M7 • Ph" 94F404M • Fu 94-43-5716 • Web,* nw,,6amivx= Jul 11, 2002 - 08:42 52 JNAPlFPIx EXHIBIT A Page_ ; � of 17 PARCEL NO. I r LEGEND: (� PROPOSED L2� R. 0. W. EASEMENT R, 0. W. = RIGHT OF WAY CLIENT: COWER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUC77ON MANAGEMENT DIVISION TITLE: 'ETCH AND DESCRIPTION BEING PART OF SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 0412002 I N6022 -•002- 010 —TDHWP I 114 OF XXX EXISTING 100' EASEMENT /FOR R. 0. W. PURPOSES (PER PLAT) 2,3 b a 22 P.O.C. - S.E. CORNER OF LOT 1 0 25 50 100 200 GRAPHIC SCALE 1 117 1171 EXISTING 30' EA SEM NT oFOR R.O.W. PURPOSES P R PLAT EXISTING 10' EASEM NT FOR DRAINAGE PURPOSES £R PLAT n GOLDEN GA TE ES TA S UN/ T 30, 'y PLAT BOOK 7, AGE 58 SANTA BARBARA BO YLEVARD FEE -SWEE TAKING GOLDEN GATE UNIT 7, A?" �� iE�T N 00V7'35 "W. 134.04' PLAT BOOK 5, PAGES 135 -146 C S. 03 33'01 "E 126.98' L £X1snNG AINAG£ i- Pp DD EASEM£ T PER a oaB. O,R.B. 961, AGE 566 2 I 3 4 1 DAVID LAWRENCE PRE - SCHOOL LEGAL DESCRIPTION ALL THA T PART OF LOTS 1 AND 2, GOLDEN GA TE ESTA TES UNIT 7, PLA T BOOK 5, PAGE 135 -146, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE SOUTH LINE OF SAID LOT SOUTH 875354" WEST 99.26 FEET; THENCE NORTHWESTERLY 1.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 04 2828" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 89 50'45" WEST 1.95 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY 39.90 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 9127'17" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 415252" WEST 35.80 FEET,• THENCE ALONG THE WEST LINE OF SAID LOTS NORTH 00 0735" WEST 134.04 FEET; THENCE LEAVING SAID WEST LOT LINE NORTH 89 5225" EAST 4.61 FEET, THENCE SOUTH l9 02'33" EAST 35.94 FEET THENCE SOUTH 0333'01' EAST 126.98 FEET TO THE POINT OF BEGINNING. CONTAINING 2,764 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY PREPARED; BY.• WILSONM INC LANG R, P OFE . AL SURVEYOR & MAPPER FLORIDA REGISTRA7M LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION I LB -43 NO.: 1 LINE TABLE Curve number I Radius= 25.00 Delta= 047828" Arc= 1.95 Tangent= 0.98 Chord= 1.95 Chord Brg. N.8950 45 "W. Line Bearing PROPOSED I N.89 5225 "E. 4.61' 2 DRAINAGE S 19172'33 "E. rn b EASEMENT 99.26' tij GERMAN WOODS, 1 PLA T BOOK 23, PAGE 62 I 501.48' (PLAT) I EXHIBIT /� Z � Page_ of PARCEL Ng.-- l� EXISTING 100' EASEMENT /FOR R. 0. W. PURPOSES (PER PLAT) 2,3 b a 22 P.O.C. - S.E. CORNER OF LOT 1 0 25 50 100 200 GRAPHIC SCALE 1 117 1171 EXISTING 30' EA SEM NT oFOR R.O.W. PURPOSES P R PLAT EXISTING 10' EASEM NT FOR DRAINAGE PURPOSES £R PLAT n GOLDEN GA TE ES TA S UN/ T 30, 'y PLAT BOOK 7, AGE 58 SANTA BARBARA BO YLEVARD FEE -SWEE TAKING GOLDEN GATE UNIT 7, A?" �� iE�T N 00V7'35 "W. 134.04' PLAT BOOK 5, PAGES 135 -146 C S. 03 33'01 "E 126.98' L £X1snNG AINAG£ i- Pp DD EASEM£ T PER a oaB. O,R.B. 961, AGE 566 2 I 3 4 1 DAVID LAWRENCE PRE - SCHOOL LEGAL DESCRIPTION ALL THA T PART OF LOTS 1 AND 2, GOLDEN GA TE ESTA TES UNIT 7, PLA T BOOK 5, PAGE 135 -146, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE SOUTH LINE OF SAID LOT SOUTH 875354" WEST 99.26 FEET; THENCE NORTHWESTERLY 1.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 04 2828" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 89 50'45" WEST 1.95 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY 39.90 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 9127'17" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 415252" WEST 35.80 FEET,• THENCE ALONG THE WEST LINE OF SAID LOTS NORTH 00 0735" WEST 134.04 FEET; THENCE LEAVING SAID WEST LOT LINE NORTH 89 5225" EAST 4.61 FEET, THENCE SOUTH l9 02'33" EAST 35.94 FEET THENCE SOUTH 0333'01' EAST 126.98 FEET TO THE POINT OF BEGINNING. CONTAINING 2,764 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY PREPARED; BY.• WILSONM INC LANG R, P OFE . AL SURVEYOR & MAPPER FLORIDA REGISTRA7M LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION I LB -43 NO.: 1 LINE TABLE Curve number I Radius= 25.00 Delta= 047828" Arc= 1.95 Tangent= 0.98 Chord= 1.95 Chord Brg. N.8950 45 "W. Line Bearing Distance L 1 N.89 5225 "E. 4.61' L2 S 19172'33 "E. 35.94' L3 S. 8753'54 "W. 99.26' BEARAW ARE BASED LW NORTH AWWWAN DAW AUD) IM- -1890 AO,VSTMENT STA Pr PCAH£ COORDINATE srsTEM (GRID) rOR T agm EASr zw Wil nMiller� -ry�� Pbnws • Enp hwm • EcobpBrb • &rwyan • l.wdwq a Ard*ocb • TraggpwtaGon CawAw* WinorMbr, Ina Mon - r„ tyw. • &rmb • aadwke • Tim. Aw &b L&M a* BOG • Nrp bt FWM =40 • RM 90-ewd0A7 • ft *40-ou • W*-a nwamy ven 1,.1 ,1 I— 1.. AL,O iii nnicmly. \r n\, n \r LEGEND: Curve number 2 Radius= 25.00 Delta= 9127'17" Arc= 39.90 Tangent= 25.64 Chord= 35.80 Chord Brg. N 4152 52 "W. �s x PROPOSED R. O. W. R. 0. W. = RIGHT OF WAY P.O. B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R.B. = OFFICIAL RECORDS BOOK COLDER COUNTY 7RANSPORTA7I0N. _ - ENGINEERING & C0NS7RUC71ON MANAGEMENT DIVISION SKETCH AND DESCRIP71ON BEING PART OF LOTS 1 AND 2, GOLDEN GATE ESTATES UNIT 7, PLAT BOOK 5, PAGE 135 -146, COLLIER COUNTY, FLORIDA N6022- 002 - 010 -TOHWP 1 115 OF XXX i... r_.. I.. _.,« I ....— .,, ...,— ,a.n io \cyy —., ia.uwy 9 a o$ N Z - ao P� r P.O.B. —i ' P.O .C. N\Z S. E. CORNER OF TRACT 117 329.30' I (PLAT) 117 Bearing SOU TH 150' OF TRACT 117 w EXH I S 89 38 22 "W. Page a N00'17'37 "W. 12.47' PROPOSE N. 7739 37'E. NAN -EXi L5 R.QW.. 0 117.1 NOR TH 180' OF TRACT 117 IT A Y-- of ' PaPEIUA4 FARCE :US W ROAD A/NAG& AND EASEMENT VARE FaT FEW -11 4.i 0 25 50 100 200 GRAPHIC SCALE GOLDEN GATE EST TES UNIT 30, PLAT BOOK 7, PAGE 58 0 A a 116 115 NO. = PROPOSED R. 0. W. EASEMENT EXISTING 53' EASEMENT FOR R. . W. PURPOSES (PER PL AT) EAST LINE OF SECTION 29 GOLDEN GA TE UNI T 7, c" j SANTA BARBARA PLA T BOOK 5, PAGES 135 -146 G; I BOULEVARD 2 3 0 5 Cn GOLDEN GATE CITY UNIT 7, BLOCK 269 PLAT BOOK 5, PAGES 135 -146 LEGAL DES CR /P�Q�( ALL THAT PART OF THE SOUTH 150 FEET OF TRACT 117, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARRCULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 117, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 893822" WEST 5300 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 893822" WEST 71.85 FEET. THENCE LEAVING SAID SOUTH TRACT LINE NORTH 00'17'37" WEST 12.47 FEET, THENCE NORTH 7739 37" EAST 38.84 FEET; THENCE NORTHERLY 110.84 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2,928.00 FEET THROUGH A CENTRAL ANGLE OF 02'10'08" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 07'02'09" WEST 110.83 FEET; THENCE NORTHERLY 19.55 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3,061.00 FEET THROUGH A CENTRAL ANGLE OF 0021'57" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 0756 "15" WEST 19.55 FEET,, THENCE NORTH 893151" EAST 49.91 FEET; THENCE SOUTH 00 07 35" EAST 150.09 FEET TO THE POINT OF BEGINNING. CONTAINING 6,696 SQUARE FEET MORE OR LESS. CUR VE TA BL E SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, NO. RADIUS DEL TA ARC TANGENT CHORD CHORD BEARING 1 2928.00' 0270'08" 110.84' 55.43' 110.83' N.0702'09 "W. 2 3061.00" 002157" 19.55' 9.77' 19.55' N.0756'15 "W. ** NOT A SURVEY * ** PREPARED BY.- WLSON5kq, INC. LANCkL_AQ,dR, PtfOFE WAL SURVEYOR & MAPPER FLORIDA REGISTRAY10N LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION I LB -43 PARCEL NO. L INE TA BL E Line Bearing Distance L 1 S 89'38'22 "W, 53.00' L 2 S 89 38 22 "W. 71.85' L3 N00'17'37 "W. 12.47' L 4 N. 7739 37'E. 38.84' L5 N.893151'f 49.91' BEARMS ARE BASED OM/ NWTH AM£R/CAN DATUM (N. A. DI 1918.7 -1990 AD.N$7WNT STATE PIMA:' COORDINATE SYSTEM (GRID) roi f-taWA EAST ZONE. Pkmwo • Engni • Ecokyela • Swwym • Landri ArdWeds • Transporfa0on ConaMai WbOnMiller, Inc. Ai • FiA*v • Bvai • &&*Mm •Tenpe 5200 "y Lena &d# 200 - A4pbr, Fb1bh SiYXrW • Pi 9p-BN,1010 • Fu 0040" • Web -ft wv&Ww*i rcm LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W. EASEMENT ROW = RIGHT OF WAY P. 0. C. = POINT OF COMMENCEMENT P.O.R. = POINT OF BEGINNING li COwER COUNTY TRANSPORTATION. ENGINEERING & CONSTRUCTION MANAGEMENT DI VISION E' SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 150' OF TRACT 117, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA N6022- 002 - 010 - TDHW116 OF XXX rvov IZ, Zi — 1 J: za: U-� L.Ml i \3UM \wou[[ \JKelcn i uescript ions \JuDrrJlted \ZggZUSSi l b. dwg 2 a w O O ti 1 329.30' I (PLAT) 117 SOU TH 150' F TRACT 117 117.1 NOR TH 180' OF TRA C T 117 w a 0 a PROPOSED ERPETUAL, NOW -iM W ROAD R.QW., DRA! AG& AND U77UTY SEMENT -- 14M fFET co a a iQL 0 25 50 '00 200 GRAPHIC SCALE GOLDEN GATE ES T4 TES UNIT 30, PLAT BOOK 7, IPA GE 58 116 PROPOSED R. 0. W. EASEMENT 114.1 1 1 z 4j 7�, � 500o7'35'E. 180.00'EXIST11 53' EASEMENT \o N.EO CNER FOR R. . W. PURPOSES OF TRACT 117 (P R PLAT) EAST LINE OF SECTION 29 GOLDEN GATE UNIT 7, SANTA BARBARA PLAT BOOK 5, PAGES 135 -146 1-^:I BOULEVARD ' 3 4 5 6 1 2 GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146 BLOCK 269 ALL THA T PART OF THE NORTH 180 FEET OF TRACT 117, GOLDEN GA T£ ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 117, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE LEA DING SAID EAST SECTION LINE, AND ALONG THE NORTH LINE OF SAID TRACT SOUTH 89:31 51 " WEST 5300 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 0735" EAST 180.00 FEET, THENCE SOUTH 89 ;31 51 " WEST 49.91 FEET; THENCE NORTHERLY 180.89 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3,061.00 FEET THROUGH A CENTRAL ANGLE OF 0323'09" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 0610Y41" WEST 180.86 FEET. THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 89;3151" EAST 68.61 FEET TO THE POINT OF BEGINNING. CONTAINING 10,829 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A SURVEY * *# PREPARED BY' WILSONMI INC. LANC T R, PtOFf;5WAL SURVEYOR & MAPPER FLORIDA REGISTRAYIM LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. C£RFIFICATE OF AU THORIZA 77ON I LB -43 1 PROJECT NO.: 117 CURVE NUMBER 1 Radius= 3061.00 Delta= 0373'09" Arc= 180.89 Tangent= 90.47 Chord= 180.86 Chord Brg, N 06 '0341 "W. REARMS ARE BASED ON NORTH AMERCAN DATUM (A( A.0) 1901 -1990 ADNSTMIENT SU TE PLANE COMWA TE sysTfm mw) FOR riww EAST zw. wil nMiller T fl— • Ernie— • Ecobpisls • Sir-ym • Landec" ArcMecb • Tranapajst9m camuHonla Wb nMWer, Inc. Akdu • Fates • U-00A • &A*Am • Twm mB&byU'4 Sub 200 • N4pb4 p'w* J4p5-✓r507 • ph" 941w4040 • ra ~vx • W". wWl4arnb . 'EXHIBIT_, geC) of 0 PARCEL NO. 0 I,_ LEGEND: EXISTING R. 0. W. EASEMENT L��PROPOSED L� R. 0. W. EASEMENT R.O.W. = RIGHT OF WAY P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT - "': COWER COUNTY TRANSPORTATION. ENGINEERING & CONSTRUCTION MANAGEMENT Dl VISION ,E: SKETCH AND DESCRIPTION BEING PART OF THE NORTH 180' OF TRACT 117, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA N6022 -002 - 010 -TOHWP I 117 OF XXX . I \ \ , „« \—Iui — uu— iNuuna \auumirceo \[gg[ujsI i i.awg 330.00' I (PLAT) I I GOLDEN GATE ES TA TES j UNIT 30, PL AT BOOK 7, PAGES 58 I I 0 25 30 100 200 GRAPHIC SCALE GOLDEN GA TE UNIT 7, �, i SANTA BARBARA BOULEVARD PLAT BOOK 5, PAGES 135 3 11 4 1 5 1 6 1 7 I 8 �l 9 GOLDEN GA TE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146 BLOCK 269 LEGAL DESCRIPTION ALL THA T PART OF THE SOUTH 180 FEET OF TRACT 116, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 116, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID EAST SECTION LINE, AND ALONG THE SOUTH LINE OF SAID TRACT 116 SOUTH 89-11-51" WEST 53.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89:3151" WEST 68.61 FEET. THENCE LEAVING SAID SOUTH TRACT LINE NORTHERLY 180,16 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VE EASTERLY HAVING A RADIUS OF J061.00 FEET THROUGH A CENTRAL ANGLE OF 03 22 20" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 02'40'57" WEST 180.13 FEET; THENCE NORTH 89'3151" EAST 76.65 FEET; THENCE SOUTH 0007'35 " EAST 180.00 FEET TO THE POINT OF BEGINNING, CONTAINING 13,233 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. #� NOT A SURVEY# PREPARED BY., W1LS0, IN LANG T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRAMN LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL, CERFIFICATE OF AUTHORIZATION / LB -43 62081 NO. : BEARR/OS ARE BASED ON NORTH AMERICAN OATW (N.A.D) 1MJ -1990 ADWSTMENT STATE PLANE COORONAX SYSTEM (GRID) fOR rLOOWA FAST ZONE. Nasilr; p¢ R 11¢I LPOOOOaa W ilonmilki Pk/van • Enp — • Eedoplits • Stirveyors • Landscape &d&ck • Transportatkn Comtdtants WtleonM*r, Inc Ahpb • Fod*m • Sirmh • Badarkm • T&,p 89 &kYLma &ds 200 • N4*4 fiakk 305-W • P6 r e 9C1.61P410 • Fu 9"43 -90 • Web-Sh wn * m*rmm Nov 13, 2002 - 10:55;51 LMILLER X: \SUR \N6022 \Sketch Of Descriptions \S EXH16 ►T' Page 01 --__ PARCEL W. 11 LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. O. W. EASEMENT R, 0. W. = RIGHT OF WA Y P.O. B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT ULM: COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION rT`E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 116, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA LATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 0412002 N6022- 002 - 010 —TDHWP 118 OF XXX ,2GG _20, mined \2oa203s11ft d- NORTI 150' OF TRACT 116, � TRACT 115, °p $ 116 SOUTH 180 OF TRACT 114 i 117.1 SOU TH 180' NOR TH 150' e 114.1 CURVE NUMBER 1 OF TRACT 116 OF TRACT 116 -------------- i RADIUS= 3061.00 PROPOSED POPEMA4 ; 'zt DEL TA= 03 22 20" VO.';.�MR �W ROAD j ARC= 180.16 TANGENT= 90.11 NAGS AND PROPOSED CHORD= 180.13 UTILITY AsswaNT 0.W EASEMENT i CHORD BRG. N024057 "W. 142�T AI'1E F&r P.O.B. �, _--- P.D.C. v, S 00'0735'E 180.00' � EX/STING 53' EASEMENT S.E. CORNER a FOR R.pER OF TRACT 116 PL ( ) EAST LINE OF SECTION 29 GOLDEN GA TE UNIT 7, �, i SANTA BARBARA BOULEVARD PLAT BOOK 5, PAGES 135 3 11 4 1 5 1 6 1 7 I 8 �l 9 GOLDEN GA TE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146 BLOCK 269 LEGAL DESCRIPTION ALL THA T PART OF THE SOUTH 180 FEET OF TRACT 116, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 116, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID EAST SECTION LINE, AND ALONG THE SOUTH LINE OF SAID TRACT 116 SOUTH 89-11-51" WEST 53.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89:3151" WEST 68.61 FEET. THENCE LEAVING SAID SOUTH TRACT LINE NORTHERLY 180,16 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VE EASTERLY HAVING A RADIUS OF J061.00 FEET THROUGH A CENTRAL ANGLE OF 03 22 20" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 02'40'57" WEST 180.13 FEET; THENCE NORTH 89'3151" EAST 76.65 FEET; THENCE SOUTH 0007'35 " EAST 180.00 FEET TO THE POINT OF BEGINNING, CONTAINING 13,233 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. #� NOT A SURVEY# PREPARED BY., W1LS0, IN LANG T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRAMN LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL, CERFIFICATE OF AUTHORIZATION / LB -43 62081 NO. : BEARR/OS ARE BASED ON NORTH AMERICAN OATW (N.A.D) 1MJ -1990 ADWSTMENT STATE PLANE COORONAX SYSTEM (GRID) fOR rLOOWA FAST ZONE. Nasilr; p¢ R 11¢I LPOOOOaa W ilonmilki Pk/van • Enp — • Eedoplits • Stirveyors • Landscape &d&ck • Transportatkn Comtdtants WtleonM*r, Inc Ahpb • Fod*m • Sirmh • Badarkm • T&,p 89 &kYLma &ds 200 • N4*4 fiakk 305-W • P6 r e 9C1.61P410 • Fu 9"43 -90 • Web-Sh wn * m*rmm Nov 13, 2002 - 10:55;51 LMILLER X: \SUR \N6022 \Sketch Of Descriptions \S EXH16 ►T' Page 01 --__ PARCEL W. 11 LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. O. W. EASEMENT R, 0. W. = RIGHT OF WA Y P.O. B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT ULM: COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION rT`E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 116, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA LATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 0412002 N6022- 002 - 010 —TDHWP 118 OF XXX ,2GG _20, mined \2oa203s11ft d- 330.00' (PLAT) 116 1 o NORTH 150' OF TRACT 116, n rn 12 x I I I I I I I I I I N� �I �i wj v; I NOR TH SOUTH 330.00' (PLAT) j 330.00' (PT I GOLDEN GA I E ES TA TES UNI T 30, TRACT 115 PLAT BgOK 7, PAGES 58 i 114.1 I 150' OF TRACT 116, TRACT 115, 180' OF TRACT 114 SOUTH 180' PROPOSED PERPETUAL, NON— EXCLUSIVE ROAD R. 0. W., DRAINAGE, AND — UTILITY EASEMENT 39,978 SQUARE FEET OF TRACT 114, I I I I PROPOSED I R. 0. W. EASEMENT N.00'0735'W. 216.81' PLA 114 0 o� c� y 2 SANTA BARBARA L EAST LINE OF S OOV7'35'E GOLDEN GA TE UNIT 7, cn I BOULEVARD P.O.C. SECTION 29 PLAT BOOK 5, PAGES 135 -146 SE. CORNER F TRACT 115 5 6 7 8 9 10 11 GOLDEN GA 7F CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146 BLOCK 269 LEGAL DESCRIPTION ALL THAT PART OF THE NORTH 150 FEET OF TRACT 116, TRACT 115, AND THE SOUTH 180 FEET OF TRACT 114, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 115, A POINT ON THE EAST LINE OF SEC77ON 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG SAID SECTION LINE SOUTH 0017735" EAST 150.00 FEET, THENCE LEAVING SAID SECTION LINE SOUTH 893151' WEST 53.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 8931'51' WEST 76.65 FEET,• THENCE NORTHERLY 46.48 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3,061.00 FEET THROUGH A CENTRAL ANGLE OF 00'52'12' AND BEING SUBTENDED THROUGH A CHORD WHICH BEARS NORTH 003341' WEST 46.48 FEET THENCE NORTH OOV7J5- KEST THENCE AL S ALONG SOUTH LINE OF SAID TRACT 115 SOUTH 893151' WEST 8.00 FEET, THENE LEA WNG SAID SOUTH TRACT LINE NORTH 00177'35' WEST 259.87 FEET �' I .�� THENCE NORTH 1371105' EAST 34.3,1 FEET; ")U--LL- THENCE / � Of l THENCE NORTH 00'07'35' WEST 216.81 FEET, NORTH 893151' EAST 4100 FEET,• THENCE SOUTH OOV7'35' EAST 180.00 FEET TO THE NORTH LINE OF SAID TRACT 115; THENCE LEA WNG SAID NORTH TRACT LINE SOUTH 0438'00' EAST 330.87 FEET TO THE SOUTH LINE OF SAID TRACT 115, THENCE ALONG SAID SOUTH TRACT LINE NORTH 8931'51' EAST 8.00 FEET, THENCE LEA ONG SAID SOUTH TRACT LINE SOUTH 00177'35' EAST 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 39,978 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REWSED 06 -01 -04 * ** NOT A SURVEY ** PREPA BY WTLSONMILLER, INC. oG NDREW B. BECK,, PROFESSIONAL SUR MAPPER FLORIDA REG /STRATTON LS x'6065 NOT BAUD UNLESS SIGNED BY THE SURVEYOR AND SEALED NTH THE SURVEYOR'S EMBOSSED SEAL. CERFTRCATF OF AUTHORIZATION / LB 4J PARCEL NO. CURVE NUMBER 1 RADIUS= 3061.00 DELTA= 0052'12' ARC = 46.48 TANGENT= 23.24 CHORD= 46.48 CHORD BRG. N.003341'W. NEAWW ARE AM av KNIN AIE7r/AW QA74M A0)) fiEi -1110 ADJJS7 rSfA PYAA[a7aa11VA7E SMW (M) Far RaWA EAST MC PROJECT NO.: 62081 I PARCEL NO.; 19 Wil Miller m ~UO Arrwrs • 9p1Mr1 • C -army" • Lwwswe*wwm l • R uwwbft caomll rb wlelorAmer, ha lirp87Mri�or{ AbtQD • IMpMR ffOral N�dtA A1FANalp faf AIF60 m1! •NWT mukwArm7 0 25 50 too 200 GRAPHIC SCALE LEGEND: EXISTING R.O.W. EASEMENT PROPOSED R. 0. W. EASEMENT R.O.W. - RIGHT OF WAY P.D.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R.B. = OFFICIAL RECORDS BOOK """" COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION T'I`E' SKETCH AND DESCRIPTION BEING PART OF NOR7H 150' TRACT 116, TRACT 115, do SOUTH 180' 7RACT 114, GOLDEN GA 7E' ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA PROJECT NO.: SHEET NUMBER: I FILE NO.: N6022- 002 - 010 —TDHKP 119 OF XXX 2GG -203 Jun 11, 2004 — 15:22:43 LMILLERIX: \SUR \NG022 \Sketch Of Descriptions \Submitted \2gg203s119.dwg l EXISTING 53' EASEMENT FOR R. 0. W. PURPOSES (PER PLAT) SANTA BARBARA EAST LINE OF BO EVARD SECTION 29 GOLDEN GATE UNIT 7, PLAT BOOK 5, PAGES 135 -146 W L4 I o. _65' _ _ 65_ Iv o 28 a $ M 1 F SIl .167 S 27 I 1 125.07' (PLAT) 26 2 PROPOSED I R. D. W. 25 3 24 BLOCK 230 GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146 P. O.B. N. E. CORNER OF LOT 1 TAKING RE FEET w A, 0 25 50 100 200 GRAPHIC SCALE BLOCK 228 GOLDEN GA TE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 y 0,� Vi 2 LINE TABLE LINE LENGTH BEARING L 1 36.01 b7' L2 102.49 7 3 0 61.J8 33' L4 50.26 NO 177J5"W L5 125:69 7 3 CURVE TABLE CURVE I LENGTH I RADIUS I DELTA I TANGENT I CHORD BEARING CHORD Cl I J7. 1' 1 25,00' 1 8671'57' 1 2J J9 I $457?'J9W LEGAL DESCRIPTION ALL THAT PART OF LOT 1, BLOCK 230, GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EAST LINE OF SAID LOT 1 SOUTH 00,07'J5" EAST 36.01 FEET; THENCE LEAVING SAID EAST LOT LINE SOUTH 88'18'36" WEST 102.49 FEE I,- THENCE SOUTH 5033'28" WEST 61.38 FEET TO THE WEST LINE OF SAID LOT 1; THENCE ALONG WEST LINE OF SAID LOT 1 NORTH 00,0735" WEST 50.26 FEET,. THENCE CONTINUE ALONG SAID LOT NORTHEASTERLY 3761 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 86'11'57" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 45'1239" EAST 34.16 FEET; THENCE ALONG NORTH LINE OF SAID LOT 1 NORTH 88'1837" EAST 125.69 FEET TO THE POINT OF BEGINNING. CONTAINING 6,167 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A SURVEY * ** PREPARED BY.•,- W/LSONMI INC. LANC T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRAMN LS 45627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR S• EMBOSSED SEAL. CERFIFICATE OF AUTHO.RIZAT10N i LB -43 NO.: 62081 I PARCEL NO.: 122 'ARCEL NO. BEARINGS ARE BASED ON NO1RIH AMEMW DATUM (N.A.D) 1983 -1990 AM57MENT STATE PEANF COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ZONE. wilsonmillor Pie wv • ftheen • EcokOb • Su-)— • Land ape ArcMocb • TFeaparNN- O>a VA to Wd9"amer, %1c. 8200 W LW 8db a • *14 � 3CYJS85tA 9QF841." Au T Vx • ft so IwmA"AAA" EXHIBIT /1 Page I 'of =4 LEGEND: PROPOSED R. 0. W. R. 0. W. = RIGHT OF WAY P, O. B. = POINT OF BEGINNING REVISED 9 -21 -04 LTM CLIENT: COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION TITLE` SKETCH AND DESCRIPTION BEING PART OF LOT 1, BLOCK 230, GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146, COLLIER COUNTY, FLORIDA PROJECT NO.: SHEET NUMBER: FILE NO.: 0412002 1 N6022- 002 - 010 -TDHWP 122 OF XXX 2GG -203 Sep 22, 2004 — 14:17:28 LMILLERIX: \SUR \N6022 \Sketch Of De3criptiona \Submitted \2gg203sl22— rev.dwg Jul 11, 2002 — 08: 57: 26 JNAPIER X: \SUR \N 6022 \Sketch Of Descriptions \Submitted \2gg203s123,dwg i EXISTING 53' EASEMENT FOR .0. PLA PURPOSES S ' SANTA BARBARA EAST LINE OF BD EVARD SECTION 29 0 25 50 100 200 GOLDEN GA TE UNIT 7, cn GRAPHIC SCALE PLAT BOOK 5, PAGES 135 -146 28 N 0 65_ _65' r _ _ 125.07' (PLA r) FEE SIMP TAKING 27 36' 4, SQU FEET v 0 2 <N g o <� 26 36' BLOCK 228 125.07' (PLAT) GOLDEN GA TE CITY UNIT 6, PROPOSED PLAT BOOK 5, PAGES 125- 134 R. 0. W.o 25 M I ,3 �� 24 A Iy BLOCK 230 GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146 I LEGAL DESCR/P1IDN BEING THE NORTH 36 FEET OF LOT 2, BLOCK 230, GOLDEN GATE CITY UNIT 30, PLAT BOOK 5, PAGES 135 -146, COLLIER COUNTY, FLORIDA. CONTAINING 4,320 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT 4 Page, 0- ' , q PARCEL N®• 1 #� NOT A SURVEY PREPARED BY. WLSONM INC. LEGEND: PROPOSED R. 0. W. LANAZ.UkfR, P OFE AL SURVEYOR & MAPPER R.O.W. = RIGHT OF WAY FLORIDA REGISTRAIRON LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WTH THE SURVEYORS EMBOSSED SEAL. aEARAW ARE BA(SM av NWIM ADJV$rWN'STAIr AD / rr CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (A%0) FIX naWA EAST ZW.. PROJECT NO.: 62081 PARCEL NO.: 123 CLIENT: COWER COUNTY TRAM PORTA7� 0N. ENGINEERING �L. IyGRCONS {�TRU,CflIIN/PU,."7f-NAGMENl'T DIMON RSKET%�i '••••"° '��"�°°°°°° TITLE. AND ONESCRIwf IMP•T10VV W BEING PART OF LOT 2, BLOCK 230, Ph—s • a,6* EcokpW • 8jmym • L&ndw m ArcfYbcts • TrwwW Wn Ca,A b GOLDEN GA TE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146, COLLIER COUNTY, FLORIDA wbormeF km SM�p Kpy . rwt*n . y . &adwm. Tagm GATE: PROJECT NO.: I SHEET NUMBER: FILE NO.: =ewl' Wt a s 2w • w * mx* 3wFw - Am w1 w-= • wee, mdxmforcan 04/2002 N6022- 002- 010 - TDHWP 1 123 OF XXX '20 —203 Jul 11, 2002 — 08: 57: 26 JNAPIER X: \SUR \N 6022 \Sketch Of Descriptions \Submitted \2gg203s123,dwg EXISTING 53' EASEMENT FOR R. 0. W. PURPOSES (PER PLAT) SANTA BARBARA EAST LINE OF BO EVARD SECTION ZY GOLDEN GATE UN/ T 7, v, I PLAT BOOK 5, PAGES 135 -146 �^: I 28 27 26 rn 11 1 R. 0. W. 2 125.07' (PLA T) N 25 03 ,a — a 24 I 1 125.07' (PLAT) BLOCK 230 GOLDEN GATE CITY UNIT 7, I PLAT BOOK 5, PAGES 135 -146 tN —65' — � — f5,— rR a �g s .D a a n�. A i b �b -4mo 0 25 50 100 200 GRAPHIC SCALE BLOCK 228 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 125 -134 TAKING Far LEGAL DESCRIPTION BEING THE NORTH 36 FEET OF LOT 3, BLOCK 230, GOLDEN GATE CITY UNIT 30, PLAT BOOK 5, PAGES 135 -146, COLLIER COUNTY, FLORIDA. CONTAINING 4,320 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT 2-- Page -X of PARCEL No. IU-� � NOT A SURVEY #� PREPARED BY.- WILSONM , INC. "i LEGEND: PROPOSED R. 0. W. R.O. LANC R, P OFE AL SURVEYOR & MAPPER W. = RIGHT OF WAY FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND WARM AK BASED Av AMIN SEALED WITH THE SURVEYORS EMBOSSED SEAL. �D s°n""aNr STAr�� OOMAi�IE C£RF/F/CATE OF AUTHORIZATION / LB -43 Srs7EM (m; mR namm £AST rave PROJECT NO.: 62081 I PARCEL NO.: 124 wilsonmilier ~� Plwan • Erman • Ec*ofs • 8vwym • LwW*4ps Ard*ocb • TrWWorfsaen CmRfiants Who(Amv,, bra. hYpw • Faf 1Mn • 8vwh • 6Wwm • Trop 3�A0 alley LAM dIe A70 • � � 3R3�dAA • RKVr 948NJOwD • Fu 9�e1�At • Web,ab w�riarmw.oan GN1: COWER COUNTY TRANSPORTA7I0N, ENGINEERING & CONS7RUC7ION AIANA"ENT DIVISION .E: SKEMN AND DESCRIPTION BEING PART OF LOT 3 BLOCK 230, GOLDEN GATE G/TY UNIT 7, PLAT BOOK 5, PAGES 135 -146, COLLIER COUNTY, FLORIDA 0412002 I N6022- 002 - 010 -TDHWP 1 124 OF XXX Jul 11, 2002 — 08:58:16 JNAPIER X: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s124.dwg TA BARBARA EAST LINE OF SAN GOLDEN GA TE UNIT 7, I T LEVARD SECTION 29 PLAT BOOK 5, PAGES 135 -146 I 28 0 zs so GRAPHIC SCALE Zoo N 65' a � O �2 ab 2 PROPOSED I � a � �J R.O.W. Nz 2 '+ `D z BLOCK 228 26 I '� GOLDEN GATE CITY UNIT 6, Ia PLAT BOOK 5, PAGES 124 -134 BLOCK 230 GOLDEN GATE CITY UNIT 7, I PLAT BOOK 5, PAGES 135- 146 25 ,3 LINE TABLE Line Bearing Distance L 1 S 00'07'35"E. 35.23' L2 S, 88'1836 "W. 64.05' 125.07' (PLAT) FE SIMP TAKING L3 N.0007'35 "W. 36.00' 24 L3 1144 19 FEET L4 11.88'18'37 "E. 120.00' r— ti Iv Q o CUR VE NUMBER 4 - -- RADIUS= 2016.00 0 B DELTA= 0135 27" Li N. E. CORNER ARC= 55.98 125.07' (PLAT) I OF LOT 4 TANGENT= 2799 5 CHORD= 55.97 CHORD BRG. S 87'30'53 "W, LEGAL DESCRIP770Y ALL THAT PART OF LOT 4, BLOCK 230, GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE ALONG EAST LINE OF SAID LOT 4 SOUTH 00 0735" EAST 35.23 FEET; THENCE LEAVING SAID EAST LOT LINE SOUTHWESTERLY 55.98 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2,016.00 FEET THROUGH A CENTRAL ANGLE OF 013527" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 8730'53" WEST 55.97 FEET,• THENCE SOUTH 88'18'36" WEST 64.05 FEET TO THE WEST LINE OF SAID LOT 4; THENCE ALONG SAID WEST LOT LINE NORTH 00-07'J5" WEST 36.00 FEET; THENCE ALONG NORTH LINE OF SAID LOT 4 NORTH 88'18'37" EAST 120.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,319 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT 'jage= of NOT A SURVEY PARCEL NO.— PREPARED BY.- WILSONM INC. LEGEND: PROPOSED R. 0. W, R.O.W. = RIGHT OF WAY LA NC R, P OFE AL SURVEYOR & MAPPER P.O.B. = POINT OF BEGINNING FLORIDA REGISTRAIMM LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND 8EA'GS ARE BASED ar AWW SEALED WITH THE SURVEYORS EMBOSSED SEAL. A"'�G""' DAN"' MAD lner-�s'sD Aowsn r STA PL COpROgYAlE CERFIFICATE OF AUTHORIZATION / LB -43 SY51EM (GRID) FOR n.OR1DA EAST ZONE. PROJECT NO.: 62081 1 PARCEL NO.: 123 CLIENT: COLUER COUNTY TRANSPORTATION, ft-am. ENGINEERING & CONSTRUCTION AUNAGEWENT DIMON wil nMIIIer TITLE: SKETCH AND DESCRIPTION BEING PART OF LOT 4, BLOCK 230, Pbmen • Erpaxs • [colopbts • Dzwyors • l wAwApo Ard*ocb • Trwworbthn CmRfi nts GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146, Wises COLDER COUNTY, FLORIDA R4rM • Fpf On • tterssoY • tisdnkn • Ti7as GATE: PROJECT NO.: SHEET NUMBER: TILE NO.: slope�.rL,na ar. ae •was sacs a�T • rno» "• Ru 9a4a� • Wob- e . *m.dm 04/2002 N6022- 002 - 010 — TDHWP 1 125 of xxx 2GO-203 Jul 11, 2002 — 08:58:3D JNAPIER1X: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203sl25.dwg 65' _ 65'— 25 a 3 0 23 SO 100 200 24 GRAPHIC SCALE BLOCK 230 GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146 I BLOCK 228 4 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 23 125.07' (PLA T) L2 FEE SIMPLE TAKING z 3, SQU fEFT 0 o'to 22 I v 5 �' r_ r1l, P. U.B. 55TH STREET SOUTHWEST N. CORNER 21 125.07' (PLAT) Ll OF OT 5 20 PROPOSED ' CO b O BLOCK 219 R, 0. W. 2 `D-- GOLDEN GATE C/TY UNI T 6, PLAT BOOK 5, PAGES 124 -134 �� 9 R z � CURVE NUMBER 1 - -- 7 rn `wD. RADIUS= 2016.00 L INE TA BL E DELTA= 0325'19" Line Bearing Distance ARC= 120.41 L1 S. 00 0735 E 28.30' TANGENT= 60.22 8 L2 N.0007'35 'W. 35.23' CHORD= 120.39 CHORD BRG. 5 8500'29 "W. LEGAL DESCR/P110N ALL THA T PAR T OF L 0 T 5, BL OCK 230, GOLDEN GA TE Cl T Y UNI T 7, PLA T BOOK 5, PA GES 135 -146, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING A T THE NOR THEAST CORNER OF SAID L 0 T 5, THENCE ALONG THE EAST LINE OF SAID LOT 5 SOUTH 00'0735" EAST 28.30 FEET; THENCE LEAVING SAID EAST LOT LINE SOUTHWESTERLY 120.41 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2,016.00 FEET THROUGH A CENTRAL ANGLE OF 0325'19" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 85'00'29" WEST 120.39 FEET- THENCE ALONG THE WEST LINE OF SAID LOT 5 NORTH 00'07'35" WEST 35.23 FEET, THENCE ALONG THE NORTH LINE OF SAID LOT 5 NORTH 8878'37" EAST 120.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,883 SQUARE FEET MORE OR LESS, n SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT Page_�2L =of4 . NOT A SURVEY # PARCEL NO. C'� PREPARED BY- W/LSONM INC. LEGEND: PROPOSED R. 0. W. R. 0. W, = RIGHT OF WAY LANG R, P pFE AL SURVEYOR & MAPPER P.O. B. =POINT OF BEGINNING FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND KARwcs Arx BASE) W NORM AWRCW SEALED WITH THE SURVEYORS EMBOSSED SEAL. AAOXSSWNNr1 N ENAAW rroa 01E CERFIFICATE OF AUTHORIZATION / LB -43 sysRrr farm) roa rzarme 2Asr zcwc. PROJECT NO.: 62081 1 PARCEL NO.: 126 CLIENT: COLDER COUNTY 7RANSPOiRTA770N, �'� ENGINEERING & CMSMUC71ON MANAGEMENT DIVISION Wif Miller TITLE. SKETCH AND DESCRIPTION BEING PART OF LOT 5, BLOCK 230, f km" • &Owm • Embo * • Svwywo • L&Ww Ax Arditecte • Trwportetbn comwants GOLDEN GA TE CITY UNI T 7, PLAT BOOK 5, PAGES 135 -146, WdsonMlder, Inc. COLLIER COUNTY, FLORIDA wpy, . ma *, y" , UNA , g,. Trop DATE: PROJECT NO,: I SHEET NUMBER: FILE NO.: wo &* tent a* 2w • r* twl 30 • titan "'w" • ry "40-9v • webs@ www odd on 04 ,12002 1 N6022— 002— 010 — TDHWP 1 126 OF xxx 20G -203 Jul 11, 2002 — 08: 58:45 JNAPIERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s126,dwg 25 �� 3 a � C) 0 25 30 100 200 a b GRAPHIC SCALE 24 PROPOSED °' a R. 0. W. 0) � 23 I w� ~] GOLDEN GA FE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134 I 22 5 I 55TH STREET SOUTHWEST 125.07' (PLAT L2 21 �l Ot• a E SIM TAKING 20 618 ARfFET LINE TABLE ti RADIUSP2406.53' (RADIAL) Line Bearing Distance ARC= 27, 89' 125.00' (PLAT) L 1 BL OCK 219 L 1 S. 02 45'05 E 14.36' 1 GOLDEN GATE CITY UNIT 6, L2 N 00 *07'35 "W. 28.30' B. PLAT BOOK 5, PAGES 124 -134 L3 N.8878'37 "E. 93.22' N. E. CORNER 7 OF OT 6 CURVE TABLE NO. RADIUS DEL TA ARC TANGENT CHORD CHORD BEARING 8 1 2016.00' 0377'17 "121.55' 60.80' 121.54' S 8134'11 "W. 2 2281.53'00'J9'50'26.44' 13.22' 26.44' N.8734'50 "E. LEGAL DESCR/P110N ALL THAT PART OF LOT 6, BLOCK 230, GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6; THENCE ALONG THE EAST LINE OF SAID LOT 6 SOUTH 02 45'05" EAST 14.36 FEET, THENCE LEAVING SAID EAST LOT LINE SOUTHWESTERLY 121.55 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCH VE NOR THERL Y HA VING A RADIUS OF 2,016. 00 FEET THROUGH A CENTRAL ANGLE OF 03 27'17" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 81'J4'11" WEST 121.54 FEET; THENCE ALONG THE WEST LINE OF SAID LOT 6 NORTH 00'07'35" WEST 28.30 FEE T. THENCE ALONG THE NORTH LINE OF SAID LOT 6 NORTH 88'18'37" EAST 93.22 FEET; THENCE CONTINUING ALONG SAID NORTH LOT LINE NORTHEASTERLY 26.44 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2,281.53 FEET THROUGH A CENTRAL ANGLE OF 00:39'50" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 8734'50" EAST 26.44 FEET TO THE POINT OF BEGINNING. CONTAINING 2,618 SQUARE FEET MORE OR LESS, EXHIBIT SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. Pne2 L Of * ** NOT A SURVEY : ** Q? PREPARED BY- WILSONM , INC. PARCEL NO._1_____ LEGEND: PROPOSED R. 0. W. LANA.ZlV6KR, P OFE AL SURVEYOR & MAPPER R.O.W. = RIGHT OF WAY FLORIDA REGISTRA LS 15627 P.O.B. = POINT OF BEGINNING NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEA04GS ARE HASEO av NORW SEALED WITH THE SURVEYORS EMBOSSED SEAL. APX5WWNTASr�W FLAW c°'Taae�IMrE CERFIFICATE OF AUTHORIZATION ,/ LB -43 SYSTEM (&W) FOR FLORIDA EAST Za+t PROJECT NO.: 62081 1 PARCEL NO.: 127 CLIENT: COMER COUNTY TRANSPORTATION. ""'�'.-RLAOLOC R ENGINEERING do CONSTRUCTION MANAGEMENT DIWSION wilsolomiller TITS. SKETCH AND L DESCRIPTION BEING PART OF LOT 6, BLOCK 230, PNmx. • &Own • Ecolooa • Swwynn • LvWwA. Ard*octo • TrwaWaim Ca "anto GOLDEN GATE CI FY UNIT 7, PLAT BOOK 5, PAGES 135 -146, Inc. OLLIER COUNTY, FLORIDA MborilUiYer, In f42W , Faf*wv • &In* . B . Tww DATE: PROJECT NO.: SHEET NUMBER: I FILE NO.: �ooersyL�IAaa.suo• oaar++alo wreama N— So.www'd.com 0412002 N6022- 002 - 010 -TDHKP 1 127 of xxx I 2GG -203 Jul 11, 2002 — 08:58:57 JNAPIERjK \SUR \N6022 \Sketcn Of Descriptions \Submitted \299203sl27.dwg QI I — ow 65 ' — I X VU •. 25 a 0 25 so too zoo Z b GRAPHIC SCALE 24 PROPOSED a % R. 0. W.' c '� 4 a BLOCK 228 23 w 19 GOLDEN GA TE CITY UNIT 6, PL AT BOOK 5, PAGES 124 -134 I 22 5 I 55TH STREET SOUTHWEST 21 I 6 Pa 0•B• GOLDEN GATE CITY UNIT 6, 20 ` N. W. CORNER PLAT BOOK OF LOT 7 5, PAGES 124 -134 125.00' (PLAT) L 1 L INE TA BL E (RADIAL) Line Bearing Distance N L 1 N. 02 45'05 "W. 14.36' 9 (PLA T) 7 E SIM LE TAKING RADIUS= 2406.53' 778 FEET ARC = 124.93' CUR VE TA BL E (RADIAL) NO. RADIUS DELTA ARC TANGENT CHORD CHORD BEARING 18 125.00' (PLA T) 1 2281.53' 02 41'35" 107.24' 53.63' 107.23' N.85 54'08'E 2 2016.00' 03 05'05" 108.53' 54.28' 108.52' S 78'18'01 "W. LEGAL DESCRIPTION ALL THAT PART OF LOT 7, BLOCK 230, GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7, THENCE ALONG THE NORTH LINE OF SAID TRACT 7 NORTHEASTERLY 10724 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2,281.51 FEET THROUGH A CENTRAL ANGLE OF 0241'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 85'54'08" EAST 10723 FEET,• THENCE SOUTHWESTERLY 108.53 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2,016.00 FEET THROUGH A CENTRAL ANGLE OF 03 05'05" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 78'18'01 " WEST 108.52 FEET TO THE WEST LINE OF SAID LOT 7; THENCE ALONG SAID WEST LOT LINE NORTH 02 45'05" WEST 14.36 FEET TO THE POINT OF BEGINNING. CONTAINING 776 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT NOT A SURW 'ARCEL PREPARED BY' OLSONMUM, INC LEGEND: %"/ PROPOSED R. O. W. R.O.W. = RIGHT OF WAY LANG R, P OFE AL SURVEYOR & MAPPER P.O.B. =POINT OF BEGINNING FLORIDA REG/STRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEAR04S ARE BASED CIN NWTH SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. A"'"Si� N? SA7�X%AAW coaRTaH°ArE CERFIFICATE OF AUTHORIZATION I LB -43 SWEM (M) FOR naWA fASr 8WE PROJECT NO.: 62081 1 PARCEL NO. 128 CLIENT; COWER COUNTY TRANSPARTA710N• AWAWk-aLULC -C°°°' ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION wilonmiller TITLE: SKETCH PAR AND DESCRIPno3 BEING PART OF LOT 7, BLOCK 230, PMrrtara • &G*w ra • Ecoboto • &rwyws • Lanoww Ard�1" • Trarupodatlon Ca"wis GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146, Wbonyier, hc COLLIER COUNTY, FLORIDA FKfwn , as" , &wx*1, rMy DATE: PROJECT NO.; SHEET NUMBER: FILE NO.: XWaNyL&%a&0• *^�a�nr•Phoneraa 41- "•Fw a►aHM•IotanViiil r.«� 0412002 N6022 -002- 010 -TDHwP 128 OF xxx 2GG -203 Jul 11, 2002 — 08: 59:09 6022 \Sketch Of Descriptions \Submitted \2gg203s128.dwg i P.O.C. INTERSECTION OF CENTERLINE OF GOLDEN EAST LINE OF SECTION 29 28 a 27 f — -__ I PROPOSED R. 0. W. 2 26 25 � � 3 24 I 1 i BLOCK 230 GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135 -146 EAST LINE OF SECTION 29 N. 00 X7,35 "W 91.87' �a rn� ,D a a� �2 A I `'L.o EXISTING 53' SANTA BARBARA / FOR R.O W. L I GOLDEN GATE UNIT 6, --e BOULEVARD PLAT BOOK 5, PAGES 124 -134 ti �– P.O.B. b ab FEE SIMPLE TAKING -- 335 SQUARE FiFT BLOCK 228 GOLDEN GA TE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 CUR VE NO. RADIUS DEL TA ARC 1 81.00' 462652" 65.66' 2 25.00' 91 J3'48" 39.95' EXHIBIT Paw-2L 0�f� LINE TABLE Line Bearing Distance L 1 N. 89 52 25 E 53.00' L2 S 88'18 37 "W. 33.50' TABLE TANGENT CHORD CHORD BEARING 34.76' 6388' S 67 59'04 E. 25.69' 35.83' N. 45 54'29 "W. LEGAL DESCR /PT/Q�( ALL THA T PART OF BLOCK 228, GOLDEN GA TE Cl TY UNI T 6, PLA T BOOK 5, PAGE 124 -134, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF GOLDEN GATE PARKWAY AND THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG SAID SECTION LINE NORTH 00'07'35" WEST 91.87 FEET, THENCE L EA VING SAID LINE NORTH 89152,25" EAST 5300 FEET TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY 65.66 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 81.00 FEET THROUGH A CENTRAL ANGLE OF 462652" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 6759'04" EAST 6388 FEET TO THE SOUTH LINE OF SAID LOT BLOCK 228; THENCE ALONG SAID SOUTH LOT LINE SOUTH 88'18'37" WEST 33.50 FEET; THENCE NORTHWESTERLY 39.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 913348" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 455429" WEST 35.83 FEET TO THE POINT OF BEGINNING, CONTAINING 335 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY # *# PREPARED BY WILSONMI IN LANG T R, PfOFUWffAL SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 PARCEL NO._______ 0 25 50 100 200 GRAPHIC SCALE LEGEND: PROPOSED R. 0, W. R. 0. W. = RIGHT OF WAY P.O. B. = POINT OF BEGINNING P. 0. C. = POINT OF COMMENCEMENT NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEA"05 ARE BASED ON NORTN SEALED WITH THE SURVEYORS EMBOSSED SEAL. ,ADJUSTM`iEN°i�STA)rtit�'CCOORDN Ir CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (M) FOR FtaWL1A EAST ZWE. PROJECT NO.: 62081 1 PARCEL NO.; 129 CLIENT: COLLIER COUNTY TRANSPORTATION, "�"'r"° m'°"°°°°°°° ENGINEERING do CONSTRUCTION MANAGEMENT DIVISION Wl Miller TITLE: SKETCH OF DESCRIPnav BEING PART OF BLOCK 228, PYrnx• • En hwa • lcooloofr • &rveya, • Landw"ArchNeob • TrerwporfaknComAgnfs GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134, NMeorAmer, 6Ja COLLIER COUNTY, FLORIDA A4* , ftiA4w , svrwh , &uWft ,1Np DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: aaoo &+rr LAM ara So • Ako% � 3 • Fnau sJU�e0-" • Far area -M • kb0s mKidnxraam 04/2002 N6022- 002- 010 - TDHWP 1 129 OF XXX 2GG -203 May 10, 2004 — 14:57:60 LMILLERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s12g.dwg EXISTING 53' EASEMENT °o A0.C. `FOR R. 0. W. PURPOSES N E. CORNER \ (PER PLAT) OF TRACT 112 EAST LINE OF SANTA BA BARA BOULEVARD GOLDEN GA TE UNIT 6, SECTION 29 PLAT BOOK 5, PAGES 124 -134 LEGAL DESCR/PliOK SEE SHEET I30A PREPARED BK WILSONMI INC. LANC T R, P*OFE PXAL SURVEYOR It MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED Wl TH THE SURVEYOR'S EMBOSSED SEAL, CERFIFICATE OF AUTHORIZATION I LB -43 PARCEL N01- BEARINGS ARE BASED ON AORTN AMERICAN DATIW (NA.D) 198!-1990 ADAISTMENT STAR PLANE COORDINATE SYSTEM (GRID) rOR FLORIDA EAST ZONE. NOT A SURVEY * ** LEGEND: N. 0078'36 "W. » . li 9.16' R. 0. W. EASEMENT � • = RIGHT OF WA Y P.O.B. = POINT OF BEGINNING P.O.C. 350.00' (PLAT) O.R.B. �—�� so 100 zoo 50' _ 50' o zs GRAPHIC SCALE EXHIBIT !'I I > Pawl of �o bo GOLDEN GATE ES TA TES UN/ T 30, r52 PLAT BOOK 7, PAGES 58 I �2 �2 ~ ry 1l ~ r v LN V �a �O Op v Q I 112 ti I A N PROPOSE7D PERPETUAL, NON- DauiVE ROAD o < R.QW., DRAINAGE, AND I Cj Do o < UALITY EASEMENT b 24450 SQUARE FaT °1 a r a ti r a PROPOSED R. 0. W. EASEMENT N. 00'07'35 "W. 17588 Z Co _ � w a S 0007 35'E 27750' hT' PAGES 138246384 \E R. O. W.. EASEMENT \ P.O.B. EXISTING 53' EASEMENT °o A0.C. `FOR R. 0. W. PURPOSES N E. CORNER \ (PER PLAT) OF TRACT 112 EAST LINE OF SANTA BA BARA BOULEVARD GOLDEN GA TE UNIT 6, SECTION 29 PLAT BOOK 5, PAGES 124 -134 LEGAL DESCR/PliOK SEE SHEET I30A PREPARED BK WILSONMI INC. LANC T R, P*OFE PXAL SURVEYOR It MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED Wl TH THE SURVEYOR'S EMBOSSED SEAL, CERFIFICATE OF AUTHORIZATION I LB -43 PARCEL N01- BEARINGS ARE BASED ON AORTN AMERICAN DATIW (NA.D) 198!-1990 ADAISTMENT STAR PLANE COORDINATE SYSTEM (GRID) rOR FLORIDA EAST ZONE. NOT A SURVEY * ** LEGEND: PROJECT NO.: 62081 1 PARCEL NO.: 130 CLIENT: COW D? COUNTY I!{ANSPOR TA 170N. ..-h¢ - RItILf CWODO ENGINEERING do CONSTRUCTION MANAGEMENT DIVISION tails BEING PART Miller TITLE: S DESCRIPTION BEING OF TRACT 112, Rwywa • Engheere - EcobgWs - &rwyon - Lwdoc"ArcMecte • TranepodaGmCw"Anfe GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, meonmuler, Ina COLLIER COUNTY, FLORIDA - Fvlow - &Y11de , &ad* -& , 7" DATE: PROJECT NO.: SHEET NUMBER; I FILE NO.: UM 91ft LerA suae 2W - NA* RWia =-W • rte M40-" - Fw 94HO -6-e - W.o-aae WWIKWX mk.C= 0412002 N6022— 002— 010 — TDHWP 1 130 of XXX 2GG -2G.3 Nov 13. 2002 — 11:29:03 LMILLERIX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s130,dwg EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WA Y P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R.B. = OFFICIAL RECORDS BOOK PROJECT NO.: 62081 1 PARCEL NO.: 130 CLIENT: COW D? COUNTY I!{ANSPOR TA 170N. ..-h¢ - RItILf CWODO ENGINEERING do CONSTRUCTION MANAGEMENT DIVISION tails BEING PART Miller TITLE: S DESCRIPTION BEING OF TRACT 112, Rwywa • Engheere - EcobgWs - &rwyon - Lwdoc"ArcMecte • TranepodaGmCw"Anfe GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, meonmuler, Ina COLLIER COUNTY, FLORIDA - Fvlow - &Y11de , &ad* -& , 7" DATE: PROJECT NO.: SHEET NUMBER; I FILE NO.: UM 91ft LerA suae 2W - NA* RWia =-W • rte M40-" - Fw 94HO -6-e - W.o-aae WWIKWX mk.C= 0412002 N6022— 002— 010 — TDHWP 1 130 of XXX 2GG -2G.3 Nov 13. 2002 — 11:29:03 LMILLERIX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s130,dwg a a pal EXHIBIT Page of IkI ALL THA T PART OF TRACT 112, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 112, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 893151" WEST 97.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH TRACT LINE SOUTH 00 07'35" EAST 277.50 FEET; THENCE SOUTH 89;3151" WEST 752.42 FEET TO THE WEST LINE OF SAID TRACT' THENCE ALONG SAID WEST TRACT LINE NORTH 0078'36" WEST 9.16 FEET; THENCE LEAVING SAID WEST TRACT LINE NORTH 89:31'37" EAST 618.02 FEET- THENCE NORTH 35 04'00" EAST 11357 FEET- THENCE NORTH 00 0735 " WEST 175.88 FEET TO THE NORTH LINE OF SAID TRACT; THENCE ALONG SAID NORTH TRACT LINE NORTH 893151 " EAST 69.00 FEET TO THE POINT OF BEGINNING. CONTAINING 28,450 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. PARCEL NO. 9 PREPARED BY- WfONUOf4, INC. LANG T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORW AMERICAN DATUM (KA.D) 1940J-1990 SEALED W1 TH THE SURVEYORS EMBOSSED SEAL. ADJUSTMENT STATE PitANE CDDRDNATE NOT A I CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (GRID) FOR naWA EAST ZONE. # ## tSUR ri L # ## PROJECT NO.: 62081 PARCEL NO. : 130 CLIENT: COLDER COUNTY 7RANSPORTA770N, �°'�'� a "�°°°°° ENGINEERING & CONSTRUC77ON MANAGEMENT DIVISION W/I n1 HIIIer TITLE. LEGAL. DESCRIP71oN BEING PART OF TRACT 112, Pkmws • &&nets • Ecokipto • Stmycre • LandreapeArddtectr • TrumporlatbnConsuftank GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, fton Yer Inc COLLIER COUNTY, FLORIDA AWAW • FcH*m • 9vuofs • &&d Wm • Ts1 pi DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 9200W Lw4 a"200 • &* Pad ser�07 • ftm 9414"M • Fu wt-e ,VN • Web -Site eea4wintam%can 04/2002 1 N6022-002-010– TDHWP I 130A OF XXX 2GG -20J Nov 13, 2002 — 11:39:34 LMILLERIX: \SUR \N6022\Sket ch Of Descriptions \Submitted \2gg203s130A.dwg 112 330.00' j (PLAT) 111.1 SOU TH 150' OF TRACT 111 NORTH 180' OF TRACT 111 PR PERPETUAL, N IXCLUS W ROAD R.O.., DRAINAGE', AND /—U Urr EASEMENT I FUr N. 00-07'35"W N. 0075' 0 "W. 9949' :50.32' z Gj \\ P.0 B. \\, V S.E. CORNER OF TRACT J I1 N v a SANTA 27TH COURT S. W. 110 weal p w ,f V 6P66___--28 SO 100 0 GRAPHIC SCALE 110.1 GOLDEN GATE 4STATES UNIT 30, PLAT BOOK 17, PAGES 58 1. EASEMENT EXISTING 53' ASEMENT/ FOR R. 0. W. P RPOSES EAST LINE OF SECTIO 29 (PER PL T) BARBARA BOULEVARD GOLDEN GATE UNIT 6, c„ i PLAT BOOK 5, PAGES 124 -134 `"=1 LEGAL DESCRIPTION ALL FHA T PART OF THE SOUTH 150' OF TRACT 111, GOLDEN GA TE ESTA TES UN/ T 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 111, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89,J)"51" WEST 9700 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 893151" WEST 69.00 FEET; THENCE LEAVING SAID SOUTH TRACT LINE NORTH 0007'35" WEST 99.69 FEET, THENCE NORTH 00'15'20" WEST 50.32 FEET; THENCE NORTH 89 31 51 " EAST 82.04 FEET; THENCE SOUTH 04 47'48" WEST 150.64 FEET TO THE POINT OF BEGINNING. CONTAINING 11,J28 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A SURVEY * ** PREPARED BY: WSONMpay, INC. r--)6 i''I LANC&L24eR, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRAM LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION I LB -43 NO.: PARCEL NO.: EXHIBIT- pege' � �- ?ARCEL NO._�,�� BEAROVOS ARE BASED aV NYt1H AMERICAN DATUM (NA.0 l9BJ -1990 AUSTMENT S1A►f PLANE CODRAWAIF SYSTEM (GRID) FOR FLORIOA EAST ZW.. wilonmitter' �.. Purgers • Erahows • Ecofopkfe • &rveyors • Landecape Arddfech • Trelleporbf0m Consudanfe WbonWder, Inc, Nrpw • Fwf Um • &ruda • Bddwdm • Tmw 3207 Beier LMw, SL'le 200 • Ak*A ROW 94106.8507 • Phone 941 -W4040 • Fu A/1-BA7-X% • We6,91e swwaiamYW.wn LEGEND: 12 EXISTING ADDITIONAL R. 0. W. EASEMENT o ? 0. R. B. 1953, 64 ,,,r PAGES 428-4,30 SANTA 27TH COURT S. W. 110 weal p w ,f V 6P66___--28 SO 100 0 GRAPHIC SCALE 110.1 GOLDEN GATE 4STATES UNIT 30, PLAT BOOK 17, PAGES 58 1. EASEMENT EXISTING 53' ASEMENT/ FOR R. 0. W. P RPOSES EAST LINE OF SECTIO 29 (PER PL T) BARBARA BOULEVARD GOLDEN GATE UNIT 6, c„ i PLAT BOOK 5, PAGES 124 -134 `"=1 LEGAL DESCRIPTION ALL FHA T PART OF THE SOUTH 150' OF TRACT 111, GOLDEN GA TE ESTA TES UN/ T 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 111, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 89,J)"51" WEST 9700 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 893151" WEST 69.00 FEET; THENCE LEAVING SAID SOUTH TRACT LINE NORTH 0007'35" WEST 99.69 FEET, THENCE NORTH 00'15'20" WEST 50.32 FEET; THENCE NORTH 89 31 51 " EAST 82.04 FEET; THENCE SOUTH 04 47'48" WEST 150.64 FEET TO THE POINT OF BEGINNING. CONTAINING 11,J28 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A SURVEY * ** PREPARED BY: WSONMpay, INC. r--)6 i''I LANC&L24eR, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRAM LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION I LB -43 NO.: PARCEL NO.: EXHIBIT- pege' � �- ?ARCEL NO._�,�� BEAROVOS ARE BASED aV NYt1H AMERICAN DATUM (NA.0 l9BJ -1990 AUSTMENT S1A►f PLANE CODRAWAIF SYSTEM (GRID) FOR FLORIOA EAST ZW.. wilonmitter' �.. Purgers • Erahows • Ecofopkfe • &rveyors • Landecape Arddfech • Trelleporbf0m Consudanfe WbonWder, Inc, Nrpw • Fwf Um • &ruda • Bddwdm • Tmw 3207 Beier LMw, SL'le 200 • Ak*A ROW 94106.8507 • Phone 941 -W4040 • Fu A/1-BA7-X% • We6,91e swwaiamYW.wn LEGEND: ` "': COUIER COUNTY TRANSPORTA710N, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 150' OF TRACT 111, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA TE: PROJECT NO.: I SHEET NUMBER: FILE NO.: 0412002 N6022- 002 - 010 -TOHIMP 1 131 OF XXX I 2GG -20 Nov 13, 2002 — 11:40:28 L.MILLERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s131,dw9 EXISTING R. 0. W. EASEMENT PRPOSED R.O.W. EASEMENT R, D. W. = RIGHT OF WAY P. O. B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R.B. = OFFICIAL RECORDS BOOK ` "': COUIER COUNTY TRANSPORTA710N, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 150' OF TRACT 111, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA TE: PROJECT NO.: I SHEET NUMBER: FILE NO.: 0412002 N6022- 002 - 010 -TOHIMP 1 131 OF XXX I 2GG -20 Nov 13, 2002 — 11:40:28 L.MILLERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s131,dw9 112 330.00' 1 (PLAT) SOU TH 150' OF TRACT 111 PROPOW a NON -EXAL! R. O. K DRA UTILITY E 14m Sol 111 NOR TH 180' OF TRACT 111 EAST j LINE OF SECTION 29 � SANTA 27TH COURT S. W. ti EXISTING DOfT10NAL a a R. 0. W. SEMEN T VENT 0. R. B. PAGES 1953, 28 -430 v on EAST j LINE OF SECTION 29 � SANTA 27TH COURT S. W. L - 1, SO44748 "W, j8076' 'aeia 110 0 25 50 100 200 GRAPHIC SCALE 110.1 GOLDEN GA TE $S TA TES UNIT 30, PL T BOOK 17, PAGES 58 Z W v; "' ,-- P.O.B. rn �' N.E. CORNER � OF TRACT 111 R. 0, EA SEMEN T TING 53' EASEMENT R. 0. W. PURPOSES (PER PLAT) BARBARA BO ULEVARD GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134 LEGAL DESCR/P ON ALL THA T PART OF THE NORTH 180' OF TRACT 111, GOLDEN GATE ES TA TES UNIT 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 111, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'31 51 " WEST 68.04 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH TRACT LINE SOUTH 04 47'48" WEST 180.76 FEET- THENCE SOUTH 89'3151" WEST 82.04 FEET, THENCE NORTH 00.15'20" WEST 180.00 FEET TO THE NORTH LINE OF SAID TRACT- THENCE ALONG SAID NORTH TRACT LINE NORTH 89.3151" EAST 97.96 FEET TO THE POINT OF BEGINNING, CONTAINING 16,200 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A :SURVEY PREPARED BY- WILSONM 1, INC. le—al , I j I LANC T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGISFRAffM LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORTH SEALED WITH THE SURVEYORS EMBOSSED SEAL, AMERICAN D roi�s�r(N.A. �� aoR'DW�rE CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (GRID) FOR FLORIDA EAST IONS. 10JECT NO.: 62081 I PARCEL NO.: 132 k. . Rik #Lr,_c e wilosimiller PAwws • ftheen • Ecwbp to • Swvoyars • Lmdecaps ArcNLecb • Tnneportaf(on Consultants WhonMdler, Inc. N*W • Fed *m • SmOt • tip • Tvp 5100 &by Lw* Bib 200 • Nepbs, l bi* MO-B507.11" 9"d- 1010 • Fu 90643-5716 • Web-B1s wrs M MTAWam EXH IB 4 pARCEL NO.= LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WAY P.O.B. = POINT OF BEGINNING P,O.0 = POINT OF COMMENCEMENT O.R.B. = OFFICIAL RECORDS BOOK ENT: COWER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUCTION MANAGEMENT DI MON .E: SKETCH AND DESCMP77ON BEING PART OF THE NORTH 180' OF TRACT 111, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA 0412002 I N6022- 002 - 010 —TDHWP I 132 OF XXX Nov 13, 2002 — 11:42:10 LMILLER�K \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203sl32.dwq ti IIETUALe ROAD a C AND VENT FEET L - 1, SO44748 "W, j8076' 'aeia 110 0 25 50 100 200 GRAPHIC SCALE 110.1 GOLDEN GA TE $S TA TES UNIT 30, PL T BOOK 17, PAGES 58 Z W v; "' ,-- P.O.B. rn �' N.E. CORNER � OF TRACT 111 R. 0, EA SEMEN T TING 53' EASEMENT R. 0. W. PURPOSES (PER PLAT) BARBARA BO ULEVARD GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134 LEGAL DESCR/P ON ALL THA T PART OF THE NORTH 180' OF TRACT 111, GOLDEN GATE ES TA TES UNIT 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 111, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'31 51 " WEST 68.04 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH TRACT LINE SOUTH 04 47'48" WEST 180.76 FEET- THENCE SOUTH 89'3151" WEST 82.04 FEET, THENCE NORTH 00.15'20" WEST 180.00 FEET TO THE NORTH LINE OF SAID TRACT- THENCE ALONG SAID NORTH TRACT LINE NORTH 89.3151" EAST 97.96 FEET TO THE POINT OF BEGINNING, CONTAINING 16,200 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A :SURVEY PREPARED BY- WILSONM 1, INC. le—al , I j I LANC T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGISFRAffM LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORTH SEALED WITH THE SURVEYORS EMBOSSED SEAL, AMERICAN D roi�s�r(N.A. �� aoR'DW�rE CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (GRID) FOR FLORIDA EAST IONS. 10JECT NO.: 62081 I PARCEL NO.: 132 k. . Rik #Lr,_c e wilosimiller PAwws • ftheen • Ecwbp to • Swvoyars • Lmdecaps ArcNLecb • Tnneportaf(on Consultants WhonMdler, Inc. N*W • Fed *m • SmOt • tip • Tvp 5100 &by Lw* Bib 200 • Nepbs, l bi* MO-B507.11" 9"d- 1010 • Fu 90643-5716 • Web-B1s wrs M MTAWam EXH IB 4 pARCEL NO.= LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WAY P.O.B. = POINT OF BEGINNING P,O.0 = POINT OF COMMENCEMENT O.R.B. = OFFICIAL RECORDS BOOK ENT: COWER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUCTION MANAGEMENT DI MON .E: SKETCH AND DESCMP77ON BEING PART OF THE NORTH 180' OF TRACT 111, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA 0412002 I N6022- 002 - 010 —TDHWP I 132 OF XXX Nov 13, 2002 — 11:42:10 LMILLER�K \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203sl32.dwq BUT 330.00' 1 (PLAT) ��r ��Q mm�0�� s 00'1 Z-p. 0.C. S E. CORNER 1 OF TRACT 110 U 1 0 zS 90 100 zoo GRAPHIC SCALE GOLDEN GA TE ES TA TES UN/ T 30, PLAT BOOK 7, PAGES 58 109.1 R. 0. W. 109 SEMEN C y � I� i80.00' EXISTING 53' EASEMENT/ FOR R. 0. W. PURPOSES EAST LINE OF ECTION 29 (PER PL T) SANTA BARBARA BOULEVARD GOLDEN GA TE UN/ T 6, v, PLAT BOOK 5, PAGES 124 -134 2 3 i 4 I 5 6 7 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 BLOCK 226 LEGAL DESCRIPTION ALL THAT PART OF THE SOUTH 180 FEET OF TRACT 110, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 110, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG SOUTH LINE OF SAID TRACT 110 SOUTH 89 31 51 " WEST 53.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 893151" WEST 11300 FEET; THENCE LEAVING SAID SOUTH TRACT LINE NORTH 00'15'20" WEST 6.27 FEET- THENCE NOR THERL Y 173.84 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERL Y HAVING A RADIUS OF J,097.00 FEET THROUGH A CENTRAL ANGLE OF 03'12'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 0121'09" EAST 173.82 FEET - THENCE NORTH 8931 51 " EAST 108.12 FEET; THENCE SOUTH 00'15'19" EAST 180.00 FEET TO THE POINT OF BEGINNING. CONTAINING 20,058 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A i SURVEY * ** PREPARED BY MLSONMI INC. CURVE NUMBER 1 RADIUS= 309700 DEL TA= 03'12'58 ARC= 173.84 TANGENT= 86.94 CHORD= 173.82 CHORD BRG. N 0121 '09 E. LANCR, 'P OFE �AL SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORTH SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. AAMERICAN YWN srATC PL NE CO3O�OrJ9 AATr C£RFIFICATE OF AUTHORIZATION / L8 -43 SYSTEM (GRID) rOR nawA CAST IONS. iOJECT NO.: 62081 PARCEL NO.: 133 es.a..; rK - n. Lke LCOa00 wil.volmiller IV—* • fti-8 • Ecdbpiets • Surveyors • Landsi Archleeb • Tranaporfafion ConaWlrnla MsonWsr, Inc. Naples • Foil *a • WWII • 9ader4m • Tup M W LvA Me AV • AE;* Aside MX- 8507 • fto 0"0 4010 • Fu llfFl/3-5718 • web o wry wwr&r cam EXHIBIT Page, of PARCEL NO.= LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W, EASEMENT R, 0. W, = RIGHT OF WAY P.O. 8, = POINT OF BEGINNING P. 0. C. = POINT OF COMMENCEMENT LNI: COWER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIMON .E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 110, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA fE: PROJECT NO.: SHEET NUMBER: FILE NO,: 0412002 N6022- 002 - 010 —TDHWP 1 133 OF XXX 2GG-26 Nov 13, 2002 — 11: 43:47 LMiLLERIX: \SUR \N6022 \Sketch Of Descript ion s \Suomllted \2gg203s133.owg 110 110.1 SOU TH 180' NOR TH 150' OF TRACT 110 OF TRACT 116 N PROIP PERPEWA4 IN —EX US/VE ROAD R.O.W., AINAGE AND .zi UUEU EASEMENT �- 15'20"W x4058 FEET 27' ��r ��Q mm�0�� s 00'1 Z-p. 0.C. S E. CORNER 1 OF TRACT 110 U 1 0 zS 90 100 zoo GRAPHIC SCALE GOLDEN GA TE ES TA TES UN/ T 30, PLAT BOOK 7, PAGES 58 109.1 R. 0. W. 109 SEMEN C y � I� i80.00' EXISTING 53' EASEMENT/ FOR R. 0. W. PURPOSES EAST LINE OF ECTION 29 (PER PL T) SANTA BARBARA BOULEVARD GOLDEN GA TE UN/ T 6, v, PLAT BOOK 5, PAGES 124 -134 2 3 i 4 I 5 6 7 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 BLOCK 226 LEGAL DESCRIPTION ALL THAT PART OF THE SOUTH 180 FEET OF TRACT 110, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 110, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG SOUTH LINE OF SAID TRACT 110 SOUTH 89 31 51 " WEST 53.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 893151" WEST 11300 FEET; THENCE LEAVING SAID SOUTH TRACT LINE NORTH 00'15'20" WEST 6.27 FEET- THENCE NOR THERL Y 173.84 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERL Y HAVING A RADIUS OF J,097.00 FEET THROUGH A CENTRAL ANGLE OF 03'12'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 0121'09" EAST 173.82 FEET - THENCE NORTH 8931 51 " EAST 108.12 FEET; THENCE SOUTH 00'15'19" EAST 180.00 FEET TO THE POINT OF BEGINNING. CONTAINING 20,058 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A i SURVEY * ** PREPARED BY MLSONMI INC. CURVE NUMBER 1 RADIUS= 309700 DEL TA= 03'12'58 ARC= 173.84 TANGENT= 86.94 CHORD= 173.82 CHORD BRG. N 0121 '09 E. LANCR, 'P OFE �AL SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORTH SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. AAMERICAN YWN srATC PL NE CO3O�OrJ9 AATr C£RFIFICATE OF AUTHORIZATION / L8 -43 SYSTEM (GRID) rOR nawA CAST IONS. iOJECT NO.: 62081 PARCEL NO.: 133 es.a..; rK - n. Lke LCOa00 wil.volmiller IV—* • fti-8 • Ecdbpiets • Surveyors • Landsi Archleeb • Tranaporfafion ConaWlrnla MsonWsr, Inc. Naples • Foil *a • WWII • 9ader4m • Tup M W LvA Me AV • AE;* Aside MX- 8507 • fto 0"0 4010 • Fu llfFl/3-5718 • web o wry wwr&r cam EXHIBIT Page, of PARCEL NO.= LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W, EASEMENT R, 0. W, = RIGHT OF WAY P.O. 8, = POINT OF BEGINNING P. 0. C. = POINT OF COMMENCEMENT LNI: COWER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIMON .E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 110, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA fE: PROJECT NO.: SHEET NUMBER: FILE NO,: 0412002 N6022- 002 - 010 —TDHWP 1 133 OF XXX 2GG-26 Nov 13, 2002 — 11: 43:47 LMiLLERIX: \SUR \N6022 \Sketch Of Descript ion s \Suomllted \2gg203s133.owg 330.00' (PLAT) OL L) d 0 YS 50 too 200 GRAPHIC SCALE SANTA BARBARA BOULEVARD P.O.C. GOLDEN GA TE UNIT 6, v, I N. E. CORNER PL T BOOK 5, PAGES 124 -134 OF TRACT 110 1 2 1 3 1 4 1 5 6 11 7 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 BLOCK 226 LEGAL DESCR/P110N ALL THA T PART OF THE NORTH 150 FEET OF TRACT 110, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 110, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'3151 " WEST 5300 FEET TO THE POINT OF BEGINNING; THENCE LEA VING SAID NORTH TRACT LINE SOUTH 00'15'19" EAST 150, 00 FEE T,• THENCE SOUTH 89:31 '51 " WEST 108.12 FEET- THENCE NOR THERL Y 123.57 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE £ASTERL Y HAVING A RADIUS OF 3,09700 FEET THROUGH A CENTRAL ANGLE OF 02'17'10" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 04100J" EAST 123, 56 FEET- THENCE NORTH 18'32'13" EAST 28.38 FEET TO THE NORTH LINE OF SAID TRACT 110; THENCE ALONG SAID NORTH TRACT LINE NORTH 89;3151" EAST 89.59 FEET TO THE POINT OF BEGINNING, CONTAINING 15,J16 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A SURVEY * ## PREPARED BY- WILSONMIWV, INC. CURVE NUMBER 1 RADIUS= 309700 DELTA= 02'17'10" ARC= 123.57 TANGENT= 61.79 CHORD= 12356 CHORD BRG. N. 04 0673 E. LANCL` SWR, P OF�t f$,54WAL SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED OOV NO W SEALED WI TH THE SURVEYOR'S AMERICAN DATUM (N.A.0) 1983 -1990 EMBOSSED SEAL. ADAISTMENT STATE PLANE COORDINATE CERflfICATE OF AUTHORIZATION i LB -43 SYSTEM (GRID) rOR ROQIDA EAST ZONE. NO. : Planar, • &6*)Ovo • EccloyWfa • Swmyora • Landscape ArdWocfs • Traneporfalbn Comunanla WbonWor, Inc. Nrpbr • rafkyn • Snt* • &I&Am • Tarp Ml &by Lsm Me 200 • AW* AYW W-W • Am 91F6414M • Aw "-M • W&ft wwwWi*wkran EXHIBIT , PARCEL NO LEGEND: EXISTING R. 0, W. EASEMENT PROPOSED R. 0. W, EASEMENT R, 0. W. = RIGHT OF WA Y P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT `"': COWER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E` SKETCH AND DESCRIPTION BEING PART OF THE NORTH 150' OF TRACT 110, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA rE: PROJECT NO.: SHEET NUMBER: FILE NO.: 0412002 N6022- 002 -010— rDHWP 134 of XXX , 2GG -20 . TT. . �� . \ , , , , \ crui ui u c c r i N u an s \a u o nu t c e a \z g g WSi JV. awg 110 110. 1 GOLDEN GATE ES TA TES UNIT 30, SOU TH 180' NOR TH 150' PLAT BOOK 7, PAGES 58 OF TRACT 110 ;OF TRACT 110 ti v O y PROPOSED PERPEIU RO aUSW °°- 109.1 109 y 111 Nav- R.OW., OR/NA 0 UIIUTY EASEMENT 1A318 SQUAW FEET ov PROP SED <1) R. 0. W. E SEMEN T trj cN .� . S.00'15'19'£. 15,P!0, w P.D.B. EXISTING 53' EASEMENT FOR R. 0. W. PURPOSES EAS7 LINE OF SECTION 29 (PER PLAT) SANTA BARBARA BOULEVARD P.O.C. GOLDEN GA TE UNIT 6, v, I N. E. CORNER PL T BOOK 5, PAGES 124 -134 OF TRACT 110 1 2 1 3 1 4 1 5 6 11 7 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 BLOCK 226 LEGAL DESCR/P110N ALL THA T PART OF THE NORTH 150 FEET OF TRACT 110, GOLDEN GA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 110, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'3151 " WEST 5300 FEET TO THE POINT OF BEGINNING; THENCE LEA VING SAID NORTH TRACT LINE SOUTH 00'15'19" EAST 150, 00 FEE T,• THENCE SOUTH 89:31 '51 " WEST 108.12 FEET- THENCE NOR THERL Y 123.57 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE £ASTERL Y HAVING A RADIUS OF 3,09700 FEET THROUGH A CENTRAL ANGLE OF 02'17'10" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 04100J" EAST 123, 56 FEET- THENCE NORTH 18'32'13" EAST 28.38 FEET TO THE NORTH LINE OF SAID TRACT 110; THENCE ALONG SAID NORTH TRACT LINE NORTH 89;3151" EAST 89.59 FEET TO THE POINT OF BEGINNING, CONTAINING 15,J16 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A SURVEY * ## PREPARED BY- WILSONMIWV, INC. CURVE NUMBER 1 RADIUS= 309700 DELTA= 02'17'10" ARC= 123.57 TANGENT= 61.79 CHORD= 12356 CHORD BRG. N. 04 0673 E. LANCL` SWR, P OF�t f$,54WAL SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED OOV NO W SEALED WI TH THE SURVEYOR'S AMERICAN DATUM (N.A.0) 1983 -1990 EMBOSSED SEAL. ADAISTMENT STATE PLANE COORDINATE CERflfICATE OF AUTHORIZATION i LB -43 SYSTEM (GRID) rOR ROQIDA EAST ZONE. NO. : Planar, • &6*)Ovo • EccloyWfa • Swmyora • Landscape ArdWocfs • Traneporfalbn Comunanla WbonWor, Inc. Nrpbr • rafkyn • Snt* • &I&Am • Tarp Ml &by Lsm Me 200 • AW* AYW W-W • Am 91F6414M • Aw "-M • W&ft wwwWi*wkran EXHIBIT , PARCEL NO LEGEND: EXISTING R. 0, W. EASEMENT PROPOSED R. 0. W, EASEMENT R, 0. W. = RIGHT OF WA Y P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT `"': COWER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E` SKETCH AND DESCRIPTION BEING PART OF THE NORTH 150' OF TRACT 110, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA rE: PROJECT NO.: SHEET NUMBER: FILE NO.: 0412002 N6022- 002 -010— rDHWP 134 of XXX , 2GG -20 . TT. . �� . \ , , , , \ crui ui u c c r i N u an s \a u o nu t c e a \z g g WSi JV. awg 330.00' (PLAT) 1 UH 110.1 109.1 109 108 o zs so GRAPHIC SCALE zoo �I SOU TH 150' NOR TH 180' F TRACT 109 OF TRACT 109 TRACT 108 REPLA T, PLAT BOOK 19, PAGE 54 GOLDEN GATE ETA TES UNIT 30, 89 PLAT BOOK 7, PAGE 58 v p c 2 `� PR PERPETUAL, NOVV lXUS W ROAD FOR R. 0.WNPURPOSES PER PLAT R.O.W. DRAINAGE, AND N �8 U TY EASEMENT y PROPOSED 14 7 t2 SOVAW FEET R. 0. W. EASEMENT z c w Leo N au S 00'15 20 E. 150.00' 14 EXISTING 53' EASEMENT P.0.8. EAST LINE OF S CT/ON 29 FOR PER PLA PURPOSES SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6, P.O.C. PLAT BOOK 5, PAGES 124 -134 �: I S E. CORNER TOF� ACT 109 5 6 7 8'�' GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 BLOCK 226 LEGAL OESC !R P110N ALL THA T PART OF THE SOUTH 150 FEET OF TRACT 109, GOLDEN GA T£ ES TA TES UN/ T 30, PL T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 109, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG SOUTH LINE OF SAID TRACT 109 SOUTH 89'31 51 " WEST 53. DO FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 893151 " WEST 89.59 FEET; THENCE LEAVING SAID SOUTH TRACT LINE NORTH 1832'13" EAST 59,52 FEET; THENCE NORTHERL Y 95 99 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2,96300 FEET THROUGH A CENTRAL ANGLE OF 0149'03" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 0351'57" EAST 9399 FEET,- THENCE NORTH 8931'51 " EAST 63.66 FEE T,- EXHIBIT-4 THENCE SOUTH 00'15'20" EAST 150.00 FEET TO THE POINT OF BEGINNING. , BI CONTAINING 10,762 SQUARE FEET MORE OR LESS. Page. of SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY CURVE NUMBER 1 PARCEL NO. Lf PREPARED BY.• WILSONMI INC. RADIUS= 2963.00 DELTA= 0149'03' LEGEND: ARC= 93.99 TANGENT= 4700 EXISTING CHORD= 93.99 R. 0, W. EA SEMEN l CHORD BRG. N. 03 51 '57 E. PROPOSED LANG T R, P OFE AL 'SURVEYOR &MAPPER R. 0. W, EASEMENT FLORIDA REGISTRAMN LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARPICS ARE BASCD ON NWDi R. 0. W. =RIGHT OF WA Y P.O.B. =POINT OF BEGINNING AMERICAN OATLM! (AI AD) 198.1- 1990 SEALED WITH THE SURVEYORS EMBOSSED SEAL, ADWSTMENT 5rATE PLANE COaMNA1E P.O.C. = POINT OF COMMENCEMENT CERFIFICA TE OF AUTHORIZA TION i LB-43 SYSTEM (GRID) MIT FLOWA EAST ZONE. PROJECT NO.: 62081 PARCEL N0. : 135 CLIENT: COWER COUNTY 7RAN90ORTA7 0N, '"'"" ENGINEERING & CONS7RUC710N MANAGEMENT DIVISION witonmill, r TITLE. SKETCH AND DESCRIP7 ON BEING PART OF THE SOUTH 150' OF TRACT 109, Plernsn • Erniaee e • Ecokows • swwyors • LuldeapsArchdocts • TmwportatbnConsuNants GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, WrlaonMWer, Inc. COLLIER COUNTY, FLORIDA M*W • Fildh6m • 3v&Wa • ihdrlan • Tmp DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: =Ve Lang M200 • hl d* PaW 34VS- 7 • gone WFe09- X • Fu tr4t-ea3 $V • Wah-ft wwwW ov a wm 0412002 N6022- 002- 010 - TDHWP 135 OF xxx 2GG -203 Jul 11, 2002 — 09:10:38 JNAPIERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s135.dwg .330.00' (PLAT) q q q q 108 l I 0 I 0 25 50 100 200 1 09.1 109 y GRAPHIC SCALE a SOU TH 150' NOR TH 180' F TRA C T 109 OF TRA C T 109 C IRA CT 108 REPLAT, PLAT BOOK 19, PAGE 54 GOLDEN GATE E TA TES UNIT 30, ° PLAT BOOK ,7, PAGE 58 O Z Cz PRUE'OSED TUAL, NOV—fxaUS! ROAD EXISTING 60' EASEMENT R.O.W., ORA/N G& AND FOR R.O. W. PURPOSES PER PLAT UTIUTY EA ENT PROPOSED g' 1 ot Fa7 R. 0. W. EA SEMEN T 02 35'47 'E �-- 37.31 ' z p.OeB. S. 00'1520 E. 150.00' EXISTING 53' EASEMENT EAST L1NE� OF SECTION 29 S � S o 15 o E. 180,00' /FOR PER PLA PURPOSES SANTA BARBARA BOULEVARD A0.C.-' GOLDEN GATE UNIT 6, 1 N- E. CORNER PL T BOOK 5, PAGES 124 -134 OF TRACT 109 5 6 I 7 8 4 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 BLOCK 226 a ova � y � � 1 LEGAL DESCRIPTION ALL FHA T PART OF THE NORTH 180 FEET OF TRACT 109, GOLDEN GA TE ES TA TES UNI T 30, PL T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 109, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION SOUTH 00'15'20 " EAST 180.00 FEET; THENCE LEAVING SAID EAST SECTION LINE SOUTH 8931 51 " WEST 5300 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 8931 51 " WEST 6366 FEET; THENCE NORTH 02 3547" EAST 3731 FEET. THENCE NORTHERLY 112.80 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2,963.00 FEET THROUGH A CENTRAL ANGLE OF 02'10'52" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 010842" EAST 112.79 FEET TO THE NORTH LINE OF SAID TRACT, THENCE ALONG SAID NORTH TRACT LINE NORTH 89 31 51 " EAST 59.04 FEET; THENCE SOUTH 00'15'20" EAST 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 9,109 SQUARE FEET MORE OR LESS. EXHIBIT SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. P89@ --,- of.. PARCEL NO. # ## # ## NOT A -SURVEY CURVE NUMBER 1 PREPARED' BY. WlLSONM INC. Rodius= 2963.00 De/to= 02'1052" Arc= 112.80 LEGEND; Tongen t= 56, 41 Chord= 112.79 EXISTING � R. 0. W. EASEMENT LANG i R, P OFf AL `SURVEYOR &MAPPER Chord Brg. N. 0l '08'42 E, PROPOSED FLORIDA REClSIRA LS 15627 R. 0. W EASEMENT R.O.W. =RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. BEARINGS ARE BASED ON NORTH I a'Dk P.O. B. = POINT OF BEGINNING ADD.,vSWIVrASTA COal?DW0ATE srsrcu (cR/D) rtw FLORIDA EAST iDNE. P.O.C. = PO /NT OF COMMENCEMENT CERFIFICATE OF AUTHORIZATION / L8 -43 NO.: 1 wilsomiller �� •__.___ Pkmwf • ftheere • E- Aoybfa • Swsyore • Landscape ArcMocle • TramWavm cwwmnte IffsonWer, Ina_ Tup 2W &kyL&m 9*2W • AkN* Aorfds X05 -650 041-618 WPO Fu WH43-.VT • Wsb•8k wslrWjmTAxcm LN': COLLIER COUNTY TRANSPORTATION, - ENGINEERING & CONSTRUCTION MANAGEMENT Dl MON .E: SKETCH AND DESCRIPTION BEING PART OF THE NORTH 180' OF TRACT 109, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA rE: PROJECT NO.: SHEET NUMBER: FILE NO,: 0412002 N6022 -002- 010 -TDHWP 136 OF XXX, 2GG -20 .,... , . . ,,., ,.,...� ,�..i,.. x .,.,�. ��..,�« \ U- 1IPuul I \ouurnnLea \ZygZwsuo.awg 109 N a O y y 330.00' (PLAT) 1 330.00' (PLA T) TRACT 108 R£PLA T, PLAT BOOK 19, PAGE 54 w 2 o PROPOSED PE7RPElUA4 NON- E7lC1LUS W ROAD a R.O.W., DRAINAGE; AND U77UTY EASE WENr 1422 SOVARE iEE7 EXISTING 60' EASEMENT FOR R. 0. W. PURPOSES PER PL A T a SANTA BARBARA BOULEVARD 7 8 y, GOLDEN GA TE Cl T UNIT 6, ?� PLA T BOOK 5, PAGES 124 -134 BLOCK 226 c,w S a w U Lf 0 25 50 100 200 GRAPHIC SCALE GOLDEN GA TE 4S TA TES UNIT 30, PLAT BOOAj 7, PAGE 58 107 107.1 R. 0. W. EASE NT -\ i E STING 53' EASEMENT F R R. 0. W. PURPOSES EAST LINE OF j (PER PLAT) SEC TION 29 GOLDEN GATE UNIT 6, c„ I PLAT BOOK 5, PAGES 124 -134 1 2 3 BLOCK 225 LEGAL DESCR /P90 BEING THE NORTH 300 FEET OF THE WEST 54 FEET OF THE EAST 107 FEET OF TRACT 2, TRACT 108 REPLAT, PLAT BOOK 19, PAGE 54, COLLIER COUNTY, FLORIDA. CONTAINING 16,200 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, #� ,,NO7f .4 5URVFY PREPAREO BY. WILS(�NMI INC. s LANCL` Iyf,�ER,. P Off AL SURVEYOR & MAPPER FLORIDA, REGISTRA LS 415627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BfARIN0 ARE BASED ON NORTH SEALED WITH THE SURVEYORS EMBOSSED SEAL. AMERICAN $!� PL,%�co A7C CERFIFICATE OF AUTHORIZA RON / LB -43 SYSTU (M) FOR hOROA FAST IONS. No.: 137 ...r. k - a uc,Lo-arosaa W Planers • Sv ws o • fcokgWs • Srveyors . Landscape ArWocts • Traaporfsfion Consultants ftonWaler, Ina Nepbs • pal *n • SNuols • ik &kn • Ta9p 32W &' Lv* Site 100 • Ak*4 FaU 905-W • Phone 84-64ff4W • Pa Wf OOM • We6 o wwWwo iarcom EPA 3I T af' PARCEL NO. )3-7 LEGEND: EXISTING R. 0. W. EASEMENT L<2 C7 i PROPOSED XX�XI��I'�1 R. 0. W. EASEMENT R. 0. W. = RIGHT OF WAY ENT: COWER COMN / I I RANSPO TA 7ON, ENGINEERING & CONSTRUCflON MANAGEMENT DIVISION .E' SKETCH AND DESCRIP71ON BEING PART OF LOT Z TRACT 108 REPLAT, PLAT BOOK 19, PAGE 54, COLLIER COUNTY, FLORIDA 0412002 I N6022- 002 - 010 -TDHWP I 137 OF XXX NOV 14, LUUZ — I,):JJ:44 LMILLLNIX: \SUN \NbUZZ \Sketch Ut Descriptions \Submit fed \2gg203s1.57.dwq JJO.00' I (PLAT) �l 107 107.1 �� SOU TH 150' 11 NOR TH 180 7 0 25 50 100 200 GRAPHIC SCALE GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 BLOCK 225 LEGAL DESCR/P1l0N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 107, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY #�+� PREPARED BY WILS0NMI , IN LANC T R, P OFf AL SURVEYOR do MAPPER FLORIDA REGISTRAW07LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION / LB -43 NO.: 138 EXHIBIT J4 Page ,OS,- of Zd PARCEL NO. LEGEND: EXISTING R. 0, W. EASEMENT PROPOSED R, 0. W. EASEMENT R.O.W. = RIGHT OF WAY BEARINGS ARE BASED ON NORTH AMERICAN DATUM (N.A.D) 1983 -1990 AOR/STMENT STATE PLANE COORDWA TE SYSTEM (GRID) FOR FLORIDA EAST ION£. "" COWER COUNTY TRANSPORTATION, mmamw1.-FLLk'Lo -wmm ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION wils TITLE: SKETnCI•I AND DESCMP770N BEING PART OF THE SOUTH 150' OF TRACT 107, PiMw$ • &Vhaers • EcobgWs • S-ey -s • LLndsupsArdw-ts • TrsnsporhU- ConsuMsnls GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, WlisonWor, Inc. COLLIER COUNTY, FLORIDA Nspbs • F lkYwl • 8srssoh• Btidsnlm • Turps DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 90449-"-Fa VX • Wob-9fs wwwwk+ajvm 0412002 N6022— 002— 010 — TDHWP 138 of xxx 2GG -203 III Jui 11, 2002 - 09:11:25 JNAPZRjX: \SUR \N 6022 \Sketch Of Descriptions \Submitted \2gg203sl38.dwg OF TRACT 10 7 OF TRACT 107 GOLDEN GA TE ES A TES UNIT 30, 1 PLA T BOOK PAGE 58 N a Z 106 106.1 2 W PERPETUAL, FA(0aV- US W ROAD a W., DRA/NAG& AND U17U EASEEAIENT PROPOSED qi SQUAW FEET R. 0. W. EASEMENT _ 150' Cn cn 150' EXIS 7 NG 53' EASEMENT w FOR R. 0. W. PURPOSES EAST LINE OF SECTION 29 (PER PLAT) SANTA BARBARA BOULEVARD GOLDEN GA T£ UNIT 6, cl, I PLAT BOOK 5, PAGES 124 -134 �: I 1 2 3 4 5 6 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 BLOCK 225 LEGAL DESCR/P1l0N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 107, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY #�+� PREPARED BY WILS0NMI , IN LANC T R, P OFf AL SURVEYOR do MAPPER FLORIDA REGISTRAW07LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION / LB -43 NO.: 138 EXHIBIT J4 Page ,OS,- of Zd PARCEL NO. LEGEND: EXISTING R. 0, W. EASEMENT PROPOSED R, 0. W. EASEMENT R.O.W. = RIGHT OF WAY BEARINGS ARE BASED ON NORTH AMERICAN DATUM (N.A.D) 1983 -1990 AOR/STMENT STATE PLANE COORDWA TE SYSTEM (GRID) FOR FLORIDA EAST ION£. "" COWER COUNTY TRANSPORTATION, mmamw1.-FLLk'Lo -wmm ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION wils TITLE: SKETnCI•I AND DESCMP770N BEING PART OF THE SOUTH 150' OF TRACT 107, PiMw$ • &Vhaers • EcobgWs • S-ey -s • LLndsupsArdw-ts • TrsnsporhU- ConsuMsnls GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, WlisonWor, Inc. COLLIER COUNTY, FLORIDA Nspbs • F lkYwl • 8srssoh• Btidsnlm • Turps DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 90449-"-Fa VX • Wob-9fs wwwwk+ajvm 0412002 N6022— 002— 010 — TDHWP 138 of xxx 2GG -203 III Jui 11, 2002 - 09:11:25 JNAPZRjX: \SUR \N 6022 \Sketch Of Descriptions \Submitted \2gg203sl38.dwg 107 330.00' I (PLAT) 107.1 0 25 50 100 200 GRAPHIC SCALE LEGAL DESCRIR DDN BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 180 FEET OF TRACT 107, GOLDEN GATE ES TA TES UN/ T 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FL ORIDA. CONTAINING 9,720 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY PREPARED BY., W/LSONMI , INC LANC R, P OFE 15IIAL SURVEYOR & MAPPER FLORIDA REGISTRA LS`15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION ,y L8 -43 BEARINGS ARE BASED ON NORTH AMERICAN DA IUM (N.A.D) 19W -1990 ADAISTMENT STATE PLANE COORDMIATE SYSTEM (GRID) FOR FLORIDA EAST ZONE. 10JECT NO.: 62081 PARCEL NO.: 139 WwAlb,, ha - R U00 -cox wilonmiller ftrArwa • Fla • ftdoWts • Slrwyon • Lvxkc" Ard0ech • 7ranapor &(- ConsuBanla WllsonWdler, Inc. Napba • Fal Myan • Barudo • Rui rAm • Taqu MBabyLwA M200 • NiWis% flo'ida 31p5.8507 • Riau WM- 040 • Fu ~V5 • Wab -Sds aWXalYamriY.cam EXHIBIT 14 Palle of 14 PARCEL NO �( iJd EXISTING R. 0. W. EASEMENT PROPOSED R.D.W. EASEMENT R. 0. W. = RIGHT OF WA Y LNT` COLDER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E` SKEMH AND DESCRIPTION BEING PART OF THE NORTH 180' OF TRACT 107, GOL DEN GA TE ES TA TES UNI T 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA 1E: PROJECT NO,; I SHEET NUMBER; FILE NO.; 0412002 1 IV6022- 002 - 010 —TDHWP 1 139 of XXX I 2GG -20 Nov 1,5, 20132 - 11: 4b: 54 LA1)LLtHi X: \DUIt \NbU21 \Jketch UI Uescr ipt ions \Subrn it( ed \2gg 2U.5s1.59. d Wq SOU TH 150' NOR TH 180' OF TRA C T 107 OF TRA C T 107 A T GOLDEN G E ES A UNIT 30 TES , PLAT BOOK PAGE 58 U A -A V b 106 106.1 2 PROPOSED AL, NON -um I E ROAD R.O.W., DRAIN GE; AND PROPOSED UTJUTY EA R71i0 SnU ENT fEFT R, 0, W. EASEMEN d A 180' EXIS NG 53' EASEMENT EAST L/ E OF SECTION 29 FOR R. 0. W. PURPOSES (PER PLAT) SANTA BARBARA BOULEVARD GOLDEN GA TE UNIT 6, v, a PLAT BOOK 5, PAGES 124 -134 "- ---7-7 1 2 3 4 5 6 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 BLOCK 225 LEGAL DESCRIR DDN BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 180 FEET OF TRACT 107, GOLDEN GATE ES TA TES UN/ T 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FL ORIDA. CONTAINING 9,720 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY PREPARED BY., W/LSONMI , INC LANC R, P OFE 15IIAL SURVEYOR & MAPPER FLORIDA REGISTRA LS`15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION ,y L8 -43 BEARINGS ARE BASED ON NORTH AMERICAN DA IUM (N.A.D) 19W -1990 ADAISTMENT STATE PLANE COORDMIATE SYSTEM (GRID) FOR FLORIDA EAST ZONE. 10JECT NO.: 62081 PARCEL NO.: 139 WwAlb,, ha - R U00 -cox wilonmiller ftrArwa • Fla • ftdoWts • Slrwyon • Lvxkc" Ard0ech • 7ranapor &(- ConsuBanla WllsonWdler, Inc. Napba • Fal Myan • Barudo • Rui rAm • Taqu MBabyLwA M200 • NiWis% flo'ida 31p5.8507 • Riau WM- 040 • Fu ~V5 • Wab -Sds aWXalYamriY.cam EXHIBIT 14 Palle of 14 PARCEL NO �( iJd EXISTING R. 0. W. EASEMENT PROPOSED R.D.W. EASEMENT R. 0. W. = RIGHT OF WA Y LNT` COLDER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E` SKEMH AND DESCRIPTION BEING PART OF THE NORTH 180' OF TRACT 107, GOL DEN GA TE ES TA TES UNI T 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA 1E: PROJECT NO,; I SHEET NUMBER; FILE NO.; 0412002 1 IV6022- 002 - 010 —TDHWP 1 139 of XXX I 2GG -20 Nov 1,5, 20132 - 11: 4b: 54 LA1)LLtHi X: \DUIt \NbU21 \Jketch UI Uescr ipt ions \Subrn it( ed \2gg 2U.5s1.59. d Wq 330.00' (PLAT) ru 105.1 105 25 so � GRAPHIC IC 100 200 SCALE EXISTING 60' EASEMENT SOUTH 150' NORTH 180 � FOR R. 0. W. PURPOSES PER PLAT OF TRA C T 105 OF IRA C T 105 GOLDEN GATE ES A TES UNIT 30, PLA T BOOK PAGE 58 10.6.1 0 PRO�os �usr Raw n y 104 104.1 Nav EX ,Z R.O.W., DRAlNA , AND `z $nom ,u�E T PROPOSED 'y R. 0. W. EASEM NT 150' 30' A v 150' EXISL.G5j' EASEMENT FOR PURPOSES EAST LIE OF SECTION 29 PLA T) SANTA BARBARA BOULEVARD GOLDEN GA TE UNIT 6, u, PLAT BOOK 5, PAGES 124 -134 6 7 8 9 I 10 11 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 BLOCK 225 LEGAL DESC /R P 110N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 105, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXH1B1T 14 PegGL3,7 of�r�. !PARCEL NO NOT , A SURVEY ' ## PREPARED 8Y.• WILSON)N! INC. LEGEND: LLN EX /STING R. 0. W. EASEMENT LANC T R P OFE AL SURVEYOR & MAPPER .2S.J R. O. W. EASEMENT FLORIDA REGISTRA LS 15627 R.O.W = RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORTH SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. ,ADAIS�N°r�STAX PLA°n�iE COOa'a °FE CERFIFICATE OF AUTHORIZATION # LB -43 SYSTEM (GRID) FQR FIORVA EAST dONE. PROJECT NO.: 62081 1 PARCEL NO.: 143 CLIENT: COWER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION W/I M/Iler TITLE' SKETCH AND DESCRIPTION BEING PART OF THE NORTH 180' OF TRACT 105, Puriwo • Enpimara • Ecabota • Siryeyors • Landac"Ardrtecta • TrmaporlationConaunarda GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, WilaoWger, Inc. COLLIER COUNTY, FLORIDA M#n • Fcdk*v • Sunda • Bra&Am • Tamoa DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: =D*yLv4 a #a 200 • >+� Pai* 34CS- sol • rma 9"49-4M-Fu SOhS VS - web -Sle ewabon &,cam 04/2002 N6022-002 D 10— TOHWP 143 OF XXX I 2GG -203 Nov 13, 2002 — 13:13:37 LMILLERjX: \SUR \N6022 \Sketch Of Descriptions \Subm tied \2gg203sl43.dwg J30.00' (PLAT) EXISTING 60' EASEM NT FOR R. 0. W. PURPOSES P PLAT 0 25 50 100 200 104 104.1 GRAPHIC SCALE y a SOUTH 180' NORTH 150' GOLDEN GA TE ES TA TES UNIT 30, OF TRACT 1040F TRACT 104 PL r BOOK 7, PAGE 58 105 103.1 0 a PR PERPMA4 a 103 NOW-EX US W ROAD �, R UAUTY NiVEN�O PROPOSED R. . W. EASEMENT $1AD FEET n . 30, 150' � — � � ti 150' EXISTING 53' EASEMENT FOR R. 0. W. PURPOSES EAST LINE OF SEC ON 29 29 20 f (PER PL AT) SANTA BARBARA BOULEVARD 28 21 GOLDEN GA TE UNIT 6, c„ I CORONAD O PAKWA Y PLA T BOOK 5, PAGES 124 -134 �"• 1 BLOCK 189 8 9 BLOC 225 10 11 GOLDEN GATE ES TES UNIT 5, GOLDEN GA TE Cl TY UN/ T 6, PLA T BOOK 5, PAGES 124 -134 PLAT BOOK 5, PAGE 117 -123 LEGAL DESCRIPTION BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF THE SOUTH 180 FEET OF TRACT 104, GOLDEN GATE ESTA TES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIB T �i Pa of --- -..._T PARCEL NO. /4 NOT,,A. SURVEY #'�* PREPARED BY- W1 SONMI INC. LEGEND: EXISTING R. 0. W. EASEMENT LANE T R,' PtPOFE SWAL SURVEYOR & MAPPER PROPOSED R. 0. W. EASEMENT FLORIDA REGlSTRq LS' X5627 R.O.W. = RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED AV NORTH SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. AMERICAN SH°i�51�rl PLAAT ATE C£RFIFICATE OF AUTHORIZAPON / LB -4J SYSTEM (M) rOR FZORIOA EAST ZOW PROJECT NO.: 62081 1 PARCEL NO. IM, CLIENT: CATTIER COUNTY TRANSPORTAnON, - KLlTLO a7o0De VVG.IC1� W , ! ION #4 N wilsonmiller BEING GINEER/NG & CONSTRUCTIOW MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTION PART OF THE SOUTH 180' OF TRACT 104, PMmera • Egbews • Ecobgsls • Surveyors • LandaelpeArdWacfa • TramporfalionConsulanla GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, WaonWer, Inc. COLLIER COUNTY, FLORIDA N,* . fartk✓ m . gym . &adxkn . Top DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: ax &hyGe4 9492uo • NTple41 acs • Phom 9#1149-400-Fu w1-e4T VX • wet -ft wm.Ww *roaa 0412002 N6022-002 TDHWP 144 OF XXX 2GG -203 i I Nov 13, 2002 - 13: 14:56 LMILLER;X: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203sl44.dwg — T 330.00 (PLAT) Aw, 41 EXISTING 60' EASEM NT FOR R. 0. W. PURPOSES P PL AT 1 0 25 50 100 200 N 104 104* ,i. GRAPHIC SCALE i a TH 180' NOR TH 150' SOU GOLDEN GATE ESTATES UNIT 30, O TRA C T 104 OF TRA C T 104 PL T BOOK 7, PAGE 58 105 i i ' 103.1 CN a EWA NOIN --ROAD z 103 D, AND ^� UAUTENT° PROPOSED ET y R. W EA SEMEN T 150' Z 150' EXISTING 53' EASEMENT FOR R. 0. W. PURPOSES EAST LINE OF SECTION 29 29 20 (PER PLAT) SANTA BARBARA BOULEVARD 28 21 GOLDEN GATE UNIT 6, cT, COR ONAD O PAKWA Y PLA T BOOK 5, PAGES 124 -134 �"• 1 BL OCK 189 8 9 BLOC 225 10 11 FGOL N GA TE ES TA TES UNI T 5, GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124 -134 BOOK 5, PAGE 117 -123 LEGAL DESCRIPTION BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 104, GOLDEN GATE ES TA TES UNI T 30, PLA T BOOK 7, PA GE 58, COLLIER COUN T Y, FL ORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT Pe9Q J of PARCEL NO._ '** NOT,,A. SURVEY PREPARED BY W! SONI50q, .INC. LEGEND: EXISTING R. O, W. EASEMENT LANC&Z_44dR, F OFE A PROPOSED L SURVEYOR &MAPPER R. 0. W. EASEMENT FLORIDA REGISTRAIM LS,.15627 R.O.W. =RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORTH SEALED WITH THE SURVEYORS EMBOSSED SEAL. AMERICAN DA WU STA PLAW 1983-1990 SEALED SYSTEM ID) FOR FLORIDA EAST ZONE. CERF/FICATE OF AUTHOR/ZAAON / LB -43 (GR PROJECT NO.: 62081 PARCEL NO.: 145 CLIENT: COWFA COUNTY 7RANSPORTA770N, ENGINEERING A; CONSTRUCTION MANAGEMENT DIVISION wil sonmiller TITLE: SKETCH THE DESCRIPTION BEING PART OF THE NORTH 150' OF TRACT 104, Platers • Enghwe • Ecoloylata • Surveyore • Landsc" Archilacts • Transporldon Comuganla GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, WAsarAder, Ina COLLIER COUNTY, FLORIDA Pat *m . gp„da . g, . TV" 7 PROJECT NO.; SHEET NUMBER; FlLE NO.: �ooB*y U% s1Be 2W • mac � 34"7 • A= gel -ee 4W • Far gel -ex VM • Wab,% a,w ,rvc m o4/z002 N6022-002 010 — TOMWP 145 OF xxx QGG -203 Nov 13, 2002 — 13:15:32 LMlLLERjX: \SJR \N6022 \Sketch Of Descriptions \Submitted \2gg203sl45.dwg Nov 13, 2002 — 13:18'.30 L.MILLERjX: \SUR \N6022 \Sketch Of Description s \Submitted \2gg203s146.dwg " PLAT) TTHI 1O Z D zs sD ,OO zoo GRAPHIC SCALE NOR TH 180 GOLDEN GATE ESTATES UNIT 31, OF TRACT 103 OF TRACT 10.3 PLAT BOOK' 7, PAGE 59 z O 104.1 GOLDEN A TE ES TA TES UNIT 30, ,1 PLA BOOK 7, PAGE 58 0 119 19.1 Q p a Ap0.SE0 PERPETUAL. •~ - EXCLUSIVE ROAD R.O.W., ORAINA6& AND PROPOSED Z UAUTY EASEMENT R. 0. W, EASEMENT 41W SQUARE FEET 150' � � A I EX/ TING 53' EASEMENT 150' '20,., R. 0. W PURPOSES (PER PLAT) EAST LINE 29 EAST LINE OF SECTION 20 OF SECTION 20 BARBARA BOULEVARD GOLDEN GA TE UNIT 6, 28 21 SANTA CORONADO PLAT BOOK 5, PAGES 124 -134 PARKWAY 4 i 1 2 3 11 GOLDEN GA TE CITY UNIT 5, PLAT BOOK 5, PAGES 117 -123 BL OCK 189 LEGAL DESCR/P1)ON BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 103, GOLDEN GATE ES TA TES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA, CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT Page Of___� PARCEL NO. * ** NOT A SURVEY * ** PREPARED BY. WILSONMI IN LEGEND: EXISTING R. 0. W. EASEMENT LAN T R P OFE PROPOSED R. O. W. EASEMENT FLORIDA REGISTRAYA7R LS 115627 R.O.W. =RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND 8CAR'a ARE BASED ON A097H (%LAA rCOOROSD SEALED WITH THE SURVEYORS E48OSSED SEAL. A3wirW AO�f/514EN/ SLATE PLANf COGWDNA/F i,SiA SrS1E,u (OW) FOR ARIDA EAST ZONE. CERFIFICATE OF AUTHORIZATION ,dp L8 -43 R PROJECT NO.: 62081 PARCEL NO.: 146 CLIENT: COLDER COUNTY 7RANSPORTA770N, ENGINEERING & CONSTRUC71ON MANAGEMENT DIVISION UWAftft FLLk#LC-CWM TITLE. SKMH AND DESCRIPTION W/Is MIIIer BEING PART OF THE SOUTH 150' OF TRACT 103, Pkmm • Endears • EcobgWs • Surveyors • Landw"AreMecfa • TrwWortatbn Cormilants GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA WDsonubr, Inc. A*b . Fptljrm . Sarawk . p, . naps 8200DaleyLava 8* 200 • FbiAt AW -0507 •Phone 8146 -1000 • Fu 9tI'b 90 ' Web -&* ww Nra+r*rC= DATE: 0412002 PROJECT NO.: N6022— 002— 010 — TDHWP SHEET NUMBER: 1 146 OF XXX I FILE NO.: 2GG -203 Nov 13, 2002 — 13:18'.30 L.MILLERjX: \SUR \N6022 \Sketch Of Description s \Submitted \2gg203s146.dwg 104.1 103.1 3,10.00' L7 (PLAT) SOUTH 1150 I OF TRA C T 103 0 a Z N) ko CORONADO PARKWAY \ 1 11 103 NOR TH 180' OF TRA C T 103 i GOLDEN A TE £S TA TES UNI T 30, PLA BOOK 7, PAGE 58 29120 0 25 50 100 200 GRAPHIC SCALE I GOLDEN GA T£ 45TATES UNIT 31, PLAT BOOK 7, PAGE 59 119 MOM PERPETUAL, NON —Ql UM ROAD R.O.W., NAGE, AND PROF -- U77UTY SEMENT R. 0. W. E 47M FEET AMEN T 119.1 EXI TING 53' EASEMENT FO ( ER PLAR)OSES 28 21 SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6, PLA T BOOK 5, PAGES 124 -134 �= 1 2 3 GOLDEN GA TE CITY UNIT 5, PLA T BOOK 5, PAGES 117 -123 0 BL OCK 189 LEGAL DESCR /PWN BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 180 FEET OF TRACT 103, GOLDEN GATE ES TA TES UNI T 30, PLA T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA. CONTAINING 9,720 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. # ## NUT ' A SURVEY ## PREPARED 'BY- KL ONMI , INC. LANC&Z,yktR,, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRAW LS ,15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH TH£ SURVEYOR'S EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION i LB -43 147 BEARINGS ARE BASED ON NORTH AMERICAN OAaW (MAD) 198.7 -1990 ADXSTMfNT STATE P(ANC COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ZONE. il iller aYIr, WY M - R 0e Lk/ Lo-ow tas nM Pknbrs • ErWeers • Ecolo&o • Swwyors • Lendecepe Archtects • Tramportdbn Cmet9onts WllsonWer, Inc. NSdee • FortMtws • &nWo • B•sdmdat • T&," 3=&ky Lars, 8de 100 • Nep64 Radde U05- 07 • Pkm 94H V-" • Fw W- 619.570 • Web-No wYaW m finan EXHIBIT A Page 41 of i A,RCEL NO / J4 f7 LEGEND: EXISTING R. 0, W. EASEMENT PROPOSED R. 0. W. EASEMENT R.O.W. = RIGHT OF WAY ` "" COLDER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUCTION MANAGEMENT DI MON .E: SKETCH AND DESCRIPTION BEING PART OF THE NORTH 180' OF TRACT 103, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA N6022- 002 - 010 —TDHWP 1 147 OF XXX ,i ,), 11, euuz - U7: 10: 40 JIN —trgn: \aun \ivov[Z \alcetcn ur ue5cnptions \Jubmrtted \Zgg2U.5s14 /.dwg 330.00' (PLAT) T r:, 0 25 50 100 200 tj Z I n GRAPHIC SCALE 119 7 o � � r 61) SOU Tf�1 180' NOR TH 150 GOLDEN GA TE ES TES UNI T 31, ,A OF TRACT 119 IOF TRACT 119 PLAT BOOK 7, PAGE 59 �y a 118 o a PROPOSED PERPETUAL, NON -EXGY. S/W ROAD 103 R. O. W., OR NAGE, AND PROPOSED U11UTY SENIENT R. 0. W. EASEMENT y 4 7 FEW _..... ISO' . . Ch y EXISTING 53' EASEMEN I8o' FOR R. 0. W. PURPOSES EAST LINE OF ECTION 20 (PER PLAT) SANTA BARBARA BOULEVARD PLAT OLDEN 6G T E UNI 124 -134 2 3 4 5 6 7 GOLDEN GA TE Cl T Y UNI T 5, PLA T BOOK 5, PA GE 117 -123 BL OCK 189 LEGAL DESCRIP77ON BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 180 FEET OF TRACT 119, GOLDEN GATE ES TA TES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 9,720 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT A P89e� o -� PARCEL NO. (v7 #�# NO, T A SURVEY# PREPARED 8 WI S$ONMI INC. LEGEND: EXISTING R. 0. W. EASEMENT LANC&Z_yAifR, P O% AL SURVEYOR & MAPPER R. OOW. EASEMEN MT FLORIDA REG/STRA LS 15627 R.0 .W. = RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARC BASED ON NORTH SEALED WITH THE SURVEYORS EMBOSSED SEAL. AMERICAN STA (MAD) I9B3 rWA AD�.t/STMENf SIAIE P(ANf COORO/NATf E. CERF/FICATE OF AUTHORIZATION 1 LB -43 SYSTEM (GRID) FOR FLORIDA EAST ZOV PROJECT NO.: 62081 PARCEL NO. : 148 CLIENT: COWER CCUN7Y 7RANSPO�RTAnoN, sswMw, - re uatc<000no W/I MIII r ENGINEERING d¢ CONSTRUCTION MANAGEMENT 01 NSION e TITLE` SKEMH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 119, Flay o • Ergk —s • Ecologists • SLrveyors • LandecapsArctWocto • TransporlatknConsutlanls GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, Wba*iller, Inc. COLLIER COUNTY, FLORIDA N4*8 • krW14rs • tussob • Liadadm • Opp, DATE: PROJECT NO.; SHEET NUMBER; FILE NO.: �. 80wLulasua 200 -**RXaa,,1L •l�lw94- W" -FmA#- VX- Web- srap,ws rcomp 0412002 Nso22- 002— oro —roHwP 148 of xxx 2GG -203 Nov 13, 2002 – 13:21,36 LMILLER1X: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg2C3sl48.dwg 330. 00 (PLAT r' 0 o z5 50 100 zoo � Z I n 119.1 GRAPHIC SCALE 1 ? �7 a TH 80 NOR TH 150' GOL DEN GA TE ES TA TES UNI T 31, � \' a OFOTRA C T 119 OF TRACT 119 PL T BOOK 7, PAGE 59 �I PROPOSED PER MAI, NON— IXCLUSy ROAD R.O.W, DRAINA AND p 10 4n0 AAE T PROPOSED R. 0. W EASEMENT y -4 � 10 r-MA 150' 7, EXISTING 53' EASEMEN w FOR R. D. W. PURPOSES (PER PLAT) �A T LINE OF SECTION 20 SANTA BARBARA BOULEVARD GOLDEN GA TE UNI T 6, 11 PLAT BOOK 5, PAGES 124 -134 2 ,3 4 5 6 7 GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117 -123 BL OCK 189 LEGAL DESCR/P710N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 119, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. # #* ; NOT A SURVEY PREPARED 'BY.• WILSONM,I IN LANC T R, Pf6f4,5.S1KAL SURVEYOR & MAPPER FLORIDA REGISTRA 'LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION / LB -43 PROJECT NO.: PARCEL NO. : BEARINGS ARE BASED LW NORTH AMERICAN DARN (N.A.D) 1983 -1990 ADAISTMENT STATE PLANE COOROWVATE SYSTEM (GRID) FOR FLORIDA EAST ZONE. wilsonmiller Plarnere • Erptneera - EcoWate • Swwyore • Landecape ArdWecta • Traneportabal Cawuaants Wfism ider, Inc. Napes • Fat � smote • , • ltedwMm . Tame aeon a*y Lene, Sub 290 • Nepe4 Avid. M05- o7 • ftm trot -ego-" • Au M-W -VV - Wae -sae wwAvmAvc= EXHIBIT A Page -� of - ..LL2. PARCEL NO.� LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W, EASEMENT R. 0 W. = RIGHT OF WA Y LNT: COWER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION E: SKETCH AND DESCRIPTION BEING PART OF THE NORTH 150' OF TRACT 119, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA 0412002 I N6022 -002- 010 —TDHWP I 149 OF XXX Nov IJ, LUVL — lj:LC4u -M1LLtnlx: \sun \NOu[Z \:Jketcn UT uescrip lions \]u0mitted \ZggifJ,%l49.dwg 330.00' (PLA r) WES T 330' — 8• OF TRA ' T 118 Q 0 25 50 100 200 GRAPHIC SCALE 0� EXISTING 60' EASEMENT cA FOR R.O.W. PURPOSES PER PLAT 118 a GOLDEN GA TE ST TES UNIT 31, c ' PLAT B00 7, PAGE 59 119.1 EAST 522.81' OF TRACT 118 ca (n 117 117.1 A O PROPOSED PERPETUAL ti y NON- EXCLUSIVE ROAD R O.W., DRA/NAfi� AND a I PROPOSED UTILITY EAIHENT R. 0. W. EASEM T 'Zi lAAV SNARE FEET y 300 30' 300' XISTING 53' EASEMEN FOR R. 0. W. PURPOSE (PER PLAT) EAST LINE OF SECTION 20 SANTA BARBARA BOULEVARD GOLDEN GATE �Uffi 6, c„ PLAT BOOK 5, PA24 -134 �" • -T 4 5 6 7 8 9 10 I GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117 -123 BL OCK 189 BEING THE SOUTH 300 FEET OF THE WEST 54 FEET OF THE EAST 107 FEET OF THE EAST 522.81 FEET OF TRACT 118, GOLDEN GATE ES TA TES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 16,200 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT ,,- Page �Of,j PARCEL NO. *� NOT A SURVEY # PREPARED BY. WLL50NM>f4, IN LEGEND: EXISTING R. 0. W. EASEMENT LANE T R PROPOSED P OFE AL SURVEYOR &MAPPER R. 0. W. EASEMENT FLORIDA RECISTRA LS 15627 R.O.W. = RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORTH SEALED WITH THE SURVEYORS EMBOSSED SEAL. AO 157WMTASTerc PLANE''CSOMW�TE CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (GRID) FOR FLORIDA EAST MAE. PROJECT NO.: 62061 1 PARCEL NO.: 150 CLIENT: COLLIER CON! ! /RAN.7PO TA 700. ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION W TITLE: SKETCH AND DESCRIPTION BEING PART OF THE EAST 522.81' OF TRACT 118, Phrnas • Erowers • Ecdgyete • Surveyors • Landecepe ArcMecte • Tnropor sUm Comudsnte GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, WgscrAder, Inc COLLIER COUNTY, FLORIDA Hq* • FatkAme • Sorsods • BadwAm.Turps DATE: PROJECT NO.; SHEET NUMBER; FILE NO.: &roo8�ieyLonR BAeYOD • tLrpes 94Ct� 8507 • Phcne wrc 4oro • rw as sire • weo-sra wtt otaovdorcm 0412002 N6022— 002— 010 — TDHWP 150 OF XXX 2OG -203 NOV IJ, cvuZ — ij:cx I LMILLtMIx: \ Urn \NCUZZ \JKe1Cn Ur Ues CriptionS \a(it)mitted \Xgg2U.55t5U.dwg 118 0 C y A N a 330.00' , EXISTING 60' EASEW FOR R. 0. W. PURPOSES PE 117 SOU TH 180' OF TRA C T 117 (PLA T) T PLA T 117.1 NOR TH 150' TRACT 117, N PERPEIUA4 JS W ROAD IMAGE AND 0 0 25 50 t00 200 GRAPHIC SCALE GOLDEN GA T£ STA TES UNIT 31, PLAT B00 7, PAGE 59 116.1 R. 0. W, EA I EAST LINE OF SECTION 2 LL \ \\ SANTA BARBARA BOULEVARD PAT GOLDEN GA PAGES 124-134 6, 3 L 7 0 0 10 GOLDEN GA TE Cl TY UNI T 5, PLA T BOOK 5, PAGE 117 -123 BL OCK 189 116 T EXISTING 53' EASEMEN 'FOR . O- W PURPOSES OS£S Qrl I wI til b 1 BL OCK 188 LEGAL DESCR /P110N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF THE SOUTH 180 FEET OF TRACT 117, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA, CONTAINING 8,100 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, * N, OT A. SURVEY'' PREPARED BY• 'WILSON/ , IN LANC T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRA7YM LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION / LB -43 SEARMOS ARE BASED ON NORTH AMERICAN DATUM (N.A.D) ISMS -1990 ADA/STMENT STATE PLANE COMWATE SYSTEM (GRID) FOR FLORIDA EAST IDNF, wilonmiller Plarrtera • Ergr"n • Ecobosb • Swyeyora • Landscape ArcM*ds • TramporteGon Ca"anla WilaonMiller, Inc. N*W • Fad Mpn • Svmts • &A*&Im • Taigw aW Baby Lana SLte 200 • W* Rm* M05-8507 • ftw W-B41," • Fix W-W -VO • Web -SM wrw4mWvam XHIBIT A PARCEL NO. 7 LEGEND: EXISTING R. 0. W, EASEMENT PROPOSED R. 0. W EASEMENT R. 0. W. = RIGHT OF WAY -~': COWER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E: SKETCH AND DESCRIP77ON BEING PART OF THE SOUTH 180' OF TRACT 117, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA T PROJECT NO.: SHEET NUMBER: FILE NO.: 0412002 1 N6022- 002 - 010 -TDHWP 1 151 OF XXX 200 - -26 Nov 13, 2002 — 13:23.43 LMILLERjX: \SUR \N6022 \Sketch Of Descript'ons \Subs fitted \2gg203s151,dwg aTy ;�Vw 330.00' (PLAT) (j tj A EXISTING 60' EASEM NT o zs so zii. o4 o 100 FOR R.O.W PURPOSES P PLAT GRAPHIC SCALE � 117 GOLDEN GATE S TA TES UNIT 31, SOU TH 180' NOR TH 150' PLAT 800 7, PAGE 59 118 o I bF TRACT 117 F TRACT 117, PROPOSM ti 116,1 116 a NON Musff ROAD n R. Q W., DRAlNA , AND PROPOSED U11UTY EA T R. . W EASEMENT 150' c„ i is A 150' EXISTING 53' EASEMEN FOR RPER PLARPOSES P EAST LINE OF SECTION 20 SANTA BARBARA BOULEVARD PLAT 800E 5G PAGES UNI 124 -134 `" 7 8 g 10 11 b GOLDEN GA FE Cl TY UNIT 5, PL A T BOOK 5, PAGE 117 -123 BL OCK 189 M I BL OCK 188 LEGAL DESCR/PIM BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 117, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. 7 XH I B IT age 8 o PARCEL NO. L) NOT A. SURVEY PREPARED 8 'WILS.. INC. LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED LANC T R P OFf AL SURVEYOR &MAPPER R. 0. W. EASEMENT FLORIDA REGISTRA LS 15627 R.O.W. =RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORTH SEALED IMTH THE SURVEYORS EMBOSSED SEAL. AMERICAN AENDi�s ITN PIAA)C COJORaINAT£ CERFIFICATE OF AUTHORIZA AON / LB -43 SYSTEM (GRID) FOR FZORVA EAST ZONE.. PROJECT NO.: 62081 PARCEL No.: 1S2 CLIENT: COLDER COUNTY TRANSPORTATION, ae.ra.m - A�rcoraoow ENGINEERING & CONSTRUC77ON MANAGEMENT DIWSION Wit m iller TITLE; SKETCH AND DESCRIPTION BEING PART OF THE NORTH 150' OF TRACT 117, Flarvbrs • Erohws • EcohVsts • Surveyors • LardacweArchlects • TramporfalionConeuBanls GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, Wilson 1IIer, Inc. I COLLIER COUNTY, FLORIDA N*W • Fvri*m • Saruoh • 9sdenlm • Tup DATE: PROJECT NO.: I SHEET NUMBER: TILE NO,: 3Z 8mkyLM stre2ou • NA* Rwfds 34"T • ftw WW "-Fu Fa 4a-oa V4 • We"& se K*Ml er= 0412002 N6022-002-010— TDHWP 1 152 OF XXX 2GG -203 Nov 13, 2002 – 13:24:16 LMILLERIX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203sl52 dwg 116 330. 00 ' 1 (Pi T) 115.1 SOU TH 180' OF TRACT 115 PROPOSED NON —= R.R OR %—UnuTY t aWri, o sQ 115 NOR TH 150' c- TRACT 115 FMAL N vE ROAD a IGE, AND WNT . �Er ' 40 0 25 SO too 200 GRAPHIC SCALE GOLDEN GA TE (S TA TES UNI T 31, PLAT B004 7, PAGE 59 114,1 1 114 R. 0. W, (EASEMENT v 180' £ (STING 53' EASEMENT F R R, 0, W. PURPOSES EAST LINE OF SEC ON 20 (PER PL AT) SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6, 'b PLAT BOOK 5, PAGES 124 --134 4 5 6 7 8 9 110 11 12 13 14 b 1 2 3 I GOLDEN GA TE CITY UNI T 5, BLOCK 188 PLA T BOOK 5, PAGE 117 -123 BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 180 FEET OF TRACT 115, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 9,720 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY #� PREPARED BY.- WIL SONMI , IN LANitffR, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRA LS /5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION If LB -43 BEARINGS ARE BASED ON NORTH AMERICAN DA TOM (Ni IMJ -1990 AD,A/STMENT STALE PLANE COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ZONE. wilsol9miller Mariwo • E*)ws • EcoloOle • Sweyora • Landscape ArcNfecM • Tranaporhtim Conagants ftonMIller, Inc. Ny4ea • Ferl Wm • San " • &adanlm • 4ap 3200 8* Lana Sah ZV • Nopba flaw U105-07 • Mm 9449-4W • Fu W-60 -W • Wi awasicmt/erean EXHIBIT Wage j 7 of PARCEL NQ. L LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. O. W EASEMENT R.O. W. = RIGHT OF WAY COWER COUNTY TRANSPORTA77ft ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION E` SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 115, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA 0412002 I N6022- 002 - 010 —TDHWP 1 155 OF XXX Nov IJ, LUUL — I3'/J:34 LMILLtttJx: \�Un \NOU[t \auetcn ut uescript ions \5unrnitted \Lgg2U.5s1 bb. dwg 116 330.00' 1 (PLA T) 115.1 SOU TH 180' OF TRACT 115 a PROPOSED PERPER 4 WAIN -Muss Rc R.O.W., DRAINAGE, U71U7Y EASIMN 4100 SOVAW n1T 115 NOR TH 150' TRACT 115 ti a caw 0 25 50 100 200 GRAPHIC SCALE GOLDEN GA TE �STA TES UNIT 31, PLAT BOO 7, PAGE 59 114.1 114 PROPOSED R. 0. W. EASEMENT 150' E /STING 53' EASEMENT R R. 0. W. PURPOSES � EA T LINE OF SECTION 20 (PER PLAT) ---I- SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6, b PLAT BOOK 5, PAGES 124 -134 1 2 3 4 5 6 7 8 9 10 11 j 12 113 14 b I I I BLOCK 188 GOLDEN GA IF Cl T UN/ T 5, PLAT BOOK 5, PAGE 117 -123 BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 115, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY # PREPARED BY•' WILSONMI 1NC, LANC T R, ' P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRATAW LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERTIFICATE OF AUTHORIZATION I LB -43 BEARINGS ARE BASED ON NORTH AMERICAN DArw (N.t) maj -1990 ADJ4AMENT STAT£ PLAN£ COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ILW . W Plumes • Erpiwe • Ecokos • Sirveyors • Landscape Arddtects • Tramporta0m ConauBants Wdsor, Wer, Inc. Nopb► • Fat M}w, • Strums . ftdadm . Tamp 92098akyLL% Sus 199 • No* FaW 34W W7 • Fhme 941.849.0000 . r a 901.809 -SOB . W&,W uwwWm7*cam EXHIBIT A Page �!� of -:� PARCEL NO. /- � LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0, W. EASEMENT R. 0. W. = RIGHT OF WAY CLIENT: COWER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTION BEING PART OF THE NORTH 150' OF TRACT 115, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA 04120021N6022- 002 - 010— TDHWP156 of XXX2GG-20J I Jul ii, cwt — uu.ia:iu JIX�- .rqn- . \3UM \wou[[ \aKeicn v* uescrlpi ions \aucrnilIea \LggeuJ3lw).owg 330.00' 1 (PLAT) 114.1 SOU TH 150' OF TRACT 114 114 NOR TH 180' OF TRACT 1141 -0-- 115 PROPO PERWWAC. NON- USW ROAD R.QW., DRA/NAG'& AND FUA'u EASEMENT a I SQUARE A!rr EAST LINE SANTA BARBARA BOULEVARD 8 � 9 � 10 � 11 1 12 � 13 14 a 6ki 0 25 50 100 200 GRAPHIC SCALE b GOLDEN GATE ESTA TES UNIT 31, PLAT BOOK 7, PAGE 59 -�-- EXISTING 60' EASEMENT FOR R, 0. W. PURPOSES PER PLAT N rn 0 1131 a PROPOSED R. 0. W EASEMENT 112.1 EXISTING 53' EASEME T FOR R. 0. W. PURPOS SEC TION 20 (PER PL AT) GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134 15 1 16 17 18 119 20 21 22 GOLDEN GA TE Cl T Y UNI T 5, PL A T BOOK 5, PAGE 117 -123 BL OCK 188 LEGAL DESCRIPTION BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 114, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY PREPARED: BY WILS IN LANC&ZjWeR, PtdFF-5.5iKAL SURVEYOR & MAPPER FLORIDA REGISTRA LS' x'5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION f LB -43 BEARINGS ARE BASED ON NORTH AMERICAN DATUM (N.A.p) 190-1990 AD„USTMENT STATE PLANE COORDINATE SYSTEM (GRID) FOR FLORIDA EAST ION£, wilsoolmiller Pla/nen • Enginexa • Ecobpirta • Swwyon • Lmbcaae ArchNecta • Traneporla6m ComWanta fton laer, Inc. Akan • rm *m • &rW& • &adNim • Tv*e W 8* Lang &h 200 • Ak* Ryids M05-8507 Pharr 9440-,0040 • Fu W40-PE • 106 -86 —W-r& EXH I BST Page i,,�, of ' �{ `'ARCEL NO.� LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W. EASEMENT R.O. W, = RIGHT OF WAY `m" COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E' SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 150' OF TRACT 114, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA 0412002 1 N6022- 002 - 010 —TDHWP 1 157 OF XXX Nov IJ, LUUL - I.J: Z`l: LU LMILLLNJAX \SUN \NbUL2 \JKeICn Ut UeScfip LonS \SUDmltted \ZggYUGS1b /.dwg 115 330.00' � (PLAT) 114.1 SOU TH 150' OF TRACT 114 ti is 114 NOR TH 180' OF TRACT 114 -ow PROPOSED ZrorlUk NON- EXALE ROAD R.aW., DRA/NA AND UAUTY EA T— A100 SOVARE I "'SXl ow 4 F-L-00 44 a �^ 0 ZS 50 100 200 b GRAPHIC SCALE a GOLDEN GATE ES TA TES UNIT 31, PLAT BOOK 7, PAGE 59 -- EXISTING 60' EASEMENT FOR R. 0. W PURPOSES PER PLAT v y 1131 112.1 N' PROPOSED R. 0. W. EASEMENT EAST L�NE OF SECTION 20 \ \ \ \ \ \ \ \ \ \\ SANTA BARBARA BOULEVARD 8 � 9 11 10 � 11 112 � 13 114 15 EXISTING 53' EASEMENT ,FOR R. 0. W. PURPOSE (PER PLAT) GOLDEN GA TE UNIT 6, w PLA T BOOK 5, PAGES 124 -134 16 17 18 19 20 21 22 GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117 -123 BL OCK 188 LEGAL DESK BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 114, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. #' NOT A SURVEY PREPARED BY- WILSONMI INC. L A NC& T 40KR, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRAIlrLS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION / LB -43 BEARINGS ARE BASED ON NORTH AMERICAN DATUW (MA 0) I.W -1990 AD,AISTMENT STATE PLANE- COMWATE SYSTEM (GRID) FOR nowA EAST zw. IOJECT NO.: 62081 I PARCEL NO, : 1158 WwYM, lie - FL ',C-=94 wilsonmiller Pkrmere • E.IlOmws • Eco)o&ts • Rrmyors • Lerldscspe ArdWeots • 7ranaporfaflon Conwhnls WilaonWer, Inc. kobe • Pal Elyas • Sormis • &&d N& • Tegos 3Y008* LwA Sues 200 • Nv* Ponds 31145- 8507 - f fwo 81140 -" • Fu 8d-8U 09 • Web-Sit sewwiaw&wm EXHIBIT - Page- of "ARCEL NO. ) LEGEND: EXISTING R. O. W. EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WAY ENT` COWER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUCTION MANAGEMENT DIVISION .E: SKETCH AND DESCRIPTION BEING PART OF THE NORTH 180' OF TRACT 114, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA rE: PROJECT NO.: I SHEET NUMBER; I FILE NO.: 0412002 1 N6022-002— 010— TDHWP 1 158 OF XXX I 2GG'-20 Nov w. [uu[ — u: ')u:I/ LMJLLLNjA:\�,UN\NOUZZ \auetcn ut uescripuons \Jllbmltted \ZggLU,3sl5)b.dwg 330.00' (PLAT) 113 T 412.50' OF TRACT 113, WEST 412.50' EXISTING 60' EASEMENT bFOR R.O.W. PURPOSES PER PLAT a rr^^ V v, O y a A 113.1 EAS T 415, 36' OF TRACT 113 PROPOSED PERPEMA4 NON -MLUS W ROAD R.O.W., ORA/NAG& AND -UPUrY EASEWW 16,2= SQUAW FW SOUTH 180' OF TRACT 11 40 o 25 50 loo zoo GRAPHIC SCALE GOLDEN GA TE ESTA TES UNIT 31, PL T BOOK , PAGE 59 112.1 EAST 410.37' OF SOUTH 180' OF TRACT 112 R. 0. W. EA 112 111 NOR TH 150' OF TRACT 112 300' EXISTING 53' EASE ENT fl FOR R. 0. W PURP05ES EAST LINE OF SECTION 20 (PER PLAT) SANTA BARBARA BD ULEVARD GOLDEN GA TE UNIT 6, PLAT BOOK 5, PAGES 124 -134 �" 11 15 1 16 17 18 19 20 21 22 23 124 � 25 � 26 , 27 128 12, 9 GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117 -123 BL OCK 188 LEGAL DESCR/P77ON BEING THE NORTH 300 FEET OF THE WEST 54 FEET OF THE EAST 107 FEET OF THE EAST 415.36 FEET OF TRACT 113, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA, CONTAINING 16,200 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY ## PREPARED BY.- WL 50NM! Pq, INC. LANG T R, PfOFE,5,Si0AL SURVEYOR & MAPPER FLORIDA REGISTRAMN LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION / LB -43 BEARINGS ARE BASED ON NORTH AMERICAN DATIAW (N.A.0) 1983 -1990 AOA47N£Nr STArr PANE CocRoINAT£ SISTEW (m) r R riaWA £A5r ZONE. [Wtt:l NU.: C�/lp� ' KAK6LL NU. 7 i� VV WW 1 YMJi; ha - IL Ik,LP000[ Wil nMiller Pk%iwv • Elgileere • Ecobplets • Suwyors • Landscape ArWmta • TramWtahm Consultants WtlaonANW Inc. Nepb • Fa *m • SnfWo • &sdmVn • Trips 9100 eaky Lrr Suk 100 • Nsplet RaNr 54RK 8507 • Phoro UL60-" • Fu 91W-SM • Web-S7s wntrbmr&cm r EXHIBIT Page ` ofo1� PARCEL NO. )51 # LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WAY t:LltNl: COWER COUNTY TRANSPORTAAON, ENGINEERING & CONSTRUC77ON MANAGEMENT DI VISION TITLE: SKEMH AND DESCRIPflON BEING PART OF THE EAST 415.36' OF TRACT 113, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA 0412002 1 N6022- 002 - 010- TDHWP' 159 OF XXX Nov 13, 2002 — 13:31:09 LMILLLRIX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203sl59.dwg 330.00' (PLAT) 1 113 WEST 412.50' OF TRACT 113, 112 WEST 412.50' OF SOUTH 180' OF TRACT 112 NOR TH 150' 112,1 OF TRA C T 112 EAST 410.37' 1131 OF SOUTH 180' � OF TRA C T 112PROI OSED PERPET UAL, v NON EXCLUSIVE ROAD R.O. ., DRAINAGE, AND U7 LI TY EASEMENT 9, 20 SQUARE FEET da 0 25 50 100 200 GRAPHIC SCALE GOLDEN GA 7E ES T4 TFS UNIT 31, PLA T BOOK 7, IPA GE 59 PROPOSED R. 0. W. EASEMENT 111.1 180 180 EXIS771W 53 EASEMENT FOR R ER PLAT) EAST LINE OF SEC N 20 SANTA BARBARA BOULEVARD GOLDEN GA TE UNIT 6, 0 PLAT BOOK 5, PAGES 124 -134 w I C �y 20 121 122 23 124 25 26 127 28 129 30 2 GOLDEN GA TF Cl TY UNI T 5, PLA T BOOK 5, PA GE 117 -123 BL OCK 188 b (BLOCK 152 LEGAL DESCRIPTION BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE EAST 410.37 FEET OF THE SOUTH 180 FEET OF TRACT 112, GOLDEN GA TE ES TA TES UNI T 31, PLA T BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 9,720 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RES7RIC770NS OF RECORD. REWSED 06 -01 -04 EXHIBIT Page= of VLA PARCEL NO loio * ** NOT A SURVEY * ** PREPAR Y.• WILSONMILLER, INC. LEGEND: EXIS77NG R. O. W. EASEMENT ANDREW B. BECK, PROFESSIONAL SURVEYOR & MAPPER PROPOSED FLORIDA REGISTRA7701V LS 0065 R.O.W. EASEMENT NOT VALID UNLESS SIGNED BY THE SURVF'YOR AND WAWW AW AM ON NWIH R.O.W. = RIGHT OF WAY SEALED WITH THE SURWYOR'S EMBOSSED SEAL. "�`'"�"" °A ��) l AA (:O SU I[ME COQWp1VATE CERRRCATE OF A U 7HORIZA 7701V # LB -41 QW) PROJECT NO.: 62081 PARCEL NO.: 160 Wil Mil /er..a_Ra., PNn'°n ' 8�isen ' ScabpMf� • dragon • Lmd�pY» Arrhl�c� • Trurperhlbn Cwrulbnpr ��1'�t AilAD • � �i6G�� • RYb� rw.dpntitrom Jun 11. 20(14 — 1Re97•Rw 1 WII CDIV. \e��o \unnnn \en._a_� ., COLLIER COUNTY TRANSPORTA770N, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION 'TLE` SKETCH AND DESCRIP77ON BEING PART OF THE EAST 410.37' OF THE SOUTH 180' OF TRACT 112, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA — "HU.' WI -B"t: ME NO.: 04/2002 Nso22- ooz- olo -T�HwP 160 of xxx 2GG -203 330.00' 1 (PLA T) z 113 WEST 412.50' OF TRACT 113, WEST 412.50' OF SOUTH 180' OF TRACT 11 -----7 112 NORTH 150' OF TRA C T 112 I° a w R.O.W., & - U77UTY 4100.1 0 25 50 100 200 GRAPHIC SCALE GOLDEN GA TE ES T4 TES UNI T 31, PLAT BOOK 7, PAGE 59 G& AND PROPOSED MDVT R. 0. W. EASEME nmT SANTA BARBARA BOULEVARD PLAT BLDEN5 P TE 124, -134 20 - 22 23 24 25 26 27 28 29 30 GOLDEN GA TE Cl TY UNI T 5, PLA T BOOK 5, PAGE 117 -123 BL OCK 188 EXISTIN 53' EASEMENT 'FOR . 0. W. PUARP OSES o� c C y 2 b r8L OCK 152 LEGAL DESCRIPTION BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 112, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS SUBJECT TO EA SEMEN IS & RESTRICTIONS OF RECORD. # ## NOT A SURVEY PREPARED BY- WILSONMI IN LANC T R, ' P 0FE AL SURVEYOR & MAPPER FLORlOA REGISM^0 LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICAFE OF AUTHORIZATION / LB -43 HEARINGS ARE HASED ON NORTH AMERICAN DATUM (MAX) 1983 -1990 ADJ'JSTArENT SrA rE PLANE COOROANA/E SYSTEM (GRID) FOR FLORIDA EAST ZOVE. 10JECT NO.: 62081 1 PARCEL NO.: 161 W PMrners • Engineers • Ecobprtls • Swmyors • Landscape ArcNfects • Tramporlation Comoants W11ea1Mifler, Inc. A** • FwiAryars • 9arucI4 • &adaf& • Tops 329 fthy Lw4 &de 2W • Nk* Fkd* W05-W • ftm 90-W" In 91F9099 • Web-9b wwW nl rccm EXHIBIT Paged °f RCEL NO. ICU f LEGEND: EXISTING R, 0. W, EASEMENT 7 PROPOSED R.O. W EASEMENT R.O. W. = RIGHT OF WA Y ` "" COLDER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIMON E` SKEWN AND DESCRIPTION BEING PART OF THE NORTH 150' OF TRACT 112, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA rE: PROJECT NO.: SHEET NUMBER: FILE NO.: 0412002 N6022- 002 - 010 -TDHWP 161 of XXX, 2GG -20 Nov ij, tuuz LNAiLLtnIx: \SUh< \Nbut[ \Sketch ur 0escnpt ions \Submitted \2gg203s161,dwg 112.1 N N EAS T 410.37' 113.1 a OF SOU TH 180' OF TRACT 112 LINE OF SECTION 20 EAS 112 NORTH 150' OF TRA C T 112 I° a w R.O.W., & - U77UTY 4100.1 0 25 50 100 200 GRAPHIC SCALE GOLDEN GA TE ES T4 TES UNI T 31, PLAT BOOK 7, PAGE 59 G& AND PROPOSED MDVT R. 0. W. EASEME nmT SANTA BARBARA BOULEVARD PLAT BLDEN5 P TE 124, -134 20 - 22 23 24 25 26 27 28 29 30 GOLDEN GA TE Cl TY UNI T 5, PLA T BOOK 5, PAGE 117 -123 BL OCK 188 EXISTIN 53' EASEMENT 'FOR . 0. W. PUARP OSES o� c C y 2 b r8L OCK 152 LEGAL DESCRIPTION BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 112, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS SUBJECT TO EA SEMEN IS & RESTRICTIONS OF RECORD. # ## NOT A SURVEY PREPARED BY- WILSONMI IN LANC T R, ' P 0FE AL SURVEYOR & MAPPER FLORlOA REGISM^0 LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICAFE OF AUTHORIZATION / LB -43 HEARINGS ARE HASED ON NORTH AMERICAN DATUM (MAX) 1983 -1990 ADJ'JSTArENT SrA rE PLANE COOROANA/E SYSTEM (GRID) FOR FLORIDA EAST ZOVE. 10JECT NO.: 62081 1 PARCEL NO.: 161 W PMrners • Engineers • Ecobprtls • Swmyors • Landscape ArcNfects • Tramporlation Comoants W11ea1Mifler, Inc. A** • FwiAryars • 9arucI4 • &adaf& • Tops 329 fthy Lw4 &de 2W • Nk* Fkd* W05-W • ftm 90-W" In 91F9099 • Web-9b wwW nl rccm EXHIBIT Paged °f RCEL NO. ICU f LEGEND: EXISTING R, 0. W, EASEMENT 7 PROPOSED R.O. W EASEMENT R.O. W. = RIGHT OF WA Y ` "" COLDER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIMON E` SKEWN AND DESCRIPTION BEING PART OF THE NORTH 150' OF TRACT 112, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA rE: PROJECT NO.: SHEET NUMBER: FILE NO.: 0412002 N6022- 002 - 010 -TDHWP 161 of XXX, 2GG -20 Nov ij, tuuz LNAiLLtnIx: \SUh< \Nbut[ \Sketch ur 0escnpt ions \Submitted \2gg203s161,dwg 330.00' 1 (PLAT) 111 SOU TH 180' , „OF TRACT 111 ti 112 a PROPOSM NON -EXC R.Q W., DI unurY 4 7 S NOR TH 150' OF TRACT 111 PD?PETUA4 URW ROAD LINAGE AND 0 25 50 100 200 GRAPHIC SCALE BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 180 FEET OF TRACT 111, GOLDEN GA TE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 9,720 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT� Page � of—Lt RCEL NO.- ` ° NOT A SURVEY #+” PREPARED BY W/LSONMI IN LEGEND: EX /STING R.O.W. EASEMENT LANC T R, P O% AL SURVEYOR & MAPPER PROPOSED FLORIDA REG1STRXnVN LS 115627 L2S R.O.W. EASEMENT NOT VALID UNLESS SIGNED BY THE SURVEYOR AND 9EARW GS ARE BASED av Naar» R. O. W = RIGHT OF WA Y SEALED WITH THE SURVEYORS EMBOSSED SEAL. ""'WMEDA1y"'(NAOJ r9e1 ?aWA AAUSIMFN7 SLATE A�ANE COaROVNA IE CERFIFICATE OF AUTHOR /ZAT /ON / LB -43 SYSTEM (ORO) FOR FLORIDA EAST AW .. PROJECT 162 witonMiller Plusl" • Eroineers • Ecolo&s • Surveyors • Landrespe ArdWects • Traneporta0on Coneu9ants WdeonM"r, Inc. *1w • Fat kyw • Sireeok • &adwAm • Tup 9100 &iT �R Sine 200 • Neps4 fkrfde 3d0.S -A307 • Phtvq 541.64/040 • Fea 81FBp -9(Q • Wab-9le wnesieoimisram Nl— 1 1 9nn9 – 17 ZA :n uu cow. c [� • n\ .- COWER COUNTY TRANSPORTAnON, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 111, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA tE: PROJECT NO.: SHEET NUMBER: I ME NO.: 0412002 7 N6022— 002— 010— TDH KP 1 162 OF XXX 12GG -20 �..____ I_._., .,. ,, .. � �., 11 \ayycU— uc.owy 180' o EX ,F 20 � SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6, cn GOLDEN GA TE ES TA TES UN/ T 31, PLAT BOOK , PAGE 59 T28 2 110.1 110 BL OCK 152 O PRO OSED R. 0, W. E 4 SEMEN y y BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 180 FEET OF TRACT 111, GOLDEN GA TE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 9,720 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT� Page � of—Lt RCEL NO.- ` ° NOT A SURVEY #+” PREPARED BY W/LSONMI IN LEGEND: EX /STING R.O.W. EASEMENT LANC T R, P O% AL SURVEYOR & MAPPER PROPOSED FLORIDA REG1STRXnVN LS 115627 L2S R.O.W. EASEMENT NOT VALID UNLESS SIGNED BY THE SURVEYOR AND 9EARW GS ARE BASED av Naar» R. O. W = RIGHT OF WA Y SEALED WITH THE SURVEYORS EMBOSSED SEAL. ""'WMEDA1y"'(NAOJ r9e1 ?aWA AAUSIMFN7 SLATE A�ANE COaROVNA IE CERFIFICATE OF AUTHOR /ZAT /ON / LB -43 SYSTEM (ORO) FOR FLORIDA EAST AW .. PROJECT 162 witonMiller Plusl" • Eroineers • Ecolo&s • Surveyors • Landrespe ArdWects • Traneporta0on Coneu9ants WdeonM"r, Inc. *1w • Fat kyw • Sireeok • &adwAm • Tup 9100 &iT �R Sine 200 • Neps4 fkrfde 3d0.S -A307 • Phtvq 541.64/040 • Fea 81FBp -9(Q • Wab-9le wnesieoimisram Nl— 1 1 9nn9 – 17 ZA :n uu cow. c [� • n\ .- COWER COUNTY TRANSPORTAnON, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 111, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA tE: PROJECT NO.: SHEET NUMBER: I ME NO.: 0412002 7 N6022— 002— 010— TDH KP 1 162 OF XXX 12GG -20 �..____ I_._., .,. ,, .. � �., 11 \ayycU— uc.owy 180' EAST LINE OF SECT/ EX ,F 20 STING 53' EASEMENT I R R. 0. W. PURPOSES (PER PLAT) SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6, cn PLAT BOOK 5, PAGES 124 -134 T28 2 72,9J BL OCK 152 BL Ob GOLDEN GA TE Cl TY UN/ T 5, PL A T BOOK 5, PAGE 117 -123 BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 180 FEET OF TRACT 111, GOLDEN GA TE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 9,720 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT� Page � of—Lt RCEL NO.- ` ° NOT A SURVEY #+” PREPARED BY W/LSONMI IN LEGEND: EX /STING R.O.W. EASEMENT LANC T R, P O% AL SURVEYOR & MAPPER PROPOSED FLORIDA REG1STRXnVN LS 115627 L2S R.O.W. EASEMENT NOT VALID UNLESS SIGNED BY THE SURVEYOR AND 9EARW GS ARE BASED av Naar» R. O. W = RIGHT OF WA Y SEALED WITH THE SURVEYORS EMBOSSED SEAL. ""'WMEDA1y"'(NAOJ r9e1 ?aWA AAUSIMFN7 SLATE A�ANE COaROVNA IE CERFIFICATE OF AUTHOR /ZAT /ON / LB -43 SYSTEM (ORO) FOR FLORIDA EAST AW .. PROJECT 162 witonMiller Plusl" • Eroineers • Ecolo&s • Surveyors • Landrespe ArdWects • Traneporta0on Coneu9ants WdeonM"r, Inc. *1w • Fat kyw • Sireeok • &adwAm • Tup 9100 &iT �R Sine 200 • Neps4 fkrfde 3d0.S -A307 • Phtvq 541.64/040 • Fea 81FBp -9(Q • Wab-9le wnesieoimisram Nl— 1 1 9nn9 – 17 ZA :n uu cow. c [� • n\ .- COWER COUNTY TRANSPORTAnON, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 111, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA tE: PROJECT NO.: SHEET NUMBER: I ME NO.: 0412002 7 N6022— 002— 010— TDH KP 1 162 OF XXX 12GG -20 �..____ I_._., .,. ,, .. � �., 11 \ayycU— uc.owy 330, 00F(PIAT) 1.1 D zs sD 100 zoo GRAPHIC SCALE a SOUTH SO 150' O OF , GOL DEN GA TE ES TES UNIT 31, OF TRACT 111 PLAT BOOK PAGE 59 y o y l 0. 110 112 a f RWOS O P� lUA4 .. Naw- -QraUg ROAD R. a w, ORAI A AND T PRO OSED IIOW MADE R, 0. W. E SEMEN T y y 150' 53' EASEMENT 2EJXS7TING R. 0. W. PURPOSES (PER PLAT) EAST LINE OF SECTION 20 SANTA BARBARAI BOULEVARD GOLDEN GATE UNIT 6, c i PLAT BOOK 5, PAGES 124 -134 �'=� O 29 30 N � 28 2 BL ocK 152 b GOLDEN GATE CITY UNIT 5, PL T BL OCK 188 BOOK 5, PAGE 117 -123 LEGAL DESCR/P110N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 111, GOLDEN GATE ESTA TES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT_ Paged of r �✓ PARCEL NO. # NOT A SURVEY PREPARED BY.- W/LSOryMI INC. LEGEND: EXISTING R, 0, W. EASEMENT LANG T R, PfOf*fiSKAL SURVEYOR & MAPPER r PROPOSED FLORIDA R£GISTRA LS 15627 R. 0. W. EASEMENT NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NWfti R, 0, W, = RIGHT OF WAY SEALED W/TH THE SURVEYORS EMBOSSED SEAL. ADWST N D"S'D (NA.OJ r00aw A AO.NSIAIfN7 STATE PlAIE' CDDQQWA7E CERFIFICAT£ OF AUTHORIZATION / LB -4J SYSTEM (GW) rOR flaWA EAST ZDNE, PROJECT NO.: 612081 PARCEL NO.: 183 W CLIENT: COWER CWNTY ' RANSPO TAVON, ENGINEERING * CONSTRUC71ON MANAGEMENT DI MON " -mw,k` - "`� Lc c=m wilsomilloi TITLE: SKETCH AND DESCRIPTION BEING PART OF THE NORTH 150' OF TRACT 111, Plamera • Enyheers • Eeolopfets • Slrmyors • Lendec MArchMeets • TramWtefionCona:dtant, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, WbonM eer, Inc, COLLIER COUNTY, FLORIDA Now • Fw hom • &WON • er&bwm • Tape sxnBwlt+IaaelexD fia slut' 1501'Am°rufa�ooro'F"WlrgS7e'Web aeseeial+�er«m DATE: 0412002 PROJECT NO,; N6022- 002 - 010 -TDHWP SHEET NUMBER; 163 OF XXX FILE NO.: 2GG-20J Nov 13, 2002 — 13:35:42 LMILLERjX: \5UR \N6022 \Sketch Of Descriptions \Submitted \2gg203si63.dwg JJ0.00' (PLAT) i, n P C. ;A 0 25 50 t00 200 GRAPHIC SCALE x110 .01 110 SOU TH 150' NOR TH 180' y GOL PLA T BOOK , PAGE 59 31, OF TRACT 110 OF TRACT 110 a 111.1 109 109.1 108.1 PROP PERPETUAL, FOR EXISTING . W.URPOSES PER N PLAT NOV- aU.9W ROAD m a W., DRA/NA(& AND PROPOS D UAU EASEMENT R. 0. W. EA MENT $1 SQUARE FEET 150' y ' EXISTING 53' EASEMENT/ 150 FOR R. 0. W. PURPOSE EAST LINE OF SECTION 20 (PER PLAT) SANTA BARBARA BOULEVARD PLAT OLDS G 5 PAGESI1 6, — 0 2 BL OCK 152 GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117 -123 23 4 5 6 T I eeax ry EXHIBIT LML DESMP110N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 110, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA, CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT a9e L. of�+ �. PARCEL NO. NOT A SURVEY #� PREPARED' BY.• WL.WNqf7f INC. LEGEND: EXISTING R. 0. W. EASEMENT LANCk.LU4dR,'PfOFf;5AfAL SURVEYOR & MAPPER PROPOSED FLORIDA REGISMAMN LS 15627 R. 0. W. EASEMENT NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORTH R. 0. W. = RIGHT OF WAY SEALED WITH THE SURVEYORS EMBOSSED SEAL. AMERICAN r sm (MAD) 1985-1990 coaa 90 AOJ;lSTATENI STAIE PLANE CL1O4lkNATE STEN (GRQ) FOR FLaWA EAST ZONE. CERFIFlCATE OF AUTHOR /ZAT/ON ,¢� LB -43 YS PROJECT NO.: 62081 1 PARCEL NO.: 164 CLIENT: COLDER COUNTY TRANSPORTA710N, ENGINEERING do CONSTRUCTION MANAGEAIIENT DIVISION wilsoamillei TITLE. SKETCH AND DESCRIP77ON BEING PART OF THE SOUTH 150' OF TRACT 110, Plume • Egyrosn • EccklAlls • Bweyon • LN00c pe AmMecto • Tnrnpor sUon Con+utlents GOLDEN GATE ESTATES UNIT Jl, PLAT BOOK 7, PAGE 59, ftcn ref bia COLLIER COUNTY, FLORIDA Aoki • Fat &-A • 9adaAat • Top DATE: 0412002 7PROJECT NO,: 1 N6022— 002— 010 — TDHWP SHEET NUMBER: 1 164 OF XXX I FILE NO.: 2GG -203 Nov 13, 2002 - 13:36:23 LMILLER1X: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg2O3s164.dwg 330.00' 1 (PLAT) 110.1 Zi a SOU TH 150' OF TRACT 110 111.1 PROPOSED PEl F Nav- Exausyl R.O.W., DRA/NA UIJUTY EAS9 $100 sovARE EAST DINE OF SECTION 20 110 �o II NOR TH 180' OF TRACT 110 ROW AND a 150, 30' 0 25 50 100 zoo GRAPHIC SCALE GOL DEN GA TE E$ TA TES UNI T 31, PLAT BOOK 7, PAGE 59 v, 109 0 EXISTING 60' EA y FOR R. 0. W. PURPOSE PROP( R. 0. W. EA y SANTA BARBARA BOULEVARD �I 0 2 BL OCK 152 GOLDEN GATE CITY UNIT 5, PLAT BOOK 5, PAGE 117 -123 109.1 PLAT 'L 108.1 EXISTING 53' EASEME TI FOR R. 0. W. PURPOSE (PER PLAT) GOLDEN GA TE UNIT 6, v, PLAT BOOK 5, PAGES 124 --134 1 2 3 4 5 6 BL OCK 153 LEGAL DESCR/P110N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 110, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA, CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT ,.k SURVEY PREPARED BY. WIL50NMl INC. LANAZ.PdR, P OFF • AL SURVEYOR & MAPPER FLORIDA REGISTRA `LS 1!5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WTH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION / LB -43 165 BEARINGS ARE BASSO ON NORTN AMERICAN OA j (N A.0) 1983 -1990 AO�.(/STNENT STAI£ PLAN£ COORDINATE SYSTEM (GRID) FOR FLQPIOA EAST zow Wil nMiller� M1...•�.� Pllm— • Erpbleers • Eccko*s • Sweyors • lard.cw ArdWeds • Tranrporljkn comuffanfe WhonMrWor, Inc. Ak* • ftH UM • 6auA • 9'+dWm • Tssps 3700 Bilk LOM Sine 700 • NOP* Ruud M05-W • ftm 94F54"W • Fir !kt 81J 5718 • Wab S9e w>rstwrwbrcas EXHIBIT ,age 17y off _1 4 PARCEL NO. 16. 5- LEGEND: EXISTING R. O. W EASEMENT PROPOSED R. 0, W. EASEMENT R, 0. W. = RIGHT OF WAY `"l: COLLIER COUNTY TRANSPORTATION. ENGINEERING ac CONSTRUCTION MANAGEMENT DIVISION E` SKETCH AND DESCRIPTION BEING PART OF THE NORTH 180' OF TRACT 110, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA E: PROJECT NO.: SHEET NUMBER: FILE NO.: 0412002 N6022 -002 - 010 —TDHWP 165 OF XXX 2GG -2O •--.. ,..--'- I_.._..... ,.. .,, - .— '.,— ... w \lyy<v— uj.uwy 330.00' (PL A T) �j EXISTING 60' EASfM NT p FOR R. 0, W. PURPOSES P PLA T o 25 50 100 200 GRAPHIC SCALE OD A 109' 109.1 �I GOLDEN GATE STA TES UNIT 31, a SOU TH 180 NOR TH 150 PLAT B00 7, PAGE 59 110 OF TRACT 109 OF TRACT 109 108.1 108 0 P PQPPEIUAL, R0 _ a'US/VE ROAD W., DRAINAGE, AND PROPOSE UT/ TY EASEMENT R.O. W EASE NT $1 $90RE Fa7 y 30' 150' U A A 150' XI S TING 53' EA SEMEN T • �, w OR R. 0. W. PURPOSES `"• EAST LINE OF SECTIO 20 (PER PLAT) SANTA BARBARA BOULEVARD GOLDEN GA TE UNIT 6, cn PL AT BOOK 5, PAGES 124 -134 -L- I I '. BL OCK 152 GOLDEN GA TE Cl T Y UNI T 5, PLA T BOOK 5, PA GE 117 -123 BL OCK 153 LEGAL DESCRIP 110N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF THE SOUTH 180 FEET OF TRACT 109, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, I CONTAINING 8,100 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT 2 3 5 16 RCEL NO. #' NOT A SURVEY* PREPARED BY,- WILSONMI INC. y EXISTING R. 0. W. EA SEMEN T LANG T R, P OFE AL SURVEYOR & MAPPER PROPOSED FLORIDA REGISTRA LS ,15627 s x x-- ��S��S.�2LLZS�.?�L1I R.O.W. EASEMENT NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED aV NQ4TN R. 0. W. = RIGHT OF WAY SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. D� 'r l rim �100VAATE CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (GOO) FOR fzORIDA EAST ZOAC PROJECT NO,: 62081 PARCEL NO.; 166 CLIENT: COWER ER COI sNn/ 7RANSPORTAnOls ENGINEERING do CONSSTRUC71ON MANAGEMENT DIVISION "° "� �`� "�°°°°� Wil#nMiller TITLE: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 109, 'i '. WdsonMdler, Inc. I I BL OCK 152 GOLDEN GA TE Cl T Y UNI T 5, PLA T BOOK 5, PA GE 117 -123 BL OCK 153 LEGAL DESCRIP 110N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF THE SOUTH 180 FEET OF TRACT 109, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT Page - 1�, of 10� ' RCEL NO. #' NOT A SURVEY* PREPARED BY,- WILSONMI INC. LEGEND: EXISTING R. 0. W. EA SEMEN T LANG T R, P OFE AL SURVEYOR & MAPPER PROPOSED FLORIDA REGISTRA LS ,15627 s x x-- ��S��S.�2LLZS�.?�L1I R.O.W. EASEMENT NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED aV NQ4TN R. 0. W. = RIGHT OF WAY SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. D� 'r l rim �100VAATE CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (GOO) FOR fzORIDA EAST ZOAC PROJECT NO,: 62081 PARCEL NO.; 166 CLIENT: COWER ER COI sNn/ 7RANSPORTAnOls ENGINEERING do CONSSTRUC71ON MANAGEMENT DIVISION "° "� �`� "�°°°°� Wil#nMiller TITLE: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 109, A'smers • ErOwn • Ecolo*s • Swwyors • Lanolec"Architects • TrenspalsUan ConsWfgnfs GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, WdsonMdler, Inc. COLLIER COUNTY, FLORIDA Nlpbs • Fwl* s • B wok • &&*M n • Tsnps s2aoea°yL°'" ads zoo • Hcrus °� • Rms enweo • rw wrea sus • w,y �, „,,, OATS: 0412002 PROJECT NO.: N6022- 002 - 010 — TDHWP I SHEET NUMBER: I 166 of xxx I FILE NO,: 2GG -203 Nov 13, 2002 — 13:37:53 LMILLERjX! \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203sl66,dwg 330.00' (PLAT) np 4' EXISTING 60' EASEM NT p FOR R.O.W. PURPOSES PT PLAT y o zs so too zoo GRAPHIC SCALE 109 109.1 GOL DEN GATE tSIAILS UNIT 31, a SOU TH 180 NOR TH 150 a PLAT BOOK 7, PAGE 59 110 OF TRA C T 109 OF TRA C T 109 108.1 108 PROPOSED P AL, NON- E7r[X.USIVE ROAD R.aK DRA/NA AND P OPOSED Ul1UTY EA T R. 0• EASEMENT y 41W SQUARE 150' XISTING 53' EASEMENTI w OR R. 0. W. PURPOSES EAT LINE OF SECTION 20 (PER PLAT) SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6, v, n PLAT BOOK 5, PAGES 124 -134 O y° 1 2 3 4 5 6 10 cz) N3 BL OCK 152 GOLDEN GA TE CITY UNIT 5, PLAT BOOK 5, PAGE 117 -123 BLOCK 153 I LEGAL DESCR /P770N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 109, GOLDEN GA TE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA, CONTAINING 8,100 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT gaga -- of Zlj PARCEL NO.= NOT A SURVEY # ## PREPARED BY.- WILSONMI IN LEGEND: LLLN�� R, 0. W. WNC R, 0. EASEMENT LANC T kWf R, P OFE AL SURVEYOR &MAPPER PROPOSED FLORIDA REG/STR9 LS 1'5627 R, 0. W. EASEMENT NOT VALID UNLESS SIGNED BY THE SURVEYOR AND REARN°S A RASE° av NORIN R. 0. W. =RIGHT OF WA Y RE SEALED WTH THE SURVEYORS EMBOSSED SEAL. A'"E"STWE pA rA (NAA t9R.MWA AL1,.VSTMEN7 STATE PLANE' C°aP0lNAT£ CERF/FICA TE OF AUTHOR/ZA TION / LB -43 SYSTEM (GM°) rae naw°A EAST ZONE, rwtcEl NU. 187 CLIENT: _ COWER COUNTY TRANSPORTATION, A. LI•AL60WOOe GINEERING do CONSTRUCTION MANAGEMENT DI MON wiboslmilllfil�'- TITLE: SKETCH AND DESCRIP77ON BEING PART OF THE NORTH 150` OF TRACT 109, Plerelsre • ftn wat • Ecdo&ts • Swsyors • Lsndoc" ArclVects • Tran*ortat*n comeante GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, WdsoMAiller, Inc. COLLIER COUNTY, FLORIDA NW • fid*n • SvalA • Eladaltm • TVMI DATE: PROJECT NO SHEET NUMBER: FILE NO.: Aal�� '° wle+R o•rw wlels371E'web,SAe swawiarrieTeam 04/2002 N6022- 002 - 010 -TDHWP 16E of R; XXX 2GG -203 Nov 13. 2002 — 13. 3R• 51 i I,eu _ _ _ _ -- -- 330.00' ` (PLAT) 108.1 SOU TH 150' OF TRA C T 108 109.1 w PROV9 NON —EXi R.O.W., D unuumn ��W V NOR TH 180' OF TRA C T 108 D PERPETUAL, WSW ROAD 4A/NAG& AND WEASEMENT AW AMT `q EAST LINE OF SECTION SANTA BARBARA BOULEVARD L 0 25 50 T 200 GRAPHIC SCALE GOLDEN GA TE ES TA T£T UNIT 30, PLAT BOOK 7, PA ES 58 107 107.1 PROPOSED R. 0. W. EASEMENT EXISTING 53' El SEMEN T FOR R. 0. W. PURPOSES (PER PLAT) GOLDEN GATE UNIT 6, c3, PLA T BOOK 5, PAGES 124 -134 �= I LEGAL DESCRIP710N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 108, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. # # NOT A SURVEY PREPARED BY- W/LSONMI IN LANC&ZUA,dR, P OFE AL SURVEYOR & MAPPER FLORIDA' REGIS-TRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICA TE OF AU THORIZA TION # LB- 43 NO. : 168 BEARINGS ARE BASED ON NORTH AMERICAN DATUM (NA.D) 1983 -1990 AOA/STMENT STATE PLANE COORAWATE SYSTEM (GRID) r0R rLoRvA EAST IOVE. Wil Miller -_ __.__ ---- Pk~e • fthws • Ecdools • Surveyors • Landsc" ArcMeck • Transportsfbn ConwAanle WbonMiier, Inc. Ikpbe • FM Man • ftwofe • BedaAm • Tespe .k'rl08skyL&% Bile x30 • Ak* Flails 811u5-d507 • Pbme 941-8094040 • Fe 9W- 603.511 • Web -& wnsAwAve m AHIBIT A lle-�L ofZ4 PARCEL NO. LEGEND: EXISTING R. 0 W. EASEMENT PROPOSED R. 0 W. EASEMENT R. D. W. = RIGHT OF WAY COWER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUCTION MANAGEMENT DIVISION .E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 150' OF TRACT 108, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA 0412002 1 N6022 -002- 010 -TDHWP I 168 OF XXX I— , <..v< — . . .I —, 11 111— \—, \.-- \ten -, — Uu,w,Nuaub \Juum; tea \Lggzuis luo.OW9 4 5 6 7 8 an nFN GA TF F7 TA TFS IINI T 5 9 10 P1 A T RnnK 5 11 12 PA (;F 117- 19 3 13 14 R! nCK 15 1.5.3 16 17 3 LEGAL DESCRIP710N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 108, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. # # NOT A SURVEY PREPARED BY- W/LSONMI IN LANC&ZUA,dR, P OFE AL SURVEYOR & MAPPER FLORIDA' REGIS-TRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICA TE OF AU THORIZA TION # LB- 43 NO. : 168 BEARINGS ARE BASED ON NORTH AMERICAN DATUM (NA.D) 1983 -1990 AOA/STMENT STATE PLANE COORAWATE SYSTEM (GRID) r0R rLoRvA EAST IOVE. Wil Miller -_ __.__ ---- Pk~e • fthws • Ecdools • Surveyors • Landsc" ArcMeck • Transportsfbn ConwAanle WbonMiier, Inc. Ikpbe • FM Man • ftwofe • BedaAm • Tespe .k'rl08skyL&% Bile x30 • Ak* Flails 811u5-d507 • Pbme 941-8094040 • Fe 9W- 603.511 • Web -& wnsAwAve m AHIBIT A lle-�L ofZ4 PARCEL NO. LEGEND: EXISTING R. 0 W. EASEMENT PROPOSED R. 0 W. EASEMENT R. D. W. = RIGHT OF WAY COWER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUCTION MANAGEMENT DIVISION .E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 150' OF TRACT 108, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA 0412002 1 N6022 -002- 010 -TDHWP I 168 OF XXX I— , <..v< — . . .I —, 11 111— \—, \.-- \ten -, — Uu,w,Nuaub \Juum; tea \Lggzuis luo.OW9 dl 330.00' (PLAT) —T _ t 0 29 50 100 200 GRAPHIC SCALE 108.1 108 SOUTH 150' NORTH 180 r GOLDEN BOOK TATES PA UNIT 30, OF TRA C T 108 OF TRACT 108 109.1 PROPOSED P EIUALw a 107 107.1 NON --Exau W ROAD R.a w, DR A! G& AND PROPOSED UAUTY EA ENT R. 0. W. EASEMENT $710 AMT 180' � A 180' EXISTING 53' E SEMENT � FOR R. 0. W PU POSES (PER PLA T) EAST LINE 0 SECTION 20 SANTA BARBARA BO ULEVARD GOLDEN GA T£ UNIT 6, PLAT BOOK 5, PAGES 124 -134 �'-1 ,3 4 5 6 7 8 9 10 11 12 13 114 15 16 17 GOLDEN GA FE ES TA TES UNIT 5, PL A T BOOK 5, PAGE 117 -123 BL OCK 153 LEGAL DESCR/P 110N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 180 FEET OF TRACT 108, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 9,720 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. s� NOT A'' SURVEY # ## PREPARED BY.• W(LSONMI 'INC. LANC&.LUkfR,. P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND 9CANCS AW 8ASeo av WRAY SEALED WITH THE SURVEYORS EMBOSSED SEAL. �ADWSTENTSrAr PLAWCr °IE CERFIFICA FE OF AUTHORIZATION I LB -43 SYSTEM lc+NOJ FOR FLORVA eASr lave. ¢OJECT NO.: 62081 I PARCEL NO.: 169 ft.aLk,«� wilsoolmiller Pkrywo • Emheere • Ecdcysfs • Srtwars • L.ndec pe Arm «re • Tmvperfsfion Consufents WborAdw,, Inc. J=Sde/' LwK &dt 200 • Nsp1s11 ftm* 34tl5 W7 • Mom 004#4000 • ftx orF8/J 90 • Web-Sis wwwWm7ibrcom 'XHIBIT age! of OARCEL NO. I 1P q LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W, EASEMENT R.O.W. = RIGHT OF WAY ENT: COLDER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUCTION MANAGEMENT DI MSION E` SKETCH AND DESCRIPTION BEING PART OF THE NORTH 180' OF TRACT 108, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA TEE: PROJECT NO.: SHEET NUMBER; FILE NO.: 0412002 N6022- 002- 010 -TDHWP 1 169 of XXX 200- -203 Nov 13, 2002 — 13: 48:01 LMILLERIX: \5UR \N6022 \Sketch Of Descriptions \Submitted \2gg203s169.dwg 330.00' (PLAT) 0 29 50 100 200 107 107ol GRAPHIC SCALE SOUTH 180' NORTH 150' OF TRACT 10 7 OF TRACT 107 GOLDEN PLA TGBOOK 7, TES S 5 30, PAGES 58 108 106.1 106 PROPOSED PER IUALa NON —MUS W WAD a R. O. W., MZA4SAE N ANO `~ PROPOSED 0771 7N T I R. 0. W. EASEMENT 4100 SQUARE — 150' ,A A 150 EXISTING 53 EASEMENT FOR R 0. W. PURPOSES EAST LINE OF SECTION 20 PER LAT) SANTA BARBARA BOULEVARD PLAT BOOK 5G PAGES I124 -134 7,77 13 14 15 16 17 18 19 20 21 22 21 24 OLDEN GA TE ES TA TES UNI T 5, PL A T BOOK 5, PAGE 117 -123 BL OCK 153 LEGAL DESCRIP 110N BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE NORTH 150 FEET OF TRACT 107, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. EXHIBIT Page " of PARCEL NO. l * ** NOT : A SURVEY * ** PREPARED BY.• WLSONV,1Ktf, INC (LEGEND: EXISTING R. 0. W. EASEMENT LANG T R, P OFE AL SURVEYOR &MAPPER PROPOSED R.O. W. EASEMENT FLORIDA REGISTWYOR LS 15627 R.O.W. = RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND OfARW55 ARE BASCO ON NORTH SEALED WITH THE SURVEYORS EMBOSSED SEAL. AMERICAN T SSA (N. AD) 198J- RMA AL7•.t15TMCNl STAIE PLANE CC104GYNATf SYSTEM (CM) FOR FLORIDA CAST ZONE, PROJECT OF AUTHORIZATION / LB -43 PROJECT NO.: 62081 PARCEL NO.: 171 CLIENT: COLLIER COUNTY TRANSPORTA710Na � '"°""��R�'�°�°°°°" ENGINEERING de CONSIRUCTIQN MANAGEMENT DINS/0N wit M�IIer TITLE: SKETCH AND DESCRIPTION BEING PART OF THE NORTH 150' OF TRACT 107, Pkrvlera • Engfnw8 • E-k&ts • Staveyora • Landec"Ardwock • Transportation Comutwds GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, Wdsonv*r, Inc. COLLIER COUNTY, FLORIDA Nrpbr • 1a1 *m • Svudr • tYadenlm • Twpe GATE: PROJECT NO.. SHEET NUMBER; FILE NO.: Lana R4�4 Rotiar % �+ 0412002 N6022- 002- 010 - TDHWP 171 OF XXX 2GG -203 Jul 11. 2002 - 09:27:26 JNAPlERjX; \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s171.dwg 330.00' I (PLAT) 106.1 I 106 SOUlH 150' NOR 7N 780' c- TRACT 106 OF TRACT 106 0 25 50 100 200 GRAPHIC SCALE ►-r EXISTING 60' EASEMENT FOR R. 0. W. PURPOSES PER PLAT 105.1 150' EAST LINE OF SECTION GOLDEN GA TE ES TA TES UNIT 30, PLAT BOOK 7, PAGES 58 105.2 PROPOSED R. 0. W. EASEMENT EXISTING 53' EASEMENT 'FOR R.O.W PURPOSES (PER PLAT) t SANTA BARBARA GOLDEN GA TE UNIT 6, try BOULEVARD PLAT BOOK 5, PAGES 124 -134 C 1 8 19 20 21 22 23 24 25 26 27 28 c I GOLDEN GA TE Cl TY UNI T 5, PLA T BOOK 5, PAGE 117 -123 BL OCK 153 y BLOCK 157 LEGAL DESCRIP 77ON BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 106, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. #* NOT.; A', SURVEY PREPARED ;By- WILSONMI INC LANC T R, P OFE AL SURVEYOR dr MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND aE'ARNOS ARE BASED aN NORTH SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. ADXSTYEN7STATE( PLAT COORIDWATE CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (GRID) FOR FLORIDA EAST ZONE. tOJECT NO.: 82081 I PARCEL NO.: 172 t WNW,,& - RUGL;Z=- wilsonmiller Ptuvtera • Enpneera • Ecdapkta • &rmsyora • Lwdac"ArcMects • TmWortatbn ConsuBants WllsorAber, Inc. Akdm • Fnt Myers • Snack • ftd*U • Tatpa EXHI1BIT 41. f Page. of l q PARCEL NO. /'/C>'-' LEGEND: EXISTING R.O.W. EASEMENT PROPOSED R. 0. W, EASEMENT R. 0. W. = RIGHT OF WAY 0.N : COWER COUNTY TRANSPORTATION. ENGINEERING do CONSTRUCTION MANAGEMENT DIVISION " "E` SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 150' OF TRACT 106, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA J100 BakyLanq tA/te 200 • Napk{ ftadd� 3�IOS di07 •Phan Ap-B/LF4000 • Pu WFe0. Vld • ft-sfe ww*6m w..am f 0412002 I N6022— 002— 010 — TDHWP I 172 OF XXX Nov 13, 2002 — 13:59: 24 LMILLERIX: \SUR \N6022 \Sketch Of Description s \Submitted \2gg203s172.dwg .. I PERPEWAL • •, , • i ►• GE, MD ` U 77U EASE t 41W Fa7 150' EAST LINE OF SECTION GOLDEN GA TE ES TA TES UNIT 30, PLAT BOOK 7, PAGES 58 105.2 PROPOSED R. 0. W. EASEMENT EXISTING 53' EASEMENT 'FOR R.O.W PURPOSES (PER PLAT) t SANTA BARBARA GOLDEN GA TE UNIT 6, try BOULEVARD PLAT BOOK 5, PAGES 124 -134 C 1 8 19 20 21 22 23 24 25 26 27 28 c I GOLDEN GA TE Cl TY UNI T 5, PLA T BOOK 5, PAGE 117 -123 BL OCK 153 y BLOCK 157 LEGAL DESCRIP 77ON BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF TRACT 106, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. #* NOT.; A', SURVEY PREPARED ;By- WILSONMI INC LANC T R, P OFE AL SURVEYOR dr MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND aE'ARNOS ARE BASED aN NORTH SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. ADXSTYEN7STATE( PLAT COORIDWATE CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (GRID) FOR FLORIDA EAST ZONE. tOJECT NO.: 82081 I PARCEL NO.: 172 t WNW,,& - RUGL;Z=- wilsonmiller Ptuvtera • Enpneera • Ecdapkta • &rmsyora • Lwdac"ArcMects • TmWortatbn ConsuBants WllsorAber, Inc. Akdm • Fnt Myers • Snack • ftd*U • Tatpa EXHI1BIT 41. f Page. of l q PARCEL NO. /'/C>'-' LEGEND: EXISTING R.O.W. EASEMENT PROPOSED R. 0. W, EASEMENT R. 0. W. = RIGHT OF WAY 0.N : COWER COUNTY TRANSPORTATION. ENGINEERING do CONSTRUCTION MANAGEMENT DIVISION " "E` SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 150' OF TRACT 106, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA J100 BakyLanq tA/te 200 • Napk{ ftadd� 3�IOS di07 •Phan Ap-B/LF4000 • Pu WFe0. Vld • ft-sfe ww*6m w..am f 0412002 I N6022— 002— 010 — TDHWP I 172 OF XXX Nov 13, 2002 — 13:59: 24 LMILLERIX: \SUR \N6022 \Sketch Of Description s \Submitted \2gg203s172.dwg ,330.00' 1 (PLAT) 106.1 SOU TH 150' c' TRACT 106 107.1 0 106 NORTH 1801 OF TRACT 106 PROPOSED PER E7UAL, NON— EXCLUSI ROAD R. 0. W., DRAINA AND U77LITY EA SEA ENT 8,100 SQUARE fiT EAST LINt OF SEC77ON 20 SANTA BARBARA BOULEVARD /u li 0 25 50 100 200 GRAPHIC SCALE GOLDEN WE E UNIT 6, cn � PLA T BOOK 5, PAGES 124 -134 18 19 1 20 21 1 22 1 23 1 24 1 25 1 26 27 28 GOLDEN GA TF Cl TY UN/ T 5, PLA T BOOK 5, PAGE 117 -123 BLOCK 153 O y y 1 BLOCK 157 LEGAL DESCRIPTION BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 106, GOLDEN GA TF ESTA TES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RE57RICTTONS OF RECORD. REVISED 06 -01 -04 EXHIBIT Page of D PARCEL NO. /`2,3 i * ** NOT A SURVEY * ** PREPARM,RK WILSONMIUER, INC. LEGEND: A"6:. EXIS'RNG D Ei 1zolye R. 0. W. EASEMENT A REW B. BECK, PROFESSIONAL SURWYOR k MAPPER PROPOSED FLORIDA REGIS TRA77ON LS P065 R.O.W. EASEMENT R. 0. W. = RIGHT OF WAY NOT VAUD UNLESS SIGNED BY THE SURVEYOR AND ME40M Aff SUM av KOM SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. SMNA T T Za% Easy CERFlFlCA7F OF AUTHORIZA 110N / LB -43 sysW (QW) FIX fLOaw PROJECT NO.: 62081 I PARCEL NO. 173 wAdw.so - az„ e.L04xw. Wig nMiller PWrwrs • 8giaa* • Eooivbb • a.w " • Lawn w o *wscb • 1}anpa bum caw"* Mon • Fmf 9�aMMs+ • Tieq aexnar�y arr aao • M pY4 f6rtl� saaFe�v • Rmr •Fir lN� • Mwm, ,,nftm&m, —1; COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION E: SKETCH AND DESCRIPTION BEING PART OF 7HE NORM 180' OF TRACT 106, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA fE: PROJECT NO.: SHEET NUMBER: I FILE NO.: 0412002 N6022- 002 - 010 —TDHWP I 173 OF XXX 2GG -20 Iv EXIS71NG 60' EASEMENT FOR R.O.W. PURPOSES PER PLAT 105.1 GOLDEN GA 7F ES TA TES UNIT 30, PLAT BOOK 7, PAGES 58 0 105.2 `~ y PROPOSED R. 0. W. EASEMENT 30' 1 EXISTING 53' EASEMENT /FOR R 0. W. PURPOSES PER PLAT) � i GOLDEN WE E UNIT 6, cn � PLA T BOOK 5, PAGES 124 -134 18 19 1 20 21 1 22 1 23 1 24 1 25 1 26 27 28 GOLDEN GA TF Cl TY UN/ T 5, PLA T BOOK 5, PAGE 117 -123 BLOCK 153 O y y 1 BLOCK 157 LEGAL DESCRIPTION BEING THE WEST 54 FEET OF THE EAST 107 FEET OF THE SOUTH 150 FEET OF THE NORTH 180 FEET OF TRACT 106, GOLDEN GA TF ESTA TES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 8,100 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RE57RICTTONS OF RECORD. REVISED 06 -01 -04 EXHIBIT Page of D PARCEL NO. /`2,3 i * ** NOT A SURVEY * ** PREPARM,RK WILSONMIUER, INC. LEGEND: A"6:. EXIS'RNG D Ei 1zolye R. 0. W. EASEMENT A REW B. BECK, PROFESSIONAL SURWYOR k MAPPER PROPOSED FLORIDA REGIS TRA77ON LS P065 R.O.W. EASEMENT R. 0. W. = RIGHT OF WAY NOT VAUD UNLESS SIGNED BY THE SURVEYOR AND ME40M Aff SUM av KOM SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. SMNA T T Za% Easy CERFlFlCA7F OF AUTHORIZA 110N / LB -43 sysW (QW) FIX fLOaw PROJECT NO.: 62081 I PARCEL NO. 173 wAdw.so - az„ e.L04xw. Wig nMiller PWrwrs • 8giaa* • Eooivbb • a.w " • Lawn w o *wscb • 1}anpa bum caw"* Mon • Fmf 9�aMMs+ • Tieq aexnar�y arr aao • M pY4 f6rtl� saaFe�v • Rmr •Fir lN� • Mwm, ,,nftm&m, —1; COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION E: SKETCH AND DESCRIPTION BEING PART OF 7HE NORM 180' OF TRACT 106, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA fE: PROJECT NO.: SHEET NUMBER: I FILE NO.: 0412002 N6022- 002 - 010 —TDHWP I 173 OF XXX 2GG -20 106 �I y EXISTING 60' EASEMENT FOR R. O. W. PURPOSES PER PLAT �o N Zi ly J76.46' GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGES 58 105.1 30" 105.2 EAST �68.6� OF TR C 05 PROPOSED PERPETUAL. NON - EXCLUSIVE ROAD R.O.W., DRA/NAo& AND UIJUTY EASW IVT 1$711 $WARE FEET 346.50' 00, 0 23 50 100 200 b b GRAPHIC SCALE 0 r 2 z a y a y PROPOSED R. 0. W. EASEMENT 1' 77 L—L w 2017 376.50' (PLAT) _ 21 16 SANTA BARBARA GOLDEN CATE UNIT 6, BOULEVARD PLAT BOOK 5, PA 3ES 124 -134 24 25 2 227 28 °C I b i QL OCK 1 3 EXISTING 53' EASEMENT 'FOR PER PL AT) 2 BLOCK 157 N BL K 158 GOLDEN GA TE CITY UNIT 5, PL T BOOK 5, PAGE 117 -123 C b LEGAL DESCR/P RON BEING THE NORTH 346.50 FEET OF THE WEST 54 FEET OF THE EAST 107 FEET OF THE EAST 268.62 FEET OF TRACT 105, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 18,711 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. ## NOT A SURVEY PREPARED BY.- WLSONMI IN LANG T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRAY109 LS 15627' NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EM8OSSED SEAL. CERFIFICATE OF AUTHORIZATION / LB -43 BEARINGS ARE BASED ON NORTH AMERICAN DATUM (MA,D) 1983 -7990 AD.A/STMENT STATE PLANE C0"NA rE SYSTEM (GRID) FOR FLDRNTA EAST ZONE. PROJECT NO.: 62081 1 PARCEL NO.: 174 Nb." 1,Lc - M1Lkd LC-= wilsonmiller Pleonen • Enow n • Ecokole • Swveyora • Lwdsc" AroMocts - Transportation Cw rants wdeonh wr; Inc. N*W • Ful*w • Saruola • &adwtm • Two 8200 Baby Lang 81M 100 • N4* Ryida W -8507 • ftw 911 -Wd010 • Fu ~ON • Wab-Sh wtwwkomkrcau EXHIBIT /� Page �of� PARCEL NO.� 12Wl LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED X X 7 R.O. W. EASEMENT R. 0. W, = RIGHT OF WAY LN1: COWER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION E` SKETCH AND DESCRIPTION BEING PART OF THE EAST 268.62' OF TRACT 105, GOLDEN GATE ESTATES UNIT 31, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA 0412002 1 N6022- 002 - 010 —TOHWP 1 174 OF XXX .— ." t v[ - I - vv: — uvni-LILRIn: \wr<\rvovZt \JKelcn uT uescripuons \auomit ieo \LggZUSs,, /4. dwg 2 BEARWGS ARE BASED OV NORM SEALED WITH THE SURVEYOR'S'EM80SSED SEAL. AMERICAN DATUM (MAX) 190 -1990 ADJVSTLQNT STATE PLANE COORaNATE a SYSTEM (C90) FOR FLORIDA CAST ZONE. v ti N3 -� � a 0 I 1 PROPOSED R. 0. W. EASEMENT P.O.B. v P.O.C. —� 330.00' (PLAT) 113 , WES T 300' OF TRACT 113 GOLDEN GA TE ES TA TES UNIT 33, PLAT BOOK 7, PAGE 60 113 LESS THE WEST 300' PROPOSED PERPETUAL, NOON- ExausW ROAD R.O.W., DRAINAGE, AND — U77UTY EASEMENT 14610 sOVAW FEET h^�` �NZh (1) / N.01'16'19 "W. 158.26' 05 EXISTING 53' EASEMENT ,FOR R. 0. W. PURPOSES, \ \ (PER PLAT) \ \\ w a �= O h a klorlm 0 25 50 100 200 GRAPHIC SCALE 15 — EXISTING 60' EASEMENT FOR R. 0. W. PURPOSES PER PLAT GOLDEN GATE UNIT 6, S.0109'10'E. 330.02'(., i SANTAI BARBARA PLAT BOOK 5, PAGES 124 -134 BO LEVARD 15.1 EAST f INE OF SECTION 17 LEGAL DESCRIP 110N ALL THA T PART OF TRACT 113, LESS THE WEST 300 FEET, GOLDEN GA TE ESTA TES UNIT 33, PLA T BOOK 7, PAGE 60, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHEAST CORNER OF SAID TRACT 113, A POINT ON THE EAST LINE OF SECTION 17, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 892739" WEST 5300 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 89 27 39 " WEST 51.89 FEET. THENCE LEAVING SAID SOUTH TRACT LINE NORTHERLY 67.84 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY HAVING A RADIUS OF J,060.00 FEET THROUGH A CENTRAL ANGLE OF 01116,1j" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 015426" WEST 67.84 FEET; THENCE NORTH 01'16'19" WEST 158.26 FEET- THENCE NORTH 45 53'19 " WEST 105.35 FEET; ; ::X H I B IT A THENCE NORTH 8929'42° EAST 127.27 FEET, ��• agq( c' of THENCE SOUTH 0109'10" EAST 300.05 FEET TO THE POINT OF BEGINNING._ =tL' CONTAINING 18,610 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. #'# NOT A PREPARED BY; SURVEY# INC. & MAPPER FLORIDA REGISTRA7AV LS 15627 CURVE NUMBER l RADIUS= 3060.00 DELTA= 01'16'13" ARC= 67.84' TANGENT= 33.92' CHORD= 67.84' CHORD BRG. N 015426 "W. NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARWGS ARE BASED OV NORM SEALED WITH THE SURVEYOR'S'EM80SSED SEAL. AMERICAN DATUM (MAX) 190 -1990 ADJVSTLQNT STATE PLANE COORaNATE CERFIFICATE OF AUTHORIZATION LB -43 SYSTEM (C90) FOR FLORIDA CAST ZONE. ROJECT NO.: 62081 ' PARCEL NO.: 176 i- -- wilonmilter PW~o • Erpiiwo • EcologWo • Swwyore - Lan&c" ArWocfe • Traneporfafbn ConoWhnfe ftonWer, Inc. AbpW • RrlWn • Smtefe • Br&*ft • Teepa 820 RAYLm 9*200 • *k PW* 81 "7 • Pf" M4 4 M • Fu ~um - Web -91e www w**ram PARCEL NO. LEGEND: EXISTING R, 0. W EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WAY P.O.B. = POINT OF BEGINNING P. 0. C. = POIN T OF COMMENCEMENT CLIENT: COWER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUCTION MANAGEMENT DIWWON TITLE` SKETCH AND DESCRIPTION BEING PART OF TRACT 113, GOLDEN GATE ESTATES UNIT 33, PLAT BOOK 7, PAGE 60, COLLIER COUNTY, FLORIDA 0412002 1 N6022 -002- 010 —TDHWP 1 176 of XXX 1 200- -203 .— 11. 1-1 — 1 +.—.G uwiLLCJA \J \1 -44 \—t LCrI V1 Ue50rIfJlionS \JUDM11 C1 \ZggeUJS1/b.0Wq LEGAL DESCRIPTION BEING A POR710N OF TRACT A, GREEN BOULDEVARD PUD, SAME BEING A FORMER PORTION OF LOT 1, BLOCK 152, GOLDEN GATE UNIT 4, PART 1, PLAT BOOK 9, PAGE 122, AS DESCRIBED IN O.R. BOOK 1811, PAGE 2315, COLLIER COUNTY, FLORIDA, AND BEING MORE PAR 77CULARLY DESCRIBED AS FOLLOWS,• COMMENCING AT THE CENTERLINE INTERSECRON OF SANTA BARBARA BOULEVARD AND 16TH PLACE S W.; THENCE NORTH 010456' WEST 289.90 FEET THENCE NORTH 8850'50' EAST 5100 FEET TO THE POINT OF BEGINNING; THENCE NORTH 010456" WEST 43.95 FEET; THENCE NORTHEASTERLY 39.52 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 903437" AND BEING SUBTENDED BY A CHORD WWICH BEARS NORTH 447223" EAST 35.53 FEET,• THENCE NORTH 897942' EAST 60.87 FEET THENCE WESTERLY 52.12 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 168.00 FEET 7HROUGH A CENTRAL ANGLE OF 174632" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 8036'25" WEST 51.91 FEET; THENCE SOUTH 423855" WEST 41.21 FEET; THENCE SOUTHERLY 31.73 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEAS7ERLY HAVING A RADIUS OF 168.00 FEET THROUGH A CENTRAL ANGLE OF 10'49'17' AND BEING SUB7ENDED BY A CHORD WHICH BEARS SOUTH 1079'43" WEST 31.68 FEET TO THE POINT OF BEGINNING. CONTAINING 976 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RES7RIC710NS OF RECORD. * ** NOT A SURVEY * ** CURVE TABLE NO. RADIUS DELTA ARC TANGENT CHORD CHORD BEARING 1 168.0' 174632" 52.12' 26.27' 51.91' S8036'25'W. 2 168.00' 10 49'17" 31.73' 15.91' 31.68' S 107943 "W. 3 2500' 90'3437" 39.52' 25.25' 35.53' N.447223E. PREPARE WILSONMILf ER, C. l PARCEL NO. � ANDREW B. BECK, PROFESSIONAL SURVEYOR do MAPPER FLORIDA REGIS7RAVON LS P065 NOT VALID UNLE4S SIGNED BY THE SURVEYOR AND eUNM Aff AUM av MOM SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. M X W =ir zwe CERRnCA7E OF AU HORIZAIION / LB -43 s mw) naeaaaot �sr PROJECT NO.: 62081 I PARCEL NO.: 177 Il�il Mill e Awws • awho n • EooruyYq • a w - • LWX%=peMcAMob • TmWortmft ConrR�nlr wbw Alter, ha =a+ruff4 &h xv • mpw,Fatr 3mm • Foe $640.40 • ru *404m • N w ab mmlhnlftxm Jun 08. 2004 — 13:14:08 KRIMESIX: \SUR\N6022 \Sketch Of Descriptions \Si PROPOSED R. 0. W. R.O.W. - RIGHT OF WAY P.O. B. = POINT OF BEGINNING P. D. C. - POINT OF COMMENCEMENT REVISED 06 -07 -04 "" COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION E: SKETCH AND DESCRIPTION BEING PART OF LOT 1, GOLDEN GATE UNIT 4, PART 1, PLAT BOOK 9, PAGE 122, COLLIER COUNTY, FLORIDA 0412002 I N6022 -002- 010 —TDHWP 1 177 of XXXI 2GG -203 Itted \2gg203s177.dwg GOLDEN GA TE ES TA TES UNIT 3.3, ell 1w Lj BXHIB T,�T BOOK 7, PAGE 60 o Page of�j, 0 25 50 100 200 K) S2 GRAPHIC SCALE PROPOSED R. 0, W. EASEMENT � I P.O. C,. EXIS77NG 53' EASEMENT FOR R PER PLAT) OSES 53.000'50 "E "W EAST NE OF SECTION 17 N0104 6 289.90 � GOLDEN GATE UNIT 6, P.O.B. c. r O SANTA BARBARA � PLAT BOOK 5, PAGES 124 -134 L3 BOULEVARD �� J � �2J GREEN BO UL VA RD P UD `- I6 TRACT 1 "A" I b LINE TABLE Line Bearing Distance p p� y FEE SIMPLE TAKING L1 58979'42W. 56.18' L2 S.4238'55 "W. 41.21' 'y 976 SQUARE FEET L3 N.Ol n4'56'W. 4195' L4 N.897942'E. 60.87' BLOCK 1152 - ~ — — 2 � y GOLDEN GATE UIVIT 4, PART 1, PLAT BOOK 91 PAGE 122 EXISnNG 100' EAS MENT I N.E. OF NER FOR R.O.W. PURPOSES ER PLAT 2 15 DAM/CO CRES PLAT BOOK PAGE 19 LEGAL DESCRIPTION BEING A POR710N OF TRACT A, GREEN BOULDEVARD PUD, SAME BEING A FORMER PORTION OF LOT 1, BLOCK 152, GOLDEN GATE UNIT 4, PART 1, PLAT BOOK 9, PAGE 122, AS DESCRIBED IN O.R. BOOK 1811, PAGE 2315, COLLIER COUNTY, FLORIDA, AND BEING MORE PAR 77CULARLY DESCRIBED AS FOLLOWS,• COMMENCING AT THE CENTERLINE INTERSECRON OF SANTA BARBARA BOULEVARD AND 16TH PLACE S W.; THENCE NORTH 010456' WEST 289.90 FEET THENCE NORTH 8850'50' EAST 5100 FEET TO THE POINT OF BEGINNING; THENCE NORTH 010456" WEST 43.95 FEET; THENCE NORTHEASTERLY 39.52 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 903437" AND BEING SUBTENDED BY A CHORD WWICH BEARS NORTH 447223" EAST 35.53 FEET,• THENCE NORTH 897942' EAST 60.87 FEET THENCE WESTERLY 52.12 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 168.00 FEET 7HROUGH A CENTRAL ANGLE OF 174632" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 8036'25" WEST 51.91 FEET; THENCE SOUTH 423855" WEST 41.21 FEET; THENCE SOUTHERLY 31.73 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEAS7ERLY HAVING A RADIUS OF 168.00 FEET THROUGH A CENTRAL ANGLE OF 10'49'17' AND BEING SUB7ENDED BY A CHORD WHICH BEARS SOUTH 1079'43" WEST 31.68 FEET TO THE POINT OF BEGINNING. CONTAINING 976 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RES7RIC710NS OF RECORD. * ** NOT A SURVEY * ** CURVE TABLE NO. RADIUS DELTA ARC TANGENT CHORD CHORD BEARING 1 168.0' 174632" 52.12' 26.27' 51.91' S8036'25'W. 2 168.00' 10 49'17" 31.73' 15.91' 31.68' S 107943 "W. 3 2500' 90'3437" 39.52' 25.25' 35.53' N.447223E. PREPARE WILSONMILf ER, C. l PARCEL NO. � ANDREW B. BECK, PROFESSIONAL SURVEYOR do MAPPER FLORIDA REGIS7RAVON LS P065 NOT VALID UNLE4S SIGNED BY THE SURVEYOR AND eUNM Aff AUM av MOM SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. M X W =ir zwe CERRnCA7E OF AU HORIZAIION / LB -43 s mw) naeaaaot �sr PROJECT NO.: 62081 I PARCEL NO.: 177 Il�il Mill e Awws • awho n • EooruyYq • a w - • LWX%=peMcAMob • TmWortmft ConrR�nlr wbw Alter, ha =a+ruff4 &h xv • mpw,Fatr 3mm • Foe $640.40 • ru *404m • N w ab mmlhnlftxm Jun 08. 2004 — 13:14:08 KRIMESIX: \SUR\N6022 \Sketch Of Descriptions \Si PROPOSED R. 0. W. R.O.W. - RIGHT OF WAY P.O. B. = POINT OF BEGINNING P. D. C. - POINT OF COMMENCEMENT REVISED 06 -07 -04 "" COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION E: SKETCH AND DESCRIPTION BEING PART OF LOT 1, GOLDEN GATE UNIT 4, PART 1, PLAT BOOK 9, PAGE 122, COLLIER COUNTY, FLORIDA 0412002 I N6022 -002- 010 —TDHWP 1 177 of XXXI 2GG -203 Itted \2gg203s177.dwg SANTA B rARD BO ULE EAST LINE OF SECTION 17 EXISTING 150' R. 0. W. -" .D. BOOK J. PAGES 1 -5 0 ZS 50 100 200 GRAPHIC SCALE LEGAL DESCRIPTION ALL THAT PART OF LOT 2 DAMICO ACRES, PLAT BOOK 20, PAGE 19, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,• COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG SOUTH LINE OF SAID LOT SOUTH 89-2942- WEST 238.84 FEET,• THENCE NORTH 00:30'18" WEST 30.00 FEET TO THE POINT OF BEGINNING,• THENCE SOUTH 897942" WEST 230.54 FEET,• THENCE NORTH 45:30'15" WEST 29.78 FEET, THENCE ALONG THE EASTERLY LINE OF EXISTING RIGHT OF WAY DESCRIBED IN R.D. BOOK 3 PAGE 1 -5, COLLIER COUNTY, FLORIDA, NORTH 0030'14" WEST 10.43 FEET- THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE SOUTH 7648'06" EAST 56.93 FEET THENCE NORTH 892941" EAST 112.95 FEET,, THENCE SOUTH 7878'59" EAST 85.26 FEET TO THE POINT OF BEGINNING. CONTAINING 3,930 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, REVISED 1211012002 * ** NOT A SURVEY * ** PREPARED BY.• WLSONM , INC. LANG. R, P OFE AL SURVEYOR do MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY .THE SURVEYOR AND K~ ANC sAND ON NWN r A1!'R/CAN QARAV (NAO) 7941 -1990 SEALED WITH THE SURVEYORS EMBOSSED SEAL. ADA6A"r STA1C FLAW coavmjr SYSTEM (OW) raf nGWA CAST IONS: CERFIFICATf OF AUTHORIZATION / LB -43 .wnvl NW 62081 1 PANOEL ND. : 178 wilsomillsk �.a�L� Pl— • Frphws ' • 9—yon • L6rK ook- kwocb • Trurpart om Cm SAIS wbonbf w,, w- IipW • FwI A6= • &nL ak • &*dWo • Trop 3 00AAt Lw* maw • *k Arw 6605.6607 • fto W60-40 • Fir 6p40" • web 66 m*mw&4 m EXHIBI Page o . PARCEL Np,_� (7 LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WAY P.O. B. = POINT OF BEGINNING P. 0. C. = POINT OF COMMENCEMENT "" COLLIER COUNTY TRANSPORTA710N, ENGINEERING do CONS7RUC770N MANAGEMENT DIWS/QN .E: SKETCH AND DESCRIP77ON BEING PART OF LOT 2, DAM1CO ACRES, PLAT BOOK 20, PAGE 19, COLLIER COUNTY, FLORIDA 0412002 1 N6022- 002 - 010 -TDHWP I 178 OF XXX u"..wc..1— \ av vs vcaanp,iuns \Duom R[aa N499LvJsi /o.awg .y1• N. 00 JO'14 "W. .�h • 10.43' PROM PERPETUAL, w w NON -EX U.9kE ROAD R.D.W., D NAGS, AND �t unuTY ASEMENT o k 11145 Ix, MT Cz ti bb 2.1 4 Gi OAMlCO CRES GOL DEN GA TE TA TES UNI T 34, PLAT BOOK PAGE 19 PLAT BOOK 7, PAGE 23 N .0 O 30'l "W. -�--- EXISTING 30' £AS£M , NT ti FOR R, 0, W. PURPOSES P R PLAT P.O. C. A ti EXISTING 50' EASEMENT LOGAN B ULEVARD SE. CORNER 180.05' (PLAT) f R.O.W. PURPOSES PER PLAT OF LOT 2 LEGAL DESCRIPTION ALL THAT PART OF LOT 2 DAMICO ACRES, PLAT BOOK 20, PAGE 19, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,• COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG SOUTH LINE OF SAID LOT SOUTH 89-2942- WEST 238.84 FEET,• THENCE NORTH 00:30'18" WEST 30.00 FEET TO THE POINT OF BEGINNING,• THENCE SOUTH 897942" WEST 230.54 FEET,• THENCE NORTH 45:30'15" WEST 29.78 FEET, THENCE ALONG THE EASTERLY LINE OF EXISTING RIGHT OF WAY DESCRIBED IN R.D. BOOK 3 PAGE 1 -5, COLLIER COUNTY, FLORIDA, NORTH 0030'14" WEST 10.43 FEET- THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE SOUTH 7648'06" EAST 56.93 FEET THENCE NORTH 892941" EAST 112.95 FEET,, THENCE SOUTH 7878'59" EAST 85.26 FEET TO THE POINT OF BEGINNING. CONTAINING 3,930 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, REVISED 1211012002 * ** NOT A SURVEY * ** PREPARED BY.• WLSONM , INC. LANG. R, P OFE AL SURVEYOR do MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY .THE SURVEYOR AND K~ ANC sAND ON NWN r A1!'R/CAN QARAV (NAO) 7941 -1990 SEALED WITH THE SURVEYORS EMBOSSED SEAL. ADA6A"r STA1C FLAW coavmjr SYSTEM (OW) raf nGWA CAST IONS: CERFIFICATf OF AUTHORIZATION / LB -43 .wnvl NW 62081 1 PANOEL ND. : 178 wilsomillsk �.a�L� Pl— • Frphws ' • 9—yon • L6rK ook- kwocb • Trurpart om Cm SAIS wbonbf w,, w- IipW • FwI A6= • &nL ak • &*dWo • Trop 3 00AAt Lw* maw • *k Arw 6605.6607 • fto W60-40 • Fir 6p40" • web 66 m*mw&4 m EXHIBI Page o . PARCEL Np,_� (7 LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WAY P.O. B. = POINT OF BEGINNING P. 0. C. = POINT OF COMMENCEMENT "" COLLIER COUNTY TRANSPORTA710N, ENGINEERING do CONS7RUC770N MANAGEMENT DIWS/QN .E: SKETCH AND DESCRIP77ON BEING PART OF LOT 2, DAM1CO ACRES, PLAT BOOK 20, PAGE 19, COLLIER COUNTY, FLORIDA 0412002 1 N6022- 002 - 010 -TDHWP I 178 OF XXX u"..wc..1— \ av vs vcaanp,iuns \Duom R[aa N499LvJsi /o.awg 113 r w� C o. a. r i a; b FOR EXISTING PURPOSES PER PLAT I " GOLDEN GA TE ES TA TES UNIT 33, PLAT BOOK 7, PAGE 60 0 °o PROPOSED PERPETUAL, 115.1 a NON- EXCLUSIVE ROAD ti R. 0. W., DRAINAGE, AND EAST 255' UTILITY EASEMENT of rRa c T 115 1,124 SQUARE FEET L1 .L3`, A0.C. S E. CORNER OF TRACT 115 660.00' (PLA T) P.O.B. EAST LINE OF SECTION 17 SANTA BARBARA �XISTiNG 150' EASEMENT FOR R,, 0, PLARP OSES (PER BOULEVARD 0 25 SO 100 200 GRAPHIC SCALE LEGAL DESCRIPTION ALL THA T PART OF THE EAST 255 FEET OF TRACT 115, GOLDEN GA TE ES TA TES UNI T 33, PLA T BOOK 7, PAGE 60, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 115; THENCE ALONG THE EAST LINE OF SAID TRACT NORTH 00:30'18" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID EAST TRACT LINE SOUTH 892942" WEST 6364 FEET; THENCE NORTH 6027'15" EAST 72.79 FEET TO THE BEFORE MENTIONED EAST TRACT LINE; THENCE ALONG SAID EAST TRACT LINE SOUTH 00;30'18" EAST 35.33 FEET TO THE POINT OF BEGINNING. CONTAINING 1,124 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. i`q PARCEL NO..____ EXHIBIT, Page ( of_�Ni _ LINE TABLE REVISED 1211012002 Line Bearing Distance L1 N.0030'18 "W. 30.00' * ** NOT A SURVEY * ## L3 S.0030'18'E 35.33' PREPARED BY.- MLSONM97f, INC. WMAW `SURVEYOR & MAPPER FLORIDA REG'ISTRA71C1N LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEAWGS ARE BASED ON NORTH SEALED W/TH THE SURVEYORS EMBOSSED SEAL. ,�DXSW r STALE '�NEl OORDWATE CERFIFICA TE OF AUTHORIZATION I LB -43 Srsawl (m) raR aORIDA EAST ZONE LEGEND: EXISTING R. 0. W. EASEMENT �' PROPOSED ' . ' : ' R. 0. W. EASEMENT R. 0. W. = RIGHT OF WA Y P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT PROJECT NO.: 62081 1 PARCEL NO.: 179 CLIENT: COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTION W PART OF THE EAST 255' OF TRACT 115, Planers • Enp nwv • E -Io&te - S—y— • L—bct - Archl -to • Tr- sWetkr Coneultenle GOLDEN GA TE ESTA TES UNI T 33, PLA T BOOK 7, PAGE 60, Wt1BOnMgor Lnc COLLIER COUNTY, FLORIDA N4*t . Fcd* a . Sus" . &&*Ap, . Typo DATE: PROJECT NO.: SHEET NUMBER: I FILE NO.: aaOO8 WYUX & e XO • N4* POW 34*07 • fto W446 D4O • In -M • Webb rrleeierm&com 0412002 N6022-002-010- TDHVP 1 179 of XXX I 2GG -203 330.00' (PLAT) --� 3 EAST LINE OF SECTION 17 -- 0 28 50 100 200 12 GRAPHIC SCALE I 1 1 GOLDEN GATE ES TA TES UNI T 34, 10.1 PLA T BOOK 7, PAGES 23 I 1 23.1 1 22.1 22 LEGAL DESCRIPT10N ALL THA T PART OF TRACT 11, GOLDEN GA TE ES TA TES UNI T 34, PLA T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 11; THENCE SOUTH 892942" WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 02'36'19" WEST 180.12 FEET THENCE NORTH 892942" EAST 6.71 FEET; THENCE SOUTH 0028'17" EAST 180.00 FEET TO THE POINT OF BEGINNING, CONTAINING 604 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 516104 KLR /502 * ** NOT A SURVEY * ** PREPARED BY- WILSO, M! INC LANC T {7 P OFE AL' SURVEYOR do MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED AN NORTH SEALED WITH THE SURVEYORS EMBOSSED SEAL. "SWENT STA I RANE1 COMWATE CERFIFICATE OF AUTHORIZATION / LB -43 SrSTCV 1GR�n1 FOR FIMA EAST ZW.. 10JECT NO. 6208 I PARCEL NO.: 196 VAMAW:a -RLWL"m w lonmiller PrNrwn • fthaa. • S amyon • L&%bc -Ard*ocb • 7iamporfrdavi C nrAanN WisoT1ILi1si; ho. MgoM • FaIl6o • Swu* • &addm • 4mp W09dry L" dM 270 • NWk AxA 3W$- 7 • &w WtIP"• At U40 78 • MMbBM rmu * mhrx m EXHIBIT ,4 Page of JSI� ')A RCEL NO ( q& LEGEND: EXISTING R. 0. W, EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WAY ` "" COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 11, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA N6022 -002- 010 - TDHWP 1 196 OF xxx 12GG -20.3 05, 2004 — IUtU /:U9 KKIMLSJX: \SUK \NbUZZ \Sketch UT Uescnpt ions \submitted \Zgg2UJs19b.owg a SOUTH 180' NORTH 150' o OF TRA C T 11 F TRACT 11 S a Q Q 12.1 y , PROPLES TUAL, a NON -ROAD R. a W. AND P.O.B. UTINT PROPOSED cz 80T 1 R. 0. W EASEMEN T N0236'19 "W 180.12' ti EXISTING 50' EASEMENT FOR R. 0. W PURPOSES PL AT) 180' LOGAN BOULEVARD EXISTING 50' EASEMENT FOR R O W PURPOSES P.O. C. PER PL AT) 23.1 1 22.1 22 LEGAL DESCRIPT10N ALL THA T PART OF TRACT 11, GOLDEN GA TE ES TA TES UNI T 34, PLA T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 11; THENCE SOUTH 892942" WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 02'36'19" WEST 180.12 FEET THENCE NORTH 892942" EAST 6.71 FEET; THENCE SOUTH 0028'17" EAST 180.00 FEET TO THE POINT OF BEGINNING, CONTAINING 604 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 516104 KLR /502 * ** NOT A SURVEY * ** PREPARED BY- WILSO, M! INC LANC T {7 P OFE AL' SURVEYOR do MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED AN NORTH SEALED WITH THE SURVEYORS EMBOSSED SEAL. "SWENT STA I RANE1 COMWATE CERFIFICATE OF AUTHORIZATION / LB -43 SrSTCV 1GR�n1 FOR FIMA EAST ZW.. 10JECT NO. 6208 I PARCEL NO.: 196 VAMAW:a -RLWL"m w lonmiller PrNrwn • fthaa. • S amyon • L&%bc -Ard*ocb • 7iamporfrdavi C nrAanN WisoT1ILi1si; ho. MgoM • FaIl6o • Swu* • &addm • 4mp W09dry L" dM 270 • NWk AxA 3W$- 7 • &w WtIP"• At U40 78 • MMbBM rmu * mhrx m EXHIBIT ,4 Page of JSI� ')A RCEL NO ( q& LEGEND: EXISTING R. 0. W, EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WAY ` "" COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E: SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 11, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA N6022 -002- 010 - TDHWP 1 196 OF xxx 12GG -20.3 05, 2004 — IUtU /:U9 KKIMLSJX: \SUK \NbUZZ \Sketch UT Uescnpt ions \submitted \Zgg2UJs19b.owg It IL-1 330.00' (PLAT) EAST LINE OF SECTION 17 6kiL 0 25 50 100 200 12 GRAPHIC SCALE ALL THAT PART OF TRACT 11, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 11; THENCE SOUTH 892942" WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00'28'17" EAST 150.00 FEET; THENCE SOUTH 892942" WEST 6.71 FEET; THENCE NORTH 02'36'19" WEST 150.10 FEET; THENCE NORTH 892942" EAST 12.30 FEET TO THE POINT OF BEGINNING. CONTAINING 1,427 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 516104 KLR /502 NOT A SURVEY ## PREPARED BY- WILSONMI INC. LANC T R, P OFE 4i SURVEYOR & MAPPER FLORIDA REGISTRATON LS .15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEAROWS ARE BASED av Na?IH SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. AAMSTW STAIr LWCCOaMAAIE CERFIFICATE OF AUTHORIZATION j LB -43 SYSIEW (rAW) rOR rLOROA EAST ZW, PARCEL NO.: 197 wilsonmiller Pkm" • &*won • Ecwlvpitfe • ar-y— • I-d—q- A- Mods • Tr- *orUl- C-"-to wuwrmUller, Ina. Ny1r • Faf *m • Uv* • ft*nW • Tirtpi 12op BHey lant Brq x0.7 • Mopf4 Flail 7 • Phw Da- � • at wF sy-m • w.o-aw wn *=&,= EXHIBIT A Page O= PARCEL NO._ I L LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0, W, EASEMENT R.O.W. = RIGHT OF WAY COWER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DI VISION E` SKETCH AND DESCRIPTION BEING PART OF THE NORTH 150' OF TRACT 11, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA 0412002 1 N6022 -002- 010 -TDHWP 1 197 OF XXX May 06, 2004 — 10:10:00 KRIMESjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203st97,dwg 11.1 11 GOLDEN GA TE ES TA TES UNI T 34, 10.1 PLAT BOOK 7, PAGES 23 o SOUTH 180' NORTH 150' o g OF TRACT 11 F TRACT 11 g 121 y x PROPOSED PERPETUAL, NON -MUS W ROAD R.QW., L�?A/NAGE; AND P.O.B. PROPOSED y U11UTY EASEMENT R.0 W. EASEMENT 1,427 FELT NO2 3,10' 150.10' •• 2 EXISTING 50' EASEMENT o o FOR R. ER p �) OSES LOGAN� BOULEVARD EXISTING 50' EASEMENT FOR R. 0. W. PURPOSES (PER PLAT) 23.1 22.1 I 22 I P CORNER TRACT 11 21 ALL THAT PART OF TRACT 11, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 11; THENCE SOUTH 892942" WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00'28'17" EAST 150.00 FEET; THENCE SOUTH 892942" WEST 6.71 FEET; THENCE NORTH 02'36'19" WEST 150.10 FEET; THENCE NORTH 892942" EAST 12.30 FEET TO THE POINT OF BEGINNING. CONTAINING 1,427 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 516104 KLR /502 NOT A SURVEY ## PREPARED BY- WILSONMI INC. LANC T R, P OFE 4i SURVEYOR & MAPPER FLORIDA REGISTRATON LS .15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEAROWS ARE BASED av Na?IH SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. AAMSTW STAIr LWCCOaMAAIE CERFIFICATE OF AUTHORIZATION j LB -43 SYSIEW (rAW) rOR rLOROA EAST ZW, PARCEL NO.: 197 wilsonmiller Pkm" • &*won • Ecwlvpitfe • ar-y— • I-d—q- A- Mods • Tr- *orUl- C-"-to wuwrmUller, Ina. Ny1r • Faf *m • Uv* • ft*nW • Tirtpi 12op BHey lant Brq x0.7 • Mopf4 Flail 7 • Phw Da- � • at wF sy-m • w.o-aw wn *=&,= EXHIBIT A Page O= PARCEL NO._ I L LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0, W, EASEMENT R.O.W. = RIGHT OF WAY COWER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DI VISION E` SKETCH AND DESCRIPTION BEING PART OF THE NORTH 150' OF TRACT 11, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA 0412002 1 N6022 -002- 010 -TDHWP 1 197 OF XXX May 06, 2004 — 10:10:00 KRIMESjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203st97,dwg 0 25 50 100 200 10.1 „ , „ 12.1 GRAPHIC SCALE P.ar. SW CORNER TRACT 22 EXISTING 50' EASEMENT LOGAN BO LEVARD FOR R. 0. W. PURPOSES (PER PLAT) EXISTING 50' EASEMENT c o FOR R. 0. W. PURPOSES e e (PER PLAT) A n,' I S0139'47 "W \eoa�N!w.,7,XDRA1NAG& 180.13' PROPOSED PERPETUAL R. 0. W. EASEMENT US W ROAD P.O. AND TY EASEMENT &M SMIAN nMr 4 x o � � 2.1 a ��..l 22 a 2 tz 3 SOU TH 180' NOR TH 150' GOLDEN GATE ES TA TES UNIT 34, OF TRA C T 22 OF TRA C T 22 PL T BOOK 7, PAGES 23 y 330.00' (PLAT) LEGAL DESCRP77ON ALL THAT PART OF TRACT 22, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 22; THENCE ALONG THE SOUTH LINE OF SAID TRACT 22 NORTH 892942" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0028'17" WEST 180.00 FEET; THENCE NORTH 892942" EAST 6.71 FEET, - THENCE SOUTH 013947" WEST 180.13 FEET TO THE POINT OF BEGINNING. CONTAINING 604 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 516104 KLR /502 * *# NOT A SURVEY * ** PREPARED BY. WILSONMI INC. LANC T R, P#OFE PKAL SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARINGS ARE BASED ON NORM SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. ADWSAENDi�S RE PinNN�' COORDINATE CERTIFICATE OF AUTHORIZA77ON / LB -43 Srs>FM (OW) FOR FLORIDA EAST IONS, wilsofi�miller Phmer. - En nw* • Ecokob • Army"• • Landreapa ArcMade - Trarwpat4Wn C"fiants WDBormer, Inc. Nrgr • Fcff * v • ftmA • F.daAm • Two$ 9Paa BalryLarw sda Pao • Nrylea iiarlm 3IAkFdE07 • PAaw wFep" • Fa M40171B • NYb -Blr vm*wWwoum EXHIBIT X- Psge_�LL OA RCEL NO. l LEGEND: �EXISTING X -1 R, 0. W. EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WA Y ` "T' COLDER COUNTY TRANSPORTATION. ENGINEERING do CONSTRUCTION MANAGEMENT DIVISION E' SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 180' OF TRACT 12, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA 0412002 1 N6022- 002 - 010 —TDHWP 1 198 OF XXX May 11. 2004 — 08:35: 43 LMILLERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s19B.dwg 0 25 50 100 200 10 .1 11.1 11 12.1 GRAPHIC SCALE PO.O NW CORNER TRACT 22 EXISTING 50' EASEMENT FOR R. 0. W. PURPOSES LOGAN BOULEVARD (PER PLAT) y PD.B. EXISTING 50' EASEMENT 00 FOR R. 0, W. PURPOSES °• X17" °• (PER PLAT) g 501:3947 "W 150.11' v PROPOSED PROPOSED PERPEMA44 o R. 0. W EASEMENT NON— EXGY,Usm ROAD rq R. W., DRAINAGE, Al ND 'r U17 TY EASEMEN o O y 0 1,428 SQUARE FEET o cz o °• 23.1 � 22 a 21 a 22.1 UR GOLDEN GATE ES TA TES UNIT 34, SOU TH 180' NOR TH 150' PLAT BOOK 7, PAGES 23 y OF TRA C T 22 OF TRA C T 22 330.00' (PLAT) LEGAL DESCRP110N ALL FHA T PART OF TRACT 22, GOLDEN GATE ESTATES UN/ T 34, PL T BOOK 7, PAGE 2,3, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULALRY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 22; THENCE ALONG SAID NORTH LINE NORTH 8929'42" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 892942" EAST 12.30 FEET- THENCE SOUTH 0139'47" WEST 150.11 FEET; THENCE SOUTH 892942" WEST 6.71 FEET, THENCE NORTH 0028'17" WEST 150.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1,425 SQUARE FEET MORE OR LESS EXHIBIT SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. Page --��L , � of REVISED 516104 KLR /502 PARCEL NO. J # #� NOT A SURVEY # #* PREPARED BY.- 'W/LSONMI INC. LEGEND: 7 77 EXISTING R. 0. W. EASEMENT MAPPER R. �, PROPOSED T LANC R, P OFE � AL SURVEYOR EC O. W. EASEMENT FLORID, A REGISTRA LS 15'627 R. 0. W. =RIGHT OF WAY NOT VALID . UNLESS SIGNED BY THE SURVEYOR AND BEARMS ARE BASED GW NORTH SEALED WITH THE SURVEYORS EM805SED SEAL. ADJ)5WNT STATE PLANE ccooavTnNAArc CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (ORO) FOR TuwmA CAST ZOAC. PROJECT NO,: 62081 PARCEL NO.: 199 CLIENT: COLLIER Cry UN7y TpMcpORTA 110., ENGINEERING do CONS7RUC71ON MANAGEMENT DINSION wilonmiller TITLE: SKE7iCH AND DESCRIPTION BEING PART OF THE NORTH 150' B TRACT A namwo • rxtp wm • Ecdcpib • armyao - Lodma" ArchNects • TmWcrtmion Cmxftnis GOLDEN GATE ESTATES UNIT T PLAT BOOK 7, PAGE 23, WileonM� bto. COLLIER COUNTY, FLORIDA NpM • Forf k*v • a-U46 • Amdbim • T&I" DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: as &*L&% Rh roo • ** AlWdi • fto M%64-" - w ITaHOa 79 • wto-a. ww:Amihram 0412002 N6022— 002 -010— TDHWP 199 of xxx I 2GG -203 May 10, 2004 — 09;52:47 LMILLERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203slgg.dwg 330.00' (PLAT) EAST LINE OF SECTION 17 12 WEST 315' OF TRA C T 12 11 EXISRNG 60' EASEMENT FOR R. 0. W PURPOSES PER PLAT 12.1 S EAST 365' OF TRA C T 12 a PROPOSED PERPE TUAL, NON- EXCLUSIVE ROAD I R. 0. W., DRAINAGE, AND TILITY EASEMENT ►:; NO2 36'19 "W 4,153 SOUARE FEET vk '00 18.90' 245.67' 0 25 50 loo 200 GRAPHIC SCALE 0 a GOLDEN GA TE ES TA TES UNIT 34, PL T BOOK 7, PAGES 23 13 y I PROPOSED R. 0. W. EASEMENT P. O. B.--'o' . c 00 78'1 7 E 300.00' FORT R.O.. W. ,PURPOSEST $ (PER PLAT) P.O.C. LOGAN BOULEVARD EXISTING 50' EASEMENT S. E. CORNER FOR ePER PLPURPOSES OF TRACT 12 22 21 20.1 LEGAL DESCRIPTION ALL THA T PART OF THE EAST 365 FEET OF TRACT 12, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 12; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 892942" WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 892942" WEST 12.30 FEET; THENCE LEA WNG SAID SOUTH TRACT LINE NORTH 02:36'19" WEST 18.90 FEET; THENCE NORTH 0028'17" WEST 245.67 FEET; THENCE NORTH 307525" WEST 40.83 FEET; THENCE NORTH 89:2942" EAST 33.28 FEET; THENCE SOUTH 0028'17" EAST 300.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,253 SOUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5 -6 -04 KLR /502 REVOSED 06 -01 -04 * ** NOT A SURVEY * ** PREPARE WLSONMILLE'R, INC. Y ANDREW B. BECK, PROFES90N,4CS(1RVEYDR & MAPPER FLORIDA REGISTRARON LS 16065 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND Kw Aa AMD aN Caen+ sm SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. =4091°rAS "tAW" ccovR'awmrE CERFIFICATE OF AUTHORIZA RON ,/ LB -43 Sr$WM fatW1 M ROMOA EASr lOJECT NO.: 62081 I PARCEL NO. 200 Wil .r- nuutncaaw PMrners • l3rprFaws • • army— • Le *OW *ddb • T<ttrpa uft t2orrufd�b Hw(Amor, ha MpM • f d*n • k" • Btddm • TOP aB0 a*?LmgAhAv•AYpkAra11ktf tr• ftol40N •AlIP•fti(FQQ=•ftsom*xw0A" EXHIBIT 4 Page of� j PARCEL NO. o� 00 EXISTING R. 0. W. EASEMENT PROPOSED R.O.W. EASEMENT R.O.W. - RIGHT OF WAY P.O. 8. - POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT ` "" COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION E: SKETCH AND DESCRIPTION BEING PART OF THE EAST 365' OF TRACT 12, GOLDEN CATE ESTATES UNIT 34, PLAT BOOK 7, PACE 23, COLLIER COUNTY, FLORIDA 0412002 1 N6022- 002 - 010 —TDHWP 1200 OF XXX I 2GG -203 Jun 01, 2004 — 13:25:10 KRlMESjX: \SUR \N6022 \Skelch Of Descriptions \Submitted \299203s20O.dwg P.0 22 13 Z��r- Z. r . 0 25 50 100 200 GRAPHIC SCALE P.O. C. S W. CORNER LOGAN BO ULEVAR OF TRACT 21 0 S N. 0028'17 "W. 300.00' c., c0po ^' 18.82' SOO s • t" ,.. PROPOSED S011j9'47 "W �� p R. 0. W EASEMENT PROPOSED PERPETUAL, NON - EXCLUSIVE ROAD a R. 0. W., DRAINAGE, AND UAUTY EASEMENT 4243 SQUARE FEET 20. 21 �o � r WEST 340' OF TRA C T 21 EXISTING 60' EASEMENT yFOR R. o, W. PURPOSES PER PLAT 21 1 EAST 340' GOLDEN GA TE ES TA TES UNIT 34, OF TRA C T 21 PLAT BOOK 7, PAGES 23 JJO.00' (PLAT) LEGAL DESCRPT/ON ALL THA T PART OF THE WEST 340 FEET OF TRACT 21, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 21; THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 89'29'42" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH TRACT LINE NORTH 00'28'17" WEST 300,00 FEET; THENCE NORTH 892944" EAST 32.82 FEET, - THENCE SOUTH 285224" WEST 40.44 FEET; THENCE SOUTH 0028'17" EAST 245.95 FEET, - THENCE SOUTH 01:3947" WEST 18.82 FEET TO THE SOUTH LINE OF SAID TRACT THENCE ALONG SAID SOUTH TRACT LINE SOUTH 892942" WEST 12,30 FEET TO THE PONT OF BEGINNING. CONTAINING 4,243 SQUARE FEET MORE OR LESS. /J SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT REVISED 516104 KLR /502 Page --J of I NOT A SURVEY 'po - a 'GEL NO--2� PREPARED.BY.• W/LSONMI , INC. LEGEN EXISTING R. 0, W. EASEMEN T LANC R• OF£ AL SURVEYOR & MAPPER PROPOSED 'T P FLORIDA REGISTRA LS /15627 R. O. W. EA T R. 0. W. = IGHT OF WAY NOT VALID UNLESS .SIGNED BY THE SURVEYOR AND 8CAR14W ARE WSW av NMW P. 0.8. = O/NT OF BEGINNING SEALED WITH THE' SURVEYOR'S EMBOSSED SEAL. AOAIsWN ASTTAA T PLAW CMoLleraHNAIF srsI£u (Gam) rav rcaeroA £ASr rav£. P.O.C. = DINT OF COMMENCEMENT CERFIFICATE OF AUTHORIZATION / LB -43 10JECT NO.: 62081 ' PARCEL NO.: 201 wilonmiller Pltt,,w. • 6t h. • Ecd*O b • 8v- yon • L-*.k- kdA-1, • Tnr Wolalon Cart� WYaorAwer, ha NpM • m*" • 8rttt* • 8twMlat •Tapp m awyam a* jw • ** 1%ddt Ww • Poorw ip t 0'" • N1bab tea& mfx mm ENT: COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION .E' SKETCH AND DESCRIPTION BEING PART OF THE WEST 340' OF TRACT 21, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA 0412002 I N6022 -002- 010 -TDHWP 1 201 OF XXX Moy 06, 2004 — 10:0200 KRIMESjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s201.dwg 330.00' (PLAT) EAST LINE OF SECTION 17 12 O GOLDEN GA TE ES TA TES UNIT 34, PL T BOOK 7, PAGES 23 EXISTING 60' EASEMENT FOR R. 0. W. PURPOSES PER PLAT a °p Qz 13 12.1 O C/� a O C y PROPOSED PERPETUAL. NON -EXaUS W ROAD PROPOSED R.O.W., DRA/NAG& AND R. 0, W EASEMENT UTILITY EASEMENT �9os�B/ 4`214 XU4NE DEFT N0028'17 "W 265.45' 0 25 50 100 200 GRAPHIC SCALE 0 O a oN 14 EXISTING 50' EASEMENT /4' �S.0028'17'E 300.00' o ] fit. -P. Q.B. FOR R 0 W PURPOSES o 1 PER PLAT) ti EXISTING 50' EASEMENT g P.O.C. FOR R O.W. PURPOSES LOGAN BOULEVARD N.E. CORNER jPER PLA T) OF TRACT 13 21 20.1 19 LEGAL DESCRIPTION ALL THAT PART OF TRACT 13, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 13; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 892942" WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH TRACT LINE SOUTH 0028'17" EAST 300.00 FEET; THENCE SOUTH 89 2943" WEST 31.20 FEET; THENCE NORTH 27'1748" EAST J9.05 FEET, - THENCE NORTH 0028'17" WEST 265,45 FEET. THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 8929'42" EAST 1300 FEET TO THE POINT OF BEGINNING. CONTAINING 4,214 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5 -10 -04 L TM * ** NOT A SURVEY * ** PREPARED BY. W/LSONMI , INC. LANG T R,- P OFE AL SURVEYOR & MAPPER FLORIDA REGIS7R^M LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION I LB -43 PROJECT NO.: 62061 BCAR^= ARE BASED ON NORTH AWCRICAN DATUM (N.A.D) IW -1990 ADJUSTMENT STATE PLANC CDQ4D'NAIE SYSTEW (GRID) i'D!P RDROA CAST IOW. wiloolmiller PLrrmro • &Vheer9 • EcdopW • 8vwy -a • L- 6c" Arc ook • Tr-4--N 0- C-"argl 8 B,* Lw* BTfe ax • Nk* Rwkk M*W7 • ftw W"4X • A,u M40-M • Web-0 wwWwoft cm EXHIBIT . Page of PARCEL No._ LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W, EASEMENT R. 0. W. = RIGHT OF WAY P.O. B. = POIN T OF BEGINNING P, 0. C. = POIN T OF COMMENCEMENT ` "T` COWER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUCTION MANAGEMENT DIVISION .E: SKETiCH AND DESCRIPTION BEING PART OF TRACT 13, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23 COLLIER COUNTY, FLORIDA N6022- 002 - 010 -TDHWP 1 202 OF XXX 12GG -203 May 10, 2004 — 10:00:02 LMILLERIX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s202.dwg 12,1 EXISTING 50' EASEMENT FOR R 0. W. PURPOSES ('PER PLAT) EXISTING 50' EASEMENT FOR R 0. W. PURPOSES (=PER PLAT) 13 0 25 50 100 200 GRAPHIC SCALE LOGAN BOULEVARD N. 0078'17"W. 300.00 6625 S0028'17 E 188.36' S08;j'08` PROPOSED 1 1 yy R. 0. W. EASEMENT 6o PROPOSED PERPETUAL, Soo726.66 NON— EXCLUS1W ROAD y 71 R. a W., DRAINAGE, AND UTIUTY EASEMENT a 21 4,648 SQUARE FEET GOL � � FOR EXISTING 0 W,URPOSES PER PLA T g 20.1 g o WEST 340' OF TRA C T 20 y EAST 340' 21.1 20 OF TRA C T 20 330.00' (PLAT) - P.O.C. N. W. CORNER OF TRACT 20 N GA TE ES TA TES UNIT .34, AT BOOK 7, PAGES 23 19 LEGAL DESCRIPTION ALL THA T PART OF THE WEST ,340 FEET OF TRACT 20, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 20; THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 892942" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH TRACT LINE NORTH 892942" EAST 21.00 FEET. THENCE LEAVING SAID NORTH TRACT LINE SOUTH 0028'17" EAST 26.66 FEET; THENCE SOUTH 08'J7'08" WEST 50.64 FEET; THENCE SOUTH 0028'17" EAST 188.36 FEET- THENCE SOUTH 29 09'17" EAST ,39.86 FEET, THENCE SOUTH 89:2942 " WEST ,32.13 FEE T,• EXH IB T 4- THENCE NORTH 00'28'17" WEST 300.00 FEET TO THE POINT OF BEGINNING. Page Of CONTAINING 4,648 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. ,2 REVISED 516104 KLR 502 PARCEL NO.,_= * ** NOT A SURVEY * ** PREPARED BY- WILSONM! INC. LEGEND: EXISTING R. 0. W. EASEMENT LANG T R, P OFE AL SURVEYOR & MAPPER PROPOSED FLORIDA REGIS' A LS 15627 R. 0. W. EASEMENT NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEA&WS ARE BASED av NORTH R. 0. W. = RIGHT OF WAY SEALED WITH THE SURVEYORS EMBOSSED SEAL. AMERICANDATW (N. AD) 190J-1990 P.O.B. = POINT OF BEGINNING AD.&STMENr STATr pLME CDaWWTe P, 0. C. =POINT OF COMMENCEMENT CERFIFICA TE OF AUTHORIZA TION / LB -43 SYSTEM (awD) raP RawDA CAST ZONE. Wilslomillifr ~` FWrov • &U wn • E°°W. 1 • d^vbra Ard&cb . Trwp�orf& yon Cor ag* l20Dd1NrtMK d/rlAO • • dvwdo • 6►rdrAn • Trop IrprM Poddl S 7 •Rand x010 •Fir WFd{F6A0 • BY -a mdiami x= COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION . SKETCH AND DESCRIPTION BEING PART OF THE WEST j4ol OF 20. GOLDEN GA TE ES TA TES UNI T J4, PL T BOOK 7,T PAGE 2A COLLIER COUNTY, FLORIDA N6022- 002- 010 -TDHWP 1 203 of XXX May O6, 2004 — 10:44:33 KRIMESjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s203.dwg 330.00' (PLAT) GOLDEN GATE ETA TES UNIT 34, PLAT BOOK V, PAGES 23 oho 0 a l3 .z 14 TRACT 14 LESS THE PINE RIDGE ROAD R. D. W. $.ibis SYaUAIF PRGIPOSED PE1? EIUAL, NOW- EXIXUsI ROAD R.O.W., ORA/NA AND UAUTY EA ENT NOOT� Y EAS£MENT� as PLA � OSES EXISTING 50' EASEMENT. FOR R 0. W PURPOSES PER PLAT) #4 Sn w 2 � w A O - 10.00' N. 0074'16 "W. oa�^� cc oo 14.1 b �b 0 a b 0 25 50 100 200 GRAPHIC SCALE P.O.B. P.O.C. LOGAN BOULEVARD OF TRACT 1 R ^, LEG_ESCR/P1jON ALL THA T PART OF TRACT 14, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 14; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 8929'42" WEST 50.00 FEET TO BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 8929'42" WEST 13.00 FEET THENCE LEAVING SAID SOUTH TRACT LINE NORTH 0028'17" WEST 85.41 FEET; THENCE NORTH 47'4352 " WEST 156.21 FEET; THENCE NORTH 89 ;3544 " EAST 95.33 FEET THENCE SOUTH 67'1221 " EAST 35.27 FEET; THENCE SOUTH 0028'17" EAST 177.38 FEET TO THE POINT OF BEGINNING; EXHIBIT Page -��. of CONTAINING 8, 335 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 51612004 REVISED 1211011002 NOT A .SURVEY � ## PREPARED BY.• W/LSONMI INC. LANG T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGIS TRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARWO ARE BASED av NORTH SEALED WITH THE SURVEYORS EMBOSSED SEAL. AMER4" DAlj pADI i9eT -1990 ADWSWENT srA PLANE COORDNATE CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM NW) FOR naWpA EAS7IONL; Wil S Miller ft.R wfulm + • &Qhws • @cokOle • Swwycrs • L..ndre" Ard&* • Trawpwwm Cw"ants WkwAger, Inc IipM • rw*" • krmh • &wwm • 167p 9960 BYiy LMi4 dib NO • ** RAI19 • ftw 9440 -4M • Fu 9040 -00 • K*jW wwdoanlx THE POINT OF PARCEL NO.D LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R, 0. W. EASEMENT R. 0. W. = RIGHT OF WA Y P.O.B. = POINT OF BEGINNING P. 0. C. = POINT OF COMMENCEMENT " """ COWER COUNTY TRANSPORTAnON, ENGINEERING & CONS7RUC710N MANAGEMENT 01WWON TITLE: Sys AND DESCRIPTION BEING PART OF TRACT 14, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA 04/2002 N6022- 002 - 010 —TDHWP 1 204 OF XXX May 10, 2DO4 - 10:03:19 LMILLERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \299203s204.dwg a 75 4 P.O.B. P.O.C. LOGAN BOULEVARD OF TRACT 1 R ^, LEG_ESCR/P1jON ALL THA T PART OF TRACT 14, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 14; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 8929'42" WEST 50.00 FEET TO BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 8929'42" WEST 13.00 FEET THENCE LEAVING SAID SOUTH TRACT LINE NORTH 0028'17" WEST 85.41 FEET; THENCE NORTH 47'4352 " WEST 156.21 FEET; THENCE NORTH 89 ;3544 " EAST 95.33 FEET THENCE SOUTH 67'1221 " EAST 35.27 FEET; THENCE SOUTH 0028'17" EAST 177.38 FEET TO THE POINT OF BEGINNING; EXHIBIT Page -��. of CONTAINING 8, 335 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 51612004 REVISED 1211011002 NOT A .SURVEY � ## PREPARED BY.• W/LSONMI INC. LANG T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGIS TRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARWO ARE BASED av NORTH SEALED WITH THE SURVEYORS EMBOSSED SEAL. AMER4" DAlj pADI i9eT -1990 ADWSWENT srA PLANE COORDNATE CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM NW) FOR naWpA EAS7IONL; Wil S Miller ft.R wfulm + • &Qhws • @cokOle • Swwycrs • L..ndre" Ard&* • Trawpwwm Cw"ants WkwAger, Inc IipM • rw*" • krmh • &wwm • 167p 9960 BYiy LMi4 dib NO • ** RAI19 • ftw 9440 -4M • Fu 9040 -00 • K*jW wwdoanlx THE POINT OF PARCEL NO.D LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R, 0. W. EASEMENT R. 0. W. = RIGHT OF WA Y P.O.B. = POINT OF BEGINNING P. 0. C. = POINT OF COMMENCEMENT " """ COWER COUNTY TRANSPORTAnON, ENGINEERING & CONS7RUC710N MANAGEMENT 01WWON TITLE: Sys AND DESCRIPTION BEING PART OF TRACT 14, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA 04/2002 N6022- 002 - 010 —TDHWP 1 204 OF XXX May 10, 2DO4 - 10:03:19 LMILLERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \299203s204.dwg EXISANG 50' EASEMENT FOR R. 0. W. PURPOSES (PER PCA T) EXISTING 50' EASEMENT FOR R IP 0. W. PURPOSES ER PLAT) 20 GOLDEN PLA T °o P.O.C. S W. CORNER OF TRACT 19 S0028'17 E 136.88' LOGAN BOULEVARD 0 25 %.- 100 200 GRAPHIC SCALE PROPOSED R. 0. W. EASEMENT MOM PERPETUAL, � -EXCLUSIV£ ROAD 'b \NW Riaw.,MAINAG& AND UAUTY EASSWENT 4ZV SWAW FW �b 0 19 P� o TRACT 19 �a v LESS THE b lcg PINE RIDGE ROAD R. O. W. / tba,��'p ?h� TE ES TA TES UNIT 34, )OK 7, PAGES 23 z g o 330.00' (PLAT) LEGAL DESCR /P, SON ALL THA T PART OF TRACT 19, GOLDEN GA TE ES TA TES UNI T 34, PLA T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 19; THENCE ALONG THE SOUTH LINE OF SAID TRACT NORTH 8929'42" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH TRACT LINE NORTH 0028'17" WEST 201.09 FEET; THENCE ALONG THE SOUTH LINE OF EXISTING PINE RIDGE ROAD RIGHT OF WAY NORTH 8935'45" EAST 54,59 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE SOUTH 27'10'26" WEST 72.40 FEET, THENCE SOUTH 0028'17" EAST 1,36.88 FEET, THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 892942" WEST 21.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5, 300 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, REVISED 516104 KLR /502 *** NOT A SURVEY * ** PREPARED BY.- WILSONMI 1 INC. 1:� iSWAL SURVEYOR & LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION I LB -43 NO.: PARCEL NO.= BrkWGS AR[ BASCD QY NW rH AYER/L•Ahr DAl(.W (N.A.Of I98J -�99G AD,R/STMdNT SFAII 4lZ COG� If SYSfiY (CFW) Fa? FLOWA EAST ,T W . W l fi wiler ft - R Mow-cm + • • Ecrobprrb • arvsyori • Loldicps Ardlftsca • Tial.NorfaUal Cavw/ana WpeonA�Clsr etc. :IZOG 9Ye1'lAnt Bur eb • � • fvR1�n • 8vuoa • �drllan ' Trop µPrt firldi 9t0�f07 • Fhar 94FeN -IOtO • Fu PpOp�7lQ • Nbtr,9a �nriamlaam EXHIBIT Page oq LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0, W. EASEMENT R. 0. W. = RIGHT OF WAY P.O.B. = POINT OF BEGINNING PDX C, = POINT OF COMMENCEMENT COLUER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION AIANAGEMENT DIVISION TiT`E: SKETCH AND DESCRIPTION G PART OF 19 GOLDEN GA TE ES TA TES UNI T 34, T PLA T 600K 7, PAGE 23, COLLIER COUNTY, FLORIDA 04/2002 N6022 -002- 010 -TDHWP 1 207 OF XXX May 10, 2004 - 10:04:32 LMILLERjX: \SUR \N6022 \Sketch Of Descrptions \Submitted \299203s207.dwg �a2 .00i�Zp 'M 14.1 i bc� a 0 LOGAN BOULEVARD 19 21.63' m o v, a A cN ti — 62.38' (PLA T) N. 0024'16 "W. 20.00' 51' (PLAT) GOLDEN GA TE ES TA TES UNIT J4, PL T BOOK 7, PAGES 23 15 TRACT 15 LESS THE PINE RIDGE ROAD R. 0. W. PROPOSED PERPETUAL, ti NON - EXCLUSIVE ROAD s R.O W., DRAINAGE, AND UTILITY EASEMENT `�• F 16,284 SQUARE FEET N0028'17 "W 204.55' \\\\\\\\ E \308.73 \P.O�B_ LEGAL DESCR/P M SEE SHEET 208A REVISED 516104 KLR /502 * ** NOT A SURVEY * ** PREPARED BY WILSONA " , INC. — --- i�77-a,/ LANG T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION 1 LB -43 P.O. C.-- N. E. CORNER OF TRACT 15 18 w a PARCEL NO. ` 0 BfA9M0$ ARE BASED DN NWW AMEIigC0 DAIUM_(KADI 19BJ-1990 ADA/SAIfNr STATE RAA4< CODRAhVA/E SYSTEM (GRID) Fag FLMW [AST 2W.. WNSOAMiller ' ""ki ftr>rri 6-00* • &—Ym • L-*c+W ArdWo b • Trawpor gm Cawftr* w1am w,, ITIG Mawb1L-4 8* m-6. fM i arn • sv!! . b�ddan . Tjnp 6k 0 25 50 100 200 GRAPHIC SCALE 16.1 R, 0. W. EASEMENT 16 EXISTING 50' EA S EMEN T i FOR R 0. W, PURf 10SES ?PER PLAT) EXISTING 50' EA MENT J FOR R 0. W. PUR OSES ?PER PL T) 17 " XHIBIT 4 LEGEND: 17.1 EXISTING R. 0. W. EASEMENT PROPOSED R 0. W. EASEMENT R.O.W. = RIGHT OF WAY P-0-8- = POINT OF BEGINNING P.O.C, = POINT OF COMMENCEMENT COLLIER COUNTY TRANSPORTA77M ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION TITLE. SKETCH OF DESCRIPTION BEING PART OF TRACT 15, GOLDEN GA TE ES TA TES UNI T 34, PL T BOOK 7, PAGE 23 COLLIER COUNTY, FLORIDA 0412002 I N6022- 002 - 010 -TDHWP I ?OB OF XXX May 06 2004 14 16 08 KRIME SIX: \SUR \N6022 \Sketch Of Description s \Submitted \2gg203s208.awg u a go ALL THA T PART OF TRACT 15, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGE 2.3, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 15; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 8929'42" WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH TRACT LINE SOUTH 0028'17" EAST 308.7.3 FEE T. THENCE ALONG THE NORTH LINE OF EXISTING PINE RIDGE ROAD RIGHT OF WAY SOUTH 8935'44" WEST 150.11 FEET, - THENCE LEAVING SAID RIGHT OF WAY NORTH 47'5528" EAST 156.62 FEET- THENCE NORTH 0028'17" WEST 204.55 FEET TO THE NORTH LINE OF SAID TRACT. THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 892942" EAST 3300 FEET TO THE POINT OF BEGINNING. CONTAINING 16,284 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 516104 KLR /502 PREPARED BY- WILSONM INC. LANC&.LjV,jfR, P OFE AL SURVEYOR & MAPPER FLORIDA REGIS7RA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL, CERFIFICATE OF AUTHORIZA77ON / LB -43 EXHIBIT A Page of J& "'ARCEL NO.� KARWGS ARE BASED ON NORTH AMERICAN DATUM (A(A.0) I98.f -1990 S�Sw (aw) roR riam ELI Imc, '* ** NOT A SURVEY # WilsonmillerM•RLWLOCpp &%wv • &*owl • &obow • arm" • L&q&c4 . *We,* • TFm,p ditft ca"&,* W bmWW,, Inc. 32099iiTlrwt 61b PpD • Ihaw • • 6vuob • 9rdrdon ' Th" t JIRFI�D7 • A1an Op Qp+G10 • fv 9�fdR497p • w4 ob "Wft ffm COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRuC77ON MANAGEMENT DIVISION .E. LEGAL DESCRIPTION BEING PART GOLDEN GA TE ES TA TES UNI T OF TRACT 34, PL T BOOK 7, PACE 23, COLLIER COUNTY, FLORIDA 04/2002 N6022- 002 - 010 -TpHWP 1208A of XXX MOY O6, 2004 — 14:22:01 KRIMESJX: \SUR \N6022 \Sketch Of Descriptions \SLbmltted \2gg203s2D8A.dwg L 14.1 EXISTING EASEMENT FOR R. 0. W. PURPOSES PER 0. R. 800K 2660, PAGES 3386 -3387 b �b a 0 a b bona tA- y � 15 LOGAN BOULEVARD P.ac. -- N. W. CORNER OF TRACT 18 0 .r A A rq Q b 'Q \ \`P.0. 7 "W. 270.91 0 25 50 100 200 GRAPHIC SCALE EXISTING 50' ASEMEN7 FOR R O. W. P RPOSES (PER PL T) o EXISTING 50' ASEMENT S FOR jpER PL � OSES b 50078'17"E 223.02' 6 R. 0. W. PROPOSED EUE V T MOM PERPETUAL, NOW -i=VS W ROAD R.O.W., DRN/NAg AND UALITY EASE wor 14007 SQUAW AMT 18 $ EXISTING R. 0. W. EASEMENT TRACT 18 17 171 LESS THE R. 0 W. EASEMENT PINE RIDGE ROAD = RIGHT OF WAY P. 0- 8, R. 0. W. P.O.C. = POINT OF COMMENCEMENT Go EXHIBI LDEN GA TE fSTA TES UNIT 34, i �- PL T BOOK 7, PAGES 23 Page—&-" j Of 13.00' S0078'17'E 330.00' (PLA T) LEGAL DESCR /PMy., SEE SHEET 209A REVISED 516104 KLR /502 PREPARED BY.• W1L SONMI ` , ' INC. LA NC T R,`P OFE AL SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND NA040S ARE BASED [W NWIH SEALED Wl TH THE SURVEYORS EMBOSSED SEAL. 'WEAN PA &W (AtA0) 19E3 -1990 AOd swvr STATE PLANE COaVNA7E C£RFIFICATE OF AUTHORIZATION / LB -43 S'smv Iaw1 rar FLOWA EAS7 ZOAC PARCEL a *** NOT A SURVEY # #* LEGEND: owai I —cU. nu.: 209 CLIENT: COLLIER COUNTY TRANSPORTATION: "`' `°°°°°°° ENGINEERING & CONS7RUC710N MANAGEMENT DIVISION WII nMIIIer TITLE: SKETCH OF DESCRIPTION BEING PART OF TRACT 18, Pklvwf &'mn L&%*A@Arch#ocb•Tr&r4wkffmCawanh GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, WbOnAmer, Inc i COLLIER COUNTY, FLORIDA appg� Naha �faaoN ' TN" DATE: P �t Rxlb 7 • RaM 94f-0Nd010 •rya yp.BC,{-3711 • Wiy�9p Iwewipy�.p� SHEET NUMBER: FILE NO.; 04/2002 TDHWP 209 of XXX 9�:r:._ 9n Ma 10 2004 Y — 4.35:53 LMILLERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \299203s209.dwg EXISTING R. 0. W. EASEMENT PROPOSED R. 0 W. EASEMENT R.O.W. = RIGHT OF WAY P. 0- 8, = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT O.R.B. = OFFICIAL RECORDS BOOK owai I —cU. nu.: 209 CLIENT: COLLIER COUNTY TRANSPORTATION: "`' `°°°°°°° ENGINEERING & CONS7RUC710N MANAGEMENT DIVISION WII nMIIIer TITLE: SKETCH OF DESCRIPTION BEING PART OF TRACT 18, Pklvwf &'mn L&%*A@Arch#ocb•Tr&r4wkffmCawanh GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, WbOnAmer, Inc i COLLIER COUNTY, FLORIDA appg� Naha �faaoN ' TN" DATE: P �t Rxlb 7 • RaM 94f-0Nd010 •rya yp.BC,{-3711 • Wiy�9p Iwewipy�.p� SHEET NUMBER: FILE NO.; 04/2002 TDHWP 209 of XXX 9�:r:._ 9n Ma 10 2004 Y — 4.35:53 LMILLERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \299203s209.dwg OB .; ALL THA T PART OF TRACT 18, GOLDEN GA TE £STA TES UNIT 34, PLA T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 18; THENCE ALONG THE NORTH LINE OF SAID TRACT NORTH 892942" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH TRACT LINE NORTH 892942" EAST 1300 FEET- THENCE LEA SING SAID NORTH TRACT LIN£ SOUTH 0028'17" EAST 223 02 FEE T. THENCE SOUTH 4549'40" EAST 10389 FEET. THENCE NORTH 89:3544" EAST 543.09 FEET; THENCE SOUTH 0028'17" EAST 1300 FEET; THENCE ALONG THE NORTH LINE OF EXISTING PINE RIDGE ROAD RIGHT OF WAY SOUTH 89 35'44" WEST 596.60 FEET, THENCE NORTH 41'45'21" WEST 50.62 FEET; THENCE NORTH 0028'17" WEST 270.91 FEET TO THE POINT OF BEGINNING. CONTAINING 14,097 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 516104 KLR /502 PREPARED BY.• WILSONM/ INC. LA NC T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGIS ,, :: LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL, CERF /F /CATf OF AUTHORIZATION / LB -4J -- , ;KHIBIT PARCEL NO,,� 8EAMN05 ARf BASED ON NORTH AWNCAN DAIIAII (MA D) 1985 -19910 ADWSWNNTT � � 1��' PLEA CAST Qe * #* NOT A SURVEY * ** - o «� , ��« ry�.: 209 wilsofiM r�.R r4 we * • &Qkl s • Ecobyib • 8vwym • LAndrgW ArcMech • TruwpwUjvn C rwgwg9 Wuemwor, Ana A4yof►r • Faf Mr+ • 8vud� • frdri(pi . Trnp, Y lrnl Slfs 290 • NY+�41ivi� �At ypT • FMap 9p Q1P 1040 • ry 9040 -so • Web ek ww*wAircm `"" COLLIER COUNTY TRANSPORTA77ON, ENGINEERING & CONSTRUC77ON MANAGEMENT DIVISION E• LEGAL DESCRIPTION BEING PART OF TRACT 18, GOLDEN GA TE ES TA TES UN/ T 34, PL T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA N6022- 002 -010— TDHWP I209A of -Xxx 1 2GG-.20.3 May 06, 2004 — 14:38: 40 KRIMES�X. \SUR \N6022 \Sketch Of Descnpt;ons \Submitted \2gg203s209A.dwg ze 19 a 18 0 25 50 too 200 2 g O GRAPHIC SCALE P.O.B. P.O, C. N E. CORNER S 0028'17'E 297.01' OF TRACT 18 l.0 00 680.00' (PLAT) N00 28'17 "W ) FEE SIMPLE TAKING WEST 105' OF TRACT 40 048 SQUARE FEET 13 00' S0028'17"E b o 0 EAST ' � w o TRACT 40 75 OF WEST 180 OF TRACT 40 g 39 tzi LESS THE a PINE RIDGE ROAD R. O. W, ; 0 EAST 150' OF TRACT 40 b PROPOSED R. 0. W. 680.00' (PLA T) 42 GOLDEN TA TES UNIT 34 LA T BOOK 7, PAGES 23 41 LEGAL DESCRIPTION ALL THA T PART OF THE WEST 105 FEET OF TRACT 40, GOLDEN GA TE ESTA TES UNIT 34, PLA T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHEAST CORNER OF TRACT 18 OF SAID PL T AND A POINT ON THE WEST LINE OF SAID TRACT 40; THENCE ALONG THE SAID WEST TRACT LINE SOUTH 0028'17" EAST 29701 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WEST TRACT LINE EASTERLY 105.01 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VE NOR THERL Y HA VING A RADIUS OF 5,641.58 FEET THROUGH A CENTRAL ANGLE OF 0103'59" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 89 03'32" EAST 105.00 FEET,- THENCE ALONG THE EAST LINE OF SAID TRACT SOUTH 0028'17" EAST 13.00 FEET, THENCE ALONG THE NORTH LINE OF EXISTING PINE RIDGE ROAD RIGHT OF WAY WESTERLY 105.01 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NOR THERL Y HAVING A RADIUS OF 5,654.58 FEET THROUGH A CENTRAL ANGLE OF 0110Y50" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 89 03'36" WEST 105.00 FEET, THENCE ALONG SAID WEST TRACT LINE NORTH 0028'17" WEST 13.00 FEET TO THE POINT OF BEGINNING. SUBJECT I BJECT TO EASEMEN S & RESTRICTIONS OF RECORD. EXH I IT REVISED 516104 KLR /502 PARCEL NO `� Pam L of * ** NOT A SURVEY * ** CURVE- TABLE NO.. RADIUS DELTA ARC TANGENT CHORD CHORD BEARING PREPARED BY,- K SONMI INC. 1 5641,58' Ol 03 59" 105.01 ' 52.50' 105.00' N 89 =13'32 E. 2 5654.58' 010350" 105.01' 52.50' 105.00' S89'0336 "W. LEGEND: LANG T R, P OFf AL SURVEYOR & MAPPER PROPOSED R. 0. W. FLORIDA REGIS TRA LS 15627 R.O.W. = RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND 8FAAW0 ARE BASED W NORN P. 0 B. - POINT OF BEGINNING SEALED W1 TH THE SURVEYORS EMBOSSED SEAL. AD.VSFMC FT DA W Sm PLAN 198MAWA P. 0. C, = POINT OF COMMENCEMENT AD,USTMFNT STATF PCANF CDOYPD/NATF CERFIFICATE OF AUTHORIZATION 1 LB -43 SYSTEM (W) FOR RaWA FAST ZOAC PROJECT NO.; 6+2081 PARCEL 0. 210 CLIENT: COLLIER COUNTY TRANSPORTATION, TITLENGINEERING do CONSTRUCTION MANAGEMENT D IVISION SKETCH BEING PART OFT END ST 10 ' OTIOR CT 40, Parnan • E+bhwr • E-kO& • a—Y— • L-*cApokd* -* • Tr- q-i&kn C_0N18 GOLDEN GATE ES TA TS UNIT 34, PLAT BOOK 7, PAGE 23, WhwAllsr, kia COLLIER COUNTY, FLORIDA WpM • falYlw� • BrYOY • dtdrtld: • TOP TEr PROJECT p.: SHEET t 5 FILE 0.: "`'* ' ''A0 ''"tee °�°Ai 101U' � °�'p'� • twa�.. N+ oa /2002 N6022 -002 - 010 — TOHYIP z10 of xxx 2GG_203 May 06, 2004 — 14:57.09 KRIMESIX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2oo2D3s21niw., 3.10.11' (PLAT) 0 25 50 100 GOLDEN GAT E TA TES UNIT 34, Co 200 GRAPHIC SCALE PLA T BOOK , PAGE 23 16.1 16 EXISTING 60' EASEMENT 15 SOU TH 150' NOR TH 180' w Vj FOR R.O.W. PURPOSES PER PLAT OF TRA C T 16 OF TRA C T 16 ° a � cz GOLDEN GATE ES TA TES UNIT 32, PL T BOOK 7, PAGE 21 PROMa D PEIUAL, NON W ROAD M R.O. K M AGE, AND y unuTY SEMENT 4SU7 SQUAME BEET PROPOSED N007 '17"W R. 0. W. EASEMENT 58.20' 7.532817 "W S `O EXISTING 50' EASEMEA T FOR R. 0. W. PURPOSE ti (PER Pt T) P.O.C. LOGAN BOULEVARD EXISTING 50' EASEME T S. E. CORNER FOR R 0. W. PURPOSE OF TRACT 16 (PER PLAT) 18 17 1 17.1 Jo LE�L DESCR/PIION ALL THAT PART OF THE SOUTH 150 FEET OF TRACT 16, GOLDEN GA TE ES 7A TES UNI T 34, PL A T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 16; THENCE ALONG THE SOUTH LINE OF SAID TRACT SOUTH 892942" WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT LINE SOUTH 892942" WEST 33.00 FEET- THENCE LEAVING SAID SOUTH TRACT LINE NORTH 0028'17" WEST 58.20 FEET; THENCE NORTH 125242" EAST 86.62 FEET, , THENCE NORTH 0028'17" WEST 7.53 FEET, THENCE NORTH 892942" EAST 1300 FEET, , THENCE SOUTH 0028'17" EAST 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING J,957 SOUARE FEET MORE OR LESS. EXH I I T" A SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. Page oi�- -- REVISED 516104 KLR /502 PARCEL NO. c2)/ * ** NOT A SURVEY * ** PREPARED BY.' WILSONMI , INC. LEGEND: EXISTING R. 0. W. EASEMENT LANC T R, P OFE AL SURVEYOR & MAPPER PROPOSED FLORIDA REG/STRA LS 15627 R.O.W. EASEMENT NOT VALID UNLESS SIGNED BY THE SURVEYOR AND HEAPoNOS ARE SASEO av NMTH R. 0. W. = RIGHT OF WA Y SEALED WITH THE SURVEYORS EMBOSSED SEAL. AAe AN 0A ((I/yy L.D) t9Rt -1990 P-0,8- =POINT OF BEGINNING AD.A/Sl4lfNTSUiE'IrLANECOaWWAyr P.D.C. =POINT OF COMMENCEMENT CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (m) row naVA EAST XNE PROJECT NO.: 6208' PARCEL N0. : 211 CLIENT: _ COWER COUNTY TRANSPORTATION W� ,Milli r ft - LQENGINEERING & CONSTRUCTION MANAGEAfENT 0lV1SION TITLE: SKETCH AND DESCRIPflON BEING PART OF THE SOUTH 150 FEET OF TRACT 16, Pbm" ' E'Ipi' my • Ecok K+ • arwynn • Lendrews Ardncc» • rruw otbn Cw"anh GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, WkonWer, Ina COLLIER COUNTY, FLORIDA �W my • Fat*" • • t:1 *dM • Top DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: Fume -tom 04* 'tau 00 ' BI*ft w11KYk"W.0m 04/2002 N6022- 002 - 010 — TDHWP 211 OF XXX 2GG -203 May 10, 2004 — 10:08:02 LMILLERjX: \SUR \N6022 \Sketch Of Descriptlans \Submitted \2oa203s211 dw� 18 1 17 17.1 LEGAL awgiP no ALL THA T PART OF THE NORTH 180 FEET OF TRACT 16, GOLDEN GA TE ES TA TES UN/ T 34, PL T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 16; THENCE ALONG THE EAST LINE OF SAID TRACT SOUTH 0028'17" EAST 180.00 FEE T; THENCE LEAVING SAID EAST TRACT LINE SOUTH 892942" WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 892942" WEST 1300 FEET- THENCE NORTH 0028'17" WEST 129.45 FEET; THENCE NORTH 23'1949" WEST 22.30 FEET; THENCE NORTH 892942" EAST 21.66 FEET- THENCE SOUTH 00'28'17" EAST 150,00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,039 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 516104 KLR /502 * ** NOT A SURVEY * ** PREPARED BY.- N4LSONMI INC. LANG T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGIS TRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICAT£ OF AUTHORIZATION ,/ LB -4,i BEA1mvOS ARE BASCO ON NCRTN AM *r-W DARlM (N,A.D) 19BJ -1990 ADd/STMENT STATE PLANE COORDINATE' SYSTEM (GRID) FOR nawA CAST IONS. WI/SOAMuler ~ ` � • • Tm" �O0a*Lrb &h AV • Ak* =;a RI�RA77 • Phw ilFd�rOp • fu ",W -m • W*ft OWWWR A" EXHIBIT A Pagel, Of O PARML NO. Ala LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R.OW . EASEMENT R. 0. W. = RIGHT OF WA Y P. 0. B, = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT `"" COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DI VISION E` SKETCH AND DESCRIPTION GOLDEN GA E ES TA TES UNIT 34, 18o PL A TEBOOK 7,APAGE '23, COLLIER COUNTY, FLORIDA 04 N6022- 002 - 010 -TDHWP 1 212 of XXX MoI 06, 2004 - 15:30:20 KRIMESIX: \SUR \N6022 \Sketch Of Description s \Submitted \2gg203s212.dwg 3.10.1 ' (PLAT) GOLDEN GA TE ETA TES UN/ T 34, I 0 25 50 100 Y00 GRAPHIC SCALE PL T BOOK 7, PAGES 23 16.1 0 i6 15 a r- SOU TH 150' NORTH 180' EXISTING 60' EASEMENT FOR R. 0. W. PURPOSES PER PLAT OF TRA C T 16 OF TRA C T 16 y GOLDEN GATE ES TA TES UNIT 32, PROPOSED ERPETUAL, PLAT BOOK 7, PAGE 21 NON -EXCLU t�E ROAD 1 1 R. 0. W., DRA/ AGE, A ND UIIUTY SEMENT 2O9 SIX! FEET Ll ti 23'19'49 °W N00 28'17" W 0 22' 3 129.45' 01 rn P.O.B. s 00:28'1 7 E 150. 00,\ g \S.00 2 7 E\ 0 EXISTING 50' EASEME FOR R. 0. W. PURPOSE T 180 (PER PLAT) LOGAN B ULEVARD P, 0, C. EXISTING 50' EASEME N. E. CORNER FOR OSE T OF TRACT 16 PER PLA P 18 1 17 17.1 LEGAL awgiP no ALL THA T PART OF THE NORTH 180 FEET OF TRACT 16, GOLDEN GA TE ES TA TES UN/ T 34, PL T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 16; THENCE ALONG THE EAST LINE OF SAID TRACT SOUTH 0028'17" EAST 180.00 FEE T; THENCE LEAVING SAID EAST TRACT LINE SOUTH 892942" WEST 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 892942" WEST 1300 FEET- THENCE NORTH 0028'17" WEST 129.45 FEET; THENCE NORTH 23'1949" WEST 22.30 FEET; THENCE NORTH 892942" EAST 21.66 FEET- THENCE SOUTH 00'28'17" EAST 150,00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,039 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 516104 KLR /502 * ** NOT A SURVEY * ** PREPARED BY.- N4LSONMI INC. LANG T R, P OFE AL SURVEYOR & MAPPER FLORIDA REGIS TRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICAT£ OF AUTHORIZATION ,/ LB -4,i BEA1mvOS ARE BASCO ON NCRTN AM *r-W DARlM (N,A.D) 19BJ -1990 ADd/STMENT STATE PLANE COORDINATE' SYSTEM (GRID) FOR nawA CAST IONS. WI/SOAMuler ~ ` � • • Tm" �O0a*Lrb &h AV • Ak* =;a RI�RA77 • Phw ilFd�rOp • fu ",W -m • W*ft OWWWR A" EXHIBIT A Pagel, Of O PARML NO. Ala LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R.OW . EASEMENT R. 0. W. = RIGHT OF WA Y P. 0. B, = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT `"" COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DI VISION E` SKETCH AND DESCRIPTION GOLDEN GA E ES TA TES UNIT 34, 18o PL A TEBOOK 7,APAGE '23, COLLIER COUNTY, FLORIDA 04 N6022- 002 - 010 -TDHWP 1 212 of XXX MoI 06, 2004 - 15:30:20 KRIMESIX: \SUR \N6022 \Sketch Of Description s \Submitted \2gg203s212.dwg 15 � �o 0 S 18 a GOLDEN GA TE ES to TES UNIT 34, PLA T BOOK 7,1 PAGES 23 16.1 1 16 LOGAN I BOULEVARD 0 150 1 PROPOSED PERPEUAL US W ROAD AND U�1UTY EASEMENT 1, SOW E AM7 17 I 11 SOU TH 150 NOR TH 180' OF TRA C T 17 OF TRA C T 17 330. 00' (PLAT) 1 0 25 50 100 200 GRAPHIC SCALE 1,1 1 EXISTING 50' EASEME T FOR R. 0. W, PURPOSE (PER PL A T) EXISTING 50' EA SEYEh T FOR R. 0. W. PURPOSE (PER PL AT) PROPOSED R. 0, W. EASEMENT a EXISTING 60' EASEMENT °o FOR R, 0. W, PURPOSES PER PLAT tn i0 Cz GOLDEN GA TE ES TA TES UNIT 32, PL T BOOK 7, PAGE 21 LEGAL DEWR /P110N BEING THE EAST 13 FEET OF THE WEST 63 FEET OF THE SOUTH 150 FEET OF TRACT 17, GOLDEN GA TE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA. CONTAINING 1,950 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REWSED 5110104 L TM # *# NOT A SURVEY # #� PREPARED BY.• WIL 'olmI INC. LAN C T R,.P OFE AL SURVEYOR & MAPPER FLORIDA REGI MRA L'S 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION / LB -43 BEARINGS ARE BASED ON NORTH AMERICAN DAIUI/ (NA.OI fyBJ -1990 ADAJSIWNY STA'r PLANE CpgQO /NA 1£ SYSTEM (GRID) FOR FLORIDA EAST ZGW .. KHI IT 14 of D PARCEL NO. c� k� LEGEND: EXISTING R. R. 0 W. EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WA Y ..... de , J I'M-; COLUER coUNTY TRANSPORTATION, • "`°""'" " "`� "°°°°°°""" ENGINEERING & CONSTRUCTION MANAGEMENT DI MON tails �tMiller TITLE. SKETCH AND DESCRIPTION BEING PART OF THE SOUTH 150 FEET OF TRACT 17, Pkmm • Enpraerf • Ecobylrfa • Sw -yare • Lendec" Archllecla • Truwparhflon Cw"&nfe GOLDEN GA TE ES TA TES UNI T 34, PL A T BOOK 7, PAGE 23, WilsonWer, Inc. COLLIER COUNTY, FLORIDA Ak* FatA*v • Suual • & #*am • T&Vl DATE: PROJECT NO,; SHEET NUMBER: FILE NO.: `�'" '`1 ldi W'"Q"e901�°°D�0 F"�' f'""K _ �^ 0412002 N6022 -002 - 010 -7DHWP 213 of xxx 2r.r. 9n M oy 10, 2004 - 10:26:31 LMILLERjX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s213.dwg 330.10' (PLAT) LEGAL DESCR/P TION ALL THA T PART OF THE NORTH 180 FEET OF TRACT 17, GOLDEN GA TE ES TA TES UNI T 34, PL T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHWEST CORNER OF SAID TRACT 17, THENCE ALONG THE WEST LINE OF SAID TRACT SOUTH 00'28'17" EAST 180.00 FEET; THENCE LEAVING SAID WEST TRACT LINE NORTH 8929 42" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0028'17" WEST 150.00 FEET,• THENCE NORTH 892942" EAST 32.25 FEET,• THENCE SOUTH 2879'38" WEST 39.96 FEET,• THENCE SOUTH 0028'17" EAST 114.99 FEET,- THENCE SOUTH 89 2942" WEST 13.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2,287 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5110104 — L TM REVISED 6101104 * ** NOT A SURVEY * ** PREPAR Y.• WILSONMILL£R, INC. ANDREW B. BECK, PROFESSIONAL SURVEYOR & MAPPER FLORIDA RECISIRA770JV LS 16065 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURV! YOR S EMBOSSED SEAL. C£RFIFICATE OF AUTHORIZAAON a/ LB -43 PROJECT NO.: 62081 PARCEL NO.: 214 CURVE NUMBER l RADIUS= 5745.58 DELTA= 0076'16" ARC= 4J 91 TANGENT= 21.96 CHORD= 43.91 CHORD BRG. N.00'15 08'W. WANMCS ARE "D OV N RIH Aa MCAN OAS (N.A.OI 19DJ -1990 AOL 5, MT S/A & COCRIAM W SYM (coo) M n0WA EAST tae: wilsogimiller,�~� Fb— • Er Qk— • Eroball* • & w#— • LaWkWe Ard*sob • Tawle wlagoat CaleW&* *70orAeff,, Maa Mpk+ • hrtlbwa • Arn04t • Ba6ual» • Twp �lAOdMryLeaat gala YfO • laYpbt Fiyidt 1 • PAa1a WFCpa0A1 • Fsr ONdg37A1 • Mkb-dk InsaMmll�aroae °XHIBIT ige W of PARCEL NO.� LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W. EASEMENT R.O.W. = RIGHT OF WAY P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT CLIENT` COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTION BEING PART OF THE NORTH 180 FEET OF TRACT 17, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 04/2002 N6022 -002- 010 —TOHWp 214 OF XXX 2GG -203 run u,, wu4 — KKIMLbIX: \bUK \NbUZZ \SkelCh of Ue9Cripl Iona \Submitted \ZggZO32214.dwg GOLDEN GATE ES A TES UNIT 34, !; � r: w PLAT BOOK 7, PAGES 23 15 16.1 16 _ d 25 30 1do zoo GRAPHIC SCALE 1.1 C. EXISTING 50' EASEME T LOGAN B ULEVARD FOR ( 0. W. PAR) OSE 1oF PER PLA T TRACRN7R P.O.B. $ s o0 28'17"£. 180.00' \\ EASEMEA Fp OR. 0. W� "PURP SE T $ N. os 7 w\ 150.0 ' (PER PLAT) _ �'" E N .0078 PROPOSED R. 0. W. EASEMENT PROM ED PERPETUAL, a a o NON-EXCLUSIVE ROAD c EXISTING 60' EASEMENT FOR R.O.W. PURPOSES PER PLAT R. 0. W., RA/NAGE, AND o � S UTILI I Y EASEMENT $ 18 2 a 2,287 SOUARE FEET a+ 30 17 17,1 c y > SOUTH 150 NORTH 180 GOLDEN GA TE ES TA TES UNIT 32, PL T BOOK 7, PAGE 21 OF TRACT 17 OF TRA C T 17 y 330.10' (PLAT) LEGAL DESCR/P TION ALL THA T PART OF THE NORTH 180 FEET OF TRACT 17, GOLDEN GA TE ES TA TES UNI T 34, PL T BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHWEST CORNER OF SAID TRACT 17, THENCE ALONG THE WEST LINE OF SAID TRACT SOUTH 00'28'17" EAST 180.00 FEET; THENCE LEAVING SAID WEST TRACT LINE NORTH 8929 42" EAST 50.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0028'17" WEST 150.00 FEET,• THENCE NORTH 892942" EAST 32.25 FEET,• THENCE SOUTH 2879'38" WEST 39.96 FEET,• THENCE SOUTH 0028'17" EAST 114.99 FEET,- THENCE SOUTH 89 2942" WEST 13.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2,287 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5110104 — L TM REVISED 6101104 * ** NOT A SURVEY * ** PREPAR Y.• WILSONMILL£R, INC. ANDREW B. BECK, PROFESSIONAL SURVEYOR & MAPPER FLORIDA RECISIRA770JV LS 16065 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURV! YOR S EMBOSSED SEAL. C£RFIFICATE OF AUTHORIZAAON a/ LB -43 PROJECT NO.: 62081 PARCEL NO.: 214 CURVE NUMBER l RADIUS= 5745.58 DELTA= 0076'16" ARC= 4J 91 TANGENT= 21.96 CHORD= 43.91 CHORD BRG. N.00'15 08'W. WANMCS ARE "D OV N RIH Aa MCAN OAS (N.A.OI 19DJ -1990 AOL 5, MT S/A & COCRIAM W SYM (coo) M n0WA EAST tae: wilsogimiller,�~� Fb— • Er Qk— • Eroball* • & w#— • LaWkWe Ard*sob • Tawle wlagoat CaleW&* *70orAeff,, Maa Mpk+ • hrtlbwa • Arn04t • Ba6ual» • Twp �lAOdMryLeaat gala YfO • laYpbt Fiyidt 1 • PAa1a WFCpa0A1 • Fsr ONdg37A1 • Mkb-dk InsaMmll�aroae °XHIBIT ige W of PARCEL NO.� LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W. EASEMENT R.O.W. = RIGHT OF WAY P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT CLIENT` COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTION BEING PART OF THE NORTH 180 FEET OF TRACT 17, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 04/2002 N6022 -002- 010 —TOHWp 214 OF XXX 2GG -203 run u,, wu4 — KKIMLbIX: \bUK \NbUZZ \SkelCh of Ue9Cripl Iona \Submitted \ZggZO32214.dwg 16 JL U 2 0 25 50 too 200 GRAPHIC SCALE EXISTING 1 50' EASEMENT N W CORNER FOR R. 0, W. PURPOSES LO AN BO ULEVARD of TRACT 30 (PER PLAT) EXISTING 50' EASEMENT FOR RPER PURPOSES ,4 N. 0078'17 "W. 300.00 °p °� S 0078'17 "E. 300.00' P OPOSED PROPOSED PERPETUAL, R. 0. EASEMENT NON— MUSIVE ROAD ,y� I R.O.W., DRAINAGE, AND UnurY EASENEIV 4 0 1 30 29 29.1 WES T 112 C OF TRA C T 30 EXISTING 60' EASEMENT GOLDEN GA TE E TA TES UNIT 32, FOR R.O.W. PURPOSES PER PLAT PLAT BOOK 7, PAGE 21 17.1 y EAST 112 .30.1 330. oo' (PLA r) OF TRA C T 30 LEGAL DEEM110N THE EAST 25.00 FEET OF THE WEST 75.00 FEET OF THE WEST 112 OF TRACT 30, GOLDEN GATE ESTATES UNIT 32, PLAT BOOK 7, PAGE 21, COLLIER COUNTY, FLORIDA. CONTAINING 7,500 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 511 0104 - L TM NOT A SURVEY #� PREPARED BY- WLSONMI INC. LANC T R, P OFE AL, SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED. BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION 1 LB -43 PARCEL NO.: 8CARINGS ARE 9ASED ON NORTH AMERICAN DATUM (NA.D) 1983 -1990 AOA'TSTMENT STATC PLANE GODRDINA re SYSTEM (GRID) FOP FLORIDA CAST IO C. wilsonmiller Rwrwv • En hws • Ecokj*ts • Swwyora • Lmbc" ArIsMacto • TrangwrtaVon Conw4an o WlraonMBler. Inc. NrpiM - Fat*" • &ruok - &sdxim • Tarq W&Wsm R6200 -84* fbib JIIkf•w • mm wi-fiN"• Fu 9p-BL7-57v • w4K% mmillanrraa,l 7XHIBIT ge l =Of, RCEL NO._2 --�G LEGEND: EXISTING R. 0. W EASEMENT PROPOSED R. 0. W. EASEMENT R. 0. W. = RIGHT OF WAY P.O. B. = POINT OF BEGINNING P. 0. C. = POINT OF COMMENCEMENT :N,: COWER COUNTY TRANSPORTATION. ENGINEERING & CONSTRUCTION MANAGEMENT D!NSION E` SKETCH AND DESCRIPTION BEING PART OF THE WEST 112 OF TRACT 30, GOLDEN GATE ESTATES UNIT 32, PLAT BOOK 7, PAGE 21, COLLIER COUNTY, FLORIDA TE: PROJECT NO.: I SHEET NUMBER: FILE NO.: 0412002 1 N6022- 002 - 010 -TDHWP 1 216 OF xxx QGG-2Q Mcy 10, 2004 — 11:04:07 LMIIJ,_ERIX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s216.dwg Moy 10, 2004 — 11:17:56 LMILLERjX: \SUR \N6022 \Sketch Of Description s \Submitted \2gg203s219.dwg i� 30 2 2.1 3 0 25 50 100 200 GRAPHIC SCALE E STING 50' EASEMENT F R R. 0. W. PURPOSES LOGAN BO U EVARD (PER PLAT) X /STING 50' EASEMENT o o FOR ROW PURPOSES (PER PLAT) 165 w ti U -j",-PROPOSED _ 1 165 PERPETUAL, R. 0. W. EASEMENT av- E7�aUS W ROAD O.W., DRAINAGE; AND UnUTY EAS WMT 4125 SQUARE FW 30 0 o 0 28 28.1 ,29 29.1 a a SOU TH 112 NOR TH 112 GOLDEN GATE EST I TES UNIT 32, OF TRA C T 29 OF TRA C T 29 PLAT BOOK 7, PAGE 21 30.1 Zj 26.2 330.00' T (PL A ) LEGAL DESCRIPTION BEING EAST 25 FEET OF THE WEST 75 FEET OF THE SOUTH 112 OF TRACT 29, GOLDEN GA TE ES TA TES UNI T 32, PLAT BOOK 7, PAGE 21, COLLIER COUNTY, FLORIDA. CONTAINING 4,125 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5 -10 -04 - L TM EXH I IT Page � L) PARCEL NO, ___L_. * ** NOT A SURVEY * ** PREPARED BY. WILSONMI , INC. LEGEND: 7 EXISTING � R. 0. W. EASEMENT LANC R,-' P OFE AL 'SURVEYOR & MAPPER PROPOSED R. 0 W. EASEMENT FLORIDA REGISTRA LS 1§627 R.O. W. =RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARHVGS ARE BASED Lw NORM SEALED WITH THE SURVEYORS EMBOSSED SEAL. Cooa�owAIr AA"a�RrsWNrr'5r�Tf AA CERFIFICATE OF AUTHORIZATION / LB -43 SYSTEM (GRID) FOR FLOWA EAST zavr. PROJECT NO.: 62081 77F71. NO.: 219 CLIENT: COLDER COUNN TRAM •SPORT•A II I, EN&NEERING & CONSTRUCTION MANAGEWENT DINSION ^ R� TITLE. SKETCH AND DESCRIP77ON W BEING PART OF THE SOUTH 112 OF TRACT 29, Mivvws • ErOvws • Ecdcoin • Swwyon • LandecepeArdWeds • TraneportatbnConamants GOLDEN GATE ESTATES UNIT 32, PLAT BOOK 7, PAGE 21, COLLIER COUNTY, FLORIDA WdsonWer, Inc. NrpW • Faf*m • &rmW • &#dWm • Tenps 8II &kyLs%ah 2W • r Pbi* RWiW • Nov U4 *4W • Fu ~5M • w& Qo wwmk dvc= OATS: 0412002 PROJECT NO.: N6022-002-010— TDHWP SHEET NUMBER: 219 OF XXX I PILE NO.: 2GG -203 Moy 10, 2004 — 11:17:56 LMILLERjX: \SUR \N6022 \Sketch Of Description s \Submitted \2gg203s219.dwg 30 R. 0. W. Jo 30.1 2 2.1 LOGAN BO �TLEVARD L" DOSE PROPOSED ASE NT uniu_trrn R.O.W., ORv UTILITY E 4125 sm 0 S 29 a sou TH 112 OF TRA C T 29 ROAD AND 0 ,29.1 g Z� a NOR TH 1/2 OF TRA C T 29 330.00' -, (PLAT) 0 25 50 100 200 GRAPHIC SCALE EXISTING 50' EASEMENT FOR R (PER PLAT) OSES EXISTING 50' EASEMENT FOR (PER PLA) OSES 28 1 28.1 GOLDEN GA TE EST TES UNIT 32, PL T BOOK 7,1 PAGE 21 26.2 LEGAL DESCRIPTION BEING THE EAST 25 FEET OF THE WEST 75 FEET OF THE NORTH 112 OF TRACT 29, GOLDEN GA TE ES TA TES UNIT 32, PLAT BOOK 7, PAGE 21, COLLIER COUNTY, FLORIDA. CONTAINING 4,125 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5 -10 -04 - L TM * ** NOT A SURVEY * ** PREPARED BY.- W50NUX4, INC. LANAZaAtfR, P OFE �k SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION / LB -43 PARCEL NO. BEARINGS ARE BAS£0 ON NORM AMERICAN OAAW (N.A.0) 1983 -1990 AO.WM£Nl STAT PLAN£ COMWAI£ SYSI£M (MO) FOR FLORIDA EAS7 10W. w ," -nW&& wilsonmiller Rwvws • &p--t • SmbgWo • Arwy- • LuWwvo ArcMods • Tr-sporfetbn Cmrtlhnts WborANer, Ina 9700 BYeI L+na 8uN LVO • N ffald� 31G6 8507 •Han 91! 619dOM • Fu PN�/7-37M -kb-,W ww&wnlhrc= EXHIB,�T� Paged of 0 pARC EL NO. tL-� LEGEND: EXISTING R. 0. W. EASEMENT PROPOSED R. 0. W EASEMENT R. 0. W, = RIGHT OF WAY "T` COWER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUCTION MANAGEMENT DIVISION E: SKETCH AND DESCRIPTION BEING PART OF THE NORTH 112 OF TRACT 19, GOLDEN GATE ESTATES UNIT 32, PLAT BOOK 7, PAGE 21, COLLIER COUNTY, FLORIDA 0412002 1 N6022- 002 - 010 —TDHWP 1 220 OF XXX 1 2GG -203 May 10, 2004 - 11:16:08 LVLLERIX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s220.dwg IJL U 21 3 I 3.1 4.1 - I o xs so t zoo GRAPHIC oo SCALE EXISTING 50' E7T) LOG N B O ULEVA D FOR R. 0. W. P �4 (PER PL -- - EXISTING 50' FOR R. 0. W. P(PER PL 165' 165 PRQPOSED PEIUAL, y, o NAN -EXlX US/ ROAD .� R.O.W., ORAIN G& AND UllUrY EA ENT o cnn 4125 SYJI/ FEFT ° o � 28.1 27 28 WES T 112 OF c 29.1 r 'y IP NORTH 165 GOLDEN GA TE ES TA TES UNI T 32, SOU TH 165 L F TRA C T 28 PL AT BOOK 7, PAGE 21 OF TRA C T 28 I y I 28.2 - -- - - -- - — 1 EA S T 112 271 330.00' (PLAT) OF TRACT 28 LEGAL DESCRIPTION BEING THE EAST 25 FEET OF THE WEST 75 FEET BEING PART OF THE SOUTH 165' OF TRACT 28, GOLDEN GA TE ESTATES UNIT 32, PLAT BOOK 7, PAGE 21, COLLIER COUNTY, FLORIDA. CONTAINING 4,125 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 5 -10 -04 L TM REVISED 5 -17 -04 L TM EXHI�,IT A Pa ge `'L of �- '4RCEL NO. # ## NOT A SURVEY ## PREPARED BY: 05ONMoeq, INC.. LEGEND: EXISTING R. 0. W. EASEMENT LANAZ_kAKR, PfOFE WOA.L SURVEYOR & MAPPER PROPOSED R. D. W. EASEMENT FLORIDA REG157RAW LS 15627 R. 0. W. = RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEMMS ARE BASED Lw NORTN SEALED WITH THE SURVEYORS EMBOSSED SEAL. A'�t>WSIMEMEN°i�STTAATE PL�AC CCOOROW�TE CERFIFICATE OF AUTHORIZAT10N I LB -43 SYSTEM (GW) FOR FLORIDA EAST 20W. 10JECT NO.: 82081 I PARCEL NO.: 221 MOeII- 1 MG - R I.b LCi.7W wilsonmiller Phrsnre • fi Wives • EcaiVvft • Srmyors • Lsndec*e Archdects • Trsnsp adon CM"anls WdsonUfer, Inc. 32WB&*LrA 8*2W • Rsphs, Fhi* 3fp5- 8507 • M" U464 0 - Fu WF613 9111 • Wob-Sk swvWwmdvwm CLIENT: COWER COUN► l /RAN.7PO TA770N, ENGINEERING dkCONSTRUC71ON MANAGEMENT DIVISION TITLE: SKETO'H AND DESCRIPTION BEING PART OF THE SOUTH 165' OF TRACT 28, GOLDEN GATE ESTATES UNIT 92, PLAT BOOK 7, PAGE 21, COLLIER COUNTY, FLORIDA DATE: PROJECT NO.: I SHEET NUMBER: I FILE NO.: 0412002 N6022- 002 - 010 —TDHWP 1 221 of xxx 2GG -203 May 17, 2004 10:41:50 LMILLERjX:ASUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s221 dg i �a2 rn U tj a 1 Q 0 25 50 100 zDO 19 iv y I CJ GRAPHIC SCALE � c� °a a °po 20 P.O.C. N. E. CORNER OF TRACT 18 50028'17 E. 297.01' 680.00' (PLA T) WEST 105' OF TRACT 40 I P.O.B. N.0 X8'17 "W 13,0 " FEE SIMPLE. 975 SQUARE M7 o EAST 75' OF WEST 180' OF TRACT 40 g 39 4 0 N a f O TRACT 40 b i b S.0 8'I 7"E L ESS THE o z PINE RIDGE ROAD R. o. w, EAST 150' OF TRACT 40 b PROPOSED R. 0. W. 680.00' (PLAT) GOLDEN GATE ES TA TES UN/ T 34, 41 42 PL T BOOK 7, PAGES 23 LEGAL DESCRIPTION ALL THAT PART OF THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT 40, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF TRACT 18 OF SAID PLAT AND A POINT ON THE WEST LINE OF SAID TRACT 40; THENCE ALONG THE SAID WEST TRACT LINE SOUTH 0028'17" EAST 29701 FEET- THENCE LEAVING SAID WEST LINE 105.01 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE NORTH HA WNG A RADIUS OF 5,641.58 FEET THROUGH A CENTRAL ANGLE OF 01 '03'59 " AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 89'03'J2" EAST 105.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 75.02 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTH HAVING A RADIUS OF 5,641.58 FEET THROUGH CENTRAL ANGLE OF 00'4543" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 88 0841 " EAST 75.02 FEET; THENCE SOUTH 0028'17" EAST 1301 FEET- THENCE 75.02 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE NORTH HAVING A RADIUS OF 5,654.58 FEET THROUGH A CENTRAL ANGLE OF 0045'37" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 8808'52" WEST 75.02 FEET,' EXHIBIT .A THENCE NORTH 0028'17" WEST 1300 FEET TO THE POINT OF BEGINNING. Page �3 of ID-4 CONTAINING 975 SQUARE FEET MORE OR LESS pA►RCEL NO.__ SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, REVISED 5- 10 -04' L TM CUR VE TA BL E *# NAT A SURVEY # NO. RADIUS DEL TA ARC TANGENT CHORD CHORD BEARING f 5641.58' 0103 59" 105.01' 52.50' 10500' N.89 03'32 E. PREPARED. $Y; WILSONMI INC. 2 5641.58' 00'454J' 75.02' J7.51' 75.02' N.88'08'41 E 3 5654.58'00'45'37" 75.02' 37.51 ' 75.02' S 88 08 52 "W. LEGEND: PROPOSED R. 0. W. LANCkLXA,lfR, PfOFfpXAL, SURVEYOR & MAPPER FLORIDA REGISTRA LS' 15627 oEAAWGS ARE 8Asro aN NORTH R, 0. W. = RIGHT OF WAY AMERICAN DARX (N. AO) 1983 -1990 P.O.B. = POINT OF BEGINNING NOT VALID UNLESS SIGNED BY THE SURVEYOR AND AOAISTMENT STAIr PLAN£ COI)MATE SEALED Wl TH THE SURVEYORS EMBOSSED SEAL. SYSTEM (OW) fOR rumor EASr ZONE. P.O.C. = POINT OF COMMENCEMENT C RFIF/ A TE OF AUTHOR/ A TI ON I L 8 -4 PROJECT NO.: 62081 1 PARCEL NO.: 228 CLIENT: COLDER COUNTY TRANSPORTAnONA M1��°°°° ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION wil Miller TITLE: SKETCH A DESCRIPTION BEING PART OF THE THE EAST T 75' OF WEST 180' OF TRACT 40, Pkmws • EVnseri • Ecdoyids • Sweyors • LandscapsArd*ods • Tran4 -149on COWAante GOLDEN GATE ESTATES UNIT T PLAT BOOK 7, PAGE 23, NrhorMJlldr, Inc COLLIER COUNTY, FLORIDA NgNs • Faf lean , &reeds , 9adsnfal . Tanq DATE: PROJECT NO.: SHEET NUMBER: I FILE NO.: aaaoEl+ar Wa sla P00 • wpK Fts<d 9etl5 0507 • Pna,. WI 64� IO�O • r+r 9p by 3718 • Ivab eta wxwi msla can 0412002 N6022-002-010— TOHWP 1 225 OF XXX I 2GG -203 Moy 1D, 2004 — 13:39.17 LMILLERjk \5UR \N5022 \Sketch Of De5criptions \Submitted \2gg203s225.dwg May 10, 2004 — 14:23:02 LMILLERjk \SLR \N6022 \Sketch Of Descriptions \Submitted \299203s226,dwg ju u ri y� rn it I 9 1 jj I V O 25 SO ,00 YOD GRAPHIC SCALE a a000 <?m2� P.O.C. o N.E. CORNER OF TRACT 18 S00'28'17'E 297.01' _ — 6K00' (PLAT) PROPOSED R. 0. W. WEST 105' OF TRACT 40 -� 40 TRACT 40 LESS THE PINE RIDGE ROAD EAST 75' OF WEST 180' OF TRACT 400 0 0 2 '17 "W. R. 0. W. ° 1.01' 39 -� z P.O.B. .� 0 EAST 150' OF TRACT 40 FEE SIMPLE TAKING b 1,952 SQUARE FffT 680.00' (PLAT) 13.02' 5 0'28'17 E. GOLDEN GA TE ES TA TES UNIT 34, 41 42 PL T BOOK 7, PAGES 23 LEGAL DESCRIP11Q�( ALL THAT PART OF THE EAST 150 FEET OF TRACT 40, GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF TRACT 18 OF SAID PLAT AND A POINT ON THE WEST LINE OF SAID TRACT 40; THENCE ALONG THE SAID WEST TRACT LINE SOUTH 0028'17" EAST 297.01 FEET. THENCE LEAVING SAID WEST TRACT LINE EASTERLY 180.03 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 5,641.58 FEET THROUGH A CENTRAL ANGLE OF 014942" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 88'4041" EAST 180.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY 150.15 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 5,641,58 FEET THROUGH A CENTRAL ANGLE OF 013130" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 87'00'05" EAST 150.15 FEET TO THE EAST LINE OF SAID TRACT; THENCE ALONG SAID EAST TRACT LINE SOUTH 00 28'17" EAST 1302 FEET, THENCE ALONG THE NORTH LINE OF EXISTING PINE RIDGE ROAD RIGHT OF WAY WESTERLY 150.15 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 5,654.58 FEET THROUGH A CENTRAL ANGLE OF 0131'17" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 8700'26" WEST 150.15 FEET- THENCE NORTH 0028'17" WEST 1301 FEET TO THE POINT OF BEGINNING. EXHI IT CONTAINING 1,952 SQUARE FEET MORE OR LESS PagQ SUBJECT TO EASEMENTS & RESTRICTIONS OF RFMVk Of REVISED 5 -10 -04 L TM CUR VE TA BL E # NOT ,A SURVEY # NO. RADIUS DELTA ARC TANGENT CHORD CHORD BEARING 1 5641.58' 014942" 180.03' 90,02' 180.02' N 88'40'41 E 2 5641.58' 0131 '30" 150,15' 75.08' 150.15' N. 87 00'05 "E. PREPARED BY.• WIL SONMI INC. PL �, 3 5654.58' 0131 '17" 150.15' 75.08' 150.15' S. 87'00 26 "W. LEGEND: PROPOSED R.O. W, LANG T 8i P .OFE AL SURVEYOR & MAPPER FL REGISTRA -YM LS 15627 BEARINGS ARE BASED as NWIN R.O.W. = RIGHT OF WAY NOT VALID UNLESS SIGNED BY THE SURVEYOR AND A p SWE NS It PLAN COORDINATE P.O.B. = POINT OF BEGINNING SEALED WITH THE SURVEYORS EMBOSSED SEAL, srsT£w em) row nowDA £Asr zOV£. P. 0. C. = POINT OF COMMENCEMENT CERFIFICATE OF AUTHORIZATION If LB -43 PROJECT NO.: - ' - 62081- - PARCEL NO. 2.16 �y CO MY �+pAp �e CLIENT: COWER COUNTY II�AN.7PO TA I70N, ENGINEERING do CONSTRUCTION MANAGEMENT DIVISION w."wft - FtWoW -cume ' TITLE. SKETCH AND DESCRIPTION wilsonmiller BEING PART OF THE THE EAST 150' OF TRACT 40, PAmwe • EVwwt • Ecobyuts • &rvayors • Lar,rlsc"Arcmxts • Transporlagon C&w.#ants GOLDEN GATE ESTATES UNIT 34, PLAT BOOK 7, PAGE 23, COLLIER COUNTY, FLORIDA WdsonMdler, Inc Ness • Fcrl� • Ser" • &&dantai • Tvp DATE: PROJECT NO,: SHEET NUMBER: FILE NO.: azau &iey Lang sale zoo • klpblt Aondl ems X07 •none 9e1 B do/0 • Fu 9f1�f9 37k Web ste swwwiarrliaeas 0412002 1 N6022— 002— 010 — TDHWP 226 OF XXX 2GG -203 May 10, 2004 — 14:23:02 LMILLERjk \SLR \N6022 \Sketch Of Descriptions \Submitted \299203s226,dwg 10 o � a ,- a �-a �a h 0 r a 3229 33 28 3 ,LIa GERMAN WOODS, b PLAT BOOK 23, PAGE 62 I PROPOSED II C 2 DRAINAGE EASEMENT y 501.48' (PLAT) PROPOSED 50' DRAINAGE EASEMENT 7,716 SQUARE FEET fi EXISTING 100' EASEMENT FOR R. 0. W. PURPOSES (PER PLAT) 500.87' (PLAT) 0 25 50 100 200 GRAPHIC SCALE GOLDEN GATE ESTATES UNIT 30, PL T BOOK 7, PAGE 58 EXISTING 10' EASEM NT FOR DRAINAGE PURPOSES ER PLAT — EXISTING 10' EASEMENT FOR FP. &L. PURPOSES ER O.R.B. 2040, PAGE 19 — EXISTING 30' EASEM NT FOR R.O.W. PURPOSES P R PLAT w 117 0' GOLDEN GA TE UNI T 7, PLAT BOOK 5, PAGES 135 -146 �= 117.1 SANTA B�1 RBARA BO ULEIVARD LEGAL DESC,RIP 776W BEING THE NORTH 50 FEET OF LOT 1, GERMAN WOODS, PLAT BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET CONTAINING 7,716 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A SURVEY * ** PREPARED 8Y.• WILSONMI INC. LANC T R, P OFE AL .SURVEYOR & MAPPER FLORIDA, REGIS TRA LS J5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICAT£ OF AUTHORIZA710N / LB -43 4!-II�IT gE�. of x mmmL NOI-90 /. LEGEND: PROPOSED DRAINAGE EASEMENT WARAY05 ARE BASED ON NORTH AMERICAN �A R. 0. W =RIGHT OF WAY AD IME T S1F PL 1983-1990 DINATE O.R.B. = OFFICIAL RECORDS BOOK SYSTEM (GRID) FOR FLA%DA EASrZCWE. F.P. &L. = FLORIDA POWER & LIGHT PROJECT NO.: 6ZV01 PARCEL NO.: 801 CLIENT: COWER COUNTY TRANSPORTATION, ENGINEERING do CONSTRUCTION MANAGEMENT DI VISION wl� �M�,ler TITLE: SKETCH AND DESCRIPTION BEING G PART OF LOT 1, PAmere • Erp nam • Ecolo&fs • Sawyors - Landacaps ArcMtacfa • Tianepa�tabon Coneuflanfa GERMAN WOODS, PLAT TOOK 23, PAGE 62, WbonWler, Inc, COLLIER COUNTY, FLORIDA rvrf Myer, . sAr" . g,d,nyw . Tu*d DATE: PROJECT NO.: SHEET NUMBER: I FILE NO.: =sawsL4%&h2W•Nipb4Rw)d1345- W - Pion at- e4#-" •ruwaves- see•web- sa.awalwamhram 0412002 N6022- 002 - 010 –TDHWP 1 aDt of xxx 1 211212-203 Jul 11, 2002 — 14:32:23 JNAPIERjX: \SUR \N6022 \Sketch Of Description s \Submitted \2gg203s601.dwg C C R V Y� 0 25 s0 100 200 GRAPHIC SCALE EXISTING 30' EASEM$NT W. R. 0. PURPOSES PER PLAT EXISTING 10' EASEM NT RAINAGE PURPOSES PER PLAT XISTING 10• EASEMENT ' F.P. &L, PURPOSES ER .R.B. 2040, PAGE 19 117 1171 )L DEN GA TE ES TAI TES UNI T 30, PLAT BOOK 7, PAGE 58 LEGAL , DESMP110N BEING THE NORTH 50 FEET OF LOT 2, GERMAN WOODS, PLAT BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA. CONTAINING 9,770 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A SURVEY * ** PREPARED BY. WILSONMI INC. 4 ., LANG R,, P ,OFE AL SURVEYOR & MAPPER FL ORIQA ' REGISTRA � L S 1j 627 ' NOT VALID UNLESS SIGNED BY. THE SURVEYOR AND SEALED'-WITH THE SUf7U£YOR S EMBOSSED SEAL, CERFI`TOA °TE OF AUTHORIZATION%% LB -43 IJECT NO 62081 1 PARCEL NO. 802 EXHI� T Pa 9e of ';GEL NO--hl� LEGEND: PROPOSED DRAINAGE EASEMENT DEMMS ARE BASED ON NORTH A R. 0. W. =RIGHT OF WAY AMERICAN DATUM (N.AD) 1993 -1890 ADJUSTACAfT STAR PLANE COMMATE O.R.B. = OFFICIAL RECORDS BOOK SYSTEM (09D) FOR RORVA EASr IME. FP- &L. = FLORIDA POWER & LIGHT ER COUNTY TRANSPORTA 7TON, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION 1/111I5vlI/r/ / /iff TITLE. SKETCH AND DESCRIPTION Phn— • &W—re • EcOh*#ta • 9una GERMAN WOODS, PLAT BOOK 23, PAGE 62, Yore • I.a/decepsArchdecfa • 7raneporferlonConnflente Inc, COUNTY, FLORIDA New • Fwf Mal • Serm(f • Bad&U • TL7pe DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: =8*yLwA AdeM • Neph F6rlde 7 • ftw 14"44M • Fa 94"v -5m • wey-go wwwaarAr.cm 0412002 N6022- 002 -010– rDHWP 802 of xxx I 2GG -2ii Jul 11, 2002 — 14:34:18 JNAPIERIX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s802.dwg PROPOSED DRAINAGE j 4 EASEMENT . a � — GERMAN WOODS, O b � r., PLAT BOOK 23, PAGE 62 O FOR a a FOR L -.-, FDI f *� 501.83' (PL AT) a PROPOSED 50' DRAINAGE EASEMENT h 9,770 SQUARE RET A O O a G( 50' _ 501.48' (PLAT) q I Y� 0 25 s0 100 200 GRAPHIC SCALE EXISTING 30' EASEM$NT W. R. 0. PURPOSES PER PLAT EXISTING 10' EASEM NT RAINAGE PURPOSES PER PLAT XISTING 10• EASEMENT ' F.P. &L, PURPOSES ER .R.B. 2040, PAGE 19 117 1171 )L DEN GA TE ES TAI TES UNI T 30, PLAT BOOK 7, PAGE 58 LEGAL , DESMP110N BEING THE NORTH 50 FEET OF LOT 2, GERMAN WOODS, PLAT BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA. CONTAINING 9,770 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A SURVEY * ** PREPARED BY. WILSONMI INC. 4 ., LANG R,, P ,OFE AL SURVEYOR & MAPPER FL ORIQA ' REGISTRA � L S 1j 627 ' NOT VALID UNLESS SIGNED BY. THE SURVEYOR AND SEALED'-WITH THE SUf7U£YOR S EMBOSSED SEAL, CERFI`TOA °TE OF AUTHORIZATION%% LB -43 IJECT NO 62081 1 PARCEL NO. 802 EXHI� T Pa 9e of ';GEL NO--hl� LEGEND: PROPOSED DRAINAGE EASEMENT DEMMS ARE BASED ON NORTH A R. 0. W. =RIGHT OF WAY AMERICAN DATUM (N.AD) 1993 -1890 ADJUSTACAfT STAR PLANE COMMATE O.R.B. = OFFICIAL RECORDS BOOK SYSTEM (09D) FOR RORVA EASr IME. FP- &L. = FLORIDA POWER & LIGHT ER COUNTY TRANSPORTA 7TON, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION 1/111I5vlI/r/ / /iff TITLE. SKETCH AND DESCRIPTION Phn— • &W—re • EcOh*#ta • 9una GERMAN WOODS, PLAT BOOK 23, PAGE 62, Yore • I.a/decepsArchdecfa • 7raneporferlonConnflente Inc, COUNTY, FLORIDA New • Fwf Mal • Serm(f • Bad&U • TL7pe DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: =8*yLwA AdeM • Neph F6rlde 7 • ftw 14"44M • Fa 94"v -5m • wey-go wwwaarAr.cm 0412002 N6022- 002 -010– rDHWP 802 of xxx I 2GG -2ii Jul 11, 2002 — 14:34:18 JNAPIERIX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s802.dwg 0 c i r_ Ur z kc !;� I A-�� ' 0 25 50 100 200 GRAPHIC SCALE :OLDEN GATE EST4 TES UNIT 30, PL T BOOK 7, IPA GE 58 117 EXISTING 10' EASEMEA )R F.P. &L. PURPOSES O.R.B. 2040, PAGE 15 117.1 — EXISTING 30' EASEM�NT )R R. 0. W. PURPOSES P R PL A T - EXISTING 10' EASEMENT DRAINAGE PURPOSES PER PLAT LEGAL DESCRIPTION BEING THE NORTH 50 FEET OF LOT 3, GERMAN WOODS, PLAT BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA, CONTAINING 9,760 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. *** NOT A SURVEY * *# PREPARED BY- .�� ,,, ' nn� —1 rL I V11 (Z mnrr[n FLORIDA REGISTRA ; LS, X15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVI"rOR'S EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION L8-43 N0. : -.CHI IT : -age of °` EL NO. LEGEND: PROPOSED DRAINAGE EASEMENT BEARINGS ARE BASED ON NORIM R.O.W. =RIGHT OF WAY AMERICAN DATUM (N.AD) 190 -1990 ADJUSTMENT STATE PLANE COMVA)r D.R.B. = OFFICIAL RECORDS BOOK SMEM (GRID) FOR TLORVA CAST ZONE. FP, &L. = FLORIDA POWER & LIGHT COWER COUNTY TRANSPORTANW. MMAW k • RL4M W-000M ��I ��I�I�� TITLE: NEER/NG SK BHT AND E CRIP77ON MANAGEMEWT DI NSION BEING PART OF LOT 3, PhIM -8 • Ergk -8 • 6 -bavis • Burmyors • Lendecepe ArcNtech • TrenspoHsuan Consonants GERMAN W0005, PLAT BOOK 23, PAGE 62, WdaonMiller, Inc. COLLIER COUNTY, FLORIDA NOw • FwtMws • Bsrmid • 9&*rkn •TMlps DATE: PROJECT Np.: SHEET NUMBER: FILE NO.: =k0yLw&h0' 4' T -mm 40'W W wgb- &o vwb�« 0412002 N6022- 002 - 010 —TDHWP 1 803 OF XXX _900,211 Jul 11, 2002 — 14;36:07 JNAPIER k \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s803.dwg i PROPOSED DRAINA GE 4 EASEMENT 502.26' (PLAT) 50' p PROPOSED 50' DRAINAGE EASEMENT o 9,760 SQUARE fEET a G� 501.83' (PLAT) o' + GERMAN WOODS, PL T BOOK 23, PAGE 62 I F' N 2 I� F( O FOR T 1 y !;� I A-�� ' 0 25 50 100 200 GRAPHIC SCALE :OLDEN GATE EST4 TES UNIT 30, PL T BOOK 7, IPA GE 58 117 EXISTING 10' EASEMEA )R F.P. &L. PURPOSES O.R.B. 2040, PAGE 15 117.1 — EXISTING 30' EASEM�NT )R R. 0. W. PURPOSES P R PL A T - EXISTING 10' EASEMENT DRAINAGE PURPOSES PER PLAT LEGAL DESCRIPTION BEING THE NORTH 50 FEET OF LOT 3, GERMAN WOODS, PLAT BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA, CONTAINING 9,760 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. *** NOT A SURVEY * *# PREPARED BY- .�� ,,, ' nn� —1 rL I V11 (Z mnrr[n FLORIDA REGISTRA ; LS, X15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVI"rOR'S EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION L8-43 N0. : -.CHI IT : -age of °` EL NO. LEGEND: PROPOSED DRAINAGE EASEMENT BEARINGS ARE BASED ON NORIM R.O.W. =RIGHT OF WAY AMERICAN DATUM (N.AD) 190 -1990 ADJUSTMENT STATE PLANE COMVA)r D.R.B. = OFFICIAL RECORDS BOOK SMEM (GRID) FOR TLORVA CAST ZONE. FP, &L. = FLORIDA POWER & LIGHT COWER COUNTY TRANSPORTANW. MMAW k • RL4M W-000M ��I ��I�I�� TITLE: NEER/NG SK BHT AND E CRIP77ON MANAGEMEWT DI NSION BEING PART OF LOT 3, PhIM -8 • Ergk -8 • 6 -bavis • Burmyors • Lendecepe ArcNtech • TrenspoHsuan Consonants GERMAN W0005, PLAT BOOK 23, PAGE 62, WdaonMiller, Inc. COLLIER COUNTY, FLORIDA NOw • FwtMws • Bsrmid • 9&*rkn •TMlps DATE: PROJECT Np.: SHEET NUMBER: FILE NO.: =k0yLw&h0' 4' T -mm 40'W W wgb- &o vwb�« 0412002 N6022- 002 - 010 —TDHWP 1 803 OF XXX _900,211 Jul 11, 2002 — 14;36:07 JNAPIER k \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s803.dwg ----- f- --t- -80 - - -- 58TH STREET SOUTHWEST 504.19' (PLAT) EXISTING 60' EASEMENT 7 FOR R. 0. W. PURPOSES PER PL A T GERMAN WOODS, 4 PLAT BOOK 23, PAGE 62 0 25 50 100 200 GRAPHIC SCALE FEE SIMPLE TAKING 196,728 SQUARE FEET 0 °o 0 r, 95 117 1 117.9 LEGAL DESMIP 110N BEING THE EAST 391 FEET OF TRACT 96, GOLDEN GA TE ES TA TES UNI T 30, PL T BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA. CONTAINING 196,728 SQUARE FEET MORE OR LESS, SUBJECT TO THE EXISTING 160' DRAINAGE EASEMENT PER PLAT AND OFFICIAL RECORDS CONTAINING 62,560 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. NOT A SURVEY * ** PREPARED 'BY- WILSONMI INC. '1 LANC&Z.UgeR, PtOffJ510AL SURVEYOR & MAPPER FLORIDA REGISTRAftVg LS 15627 NOT, VALID UNLESS SIGNED BY THE SURVEYOR AND SEALE6'W1TH THE SURVEYORS EMBOSSED SEAL. CERTIFICATE bP'AUTHORIZATION / LB -43 PROJECT NO.: NO. : EXHI��T� Page � of =O !PARCEL NO. LEGEND: EXISTING DRAINAGE EASEMENT BEARNGS ARE BASED ON NORTH � PROPOSED ACQUISITION AMERICAN DATUM (N.A.0) IMJ -1990 ADAISTMENT STATE PLANE COOWWATE R.O.W. = RIGHT OF WAY SYSTEM (GR10) FAR FLowA EAST IONS. Planers • Erne • Ecobplsts • Sawywo • Landacepe ArchNads • Trenspomaim Cm"ants WdsonMdcr, Inc. MON • Fcrl *m • 9sruolo • t}dwdm • Top 3109E+11sy La% $* 109 • N4* ✓bi* 340-W • ftos 91F6Q -" • Fu 9pdd9-M • Web-go wywo6mmorm :N1: COLLIER COUNTY TRANSPORTA710N, ENGINEERING d: CONSTRUCTION MANAGEMENT DIVISION E` SKETCH AND DESCRIPTION BEING PART OF TRACT 96, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58, COLLIER COUNTY, FLORIDA 0412002 I N6022- 002 - 010 —TDHWP 1 805 OF XXX 2GG -2031 . -,. —, .,!,. \11 \ \--1 v Ue F Puons\auom c G\tggtwsoU:D.awq GOLDEN GA TE ES TA S UNIT 30, PROPOSED PLAT BOOK 7, AGE 58 R. 0, W. EA SEMEN T 10711 107 106 106.1 ML Vtj 0 25 50 100 200 GRAPHIC SCALE EXISTI G 53' EASEMENT I FOR 0. W. PURPOSES EAST LINE OF SECTION 29 PER PLAT) SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6, cY, 120.00' (PLAT) PLAT BOOK 5, PAGES 124 -134 I XU ALLCT fe-L:K VLAIJ / ILU.UU fIZAIJ PROPOSE 25' DA AINAGE E SEMEN t5it 26 2 30 125' 23 22 21 5 6 7 25 24 BL OCK 225 GOA PLA T B DEN GATE OK 5, PAGES NIT 6, 124 -134 XU ALLCT fe-L:K VLAIJ / ILU.UU fIZAIJ GOLDEN GA TE UNIT 6, 55TH TERRACE S. W. PL T BOOK 5, PAGES 124 -134 � BLOCK 224 LEGAL DESCRIPTION BEING THE SOUTH 25 FEET OF LOT 4, BL OCK 225, GOLDEN GA TE UNI T 6, PL T BOOK 5, PAGES 124 -134, COLLIER COUNTY, FLORIDA. CONTAINING 3,125 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A SURVEY * ** PREPARE 8Y.- WILSONUILLER, INC. ,a --, O ANDREW B. BECK, PROFESSIONAL SURVEYOR do MAPPER FLORIDA REGIS TRA TION LS 16065 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION ,/' L8 -43 ZHI� T e ,'o "CEL NO (/ r LEGEND: &I riANN, 40 PROPOSED DRAINAGE EASEEMENT BEA011Z ABE BASIM Av NWTH R. 0. W, =RIGHT OF WAY ANEMCIN A4M AAJ Itki! -I990 ADA/S/YENY STA PLAAE pcovow UYE SYSMI loan) Fop FLOWA EASY Jaws 2) REVISED 06 -01 -04 1) REVISED EASEMENT 5 -30 -03 PROJECT NO.: 62081 PARCEL NO. 806 CLIENT: COLLIER COUNTY TRANSPORTATION, "°"" -000 1- ftu'LOm ENGINEERING & CONSTRUCTION MANAGEMENT DIOSION Wilsosimill,r TITLE: SKETCH AND DESCRIPTION BEING PART OF LOT 4, BLOCK 225, Pl rrtere • &ghse►. • E-bgW • a.v"- • LanripcapeA W*vck • T,anpafao_ Co_"* GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134, WhwtM/ar, kla COLLIER COUNTY, FLORIDA fig�ly ' Ftirllfpry • !Y'MOY • a***. • Tarps DATE: P �806 UMBER: FILE NO.; 04/2002 of xxx 2 GG -203 Jun 01. 2004 — 15:00:14 NRIMESIX: \SUR \N8022 \Sketch n) n .... IMi—\c.w. • - -- -------------- PROPOSE 25' DA AINAGE E SEMEN 26 3,125 SOUA ri F FEET 23 22 21 20 19 18 25 24 BLOCK 225 GOA PLA T B DEN GATE OK 5, PAGES NIT 6, 124 -134 GOLDEN GA TE UNIT 6, 55TH TERRACE S. W. PL T BOOK 5, PAGES 124 -134 � BLOCK 224 LEGAL DESCRIPTION BEING THE SOUTH 25 FEET OF LOT 4, BL OCK 225, GOLDEN GA TE UNI T 6, PL T BOOK 5, PAGES 124 -134, COLLIER COUNTY, FLORIDA. CONTAINING 3,125 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. * ** NOT A SURVEY * ** PREPARE 8Y.- WILSONUILLER, INC. ,a --, O ANDREW B. BECK, PROFESSIONAL SURVEYOR do MAPPER FLORIDA REGIS TRA TION LS 16065 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERFIFICATE OF AUTHORIZATION ,/' L8 -43 ZHI� T e ,'o "CEL NO (/ r LEGEND: &I riANN, 40 PROPOSED DRAINAGE EASEEMENT BEA011Z ABE BASIM Av NWTH R. 0. W, =RIGHT OF WAY ANEMCIN A4M AAJ Itki! -I990 ADA/S/YENY STA PLAAE pcovow UYE SYSMI loan) Fop FLOWA EASY Jaws 2) REVISED 06 -01 -04 1) REVISED EASEMENT 5 -30 -03 PROJECT NO.: 62081 PARCEL NO. 806 CLIENT: COLLIER COUNTY TRANSPORTATION, "°"" -000 1- ftu'LOm ENGINEERING & CONSTRUCTION MANAGEMENT DIOSION Wilsosimill,r TITLE: SKETCH AND DESCRIPTION BEING PART OF LOT 4, BLOCK 225, Pl rrtere • &ghse►. • E-bgW • a.v"- • LanripcapeA W*vck • T,anpafao_ Co_"* GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134, WhwtM/ar, kla COLLIER COUNTY, FLORIDA fig�ly ' Ftirllfpry • !Y'MOY • a***. • Tarps DATE: P �806 UMBER: FILE NO.; 04/2002 of xxx 2 GG -203 Jun 01. 2004 — 15:00:14 NRIMESIX: \SUR \N8022 \Sketch n) n .... IMi—\c.w. • - -- -------------- GOLDEN GA TE ESTATES UNI T 30, PLAT BOOK 7, AGE 58 107.11 107 106 PROP 05 R. 0. W. E S 0 25 30 100 200 GRAPHIC SCALE 106.1 EXISTI G 53' EASEMENT 1 FOR 0. W. PURPOSES EAST LINE OF SECTION 29 PER PL T) SANTA BARBARA BOULEVARD GOLDEN GA TE UNIT 6, c" I 120.00' (PLAT) PL T BOOK 5, PAGES 124 -134 q I 2 6 3° o 5 7 a a BLOCK 225 ! 2 `~ 5' 25' 20' ALLEY (PER PLAT) 120.00' (PLAT) D!O/1Dl1CCr1 ��' TEMPOTARY CO S TRUC TI N EA SEWN T 26 23 22 ,125 SQUARE FEET 19 18 25 24 21 20 GO DEN GATE NI T 6, BLOCK 225 PLAT B OK 5, PA G S 124 -134 GOLDEN GATE UNIT 6, 1 55TH TERRACE S. W. PLA T BOOK 5, PAGES 124 -134 o BLOCK 224 LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT (TCE)) BEING THE NORTH 25 FEET OF THE SOUTH 50 FEET OF LOT 4, BLOCK 225, GOLDEN GA TE UNI T 6, PL T BOOK 5, PAGES 124 -134, COLLIER COUNTY, FLORIDA. CONTAINING 3,125 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. *�** NOT A SURVEY * ** PREPARED WILSOA'MILLER, INC. A R£W B. BECK, PROFESSIONAL SURVEYOR & MAPPER FLORIDA REGISTRATION LS 16065 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERTIFICATE OF AUTHORIZATION / LB -43 EXHIBIT _/� Page of Pag r'ARCEL NO. LEGEND: TEMPORARY CONSTRUCTION EASEMENT 9EAMV S AW S4= aV AMDf R.O. W. =RIGHT OF WAY AWNCAN DATW (MAD) IMJ -1990 ADMTMJNT STAiE PEANE COVOW)E SYSTEM (OW) !OP ROWA EAST 1W.. PROJECT NO.: 62081 PARCEL NO.: 706 CLIENT: COLLIER COUNTY TRANSPORTATION, w ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION l m lller TITLE: BEING SKETCH AND DESCRIPTION ART OF LOT 4, BLOCK 225, Fb— • &Whwv • Ecdooft • &t WYW9 • L&Acb oArd* --ft • TianWiso -Carr *M* GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134, Klooll'AdIff, ft COLLIER COUNTY, FLORIDA . NglM1 • FtYf*W • %vich • ftwi n • TWO DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: "rk Poo 3ctt -w' -new "40.0i0 • w mom • ter. +Q A" 0412002 N6022- 002 - 010 - TDHWP 806 of XXX 2GG- 20JA Jun 01. 2004 — 15:01:57 n, n____,_. e___, .._ _-- .- -- - • -- — - %ryy . .y GOLDEN GATE ES TA FES UNIT 30, PRO) OSED PLAT BOOK 7, AGE 58 R. 0. W. E A SEMEN T �— -- •-- -- -- -- 0 25 50 100 200 GRAPHIC SCALE 1071 107 � 106 106.1 EXIS TI) G 53' EASEMENT FOR 0, W, PURPOSES EAST LINE OF SECTION 29 PER PLA T) SANTA BARBARA BOULEVARD GOLDEN GA TE UNIT 6, ul I PLAT BOOK 5, PAGES 124 -134 1': I 2 3 4 5 6 7 E SIMPLE TWING BLOCK 225 1aOW SWOE 20' ALLEY (PER PLAT) 80.00' (PLAT) i u�, - 26 25 24 �3 t 22 21 20 19 18 a `~ a �" GO DEN GATE NIT 6, BLOCK 225 PLA T B OK 5, PA S 124 -134 i 80.00' (PLAT) GOLDEN GA TE UNIT 5, 55TH TERRACE S. W. PLAT BOOK 5, PAGES 124 -134 0 BLOCK 224 LEGAL DESOW770N BEING ALL OF LOT 23, BLOCK 225, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134, COLLIER COUNTY, FL ORIDA. CONTAINING 10,000 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. - XHIBIT age of �kCEL NC * ** N0T A SURVEY��' PREPARED BY.- WILSONM INC. LEGEND: LANC R, Pj0FQSafAL SURVEYOR MAPPER FLORIDA REGISTRA LS 15627 PROPOSED ACOUISITION NOT 'VALID UNLESS SIGNED BY THE SURVEYOR AND KAB/NGS ARE BASED Qv NWW R.O.W. = RIGHT OF WAY SEALED WITH THE SURVEYORS EMBOSSED SEAL. I nAZ ADJJS iENrAS11TA AJT CERFIFICATE OF AUTHORIZATION I LB -43 srsirm (rAro) Fm fiO4p" cAsr zw. PROJECT NO.: 62081 I PARCEL NO. : 807 CLIENT: COWER ER �NTY rR,,v, SPORTA nON. V Vf.1.1 MMYn, Ye - R IhJLOlOW00 NEERING dt CONSTRUCnON MANAGEMENT DIVISION wig m I,I�� TITLE: SKETCH AND DESCRIPTION Pill • Enphear+ • E-baft • 8V»yan . Lawlmak sArWocb • T- WoHaffm0maulhnl: BEING ALL OF LOT 23, BLOCK 225, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134, ww8? Mbler Ina COLLIER COUNTY, FLORIDA • F ,16 q • 9idw*m • Trop DATE: 04/2002 PROJECT NO.: N6022 -002- 010 —TDHWP SHEET NUMBER: 807 OF XXX I FILE NO.: 2GG -203 Jul 11, 2002 — 10:06:45 JNAPIERIX: \SI1R \NF;n9? \rLot,h ns n--- -1 l; \c..L ua__iI EAST I LINE OF SECTION 29 SANTA BARBARA BOULEVARD GOLDEN GA TE UNIT 6, cn 1, PLAT BOOK 5, PAGES 124 -134 �"= Illud 6?%" 0 25 50 100 200 GRAPHIC SCALE 2 3 4 5 6 I 7 BLOCK 225 20' ALLEY (PER PLAT) 26 25 24 i 23 1 22 21 GOL N GA TE U IT 6, BLOCK 225 PLAT 80 K 5, PAGE 124 -134 i 55TH TERRACE S. W. 95.00' (PLA 20 I 19 18 ww wiaw�w �I A125 SQUARE FEET i C31)1 0 `I LEGAL DESCRlPTIONI BEING THE NORTH 25 FEET OF LOT 14, BLOCK 216, GOLDEN GA TE UNI T 6, PL T BOOK 5, PAGES 124 -134, COLLIER COUNTY, FLORIDA. CONTAINING 3,125 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT Pag I Of ARCEL NO. * NOT A SURVEY * ** � CA cr � 13 y 44NCXZjoeR, PjOffS.WAL SURVEYOR do MAPPER FLORIDA REGISTRA LS 15627 15I 14 NOT 'VALID UNLESS SIGNED BY THE SURVEYOR AND KAftW ARE BASED aN NORW R.O.W. = RIGHT OF WAY SEALED W N THE SURVEYOR'S EMBOSSED SEAL. O CERFIFICA TE OF AUTHORIZA TION / LB -43 srsaw (aa) Faa nawA EAsr zw.. BLOCK 224 PARCEL NO.: 808 25 CLIENT: COLLIER COUNTY TRANSPORTATION, BLOCK 216 95. 0' (PLAT) 12 wilnmiller TITLE: SKETCH AND 16 11 Pwvwo • 5vhmv - Ecdopbb • srvrsyon • Lwwmcvokd�txb • 7rwp"Abn cv"anb LEGAL DESCRlPTIONI BEING THE NORTH 25 FEET OF LOT 14, BLOCK 216, GOLDEN GA TE UNI T 6, PL T BOOK 5, PAGES 124 -134, COLLIER COUNTY, FLORIDA. CONTAINING 3,125 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD, EXHIBIT Pag I Of ARCEL NO. * NOT A SURVEY * ** PREPARED BY:, MLSONMI ,, IN LEGEND: 44NCXZjoeR, PjOffS.WAL SURVEYOR do MAPPER FLORIDA REGISTRA LS 15627 PROPOSED DRAINAGE EASEMENT NOT 'VALID UNLESS SIGNED BY THE SURVEYOR AND KAftW ARE BASED aN NORW R.O.W. = RIGHT OF WAY SEALED W N THE SURVEYOR'S EMBOSSED SEAL. AWAICAN AaWrWNT s�IT a ' C=lr CERFIFICA TE OF AUTHORIZA TION / LB -43 srsaw (aa) Faa nawA EAsr zw.. PROJECT NO.: 62061 PARCEL NO.: 808 CLIENT: COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION wilnmiller TITLE: SKETCH AND , BLOCK BEING PART OF LOT T 14 14, BLOCK 216, Pwvwo • 5vhmv - Ecdopbb • srvrsyon • Lwwmcvokd�txb • 7rwp"Abn cv"anb GOLDEN GATE UNIT 6, PLAT TOOK 5, PAGES i24 -134, COLLIER COUNTY, FLORIDA W*oMWer NipW , �� , g� , gam , TWO DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: &W airy UAI ah zo • A* Fblii S1Xki4W • rt o wi f-" • Far "40 -spa • W*00 rwl.�omr =" 0412002 N6022– 002– 010 – TOHWP 808 of XXX 2GG -203 Jul 11, 2002 — 10:07:03 JNAPIERIX: \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s808.dwg LEGAL DESCR/P110N BEING THE SOUTH 25 FEET OF LOT 13, BLOCK 216, GOLDEN GA TE UNI T 6, PLA T BOOK 5, PAGES 124 -134, COLLIER COUNTY, FLORIDA. CONTAINING 2,374 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. �# NOT A SURVEY ## PREPARED BY: WILSONM , INC. LANG T R,, P OFf AL SURVEYOR & MAPPER FLORIDA REGIS TRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND 8EA'a Aff WSED X aORni SEALED WTH THE SURVEYOR'S EMBOSSED SEAL. AaJvsn�"v°rASTA a,°u)ve19c OROMrF CERFIFICATE OF AUTHORIZATION I LB -43 SVSNM (MID) FOR FLORIDA EAST M. tOJECT NO.: 62081 1 PARCEL NO.: 809 . N-m ,V.- nUw7m- tails nm ller Pbw— • E k*—s • ECM • SSrvoMv • L&Www ArWods • TrwAp"Uon CauWMnts WbonUlor, Inr Ak* • Fall"m • sm* • Br*tbi • Tapp 9r00d�TLaK 81�e 1A0 • �PMt Rail 9Rlid3rp • Rmr WFEIi~r010 • Fu iNiq�7N1 • Mi6,�e rrr.Mlamiroaa Y.-XHIBIT °age !03 Of33 "CEL NO. ' (/ LEGEND: PROPOSED DRAINAGE EASEMENT R. 0. W. = RIGHT OF WAY CLIENT: COWER COUNTY TRANSPORTATION, ENGINEERING & CONS7RUC710N MANAGEMENT DIMSION TITLE: SKETCH AND DESCRIPTION BEING PART OF LOT 13, BLOCK 216, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134, COLLIER COUNTY, FLORIDA DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 0412002 N6022- 002 - 010 -TDHWP 1 809 OF XXX 2OC -26 J,II 11, 2002 — 10:07:19 JNAPILRIX: \5UR \NbU22 \Sketch Of Descriptions \Submitted \2gg203s809.dwg EAST I LINE OF SECTION 29 SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 6, ell v, ► PLAT BOOK 5, PAGES 124 -134 ► 0 25 50 100 200 GRAPHIC SCALE 2 3 4 5 6 7 BLOCK 225 20' ALLEY (PER PLAT) 26 25 I 24 23 22 21 20 '19 18 GOL N GATE U /T 6, ROPOSE 25' BLOCK 225 PLA T BO K 5, PAGE 124 -134 DR INAGE EA SEMEN i 2374 SQUARE FEET i 55TH TERRACE S. W. o ► ° ► ► 125.06 (PLAT ) 25' 15 14 a 25' FBLOCK ��. BL OCK 216 125.06' (PLA r ) BL OCK 181 c�j 12 CIO 16 17 LEGAL DESCR/P110N BEING THE SOUTH 25 FEET OF LOT 13, BLOCK 216, GOLDEN GA TE UNI T 6, PLA T BOOK 5, PAGES 124 -134, COLLIER COUNTY, FLORIDA. CONTAINING 2,374 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. �# NOT A SURVEY ## PREPARED BY: WILSONM , INC. LANG T R,, P OFf AL SURVEYOR & MAPPER FLORIDA REGIS TRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND 8EA'a Aff WSED X aORni SEALED WTH THE SURVEYOR'S EMBOSSED SEAL. AaJvsn�"v°rASTA a,°u)ve19c OROMrF CERFIFICATE OF AUTHORIZATION I LB -43 SVSNM (MID) FOR FLORIDA EAST M. tOJECT NO.: 62081 1 PARCEL NO.: 809 . N-m ,V.- nUw7m- tails nm ller Pbw— • E k*—s • ECM • SSrvoMv • L&Www ArWods • TrwAp"Uon CauWMnts WbonUlor, Inr Ak* • Fall"m • sm* • Br*tbi • Tapp 9r00d�TLaK 81�e 1A0 • �PMt Rail 9Rlid3rp • Rmr WFEIi~r010 • Fu iNiq�7N1 • Mi6,�e rrr.Mlamiroaa Y.-XHIBIT °age !03 Of33 "CEL NO. ' (/ LEGEND: PROPOSED DRAINAGE EASEMENT R. 0. W. = RIGHT OF WAY CLIENT: COWER COUNTY TRANSPORTATION, ENGINEERING & CONS7RUC710N MANAGEMENT DIMSION TITLE: SKETCH AND DESCRIPTION BEING PART OF LOT 13, BLOCK 216, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134, COLLIER COUNTY, FLORIDA DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 0412002 N6022- 002 - 010 -TDHWP 1 809 OF XXX 2OC -26 J,II 11, 2002 — 10:07:19 JNAPILRIX: \5UR \NbU22 \Sketch Of Descriptions \Submitted \2gg203s809.dwg EAST [ LINE OF SECTION 29 SANTA BARBARA BOULEVAgi) GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134 2 BLOCK 225 3 0 5 T 0 25 50 100 200 GRAPHIC SCALE 0 7 20' ALLEY (PER PLAT) - 26 25 24 23 22 21 20 19 18 BLOCK 225 PLAT BD K 5G 1 PAGE 124 -134 ROPOSE 25' DRAINAGE EASEMENT � 55TH TERRACE S. W. o 2OQO SQUARE FEET o 15 BLOCK 216 � 16 14 13 125.06' (PLAT) $g12 25 `i 125.06' (PLAT) 11 N � 1 BLOCK 224 16 LEG_ AL QUCRI BEING THE SOUTH 25 FEET OF LOT 12, BLOCK 216, GOLDEN GA TE UNI T 6, PL T BOOK 5, PAGES 124 -134, COLLIER COUNTY, FLORIDA. CONTAINING 1,999 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. +� NOT A . SURVEY PREPARED BY.- WLSONM , IN LANC R, PtOFESSIKAL SURVEYOR & MAPPER FLORIDA REGISTRA LS 15627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND BEARWOS ARE BASED aV NON1N SEALED WITH THE SURVEYOR'S EMBOSSED SEAL. Aaysw0r4srAN>A P AtDAL COMNVA TE CERFIFICATE OF AUTHORIZATION ,/I LB -43 srsrru (cm°) MR nORVA EAST ZW. EXHIBIT Page, 2— of— , PARCEL NO.___ kf LEGEND: PROPOSED DRAINAGE EASEMENT R. 0. W. = RIGHT OF WAY PROJECT NO.: 62081 1 PARCEL NO.: 810 CLIENT: COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION WTI Miller TITLE: ETCH AND DESCRIP110 BEING PART OF LOT 12, BLOCK 1 ES Pkrvwo • &gia • EcdogWo • &rvoym • LwdwAptArcdscdr • TmwortsUm C"Msnd GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134, en COLLIER COUNTY, FLORIDA w1sonwv, Inc AM , ft *m , $Val* , ft6i v • lwo1 DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: snno Bwr i ma Bas soo • wvat Raa� sau eBV • ►�crr w► o- a+o • r r wfea • wee. owwo b om 0412002 N6022-002-010— TDHWP 810 OF xxx I 2GG -203 Jul 11, 2002 — 10:07:34 JNAPIERIX; \SUR \N6022 \Sketch Of Descriptions \Submitted \2gg203s810,dwg E MEMORANDUM Date: February 10, 2005 To: Paul Young Right -of -Way Property Acquisition Specialist From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Purchase Agreement Paul E. Dufault, Personal Representative of the Estate Of George F. Anson and Collier County Enclosed please find one (1) copy of the document as referenced above, Agenda Item ( #10B) approved by the Board of County Commissioners on November 30, 2004. If you have any questions, please feel free to contact me at 732 -2646 (ext. 7240) Thank you. Enclosure Enclosure (1) HWIN PROJECT: 62081 PARCEL No(s): 807 FOLIO No(s): a portion of 36324760003 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this i 54- day of S , 2005, by and between PAUL E. DUFAUL`Q AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GEORGE F. ANSON, whose mailing address is C/o Paul E. Dufault, P.O. Box 1469, Royal Oak, Michigan 48068- 1469(hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser "). WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property "), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner is authorized to act on behalf of the last surviving owner and to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuab!e cons Heration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey good and marketable title to the Property to Purchaser for the sum of $ 95,000.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Owner hereby authorizes Purchaser to make payment through Midwest Title Guarantee Company of Florida as settlement agent for the disbursement of proceeds incident to said conveyance of the Property. It is mutually understood that the Property is being acquired under the threat of condemnation. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. Owner will provide sufficient authorization to act on behalf of the Estate of George F. Anson prior to closing, and such other documentation as may be required by the title agent before insuring title to the Property. Purchase Agreement MITINI Page 2 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within ninety (90) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the proceeds to Settlement Agent for delivery to Owner and Owner shall deliver the conveyance instrument to Settlement Agent in a form acceptable to Purchaser. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyaance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all Personal Representative's Deed recording fees, and any and all costs and /or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, liLn- holder or other encumbrance - holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. Purchase Agreement Page 3 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS W EREOF, the parties hereto have executed this Agreement on this [ - day of 2005. Property acquisition approved by BCC pursuant to Resolution No. 2004 -369, item 10 -B dated November 30, 2004. AS TO PURCHASER: DATED:Q;rb_ ATTESt: /guy DWIGHT E,,B.0,6CK- £ 66r ; De utyy;Clerk Attest irs' W' tha f roan ' s stgwature only. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: G4k Fred W. Coyle, Chairman Purchase Agreement AS TO OWNER: DATED: " 2/1/05 Witness (Sig ture) l P E ufa t as Personal RepKesentative of the Estate of George F. Anson Harold J. Robinson Name (Print or Type) -v � • ��i \� Witn ss (Signature) Janice A. Thornton Name (Print or Type) Approved as to form and legal ufficiency: lien T. Chadwell Assistant County Attorney Page 4 GOLDEN GATE ESTATES UNIT 30, PLA T BOOK 7, AGE 58 10711 107 1 106 R. 0. W. 9rd SEMEN — T 106.1 0 25 50 100 200 GRAPHIC SCALE EXISTING 53' EASEMENT,1 FOR R.O.W PURPOSES EAST LINE OF SECTION 29 PER PLA T) SANTA BARBARA BOULEVARD GOLDEN GATE UNIT 5, c„ I PLAT BOOK 5, PAGES 124 -134 cq I tU rttcc T 1` rrn I-LA 1`1` M111,10 1`111 A 1`1` AF 2 3 4 ! 5 6 7 26 25 E SIMPLE KING 22 21 20 BLOCK 225 18 10,000 SQUARE fFE,T tU rttcc T 1` rrn I-LA 1`1` M111,10 1`111 A 1`1` AF ov. uu (MA 1) GOLDEN GA TE UNI T 6, 55TH TERRACE S. W. PLAT BOOK 5, PAGES 124 -134 0 BLOCK 224 LEGAL DESCR/P110N BEING ALL OF LOT 23, BLOCK 225, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134, COLLIER COUNTY, FL ORIDA. CONTAINING 10,000 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. voT A SURVEY PREPARED BY,• WiL 50Nl41 q-, INS LANG T R`P OFE AL SURVEYOR If MAPPER FLORIDA REG/STRA LS x'5627 NOT VALID UNLESS SluXED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERTIFICATE OF AUTHORIZATION , j1` LB -43 SCAWW ARE BASED DN AMN A 401112 DA RIM MAN) l9BJ -l990 AD.V$rWNT SfA P,,Z CODRD rr SYSTEM (CRW) FOR aWDA EAST ZW EXHIBITT LEGEND: PROPOSED ACQUISITION POW = RIGHT OF WAY PROJECT NO.: 62081 1PARcEL N0.: 807 CLIENT: COWER ER C INTV 7RANspoRTA 17cw, O,ft'"`AL#toM°°° ENGINEERING & CONSTR11CVON AIANAGEME T DINSION Wilsoolmillifr TI TLE. SKETCH AND DESCRIP17ON BEING ALL OF LOT 23 BLOCK 225, Prrrrray &Urwwv • Ecd 01111 • SUwYOM • l.&Wbwp* AW*cfs • TruWariahm Ca"&,W8 GOLDEN GATE UNI T 6, PLA T BOOK 5, PAGES 124 -134, Nim"ver, kr- COLLIER COUNTY, FLORIDA Aow • Fat4VT • Uvok • &av" •Tnp DATE: PROJECT NO.: SHEET NUUBER: FILE NO.: = fi*y`&%&hZo' `' '' '"1°" ' 0'f" 0 � ++gym 0412002 N6022 -002- 010 -TDHWP 907 of xxx 2GO -20 Jul 11, 2002 - 10:05:45 JNAP1ERjX: \SUR \N6022 \Sketch Of —,_�,. tNn ,Ltin 26 25 24 �� 22 21 20 19 18 BLOCK 225 GO PLA T B DEN GA Tf OK 5, PAG NIT 6, S 124 -134 ov. uu (MA 1) GOLDEN GA TE UNI T 6, 55TH TERRACE S. W. PLAT BOOK 5, PAGES 124 -134 0 BLOCK 224 LEGAL DESCR/P110N BEING ALL OF LOT 23, BLOCK 225, GOLDEN GATE UNIT 6, PLAT BOOK 5, PAGES 124 -134, COLLIER COUNTY, FL ORIDA. CONTAINING 10,000 SQUARE FEET MORE OR LESS, SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. voT A SURVEY PREPARED BY,• WiL 50Nl41 q-, INS LANG T R`P OFE AL SURVEYOR If MAPPER FLORIDA REG/STRA LS x'5627 NOT VALID UNLESS SluXED BY THE SURVEYOR AND SEALED WITH THE SURVEYORS EMBOSSED SEAL. CERTIFICATE OF AUTHORIZATION , j1` LB -43 SCAWW ARE BASED DN AMN A 401112 DA RIM MAN) l9BJ -l990 AD.V$rWNT SfA P,,Z CODRD rr SYSTEM (CRW) FOR aWDA EAST ZW EXHIBITT LEGEND: PROPOSED ACQUISITION POW = RIGHT OF WAY PROJECT NO.: 62081 1PARcEL N0.: 807 CLIENT: COWER ER C INTV 7RANspoRTA 17cw, O,ft'"`AL#toM°°° ENGINEERING & CONSTR11CVON AIANAGEME T DINSION Wilsoolmillifr TI TLE. SKETCH AND DESCRIP17ON BEING ALL OF LOT 23 BLOCK 225, Prrrrray &Urwwv • Ecd 01111 • SUwYOM • l.&Wbwp* AW*cfs • TruWariahm Ca"&,W8 GOLDEN GATE UNI T 6, PLA T BOOK 5, PAGES 124 -134, Nim"ver, kr- COLLIER COUNTY, FLORIDA Aow • Fat4VT • Uvok • &av" •Tnp DATE: PROJECT NO.: SHEET NUUBER: FILE NO.: = fi*y`&%&hZo' `' '' '"1°" ' 0'f" 0 � ++gym 0412002 N6022 -002- 010 -TDHWP 907 of xxx 2GO -20 Jul 11, 2002 - 10:05:45 JNAP1ERjX: \SUR \N6022 \Sketch Of —,_�,. fffffflK�� MEMORANDUM Date: December 01, 2004 To: Cindy Erb, Sr. Property Acquisition Specialist Real Estate Services Department From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Agreement for Sale and Purchase between Collier County and The Trust for Public Land Enclosed please find one (1) copy of the referenced above (Agenda Item #10D), as approved by the Board of County Commissioners on Tuesday, November 30, 2004. The Originals are being scanned in and will be held in the Minutes & Records Department. if you should have any questions, please call me at 774 -8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPS TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the hecklist and forward to Sue Filson (line #5). I Route to Addressee(s) (List in routing order) Office Initials Date 1. fIJ. (Initial) Applicable) 2. �` 3o\ o-f Agenda Item Number 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. j1 Sc �e , 3"1�.yr" Arc Number of Original Documents Attached F Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff . - ti Phone Number N/A (Not Contact fIJ. (Initial) Applicable) Agenda Date Item was �` 3o\ o-f Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document j1 Sc �e , 3"1�.yr" Arc Number of Original Documents Attached Attached rex vrewt� INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip WWS Original 9.03.04 IVY Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N 1A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the Cn^ document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's GVn signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 1: Forms/ County Forms/ BCC Fortes/ Original Documents Routing Slip WWS Original 9.03.04 IVY 100 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between The Trust for Public Land, a nonprofit California corporation (hereinafter referred to as "Seller"), having an address of 1595 Bay Street SE, Suite 3, St. Petersburg, FL. 33701, and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser ") having an address of 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH WHEREAS, Purchaser acknowledges and agrees that Seller has a binding Option Agreement on that certain real property in Collier County, Florida, which property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred to as "Property ") and that the obligations of both parties under this Agreement are contingent upon Seller acquiring marketable fee simple title to the Property from the current owners. The Property includes any and all improvements, fixtures, timber, artifacts, water and minerals located thereon, any and all appurtenant rights, including but not limited to, riparian rights, timber rights, access rights, and mineral rights. WHEREAS, Purchaser is desirous of purchasing the premises, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and hereinafter set forth, Seller shall sell to Purchase from Seller the Property, described in Exhibit "A ". Il. PAYMENT OF PURCHASE PRICE upon the terms and conditions r and Purchaser shall purchase 2.01 The purchase price ( "Purchase Price ") for the Property shall be TWO MILLION FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($2,500,000.00) (U.S. Currency) payable at the time of closing. ff", 10D III. CLOSING 3.01 The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR CLOSING„ ) of this transaction shall be held on March 31, 2005, unless extended by mutual written agreement by the parties hereto. The Closing shall be held at the Collier County Attorney's Office, dure to be Administration by the Building, part3301 es in connection East, Naples, Florida. The procedure with the Closing shall be as follows: 3.011 Seller shall convey marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments; and (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser - Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non - Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 A Bill of Sale for the personal property appurtenant to the Property, including all artifacts acquired by Seller from Elhanon and Sandra Combs, Seller's predecessor in title. 3.012 At the Closing, the Purchaser shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant), a certified, cashiers, or bank check, or wire transfer of immediately available funds, in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 hereto, ono and the Title Company is irrevocably committed to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to credits, adjustments and prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. 3.03 Seller shall pay at Closing the cost.of recording any instruments necessary to clear Seller's title to the Property. 3.04 Purchaser shall pay for the cost of recording the Warranty Deed and the cost of the Owner's Form B Title Policy, issued pursuant to the Commitment, provided for in Section 4.011 below. The cost of the title commitment shall also be paid by Purchaser. The Purchaser shall also reimburse Seller for the cost of the Phase I Environmental Audit to be provided to Purchaser by Seller as provided for in Section 4.015 below. IV. REQUIREMENTS AND CONDITIONS 4.01 Prior to or upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and /or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B -1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have fifteen (15) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable or uninsurable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure 10 " said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller, at its expense, shall provide Purchaser, upon execution of this Agreement, with a current certified boundary survey performed by a registered Florida land surveyor in form acceptable to Purchaser. The plat of the survey shall show the boundaries of, and state the acreage of the Property, rounded to the nearest one - hundredth (11100) of an acre. The legal description in Exhibit "A" shall be changed, if necessary, to conform to the survey and to the requirements of the title commitment. If an accurate boundary survey by Seller's surveyor discloses any state of facts, which materially or adversely affect the insurability or marketability of the title to the Property, same shall be treated in the manner as a title objection under Sections 4.011 and 4.012 above. No adjustments to the Purchase Price shall be made based upon any change in the total acreage. 4.014 Seller, at its expense, shall deliver to Purchaser, an appraisal of the Property prepared by a real estate appraiser shown on the Division of State Lands list of approved appraisers. 4.015 Seller shall provide Purchaser with an updated report of an investigation of the Property carried out and prepared by a licensed engineer or geologist selected by Seller employing procedures that a prudent purchaser would employ under the circumstances ( "Phase 1 Audit "). At closing, Purchaser shall reimburse Seller for the cost of said Phase 1 Audit. In the event that the Phase 1 Audit final report states that there are recognized environmental conditions present on or beneath the surface of the Property, or further investigations are necessary to determine whether recognized environmental conditions are present ( "Unsatisfactory Report"), Purchaser may elect to terminate this Agreement by giving notice as required herein, and thereafter the parties hereto shall have no further obligations under this Agreement. 4.0151 Notwithstanding the forgoing, such notice of termination may be suspended by Purchaser if Seller gives notice within ten (10) days of receipt of Purchaser's notice of termination, that Seller agrees to promptly carry out, at Seller's sole expense, and with contractors selected or approved by Purchaser, all further investigations and remediation of the Property as is necessary to make the Property acceptable to Purchaser within a time period acceptable to Purchaser. If Seller elects to carry out such further investigation or remediation, the inspection period shall be automatically extended until fifteen (15) days following Purchaser's receipt of information from contractors that is satisfactory to Purchaser, or letters of "no further action required" from the applicable regulatory agencies, indicating that either there is no on more beneath low the surface 'lityof that Hazardous Materials are present Property, or that the Property has been remediated to Purchaser's satisfaction and complies with all governmental requirements. 4.0152 Hazardous Materials means any substance: 1) the presence of which requires investigation local statute, regulation, ord nancegorderd under any federal, state, or , action, policy, or common law; or 2) which is or becomes defined as a "hazardous substance," pollutant, or contaminant under any federal, state or local statute, regulation, rule, or ordinance or amendments thereto, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.) and /or the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); or 3) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous, or poses, or threatens to pose a hazard to the health or safety of persons on or about the Property, and is or becomes regulated by any governmental authority, agency, department, commission, board, or instrumentality of the United al States, the state in which the Property is located or any political subdivision thereof. 4.016 Seller, at its expense, of all shall septic tanks place cesspools aboveground on the indicating the locations tanks and Property. 4.017 Seller acknowledges and agrees that a material consideration to Purchaser to enter into this Agreement is Purchaser's anticipated receipt of funds to be provided by the Florida Communities Trust ( "FCT ") in an amount, that, combined with Purchaser's required match amount, is sufficient to generate the gross Purchase Price required herein, exclusive only of incidental costs to be borne by Purchaser. Moreover, the parties acknowledge and agree that although FCT funds were conceptually approved by the FCT Governing Board on September 2, 2004, receipt of the funds themselves is not anticipated until months following Closing of this transaction. Purchaser shall be solely responsible for costs and expenses associateo tl with the bridge the financing or any other requirements that may be applicable funds required for Closing subsequent to approval, but prior to receipt, of the FCT funds. 4.018 In the event temporary or permanent informational plaques or signs are placed by Purchaser on the Property, such plaques will include a statement indicating that the Property contain The Trusa For Public s ubl csLandns IogoT Public Land, and shall co fas specified 5 M 100 in Exhibit "B" attached hereto and by reference incorporated herein. Such logo shall be readable from the distance the sign was intended to be read. 4.019 All leases shall be terminated and all tenants, guest or invitees of Seller's predecessor in title, shall have vacated the Property prior to Closing. All personal property shall be removed from the Property prior to Closing. V. INSPECTION PERIOD 5.01 Purchaser shall have twenty one (21) days from the date of this Agreement, ( "Inspection Period "), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations; and 2. There are no abnormal drainage or environmental requirements to the development of the Property; and 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination; and 4. That the Property can be used as intended by Purchaser. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation or the Phase I Environmental Audit provided by Seller, Purchaser shall deliver to Seller prior to expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to Closing provided Seller is notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. 100 VI. REMOVAL OF PERSONAL PROPERTY 6.01 Prior to Closing, Seller shall remove or cause to be removed from the Property, at Seller's sole cost and expense, any and all personal property and/or trash, rubbish or any other unsightly or offensive materials thereon, including, but not limited to, any tanks and Hazardous Materials in tanks, barrels and equipment, pipelines, or other containers on the Property, provided that the cost of such removal to be paid by Seller shall not exceed Two Thousand Five Hundred and 00/100 Dollars ($2,500.00). However, compliance with this Section shall not be construed as the remediation contemplated in Section 4.0151 above. All buildings shall be left in broom swept condition. VII. POSSESSION 7.01 Purchaser shall be entitled to full and sole possession of the Property at Closing. VIII. PRORATIONS 8.01 Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the Collier County Tax Collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and /or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller, whereupon Purchaser, as its sole remedy, shall receive $1,000 as liquidated damages from Seller. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon Seller, as its sole remedy, shall receive $1,000 as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in Section 12.01, (Real Estate Brokers), hereof. fffl� 9.03 The parties acknowledge and agree that Seller's and Purchaser's actual damages in the event of either's default are uncertain in amount and difficult to ascertain, and that the aforesaid amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in. nature. The parties further acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and /or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that to the best of its knowledge, without further inquiry, it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 Seller represents that to the best of its knowledge, without further inquiry, no party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. No party other than Seller will be s in possession of or have the right of possession of any portion of the Property at the time of conveyance to Purchaser. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Intentionally deleted 10.018 Intentionally deleted 10.019 Intentionally deleted 10.020 Intentionally deleted 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement ") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Intentionally deleted 10.024 Any loss and /or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 9 XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile, with written confirmation of transmission, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Cindy Erb, Senior Acquisition Agent Real Estate Services Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 (239) 774 -8917 Telephone (239) 774 -8876 Facsimile With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 (239) 774 -8400 Telephone (239) 774 -0225 Facsimile If to Seller: Becky Bremser The Trust For Public Land 1595 Bay Street SE, Suite3 St. Petersburg, FL 33701 (727) 895 -5090 Telephone (727) 895 -5190 Facsimile With a copy to: Peter Fodor, Florida Counsel The Trust For Public Land 306 North Monroe Street Tallahassee, FL 32301 (850) 222 -7911 Ext. 29 Telephone (850) 222 -8909 Facsimile 11.02 The numbers, addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such information only, unless and until such written notice is received, the last addressee and respective address and numbers stated herein shall be deemed to continue in effect for all purposes. 10 1 0 " XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts that together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 11 111 13.08 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.09 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: November 30, 2004 AS TO PURCHASER: DATED: Ion -1 -0`% ATTEST: DWIGHT E. BROCK, Clerk Attest as to Cha'rwan,s Sighatwro c.+7y. Ap ed as to foT & legal sufficienCy Assistant County Attorney Ellen T. Ch&&ell 12 BOARD OF COUNTY COM,MIS,.:IONERS COLLIER COUNTY, FLORIDAf BY: DONN FIALA, Ch�RRTdTr"''' Item # —Q—b— Agenda Date Date Recd � l'.3 D •O AS TO SELL /ER: DATED: WITNESSES: (Signature) Kk) 6 �De ��nted Name 4, -C f (Signature) (Printed Name) THE TRUST FOR PUBLIC LAND, a nonprofit California corporation 13 B . Peter Fodor, Florida Counsel loo EXHIBIT "A" 1 OF 4 LOTS 4, 5, 6, 7, 8, 9, 10, 11, BLOCK 3, AMENDED AND ENLARGED PLAT OF GOODLAND HEIGHTS, ACCORDING TO PLAT IN PLAT BOOK 1, PAGE 85, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; D LOTS 4, 5, 6, 9, AND 10, PETTIT SUBDIVISION, ACCORDING TO PLAT IN PLAT BOOK 2, PAGE 88, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; am A CERTAIN PARCEL OR TRACT OF LAND LYING NORTH OF BLOCK 3, GOODLAND HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 85, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; NORTHWEST OF TRACT OF LAND CONVEYED TO M. C. JOHNSON AS RECORDED IN DEED BOOK 27, PAGE 357, WESTERLY OF PETTIT SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 88, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; SOUTHERLY OF THE SOUTHERLY LINE OF "DRIVE" A STREET IN SAID SUBDIVISION PROJECTED WESTERLY, EASTERLY AND SOUTHERLY OF THE EASTERLY AND SOUTHERLY SHORE OF A PROPOSED CANAL TO GOODLAND BAY AND EASTERLY OF THE LOT LINE BETWEEN LOTS 10 AND 11 OF BLOCK 3, GOODLAND HEIGHTS SUBDIVISION PROJECTED NORTHERLY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT WITH A 3/4" GALVANIZED IRON PIPE MARKING THE NORTHWESTERLY CORNER OF SAID PETTIT SUBDIVISION; THENCE SOUTH 22 °58'30" EAST 30.0 FEET TO A CONCRETE MONUMENT MARKING THE NORTHWESTERLY CORNER OF LOT 1 OF SAID SUBDIVISION, THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 22 058'30" EAST 221.88 FEET TO A CONCRETE MONUMENT WITH A 3/4" GALVANIZED IRON PIPE; THENCE SOUTH 0 121'00" EAST 88.95 FEET TO A CONCRETE MONUMENT WITH A 3/4" GALVANIZED IRON PIPE; THENCE SOUTH 78 028'30" WEST 110.92 FEET TO A CONCRETE MONUMENT WITH A 3/4" GALVANIZED IRON PIPE MARKING THE NORTHEAST CORNER OF LOT 9, BLOCK 3, GOODLAND HEIGHTS SUBDIVISION; THENCE NORTH 88 °07'30" WEST 120.0 FEET TO AN IRON PIN MARKING THE NORTHEAST CORNER OF LOT 11, BLOCK 3, OF SAID SUBDIVISION; THENCE NORTH 1'52'30" EAST 34.79 FEET TO A 3/4" GALVANIZED IRON PIPE; THENCE CONTINUING NORTH 1'52'30" EAST 8.0 FEET TO A POINT ON THE SHORE OF A PROPOSED CANAL TO EXHIBIT "A" 20F4 GOODLAND BAY; THENCE NORTH 88 054'20" EAST FOLLOWING THE SOUTHERLY SHORE OF SAID CANAL 114.66 FEET TO A POINT, SAID POINT BEING THE POINT OF CURVE OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.0 FEET; THENCE FOLLOWING THE SOUTHERLY SHORE OF SAID CANAL ALONG A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 113 000' A DISTANCE OF 118.33 FEET TO THE POINT OF TANGENCY; THENCE NORTH 24 105'40" WEST FOLLOWING THE EASTERLY SHORE OF SAID CANAL 104.18 FEET TO A POINT, SAID POINT BEING THE POINT OF CURVE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 61.38 FEET; THENCE FOLLOWING THE EASTERLY SHORE OF SAID CANAL ALONG A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 18 030'20" A DISTANCE OF 19.82 FEET TO A POINT OF TANGENCY; THENCE NORTH 5 035'20" WEST FOLLOWING THE EASTERLY SHORE OF SAID CANAL 69.08 FEET TO A POINT; THENCE SOUTH 88 007'30" EAST 10.0 FEET TO A 3/4" GALVANIZED IRON PIPE; THENCE CONTINUING SOUTH 88 007'30" EAST 16.4 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING SITUATED IN GOVERNMENT LOT 14, SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, TALLAHASSEE MERIDIAN, GOODLAND, COLLIER COUNTY, FLORIDA. AND A CERTAIN PARCEL OR TRACT OF LAND LYING NORTH OF A TRACT CONVEYED TO MILTON C. JOHNSON AND RECORDED IN DEED BOOK 47, PAGE 411, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 4" X 4" CONCRETE MONUMENT WITH A 3/4" GALVANIZED IRON PIPE MARKING THE NORTHWESTERLY CORNER OF PETTIT SUBDIVISION AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 88; THENCE NORTH 88 007'30" WEST 14.00 FEET TO A POINT ON THE EASTERLY SHORE OF A BRANCH CANAL FROM A CANAL TO GOODLAND BAY, SAID POINT BEING THE SOUTHWESTERLY CORNER OF TRACT CONVEYED TO DR. E. WAYNE LONG AND WALTER C. BURWICK RECORDED IN DEED BOOK 45, PAGE 324, SAID POINT BEING ALSO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE SOUTH 88 007'30" EAST 14.00 FEET TO A CONCRETE MONUMENT WITH A 3/4" GALVANIZED IRON PIPE; THENCE SOUTH 22 058'30" EAST 30.00 FEET TO A CONCRETE MONUMENT WITH A 3/4" GALVANIZED IRON PIPE, SAID POINT BEING THE NORTHWEST CORNER OF LOT 1 OF SAID PETTIT SUBDIVISION; THENCE NORTH 88 007'30" WEST 16.40 FEET TO A 3/4" GALVANIZED IRON PIPE ON THE BANK OF SAID BRANCH CANAL; THENCE CONTINUING NORTH lOD EXHIBIT "A" 30F4 88 007'30" WEST 10.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID CANAL, SAID POINT BEING THE NORTHWESTERLY CORNER OF TRACT CONVEYED TO M. C. JOHNSON AND RECORDED IN DEED BOOK 47, PAGE 411; THENCE NORTH 5 °35'20" WEST FOLLOWING THE EASTERLY BOUNDARY OF SAID BRANCH CANAL 16.97 FEET TO THE POINT OF CURVE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 17.14 FEET; THENCE FOLLOWING SAID CURVE TO THE RIGHT ALONG SAID EASTERLY CANAL BOUNDARY AND THROUGH A CENTRAL ANGLE OF 36 019'10" 10.86 FEET TO A POINT OF TANGENCY, THE POINT OF BEGINNING, ALL LYING AND BEING SITUATE IN GOVERNMENT LOT 14, SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, TALLAHASSEE MERIDIAN, GOODLAND, COLLIER COUNTY, FLORIDA. AND A CERTAIN PARCEL OR TRACT OF LAND LYING NORTH OF BLOCK 3, GOODLAND HEIGHTS SUBDIVISION AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 85 AND EAST OF PAPAYA STREET OF SAID SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 14, BLOCK 3, GOODLAND HEIGHTS SUBDIVISION; THENCE NORTH 85 °03'30" EAST 180.0 FEET TO A 3/4" GALVANIZED IRON PIPE; THENCE CONTINUING NORTH 85 003'30" EAST 52.91 FEET TO A CONCRETE MONUMENT WITH A BRASS CAP; THENCE SOUTH 88 °07'30" EAST 60 FEET TO AN IRON PIN MARKING THE NORTHEAST CORNER OF LOT 11, BLOCK 3, OF SAID GOODLAND HEIGHTS SUBDIVISION; THENCE NORTH 1'52'30" EAST 34.79 FEET TO A 3/4" GALVANIZED IRON PIPE; THENCE CONTINUING NORTH 1 052'30" EAST 8.0 FEET TO A POINT ON THE SHORE OF A PROPOSED CANAL TO GOODLAND BAY; THENCE SOUTH 88 °54'20" WEST 107.89 FEET TO A POINT ON THE SOUTHERLY SHORE OF SAID CANAL, SAID POINT BEING NORTH 7 014' EAST 8.18 FEET FROM A 3/4" GALVANIZED IRON PIPE, A REFERENCE POINT AND ALSO BEING NORTH 7 014' EAST 43.74 FEET FROM A 3/4" GALVANIZED IRON PIPE ON THE NORTHERLY BOUNDARY OF SAID GOODLAND HEIGHTS SUBDIVISION LAST AFORESAID PIPE HAVING HEREIN DESCRIBED AS BEING NORTH 85 003'30" EAST 180.0 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 7 °14' EAST FOLLOWING THE SHORE OF WESTERLY AND OF SAID PROPOSED CANAL 7.39 FEET; THENCE SOUTH 85 003'30" WEST 8.0 FEET TO A 3/4" GALVANIZED IRON PIPE; THENCE CONTINUING SOUTH 85 °03'30" WEST 172.0 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY BOUNDARY OF PAPAYA STREET; THENCE SOUTH 7 °14' EAST FOLLOWING THE EASTERLY RIGHT- EXHIBIT "A" 40F4 OF -WAY BOUNDARY OF SAID PAPAYA STREET 51.13 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING SITUATE IN GOVERNMENT LOT 14, SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, TALLAHASSEE MERIDIAN, GOODLAND, COLLIER COUNTY, FLORIDA. BEGINNING AT A POINT MARKED BY A 3/4" GALVANIZED IRON PIPE ON THE NORTHERLY BOUNDARY OF GOODLAND HEIGHTS SUBDIVISION, RECORDED IN PLAT BOOK 1, PAGE 85, COLLIER COUNTY, FLORIDA, SAID POINT BEING THE INTERSECTION OF SAID NORTHERLY BOUNDARY AND THE WESTERLY BOUNDARY OF PETTIT SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 88, COLLIER COUNTY, FLORIDA; THENCE NORTH 22 058'30" WEST 126.35 FEET FOLLOWING THE WESTERLY BOUNDARY OF SAID PETTIT SUBDIVISON TO A CONCRETE MONUMENT WITH A 3/4" GALVANIZED IRON PIPE; THENCE SOUTH 0 °21' EAST 88.95 FEET TO A CONCRETE MONUMENT WITH A 3/4" GALVANIZED IRON PIPE; THENCE NORTH 78 028'30" WEST 110.92 FEET TO A CONCRETE MONUMENT WITH A 3/4" GALVANIZED PIPE MARKING A POINT ON THE NORTHERLY BOUNDARY OF SAID GOODLAND HEIGHTS SUBDIVISION; THENCE SOUTH 88 007'30" EAST 157.60 FEET TO THE POINT OF BEGINNING, BEING SITUATE IN GOVERNMENT LOT 14, SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, TALLAHASSEE MERIDIAN, GOODLAND, COLLIER COUNTY, FLORIDA. �r ORIGINAL DOCUMENTS CHECKLIST &ROUTING ShO Y TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin appropriate. (Initial) 4.)a Agenda Date Item was %l �� Agenda Item Number � /(-) 2. signed by the Chairman, with the exception of most letters, must be reviea+ed and signed // 3. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 4. resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners Chairman and Clerk to the Board and possibly State Officials.) PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BGC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) , Name of Primary Staff ^'"" Phone Number N/A (Not Contact appropriate. (Initial) 4.)a Agenda Date Item was %l �� Agenda Item Number � /(-) Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviea+ed and signed // Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviea+ed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board (V 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 10 p MEMORANDUM Date: January 13, 2005 To: Amanda Townsend Operations Coordinator, Parks and Rec. From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Grants Contract Goodland Harbor Park Agenda Item #10D: 11 -30 -2004 BCC Meeting Enclosed please find two (2) original documents as referenced above, Agenda Item #10D, which was approved by the Board of County Commissioners on Tuesday, November 30, 2004. Please forward these to the appropriate parties for the required signatures, and after processing, please return one fully executed original document to the Minutes & Records Department to be kept for public record. If you have any questions, please call me at 774 -8406. Thank you. Enclosures (2) nli a, February 28, 2005 Ms. Amanda O. Townsend Operations Analyst Collier County Parks and Recreation Department 3300 Santa Barbara Blvd. Naples, FL 34116 RE: FCT Project Number: 04-042-FF4 Collier County Goodland Harbor Park Dear Mr. Wright: - f0li"Y % � r''J '� 1 � ; rte. -. /� `, Enclosed please find a fully executed original of the Grant Contract for the above-referenced Florida Communities Trust Project. If you have any questions, please contact me at (850) 922-2207 (SunCom 292-2207). Sincerely, Bryan Wirick OMCI I (w (1()'-'1N11!'J1n At+,�m - 2555 SHUMARD OAK ROULINARD - TAIIAIU,�'.MT, FL ;2309_2 100 850/922-220717 • SrAom 292-2207 FAX' 850/921-17 A 1, nun, (n-, I I 11, !'o R1, 1, FCT Contract Number Of CT- /�• o s -Fy • ,<1 i - y2 FLORIDA COMMUNITIES TRUST 04- 042 -FF4 GOODLAND HARBOR PARK CSFA # 52002 GRANT CONTRACT 1 1 THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ( "FCT "), a non - regulatory agency within the State of Florida Department of Community Affairs, and COLLIER COUNTY, a local government of the State of Florida ( "Recipient "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds ( "Project Site "), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a non - regulatory agency within the Department of Community Affairs ( "Department ") which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty -two percent (22 %), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community -based projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax - exempt bonds, meaning the interest on the bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K -7, Florida Administrative Code ( "F.A.C. ") sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Rule Chapter 9K -8, F.A.C. sets forth the acquisition procedures; WHEREAS, on September 1, 2004 the FCT Governing Board scored, ranked and selected projects to receive approval for funding; 04- 042 -FF4 October 21, 2004 Reimbursement -1- 10 v WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding in accordance with Rule Chapter 9K -7, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 9K- 7.009(1), F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, Rule 9K- 7.003(5) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of Match, provided that the real property is acquired by the Recipient within 18 months after the application deadline for which the application was made. The date of this application deadline was MAY 5, 2004; WHEREAS, the Recipient will acquire fee simple title to the entire Project Site prior to 7),7 (Insert date[s]) from Tkp _ r J'iJ21; <. 1rQ (Insert name[s]); WHEREAS, the Recipient will request disbursement of FCT Florida Forever Bond proceeds, subsequent to acquiring the Project Site, for the reimbursement of Project Costs expended by the Recipient for the acquisition of the Project Site; and WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to reimbursing the Recipient for Project Costs. NOW THEREFORE, FCT and the Recipient mutually agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon the Recipient's project being selected for funding and shall end JUNE 1, 2005 ( "Expiration Date "), unless extended as set forth below or unless terminated earlier in accordance with the provisions of Article XIII of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension shall fully explain the reason for the delay and why the extension is necessary and shall be provided to FCT in accordance with paragraph V.I. prior to the Expiration Date. If the Recipient does not request an extension, or if a requested extension is not granted by FCT, the Recipient's award shall be rescinded and this Agreement shall terminate. 04- 042 -FF4 October 21, 2004 Reimbursement -2- 10 D II. MODIFICATION OF AGREEMENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. DEADLINES 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399 -2100, as soon as possible and before NOVEMBER 22, 2004. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The Recipient and its representatives shall know of and adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or resources to other recipients that respond timely or the termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Costs may be reimbursed in an expeditious manner. 4. The Recipient shall provide a monthly status report to FCT of its progress towards reimbursement of the Project Costs. 5. The Recipient shall provide the appraisal(s) required by 9K- 8.007, F.A.C. to FCT for review by a date not to exceed ninety (90) days after the Recipient's project is selected for funding. The appraisals shall be reviewed and, upon approval, the Maximum Approved Purchase Price ( "MAPP "), as provided in Rule 9K- 8.007(5) and (6), F.A.C., shall be determined. IV. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient ( "FCT Award ") will in no event exceed the lesser of Seventy Five Percent (75 %) of the final Project Costs, as defined in Rule 9K- 7.002(29), F.A.C., or One Million Nine Hundred Five Thousand Dollars And Zero Cents ($1,905,000.00), unless FCT approves a different amount after determination of the MAPP, which shall be reflected in an addendum to this Agreement. The FCT Award is based on the Recipient's estimate of final Project Costs in its application, as well as the Limitation of Award provided in Rule 9K- 7.003(3), F.A.C. and advertised in the 04- 042 -FF4 October 21, 2004 Reimbursement -3- 10 D Notice of Application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 9K- 7.002(29), F.A.C. FCT shall participate in the land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above paragraph. 2. The FCT Governing Board selected the Recipient's application for funding in order to acquire the entire Project Site identified in the application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K- 7.010, F.A.C. If the Project Site is comprised of multiple parcels and multiple owners, an Acquisition Plan, as defined in 9K- 7.002(2), F.A.C., was required in the application. FCT reserves the right to withdraw or adjust the FCT Award if the priority parcel(s) or a significant portion of the Project Site identified in the Acquisition Plan cannot be acquired. 3. The FCT Award shall be delivered either in the form of Project Costs prepaid by FCT to vendors or in the form of a State of Florida warrant to the Recipient. The FCT Award shall only be delivered after FCT approval of the Project Plan and Project Site acquisition terms. FCT shall prepare a grant reconciliation statement prior to the reimbursement that evidences the amount of Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statement. 4. If a Match is required, it shall be delivered in an approved form as provided in Rule 9K- 7.002(22), F.A.C. If the value of Pre - acquired land, as defined by Rule 9K- 7.002(28), or donated land is the source of the Match, the MAPP shall determine the value of the Match. Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement. 5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to provide a Match, if any is required. 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a governmentally derived higher Project Site land value due to an enhanced highest and best use, this Agreement shall be terminated unless the Recipient agrees that the appraisal(s) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting. 7. FCT's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 04- 042 -FF4 October 21, 2004 Reimbursement 0 10 D V. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to: Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 2. All contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: A'0,'),JA, a Title: Address: �,�� i�c' v- �lrnj�� <�✓k> ;�.�� k' SL.(i!U Phone: 2 31 `SS 3 y Ll D 0 Fax: 2 3� - `� 3 I D02- r E -mail: ! 1I (-, 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including, but not limited to, the Grant Contract or any addenda thereto, grant reconciliation statement, statements submitted as a part of the Project Plan and Declaration of Restrictive Covenants. Name: 1 V p"" L. Title: _L�i r', r! ate\ kt_,O kc-. ?.trVi e_Q A01 1/1'1 'N ✓' Address: �30 Tr- ) .i t-�ti'4 Phone: I i y- M( Fax: _ 2" S 5 Email: 04- 042 -FF4 October 21, 2004 Reimbursement -5- 1U p 4. In the event that different representatives or addresses are designated for either paragraph 2. or 3. above after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in paragraph 1. above. 5. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s) is 59- (, DC) `� 5 VI. PROJECT PLAN APPROVAL; PRE- CLOSING REQUIREMENTS 1. Prior to the final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Project Plan that complies with Rule 9K- 8.011, F.A.C. The Project Plan shall not be considered by FCT unless it is organized with a table of contents and includes all of the following documents to ensure that the interest of the State of Florida will be protected: a. Closing documents associated with the parcel(s): (1) A copy of the Purchase Agreement(s) for sale and�purchase of the parcel(s) between Recipient andT,^, TI I,c LL J (Insert name[s] of Seller[s]). (2) A copy of closing statements from Buyer(s) and Seller(s) for the purchase of the parcel(s). (3) A copy of the recorded deed(s) evidencing conveyance of title to the parcel(s) to the Recipient. (4) Certified survey(s) of the parcel(s) that meets the requirements of Rule 9K- 8.006, F.A.C., and is dated within ninety (90) days of the date of acquisition of the parcel(s) by Recipient. (5) A copy of the title insurance policy(s) evidencing marketable title in Recipient to the parcel(s) and effective the date of acquisition of the parcel(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by Recipient, and all documents referenced in the title policy(s). (6) Environmental site assessment(s) of the parcel(s) certified to the Recipient, which meets the standards and requirements of ASTM Practice E 1527, and with a date of certification within ninety (90) days of the date of acquisition of the parcel(s) by Recipient, together with the statement required by Rule 9K- 8.012(4), F.A.C. 04- 042 -FF4 October 21, 2004 Reimbursement I on 10 D b. A letter from FCT indicating approval of the Management Plan written in accordance with Rule 9K- 7.011, F.A.C. and as described in Article VII below. C. A statement of the Project Costs. d. A statement of the amount of the award being requested from FCT. e. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. f A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. g. A signed statement by the Recipient that all activities under this Agreement comply will all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. h. Additional documentation as may be requested by FCT to provide Reasonable Assurance, as set forth in paragraph VII.4. below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves the Project Plan containing a copy of the document(s) vesting title to the Project Site in the Recipient. 3. All real property shall be obtained through a Voluntarily- Negotiated Transaction, as defined in Rule 9K- 7.002(41). The use of or threat of condemnation is not considered a Voluntarily- Negotiated Transaction. 4. All invoices for Project Costs, with proof of payment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. 5. The Recipient may, and is strongly encouraged to, request a courtesy review of its Project Plan prior to its submission for approval. 6. Reimbursement for Project Costs shall not occur until after FCT approval of the Project Plan. VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to approval of the Project Plan and final disbursement of the FCT Award, the Recipient shall submit to FCT and have approved a Management Plan that complies with Rule 04- 042 -FF4 October 21, 2004 Reimbursement -7- 10 D 9K- 7.011, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, IX, X, and XI herein. 2. The Management Plan explains how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of this Agreement. The Management Plan shall include the following: a. An introduction containing the project name, location and other background information relevant to management. b. The stated purpose for acquiring the Project Site as proposed in the application and a prioritized list of management objectives. C. The identification of known natural resources including natural communities, listed plant and animal species, soil types, and surface and groundwater characteristics d. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. e. A detailed description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. f. A scaled site plan drawing showing the project site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. g. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. h. A description of proposed educational displays and programs to be offered, if applicable. i. A description of how the management will be coordinated with other agencies and public lands, if applicable. j. A schedule for implementing the development and management activities of the Management Plan. k. Cost estimates and funding sources to implement the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing 04- 042 -FF4 October 21, 2004 Reimbursement Is 49 10 0 entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project and the identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, Fla. Stat., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K- 7.002(32), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, FCT may require the Recipient to do one, or more, of the following: post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; establish an endowment or other fund in an amount sufficient to ensure performance; provide a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Recipient is unable to, and may require the Local Government to be a named co- signer on the Declaration of Restrictive Covenants; or provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non - native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. As required by Rule 9K- 7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VIII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commitments made in the application 04- 042 -FF4 October 21, 2004 Reimbursement ®' that received scoring points or observations made by FCT staff during the site visit described in Rule 9K- 7.009(1), F.A.C.: 1. Two or more resource -based outdoor recreational facilities including a fishing /observation platform, canoe /kayak launch, and picnic pavilions, and two or more user - oriented outdoor recreational facilities including a playground and volleyball courts shall be provided. The facilities shall be located and designed to have minimal impacts on natural resources on the project site. 2. A permanent recognition sign, a minimum size of 4' x 6', shall be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Florida Forever Program and Collier County. 3. At least 24 regularly scheduled and ongoing educational classes or programs that promote the protection of natural, historic and cultural resources shall be provided at the project site. 4. Interpretive signage shall be provided to educate visitors about the natural resources and unique history of the project site. 5. A staffed nature center shall be developed on the project site to provide year round education programming concerning the natural environment or history of the area. 6. The water quality of Goodland Bay shall be protected and the natural hydrology of the project site shall be restored to a more natural function and shall include the restoration of areas impacted by boat docks. The docks will be removed and only non - motorized vessels will be allowed access to the shoreline. The development of the restoration plan shall be coordinated with the South Florida Water Management District. 7. A comprehensive landscaping plan will be developed for the project site. The landscaping plan will make significant use of native plants. 8. The boat docks shall be removed, and the shoreline will be revegetated with appropriate wetland plants to create a functioning natural shoreline in terms of biological composition and ecological function. 9. An ongoing monitoring and control program for invasive vegetation including exotic (non- native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 04- 042 -FF4 October 21, 2004 Reimbursement milli 10 D 10. A feral animal removal program shall be developed and implemented for dogs, cats, ducks, and other non - native wildlife that may be found on the project site. 11. Management of the estuarine resources on the project site shall be coordinated with the Florida Department of Environmental Protection's Rookery Bay Office and the U.S. Fish and Wildlife Service. 12. Any proposed stormwater facility for the project site shall be designed to provide recreation open space or wildlife habitat. 13. An archaeological survey shall be conducted to determine the integrity and extent of the shell midden that exists on the project site, and a professional survey of the historic structures shall be conducted to determine the integrity and extent of the historical features. The results of these surveys shall be reviewed in conjunction with the Division of Historic Resources to develop an appropriate protection plan for the archaeological and historic resources on the project site. 14. Pedestrian and bicycle access to the project site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the project site with adjacent residential neighborhoods. 15. The development and management of the project site shall be coordinated with the agencies managing conservation lands in the Goodland Bay Waterway Trail and the Blackwater River /Royal Palm Hammock Canoe Trail corridor, to ensure the project site is protected and managed as part of a linked conservation lands and recreation opportunities. 16. Proposed site improvements shall be designed and located to minimize or eliminate the long -term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 17. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT. 1. Each parcel in the Project Site to which the Recipient acquires title shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, Fla. Stat.; Section 11(e), Article VII of the Florida Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds. The Declaration of Restrictive Covenants shall 04- 042 -FF4 October 21, 2004 Reimbursement ENE 10 D contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund ( "Trustees "), or a nonprofit environmental organization or government entity, upon failure to comply with any of the covenants and restrictions, as further described in paragraph 3. below. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of reimbursement of Project Costs and shall be recorded by the Recipient in the county(s) in which the Project Site is located. 3. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site. 04 -042 -F F4 October 21, 2004 Reimbursement -12- 10 D y# 3. Following the reimbursement of Project Costs, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the reimbursement of Project Costs. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. The Project Site shall permanently contain one sign, provided by FCT, recognizing FCT's role in the acquisition of the Project Site. The cost of shipping the sign shall be deducted from the FCT Award, as reflected on the grant reconciliation statement. For a Project Site where the FCT Award is divided into more than one closing, the cost of the sign shall be deducted from the grant reconciliation statement containing the first parcel to close. The sign shall be displayed at the Project Site within ninety (90) days of the final disbursement of the FCT award. A photograph of the sign installed at the Project Site shall be provided to FCT within the same ninety (90) day timeframe. XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non - governmental person or organization; b. the operation of any concession on the Project Site by a non - governmental person or organization; 04- 042 -FF4 October 21, 2004 Reimbursement -13- C. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non - governmental person or organization; d. any use of the Project Site by a non - governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with a non - governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V.1., at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. XIL RECORDKEEPING; AUDIT REQUIREMENTS I. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable 04- 042 -FF4 October 21, 2004 Reimbursement -14- 10 D times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non -state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non -state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. (formerly d.) 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 04- 042 -FF4 October 21, 2004 Reimbursement and -15- 10 D Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five -year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla.Stat. performed by an independent certified public accountant ( "IPA ") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. XIII. DEFAULT; REMEDIES; TERMINATION 1. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature or the Office of the Comptroller, or if any of the events below occur ( "Events of Default "), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default: 04- 042 -FF4 October 21, 2004 Reimbursement If any warrant or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has -16- 10 D not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information. d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: Terminate this Agreement, provided the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph V.2. herein; b. Commence an appropriate legal or equitable action to enforce performance of this Agreement; Withhold or suspend payment of all or any part of the FCT Award; d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; or 04- 042 -FF4 October 21, 2004 Reimbursement Exercise any other rights or remedies which may be otherwise available under law, including, but not limited to, those described in paragraph IX.3. -17- 10 D 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla.Stat., as amended. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by the Trust, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(l)(a) and 166.045(1)(a), Fla. Stat. 4. FCT may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. 5. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the project. A request for termination shall be provided to FCT in a manner described in paragraph V.I . XIV. LEGAL AUTHORIZATION 1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XV. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 04- 042 -FF4 October 21, 2004 Reimbursement -18- 1().,D 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et se g.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. COLLIER C TY By: arm Print Na e 019PA04- Title:C Aa') v -/n0✓L Date: ode vu -�;D, ZoOl -4 Approyeti o and Le 1* AITES pMI E. :SROCK+ CLERK Deputx ler 04- 042 -FF4 October 21, 2004 Reimbursement ®' FL WD*ision U TIES TRUST By ector o Housing & �el pment Dat Approved as, tQ_F,.o�rm and Legality: (,Cx,Kelly A. Martinson Trust Counsel Item # it') 0 Agenda Date Date � -0 J Recd ��.. Q, ( —. l ,jam v ,,4 2; 260b VITh QLZ=— U711 ' Y Amanda Townsend, Operations Analyst Collier County Parks & Rec. Dept. 3300 Santa Barbara Blvd. Naples, Florida 34116 RE: FCT Project Number: 04- 042 -FF4 Recipient: Collier County Project Name: Goodland Harbor Dear Ms. Townsend: 10D It is with great pleasure that I inform you the following documents are enclosed to complete the above - mentioned project: ! 1• State warrant no. 0880009 in the amount of $1,886,222.50 representing FCT's portion of the reimbursement cost 2. Two fully executed Declaration of Restrictive Covenants- one to be recorded and one for your file " 3• One fully executed Grant Award Calculation statement 4• One purchaser's receipt that MUST be signed and returned to me immediately. Please record one Declaration of Restrictive Covenants in the public records of Collier County. When the Clerk of the Court returns it to you, please forward the original recorded Declaration to my attention. It has been a pleasure to work with you and thank you for your cooperation in this matter. If you have any questions please contact me at (850)922 -1700. /klc Enclosures Sincerel , Kristen L. Coons Senior Trust Counsel �G,RU This document prepared by: Kristen L. Coons, Esq. Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 Record and Return to: 3794596 OR; 3991 PG; 1737 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/02/2006 at 02:16PN DWIGHT B. BROCK, CLERK RBC FEB 146.00 COPIES 17.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 10D BIT 7240 FLORIDA COMMUNITIES TRUST FF4 AWARD #04- 042 -FF4 FCT Contract #05- CT- F5- 04 -F4 -A1 -042 GOODLAND HARBOR PARK DECLARATION OF RESTRICTIVE COVENANTS THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ( "FCT "), a nonregulatory agency within the State of Florida Department of Community Affairs, and COLLIER COUNTY, a local government of the State of Florida ( "Recipient "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds, as described in Exhibit "A" attached hereto and made apart hereof ( "Project Site "), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a non - regulatory agency within the Department of Community Affairs ( "Department ") that will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty -two percent (22 %), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community -based projects, urban open spaces, parks and greenways to implement local comprehensive plans; DRC \04- 042 -FF4 October 10, 2005 1 OR: 3991 PG: 1738 10D WHEREAS, the Florida Forever Revenue Bonds are issued as tax - exempt bonds, meaning the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule 9K- 7.009(1), Florida Administrative Code ( "F.A.C. "), authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, FCT has approved the terms under which the Project Site was acquired and the deed whereby the Recipient acquired title to the Project Site. The deed shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and it shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund ( "Trustees ") upon the failure of the Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the Recipient for Project Costs. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and the Recipient do hereby contract and agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon execution by both parties. The covenants and restrictions contained herein shall run with the Project Site and shall bind, and the benefit shall inure to, FCT and the Recipient and their respective successors and assigns. II. MODIFICATION OF AGREEMENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE COVENANTS 1. Upon execution by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records of Collier County, Florida, and in such manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees and charges DRC \04- 042 -FF4 October 10, 2005 2 OR: 3991 PG: 1739 100 incurred in connection therewith. 2. The Recipient and FCT agree that the State of Florida Department of Environmental Protection shall forward this Agreement to the Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax - exempt status of the Florida Forever Bonds is not jeopardized, FCT and the Recipient shall amend the Agreement accordingly. IV. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to the addresses specified below. Any such notice shall be deemed received on the date of delivery if by personal delivery or upon actual receipt if sent by registered mail. FCT: Recipient: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 A 2. In the event that a different representative or address is designated for paragraph 1. above after execution of this Agreement, notice of the change shall be rendered to FCT as provided in paragraph 1. above. V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375 AND CHAPTER 380, PART III, FLA. STAT. 1. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee containing such covenants, clauses or other restrictions as are sufficient to protect the interest of the State of Florida. 2. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 3. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish DRC \04- 042 -FF4 October 10, 2005 3 OR; 3991 PG; 1740 100 and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site. 4. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the Recipient shall deposit with FCT any insurance proceeds or any condemnation award and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from FCT, FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. VI. MANAGEMENT OF PROJECT SITE 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for compatible passive, natural resource -based public outdoor recreation, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Management Plan approved by FCT. 2. The Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient. 3. The Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction, as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 4. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 5. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. DRC \04- 042 -FF4 October 10, 2005 4 OR; 3991 PG; 1741 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non - native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. If archaeological and historic sites are located on the Project Site, the Recipient shall comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior written authorization has been _obtained from the Department of State, Division of Historical Resources. 8. As required by Rule 9K- 7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VII. SPECIAL MANAGEMENT CONDITIONS The Management Plan for the project site is mentioned throughout this Agreement, and is particularly described in Section IV. above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the project site and result from either representations made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K- 7.009(1), F.A.C.: 1. Two or more resource -based outdoor recreational facilities including a fishing/observation platform, canoe/kayak launch, and picnic pavilions, and two or more user - oriented outdoor recreational facilities including a playground and volleyball courts shall be provided. The facilities shall be located and designed to have minimal impacts on natural resources on the project site. 2. A permanent recognition sign, a minimum size of 4'x 6', shall be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Florida Forever Program and Collier County. 3. At least 24 regularly scheduled and ongoing educational classes or programs that promote the protection of natural, historic and cultural resources shall be provided at the project site. 4. Interpretive signage shall be provided to educate visitors about the natural resources and unique history of the project site. DRC104- 042 -FF4 October 10, 2005 5 OR; 3991 PG: 1742 100 5. A staffed nature center shall be developed on the project site to provide year round education programming concerning the natural environment or history of the area. 6. The water quality of Goodland Bay shall be protected and the natural hydrology of the project site shall be restored to a more natural function and shall include the restoration of areas impacted by boat docks. The docks will be removed and only non - motorized vessels will be allowed access to the shoreline. The development of the restoration plan shall be coordinated with the South Florida Water Management District. 7. A comprehensive landscaping plan will be developed for the project site. The landscaping plan will make significant use of native plants. 8. The boat docks shall be removed, and the shoreline will be revegetated with appropriate wetland plants to create a functioning natural shoreline in terms of biological composition and ecological function. 9. An ongoing monitoring and control program for invasive vegetation including exotic (non- native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 10. A feral animal removal program shall be developed and implemented for dogs, cats, ducks, and other non - native wildlife that may be found on the project site. 11. Management of the estuarine resources on the project site shall be coordinated with the Florida Department of Environmental Protection's Rookery Bay Office and the U.S. Fish and Wildlife Service. 12. Any proposed stormwater facility for the project site shall be designed to provide recreation open space or wildlife habitat. 13. An archaeological survey shall be conducted to determine the integrity and extent of the shell midden that exists on the project site, and a professional survey of the historic structures shall be conducted to determine the integrity and extent of the historical features. The results of these surveys shall be reviewed in conjunction with the Division of Historic Resources to develop an appropriate protection plan for the archaeological and historic resources on the project site. 14. Pedestrian and bicycle access to the project site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the project site with adjacent residential neighborhoods. DRC \04- 042 -FF4 October 10, 2005 6 OR: 3991 PG: 1743 100 15. The development and management of the project site shall be coordinated with the agencies managing conservation lands in the Goodland Bay Waterway Trail and the Blackwater River/Royal Palm Hammock Canoe Trail corridor, to ensure the project site is protected and managed as part of a linked conservation lands and recreation opportunities. 16. Proposed site improvements shall be designed and located to minimize or eliminate the long -term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 17. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non - governmental person or organization; b. the operation of any concession on the Project Site by a non - governmental person or organization; any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non - governmental person or organization; d. any use of the Project Site by a non - governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use DRC \04- 042 -FF4 October 10, 2005 7 OR: 3991 PG: 1744 expected at the date of the issuance of any series of Bonds from which the 10 D disbursement is to be made; f. a management contract for the Project Site with a non - governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph III.1. above, at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. IX. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable DRC104- 042 -FF4 October 10, 2005 8 OR: 3991 PG: 1745 17M rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a non -state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 DRC \04- 042 -FF4 October 10, 2005 9 OR: 3991 PG: 1746 10D 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five -year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. performed by an independent certified public accountant ( "IPA ") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. X. DEFAULT; REMEDIES; TERMINATION 1. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and DRC104- 042 -FF4 October 10, 2005 10 OR; 3991 PG; 1747 100 manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. XI. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seg.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement including Exhibit "A" embodies the entire agreement between the parties. DRC \04- 042 -FF4 October 10, 2005 11 OR: 3991 PG: 1748 100 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness- 1, 71j, i • .._✓ STATE OF FLORIDA COUNTY OF COLLIER COLLIER CO B �^ Y Print Name: Title: ,ice/ Date: App d TL ality: By: rm — l Print Name: } The foregoing instrument was acknowledged befQr day, of+` 2005 by 1 164 1 %' �' -G as �.J(t ° C a"ZG7"Iu�,50/f � G behalf of the Local Government, d who is personally known to me. „•,•,•• MARY E. BECK ;Notary Put*c - Stote of Fb ldo ' �Afx22,20� Q; �� 8 � 9D3026A �,N„t• NolorvAwn. DRC \04- 042 -FF4 October 10, 2005 12 Notary Pup�q Print Name:' Commission No. My Commission Expires: � � r Print Name: �itr�F,G Gv�itrc�� STATE OF FLORIDA COUNTY OF LEON OR; 3991 PG; 1749 FLORID TIES TRUST +S By: Kimbal Lov irector, Division of Housing and Community Development Date: I. 1 2' U 4 Apo as to Form and Legality: By: �. Kristen L. Coons, Trust Counsel `1* The foregoing instrument was acknowledged before me this Iz day Vopmen , 200, by Kimball Love, Director, Division of Housing and Community t. She is personally known to me. U x Print Name: `�w`��ayle ..... lf- lf My C DRC \04- 042 -FF4 October 10, 2005 13 �W. _- Z #0153509 / / /` /��IIIH•il i111O\\\`\• 11 EXHIBIT .A" 1 OF 4 OR: 3991 PG; 1750 LOTS 4, 5, 6, 7, 8, 9, 10, 11, BLOCK 3, AMENDED AND ENLARGED PLAT OF GOODLAND HEIGHTS, ACCORDING TO PLAT IN. PLAT BOOK 1, PAGE 85, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND LOTS 4, 5, 6, 9, AND 10, PETTIT SUBDIVISION, ACCORDING TO PLAT IN PLAT BOOK 2, PAGE 88, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND A CERTAIN PARCEL OR TRACT OF LAND LYING NORTH OF BLOCK 3, GOODLAND HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 85, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; NORTHWEST OF TRACT OF LAND CONVEYED TO M. C. JOHNSON AS RECORDED IN DEED BOOK 27, PAGE 357, WESTERLY OF PETTIT SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 88, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; SOUTHERLY OF THE SOUTHERLY LINE OF "DRIVE" A STREET IN SAID SUBDIVISION PROJECTED WESTERLY, EASTERLY AND SOUTHERLY OF THE EASTERLY AND SOUTHERLY SHORE OF A PROPOSED CANAL TO GOODLAND BAY AND EASTERLY OF THE LOT LINE BETWEEN LOTS 10 AND 11 OF BLOCK 3, GOODLAND HEIGHTS SUBDIVISION PROJECTED NORTHERLY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT WITH A 3/4" GALVANIZED IRON PIPE 'MARKING THE NORTHWESTERLY CORNER OF SAID PETTIT SUBDIVISION; THENCE SOUTH 22 058'30' EAST 30.0 FEET TO A CONCRETE MONUMENT MARKING THE NORTHWESTERLY CORNER OF LOT 1 OF SAID SUBDIVISION, THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 22 058'30' EAST 221.88 FEET TO A CONCRETE MONUMENT WITH A 3/4' GALVANIZED IRON PIPE; THENCE SOUTH 0 °21'00' EAST 88.95 FEET TO A CONCRETE MONUMENT WITH A 3/4' GALVANIZED IRON PIPE; THENCE SOUTH 78 028'30' WEST 110.92 FEET TO A CONCRETE MONUMENT WITH A 314' GALVANIZED IRON PIPE MARKING THE NORTHEAST CORNER OF LOT 9, BLOCK 3, GOODLAND HEIGHTS SUBDIVISION; THENCE NORTH 88 007'30" WEST 120.0 FEET TO AN IRON PIN MARKING THE NORTHEAST CORNER OF LOT 11, BLOCK 3, OF SAID SUBDIVISION; THENCE NORTH 1052'30" EAST 34.79 FEET TO A 314" GALVANIZED IRON PIPE; THENCE CONTINUING NORTH 1052'30" EAST 8.0 FEET TO A POINT ON THE SHORE OF A PROPOSED CANAL TO DRC \04- 042 -FF4 October 10, 2005 14 OR; 3991 PG; 1751 EXHIBIT "Al) - 2 OF 4 GOODLAND BAY; THENCE NORTH 88 °54'20" EAST FOLLOWING THE SOUTHERLY SHORE OF SAID CANAL 114.66 FEET TO A POINT, SAID POINT BEING THE POINT OF CURVE OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.0 FEET; THENCE FOLLOWING THE SOUTHERLY SHORE OF SAID CANAL ALONG A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 113 000' A DISTANCE OF 118.33 FEET TO THE POINT OF TANGENCY; THENCE NORTH 24 °05'40 "WEST FOLLOWING THE EASTERLY SHORE OF SAID CANAL 104.18 FEET TO A POINT, SAID POINT BEING THE POINT OF CURVE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 61.38 FEET; THENCE FOLLOWING THE EASTERLY SHORE OF SAID CANAL ALONG A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 18030'20"A DISTANCE OF 1932 FEET TO A POINT OF TANGENCY; THENCE NORTH 5 °35'20' WEST FOLLOWING THE EASTERLY SHORE OF SAID CANAL 69.08 FEET TO A POINT; THENCE SOUTH 88 °07'30" EAST 10.0 FEET TO A 3/4" GALVANIZED IRON PIPE; THENCE CONTINUING SOUTH 88 007'30' EAST 16.4 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING SITUATED IN GOVERNMENT LOT 14, SECTION 18, TOWNSHIP 52-SOUTH, RANGE 27 EAST, TALLAHASSEE MERIDIAN, GOODLAND, COLLIER COUNTY, FLORIDA. AND A CERTAIN PARCEL OR TRACT OF LAND LYING NORTH OF A TRACT CONVEYED TO MILTON C. JOHNSON AND RECORDED IN DEED BOOK 47, PAGE 411, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 4" 'X 4" CONCRETE MONUMENT WITH A 3/4" GALVANIZED IRON PIPE MARKING THE NORTHWESTERLY CORNER OF PETTIT SUBDIVISION AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 88; THENCE NORTH 88 °07'30" WEST 14.00 FEET TO A POINT ON THE EASTERLY SHORE OF A BRANCH CANAL FROM A CANAL TO GOODLAND BAY, SAID POINT BEING THE SOUTHWESTERLY CORNER OF TRACT CONVEYED TO DR. E. WAYNE LONG AND WALTER C. BURWICK RECORDED IN DEED BOOK 45, PAGE 324, SAID POINT BEING ALSO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED; THENCE SOUTH 88 007'30" EAST 14.00 FEET TO A CONCRETE MONUMENT WITH A 3/4' GALVANIZED IRON PIPE; THENCE SOUTH 22 058'30" EAST 30.00 FEET TO A CONCRETE MONUMENT WITH A 314" GALVANIZED IRON PIPE, SAID POINT BEING THE NORTHWEST CORNER OF LOT 1 OF SAID PETTIT SUBDIVISION; THENCE NORTH 88 °07'30" WEST 16.40 FEET TO A 3/4" GALVANIZED IRON PIPE ON THE BANK OF SAID BRANCH CANAL; THENCE CONTINUING NORTH DRC \04- 042 -FF4 October 10, 2005 15 �r OR: 3991 PG: 1752 EXHIBIT "A" 3OF4 88 °07'30' WEST 10.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID CANAL, SAID POINT BEING THE NORTHWESTERLY CORNER OF TRACT CONVEYED TO M. C. JOHNSON AND RECORDED IN DEED BOOK 47, PAGE 411; THENCE NORTH ANCH 503520" CANAL FOLLOWING THE O THE EASTERLY BOUNDARY OF SAID BRANCH POINT OF CURVE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 17.14 FEET; THENCE FOLLOWING SAID CURVE TO THE RIGHT ALONG SAID EASTERLY CANAL BOUNDARY AND THROUGH A CENTRAL ANGLE OF 36 019'10' 10.86 FEET TO A POINT OF TANGENCY, THE POINT OF BEGINNING, ALL LYING AND BEING SITUATE IN GOVERNMENT LOT 14, SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, TALLAHASSEE MERIDIAN, GOODLAND, COLLIER COUNTY, FLORIDA. AND A CERTAIN PARCEL OR TRACT OF LAND LYING NORTH OF BLOCK 3, GOODLAND HEIGHTS. SUBDIVISION AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 1, PAGE 85 AND EAST OF PAPAYA STREET OF SAID SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 14, BLOCK 3, GOO,DLAND HEIGHTS SUBDIVISION; THENCE NORTH 85 003'30" EAST 180.0 FEET TO A 3/4" GALVANIZED IRON PIPE; THENCE CONTINUING NORTH 85 °03'30" EAST 52.91 FEET TO A CONCRETE MONUMENT WITH A BRASS CAP; THENCE SOUTH 88 007'30" EAST 60 FEET TO AN IRON PIN MARKING THE NORTHEAST CORNER OF LOT 11, BLOCK 3, OF SAID GOODLAND HEIGHTS SUBDIVISION; THENCE NORTH 1052'30" EAST 34.79 FEET TO A 3/4" GALVANIZED IRON PIPE; THENCE CONTINUING NORTH 1 052'30" EAST 8.0 FEET TO A POINT ON -THE SHORE OF -A PROPOSED CANAL TO GOODLAND BAY; THENCE SOUTH 88 054'20" WEST 107.89 FEET TO A POINT ON THE SOUTHERLY SHORE OF SAID CANAL, SAID POINT BEING NORTH 7 °14' EAST 8.18 FEET FROM A 3/4' GALVANIZED IRON PIPE, A REFERENCE POINT AND ALSO BEING NORTH 7 014' EAST 43.74 FEET FROM A 3140 GALVANIZED IRON PIPE ON THE NORTHERLY BOUNDARY OF SAID GOODLAND HEIGHTS SUBDIVISION LAST AFORESAID PIPE HAVING HEREIN DESCRIBED AS BEING NORTH 85 003'30" EAST 180.0 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 7 °14' EAST FOLLOWING THE SHORE OF WESTERLY AND OF SAID PROPOSED CANAL 7.39 FEET; THENCE SOUTH 85 003'30" WEST 8.0 FEET TO A 314" GALVANIZED IRON PIPE; THENCE CONTINUING SOUTH 85 003'30" WEST 172.0 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY BOUNDARY OF PAPAYA STREET; THENCE SOUTH 7 °14' EAST FOLLOWING THE EASTERLY RIGHT- DRC \04- 042 -FF4 October 10, 2005 16 EXHIBIT "A" 4OF4 OF -WAY BOUNDARY OF SAID PAPAYA STREET 51.13 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING SITUATE IN GOVERNMENT LOT 14, SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, TALLAHASSEE MERIDIAN, GOODLAND, COLLIER COUNTY, FLORIDA. AND BEGINNING AT A POINT MARKED BY A 3/4' GALVANIZED IRON PIPE ON THE NORTHERLY BOUNDARY OF GOODLAND HEIGHTS SUBDIVISION, RECORDED IN PLAT BOOK 1, PAGE 85, COLLIER COUNTY, FLORIDA, SAID POINT BEING THE INTERSECTION OF SAID NORTHERLY BOUNDARY AND THE WESTERLY BOUNDARY OF PETTIT SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 88, COLLIER COUNTY, FLORIDA; THENCE NORTH 22 058'30° WEST 126.35 FEET FOLLOWING THE WESTERLY BOUNDARY OF _ SAID PE I I IT SUBDIVISON TO A CONCRETE MONUMENT WITH A 3/4° GALVANIZED IRON PIWiiH A 3/4m GALVANIZED SRON PIPEETCONCRETE MONUMENT THENCE NORTH 78°28'30" WEST 110.92 FEET TO A CONCRETE MONUMENT WITH A 314' GALVANIZED PIPE MARKING A POINT ON THE NORTHERLY BOUNDARY OF SAID GOODLAND HEIGHTS SUBDIVISION; THENCE SOUTH 88 007'30° EAST 1-57.60 FEET TO THE POINT OF BEGINNING, BEING SITUATE IN GOVERNMENT LOT 14, SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, TALLAHASSEE MERIDIAN, GOODLAND, COLLIER COUNTY, FLORIDA. END OF LEGAL DESCRIPITION DRC \04- 042 -FF4 October 10, 2005 17 100 0 C-01 c„ w MEMORANDUM Date: December 2, 2004 To: Gail Hambright, Administrative Assistant Tourism Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004 -370 Enclosed please find a copy of the document referenced above, (Agenda Item #10E), approved by the Board of County Commissioners on Tuesday, November 30, 2004. If you should have any questions, please contact me at 774 -8411 Thank you. Enclosure y 0 E ORIGINAL DOCUMEN' TO ACCOMPANY ALL THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are io be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the ' checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date List in routing order app ro riate. (Initial) . Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 4fr4 " A roved b the BCC U3401041 2.Heidi Ashton County Attorney's Office Number of Original 3. resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 7 4. contracts, agreements, etc. that have been fully executed by all parties except the BCC . 5. Sue Filson, Executive Manager Board of County Commissioners 2. All handwritten strike- through and revisions have been initialed by the County Attorney's ,., PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending 13CC approval. Normally the primary contact is the person who created/prepamd the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the ` item. Name of Primary Staff Gail Hambright Phone Number 403 -2384 Contact app ro riate. (Initial) . Applicable) Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number 4fr4 " A roved b the BCC U3401041 Type of Document by the Office of the County Attorney. This includes signature ty Y gnature pages from ordinances, Number of Original Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached a; , ' 1f1VQ9r12iT1""9r1Fn1 TC V l"uVnvr rrm n" 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 ED Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not : app ro riate. (Initial) . Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature ty Y gnature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC . Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 ED RESOLUTION N0.2004 _ 370 1 ®1... A RESOLUTION ADOPTING A POLICY FOR THE APPROVAL OF FUNDS FOR TRAVEL EXPENSES FOR PERSONS CONDUCTING OFFICIAL TOURISM BUSINESS. WHEREAS, it is the intent of Collier County to reimburse Tourism Department employees and agents under contract with Collier County for travel on official tourism business in accordance with Section 125.0104, Florida Statutes, and Section 112.061, Florida Statutes; and, WHEREAS, all authorized travel expenses will be reimbursed to County Tourism Department employees or to employees of companies or individuals contracted for tourism services on behalf of the County at the actual expense; and, WHEREAS, the Board of County Commissioners has the legal authority to adopt a resolution authorizing the expenditure of County funds for valid and proper public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the expenditure of funds for any and all travel by Tourism Department employees and authorized agents under contract with Collier County are as follows: A. APPROVAL REQUIRED. All travel for Tourism Department staff and authorized agents under contract must be authorized and approved by the Tourism Department Director, and by the County Manager for the Tourism Department Director, and funds must be available in the approved Tourism Department Budget. Those travel events that are not covered in the budgeted or contingencies categories in the Tourism Department Budget must be presented to the Tourist Development COUnciI and Board of County Commissioners for approval. The Board of County Commissioners must approve travel by authorized persons not employed or under contract by the County who are called upon to contribute time and services as consultants or advisors or participants for travel on County tourism business. All travel reimbursements require receipts. B. DOMESTIC TRAVEL. 1. Common Carrier. Travel shall be booked at the best available coach price. 2. Ground Transportation. Taxi, shuttle and public transportation shall be reimbursed at actual cost: including up to a 1517c gratuity. Rental car use shall be booked or reimbursed for domestic travel at best compact rate available. Travelers shall use the rental car company holding the county bid, where available. 3. Meals. Meals shall be reimbursed at actual cost plus gratuity up to 15 %, if not included in bill, and up to 20 %, if included in bill, for groups or special menus or events. Continental breakfasts, snacks, drinks or other small incidental food items provided under a registration fee will not be considered a provided meal and a full meal substitute would be reimbursable at actual cost. 4. Accommodations /Lodgain In -state travel outside 50 miles of office location is reimbursable at actual cost for single occupancy at the best available rate or at the headquarters hotel. Travel within 50 miles of the office — Accommodations expense reimbursement must be authorized by the Tourism Director if travel to home after the daily activities is deemed unsafe, or supervision of guests being entertained is necessary. Travel to destinations within Florida is tax exempt for accommodations. Travelers shall supply the hotel /motel with a Florida Sales Tax Exemption Certificate when checking in. Expenses for the use of in -room dispensers or movies are not reimbursable. ' 5. Other expenses. Reimbursable expenses include tolls, ferry fares, tuxedo and costume rental, parking fees, charges for business telephone calls, including cell phone roaming charges, facsimiles, or high speed internet access char -es for use of computer, actual mileage reimbursement at the current Collier County rate, mandatory valet parking, including a 15% gratuity, hotel resort fees, tips to bellmen, parking attendants, and shuttle drivels, charges for changes in travel dates or departure times for airline ticket and hotel accommodations if pre approved by the Tourism Director or County Manager, laundry and dry cleaning charge for travel of five (5) or more days. Business association, trade association, tourism industry association, Chamber of Commerce meetings, or event expenses are authorized for payment or reimbursement if subject matter is tourism related. C. TRAVEL IN FOREIGN COUNTRIES. Foreign travel will be conducted in compliance with federal standards detailed in the publication, "Standardized Regulations (Government Civilians, Foreign Areas) ". Common Carrier. Travel shall be booked at the best available coach price. 2. Ground Transportation. Taxi, shuttle and public transportation shall be reimbursed at actual cost with receipt including up to a 15 °h gratuity. Rental car use shall be booked or reimbursed at best compact rate available. 3. Meals. Meals shall be reimbursed at actual cost plus gratuity up to 15 %, if not included in bill, and up to 20%, if included in bill, for groups or special menus or events. Continental breakfasts, snacks, drinks or other small incidental food items provided under a registration fee will not be considered a provided meal and a full meal substitute would be reimbursable at actual cost. 4. Accommodations /Lodging. Reimbursable for actual cost for single occupancy at the best available rate or at the headquarters hotel. Expenses for the use of in -room dispensers or movies are not reimbursable. 5. Other expenses. Reimbursable expenses include tolls, ferry fares, tuxedo and costume rentals, parking fees, foreign currency exchange fees, travelers checks fees, maps, charges for business telephone calls, including access, air time and phone rental charges for cell phones, facsimiles, or high speed internet access charges for use of computer, actual mileage reimbursement at the current Collier County rate (currently 29¢ per mile), mandatory valet parking, including a 15 °h gratuity, hotel resort fees, tips to bellmen, parking attendants, and shuttle drivers, charges for changes in travel dates or departure times for airline ticket and hotel accommodations with prior approval of the Tourism Director or County Manager, laundry and dry cleaning charge for travel of five (5) or more days. D. TRAVEL INVOLVING TRADE SHOWS / CONVENTIONS / TOURISM INDUSTRY AND ASSOCIATION MEETINGS. Expenses related to attendance at trade shows, conventions, association and tourism industry meetings, sales meetings and receptions and events are authorized for payment or reimbursement at actual cost pursuant to this Resolution depending on whether- the travel is foreign or domestic. Pursuant to Section 125.0104, Florida Statutes, registration fees for Tourism Department employees and authorized agents under contract with Collier County shall be paid in advance by County check or credit card or be paid by reimbursement. 10 "" E. TRAVEL. RELATED ENTERTAINMENT. Payment or reimbursement is authorized for any tourism promotion, event, meal, or occasion organized by the Collier County Tourism Department or other tourism organizations or agencies including, but not limited to, entertaining travel writers, journalists, travel agents, tour operators, airlines, travel consultants, wholesalers, consolidators, meeting planners, dignitaries and VIP's from foreign countries or anyone who can bring, direct or encourage travel or publicity to Collier County. (Collectively or singularly referred to as "Tourism Promoters "). Expenses such as meals for County employees who attend a function with Tourism Promoters in an official capacity are authorized to be included in the total cost of the function for payment or reimbursement. 1. Meals. Meals include food and beverages associated with meetings, dinners, promotions, cocktail parties and similar events, whether catered or provided by Collier County or other tourism organizations or agencies, at a facility or private location. Gratuities up to 15(/0, if not included in the hill, or up to 20 %, if included in the bill, for groups or special menus or events are authorized for payment or reimbursement. Gratuities on discounted or complimentary meals are authorized as calculated on the full fair market price of the meals up to 20 %. County employees must follow the County Ethics Policy covering acceptance of discounted or complimentary meals. 2. Alcoholic Beverages. The cost of alcoholic beverages is authorized for payment or reimbursement for entertainment purposes for Tourism Promoters. The cost of alcoholic beverages for County employees is not reimbursable. 3. Gifts. Tokens of appreciation and mementos of Collier County given to Tourism Promoters are authorized for payment or reimbursement at actual cost. 4. Transportation. Expenses for vans, limousines, buses or automobiles to transport Tourism Promoters are authorized for payment or reimbursement. 5. Accommodations. Expenses to house Tourism Promoters are authorized for payment or reimbursement at actual cost. F. COUNTY PURCHASING CARD USE. The Collier County Purchasing Card may be used by Tourism Department staff for all travel, entertainment and registrations including the cost of restaurant meals. The Purchasing Card issued to each Tourism Department staff member will have a single transaction limit of $2,000 and a maximum monthly spending limit of $10,000. G. PAYMENT BY ADVANCEMENT OR REIMBURSEMENT. The County may pay by advancement or reimbursement, or a combination thereof, the costs of per diem and incidental expenses of employees of the County and other authorized persons, for foreign travel at the current rates as specified in the federal publication "Standardized Regulations (Government Civilians, Foreign Areas)." The County may also pay by advancement or reimbursement, or by a combination thereof, the actual reasonable and necessary costs of' travel, meals, lodging, and incidental expenses of employees of the County and other authorized persons when meeting with gravel writers, tour brokers, or other persons connected with the tourist industry, and while attending or traveling in connection with travel or trade shows. This Resolution supercedes Resolution No. 2003 -431. 10E THIS RESOLUTION ADOPTED this — day of > 2004, after a motion, second and majority vote favoring same. DATED: /a4' A - 0 "/ BOARD OF COUNTY COMMISSIONERS ATTEST ,-` Co OF COLLIER COUNTY. FLORIDA " DWIGFfF�. -'W0(-,,Wk1erk dl?�% By: DONNA FIALA, Chairman Approved as to form and legal s fficiency: i�4 A Held] F. Ashton Assistant County Attorney (TJ DO Reso:'Fouri sin DeptTrave I Rci F1 I bUrscinem-2004 12A 4__�.- Date: December 20, 2004 To: Jacqueline Hubbard Robinson Assistant County Attorney From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Amended Macort Settlement Agreement and Mutual Release between Collier County and Access Now, Inc. Enclosed please find two (2) copies of the document as referenced above, Agenda Item #12A, approved by the Board of County Commissioners on November 30, 2004. The original agreement is being retained for the record. If you should have any questions, please contact me at extension 7240. Thank you Enclosure(s) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 12A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. a ro riate. (Initial) Applicable) Agenda Date Item was 11/30/2004 Agenda Item Number Item 12A 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Amended Settlement Agrmt. & Mutual Number of Original 12 3. Release Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC 4. Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's N/A 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jacqueline Williams Hubbard Phone Number 774 -8400 Contact a ro riate. (Initial) Applicable) Agenda Date Item was 11/30/2004 Agenda Item Number Item 12A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Amended Settlement Agrmt. & Mutual Number of Original 12 Attached Release Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be JWH signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JWH document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JWH — signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 12A AMENDED MACORT SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release ") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between Collier County (hereinafter referred to as "the County"), a political subdivision of the State of Florida and Colleen Macort, a person who is sui juris, and Access Now, Inc., a Florida Not for Profit Corporation, (hereinafter referred to as "Macort"). WITNESSETH: WHEREAS, Macort has filed a Second Amended Complaint against Collier County in the United States District Court for the Middle District of Florida, Fort Myers Division, in Case No.2 :03 -cv- 109- FtM- 29SPC, alleging that Collier County is not in compliance with Title II of 42 U.S.C. Sections 12131- 12134; and WHEREAS, the County has filed a Motion to Dismiss Macort's Second Amended Complaint; and, WHEREAS, Macort and the County, without any of them admitting any liability or fault, desire to settle the dispute and any and all disputes or claims that arise from, relate or refer in any way, whether directly or indirectly, to the County's compliance with Title II of 42 U.S.C. Sections 12131 - 12134, (hereinafter "ADA ") at Collier County's Golden Gate Community Park, (hereinafter "Facility "); and, WHEREAS, Macort and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, spouses, successors, assigns, heirs grantees and affiliates. Page 2 Settlement Agreement & Release 12A NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Macort and the County agree as follows: 1. Macon and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses ", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to United States District Court for the Middle District of Florida, Fort Myers Division, Case No.2:03 -cv- 109- FtM- 29SPC; and in consideration of the promises contained herein, the parties agree as follows: a. Collier County will make the necessary improvements to the aforementioned Facility to conform to current ADA requirements to the specifications contained in the ADAAG, Appendix A to 28 CFR Part 36, 1994 Edition, (hereinafter "the Work "), (as more fully described in the "Recommendation" column of Plaintiffs' expert, Mr. Kirk Tcherneshoff s report attached hereto as Exhibit "A "), and incorporated herein by reference, with the express exception of items #17 & #20 which shall not be required to be completed by Defendant, within eight (8) months of the execution of this settlement agreement. The parties acknowledge that the modifications required by this Agreement shall be implemented according to the standards set out in the ADAAG and/or ANSI Al 17.1 -- 1998. It is agreed that the modifications required by this Agreement shall constitute full compliance with ADAAG. The ADAAG dimensions, pursuant to Section 3.2 thereof, are subject to conventional building industry tolerances for field conditions. Completion of the modifications pursuant to the ADAAG and/or ANSI A117.1 - 2 Page 3 Settlement Agreement & Release 12R 1998 shall be considered full compliance with the ADA, to the extent the parties agree is readily achievable and technically feasible. b. The parties agree to dismiss this litigation with prejudice subject to the Court retaining jurisdiction over this matter for purposes of enforcing this Agreement. C. Macort, or her representatives, shall inspect the Facility within thirty (30) days, or as soon as is reasonably practical, after notification by Collier County that the Work has been completed; d. Any dispute regarding whether the Work has-been satisfactorily completed shall be first submitted in writing to the County within ten (10) days after completion of inspection, (if any), by Macort and the parties shall first attempt to reach an amiable resolution of the dispute. e. If an amiable resolution of whether the Work has made the Facility ADA compliant cannot be reached by the parties within a reasonable time or within thirty days of the Plaintiffs' re- inspection of the Facility, whichever is earlier the issue of compliance with the ADA and this Agreement may be brought before the Court for a decision. 3. In consideration of the resolution of this dispute, and for other good and valuable consideration as enumerated in this Agreement, the receipt and adequacy of which is hereby acknowledged, Macort and the County, on behalf of themselves, as well as on behalf of their attorneys, agents, representatives, and assigns, hereby expressly release and forever discharge among themselves and each other, as well as their officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind 3 12A Page 4 Settlement Agreement & Release or nature whatsoever that they have asserted or could have asserted against any other of them that arise from or relate to or refer to in any way, whether directly or indirectly, to Case No.2:03- cv -109- FtM -29SPC and is /are specifically related to the Facility, with the express exception of an action to enforce this Agreement and/or the terms contained herein. 4. Macort and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex- employees, agents, attorneys, representatives, insurers, successors, assigns,. spouses, heirs and affiliates. 5. Macort and the County recognize and acknowledge that this Agreement and Release memorializes and states a full settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of Macort or the County. 6. The County shall pay Macort's reasonable attorney's fees and costs, including expert's fees incurred in connection with this matter. Within ten days of the execution of this Agreement, the Plaintiffs shall provide the Defendant with a detailed billing statement. Within 10 days of receipt thereof, the parties shall reach an amicable resolution of this issue or shall defer the issue to the Court prior to dismissing this action to determine a reasonable attorney's fees and costs, including expert's fees incurred in connection with this matter by Plaintiffs to be paid by Defendant. 7. Macort and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party 4 Page 5 Settlement Agreement & Release 12A drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Macort and the County agree that all underlying causes of action or claims of Macort and the County have been mutually extinguished, among and between each of them, by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions; or for any damages arising from the breach. In this regard, Macort and the County further agree that the sole venue for any such action shall be in the original Court, the United States District Court, Middle District of Florida, Ft. Myers Division, or, if that Court refuses to accept jurisdiction thereover, a Court of competent jurisdiction in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. The laws of the State of Florida shall govern this Agreement and Release. 11. If any action or proceeding is commenced with regard to the subject matter of this Stipulation for Settlement, then the prevailing party in such action or proceeding shall be entitled to have its reasonable attorney's fees and costs incurred in said action or proceeding promptly reimbursed by the non - prevailing party. 12. The parties further agree that time is of the essence in all respects regarding this Stipulation of Settlement. 9 1 "210912004 15:59 19549662566 SCHWARTZ ZWEBEN PAGE 02103 12A cnt Agreement & Rdk2w 13. The parties agree tbat this Stipulation for Settleutcnt and any aM 21I other documo is in eomaection with the settlement of this matter =y be executed in cmmterparts, each of which shall be deemed an original but a of which taken together shall 00=itute but one and the same iastrumens. Furthermpre, the pasties agree that a facsimile copy of a patty's Sign u e shall be deemed the egaivWent o£ an wrigiud. IN WITNESS vMXMOF, Macort and the County have signed and sealed this Agreement and Release as set forth below: COLLEEN MACORT AND ACCESS NOW, INC. 'jo • Witttesse. - By: i atw+c) COI.IXEN 1VaA.CORT G -�- Sc t".r-N -- (ftint) • By: (Signature) ACCESS NOW, INC, Trint) COLLIER CO(TTM.— AMST�'= AWIT�..BRUCK; wC# Caant�'ofColl r #ttat ",to C1►air�art'rs slgeatw"t (Mly. Approved as to form and legal sufficiency. yc-, -� 4-'Ca lat4ueaeHubbard i Cotmty Attomey h_ RM MxaR XW=cnt zpw mehg a rdma D BOARD OF C 'LINTY CONMSSIONERS OF CO. ZTNTY, FLO A r By: DOI A FIALA, Chairman Date: item # `L - DF�n 11-30 -Z61 1240. R'f d . -77 _ 1`2/09!2004 15:59 19549662566 SCHWARTZ ZWEBEN PAGE 03103 11/25/2064 16:28 3055346553 EDWARD RESNICK PAGE 03 12A Page 6 setthwwt Aseement & Rebate 13. The parties agree that this Stipulation for SettleMen% and any and all other documents in connection with the settlement of this matter may be executed in counterparts, each of which shall be deemed an original but all of which taken together shall constitute but one and the same instrument. Furthermore, the parties agree that a facsimile copy of a party's signature shall be deemed the equivaleut of an original. IN wlTl+tES5 WHEREOF, Mac ort and the County have signed stud sealed this Agreement and Release as set forth below: COLLEEN MACORT AND ACCESS NOW, INC. Witnesses: (Signature) (Signs rim V "tttu�--: 5� tjj ( Print COLLI��'C �rx ATTM Cour`efCflllier Florida f IVY mlk� �11111 A, Avli f I a signatMre only. Approved as to form and legal sufficiency: - Le-e- ) L� -A- <=�" Y� ueii a Hubbard - sistant County Attorney h; JMV Me001% WdOMM AVSement &release By: COLLEEN MACORT r LI-a By. , ESS NOW, C. 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'� - .r r , i ter. 3 141 Y • x i IN A - _ FROSOIL Aerial JW- Orr a�yrms :. k i*�1! � • •� q f°, iw it '� �. ' a . s „w � 4 � ,.,,'gay � .,.,,.•. hr.,;,, '*•. -�, {.» �'� yr, .. ,�� LL •� � �" � � N U - -:,0 -2004 11: Ze GRAYROB I NSON GRAYIROBINSON ATTORNEYS AT LAW AULMAN@GRAY- R0B1N50N1O0M November 30, 2004 BY FACSIMILE AND U.S. MAID David Weigel Office of the County Attorney 3301 East Tamiarni Trail Administration Building >;, e Floor Naples, FL 34112 850 222 3494 02 SUITE 60 .'4.y 301 5oti7H BRONOUGH ST, (3230 a� POST OPFrcr Box 11199 TALLAHAssu, FL 92102.3199 4L6)tMONr TcL. $50.222,7717 KEt' WEST TFL 850.577 -9090 LAXSLAVD FAX 850- 222 -3494 MELDUUA'N6 r -,x 950.577.3311 gray - robinson.cam ORLANDO Re: Appeal of Don Hunter, Sheriff of Collier County, Florida, Before the Administration Commission, State of Florida Dear Mr, Weigel: We are in receipt of the County's Initial Response and Request for Additional Time for Further Response to Appeal in the above referenced matter. The Sheriff believes it is in the best interest of the coimaunity to determine whether the parties may come to a mutual agreement that might obviate the need for continuing the formal appeal. We therefore propose the following four points for your consideration. If the County agrees to each of these points, the Sheriff would be amenable to withdrawing his appeal. First, the reinstatement of the full $2,500,000.00 reduction the Board made to the Sheriff s Office budget during the September 9 and 23 budget hearings. The Board has restored $1,687,556,00, so this would require a further restoration of $812,444.00. Second, the County's formal funding of the $931,000 reduction to the Sheriff's Office budget, from County general funds, until such time as that amount is covered by a l,aw Enforcement Impact Fee formally adopted by the County. Third, a formal acknowledgement by the Board that the Sheriffs access to reserve funds is non - discretionary, unfettered, and available upon request pursuant to Section 30.49(7), Florida Statutes. In the future, such reserve funds should not be allocated to cover anticipated operating costs of the Sheriff s Office, but rather for "contingencies," as described in the Statute. Fourth, a formal acknowledgment by the Board that the 4% attrition policy it has applied to the Sheriff's Office is not appropriate for providers of emergency services, and a commitment to review this policy with respect to the Sheriffs Office. 15 K90 -30 -2004 11 :339 GRAYROBINSON GkeAYROBCNSON PROFESSIONAL ASSOCIATION David Weigle November. 30. 2004 Page 2 850 222 3494 P.03 15 This letter is for settlement purposes only. We hope that the Board will give serious consideration to each of the foregoing points, as well as a frank recognition of the millions of dollars of reasonable public safety expenses the Sheriff is willing to forego for settlement purposes. Please provide us with a response by Friday of this week. If you have any questions, or would otherwise like to discuss this matter, please contact me at (850) 5'77- 910910, Best regards, Jonathan P, Kilman TOTAL P.03 16 Al COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Co*C014111-.V r t i ✓ ODES Operat n De artment n 5 p Community Development Center 2800 North Horseshoe Drive Naples, Florida 34104 Board of County Commissioners Agenda Item Backup Materials for AVE MARIA UTILITIES COMPANY, LLLP, APPLICATIONS FOR WATER AND WASTEWATER CERTIFICATES Agenda Item Scheduled for 9:00 a. m., November 30, 2004, Third Floor BCC Meeting Room, W. Harmon Turner Building (Administration), County Government Center STAFF POINT OF CONTACT: D. E. "BLEU" WALLACE DIRECTOR, CDES OPERATIONS Phone: 659 -5717 16 A.1 -- BACKUP MATERIALS FOR AVE MARIA UTILITIES COMPANY, LLLP, APPLICATIONS FOR WATER AND WASTEWATER CERTIFICATES TAB 1 Executive Summary TAB 2 Proposed Resolution w /Attachments "A"(Legal Description of Water and Wastewater Service Area) and "B" (Water Certificate No. 06W and Wastewater Certificate No. 09S) TAB 3 Preliminary Order No. 2004 -01, Collier County Water and Wastewater Authority w /Attachments "A" (Staff Report) and "B" (Legal Description of Water and Wastewater Service Area) TAB 4 Ave Maria Utilities Company, LLLP, Application for Water Certificate TAB 5 Ave Maria Utilities Company, LLLP, Application for Wastewater Certificate Direct questions regarding this action to D. E. "Bleu" Wallace, Director, CDES Operations, Community Development Center, 2800 North Horseshoe Drive, Naples, Florida, Phone: 239.659.5717 or email deweywallace(a,collieraov.net. 16 pig EXECUTIVE SUMMARY Recommendation to adopt a Resolution granting two separate certificates that authorize Ave Maria Utility Company, LLLP, to provide water and wastewater service in specific areas of unincorporated Collier County, as recommended by the Collier County Water and Wastewater Authority. OBJECTIVE: That the Board consider applications for water and wastewater certificates submitted by Ave Maria Utility Company, LLLP and subject to public input, if any, authorize issuance of the certificates, as recommended by the Collier County Water and Wastewater Authority. CONSIDERATIONS: Investor -owned water and wastewater utility entities are required to submit applications to the County for Certificates to operate prerequisite to providing water and/or wastewater service to its customers in unincorporated Collier County. Prior to filing application for these certificates, the utility - applicant must file a Notice of Intent to File Application with other utility entities currently providing the respective service in the general vicinity of the applied -for certificated area. On June 3, 2004, Ave Maria Utility Company, LLLP, ( "AMUC ") the utility - applicant, delivered the proper notice of its intent to the Collier County Water /Sewer District, the - Immokalee Water /Sewer District, and the Orange Tree Utilities Company, Inc. On August 10, 2004, the AMUC submitted its applications and application fees for water and wastewater certificates to the Utility Regulation staff in CDES Operations Department. After review, it was determined that the applications complied with the minimum filing requirements and otherwise complied with all requirements of the Utility Regulation enabling Ordinance (Ord. No. 96 -6, as amended) regarding eligibility for obtaining these Certificates. As no competing utility interests filed any objection to AMUC's application, no public hearing is required by the Collier County Water and Wastewater Authority or by the Board of County Commissioners. On October 25, 2004, the Collier County Water and Wastewater Authority considered AMUC's applications for these water and wastewater Certificates along with testimony from AMUC's representatives, and from staff. The Collier County Water and Wastewater Authority considered the following: • Whether the applicant is exempt from the Authority's regulation. • The applicant's ability to build, install, operate, and provide service to the requested certificated area. • Schedules showing all proposed rates, fees, and charges for service. • Rules, regulations, and written contracts relating to the applicant. Affidavit that the applicant has filed notice of intent to apply to neighboring �- utilities. 16 A1+ 9 Copy of the applicant's Certificate of Incorporation. • Financial statement and inventory of assets, to the extent applicable. • Whether the application conflicted with the County's local comprehensive plan, including all relevant capital improvement programs adopted by Board. Phased schedule of providing service to anticipated customers of utility. That the applicant shall indemnify and hold the County harmless from all claims, suits, and damages that may result from any exercise of any rights, etc., granted or authorized by both Certificates. That the utility maintain and keep all of its improvements in good repair; provide both services within a reasonable time to all persons requesting such services within the Certificated Areas. Provision of fire protection. The Authority was unanimous in adopting its Preliminary Order No. 2004 -01, recommending that the Board of County Commissioners grant AMUC water and wastewater Certificates to serve the future Ave Maria University and Town Development. Although the Authority has several "final decision" authority regarding utilities under its regulatory jurisdiction, only this Board is authorized to issue Certificates for the provision of water and/or wastewater service. NOTE: The complete Ave Maria Utility Company's Application for Water Certificate and Application for Wastewater Certificate exceed four hundred (400) pages, and both are on file with the Clerk of Courts, Board Records, for the public's review. One complete application will be placed in the Board Administrative Offices for Board of County Commissioner's perusal. FISCAL IMPACT: Upon becoming operational and serving customers in its designated certificated service area, this Utility will be subject to Collier County's Regulatory Assessment Fee, currently 2% of utility gross revenues and a revenue source for Fund 669 (Utility Regulation). Phase I of the utility plant is scheduled for 2006 -2008, with growth projections to approximately 1,362 Equivalent Residential Connections (ERC's) by 2008. Regulatory fee projections at this point are not known, but should have significant impact in the future, as projections to build -out in 2021 estimate the potential of 11,211 Equivalent Residential Connections. GROWTH MANAGEMENT IMPACT: There will be no Growth Management impact resulting from the issuance of the water certificate or the wastewater certificate. RECOMMENDATION: Recommend that the Board adopt the proposed Resolution to grant the applied -for Water Certificate and the Wastewater Certificates to Ave Maria Utility Company, LLLP, and authorize the Board's Chairman to execute the Resolution and both certificates, as recommended to the Board by the Collier County Water and Wastewater Authority. PREPARED BY: D. E. "Bleu" Wallace, Director, CDES Operations 16 Al RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 1 -4(D) OF COLLIER COUNTY ORDINANCE NO. 96 -6, AS AMENDED, GRANTING AVE MARIA UTILITY COMPANY, LLLP, TWO CERTIFICATES: ONE TO PROVIDE WATER SERVICE AND THE OTHER TO PROVIDE WASTEWATER SERVICE TO APPLIED -FOR CERTIFICATED SERVICE AREAS IN UNINCORPORATED COLLIER COUNTY, ALL AS RECOMMENDED TO THIS BOARD BY THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY. WHEREAS, Collier County Ordinance No. 96 -6, as amended, established the Collier County Water and Wastewater Authority (AUTHORITY) and specific powers and duties; and WHEREAS, the AUTHORITY exercises Chapter 367, Florida Statutes, jurisdiction of non - exempt private water and wastewater utilities in unincorporated Collier County; and WHEREAS, Section 1 -4 (D) of Ordinance No. 96 -6 mandates minimum filing requirements that apply when a non - exempt water and/or wastewater utility applies to Collier County to request to be issued Certificates by this Board to be authorized to provide water and/or wastewater service pursuant to Chapter 367, Florida Statutes; and WHEREAS, on August 10, 2004, Ave Maria Utility Company, LLLP (UTILITY) submitted its application for two (2) separate certificates: one to provide water service and the other to provide wastewater service, to specific geographic service areas in unincorporated Collier County, which areas are described in Attachment "A "; and WHEREAS, after review, Utility Regulation Staff has determined that the applications comply with all minimum filing requirements of Ordinance No. 96 -6, as amended, and complies with all this Board's Supplemental Rules, including legal descriptions of all proposed service areas proposed to be served with the applied -for water and wastewater tariffs; and WHEREAS, after review, the AUTHORITY'S Executive Director established September 20, 2004 as the Official Date of Filing, and providing the requisite notice to UTILITY; and WHEREAS, on October 25, 2004, the AUTHORITY considered UTILITY'S applications and the staff's report thereon regarding the sufficiency of the applications; and 16 Al WHEREAS, after considering all matters regarding UTILITY'S applications for water and wastewater certificates, the AUTHORITY issued its Preliminary Order No. 2004 -01, recommending that the Board of County Commissioners of Collier County (BOARD) grant to this UTILITY two (2) separate certificates to thereby authorize the applying UTILITY to provide both water and wastewater service in the specific applied - for certificated areas in unincorporated Collier County, which areas are more particularly described in Attachment "A "; and WHEREAS, pursuant to Ordinance No. 96 -6, as amended, only this BOARD is authorized to issue these Certificates to utility applicant. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. Upon this Board's consideration of the AUTHORITY'S Preliminary Order, the record and other evidence, Water Certificate No. 06W and Wastewater Certificate No. 09S are hereby issued to the Utility Applicant, Ave Maria Utility Company, LLLP, which respective Certificate is applicable to the respective applied -for certificated service areas, more particularly described in Attachment "A." 2. Water Certificate No. 06W and Wastewater Certificate No. 09S shall remain in full force and effect until suspended, canceled or revoked by Resolution of this BOARD (or by the Florida Public Service Commission if the AUTHORITY'S Chapter 367, Florida Statutes, jurisdiction is ever ceded back to that Commission by this Board). 3. Duplicate originals of Water Certificate No. 06W and Wastewater Certificate No. 09S are attached hereto as Attachment `B." This Resolution adopted this day of , 2004 after motion, second and majority vote favoring adoption. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA by: Deputy Clerk Approved as to form and legal suffici c . Thomas C. Pa6er, Assistant County Attorney DONNA FIALA, CHAIRMAN 16 Al ATTACHMENT "A" Resolution No. 2004- RE: Legal Description of Water and Wastewater Service Area - Ave Maria Utility Company, LLLP Collier County Board of Commissioners v M s W M M Q W N M W M cr W O M Of N Q W to N W rl N Q W tO N Q N T 46 S I T 47 S I T 48 S I T 49 S T50S uNnoo awmue T 51 S I T 52 I T n 'S AIN= 3atla A .w z WU O F5 3 6 R �O F� w N $ H W N 1TuJ $fV F W � 0 f m�8 Gulf o <� a� M wils6umiller 16 Al New Directions In Planning, Design & Engineering DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, 30, AND 33 - AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4, 9,16, 17, AND 18 AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA COMMENCING AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH 89'42'22" EAST 40.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF CAMP KEIAS ROAD (87 RIGHT -OF -WAY) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: 1 11 *ENCE ALONG SAID RIGHT -0F -WAY LINE IN THE FOLLOWING TWENTY FOUR (24) DESCRIBED COURSES; 1) SOUTH 00'15.32" EAST 4936.39 FEET; 2) 395.35 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 3,707.51 FEET THROUGH A CENTRAL ANGLE OF 06'05'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'4723" WEST 395.17 FEET; ' 3) SOUTH 05'50'40' WEST 101.17 FEET; 4) THENCE SOUTH 89'3749" WEST 7.63 FEET; 5) SOUTH 00'14 -32" EAST 73.58 FEET; 6) SOUTH 05.51'27" WEST 224.63 FEET; 7) 403.87 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A CENTRAL ANGLE OF 06'05 -33" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'4521" WEST 403.68 FEET; 8) SOUTH 00'14'33" EAST 1,907.96 FEET; 9) SOUTH 00. 22-10" EAST 2,609.43 FEET; 10) SOUTH 00'3(r10' EAST 2,673.59 FEET; 11) SOUTH 00'35.31" EAST 2,684.14 FEET; 12) SOUTH 00.38 -11" EAST 2,610.47 FEET; 13) SOUTH 00'3('34" EAST 200.03 FEET; 14) 202.91 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,702.95 FEET THROUGH CENTRAL ANGLE OF 04'18'04" AND BEING SUBTENDED BY A CHORD WHICH SEARS SOUTH 02'3936" EAST 202.86 FEET, 15) SOUTH 04.48'38" EAST 400.00 FEET; 16) SOUTH 05'08'04" FAST 95.99 FEET; 17) SOUTH 00'29'16" EAST 101.03 FEET; 18) CONTINUE ALONG SAID LINE SOUTH 00'2916' EAST 1,609.23 FEET; 19) SOUTH 00'59'03' EAST 2,660.06 FEET; 20) SOUTH 00' 5600' EAST 2,246.44 FEET; 21) 104.19 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 461.33 FEET THROUGH A CENTRAL ANGLE OF 12'56'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05. 33'57" WEST 103.97 FEET; 22) SOUTH 12'02'43" WEST 100.00 FEET; 23) 122.31 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 540.00 FEET THROUGH CENTRAL ANGLE OF 12'58'40" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05'3323' WEST 12205 FEET; 24) SOUTH 00'55'58" EAST 49.54 FEET TO THE NORTH RIGHT OF WAY LINE OF OIL WELL ROAD (100' RIGHT OF WAY) THENCE ALONG SAID NORTH RIGHT OF WAY IN THE FOLLOWING EIGHT (8) DESCRIBED COURSES; 1) SOUTH 88'5746" WEST 2,595.92 FEET, 2) SOUTH 88.5434" WEST 2,641.05 FEET; 3) SOUTH 88'5706" WEST 2,570.04 FEET; 4) SOUTH 88'55'37" WEST 2,702.71 FEET; 5) SOUTH 88. 5650" WEST 2,645.03 FEET; 6) SOUTH 88'56'28' WEST 2,639.06 FEET; 7) SOUTH 89'44'55' WEST 2,676.56 FEET; 8) SOUTH 89. 44'33' WEST 0.82 FEET TO THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779- 2796; THENCE ALONG SAID LINE NORTH 01'11'28' WEST 2,637.90 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796; THENCE ALONG SAID LINE NORTH 89'32'26" EAST 1,332.28 FEET TO A NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. BOOK 2009 PAGE 1554 -1558; THENCE ALONG THE NORTH LINE OF SAID LANDS NORTH 89'3226' EAST 360.40 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2943 PAGE 27792796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 01'11'02" WEST 2,688.15 FEET TO THE INTERSECTION WITH SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST, THENCE ALONG SAID LINE SOUTH 89'24'56" WEST 151.63 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE - i Offices strategically located to serve our clients 800.649.4336 Naples/Corporate Office 3200 Bailey Lane, Sulte 200 • Naples, Ronda 34105 & 239 649 4040 • Fax 239.643.5716 wilsonmiller. com �otiarmm -- v.c any- MOM" �7 WilsonMlllmr lnc. — FL Llc.I LC- C000170 m7E6U71 -0 of" I. .. . 16 Al wlsonmillere New Directions In Planning, Design &Engineering DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29,30, AND 33 AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4.9.16.17, AND 18 AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA LANDS DESCRIBED IN O.R. BOOK 2493 PAGE 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00'44'30' WEST 5,387.66 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID SECTION 12; THENCE ALONG SAID NORTH LINE NORTH 89'00'09' EAST 23.81 FEET TO INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00'43'12" WEST 5,312.87 FEET TO THE SOUTH LINE OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST; THENCE ALONG SAID SOUTH LINE SOUTH 89'28'47" WEST 1,591.63 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89'28'47' WEST 2,658.12 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00'12'02" WEST 2,594.56 FEET; THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00'13'09" EAST 2,595.59 FEET TO THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SECTION 36 NORTH 89 -M 8' EAST 2,678.23 FEET; THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION NORTH 89'57'18" EAST 2,678.23 FEET TO THE NORTH EAST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SECTION 30, TOWNSHIP 47 SOUTH, RANGE 29 EAST, NORTH 00'13'04' WEST 2,580.06 FEET, THENCE CONTINUE ALONG SAID WEST LINE OF SAID SECTION 30 NORTH 00'10'45" WEST 2,527.41 FEET TO THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (100' RIGHT OF WAY) THENCE ALONG SAID RIGHT OF WAY LINE FOR THE FOLLOWING NINE (9) DESCRIBED COURSES; 1) SOUTH 89'43'35' EAST 0.74 FEET; 2) NORTH 87'40'12" EAST 2,582.06 FEET. 3) NORTH 87'38'44' EAST 2,630.49 FEET; 4) NORTH 87'41'38" EAST 2,640.92 FEET; 5) NORTH 87'46'05' EAST 2,645.58 FEET; 6) NORTH 69'37'45' EAST 2,687.06 FEET; 7) NORTH 89'39'06' EAST 780.08 FEET; 8) 3,07423 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 1,960.26 FEET THROUGH A CENTRAL ANGLE OF 89'5120" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 44'42'3-' EAST 2,768.73 ; 9) NORTH 00'27'14" WEST 663.14 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT -0F -WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID RIGHT -0F -WAY LINE IN THE FOLLOWING SEVEN (7) DESCRIBED COURSES: 1) SOUTH 89'5624' EAST 266.14 FEET; 2) 722.56 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 460.00 FEET THROUGH A CENTRAL ANGLE OF 89'59'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44'56'23' EAST 650.54 FEET; 3) SOUTH 00'03'36" WEST 600.00 FEET; 4) 529.01 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 760.00 FEET THROUGH CENTRAL ANGLE OF 39'52'53' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 20'00'02" WEST 518.39 FEET; 5) SOUTH 39'56'29" WEST 543.45 FEET; 6) 589.90 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 840.00 FEET THROUGH CENTRAL ANGLE OF 40'14'11' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 19'4924" WEST 577.85 FEET; 7) SOUTH 00'17'42" EAST 60.83 FEET TO THE THE POINT OF BEGINNING. CONTAINING 10805.06 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST HALF OF THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST, <' COLLIER COUNTY, FLORIDA BEING SOUTH 88'54"34" WEST. r REGISTERED NGINEERS AND LAND SURVEYORS CERTIFICATE OF AUTHORI ION # 543. _cs,. , r ;• BY: �L4 i,(� -- --- 10 -10-03 BRADLEY E. STOCKHAM, P.S.M. LS#6390 DATE NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL REF. 4H- 122D-,'�: W.O.: 03786 - 001 -000 -MABS2 DATE: 10 -10-03 ' ' REVISED: 10.14 -03 ,;4 lb"0=00.12W" Vr. M BSTOC*" CNq orlm- 000400- -0 16 Al . ATTACHMENT "B" Resolution No. 2004- RE: Water Certificate No. 06W and Wastewater Certificate No. 09S - Ave Maria Utility Company, LLLP Collier County Board of Commissioners 16 Al . COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CERTIFICATE NO. 106W Upon consideration of the record, it is hereby resolved that authority be and is hereby granted to AVE MARIA UTILITY COMPANY, LLLP Approved as to form and legal sufficiency. VIA- Thomas C. Palmer Assistant County Attorney and f this 16 Al COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CERTIFICATE NO. 09S Upon consideration of the record, it is hereby resolved that authority be and is hereby granted to Approved as to form and legal sufficiency. Thomas C. Palmer Assistant County Attorney COMPANY, LLLP visions of Rules of the w. Resolution 16 Al PRELIMINARY ORDER NO. 2004-01 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY A PRELIMINARY ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO SECTION 1 -3 (A)(1) AND SECTION 1 -4(G) OF COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, RECOMMENDING THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE SEPARATE APPLICATIONS FOR WATER AND WASTEWATER CERTIFICATES SUBMITTED BY AVE MARIA UTILITY COMPANY, LLLP, GRANTING CERTIFICATES FOR THE PROVISION OF WATER AND WASTEWATER SERVICE IN SPECIFIC UNINCORPORATED AREAS OF COLLIER COUNTY; THUS APPROVING THE DESIGNATED SERVICE AREAS; APPROVING PROPOSED TARIFFS WHICH INCLUDE INITIAL RATES, FEES, AND CHARGES, ESTABLISHING A RATE BASE FOR EACH SYSTEM; PROVIDING AN AUTHORIZED RATE OF RETURN FOR EACH SYSTEM; PROVIDING AN EFFECTIVE DATE. WHEREAS, Resolution No. 96 -104 excluded Collier County from the provisions of Chapter 367, Florida Statutes, thereby assuming certain subject matter jurisdiction over non - exempt water and wastewater utilities operating in unincorporated areas of Collier County; and WHEREAS, Ordinance No. 96 -6, as amended, established the Collier County Water and Wastewater Authority (AUTHORITY) and specific powers and duties; and WHEREAS, on August 10, 2004, separate applications for water and wastewater service were filed by Ave Maria Utility Company, LLLP (UTILITY), more particularly described by Staff Report at Attachment "A ", incorporated herein; and WHEREAS, aforesaid applications were accompanied by appropriate application fees of Ten Thousand Dollars for water certificate application and Ten Thousand Dollars for wastewater certificate application; and WHEREAS, on September 20, 2004, Community Development and Environmental Services Division, Operations Department (Utility Regulation Element), Staff established that the aforementioned applications for water and wastewater certificates met the minimum filing requirements pursuant to Ordinance No. 96 -6, as amended; and WHEREAS, on September 27, 2004, Staff notified applicant that September 20, 2004 had been established as the Official Date of Filing for applications for water and wastewater certificates; and 16 Al WHEREAS, on October 25, 2004, at its regular monthly meeting, the AUTHORITY considered the aforesaid applications, the record, Staff report, pertinent testimony of the parties, and comments from the public, as appropriate; and WHEREAS, pursuant to Section 1 -2 (P)(2)(b), Ordinance No. 96 -6, as amended, only the BOARD has final authority for the issuance of franchise certificates. THIS PRELIMINARY ORDER IS THEREFORE ISSUED by the AUTHORITY, in public meeting assembled, that: 1. The AUTHORITY hereby recommends the BOARD approve the applications for water and wastewater certificates filed by UTILITY, Ave Maria. Utility Company, LLLP. 2. The AUTHORITY hereby recommends the BOARD grant UTILITY Water Certificate No. 06W and Wastewater Certificate No. 09S, respectively, for the provision of central water and wastewater service to the service area, more particularly described at Attachment `B" and incorporated herein. 3. The AUTHORITY recommends the aforementioned certificates to be effective upon approval of the BOARD. This Preliminary Order adopted this 25d day of October, 2004, after motion, second and majority vote favoring same. Approved as to form and legal sufficiency. Thomas C. Palmer Assistant County Attorney COLLIER COUNTY WATER AND WASTEWATER AUTHORITY 6?r�_ Fay Bilks, Chairman ATTACHMENT "A" Preliminary Order No. 2004 -1 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY 16 Al I1 To: Chairman, Collier County Water and Wastewater Authority From: D. E. "Bleu" Wallace, Director Date: September 22, 2004 Subject: Authority Agenda Item — October 25, 2004 Public Hearing: Applications for Water and Wastewater Certificates — Ave Maria Utility Company, LLLP RECOMMENDATION: That the Authority consider applications for water and wastewater certificates submitted by Ave Maria Utility Company, LLLP and adopt Preliminary Order No. 2004 -01, recommending Board of County Commissioners approval of the applications and granting of certificates to Ave Maria Utility Company, LLLP.- REQUESTED ACTION: That the Authority review the attached applications and determine that the applications satisfy all requirements pursuant to. Collier County Ordinance No. 96 -6, as amended, and the Supplemental Rules of the Board, supporting adoption of Preliminary Order No. 2004 -01, which contains the Authority's recommendation that the Board of County Commissioners grant the applied for certificates for water and wastewater. REPORT: By transmittal letter dated August 10, 2004, Ave Maria Utility Company, LLLp (AMUC) submitted its applications for (1) water and (2) wastewater certificates. Staff review of the applications confirm that the applications have been prepared pursuant to Section 1 -4 (G)(2), Ordinance No 96 -6, as amended, and Rules 1.5 and 1.7 (4), Supplemental Rules of the Board. The subject applications therefore meet the minimum filing requirements and applicant has filed the required notices of intention to apply for water and wastewater certificates to utility agencies in the vicinity of the Ave Maria project. Those agencies noticed include the Immokalee Water and Sewer District, Orangetree Utilities Company, Inc., anal Collier County Water and Sewer District. No letters of objection to the applications have been received. Official Date of Filing. The Executive Director of the Authority, D. E. `Bleu" Wallace, completed his review of the applications on September 20, 2004, thus finding the applications complete and sufficient for the Authority's review and consideration. The Executive Director has declared September 20, 2004 as the Official Date of Filing and has provided notice to AMUC. Items to be considered by the Authority include the following: • Whether or not the applicant is exempt from regulation. Operations Department Community Development and Environmental Services Division • Aoiity or the appicant to ouua, install, operate, and provide service to the plane, territory. A • Schedules showing all proposed rates, fees, classifications, and charges for service. • Rules, regulations, and written contracts relating to applicant. • Affidavit that the applicant has caused, notice of intention to file application. • Copy of its certificate of incorporation. • Financial statement and inventory of assets, if applicable. • Whether the application conflicts with the County's local comprehensive plan, including all relevant capital improvement programs adopted by the Board. • Applicant shall indemnify and hold harmless the County from any claims, suits, and damages that may result from any exercise of any rights, etc., granted or authorized by the certificate. • Utility shall comply with all then applicable rules, regulations, and standards pertaining to such Utility from all Governmental Agencies having jurisdiction. • That Utility always maintain and keep all improvements in good repair; provide services within a reasonable time to all persons requesting such services within the certificated area. • Provision of fire protection. • Franchise Certificate shall have no monetary value. • Phased schedule of providing service to customers of utility. Pursuant to Section 1 -4 (G)(3)(b), the Authority may consider the applications and issue a Preliminary Order on the applications without a public hearing. The Preliminary Order of the Authority will contain its recommendation to the Board of County Commissioners whether to grant (issue) or deny the applications for certificates. Staff has prepared the attached Preliminary Order No. 2004 -01, recommending the Board grant the applied -for water certificate and wastewater certificate to AMUC. The preliminary order will contain the legal description of the recommended service area and a copy of the recommended water and wastewater tariffs. The following synopsis of the applications is provided: Planned Capacities will be in phases, as follows (Applications — Page 2): Water Phase Ca aci Year Wastewater Phase Ca aci Year Phase I 1.0 MGD 2006 -2008 Phase I .75 MGD 2006 -2008 Phase II 2.0 MGD 2009 -2011 Phase H 1.5 MGD 2009 -2011 Phase III 3.0 MGD 2012 -2014 Phase III 3.0 MGD 2012 -2015 Phase IV 4.0 MGD 2015 -2017 Phase IV 4.5 MGD 2016 - Phase V 5.0 MGD 2018- Projected Equivalent Residential Connections (ERC)(Applications -TAB C): Water ERC's Wastewater ERC's 2006 351.5 351.5 2007 913 913 2008 1,361.8 1,361.8 Increasing to Buildout -2021 11,211.7 11,211.7 Operations Department Community Development and Environmental Services Division 13' rrojectea Kate tsase ana Rate of Return : Projections for Utility Plant in JrvPe, Aa fated Depreciation, Contributions of Aid in Construction (CIAC), Rate Base and Rate of Return are found at TAB F in each application. Income Statement and Rate Design are depicted at TAB G in each application. For Water, the Annual Base Charge per ERC is $263.04 with a Gallonage Charge of $1.58 per 1,000 gallons. For Wastewater, the Annual Base Charge per ERC is $340.32 with a Gallonage Charge of $2.62 per 1,000 gallons. System Capacity Charges are depicted at TAB I in each application. Proposed Tariff for Water and Wastewater are located at TAB J in each application. Initial Rate Study and Rate Design by Guastella Associates, Inc. is found at TAB K in each application. Agreement providing for Utility's continuous use of land is provided at TAB L of each application. . Affidavit Regarding Notice Of Intent to File Application for water and wastewater certificates provided to utility entities providing service in that vicinity of unincorporated Collier County. Operations Department Community Development and Environmental Services Division 14 ATTACHMENT "B" Preliminary Order No. 2004 -1 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY 16 'Al 15 W w O P O rn 00 U M 0_ W O J ¢ iii W aQ W F- a Qw W co Q C� 00 Q! U a v LU J a CO �t 00 0: U 0 O Of w W J Y 0 w J ¢ Z w W Q W� F- a aW W CO) 4 6Z ITS a W �op,O G 9" � 08VA31noo S30VIO1 J3A3 r .ow 00 LO 00 (3 J J J_ N O 0 F5 �yyS WU y) N S N U� S }a� m$ N r� 16 New Directions In Planning Des/gn & Engineering A DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, 30, AND 33 AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4, 9,18,17, AND 18 AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA COMMENCING AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH 89.42'22' EAST 40.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80' RIGHT-OF-WAY) AND THE POINT OF BEGINNING OF THE PARCEL HE, EIN DESCRIBED: , THENCE ALONG SAID RIGHT -0F -WAY LINE IN THE FOLLOWING TWENTY FOUR (24) DESCRIBED COURSES; 1) SOUTH 00'15'32' EAST 4936.39 FEET; 2) 395.35 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 3,707.51 FEET THROUGH A CENTRAL ANGLE OF 06.05'35' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02.4T23' WEST 395.17 FEET; 3) SOUTH 05'5(Y40" WEST 101.17 FEET; 4) THENCE-SOUTH 89`3T49" WEST 7.63 FEET; 5) - SOUTH 00'14'32• EAST 73.58 FEET; 6) SOUTH 05'5127" WEST 224.83 FEET; 7) 403.87 FEET ALONG THE ARC OF NON - TANGENTIAL CIRCULAR CURVE CONCAVE EAST-HAVING A RADIUS OF 3,798.14 FEET THROUGH A CENTRAL ANGLE OF 06'05'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02.45'21' WEST 403.68 FRET; 8) SOUTH 00.14'33' EAST 1,907.96 FEEL- 9) ) SOUTH 00'30'1(' EAST 2,673.59 FFEEt. 11) SOUTH 00.35'31' EAST 2,684.14 FEET; 12) SOUTH 00.38'11' EAST 2,610.47 FEET; 13) SOUTH 00'30'34' EAST100.03 FEET, 14) 20291 FEETALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,70295 FEET 202.86 FEET: 9'3 THROUGH CENTRAL ANGLE OF 04.18'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'36■ EAST I . 15) SOUTH 04.48'38' EAST 400.00 FEET; 16) SOUTH 05'08'04" EAST 95.99 FEET; 17) SOUTH 00'29"16' EAST 101.03 FEET; 18) CONTINUE ALONG SAID LINE SOUTH 00.29'16" EAST 1,60923 FEET; 19) SOUTH 00.59'03' EAST 2,660.06 FEET; 20) . SOUTH 00.56'00' EAST 2,246.44 FEET;. 21) 104.19 FEET ALONG THE ARC OF A NON TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF' 461.33 FEET THROUGH A CENTRAL ANGLE OF 12'56'25' AND BEING SUBTENDED BY CHORD WHICH BEARS SOUTH 05'33'57' WEST 103.97 FEET; 22) SOUTH 12'02'43" WEST 100.00 FEET; 23) 12231 FEET ALONG THE ARC OF CIRCULAR CENTRAL ANGLE OF 12'58' CURVE CONCAVE EAST HAVING A RADIUS OF 540.00 FEET THROUGH Fes; 40' AND BEING SUBTENDED BYA CHORD WHICH BEARS SOUTH OM2r WEST 122.05 . , 24) • SOUTH 00'55'58" EAST 49.54 FEET TO THE NORTH RIGHT OF WAY LINE OF OIL. WELL ROAD (100' RIGHT OF WAY) THENCE ALONG SAID NORTH RIGHT OF WAY IN THE FOLLOWING EIGHT (8) DESCRIBED COURSES; 1) SOUTH 88'57'46" WEST 2495.92 FEET; 2) SOUTH 88'5434" WEST 2,641.05 FEET; 3) SOUTH 88'57'06' WEST 2,570.04 FEET; 4) SOUTH 88'55137' WEST 2,702.71 FEEL- 5) SOUTH 88'56'50'WEST2,645.03 FEET. 6) SOUTH 88'56'26" WEST 2,639.06 FEET; 7) SOUTH 89'44.55" WEST 2,678.56 FEET; 8) SOUTH 89.4433' WEST 0.82 FEEL' TO THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779• 2796; THENCE ALONG SAID LINE NORTH 01'11'28' WEST 2,631.90 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796; THENCE ALONG SAID LINE NORTH 89'3226" EAST 1,33228 FEET TO A NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. BOOK 2009 PAGE 1554 -1558; THENCE ALONG THE NORTH LINE OF SAID LANDS NORTH 89'3226" EAST 360.40 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2943 PAGE 2779.2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 01'11'02" WEST 2,688.15 FEET TO THE INTERSECTION WITH SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST, THENCE ALONG SAID LINE SOUTH 89.2456' WEST 151.63 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE Off/ces strateg/cally located to serve our cllents 890.649.4336 Naples/Corporale Office 3200B311eyLane, Su#8200 • Naples, Florida34105 o 239.649.4040 • Far239.643.5716 wllsonmlllercom 1MWM03.12MM W x071. B4T OMU r"a MIM-WO.W06.0 wilsomm"paAa. — FL Lma, Lc -coon 170 16 Wilsonmiller, 16 Al New Dlrectlons In Planning, Design & Enpineerinp DESCRIPTION OF PART OF SECTIONS 21,22, 27, 28, 29, 30, AND 33 AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4, 9,16,17; AND 18 ! AND ALL OF SECTIONS 5.8.7, AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND ALL OF SECTION 38, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA . LANDS DESCRIBED IN O.R. BOOK 2493 PAGE 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00'44'30' WEST 5,387.66 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID SECTION 12; THENCE ALONG SAID NORTH LINE NORTH 89'00'09' EAST 23.81 FEET TO INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00'43'12" WEST 5,312.87 FEET TO THE SOUTH LINE OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST; THENCE ALONG SAID SOUTH LINE SOUTH 89'28'47" WEST 1,591.83 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89.26'4J' WEST 2,658.12 FEET TO THE SOUTH,'WEST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00'12'02" WEST 2.594.56 FEET, THENCE CONTINUE ALONG THE WEST LINE OF SAID SECT CORNER OF SAID SECTION 36; ION 36 NORTH 00'13'09' EAST 2,595.59 FEET TO THE NORTHWEST THENCE ALONG THE NORTH LINE OF SAID SECTION 36 NORTH 89.5Ti8" FAST 2,678.23 FEET; THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION NORTH 89 "57'18' EAST 2,678.23 FEET TO THE NORTH EAST CORNER OF SAID SECTION 36; THESOUTH, RANGE 29 EAST, CE ALONG THE WEST LINE OF SECTION 30, TOWNSHIP 47 SOU NORTH 00'13'04" WEST2,58b,06 THENCE CONTINUE ALONG SAID WEST LINE OF SAID SECTION 30 NORTH 00.10'45' WEST 2,527.41 FEET TO. THE SOUTH RIG HT 00' OF WAY LINE OF 1MMOKALEE -ROAD (1 RIGHT OF WAY) THENCE ALONG SAID RIGHT OF WAY LINE FOR THE FOLLOWING NINE (9) DESCRIBED COURSES; 1) SOUTH 89.43'35" EAST 0.74 FEET; 2) NORTH 87'40'12' EAST 2,582.06 FEET; 3) NORTH 87.38'44" EAST 2,630.49 FEET; 4) NORTH 87.41'38' EAST 2,640.92 FEET; 5 NORTH 6) NORTH 89'37' EAST 2,687.06 FEET, _ 7) NORTH 89.39'06' EAST 780.08 FEET; 8) 3,07423 FEET ALONG THE ARC OF A NON HAVING CIRCULAR CURVE CONCAVE NORTHWEST HAVtNG.A RADIUS OF NORTH 4426 FEET EAST Z76a. A CENTRAL ANGLE OF 89'5120" AND BEING SUBTENDED BYA CHORD WHICH � BEARS NORTH 44427' EAST 2,768.73 ; 9) NORTH 0(r2714" WEST 663.14 FEET TO THE INTERSECTION WITH THE $OUTH RIGHT F WAY LINE OF SAID Cr4Mp KEIAS ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING SEVEN (7) DESCRIBED COURSES: . 1) SOUTH 89.56'24' EAST 266.14 FEET; 2) 72256 FEET ALONG THE ARC OF A NOWTANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 460.00 FEET THROUGH A CENTRAL ANGLE OF 89'59'S8'AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44'563" EAST 65054 FEET; 3) SOUTH 00.03'36' WEST 600.00 FEET; CENTRAL ANGLE OF 9'S2'533AN BEING SUBTENDED BY A CHORD WHICH SOUTH 20'00'02' WEST 51 THROUGH FEET; 5) SOUTH 3956'29" WEST 543.45 FEET; 6) 589.90 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 840.00 FEET THROUGH CENTRAL ANGLE OF 40'1411' AND BEING SUBTENDED BY CHORD WHICH BEARS SOUTH 19.4974' WEST 577.85 FEET; 7) SOUTH 00'17'42" EAST 60.83 FEET TO THE THE POINT OF BEGINNING. CONTAINING 10805.08 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PEARINGS ARE BASED ON THE WEST HALF OF THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST, ~COWER COUNTY, FLORIDA BEING SOUTH 88.54'34" WEST. ;4 ., WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS CERTIFICATE OF AUTHORI �-ON �3. BY: Ilk RADLEY E. TOCKNA... 0 DA TE •` I '�, I REF VALID 122p LE S BOSSED WITH THE PROFESSIONAL'S SEAL W.O 03786-001 -000 -MABS2 DATE ID-10-03 . +'4' REVISED: 110 -14 -03 1�,0100i}t7iLH Vr. 07LOSrOCg1Ay MM406-070•.0 16 Aj,A BEFORE THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY IN RE: Application of AVE MARIA ) UTILITY COMPANY, LLLP ) -- for an original Water Certificate ) in Collier County, Florida. ) No. APPLICATION FOR ORIGINAL WATER CERTIFICATE -- Ave Maria Utility Company, LLLP ( "Applicant" or "Ave Maria "), pursuant to Collier County ( "Collier ") Ordinance No. 96 -6 and Collier County Water and Wastewater Authority ( "Authority ") Rule 1.7, hereby applies for an original certificate to operate a water utility in Collier -` County, Florida, and submits the following information, in support of its minimum filing requirements: PART I. APPLICANT INFORMATION A. The full name, address and telephone number of Applicant is (Rule 1.7(3)(a)): Ave Maria Utility Company, LLLP 2600 Golden Gate Parkway Naples, FL 34105 (239) 262 -2600 B. The name, address and phone number of the person to contact concerning this -" application is: John R. Jenkins, Esq. Daren L. Shippy, Esq. Rose, Sundstrom & Bentley, LLP 2548 Blairstone Pines Drive Tallahassee, Florida 32301 (850) 877 -6555 (850) 656 -4029 fax p. e -mail: jjenkins @rsbattorneys.com C. Applicant is a Florida limited liability limited partnership created on May 28, 2004. Exhibit "A" is a certified copy of Applicant's Certificate of Active Status. Applicant will begin 16 Al �-A providing water service, subject to the Authority's approval, on or about June 1, 2006. (Rule 1.7(3)(b)) D. The name and address of Applicant's general partner is New Town Management, LLC, 2600 Golden Gate Parkway, Naples, F134105. The agent for the general partner is Paul Marinelli. The Project Manager for Applicant is David Genson, P.E. (Rule 1.7(3)(c)) E. Applicant's fiscal year is the calendar year. (Rule 1.7(3)(d)) PART II. TERRITORY TO BE SERVED A. This is an application for an original certificate; therefore, Applicant has not installed facilities, nor are any under construction. (Rule 1.7(3)(g)(1)) B. There are no existing lines and facilities; therefore, a statement relating the capacity of existing lines and facilities to be installed and constructed is not available. (Rule 1.7(3)(g)(2)) The planned capacities, however, are as follows: Phase MGD Year I 1.0 2006 -2008 II 2.0 2009 -2011 IE 3.0 2012 -2014 IV 4.0 2015 -2017 V 5.0 2018- D. Exhibit "B" is a description of the territory to be served using metes and bounds with township, range and section reference, plus a geographic map of the territory to be served. Although located within the service area, Applicant does not intend to serve areas designated as habitat area, floway area or retention area as part of the Rural Lands Stewardship Area identified in the Land Development Code of Collier County. (Rule 1.7(3)(h)) N 16 A1+' PART III. GENERAL SYSTEM INFORMATION A. The proposed system is a potable water system. B. Applicant intends to provide potable water service within the proposed service area described in Part II, above. l � W)I e 6 C. Applicant's customers will consist of single family homes, multi - family homes, commercial establishments, and the facilities comprising Ave Maria University. Exhibit "C" represents the projected numbers of customers in each such customer class. (Rule 1.7(4)(e)) D. Engineering plans and specifications for the water system are not required to be reviewed or approved by the Florida Department of Health. (Rule 1.7(3)(1)) E. Department of Environmental Protection ( "DEP ") Form 62- 555.900(1), an Application for a Specific Permit to Construct PWS Components, was filed with DEP on June 18, 2004. The expected date of issuance of the proposed water system permit by DEP is August 31, 2004. (Rule 1.7(3)(I)) The first phase of construction will result in a plant size of one (1) mgd. PART IV. FINANCIAL INFORMATION A. Exhibit "D" is a detailed statement (balance sheet) of the financial condition of Applicant showing its assets and liabilities. (Rule 1.7(3)0)) B. Because Applicant is a new entity, it does not have certified financial statements at the time of filing this Application. (Rule 1.7(3)(1)) - C. Exhibit "E" is a statement listing those entities providing the principal funding to the utility, along with their financial statement(s), and copies of any financial agreements between the utility and all such providers. (Rule 1.7(3)(m)) D. Exhibit "F" is a schedule showing the projected cost of the proposed system and the related capacity of such system in equivalent residential connections ( "ERCs ") and gallons per day 3 16 Al ( "gpd "). (Rule 1.7(4)(b)) E. Exhibit "G" is a schedule showing the projected operating expenses of the proposed system by NARUC account numbers expected when 100% of the designed capacity of the system will be utilized by customers. Applicant is using 100 %, as opposed to 80% of design capacity required by Authority rules, because the investment and cost of the Utility's operations during the growth years of the utility can not be supported by the relatively small number of customers being added yearly to the system. Thus, it is more realistic to assess operating expenses and rates based upon 100% of the system's designed capacity, thereby keeping rates at a lower level. See, Exhibit "K." (Rule 1.7(4)(c)) F. Exhibit "H" is a schedule showing the projected capital structure including the methods of financing for the construction and operation of the utility in the initial three (3) years of its development. (Rule 1.7(4)(d)) G. Exhibit "I" is a description of the methods Applicant intends to use to recover it's investment in plant. (Rule 1.7(4)(f)) More specifically, Applicant intends to recover its investment in plant by imposing a one time System Capacity Charge on all new connections, requiring property Contributions -In- Aid -of- Construction( "CIAC "), including local distribution systems from developers within the service area, and recovering depreciation expense through its rates. PART V. RATES AND TARIFFS A. Exhibit "J" is the proposed water tariff containing all rates, and charges, rules and regulations for service to be furnished. (Rule 1.7(3)(f)) B. Exhibit "K" is an Initial Rate Study and Rate Design, dated July 2004, prepared by Guastella Associates, Inc., supporting the rates and charges requested in Part V.A., immediately above. (Rule 1.7(4)(a)) M 16 A1' PART VI. REAL PROPERTY A. Exhibit "L" is the evidence, in the form of an Option Agreement to purchase land, -- that the utility owns or will own the land where the utility plant facilities are to be located or a copy of the agreement which provides for the utility's continuous use of those lands. (Rule 1.7(4)(g)) PART VII. NOTICE OF APPLICATION A. Exhibit "M" is an affidavit reflecting that notice of an Application for Water and Wastewater Certificate, which included the name and address of Applicant and a description of the area to be served, was given by certified mail to the Authority and the governing body of any municipality and any water or sewer utility within a four -mile radius of the proposed service area and such notice was published once each week for two consecutive weeks in a newspaper of general circulation in the territory proposed to be served and that all of the foregoing was done at least 20 days prior to the filing of this Application. PART VIII. DEPOSIT A. The water system proposes to serve over 10,000 persons; therefore, the filing fee submitted herewith is $10,000. (Rule 3.2(2)(d)) PART IX REQUEST FOR OFFICIAL FILING DATE AND PRELIMINARY ORDER A. Applicant hereby requests the Authority establish an Official Date of Filing and issue a Preliminary Order recommending that the Collier County Board of Commissioners ( "Board ") issue a Franchise Certificate to Applicant in accordance with this application. Thereafter, Applicant requests that the Board issue a Franchise Certificate to Applicant. E 16 Al Res ectfully submitted, this day of 2004 Ave Maria Utility Company, LLLP By: New Town Management, LLC its Sole General Partner By: New Town Development, LLLP, its Sole Member , , By: Paul Marinelli, President of Barron Collier Corporation, its Manager 4. J10Jenki Esq. Daren L. Shippy, Esq. Rose, Sundstrom & Bentley, LLP 2548 Blairstone Pines Drive Tallahassee, Florida 32301 (850) 877 -6555 (850) 656 -4029 Fax Attorneys for Applicant 16 Al Schedule of Exhibits Exhibit "A" - Certified copy of Applicant's Certificate of Active Status Exhibit "B" - Metes and bounds description of territory to be served, plus geographic map of territory to be served Exhibit "C" - Projected number of customers in each class of customers Exhibit "D" - Detailed statement (balance sheet) of financial condition of Applicant Exhibit "E" - Statement listing those entities providing principal funding to utility, along with their financial statements and copies of any financial agreements between utility and such entities Exhibit "F" - Schedule showing projected cost of proposed system and related capacity of such system in ERCs and gpd Exhibit "G" - Schedule showing projected operating expenses of proposed system by NARUC account numbers at 100% of design capacity Exhibit "H" - Schedule showing projected capital structure, including methods of financing construction and operation of utility in initial three years of development Exhibit "I" - Description of methods utility intends to recover investment in plant Exhibit "J" - Proposed water tariff Exhibit "K" - Initial Rate Study and Rate Design Exhibit "L" - Evidence that utility owns land where utility plant facilities are to be located or copy of agreement that provides for utility's continuous use of land Exhibit "M" - Affidavit regarding notice of Application for Water and Wastewater Certificate 16 Al EXHIBIT "A" Certified Copy of Applicant's Certificate of Active Status I . #,I.. s ur,i1 �� --� -, 16 Al 1, EXHIBIT "B" Metes and Bounds Description of Territory to be Served, Plus Geographic Map of Territory to Be Served Wils6nMiller Al " New Directions In Planning, Design & Engineering DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, 30, AND 33 - AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4,9, 16, 17, AND 18 AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND -- PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA COMMENCING AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH 89'42'22' EAST 40.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF CAMP KEIAS ROAD (80' RIGHT -OF -WAY) AND THE POINT OF BEGINNING OF THE PARCEL - -• HEREIN DESCRIBED: THENCE ALONG SAID RIGHT -OF -WAY LINE IN THE FOLLOWING TWENTY FOUR (24) DESCRIBED COURSES; 1) SOUTH 00'15'32- EAST 4936.39 FEET; 2) 395.35 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 3,707.51 FEET THROUGH A CENTRAL ANGLE OF 06 °05'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'4T23" WEST 395.17 FEET; 3) SOUTH 05'50'40' WEST 101.17 FEET; 4) THENCE SOUTH 89'3749" WEST 7.63 FEET; 5) SOUTH 00'14'32' EAST 73.58 FEET; 6) SOUTH 05'51'27" WEST 224.83 FEET; 7) 403.87 FEET ALONG THE ARC OF A NOWTANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A CENTRAL ANGLE OF 06 "05'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'45'21" WEST 403.68 FEET; 8) SOUTH 00'14'33" EAST 1,907.96 FEET; 9) SOUTH 00'22'10" EAST 2,609.43 FEET; 10) SOUTH 00. 30'1(" EAST 2,673.59 FEET; 11) SOUTH 00'35'31' EAST 2,684.14 FEET; 12) SOUTH 00. 38'11" EAST 2,610.47 FEET; 13) SOUTH 00'30'34" EAST 200.03 FEET; 14) 202.91 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,702.95 FEET THROUGH CENTRAL ANGLE OF 04'18'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'39'36" EAST 202.86 FEET; 15) SOUTH 04'48'38" EAST 400.00 FEET; 16) SOUTH 05'08'04" FAST 95.99 FEET; 17) SOUTH 00'29'16' EAST 101.03 FEET, 18) CONTINUE ALONG SAID LINE SOUTH 00 "29'16' EAST 1,609.23 FEET; 19) SOUTH 00' 59'03" EAST 2,660.06 FEET; 20) SOUTH 00 °56'00' EAST 2,246.44 FEET; 21) 104.19 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 461.33 FEET THROUGH A CENTRAL ANGLE OF 12 "56'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05'33'57" WEST 103.97 FEET; 22) SOUTH 12'02'43" WEST 100.00 FEET; 23) 122.31 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 540.00 FEET THROUGH CENTRAL ANGLE OF 12 °58'40" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05 °33'23" WEST 122.05 FEET; 24) SOUTH 00 °5558" EAST 49.54 FEET TO THE NORTH RIGHT OF WAY LINE OF OIL WELL ROAD (100' RIGHT OF WAY) THENCE ALONG SAID NORTH RIGHT OF WAY IN THE FOLLOWING EIGHT (8) DESCRIBED COURSES; 1) SOUTH 88 °5746" WEST 2,595.92 FEET; 2) SOUTH 88'54'34" WEST 2,641.05 FEET; 3) SOUTH 88 °57'06" WEST 2,570.04 FEET; 4) SOUTH 88 °55'37" WEST 2,702.71 FEET; 5) SOUTH 88'56'50' WEST 2,645.03 FEET, -- 6) SOUTH 88'56'28' WEST 2,639.06 FEET; 7) SOUTH 89'44'55" WEST 2,676.56 FEET, 8) SOUTH 89 °44'33" WEST 0.82 FEET TO THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779- 2796; THENCE ALONG SAID LINE NORTH 01'11'28" WEST 2,637.90 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796; THENCE ALONG SAID LINE NORTH 89 "32'26" EAST 1,332.28 FEET TO A NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. BOOK 2009 PAGE 1554 -1558; THENCE ALONG THE NORTH LINE OF SAID LANDS NORTH 89'32'26" EAST 360.40 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2943 PAGE 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 01'11'02" WEST 2,688.15 FEET TO THE INTERSECTION WITH SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST, THENCE ALONG SAID LINE SOUTH 89 °24'56" WEST 151.63 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE Offices strategically located to serve our clients 800.649.4336 Naples/Corporate Office 3200 Bailey Lane, Suite 200 • Naples, Florida 34105 • 239.649.4040 • Fax 239.643.5716 wilsonmiller. com 10MM006. 12eW Vac D11- WTOCgiAM CAM WilsonMiller,lnc. — FL L1c.f LC- C000170 0378640600 - -0 16 Ali wilsonmiller, New Directions In Planning, Design & Engineering DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, 30, AND 33 AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4, 9,16,17, AND 18 AND ALL OF SECTIONS 5, 6.7. AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND ALL OF SECTION 38, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA LANDS DESCRIBED IN O.R. BOOK 2493 PAGE 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00'44'30" WEST 5,387.66 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID SECTION 12; THENCE ALONG SAID NORTH LINE NORTH 89'00'09" EAST 23.81 FEET TO INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00'43'12" WEST 5,312.87 FEET TO THE SOUTH LINE OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST; THENCE ALONG SAID SOUTH LINE SOUTH 89'28'47" WEST 1,591.63 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89'2847" WEST 2,658.12 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00'12'02" WEST 2,594.56 FEET; THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00'13'09" EAST 2,595.59 FEET TO THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SECTION 36 NORTH 89'57'18' EAST 2,678.23 FEET; THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION NORTH 8957'18" EAST 2,678.23 FEET TO THE NORTH EAST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SECTION 30, TOWNSHIP 47 SOUTH, RANGE 29 EAST, NORTH 00'13'04" WEST 2,580.06 FEET; THENCE CONTINUE ALONG SAID WEST LINE OF SAID SECTION 30 NORTH 00'10'45" WEST 2,527.41 FEET TO THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (100' RIGHT OF WAY) THENCE ALONG SAID RIGHT OF WAY LINE FOR THE FOLLOWING NINE (9) DESCRIBED COURSES; 1) SOUTH 89'43 -35" EAST 0.74 FEET; 2) NORTH 87'40'12" EAST 2,582.06 FEET; 3) NORTH 87. 38'44" EAST 2,630.49 FEET; 4) NORTH 87'41 -38- EAST 2,640.92 FEET; 5) NORTH 87'46'05" EAST 2,645.58 FEET; 6) NORTH 89 "37'45" EAST 2,687.06 FEET; 7) NORTH 89'39'06" EAST 780.08 FEET; 8) 3,07423 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 1,960.26 FEET THROUGH A CENTRAL ANGLE OF 89'51'20" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 44'42'37 EAST 2,768.73; 9) NORTH 00'27'14' WEST 663.14 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID RIGHT -OF -WAY LINE IN THE FOLLOWING SEVEN (7) DESCRIBED COURSES: 1) SOUTH 89'56'24" EAST 266.14 FEET; 2) 722.56 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 460.00 FEET THROUGH A CENTRAL ANGLE OF 89'5958" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44'5623" EAST 650.54 FEET; 3) SOUTH 00'03'36" WEST 600.00 FEET; 4) 529.01 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 760.00 FEET THROUGH CENTRAL ANGLE OF 39'5253" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 20'00'02" WEST 518.39 FEET; 5) SOUTH 39'56 -29" WEST 543.45 FEET; 6) 589.90 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 840.00 FEET THROUGH CENTRAL ANGLE OF 40'14'11' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 19'49'24" WEST 577.85 FEET; 7) SOUTH 00. 17.42" EAST 60.83 FEET TO THE THE POINT OF BEGINNING. CONTAINING 10805.08 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST HALF OF THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 88'54'34" WEST. WILSONMILLER, INC. e^' REGISTERED ENGINEERS AND LAND SURVEYORS CERTIFICATE OF ALU H RI ;ION -43. r. c BY: AA 10 -10-03 RADLEY E. tTOCKHAM, P.S.M. LS#6390 DATE NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL. '.r 7 REF. 4H -122D- ' W.O : 03786 - 001 - 000 -MABS2 DATE: 10 -10-03 REVISED: 10 -14 -03 imweoos.umu Ve 011- esrO00" c wa anes.aoaooa - 0 16 Al Exhibit "C" Projected Number of Customers in Each Class of Customers 16 Al okD Icoo M o m o m � d y Q 0 O Q O O O m 0 0 m m - S 2 � Ir _ 0 � 80 8 m9`- pVp c 1r 10(0 V 0;0 N 0 OmI N w ��p N n 1 d . 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QU w C_ Q U a �E a O N o ^TO ° NQU N ` N N .°v vl `m m� m c U > Q O w „EE $m =11iLL u oVU '�°�gr5E ." d p1N t`h� =E� €a a �6 �a o m E ..LL z U° mu�'m SuV o,W Z'C >; ,� a a9 °QED ca„ Wm c qq LL C. a — 'm v y o ° .` c o 5� o m '° ° E °m 't c c °c m m o a °1 o c LL m 'c c 0 c U_- K m g ° v t o > o a a u E a t c c m o a Qc' o (� in o c U m: V) O c7 .� ,i U in m U Q¢ ¢' Q Q w 1, , i ¢ O U x 1n U U O LL to U a C7 Q U F Q 16 Al Exhibit "D" Detailed Statement (Balance Sheet) of Financial Condition of Applicant AVE MARIA UTILITY COMPANY, LLLP BALANCE SHEET ASSETS CASH DEVELOPMENT COSTS TOTAL ASSETS LIABILITIES & EQUITY EQUITY NEW TOWN DEVELOPMENT LLLP EQUITY NEW TOWN MGMT EQUITY PRIOR YEARS EQUITY CURRENT YEAR INCOME NET EQUITY TOTAL LIABILITIES & EQUITY 16 Al AS OF Jun -30 -04 1,405,057 594,522 1,999,579 1,998,000 2,000 (103) (319) 1,999,579 1,999, 579 16 Al I AVE MARIA UTILITY COMPANY, LLLP INCOME STATEMENT Jun -30 -04 Y -T -D ACTUAL REVENUE INTEREST INCOME (319) TOTAL REVENUE (319) NET INCOME (LOSS) (319) 16 Al Exhibit "E" Statement Listing Those Entities Providing Principal Funding to Utility, Along with Their Financial Statements and Copies of any Financial Agreements Between Utility and Such Entities 16 Al The entities that will be providing the principal funding to the utility are its general partner, New Town Management, LLC, and its limited partner, New Town Development, LLLP. Their financial statements are attached. There are no written financial agreements between the entities; however, attached is a copy of the partnership agreement for Applicant. It is the stated intent of the general partner to fund utility construction and operating shortfalls in a manner consistent with the capital improvements plan and plan of finance reflected in the Cost Study and materials accompanying this application. 16 Al NEW TOWN MANAGEMENT, LLC BALANCE SHEET AS OF Jun -30 -04 ASSETS CURRENT ASSETS CASH $3,000 TOTAL CURRENT ASSETS 3,000 INVESTMENT IN AVE MARIA UTILITY COMPANY, LLLP 2,000 TOTAL NON - CURRENT ASSETS 2,000 TOTAL ASSETS 5,000 EQUITY NEW TOWN DEVELOPMENT EQUITY 5,000 NET EQUITY 5,000 TOTAL LIABILITIES & EQUITY 5,000 NEW TOWN DEVELOPMENT, LLLP BALANCE SHEET ASSETS CURRENT ASSETS CASH ACCOUNTS RECEIVABLE TOTAL CURRENT ASSETS NON - CURRENT ASSETS DEVELOPMENT COSTS NET PROPERTY, PLANT & EQUIPMENT INVESTMENT IN AVE MARIA UTILITY COMPANY, LLLP INVESTMENT IN NEW TOWN MGMT, LLC TOTAL NON - CURRENT ASSETS TOTAL ASSETS LIABILITIES & EQUITY CURRENT LIABILITIES ACCOUNTS PAYABLE TM TOTAL CURRENT LIABILITIES EQUITY BCAM LLLP EQUITY THOMAS S. MONAGHAN EQUITY NUA BAILE EQUITY BARRON COLLIER CORP EQUITY RETAINED EARNINGS CURRENT YEAR INCOME NET EQUITY TOTAL LIABILITIES & EQUITY AS OF Jun -30 -04 $2,616,454 74,286 2,690,740 5,309,477 5,309,477 1,998,000 5,000 2,003,000 10,003,217 $8 8 4,995,000 4,995,000 5,000 5,000 (114) 3,323 10,003,209 10,003,217 16 Al ° REVENUE INTEREST INCOME TOTALREVENUE NET INCOME (LOSS) NEW TOWN DEVELOPMENT, LLLP INCOME STATEMENT Jun -30 -04 Y -T -D ACTUAL 3,323 3,323 3,323 16 Al :* I LIMITED LIABILITY LIMITED PARTNERSHIP AGREEMENT FOR AVE MARIA UTILITY COMPANY, LLLP a Florida limited liability limited partnership -- {M2112602;1 } 16 Al LIMITED LIABILITY LIMITED PARTNERSHIP AGREEMENT FOR 16 Al AVE MARIA UTILITY COMPANY, LLLP TABLE OF CONTENTS PAGE NO. ARTICLE I ORGANIZATION 1.1 Formation ............................................................................. ..............................1 1.2 Name .................................................................................... ..............................2 1.3 Purposes and Powers ............................................................ ..............................2 1.4 Duration ............................. .................................................. ..............................2 1.5 Principal Place of Business; Registered Office and Resident Agent .................3 1.6 Filing of Additional Certificate(s) as Required ................... ..............................3 1.7 Nature of Partner's Interest .................................................. ..............................3 1.8 Liability of Partnership and Partners ................................... ..............................4 1.9 Scope of Partners' Authority ................................................ ..............................4 ARTICLEII DEFINITIONS ................................................................... ..............................4 ARTICLE III CAPITAL 3.1 Partners' Capital Accounts .......................... .................... ..............................9 3.2 Percentage Interests in Partnership ..................................... .............................11 3.3 Partners' Initlal Capital Contributions .............................. ............................... 3.4 Additional Capital Requirements ........................................ .............................12 3.5 Partner Guaranties ............................................................... .............................12 3.6 Restrictions Relating to Capital ......................................... .............................13 ARTICLE IV ALLOCATIONS OF PROFIT AND LOSS AND DISTRIBUTIONS 4.1 Partners' Shares of Profits .................................................. .............................13 4.2 Partners' Shares of Losses .................................................. .............................14 4.3 Special Allocations ............................................................. .............................14 4.4 Timing and Priority of Distributions ................................... .............................18 {M2112602;1 } 16 Al ARTICLE V MANAGEMENT, POWER, RIGHTS AND DUTIES 5.1 Management by General Partner ........................................ .............................18 .............................30 5.2 Other Activities of the Partners and Affiliates .................... .............................20 .............................30 5.3 Expenses; Reimbursement to the Partners .......................... .............................21 5.4 Restrictions /Limitations on Limited Partner ....................... .............................21 .............................30 5.5 Grant of Authority by Limited Partner ............................... .............................22 ........................30 5.6 ............ ............................... Authority of General Partner ••• ................•........•...23 .............................30 5.7 Necessary Expenses ............................................................ .............................23 .............................30 5.8 Indemnification by Partnership 23 5.9 Bank Accounts ......... ............................... ............................ .............................23 8.9 5.10 Tax Matters Partner ............................................................. .............................23 8.10 5.11 Authority for Execution of Instruments .............................. .............................26 8.11 ARTICLE VI DISSOLUTION AND WINDING UP 6.1 Actions for Partition; Withdrawals; Dissolution ................. .............................26 ARTICLE VII BOOKS, RECORDS AND ACCOUNTING 7.1 Books and Records ............................................................. .............................28 7.2 Accounting .......................................................................... .............................28 7.3 Reports ...................... ......................................................... .............................28 ARTICLE VIIIMISCELLANEOUS PROVISIONS 8.1 Terms ............................... ................................................... .............................30 8.2 Counterparts ........................................................................ .............................30 8.3 Entire Agreement ................................................................ .............................30 8.4 Severability ............................................... ............................... ........................30 8.5 Amendment ......................................................................... .............................30 8.6 Notices .......................... ....................... ............................... .............................30 8.7 Binding Effect ..................................................................... .............................30 8.8 Partners Relationships Among Themselves ........................ .............................31 8.9 Choice of Law ..................................................................... .............................31 8.10 Headings ............................. ................................................ .............................31 8.11 Waiver ................................................................................. .............................31 8.12 Equitable Remedies ............................................................ .............................31 8.13 Attorneys -in -Fact ................................................................ .............................32 8.14 No Third Party Rights Created Hereby ............................... .............................32 8.15 Interpretation ....................................................................... .............................32 {M2112602;1 J ii 16 Al � LIMITED LIABILITY LIMITED PARTNERSHIP AGREEMENT FOR AVE MARIA UTILITY COMPANY, LLLP, a Florida limited liability limited partnership This Agreement (the "Agreement ") is made and entered into on May _, 2004, by and among NEW TOWN MANAGEMENT, LLC, a Florida limited liability company (the "General Partner "), whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, and NEW TOWN __. DEVELOPMENT, LLLP, a Florida limited liability limited partnership (the "Limited Partner "), whose address is 2600 Golden Gate Parkway, Naples, Florida 34105 (the General Partner and the Limited Partner are individually a "Partner" and collectively the "Partners "). RECITALS: WHEREAS, the parties have formed a limited liability limited partnership under Chapter 620 -x of the Florida Statutes to accomplish the purposes described in this Agreement; and WHEREAS, the parties are entering into this Agreement to set forth their respective rights and obligations with respect to each other and such limited liability limited partnership. NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and agreements hereinafter contained, the parties agree as follows: ARTICLE I ORGANIZATION 1.1 Formation. Prior to the execution and delivery of this Agreement, the parties hereto have formed a limited partnership (the "Partnership ") pursuant to the applicable laws of the State of Florida, including the Florida Revised Uniform Limited Partnership Act (Sections 620.101 through 620.205 of the Florida Statutes), all as the same may be amended from time to time (all of such applicable law being hereinafter referred to as the "Act "). The parties have executed and filed a statement of qualification in accordance with Section 620.9001(3) of the Florida Statutes. The Partners acknowledge and agree that the execution of this Agreement conclusively establishes each Partner's �. consent that the Partnership register and qualify as a limited liability limited partnership in accordance with Section 620.187 of the Act. {M2112602;1 } 16 Al 1.2 Name. The name of the Partnership shall be "AVE MARIA UTILITY COMPANY, �- LLLP ". The Partnership may also conduct its business under one or more assumed names if so authorized by the General Partner. 1.3 Purposes and Powers. The Partnership has been organized by the Partners pursuant to the Act and in accordance with this Agreement in order to: (i) acquire all or any part of the Property; (ii) develop, construct, operate and manage a water and sewer utility system thereon and therefrom, either itself or pursuant to agreements with third parties; (iii) engage in the business of furnishing effluent and other water for irrigation purposes; and (iv) engage in any other activities in respect of any Partnership assets as the General Partner shall determine in accordance with the Act or as otherwise set forth in this Agreement. The Partnership shall have all such powers as are necessary or appropriate to carry out its purposes as described in this Section 1.3. 1.4 Duration. The term of the Partnership shall end, and the Partnership shall dissolve, on the first to occur of (i) the occurrence of any event which would, under the Act (notwithstanding the provisions of this Agreement) or under the terms of this Agreement, result in the dissolution of the Partnership; provided, however, that the term of the Partnership shall not end upon the occurrence of such an event if the Partnership is reconstituted or otherwise continues as provided in this Agreement, (ii) December 31, 2042, or (iii) the determination of the General Partner to dissolve the Partnership. No Partner shall have the unilateral right to terminate and dissolve the Partnership prior to the end of _ its term as provided in this Section 1.4. 1.5 Principal Place of Business-, Registered Office and Resident Agent. The principal office and place of business of the Partnership is located at c/o Barron Collier Corporation, 2600 Golden Gate Parkway, Naples, Florida 34105. The Partnership may change the location of its _ principal office to such other place or places as may be determined from time to time by the General Partner. The General Partner shall promptly notify the other Partners of any change in the Partnership's principal office. The Partnership may maintain other offices at other places if the General Partner deems it advisable. The name and address of the registered agent for service of process on the Partnership in the State of Florida shall be Paul J. Marinelli, at 2600 Golden Gate Parkway, Naples, Florida 34105, or such other agent and address as may be designated from time to time by the Partners. {M2112602;1 } 2 16 Al 1.6 Filing of Additional Certificates) as Required. The Partners shall promptly execute and the General Partner shall file and record with the proper offices in each jurisdiction and political subdivision in which the Partnership does business, all certificates required by each applicable limited partnership act, fictitious name act or similar statute. 1.7 Nature of Partner's Interest. Partnership Interests in the Partnership shall be personal property for all purposes. All property owned by the Partnership, whether real or personal, tangible or intangible, shall be deemed to be owned by the Partnership as an entity. No Partner, individually, shall have ownership of such property. The Partners hereby agree that no Partner, nor any successor in interest to any Partner, shall have the right while this Agreement remains in effect to have any Partnership assets partitioned or to file a complaint or institute any proceedings at law or in equity to have such assets partitioned. Each Partner, on behalf of itself, its successors, successors -in- title, and assigns, hereby waive� axiom such right. 1.8 - Liability of Partnership and Partners. nless otherwise provided by law or expressly assumed in writing, no Partner shall be liable for the acts, debts or liabilities of the Partnership. Further, neither the Partnership nor any Partner shall by virtue of executing this Agreement be responsible or liable for any indebtedness or obligation of any other Partner or otherwise relating to the Property incurred or arising either before or after the execution of this Agreement, except as to those joint responsibilities, liabilities, indebtedness, or obligations expressly assumed by the Partnership as of the date hereof or incurred after the date hereof pursuant to and as limited by the terms of this Agreement. Nothing herein contained shall be considered to constitute any Partner as the agent of any other Partner, except as specifically authorized and provided for herein. 1.9 Scope of Partners' Authori ty. Except as otherwise expressly and specifically provided in this Agreement, no Partner shall have any authority to bind or act for, or assume any obligations or responsibility on behalf of, the other Partners. ARTICLE II DEFINITIONS "Accountant" is defined in Section 9.3.2 hereof. "Act" is defined in Section 1.1 hereof. "Additional Contribution" is defined in Section 3.4.3.1 hereof. {M2112602;1 1 3 16 Al "Affiliate" When such term is used with respect to another Person which is a legal entity, it means (a) any Person who directly or indirectly Controls, is Controlled By or is Under Common Control With such other Person, (b) any Person who is a director or officer of, member in or trustee of, or who serves in a similar capacity with respect to, such other Person, or (c) any Person who directly or indirectly is the beneficial owner of 10% or more of any class of Equity Security of such other Person or of the aggregate Beneficial Interest of all beneficial owners of such other Person. When the term "Affiliate" is used with respect to another Person who is an individual, it means (i) any family member of such Person, or (ii) any corporation, partnership, limited liability company, trust or other entity (whether for profit or not for profit) of which such other Person serves as an officer, director, general partner, manager, trustee or in a similar capacity. "Agreement" is defined in the Preamble hereto. "Beneficial Interest" shall mean an interest, whether as partner, joint venturer, member, stockholder, cestui que trust, beneficiary of a trust, or otherwise a contract right or a legal or equitable position under or by which the possessor participates in the economic or other results of the business organization to which such interest, contract right, or position relates. "Book Value" is defined in Section 3.1.5 hereof. _A 'Business Day" shall mean any day except a Saturday, a Sunday, or a legal holiday on which banks are required or permitted to be closed in Florida. "Capital Account" is defined in Section 3.1 hereof. "Capital Contribution" shall mean the initial amount of cash or value of property contributed to the capital of the Partnership by a Partner, increased by any additional contributions of cash or property made to the capital of the Partnership by such Partner in accordance with the provisions of this Agreement. Any reference to the Capital Contribution of a Partner shall include the Capital Contribution made by a predecessor in interest of such Partner. "Capital Requirement" is defined in Section 3.4.1 hereof. {M2112602;11 4 16 Al "Code" shall mean the Internal Revenue Code of 1986, as amended from time to time (or any corresponding provision of succeeding law). "Communication" and "Communications" are defined in Section 11.6.1 hereof. "Control" shall mean (and its correlative terms "Controlled By" and "Under Common Control With ") with respect to any corporation, partnership, limited liability company, trust, or other business organization either (i) possession, directly or indirectly, by the applicable individual or individuals, entity or entities, of the power to direct or cause the direction of the management and policies thereof, whether through the ownership of voting securities, by contract, or otherwise, or (ii) ownership, directly or indirectly, by the applicable individual or individuals, entity or entities, of at least fifty percent (50 %) of the Beneficial Interests therein. "Depreciation" is defined in Section 3.1.5 hereof. f "Equity Security" has the meaning ascribed to it in the Securities Exchange Act of 1934, as amended to the date hereof, and the rules and regulations thereunder (and any successor laws, rules, and regulations of similar import). "Event of Default" is defined in Section 3.4.3 hereof. "Fiscal Year" shall mean (i) the period commencing on the effective date of this Agreement and ending on the following December 31, (ii) any subsequent twelve (12) month period commencing on January 1 and ending on December 31, or (iii) any portion of any period described in clause (ii) for which the Partnership is required to allocate Profits, Losses, and other items of Partnership income, gain, loss or deduction pursuant to Article IV of this Agreement. "General Partner" is defined in the Preamble hereto. "Gross Income" shall mean the income of the Partnership, before deduction of items of expense or deduction, and the net gain from sales of Partnership property. "Limited Partner" is defined in the Preamble hereto. {M2112602;1 } 5 16 Al "Minimum Gain" is defined in Section 4.3.2 hereof. "Net Cash Flow" shall mean the excess of the total cash revenues generated by the Partnership's business operations, properties and other investments over the Partnership's aggregate cash disbursements, including principal and interest payments on indebtedness owing to third parties, taxes, rental payments, operating expenditures, Partnership expenses, payments for the purchase of fixed assets, repairs, replacements, and amounts set aside in the reasonable judgment of the General Partner for restoration and creation of reserves. "Partner Nonrecourse Debt" is defined in Section 4.3.3 hereof. "Partner Nonrecourse Debt Minimum Gain" is defined in Section 4.3.3 hereof. "Partners" is defined in the Preamble hereto. "Partnership" is defined in Section 1.1 hereof. "Partnership Interest" as to each Partner shall mean all of the rights of a Partner in the Partnership and shall include, but not be limited to, a Partner's (i) right to inspect the Partnership's books and records, (ii) right to participate in the management and affairs of, and vote on matters - presented to, the Partnership, (iii) right to share in allocations of Profits and Losses and distributions of Net Cash Flow and other distributions, and (iv) right to act as an agent of the Partnership, as authorized by this Agreement, all as and to the extent provided in this Agreement. "Percentage Interest" shall mean the Partners' respective interests in each item of income, gain, loss, deduction and credit of the Partnership as set forth on Exhibit C hereto. "Person" shall mean an individual, a partnership (general or limited), corporation, limited liability company, joint venture, business trust, cooperative, association, or other form of business organization, whether or not regarded as a legal entity under applicable law, a trust (inter vivos or testamentary), an estate of a deceased, insane, or incompetent Person, a quasi - governmental entity, a government or any agency, authority, political subdivision, or other instrumentality thereof, or any other entity. {M2112602;1 } 31 ib Al "Profits and Losses" means, for each Fiscal Year, an amount equal to the Partnership's taxable income or loss for such year, determined in accordance with Code Section 703(a) (for this purpose, all items of income, gain, loss or deduction required to be stated separately pursuant to Code Section 703(a)(1) shall be included in taxable income or loss), with the following adjustments: (i) any income of the Partnership that is exempt from federal income tax and not otherwise taken into account in computing Profits or Losses shall be added to such taxable income or loss; (ii) any expenditures of the Partnership described in Code Section 705(a)(2)(B) or treated as Code Section 705(a)(2)(B) expenditures pursuant to Treasury Regulations Section 1.704- 1(b)(2)(iv) shall be subtracted from such taxable income or loss; (iii) in lieu of the depreciation, amortization or other cost recovery deductions taken into account in computing such taxable income or loss, there shall be taken into account Depreciation for such Fiscal Year; (iv) gains or losses from the disposition of assets shall be determined by reference to the Book Value of the assets disposed in lieu of any tax gain or tax loss recognized by the Partnership; and (v) items of income, gain, loss, or deduction ( allocated separately pursuant to Section 4.3 hereof shall be excluded from the computation of taxable income or loss. If the Partnership's taxable income or loss for such Fiscal Year, as adjusted in the manner provided above, is a positive amount, such amount shall be the Partnership's Profit for such Fiscal Year, and if negative, such amount shall be the Partnership's Loss for such Fiscal Year. "Project„ means the business of the Partnership generally described in Section 1.3 hereof and more particularly described in Exhibit B hereto. "Property" means that certain real property described in Exhibit A to this Agreement, as amended from time to time. "Proportionate PaMent(s)" is defined in Section 3.5.2 hereof. "Regulations" shall mean the permanent, temporary and proposed regulations of the United State's Department of the Treasury under the Code, as such regulations may be amended from time to time (including corresponding provisions of succeeding regulations). "Regulatory Allocations" is defined in Section 4.3.6 hereof. "Tax Matters Partner" is defined in Section 5.21.1 hereof. {M2112602;1) 7 16 Al ARTICLE III CAPITAL 3.1 Partners' Capital Accounts. A capital account shall be maintained for each Partner, in accordance with the following provisions ( "C vital Account "): 3.1.1 To each Partner's Capital Account there shall be credited such Partner's Capital Contributions, such Partner's distributive share of Profits and any items in the nature of income or gain that are specially allocated pursuant to Article IV hereof, and the amount of any Partnership liabilities assumed by such Partner or which are secured by any property distributed to such Partner. 3.1.2 To each Partner's Capital Account there shall be debited an amount of cash and the agreed upon fair market value of any property distributed to such Partner pursuant to any provisions of this Agreement, such Partner's distributive share of Losses and any items in the nature of expenses or losses that are specially allocated pursuant to Article IV hereof, and the amount of any liabilities of such Partner assumed by the Partnership or which are secured by any property contributed by such Partner to the Partnership. 3.1.3 No interest shall accrue or be paid on any Capital Contribution(s). 3.1.4 It is intended that Capital Accounts be maintained in accordance with the provisions of Regulations Section 1.704 -1(b). 3.1.5 In the event that the Book Values of Partnership assets are adjusted as described below in this Section 3.1.5, the Capital Accounts of all Partners shall be adjusted simultaneously to reflect the aggregate net adjustments as if the Partnership recognized gain or loss for federal income tax purposes equal to the amount of such aggregate net adjustment. For the purpose of this Agreement, the term 'Book Value" means, with respect to any asset, such asset's adjusted basis for federal income tax purposes, except: 3.1.5.1 the initial Book Value of any asset contributed by a Partner to the Partnership shall be the gross fair market value of such asset; {M2112602;1 1 8 16 Al 3.1.5.2 the Book Value of all Partnership assets may be adjusted, as determined by the Partners to be necessary or appropriate to reflect the relative economic interests of the Partners, to equal their respective gross fair market values as of the following times: (1) the acquisition from the Partnership, in exchange for more than a de minimis capital contribution, of a Partnership Interest by an additional Partner or of an additional Partnership Interest by an existing Partner; (2) the distribution by the Partnership to a Partner of more than a de minimis amount of Partnership property (including money) as consideration for an interest in the Partnership; and (3) the liquidation of the Partnership within the meaning of Regulations Section 1.704- 1(b)(2)(ii)(g); 3.1.5.3 if the Book Value of an asset has been determined or adjusted as provided in paragraphs 3.1.5.1 or 3.1.5.2 above, the Book Value of such asset shall thereafter be adjusted by the Depreciation (as defined below) taken into account with respect to such asset for purposes of computing Profits and Losses; and 3.1.5.4 the Book Value of any Partnership asset distributed to any Partner shall be the gross fair market value of such asset on the date of distribution. i For the purpose of this Agreement, "Depreciation" means for each Fiscal Year of the Partnership or other period, an amount equal to the depreciation, amortization, or other cost recovery deduction allowable under the Code with respect to an asset for such year or other period, except that if the Book Value of an asset differs from its adjusted basis for federal income tax purposes at the beginning of such year or other period, Depreciation shall be an amount which bears the same ratio to such beginning Book Value as the federal income tax depreciation, amortization, or other cost recovery deduction for such year or other period bears to such beginning adjusted tax basis; provided, however, that if the federal income tax depreciation, amortization, or other cost recovery deduction for such year is zero, Depreciation shall be determined with reference to such -- beginning Book Value using any reasonable method selected by the Partners. In the event that any provision of this Section 3.1 requires the determination of the fair market value of any asset, such fair market value shall be as determined by the General Partner. If the General Partner cannot agree on the fair market value of the asset, such fair market value shall be - determined in accordance with the provisions of Section 6.1.6 hereof, except that the cost of the appraisal(s) shall be an expense of the Partnership. {M2112602;1 1 9 ib Al 3.2 Percentage Interests In Partnership. The initial Percentage Interests of the Partners are set forth on Exhibit C attached hereto. 3.3 Partners' Initial Capital Contributions. The Partners acknowledge and agree that Exhibit C attached hereto sets forth the initial Capital Contribution which each Partner will make to the Partnership within 15 days after the date of this Agreement. Exhibit C also sets forth what each Partner's Capital Account balance will be as of the making of such Capital Contribution. 3.4 Additional Capital Requirements. 3.4.1 The Partners anticipate that the execution by the Partnership of the Project will require aggregate debt and equity capital of $40,000,000.00. As funds are required by the Partnership in excess of (i) the initial Capital Contributions referred to in Section 3.3, (ii) the proceeds from financing secured by the Property or any portion or portions thereof, and (iii) any other proceeds received by the Partnership, the General Partner shall determine the method or methods by which the Partnership shall obtain the required funds. Such methods may include, without limitation, the making of additional Capital Contributions by the Partners or the borrowing of funds by the Partnership from the Partners or from third -party lenders, provided the Partners acknowledge that an aggregate of $ of such $40,000,000.00 of capital is expected to be in the form of Capital Contributions by the Partners. 3.4.2 If the General Partner decides to call for additional Capital Contributions, each Partner shall, within twenty (20) days thereafter deliver to the General Partner for deposit in the Partnership's bank account an additional Capital Contribution in an amount equal to its pro rata share of the Capital Requirement, determined according to the Percentage Interests of the Partners. 3.5 Partner Guaranties. If guaranties are required in connection with the development, construction and operation of the Project, such guaranties shall be provided in accordance with the provisions of Section 3.5 of the Limited Liability Limited Partnership Agreement for New Town Development, LLLP, dated August 22, 2003. (M2112602;1) 10 16 A 3.6 Restrictions Relating to o Capital. No Partner shall have the right to withdraw or reduce its Capital Contribution, and no Partner shall have the right to a partition of any property owned by the Partnership or to receive property other than cash, if any, in return for its Capital Contribution. ARTICLE IV ALLOCATIONS OF PROFIT AND LOSS AND DISTRIBUTIONS 4.1 Partners' Shares of Profits. After giving effect to the special allocations set forth in Section 4.3 hereof, Profits (and each item thereof) for each Fiscal Year or other period shall be allocated as follows: 4.1.1 First, to the Partners until the aggregate amount of Profits allocated to the Partners pursuant to this Section 4.1.1 for such Fiscal Year and all prior Fiscal Years is equal to the aggregate amount of Losses allocated to the Partners for all prior Fiscal Years pursuant to Section 4.2.1 hereof (in proportion to such amounts); 4.1.2 Second, to the Partners in accordance with the ratio in which any Losses for prior Fiscal Years were allocated pursuant to Section 4.2.2 hereof, until the aggregate amount of Profits allocated pursuant to this Section 4.1.2 for such Fiscal Year and all prior Fiscal Years is equal to the aggregate amount of Losses allocated pursuant to Section 4.2.2 hereof for all prior Fiscal Years; 4.1.3 Thereafter, to the Partners in accordance with their respective Percentage Interests. 4.2 Partners' Shares of Losses. After giving effect to the special allocations set forth in Section 4.3 hereof, Losses (and each item thereof) for each Fiscal Year or other period shall be allocated as follows: 4.2.1 First, to the Partners until the aggregate amount of Losses allocated pursuant to this Section 4.2.1 for such Fiscal Year and all prior Fiscal Years is equal to the aggregate amount of Profits allocated pursuant to Section 4.1.3 hereof for all prior Fiscal Years (in proportion to such amounts); {M2112602;1) 1 1 t 16 Al 4.2.2 Second, to those Partners with positive Capital Account balances (determined by (i) taking into account the adjustments, allocations and distributions described in Regulations Section 1.704- 1(b)(2)(ii)(d)(4), (5) and (6), and (ii) adding to such balances each Partner's share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain), in proportion to, and to the extent of, such Capital Account balances; and 4.2.3 Thereafter, the balance, if any, to the Partners in accordance with their respective Percentage Interests. 4.3 Special Allocations. 4.3.1 Qualified Income Offset. In the event any Partner unexpectedly receives any adjustments, allocations or distributions described in Sections 1.704- 1(b)(2)(ii)(d)(4), 1.704- l(b)(2)(ii)(d)(5) or 1.704- 1(b)(2)(ii)(d)(6) of the Regulations, items of Partnership income and gain shall be specially allocated to such Partner in an amount and manner sufficient to eliminate the w_ Capital Account deficit of the Partner as quickly as possible in accordance with Regulations Section 1.704- 1(b)(2)(i1)(d), provided that an allocation pursuant to this Section 4.3.1 shall be made only if and to the extent that the Partner would have a Capital Account deficit after all other allocations - provided for in this Article IV have been tentatively made as if this Section 4.3.1 were not in the Agreement. 4.3.2 Minimum Gain Char eg back. If, for any Fiscal Year of the Partnership, there is a net decrease in Partnership Minimum Gain (as that term is defined in Regulations Section 1.704- 2(b)(2)), each Partner who has previously been allocated any nonrecourse deductions or received distributions of proceeds attributable to any nonrecourse borrowing of the Partnership in any Fiscal Year of the Partnership, shall be allocated items of Partnership income and gain for the year in which there is a net decrease in Partnership Minimum Gain in proportion to such prior allocations equal to that Partner's share of the net decrease in Partnership Minimum Gain consistently with the requirements of Regulations Section 1.704 -2. The items to be allocated pursuant to this Section 4.3.2 shall be determined in accordance with Regulations Section 1.704 -2(f) and 0). (M2112602;1) 12 16 Al 4.3.3 Partner Minimum Gain Chargeback. In the event that there is a net decrease in Minimum Gain attributable to a Partner Nonrecourse Debt as defined in Regulations Section 1.704- 2(b)(4) (such Minimum Gain being hereinafter referred to as 'Partner Nonrecourse Debt Minimum Gain ") for a Partnership Fiscal Year, then after taking into account allocations pursuant to Section 4.3.2 hereof, but before any other allocations are made for such taxable year, and subject to the exceptions set forth in Regulations Section 1.704- 2(i)(4), each Partner with a share of Partner Nonrecourse Debt Minimum Gain at the beginning of such Partnership Fiscal Year shall be allocated items of income and gain for such Partnership Fiscal Year (and, if necessary, for subsequent Partnership Fiscal Years) equal to such Partner's share of the net decrease in Partner Nonrecourse Debt Minimum Gain as determined in a manner consistent with the provisions of Regulations Section 1.704- 2(g)(2). The items to be allocated pursuant to this Section 4.3.3 shall be determined in accordance with Regulations Section 1.704- 2(i)(4) and 0). 4.3.4 Nonrecourse and Recourse Deductions. If, for any Fiscal Year of the Partnership, the Partnership shall have any losses, deductions, or Code Section 705(a)(2)(B) expenditures attributable to Partnership recourse or nonrecourse liabilities (including nonrecourse liabilities for which a Partner bears the economic risk of loss), such items shall be allocated in accordance with Regulations Section 1.704 -2 and Code Section 752. 4.3.5 Limitation on Deductions. No Partner shall receive an allocation of any Partnership deduction or Loss that would cause such Partner to have a deficit balance in its Capital Account after giving effect to the following adjustments to said Capital Account: said Capital Account shall be credited for any amounts said Partner is deemed to be obligated to restore; and (ii) said Capital Account shall be debited for the items described in Sections 1.704- 1(b)(2)(ii)(d)(4), (5) and (0 of the Regulations. The foregoing is intended to comply with the provisions of Section - 1.704- 1(b)(2)(ii)(d) of the Regulations and shall be interpreted consistently therewith. i {M2]]2602;1) 13 16 Al 4.3.6 Curative Allocations. The allocations set forth in Subsections 4.3.1, 4.3.2, 4.3.3, 4.3.4, and 4.3.5 hereof (the "Regulatory Allocations ") are intended to comply with certain requirements of the Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction pursuant to this Section 4.3.6. Therefore, notwithstanding any other provision of this 4.3 (other than the Regulatory Allocations), the Partnership shall make such offsetting special allocations of Partnership income, gain, loss or deduction so that, after such offsetting allocations are made, each Partner's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would have had if the Regulatory Allocations were not part of the Agreement and all Partnership items were allocated pursuant to Sections 4.1 and 4.2. 4.3.7 Code Section 704(c). Income, gain, loss, and deduction with respect to any property contributed to the capital of the Partnership shall, solely for federal income tax purposes, be allocated among the Partners so as to take account of any variation between the adjusted basis of such property to the Partnership for federal income tax purposes and the initial Book Value of such property, in accordance with -Section 704(c) of the Code and Section 1.704 -3 of the Regulations thereunder. If the Book Value of any Partnership property is adjusted pursuant to Section 3.1.5 -- hereof, subsequent allocations of income, gain, loss, and deduction with respect to such asset shall take account of any variation between the adjusted basis of such asset for federal income tax purposes and the Book Value of such asset in the manner prescribed under Regulations Section 1.704 -3. The "traditional method" set forth in Regulations Section 1.704 -3(b) shall be applied for purposes of this paragraph. 4.3.8 Section 754 Adjustments. In the event of a sale or exchange of a Partner's i Interest or a portion thereof or upon the death of a Partner, if the Partnership has not theretofore elected, pursuant to Section 754 of the Code, to adjust the basis of Partnership property, the Partners shall cause the Partnership to elect, if the Person acquiring such Partnership Interest or portion IM2112602 :1 } 14 -16 Al thereof so requests, pursuant to Section 754 of the Code, to adjust the basis of Partnership property. In addition, in the event of a distribution referred to in Section 734(b) of the Code, if the Partnership has not theretofore elected, the Partners may, in the exercise of their discretion, cause the Partnership to elect, pursuant to Section 754 of the Code, to adjust the basis of Partnership property. Except as provided in Regulations Section 1.704- 1(b)(2)(iv)(m), such adjustment shall not be reflected in the Partners' Capital Accounts and shall be effective solely for federal and (if applicable) state and local income tax purposes. Each Partner hereby agrees to provide the Partnership with all information necessary to give effect to such election. 4.3.9 Miscellaneous. Except as provided in Sections 4.3.7 and 4.3.8 hereof, for federal income tax purposes, each item of income, gain, loss, or deduction shall be allocated among the Partners in the same manner as its correlative item of "book" income, gain, loss, or deduction has been allocated pursuant to Sections 4.1, 4.2, and 4.3 hereof. 4.4 Timing and Priority of Distributions. 4.4.1 Distributions, if any, of Net Cash Flow shall be made to the Partners in accordance with their respective Percentage Interests. 4.4.2 Except as otherwise provided in Section 8.1.4 hereof, distributions other than distributions of Net Cash Flow (such as distributions of financing or sale proceeds) may be made from time to time as determined by the General Partner, and all such other distributions shall be made as follows: 4.4.2.1 first, to those Partners having positive Capital Account balances in proportion to and to the extent of their positive Capital Account balances until they are reduced to zero; and then 4.4.2.2 second, to the Partners in accordance with their respective Percentage Interests. {M2112602;11 15 16 Al ARTICLE V MANAGEMENT, POWER, RIGHTS AND DUTIES 5.1 Mannement by General Partner. The General Partner acting alone shall have full and complete charge of all affairs of the Partnership. The management and control of the Partnership's business shall rest exclusively with the General Partner. The General Partner shall possess all of the powers and rights of a general partner under the Act, including, without limiting the generality of the foregoing, the power, on behalf of the Partnership and in its absolute discretion to: 5.1.1 Acquire the Property and thereafter sell, assign, convey, or otherwise transfer title to all or any portion of the real and personal property and other assets of the Partnership, including any interest in any mortgage, lease, or other interest in real or personal property owned by the Partnership; 5.1.2 Construct or cause the construction of such improvements upon land owned or leased by the Partnership, or in respect of which the Partnership obtains an easement or other interest, and such additions and alterations to existing improvements, as it deems proper; 5.1.3 Lease upon such terms as it deems proper all or any portion of the real or personal property of the Partnership, whether or not the space or facility so leased is to be occupied by the lessee or, in turn, subleased in whole or in part to others; 5.1.4 Borrow money for the Partnership, and, as security therefore, mortgage all or any part of the Partnership's real and personal property and in conjunction therewith execute all necessary papers and documents, including, but not limited to, bonds, notes, mortgages, pledges, security agreements, and confessions of judgment for and on behalf of the Partnership; 5.1.5 Obtain replacements of mortgages of the Partnership's property; 5.1.6 Prepay, in whole or in part, refinance, recast, increase, modify, consolidate, correlate, or extend on such terms as they deem proper any mortgages affecting the real or personal property of the Partnership; {M2112602;1 } 16 16 Al 5.1.7 Place record title to the Partnership's real or personal property in the name or names of a nominee or nominees for the purpose of mortgage financing or any other convenience or benefit to the Partnership; 5.1.8 Employ and engage from time to time persons, firms, and corporations, on such terms and for such compensation as they shall deem proper, to develop, construct, operate and manage the Project, including, without limitation, [CH2M HILL] and accountants and attorneys; 5.1.9 Set aside funds of the Partnership for payment of past, current and future liabilities of the Partnership, including, but not limited to, liabilities of the Partnership to individual Partners; and 5.1.10 Execute, acknowledge, and deliver any and all instruments to effectuate any of the foregoing powers. Neither General Partner shall be liable, responsible or accountable in damages or otherwise to the Limited Partner or the Partnership for any act performed or failure to act by such General Partner in good faith and within the scope of this Agreement unless such act or failure to act is attributable to gross negligence, willful misconduct, fraud or breach of fiduciary duty. 5.2 Other Activities of the Partners and Affiliates. The Partners and their Affiliates may engage in any other ventures or activities in addition to those relating to the Partnership. Neither the Partnership nor any Partner shall have any right by virtue of this Agreement or the Partnership relationship created hereby in or to such other ventures or activities or to the income or proceeds derived therefrom, and the pursuit of such ventures or activities, even if competitive with the business of the Partnership, shall not be deemed wrongful or improper. 5.3 Expenses; Reimbursement to the Partners. Except as otherwise specifically provided in this Agreement, all expenses of the Partnership may be billed directly to, and shall be paid by, the r_ Partnership. The Partners and their Affiliates shall be reimbursed by the Partnership for all out -of- pocket expenses incurred or paid by them on behalf of the Partnership, prior to or after the date hereof, upon submission to the Partnership of documentation substantiating such expenses. {M2112602;1 ; 17 16 Al 5.4 Restrictions /Limitations on Limited Partner. 5.4.1 The Limited Partner shall not take any part in or interfere in any manner with the conduct or control of the business or assets, of the Partnership or the sale, leasing, financing, or refinancing of any of its assets, or have any right or authority to act for or bind the Partnership. The Limited Partner shall have no interest in the properties or assets of any General Partner, or any equity therein, or in any proceeds of any sales thereof (which sales shall not be restricted in any respect), by virtue of acquiring or owning a Partnership Interest. 5.4.2 The Limited Partner shall not be personally liable for the losses of the Partnership in excess of the aggregate amount of capital that it has contributed to the Partnership. 5.4.3 The Limited Partner shall not be personally liable for any obligation of the Partnership. 5.4.4 No salaries shall be paid to the Limited Partner, nor shall the Limited Partner have a drawing account. The Limited Partner shall not be entitled to the return of its Capital Contribution, except to the extent that distributions made pursuant to this Agreement may be considered as such by law and except upon termination of the Partnership as provided in this Agreement. 5.4.5 All communications from the Limited Partner to the Partnership and from the Partnership to Limited Partner, shall be directed to or prepared by (as the case may be) the General Partner at the Partnership's principal office. 5.5 Grant of Authority by Limited Partner. 5.5.1 In addition to all powers of the General Partner otherwise set forth in this Agreement, the Limited Partner irrevocably constitutes and appoints the General Partner its true and lawful attorney, in its name, place, and stead, to make, execute, acknowledge, and file: a Certificate of Limited Partnership and Statement of Qualification under the laws of Florida; any certificate, affidavit, or other instrument that may be required to be filed by the Partnership under the laws of any state, or which the General Partner shall deem it advisable to file; amendments and modifications of the instruments described in the preceding clauses and documents required to effectuate the _._. dissolution and termination of the Partnership. M2112602:11 1 g 16 Al 5.5.2 It is expressly understood and intended by the Limited Partner that the foregoing power of attorney set forth in Section 5.5.1, is coupled with an interest, and that such power of attorney, as well as the other powers of the General Partner set forth in this Agreement, shall survive the delivery of an assignment by the Limited Partner of the whole or any portion of its Partnership Interest, except that where an assignee of such Partnership Interest has been approved by the General Partner as a substituted Limited Partner, then the foregoing power of attorney of the assignor Limited Partner shall survive the delivery of such assignment for the sole purpose of enabling the General Partner to execute, acknowledge, and file any instruments necessary to effectuate such substitution. A power of attorney similar to the power of attorney provided for by Section 5.5.1 shall be one of the instruments that the General Partner may require an assignee of the Limited Partner to execute as a condition of his admission as a substituted Limited Partner. 5.6 Authority of General Partner. The acts of the General Partner shall bind the Partners and the Partnership when within the scope of the General Partner's authority. No person, firm, or corporation dealing with the Partnership shall be required to inquire into the authority of the General Partner to take any action or make any decision hereunder. 5.7 Necessary Expenses. The General Partner, as an entity separate and distinct from the Partnership, shall incur such expenses as are necessary to carry out the business of the Partnership. 5.8 Indemnification by Partnership. The Partnership shall, at its cost and expense, indemnify, defend and hold harmless the Partners and their respective officers, directors, partners, managers and members from and against any liabilities, obligations, claims, demands, losses, damages, lawsuits or other proceedings, judgments and awards, and costs and expenses (including but not limited to attorneys' fees and expenses) arising directly or indirectly, in whole or in part, out of this Agreement or at law. 5.9 Bank Accounts. The bank account or accounts of the Partnership shall be maintained in the banking institution or institutions selected by the General Partner. All funds of the Partnership shall be deposited into account(s) of the Partnership and any and all checks or other instruments used to draw funds of the Partnership shall require the signature of those individuals authorized by the General Partner. W71 INIM-1 s 19 16 Al 5.10 Tax Matters Partner, 5.10.1 As used in this Agreement, "Tax Matters Partner" has the meaning ascribed to "tax matters partner" in Section 6231(a)(7) of the Code. The General Partner is hereby designated Tax Matters Partner for the Partnership. The Tax Matters Partner shall comply with the requirements of Sections 6221 through 6231 of the Code applicable to a Tax Matters Partner. 5.10.2 The Tax Matters Partner shall have a continuing obligation to provide the Internal Revenue Service with sufficient information so that proper notice can be mailed to each Partner as provided in Section 6223 of the Code, provided that each Partner shall furnish the Tax Matters Partner with all such information (including information specified in Section 6230(e) of the Code) as is required with respect to such Partner for such purpose. 5.10.3 The Tax Matters Partner shall keep the other Partner reasonably informed of all administrative and/or judicial proceedings for the adjustment of "partnership items" (as defined in Section 6231(a)(3) of the Code) at the Partnership level. Without limiting the generality of the foregoing sentence, within fifteen (15) days after receiving any written or oral notice of the time and place of a meeting or other administrative or judicial proceeding from the Internal Revenue Service regarding a proceeding (and in any event, within a reasonable time prior to such meeting or proceeding), the Tax Matters Partner shall furnish a copy of such written communication or notice to the other Partner, or inform the other Partner of, the substance of any such oral communication. This obligation of the Tax Matters Partner to inform the other Partner shall not extend to routine and minor events. 5.10.4 Each Partner shall promptly notify the Tax Matters Partner (who shall notify the other Partners) of its treatment of any Partnership item on its federal income tax return which is or may be inconsistent with the treatment of that item on the Partnership's return. In addition, if any Partner intends to file a request for administrative adjustment with the Internal Revenue Service, such Partner shall notify the Tax Matters Partner (who shall notify the other i Partners) of such fact and its terms at least thirty (30) days prior to such filing. rR�i i ��m•i s 20 16 Al ` 5.10.5 If any Partner intends to enter into a settlement agreement with the Secretary of the Treasury (or his authorized delegate) with respect to any Partnership item, such Partner shall notify the Tax Matters Partner (who shall notify the other Partners) of such fact and its terms at least twenty (20) days prior to such settlement agreement and shall notify the Tax Matters Partner (who shall notify the other Partners) of any such settlement agreement and its terms within thirty (30) days after the date of settlement. 5.10.6 If the Tax Matters Partner elects not to file suit under Section 6226 or Section 6228 of the Code concerning an administrative adjustment or request for administrative adjustment and any other Partner elects to file such a suit, such Partner shall notify the Tax Matters Partner (who shall notify the other Partners) of such intention, and the forum or forums in which such suit shall be filed shall be determined by such Partner. 5.10.7 Without the approval of the other Partner, the Tax Matters Partner shall not extend the statute of limitations with respect to the Partnership, file a request for administrative adjustment, file suit concerning any tax refund or deficiency relating to any Partnership ( administrative adjustment, enter into any settlement agreement relating to any Partnership adjustment, or enter into any settlement agreement relating to any item of income, gain, loss, deduction or credit for any Fiscal Year of the Partnership. - 5.10.8 Each Partner shall be entitled to participate in all administrative proceedings with the Internal Revenue Service, as provided in Section 6224(a) of the Code. 5.10.9 The obligations imposed on the Tax Matters Partner and the participation rights afforded the other Partner by this Section 5.21 and the Code may not be restricted or limited in any fashion by the Tax Matters Partner without the written consent of the other Partner. 5.10.10 The Tax Matters Partner shall be responsible for representing the Partnership in all dealings with any state, local, or foreign tax authority, subject to the requirement that the provisions_ of this Section 5.21 shall apply with equal force to all dealings with any such tax authority. 5.11 Authority for Execution of Instruments. Unless otherwise expressly required by this Agreement, contracts of the Partnership, promissory notes, deeds of trust, mortgages, and other evidences of indebtedness of the Partnership, and other Partnership instruments or documents, may be executed, signed or endorsed by the General Partner alone. 21 `16A ARTICLE VI DISSOLUTION AND WINDING UP 6.1 Actions for Partition, Dissolution. 6.1.1 Waiver of Partition. No Partner shall, either directly or indirectly, take any action to require partition of any Partnership asset, and notwithstanding any provisions of applicable law to the contrary, each Partner irrevocably waives any and all rights it may have to maintain any action for partition or to compel any sale with respect to its interest in the Partnership or with respect to the Partnership or any other Partnership asset, except as expressly provided in this Agreement. 6.1.2 Covenant Not to Withdraw or Dissolve. No Partner shall (i) take any action to file a certificate of dissolution or its equivalent with respect to itself, (ii) take any action that would cause a bankruptcy of such Partner, (iii) withdraw or attempt to withdraw from the Partnership, (iv) exercise any power under the Act to dissolve the Partnership, (v) transfer all or any portion of its Partnership Interest in the Partnership (other than pursuant to the terms and provisions of this Agreement), (vi) petition for judicial dissolution of the Partnership, or (vii) demand a return of such Partner's contribution or profits (or a bond or other security for the return of such contributions or profits) without the consent of the other Partner or except as otherwise specifically permitted in this Agreement. 6.1.3 Dissolution. The Partnership shall dissolve and its affairs shall be wound up on the first to occur of the events specified in Section 1.4 hereof. 6.1.4 Distribution on Liquidation. Upon the dissolution of the Partnership, the General Partner shall proceed to liquidate the assets of the Partnership, wind up its affairs, and apply and distribute the proceeds in the following order of priority: 6.1.4.1 to the payment of any debts and liabilities of the Partnership; W2112602;11 22 16 Al 6.1.4.2 to the establishment of any reserves which the General Partner deems necessary to provide for any debts or liabilities of the Partnership. At the expiration of a reasonable period of time as the General Partner deems advisable, the balance of such reserve funds remaining after payment of any such debts, liabilities or contingencies, shall be distributed to the Partners in proportion to and to the extent of their positive Capital Account balances. For this purpose, the determination of the Partners' Capital Account balances shall be made after adjustment to reflect the allocation of all Profits, Losses, and items in the nature of income, gain, expense, or loss under Sections 4.1, 4.2, and 4.3 hereof, and all distributions to the Partners pursuant to Section 4.4 hereof, in each case for all Partnership Fiscal Years through and including the Partnership Fiscal Year of liquidation. 6.1.5 Timing. A reasonable time shall be allowed for the orderly liquidation of the Partnership's assets and the payment of its liabilities so as to enable the Partnership to minimize the normal losses attendant upon liquidation. To the extent the Partnership's assets cannot be sold without undue loss or cannot be readily divided for distribution in kind to the Partners, then the Partnership may, as determined by the General Partner, convey those assets to a trust or other suitable holding entity established for the benefit of the Partners in order to permit the assets to be sold without undue loss and the proceeds thereof distributed to the Partners at a future date. The legal form of the holding entity, the identity of the trustee or other fiduciary, and the terms of its governing instrument shall be determined by the General Partner. The provisions of Article IV relating to the allocation of Profits and Losses, and items thereof, of the Partnership shall be applicable during the period of liquidation. ARTICLE VII BOOKS RECORDS AND ACCOUNTING 7.1 Books and Records. The Partnership shall maintain complete and accurate books and records of the Partnership's business and affairs as required by the Act, including a list of the names and addresses of all Partners. Such books and records shall be kept at the Partnership's principal {M2112602;1) 23 16 Al place of business. The list of the names and addresses of all Partners shall be available to any Partner or its designated representative. All Partners and their designated representatives shall have the right to inspect the Partnership's books and records at any reasonable time upon reasonable notice. 7.2 Accounting. The Partnership shall maintain proper books and records in accordance with generally accepted accounting principles consistent with its reporting for federal income tax purposes. The Fiscal Year and taxable year of the Partnership shall be the calendar year. 7.3 Reports. 7.3.1 The General Partner shall prepare a balance sheet and income statement of the Partnership as of the last day of each month. Each balance sheet and income statement shall be prepared in accordance with generally accepted accounting principles and shall be certified to be true and correct to the best of the General Partner's knowledge and belief. Copies shall be furnished to the other Partner within thirty (30) days after the end of each month. An annual balance sheet of the Partnership, an annual income statement and an annual statement of cash flow (unaudited) shall be furnished by the General Partner to each Partner within ninety (90) days after the close of the Fiscal Year. 7.3.2 The independent certified public accounting firm to review the books and records of the Partnership will be KPMG Peat Marwick (the "Accountant "). At the request of the General Partner, the Partnership shall, at the Partnership's expense, engage the Accountant. The Accountant shall upon the request of the General Partner (a) audit the records and accounts of the Partnership, (b) render their opinion on the statement of financial condition of the Partnership as of the end of the last Fiscal Year through the latest month, and of the results of its operations, the changes in its financial condition and its income for each Fiscal Year and to date, as prepared by the General Partner, and (c) render their opinion on the annual computations of cash flow for each Fiscal Year made by the General Partner and as to whether distributions thereof are in accordance with this Agreement. {M2112602;1 } 24 16 Al 7.3.3 Each Partner shall furnish to the Partnership in a timely manner such information as the Partnership may require to comply with its tax or other reporting requirements under federal, state or foreign law. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Terms. Nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular and plural, as the identity of the Person or Persons may in the context require. 8.2 Counterparts. This Agreement may be executed in several counterparts, each of which will be deemed an original but all of which will constitute one and the same document. 8.3 Entire Agreement. This Agreement supersedes any and all other prior agreements, either oral or written, among the parties with respect to the subject matter hereof. 8.4 Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.5 Amendment. This Agreement may be amended at any time only by a written agreement executed by both Partners. No change or modification to this Agreement shall be valid unless in writing and signed by both Partners. 8.6 Notices. -° 8.6.1 Any and all notices, consents, offers, elections, and other communications required or permitted under this Agreement shall be deemed properly given only if in writing. 8.7 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of -- the Partners, and their respective permitted successors and assigns. Wherever in this Agreement a reference to any Partner is made, such reference shall be deemed to include a reference to the permitted successors and assigns of such Partner. {M2112602;11 25 16 Al 8.8 Partners Relationships Among Themselves. Nothing in this Agreement shall be interpreted or construed to constitute any Partner the agent of any other Partner, except as expressly provided in this Agreement. 8.9 Choice of Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida, irrespective of its conflict of laws principles. 8.10 Headings. The titles of the Articles and Sections have been inserted as a matter of convenience for reference only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement. 8.11 Waiver. No consent or waiver, express or implied, by a Partner to or of any breach or default by another Partner in the performance by such other Partner of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other Partner of the same or any other obligation of such Partner hereunder. A consent or waiver by a Partner to any breach or default by another Partner under this Agreement shall i be effective only if in writing and signed by the Partner against whom enforcement of the consent or waiver is sought. Failure on the part of a Partner to object to any act or failure to act of another Partner or to declare another Partner in default, irrespective of how long such failure continues, shall not constitute a waiver by such Partner of its rights hereunder. 8.12 Equitable Remedies. Except as otherwise provided in this Agreement, the rights and remedies of the Partners hereunder shall not be mutually exclusive, i.e., the exercise of a right or remedy under any given provision hereof shall not preclude or impair exercise of any other right or remedy hereunder. Each of the Partners confirms that damages at law may not always be an adequate remedy for a breach or threatened breach of this Agreement and agrees that, in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be enforceable by specific performance, injunction, or other equitable remedy, but nothing herein contained is intended to, nor shall it, limit or affect any rights at law or by statute or otherwise of any party aggrieved as against the other for a breach or threatened breach of any provision hereof. JM2112602;1) 26 16 Al 8.13 Attorneys -in -Fact. Any Partner may execute a document or instrument or take any action required or permitted to be executed or taken under the terms of this Agreement by and through an attorney -in -fact duly appointed for such purpose (or for purposes including such purpose) under the terms of a written power of attorney (including any power of attorney granted herein). 8.14 No Third Party Rights Created Hereby. The provisions of this Agreement are solely for the purpose of defining the interests of the Partners, inter se; and no other Person (i.e., a party who is not a signatory hereto or a permitted successor to such signatory hereto) shall have any right, power, title, or interest by way of subrogation or otherwise, in and to the rights, powers, titles and provisions of this Agreement. 8.15 Interpretation. This Agreement shall, unless otherwise specified herein, be subject to the following rules of interpretation: (a) the singular includes the plural and the plural the singular; (b) words importing any gender include the other genders; (c) references to persons or entities include their permitted successors and assigns; (d) words and terms which include a number of constituent parts, things or elements, shall be construed as referring separately to each constituent part, thing or element thereof, as well as to all of such constituent parts, things or elements as a whole; (e) references to statutes are to be construed as including all rules and regulations adopted pursuant to the statute referred - to and all statutory provisions consolidating, amending or replacing the statute - referred to; (f) references to agreements and other contractual instruments shall be deemed to include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms; (g) the words "approve" or "consent" or "agree" or derivations of said words or words of similar import mean, unless otherwise expressly provided herein or therein, the prior approval, consent, or agreement in writing of the person holding the right to approve, consent or agree with respect to the matter in question, and the words "require" or "judgment" or "satisfy" or derivations of said words or words of similar import mean the requirement, judgment or satisfaction of the person who may make a requirement or exercise judgment or who must be satisfied; (h) the words "include" or "including" or words of similar import shall be deemed to be followed by the words "without limitation "; (i) the words "hereto" or "hereby" or "herein" or "hereof' or "hereunder," or words of similar import, refer to this Agreement in its entirety; 0) references to sections, articles, paragraphs or clauses are to the sections, articles, paragraphs or clauses of this Agreement; and (k) numberings and headings of sections, articles, paragraphs and clauses are inserted as a matter of convenience only and shall not affect the construction of this Agreement. [Signatures are on the next page] {M2112602;1 1 27 16 Al IN WITNESS WHEREOF, the parties hereto make and execute this Agreement to be effective on the date first above written. GENERAL PARTNER: NEW TOWN MANAGEMENT, LLC By: New Town Development, LLLP, its sole member By: Barron Collier Corporation By: Paul J. Marinelli, President By: Nua Baile, LLC By: Thomas S. Monaghan, Manager LIMITED PARTNER: NEW TOWN DEVELOPMENT, LLLP By: Barron Collier Corporation, General Partner By: Paul J. Marinelli, President By: Nua Baile, LLC, General Partner By: Thomas S. Monaghan, Manager JM2112602;11 28 EXHIBITS Exhibit A Legal Description of Property Exhibit B Description of Project Exhibit C Percentage Interest {M2112602;1 } III 16 Al EXHIBIT A Legal Description of Property Initial Capital Partner Contribution General Partner $ Limited Partner $ {M2112602;1 ) EXHIBIT B Description of Project EXHIBIT C Percentage Interest Initial Percentage Interest .10% 99.90% 16 Al Initial Capital Account Balance 16 Al Exhibit "F" Schedule Showing Projected Cost of Proposed System and Related Capacity of Such System in ERCs and GPD 16 A I , Ave Maria Utility Company, LLLP Schedule 4 WATER Rate Base Reference Water Plant in Service Accumulated Depreciation Contributions in Aid of Constr. Amortization of CIAC Net Plant Working Capital (1 /8th O &M) Unamort. Bal. -Rate Case Exp Rate Base Net Operating Income Rate of Return Sch 4A, WP W1 to W7 $62,631,075 Sch 48 (12,244,768) Sch 4C, 7 (39,477,214) Sch 4D 6,026,627 16,935,720 263,788 30,000 $17,229,508 Sch 1, 5 $1,486,045 Sch 5 8.625% M NCn N00Q mD 000 u "1 cn 00O °000 0o OOOOpOQOO Q 000000 3 W M �(1 �NN aD N N N m Q ON m OOOMO N ONQ Q N N �nO V1 W N r O M N N N N 0 N H m lm+l o moo m NN O.- N O o O o o 00 Q 0000 Oo '- _ mo <°o v �i v m r ° u� o 0 o �+ a cn vS z'j �j cD vi o ui vS r m Oi N m o M r m 719 M cc O ` M m N CQ'1 N tMD W (D r tm0 N° m m 0 O M O p M ° 0 ( ry�pp M 0 trDmrO O O m Q o Nro cO�m�m m N M N N e ry ° 0p p cc 0 cc o D O O 0 0 O Cl O� O W O °m uiON m W N pro !] rrivm o uio m m O O O �p OMi N O Q N O m 0° M. W r ...« r ( Np r R, 8 N O N N O O Q r m Q m o o pp ° 0 p O O M O m N r �j O Q u1 N m m o m M m r N. m m N m p o pp m W M (O (D m m W O N N a c i o N m N M O Q e N m r N M m M N m M m •- N O N O N r m O m M ' O O O O$ g O N Q M O N � N�pp G r�pp uj m m m M Q M m Q M M r r' m 0 M O N W w- MM O o N M O N" W O N M .- Q N NlA HfA N N N N f9 W NMe cnQmcnoom m0000mrQ ° m Q o �r mM N Q N Q O r c�cnrm omr m m r m M o p Q M m e O m m r N N N O N m Q O Q Q m 0 O m m N m 0 M N �n NN N N m O m m M O M, N N u'1 Q M N M N N O M O {p O W ° N N M m M m n O Grp LL] m N W r M Oi m W m m r m ow M W N N N N M m Q N m m a m f Q N N o Q M m W ry m M O r W O Q O O Q tD N c0 O m r ° ° coo ° 0 0 7 0 N mQ O mm Q u1 NN ` �m Mm0 oM N�11 MQ °gyp coq o M O O c0 m m - W W N Q m N M Q r mrM cnN O MN �1 O N V 1 tD r W „ N Mrm rcnmr M 'DmQN� m am e Q N QN M N m Q M N W N M O O Q uj m M M Q m Q N m m Q m cn N f m N N �D e r 0 W r O Q Q m m m O r r m N N r m� Q Ory ry m N O Q r r m Q O M Q m N a 0 N Q O Q N Q O r U 0 N o Q M h m 0 0 Ul O m -o O N •- r n o Q O Q m r m W m N j W m 0 M O N m O Q Q a D m M Q W M C V N N W N r N m "N N m m M M O nj M N H M Q0 rMU'imMOm ryOr�OQm `� oOo 000 W M M N mQ O N mm�n r 00 N Q N m M O o Q OON M O O O m O Q Q Q M m r u1 N O m 4l N Q o N m Q o N to N m N N r m d QNi 10� .- O N M '-° MrM M m m cn c�mmcno M m r o ooWU�omm Q e r m m m WO r N Q m N M W m O N m N M W N m O p M - O O N Q O O � a e' W m f 8 rm m I° o °rn r N m r0 r m ry Q m N M tD m O r Q M N O N ON M O_ O mv o M m � N cn r r a N N m m M M N M m O O M N o O O N Q O O M M N o 0 0 0 0 0 0 O cc O N m m m N N O N O .- .- .- cD S o O o O m o O ch m O r O N U) m J 6 ry N M m� W N U w w c E w o o t E u) E . ...... a °- Y 01 J N w V O W d> W c 2 p N W �Dp ry d Lu W 7E y m a t m n m E oe=a xac m Ew E W xw m EEw Z V 'a m U o Z 2 ii E m c .5-,g E E m c� .a E_ IL v c c w > S c w m a a °'S 8 o 0- v'� w w c a c y m �_ m in v n v D; W m d c y d 'c a m to co w d w a E w v° v W a c > w ? o n m w m ° n c o Ea 10 w m° n O w m c a o m ¢ LL .� 'm .� o u °mrn '�' '—° 'E 'm '9 a `w u d .� Z' c F_ D o m a c m c m c a w m m a O g c o-L a'c c c w O D. > r o-L a'c c O t- m 10 c o a i. y o u a N t m LL °a cn E m F m w n. w W ° E a� 3 u a 3 a oe o iy o o 2,oD, En Lu 3= i m mom o 0 0c - c�n' ro cL cE o 00` ) ¢ "N Q Q e Q Q Q i[l lD N N N N m N u'1 N M W W N N N cn i W W H Z 0 0 Q IQ") M M tm+l N 0 0 M M O N M Q N m r m Q e Q Q e Q Q Q Q M M M M M M M M M O e N M e cn m r m Q Q Q e Q Q Q Q M M M M M M M M M ¢ M M M M M M ¢ � a 16 Al , Exhibit "G" Schedule Showing Projected Operating Expenses of Proposed System by NAR UC Account Numbers at 100% of Design Capacity 16 Al Ave Maria Utility Company, LLLP Schedule 1 WATER Income Statement - Complete System -. Reference Water Operating Revenues Sch 2, 2A, 6 $4,985,107 O &M Expenses Sch 3 2,110,303 Depreciation Sch 3, 4B &4D 838,906 i Payroll Taxes Sch 3 22,135 Property Taxes Sch 3 403,090 Regulatory Assessment Tax Sch 3 124,628 Federal and State Income Tax 0 Net Operating Income Sch 5 $1,486,045 Interest Expense Sch 5 710,717 Net Income Sch 5 $775,328 Rate Base Sch 4 $17,229,508 Rate of Return Sch 5 8.625% Ave Maria Utility Company, LLLP 0 Facility Gallonage Cost Cost WATER 141,889 30,000 Rate Design 45,404 45,404 0 Base 0 433,579 Test Facility Gallonage 249,124 Year Charge Charge 601 Salaries and Wages $3,778 } 50% 50% 603 Officers Salaries 6b,000 50% 50% 604 Pension & Benefits 90,809 50% 50% 610 Purchased Water �- 0 0 100% 615 Purchased Power 433,579 6,442 100% 616 Fuel for Power 0 0 100% 618 Chemicals 249,124 0 100% 620 Materials and Supplies 219,209 50% 50% 631 Contract Service -Engr 5,000 50% 50% 632 Contract Service -Acctg 5,000 50% 50% 633 Contract Service -Legal 10,000 50% 50% 634 Contract Service -Mgmt 270,374 50% 50% 635 Contract Service- Testing 7,432 50% 50% 636 Contract Service- Others 269,541 50% 50% Contract Service -Bkkg. Etc 105,231 50% 50% 641 Rental of Bldgs /Property 0 100% 642 Rental of Equipment 36 100% 650 Transportation Expense 12,883 50% 50% 656 Insurance- Vehicles 3,500 100% 657 Insurance- Liability 14,686 100% 658 Insurance - Workers Comp. 20,206 100% 659 Insurance-Others 0 100% 660 Advertising 80 50% 50% 666 Rate Case Expense 15,000 50% 50% 667 Reg. Commission Exp 2,500 50% 50% 670 Bad Debt Expense 21,002 50% 50% 675 Miscellaneous Expense 11,334 50% 50% TOTAL O &M EXPENSE 2,110,303 403 Depreciation 838,906 100% 407 Amortization 0 100% TOTAL DEPREC. & AMORT. 838,906 408 Payroll Taxes 22,135 100% 408 Property Taxes 403,090 100% 408 Regulatory Assessment Tax 124,628 59% 41% TOTAL TAXES, OTHER 549,853 409 Federal and State Income Tax 0 0% 100% TOTAL INCOME TAXES 0 RETURN ON INVESTMENT 1,486,045 59% 41% TOTAL REVENUE REQUIREMENT $4,985,107 16 Al ' Schedule 2 Base 0 Facility Gallonage Cost Cost 141,889 141,889 30,000 30,000 45,404 45,404 0 0 0 433,579 0 0 0 249,124 109,604 109,604 2,500 2,500 2,500 2,500 5,000 5,000 135,187 135,187 3,716 3,716 134,771 134,771 52,616 52,616 0 0 36 0 6,442 6,442 3,500 0 14,686 0 20,206 0 0 0 40 40 7,500 7,500 1,250 1,250 10,501 10,501 5,667 5,667 733,014 1,377,289 838,906 0 0 0 838,906 0 22,135 0 403,090 0 73,530 51,097 498,755 51,097 0 0 0 0 876,767 609,278 $2,947,443 $2,037,665 59.00% 41.00% Annual Base Charge Per ERC 11,230.7 Meter Equivalent (ERCs) $263.04 Gallonage Charge Per 1,000 Gals. 1,285,693.9 tg $1.58 16 Al Exhibit "H" Schedule Showing Capital Structure, Including Methods of Financing Construction and Operation of Utility in Initial Three Years of Development 16 Al Applicant anticipates that the combined waste and wastewater facilities will require aggregate debt and equity capital of approximately $40,000,000.00. As funds are required by the utility in excess of (i) the initial capital contributions required under Applicant's partnership agreement, (ii) proceeds from financing secured by the real estate described in the partnership agreement and (iii) any other proceeds received by Applicant, the general partner will determine the - method(s) by which Applicant will obtain the necessary funds. Such methods may include additional capital contributions or borrowing funds from Applicant's partners or third -party lenders. Ave Maria Utility Company, LLLP Long -Term Debt Common Equity Total 6 .- Schedule 6 WATER Capital Structure Weighted Return Amount Ratio Cost Rate Cost Requirement $9,476,229 55.0% 7.5% 4.125% $710,717 $7,753,279 45.0% 10.0% 4.500% $775,328 $17,229,508 100.0% 8.625% $1,486,045 16 Al d Exhibit "I" Description of Methods Utility Intends to Recover Investment in Plant 16 Al Applicant intends to recover its investment in plant by imposing a System Capacity Charge, requiring Contributions -In- Aid -of- Construction( "CIAC ") and recovering depreciation expense -- through its rates. Attached is a System Capacity Charge Analysis with respect to the investment in plant. A more detailed analysis with respect to CIAC and depreciation is set forth in the cost study attached as Exhibit "K." 16 Al Ave Maria Utility Company, LLLP Schedule 7 WATER System Capacity Charge Analysis A Gross Plant $62,631,075 B Land 162,800 C Depreciable Assets (A -B) 62,468,275 D Accumulated Depreciation to Date 0 E Accumulated Depreciation at Design Capacity 12,244,768 F Net Plant at Design Capacity, includes Land (A -E) 50,386,307 G Transmission and Distribution Mains 25,562,792 H Minimum Level of CIAC (G /A) 40.81% I CIAC to Date 0 J Accumulated Amortization of CIAC to Date 0 -" K Future Customers (ERCs) to be Connected 12,808.9 L Number of Years to Design Capacity 16 - M Existing System Capacity Charges per ERC $0.00 N Level of CIAC at Design Capacity (M /F) 0% O Requested CIAC at Design Capacity $39,477,214 P Accumulated Amortization of CIAC at Design Capacity $6,026,627 Q Net CIAC (O -P) $33,450,587 R Net Plant at Design Capacity, includes Land (A -E) $50,386,307 S Level of CIAC at Design Capacity (Q /R) 66.39% T Total System Capacity Cost per ERC (O /K) $3,082.01 U Maximum Level of CIAC (Rule 25- 30.580, Fla Adm Code) 75.00% CIAC Summary: Cash CIAC per ERC $543.07 ERCs at Completion 12,808.9 Total Cash CIAC $6,956,132 Total CIAC Property 32,521,082 Total CIAC at Completion (Design Capacity) $39,477,214 16 Al Exhibit "J" Proposed Water Tariff 16 Al WATER TARIFF AVE MARIA UTILITY COMPANY, LLLP FILED WITH THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al 1 ORIGINAL SHEET NO. 1.0 WATER TARIFF AVE MARIA UTILITY COMPANY, LLLP 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105] BUSINESS:(239) 262 -2600 EMERGENCY: (239) 404 -3337 FILED WITH THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 2.0 WATER TARIFF TABLE OF CONTENTS Sheet Number TerritoryServed .................................................................. ............................... 3.0-3.2 Miscellaneous..................................................................... ............................... 4.0 Technical Terms and Abbreviations ...................................... ............................... 5.0 Index of Rules and Regulations ............................................ ............................... 6.0-6.1 Rulesand Regulations .......................................................... ............................... 7.0-11.0 Index of Rates and Charges Schedules ................................ ............................... 12.0 Rate, Deposit and Service Charges Schedules ................... ............................... 13.0-17.0 Indexof Standard Forms ....................................................... ............................... 18.0 StandardForms ..................................................................... ............................... 19.0-20.0 Index of Service Availability Policy ........................................ ............................... 21.0-21.1 Service Availability Policy ............. ............................... 22.0-30.0 Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 3.0 TERRITORY SERVED DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, 30, AND 33 AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4, 9, 16, 17, AND 18 AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 1, 12, AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA COMMENCING AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH 89 °42'22 "EAST 40.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF CAMP KEAIS ROAD (80 FOOT RIGHT -OF- WAY) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE ALONG SAID RIGHT -OF -WAY LINE IN THE FOLLOWING TWENTY FOUR (24) DESCRIBED COURSES; 1) SOUTH 00 °15'32" EAST 4936.39 FEET; 2) 395.35 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 3,707.51 FEET THROUGH A CENTRAL ANGLE OF 06 005'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02 047'23" WEST 395.17 FEET; 3) SOUTH 05 °50'40" WEST 101.17 FEET; 4) THENCE SOUTH 89 °37'49" WEST 7.63 FEET; 5) SOUTH 00 °14'32" EAST 73.58 FEET; 6) SOUTH 05 °51'27" WEST 224.83 FEET; 7) 403.87 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A CENTRAL ANGLE OF 06 005'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02 045'21" WEST 403.68 FEET; 8) SOUTH 00 0 14'33 " EAST 1,907.96 FEET; 9) SOUTH 00 °22'10" EAST 2,609.43 FEET; 10) SOUTH 00 °30'10 "EAST 2,673.59 FEET; 11) SOUTH 00-35-31 "EAST 2,684.14 FEET; 12) SOUTH 00 °38'11" EAST 2,610.47 FEET; 13) SOUTH 00 °30'34" EAST 200.03 FEET; 14) 202.91 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,702.95 FEET THROUGH CENTRAL ANGLE OF 04 018'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02 039'36" EAST 202.86 FEET; 15) SOUTH 04 °48'38" EAST 400.00 FEET; 16) SOUTH 05 008'04" EAST 95.99 FEET; 17) SOUTH 00 029'16" EAST 101.03 FEET; 18) CONTINUE ALONG SAID LINE SOUTH 00 °29'16" EAST 1,609.23 FEET; 19) SOUTH 00-59'03" EAST 2,660.06 FEET; 20) SOUTH 00 °56'00 "EAST 2,246.44 FEET; 21) 104.19 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 461.33 FEET THROUGH A CENTRAL ANGLE OF 12 056'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05 033'57" WEST 103.97 FEET; (Continued on Sheet No. 3.1) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP (Continued from Sheet No. 3.0) 16 Al ORIGINAL SHEET NO. 3.1 22) SOUTH 12 °02'43" WEST 100.00 FEET; 23) 122.31 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 540.00 FEET THROUGH CENTRAL ANGLE OF 12 °58'40" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05 033'23" WEST 122.05 FEET; 24) SOUTH 00 °55'58" EAST 49.54 FEET TO THE NORTH RIGHT OF WAY LINE OF OIL WELL ROAD (100' RIGHT OF WAY) THENCE ALONG SAID NORTH RIGHT OF WAY IN THE FOLLOWING EIGHT (8) DESCRIBED COURSES; 1) SOUTH 88 °57'46" WEST 2,595.92 FEET; 2) SOUTH 88 °54'34" WEST 2,641.05 FEET; 3) SOUTH 88 °57'06" WEST 2,570.04 FEET; 4) SOUTH 88-55-37" WEST 2,702.71 FEET; 5) SOUTH 88 056'50" WEST 2,645.03 FEET; 6) SOUTH 88-56-28" WEST 2,639.06 FEET; 7) SOUTH 89 °44'55" WEST 2,676.56 FEET; 8) SOUTH 89-44'33" WEST 0.82 FEET TO THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796; THENCE ALONG SAID LINE NORTH 01 °11'28" WEST 2.637.90 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796; THENCE ALONG SAID LINE NORTH 89 032'26" EAST 1,332.28 FEET TO A NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. BOOK 2009 PAGE 1554 -1558; THENCE ALONG THE NORTH LINE OF SAID LANDS NORTH 89 °32'26" EAST 360.40 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2943 PAGE 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 01 °11'02" WEST 2,688.15 FEET TO THE INTERSECTION WITH SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST. THENCE ALONG SAID LINE SOUTH 89 024'56" WEST 151.63 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGE 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00 044'30" WEST 5,387.66 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID SECTION 12; THENCE ALONG SAID NORTH LINE NORTH 89 000'09" EAST 23.81 FEET TO INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00 043'12" WEST 5,312.87 FEET TO THE SOUTH LINE OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST; THENCE ALONG SAID SOUTH LINE SOUTH 89 °28'47" WEST 1,591.63 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89 028'47" WEST 2,658.12 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00 012'02" WEST 2,594.56 FEET; THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00 013'09" EAST 2,595.59 FEET TO THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SECTION 36 NORTH 89 057'18" EAST 2,678.23 FEET; THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION NORTH 89 057'18" EAST 2,678.23 FEET TO THE NORTH EAST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SECTION 30, TOWNSHIP 47 SOUTH, RANGE 29 EAST, NORTH 00 °13'04" WEST 2,580.06 FEET; THENCE CONTINUE ALONG SAID WEST LINE OF SAID SECTION 30 NORTH 00 010'45" WEST 2,527.41 FEET TO THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (100' RIGHT OF WAY) THENCE ALONG SAID RIGHT OF WAY LINE FOR THE FOLLOWING NINE (9) DESCRIBED COURSES; 1) SOUTH 89 °43'35" EAST 0.74 FEET; Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al (Continued on Sheet No. 3.2) ORIGINAL SHEET NO. 3.2 (Continued from Sheet No. 3.1) 2) NORTH 87-40-12" EAST 2,582.06 FEET; 3) NORTH 87 °38'44" EAST 2,630.49 FEET; 4) NORTH 87 °41'38" EAST 2,640.92 FEET; 5) NORTH 87-46-05" EAST 2,645.58 FEET; 6) NORTH 89-37-45" EAST 2,687.06 FEET; 7) NORTH 89 °39'06" EAST 780.08 FEET; 8) 3,074.23 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 1,960.26 FEET THROUGH A CENTRAL ANGLE OF 89 °51'20" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 44 042'37" EAST 2,768.73; 9) NORTH 00 °27'14" WEST 663.14 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT - OF -WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID RIGHT -OF -WAY LINE IN THE FOLLOWING SEVEN (7) DESCRIBED COURSES: 1) SOUTH 89 °56'24" EAST 266.14 FEET; 2) 722.56 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 460.00 FEET THROUGH A CENTRAL ANGLE OF 89 059'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44 056'23" EAST 650.54 FEET; 3) SOUTH 00 °03'36" WEST 600.00 FEET; 4) 529.01 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 760.00 FEET THROUGH CENTRAL ANGLE OF 39 052'53" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 20 °00'02" WEST 518.39 FEET; 5) SOUTH 39 °56'29" WEST 543.45 FEET; 6) 589.90 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 840.00 FEET THROUGH CENTRAL ANGLE OF 40 014'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 19 °49'24" WEST 577.85 FEET; 7) SOUTH 00 °17'42" EAST 60.83 FEET TO THE POINT OF BEGINNING. CONTAINING 10805.08 ACRES, MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD BEARINGS ARE BASED ON THE WEST HALF OF THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 88 °54'34" WEST. Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP MISCELLANEOUS Intentionally left blank for future use. 16 Al ORIGINAL SHEET NO. 4.0 Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 5.0 TECHNICAL TERMS AND ABBREVIATIONS 1.0 "AUTHORITY" - The Collier County Water and Wastewater Authority. 2.0 "BFC" - The abbreviation for "Base Facility Charge," which is the minimum amount the Company may charge its Customers and is separate from the amount the Company bills its Customers for water consumption. 3.0 "CERTIFICATE" - A document issued by the Collier County Board of Commissioners authorizing the Company to provide water service in a specific territory. 4.0 "COMMUNITIES SERVED" - The group of Customers who receive water service from the Company -- and whose service location is within a specific area or locality that is uniquely separate from another. 5.0 "COMPANY" - Ave Maria Utility Company, LLLP 6.0 "CONSUMER" OR ,CUSTOMER" - Any person, firm or corporation who has entered into an agreement to receive water service from the Company and who is liable for the payment of that water service. 7.0 "CUSTOMER'S INSTALLATION" - All pipes, shut -offs, valves, fixtures and appliances or apparatus of every kind and nature used in connection with or forming a part of the installation for rendering water service to the Customer's side of the Service Connection whether such installation is owned by the Customer or used by the Customer under lease or other agreement. 8.0 "MAIN" - A pipe, conduit, or other facility used to convey water service to individual service lines or through other mains. 9.0 "RATE" - Amount which the Company may charge for water service. 10.0 "RATE SCHEDULE" - The rate(s) or charge(s) for a particular classification of service plus the several provisions necessary for billing, including all special terms and conditions under which service is furnished at such rate or charge. _ 11.0 "SERVICE" - Includes, in addition to all water service required by the Customer, the readiness and ability on the part of the Company to furnish water service to the Customer. 12.0 "SERVICE CONNECTION" - The point where the Company's pipes or meters are connected with the pipes of the Customer. 13.0 "SERVICE LINES" - The pipes between the Company's Mains and the Service Connection, including all of pipes, fittings and valves necessary to make the connection to the Customer's premises, excluding the meter. - 14.0 "TERRITORY" (Service Area) - The geographical area described, if necessary, by metes and bounds but, in all cases, by township, range and section in a Certificate, which may be within or without the boundaries of an incorporated municipality. Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al Paul Marinelli Agent NAME TITLE ORIGINAL SHEET NO. 6.0 INDEX OF RULES AND REGULATIONS Sheet Rule Number: Number: Accessto Premises ................................................ ............................... 9.0 14.0 Adjustmentof Bills .................................................. ............................... 10.0 22.0 Adjustment of Bills for Meter Error ......................... ............................... 10.0 23.0 All Water Through Meter ........................................ ............................... 10.0 21.0 Application.............................................................. ............................... 7.0 3.0 Applicationsby Agents ........................................... ............................... 7.0 4.0 Change of Customer's Installation ......................... ............................... 8.0 11.0 Continuityof Service ............................................... ............................... 8.0 9.0 CustomerBilling ..................................................... ............................... 9.0 16.0 DelinquentBills ....................................................... ............................... 7.0 8.0 Extensions.............................................................. ............................... 7.0 6.0 Filingof Contracts .................................................. ............................... 11.0 24.0 GeneralInformation ................................................ ............................... 7.0 1.0 Inspection of Customer's Installation ...................... ............................... 8.0 13.0 Limitationof Use ..................................................... ............................... 8.0 10.0 Meters.................................................................... ............................... 9.0 20.0 Payment of Water and Wastewater Service BillsConcurrently .................................................. ............................... 9.0 18.0 (Continued on Sheet No. 6.1) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP (Continued from Sheet No. 6.0) PolicyDispute .............................. ............................... Protection of Company's Property .............................. Refusal or Discontinuance of Service ........................ Right -of -Way or Easements ........ ............................... Termination of Service ................ ............................... Type and Maintenance ................ ............................... Unauthorized Connections - Water ............................ 16 Al ORIGINAL SHEET NO. 6.1 Sheet Rule Number: Number: ...... 7.0 2.0 ...... 8.0 12.0 ...... 7.0 5.0 ...... 9.0 15.0 ...... 9.0 17.0 ...... 7.0 7.0 ...... 9.0 19.0 Paul Marinelli Agent NAME TITLE ARIA UTILITY COMPANY, LLLP NAME OF COMPANY: AVE M 16. A ORIGINAL SHEET NO. 7.0 Paul Marinelli Agent NAME TITLE RULES AND REGULATIONS 1.0 GENERAL INFORMATION - These Rules and Regulations are a part of the rate schedules and applications and contracts of the Company and, in the absence of specific written agreement to the contrary, apply without modifications or change to each and every Customer to whom the Company renders water service. The Company shall provide water service to all Customers its Certificated territory upon such terms as are set forth in this Tariff. requiring such service within 2.0 POLICY DISPUTE - Any dispute between the Company and the Customer or prospective of any provision of this tariff will, upon written Customer regarding the meaning or application request by either party, be resolved by the Authority. 3.0 APPLICATION - Water service will be furnished only after a signed application is accepted by the Company or a written agreement is entered into by the Company with the Customer. The furnish to the Company the correct name and street address or lot and block applicant must number at which water service is to be rendered. If accepted by the Company, a copy of the application or agreement for water service will be furnished to the applicant upon request. 4.0 APPLICATIONS BY AGENTS - Applications for water service requested by firms, partnerships, associations, corporations, and others must be rendered only by duly authorized parties or agents. When water service is rendered under agreement or agreements entered into between the Company and an agent of a principal, the use of such water service by the principal will constitute full and complete ratification by the principal of the agreement or agreements under which such water service is rendered. 5.0 REFUSAL OR DISCONTINUANCE OF SERVICE - The Company may refuse or discontinue "M water service to any member or agent of a household, organization, or business unless all prior indebtedness for water service delivered by the Company to such household, organization, or business has been paid in full. Service may also be discontinued for any violation by the Customer or consumer or any rule or regulation set forth in this Tariff. 6.0 EXTENSIONS - Extensions will be made to the Company's facilities in compliance with Authority Rules and Orders and this Tariff. 7.0 TYPE AND MAINTENANCE - The Customer's pipes, apparatus and equipment must be selected, installed, used and maintained in accordance with standard industry practice and must conform with these Rules and Regulations and must comply with all applicable laws and governmental R regulations. The Company is not responsible for the maintenance and operation of the Customer's pipes and facilities. The Customer may not utilize any appliance or device that is not properly constructed, controlled and protected or which may adversely affect water service. The - Company may discontinue or withhold water service to such apparatus or device. 8.0 DELINQUENT BILLS - Bills are due when rendered and, if not paid within 20 days after delivery, become delinquent and water service may, after five days' written notice, be discontinued. When reconnection is performed during normal working hours, service will be resumed only upon payment of all past -due bills, together with the normal reconnection charge. (Continued on Sheet No. 8.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 A ORIGINAL SHEET NO. 8.0 (Continued from Sheet No. 7.0) When reconnection is performed other than during normal working hours, the after hours reconnection charge applies. The Company bears no liability by reason of water service being discontinued to the Customer as a result of the Customer's failure to timely pay its bills. Partial payment of any bill may be refused by the Company, subject to a contrary order or direction by the Authority. 9.0 CONTINUITY OF SERVICE - The Company will at all times use reasonable diligence to provide continuous water service and, having used reasonable diligence, is not liable to the Customer for failure or interruption of water service. The Company is not liable for any act or omission caused directly or indirectly by acts of God or any other causes beyond its control. If, at any time, the Company interrupts or discontinues water service for a period greater than one hour, all Customers affected by such interruption or discontinuance, will be given at least 24 hours' notice. 10.0 LIMITATION OF USE - Water service purchased from the Company may be used by the Customer only for the purposes specified in the application for water service and the Customer may not resell or otherwise similarly dispose of such water service. The Customer may not, except with the prior written consent of the Company, extend his lines across a street, alley, lane, court, property line, avenue, or other way in order to furnish water service to an adjacent property through one meter even though such adjacent property may be owned by the Customer. In case of such unauthorized extension, sale, or disposition of service, the Customer's water service will be subject to discontinuance until such unauthorized extension, remetering, sale or disposition of service is discontinued and full payment is made to the Company for water service rendered by the Company (calculated on proper classification and rate schedules) and until reimbursement is made in full to the Company for all expenses incurred for clerical work, testing, and inspections. - The Customer may not remeter the Customer's water service. 11.0 CHANGE OF CUSTOMER'S INSTALLATION - The Customer may not change or alter the Customer's installation in a manner that will materially affect the proper orientation or operation of the pipes, mains, or stations of the Company, without the prior written consent of the Company. The Customer is liable for any charge resulting from a violation of this Rule. 12.0 PROTECTION OF COMPANY'S PROPERTY - The Customer must exercise reasonable diligence to protect the Company's property on the Customer's premises and may not knowingly permit someone to have access to the Company's pipes and facilities. If any loss or damage to property of the Company is caused by or arises out of the carelessness, neglect, or misuse by the Customer or the Customer's agents, the cost of repairing or replacing such property must be paid by the Customer. 13.0 INSPECTION OF CUSTOMER'S INSTALLATION - All of the Customer's water service installations or changes must be inspected upon completion by Company to ensure that the Customer's piping, equipment, and devices have been installed in accordance with accepted standard practice and local laws and governmental regulations. Notwithstanding the foregoing, the Company may inspect the Customer's installation prior to rendering water service, and from time to time thereafter, but assumes no responsibility for any portion thereof. (Continued on Sheet No. 9.0) Paul Marinelli Accent NAME TITLE NAME OF COMPANY. AVE MARIA UTILITY COMPANY, LLLP Al ORIGINAL SHEET NO. 9.0 (Continued from Sheet No. 8.0) 14.0 ACCESS TO PREMISES - The Company and its agents may access, at all reasonable hours, the Customer's premises for the purpose of installing, maintaining, and inspecting or removing the Company's property, reading meters and other purposes incident to delivering or terminating water service and, in so doing, will not be liable for trespass. If reasonable access is not provided, service may be discontinued. 15.0 RIGHT -OF -WAY OR EASEMENTS - The Customer must grant or cause to be granted to the Company, and without cost to the Company, all rights, easements, permits, and privileges that are necessary for the rendering of water service. 16.0 CUSTOMER BILLING - Bills for water service will be rendered monthly. Bills are due when rendered and shall be considered as received by the customer when delivered or mailed to the service address or other address mutually agreed upon. Non - receipt of bills by Customer does not release or diminish the Customer's obligation with regard to payment. Any change in the municipal or county franchise tax levied upon the Company may be shown as a separate item on the Company's bills to its Customers. 17.0 TERMINATION OF SERVICE - The Company requires reasonable advance notice from the Customer if the Customer desires to terminate water service. 18.0 PAYMENT OF WATER AND WASTEWATER SERVICE BILLS CONCURRENTLY - If both water and wastewater service are provided by the Company, payment of any water service bill rendered by the Company to a Customer will not be accepted by the Company without the simultaneous or concurrent payment of any wastewater service bill rendered by the Company. If bills for either water or wastewater service are not timely paid in accordance with the Company's Rules and Regulations, the Company may discontinue both services to the Customer's premises. The Company will not reestablish or reconnect either water or wastewater service until such time as all water and wastewater service charges and all other expenses or charges established by these Rules and Regulations are paid. 19.0 UNAUTHORIZED CONNECTIONS - Connections to the Company's water system for any purpose may be made only by the Company or its agents. Any unauthorized connections to the Company's water service are subject to immediate discontinuance without notice and water - service will not be restored until such unauthorized connections have been removed and unless payment is made in full for all water service estimated by the Company to have been used by reason of such unauthorized connection. 20.0 METERS - All water meters must be furnished by, and remain the property of, the Company and must be accessible by the Company and subject to its control. The Customer must provide meter box to the Company at a suitable and readily accessible location and, if the Company considers it advisable, within the premises to be served. Under such circumstances, the Customer must provide adequate and proper space for the installation of meters and other similar devices. (Continued on Sheet No. 10.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 10.0 (Continued from Sheet No. 9.0) 21.0 ALL WATER THROUGH METER - That portion of the Customer's installation for water service must be so arranged to ensure that all water service passes through the meter. No temporary pipes, nipples or spaces are permitted and under no circumstances are connections allowed that may permit water to by -pass the meter or metering equipment. 22.0 ADJUSTMENT OF BILLS - If a Customer has been overcharged or undercharged as a result of an incorrect application of the rate schedule, incorrect reading of the meter, incorrect connection of the meter or other similar reasons, the amount overcharged or undercharged, may be refunded or credited to the Customer's bill, in the Company's discretion, as the case may be. 23.0 ADJUSTMENT OF BILLS FOR METER ERROR - When meter tests are made by the Authority or by the Company, the accuracy of registration of the meter and its performance will be judged by its average error. The average meter error will be considered to be the average of the errors at the test rates of flow. FAST METERS - Whenever a tested meter is found to register fast, in excess of the tolerance provided in the Meter Accuracy Requirements of this Tariff, the Company will refund to the Customer the amount billed in error for one -half of the period since the last test; however, the one - half period may not exceed six months. If, however, it is shown that the error was due to a specifically identifiable cause, the date of which can be fixed, the overcharge will be computed to, but not beyond, such date. The refund, however, will not include any part of any minimum charge. METER ACCURACY REQUIREMENTS - All meters used for measuring the quantity of water delivered to a Customer will be in good mechanical condition and will be adequate in size and design for the type of service that they measure. Before being installed, every water meter, whether new, repaired, or removed from service for any cause, will be adjusted to register within the accuracy limits set forth in the following table: The minimum required accuracy for compound meters at any rate within the "changeover" range of flows shall be 85 %. METER BENCH TEST REQUEST - If any Customer requests a bench test of the Customer's water meter, the Company may require a deposit to defray the cost of testing. The deposit will not exceed the following schedule of fees: METER SIZE ACCURACY LIMITS IN PERCENT - 5/8" x 314" $ 75 1 "and 1 1/2" Maximum Intermediate Minimum Rate METER TYPE Rate Rate New Repaired Displacement 98.5 -101.5 98.5 -101.5 95 -101.5 90 -101.5 Current 97 -102 None 95 -102 90 -102 Compound" 97 -103 97 -103 95 -103 90 -103 The minimum required accuracy for compound meters at any rate within the "changeover" range of flows shall be 85 %. METER BENCH TEST REQUEST - If any Customer requests a bench test of the Customer's water meter, the Company may require a deposit to defray the cost of testing. The deposit will not exceed the following schedule of fees: METER SIZE FEE - 5/8" x 314" $ 75 1 "and 1 1/2" $ 75 2" and over Actual Cost M (Continued on Sheet No. 11.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMP ANY LLLP Al ORIGINAL SHEET NO. 11.0 (Continued from Sheet No. 10.0) REFUND OF METER BENCH TEST DEPOSIT - If the meter is found to register in excess of the accuracy limits prescribed by the Company's Rules and Regulations or by the Authority, the deposit will be refunded. If the meter is found to register within or below the accuracy limits prescribed by the Company's Rules and Regulations or by the Authority, the deposit will be retained by the Company as a service charge for conducting the test. METER FIELD TEST REQUEST - Upon written request of any Customer, the Company will make a field test of the accuracy of the water meter in use at the Customer's premises, at no cost to the Customer, provided that the meter has not been tested within the prior six months. 24.0 FILING OF CONTRACTS - The Company will file with the Authority copies of all special contracts for service, including developer agreements, within 30 days of execution. Paul Marinelli Anent NAME TITLE _ NAME DF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al _ ORIGINAL SHEET NO. 12.0 INDEX OF RATES AND CH kRGES SCHEDULES Sheet Number _ _ -- 15O (�us�xnerDepoa�o-----------------------' . 13]3 General Sen��m.GS----------------------' 1G0 ��ioceUonoouoSen�oe Charges ----------------- . 14U Residential Senioo.RS---------------------. . Service Availability Fees and Charges ......................................... 17.0 Paul Marinelli, Agent _ _ _ _ _ _ _ _ _ _ -- m*wc ...LE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP GENERAL SERVICE RATE SCHEDULE GS 16 Al ORIGINAL SHEET NO. 13.0 AVAILABILITY - Available throughout the area served by the Company. APPLICABILITY - For water service to commercial Customers and all Customers for which no other schedule applies. LIMITATIONS - Subject to all of the Rules and Regulations of this Tariff and General Rules and Regulations of the Authority. BASE FACILITY RATE - METER SIZE CHARGE PER MONTH 5/8" x 3/4" $ 22.08 ill $ 55.20 1 1/2" $ 110.40 2" $ 176.64 3 $ 331.20 4" $ 552.00 6" $ 1,104.00 8" $ 1,766.40 Gallonage Charge (per 1,000 gallons) $ 1.58 $ 3.00 (Construction Use Water) MINIMUM CHARGE - Base Facility Charge only, if no consumption. TERMS OF PAYMENT - Bills are due when rendered and become delinquent if not paid within 20 days. After five days' written notice, water service may be discontinued. Paul Marinelli, Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 14.0 RESIDENTIAL SERVICE RATE SCHEDULE RS AVAILABILITY - Available throughout the area served by the Company. APPLICABILITY - For water service to all residential Customers. LIMITATIONS - Subject to all of the Rules and Regulations of this Tariff and General Rules and Regulations of the Authority. BASE FACILITY RATE - METER SIZE CHARGE PER MONTH 5/8" x 3/4" $ 22.08 ill $ 55.20 1 1/2" $ 110.40 2" $ 176.64 3 $ 331.20 4" $ 552.00 6" $ 1,104.00 8" $ 1,766.40 Gallonage Charge (per 1,000 gallons) $ 1.58 MINIMUM CHARGE - Base Facility Charge only, if no consumption. TERMS OF PAYMENT - Bills are due when rendered and become delinquent if not paid within 20 days. After five days' written notice, water service may be discontinued. Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 A ORIGINAL SHEET NO. 15.0 CUSTOMER DEPOSITS PURPOSE OF DEPOSIT - To provide Company with security towards payment of water service bills. ESTABLISHMENT OF CREDIT - Before rendering water service, the Company may require an applicant for service to establish credit to the Company's satisfaction; however, the establishment of such credit does not relieve the Customer from complying with the Company's rules for prompt payment. AMOUNT OF DEPOSIT - The amount of initial deposit will be the following according to meter size: Meter Size D. epositt 5/8" x 3/4" $ 45 1" $ 110 1 1/2" $ 220 2" $ 350 3 $ 650 4" $ 1,100 6" $ 2,200 8" $ 3,500 ADDITIONAL DEPOSIT - When warranted, the Company may require a new deposit, if previously waived or returned, or an additional deposit in order to secure payment of current bills. INTEREST ON DEPOSIT - The Company will pay simple interest on Customer deposits at a rate of three (3)% per annum; however, no interest will begin accruing unless and until the Customer has timely paid for at least six months of continuous service. The payment of interest will be made once a year as a credit on regular bills and on final bills when service is discontinued. REFUND OF DEPOSIT - After a residential Customer has established a payment record to the satisfaction of the Company and has received service for 23 consecutive months, the Company will refund the Customer's deposit. The Company may, in its discretion, hold the deposit of a non - residential Customer who has received service for 23 consecutive months, but shall continue to pay interest on the non - residential Customer's deposit. Nothing in this Tariff prohibits the Company from refunding a Customer's deposit in less than 23 months. Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 16.0 MISCELLANEOUS SERVICE CHARGES The Company may charge the following miscellaneous service charges. INITIAL CONNECTION - Administrative Charge imposed for service initiation at a location where service did not previously exist. NORMAL RECONNECTION - Charge imposed for transfer of service to a new Customer account at a previously served location or reconnection of service subsequent to a Customer requested disconnection. AFTER HOURS RECONNECTION - Charge imposed when reconnection is imposed other than during normal working hours. VIOLATION RECONNECTION - Charge imposed prior to reconnection of an existing Customer after disconnection of service for any cause contemplated by the Company's Rules and Regulations or violation of applicable law including a delinquency in bill payment. PREMISES VISIT CHARGE (IN LIEU OF DISCONNECTION) - Charge imposed when a service representative visits a premises for the purpose of discontinuing service for nonpayment of a due and collectible bill, but the service representative does not discontinue service because the Customer pays the service representative or otherwise makes satisfactory arrangements to pay the bill. SERVICE PROBLEM IDENTIFICATION CHARGE - Charge imposed if the Company is called by a Customer to remedy a service problem and the Company discovers the cause of the service problem to be on the Customer's side of the Service Connection. Schedule of Miscellaneous Service Charges Initial Connection Fee $ 30 Normal Reconnection Fee $ 30 After Hours Reconnection Fee $ 60 Violation Reconnection Fee* $ 30 Premises Visit Fee $ 20 (in lieu of disconnection) Service Problem Identification Charge $ 50 per hour * Plus all past -due water bills, interest, and penalties.) TERMS OF PAYMENT - The initial connection /normal reconnection charge will be imposed on the Customer's first subsequent bill. The violation reconnection charge (plus all past -due water bills, interest, and penalties) must be paid prior to service being reconnected. Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 R Paul Marinelli Agent -- NAME TITLE ORIGINAL SHEET NO. 17.0 SERVICE AVAILABILITY FEES AND CHARGES Refer to Service Availability Policy Amount Sheet No. /Rule No. Description Customer Connection (Tap -in) Charge $360.00 26.0/7.0 Upto 2" ............................................ ............................... Actual Cost' 26.0/7.0 Over 2" ............................................ ............................... Actual Cost' 29.0/16.0 Inspection Fee .................................................... ............................... Main Extension Charge GPD ........................ p(_ ) ........................ Residential-per ER Actual Cost' 24.0/3.4 All others -per gallon ................................. ............................... Actual Cost' 24.0/3.4 or Residential-per lot foot frontage) .......... Actual Cost' 24.0/3.4 All others -per front foot ............................ ............................... Actual Cost' 24.0/3.4 Meter Installation Fee $122.00 25.0/6.0 5/8" x 3/4" ................................................ ............................... $183.00 25.0/6.0 ill 1 1/2 .. ............................... $422.00 25.0/6.0 .................................................. 2" ............................... $477.00 25.0/6.0 ........................................................ Actual Cost 25.0/6.0 Over 2" ........................ ............................. ............................... Actual Cost' 27.0/11.0 Plan Review Charge ................... ......................... ............................... System Capacity Charge $543.07 24.0/3.3 Per ERC (275 GPD) ............................................ ............................... 'Actual Cost is equal to the total cost incurred for services rendered. Paul Marinelli Agent -- NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 18.0 INDEX OF STANDARD FORMS Description Sheet No. CUSTOMER'S GUARANTEE DEPOSIT RECEIPT .......... 19.0 COPY OF CUSTOMER'S BILL ........... ............................... 20.0 Paul Marinelli Agent NAME TITLE LP MARIA UTILITY COMPANY, LL NAME OF COMPANY: AVE 16 Al ORIGINAL SHEET NO. 19.0 CUSTOMER'S GUARANTEE DEPOSIT RECEIPT Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP COPY OF CUSTOMER'S BILL 16 Al ORIGINAL SHEET NO. 20.0 Paul Marinelli Agent NAME TITLE 16 A7 NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP _.. Paul Marinelli Agent NAME TITLE ORIGINAL SHEET NO. 21.0 INDEX OF SERVICE AVAILABILITY POLICY SHEET RULE 22.0 1.0 .............................. ............................... PURPOSE ....................... ............... ............................... 22.0 2.0 AVAILABILITY ....................... ................................... ............................... ... ............................... 3.0 REQUIREMENT FOR PAYMENT OF CONTRIBUTIONS IN AID OF CONSTRUCTION ............................ ............................... ............... ............................... 22.0 3.1 ON -SITE FACILITIES (CONTRIBUTIONS IN AID OFCONSTRUCTION) ................................................................................ ............................... 22.0 3.2 OFF -SITE FACILITIES (CONTRIBUTIONS IN AID OFCONSTRUCTION) ................................................................................ ............................... 23.0 3.3 SYSTEM CAPACITY CHARGES ............................................................... ............................... 24.0 3.4 MAIN EXTENSION CHARGES .................................................................. ............................... 24.0 3.5 GALLONS PER DAY, WATER AND SEWER ............................................ ............................... 24.0 4.0 DEVELOPER AGREEMENTS ................................................................... ............................... 24.0 5.0 WATER AND SEWER CAPACITY RESERVATION ................................. ............................... 24.0 6.0 WATER METER INSTALLATION CHARGES ............................................ ............................... 25.0 6.1 CONSTRUCTION WATER ......................................................................... ............................... 25.0 6.2 BACKFLOW PREVENTION AND CROSS CONNECTION CONTROL . ............................... 25.0 7.0 CUSTOMER CONNECTION CHARGES .................................................... ............................... 26.0 8.0 ACTION BY GOVERNMENTAL AUTHORITIES OR ........... ............................... CURTAILMENT FROM OTHER CAUSES ...... ............................... . 26.0 9.0 TRANSFER OF CONTRIBUTED PROPERTY - BILLS OF SALE ........................ ............................... ................................... ............................... 26.0 10.0 EASEMENTS AND RIGHT -OF -WAY .......................................................... ............................... 27.0 11.0 PLAN REVIEW FEES ................................................................................. ............................... 27.0 _ 11.1 PLANS AND SPECIFICATIONS ....................................... ............................... ...........................27.0 (Continued on Sheet No. 21.1) Paul Marinelli Agent NAME TITLE _ 16 Al NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LULP _ ORIGINAL SHEET NO. 211 -- (Continued from Sheet No. 21.0) 12.0 APPR{}VALOF(�C)NTRACTO��S.............'..'...........'..'.....'.'.....'..'..........'...'._.............. 28O . -- 13.0 INSPECTION DFPLUKABER'SHOOK-UP ----------------------____. . 28U 14.0 D|SPOS|T0NOF CAPACITY BY{�ONTR|BUTOR---------------_—_____ . �80 15.0 FACILITIES CONSTRUCTION ----------------------_---______. 38O . -- 16.0 INSPECTIONS --------- -------------------------------. 29� 17.0 E%TENS0NOUTSIDE TEF7R|TORY---------------------_—_—____ . 290 -- 18.0 ADJUSTy�ENTPRC^J|S|ONS------------------------------_—_ �Q0 . 19.0 REFUNDABLEAOVAN[�E3 ...................................................................................................... 29� — _ _ _ TABLE OF DAILY FL[)VVS --------------------__—___________.. 30� _ _ _ _ _ _ _ Paul Marinelli, Agent .`""E ...LE -_- _ NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 22.0 SERVICE AVAILABILITY POLICY 1.0 PURPOSE. The Company establishes this policy for the purpose of creating a uniform method of determining the contribution in aid of construction to be paid and other conditions to be met by property owners, builders or developers (hereafter, individually or collectively, referred to as "Contributor ") seeking to obtain water service from the Company within its service territory. - 2.0 AVAILABILITY. The provisions of this policy are applicable to Contributors throughout the Company's service territory, subject only to matters of economic feasibility. 3.0 REQUIREMENT FOR PAYMENT OF CONTRIBUTIONS IN AID OF CONSTRUCTION. -w The Company declares that it will receive as contributions from Contributor(s) contributions in kind and /or cash payments, as provided in a separate written developer's agreement, in order to defray (i) the Company's acquisition, engineering, administrative, construction and /or improvement costs for the property, facilities, equipment and professional services necessary to provide the On -Site Water Transmission System (defined hereafter); and (ii) the Company's acquisition, engineering, administrative, construction and /or improvement costs for the property, facilities, equipment and professional services necessary to provide the Off -Site Water Transmission System (defined hereafter) and the Water Treatment Plant (defined hereafter). The Off -Site Facilities and Water Treatment Plant costs will be allocated on a pro rata basis between the properties receiving service therefrom. 3.1 ON SITE FACILITIES (CONTRIBUTIONS IN AID OF CONSTRUCTION). A The Company may design and install On -Site Facilities and require the Contributor to pay the actual cost of design and construction, including all costs hereinafter enumerated. Alternatively, the Company _ may permit or require the Contributor to install the On -Site Facilities, subject to the Company' approval of the design and construction of the facilities. If the Contributor requests the Company to design and construct the facilities, the Contributor must pay the Company's engineering, supervisory, administrative and legal costs for doing so. The Contributor will also be responsible for financing the design and construction of the On -Site Facilities in a manner that permits transfer of control and ownership of the facilities to the Company free and clear of all liens and encumbrances. All transfers of On -Site Facilities must be in a form reasonably satisfactory to Service Company's attorney and must be accompanied by satisfactory evidence of ownership free and clear of any liens and encumbrances. All expenses associated with the design and construction of the On -Site Facilities , including, but not limited to, permit fees and costs incurred in connection with inspection, installation, analysis, testing, insurance, legal work or engineering must be paid by the Contributor. The Company may install or require the installation of oversized lines or facilities on the Contributor's property in order for the Company to be able to provide service to other properties in accordance with the master plan of the Company. If so requested by the Company, the Contributor will be required to - advance the entire cost. The cost in excess of the actual cost to serve the Contributor's property will be subject to a refundable advance agreement between the Company and the Contributor. (Continued on Sheet No. 23.0) Paul Marinelli Acient NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP (Continued from Sheet No. 22.0) 16 Al ORIGINAL SHEET NO. 23.0 The term "On -Site Facilities" means those facilities used to deliver water service to the Contributor's property that are situated within the boundaries of the Contributor's property and also includes all facilities on the Contributor's side of the Point of Delivery. The term "Point of Delivery" means, for metered service, the outlet connection of the meter and, for non - metered service, the point at which the Company's piping connects with the Contributor's piping. All other facilities used to deliver water service to the Contributor's property are "Off -Site Facilities." If Off -Site Facilities intersect the Contributor's property pursuant to an easement, such facilities will not be considered On -Site Facilities. Customer's Installation means the same as defined in the Company's Tariff. The repair and maintenance of the facilities comprising the Customer's Installation will be the responsibility of the Contributor or Customer. The term "Water Transmission System" means all component parts of the system used to deliver water service to the Contributor's property including, but not limited to, valves, fittings, laterals, hydrants and all appurtenances, which are not situated within the boundaries of the Contributor's property and also includes that part of the system that is on the Company's side of the Point Of Delivery. 3.2 OFF SITE FACILITIES (CONTRIBUTIONS IN AID OF CONSTRUCTION). Service to property may be dependent upon the extension or the existence of previously extended Off -Site Facilities. If such Off -site Facilities are deemed necessary by the Company in order to provide service to the property, the Contributor must pay in advance the total cost of the pro rata share of all Off -Site Facilities (hereafter "Main Extension Charges "). The determination of the pro rata share will be based upon reasonable engineering judgment, which will include the Company's demand of (a) the area to be developed: (b) the development trends in the surrounding territory; (c) the consumer density and estimated use of service by the proposed development; and (d) the hydraulic share method or the front footage method, whenever practicable. The Main Extension Charge will be applicable irrespective of whether the facilities have been previously constructed or are necessary to be constructed. The Company may permit or require the Contributor to install all or a portion of Off -Site Facilities. If designed and constructed by the Contributor, the facilities must be designed by the Contributor's engineer and, thereafter, constructed in accordance with the Company's design standards and specifications. The Contributor will also be responsible for financing the design and construction of the Off -Site Facilities in a manner that permits transfer of control and ownership of the facilities to the Company free and clear of all liens and encumbrances. All transfers of Off -Site Facilities must be in a form reasonably satisfactory to Service Company's attorney and must be accompanied by satisfactory evidence of ownership free and clear of any liens and encumbrances. All expenses associated with the design and construction of the Off -Site Facilities, including, but not limited to, permit fees and costs incurred in connection with inspection, installation, analysis, testing, insurance, legal work or engineering must be paid by the Contributor. The Company may install or require the installation of oversized lines or facilities with respect to the Off - Site Facilities in order for the Company to be able to provide service to other properties in accordance with the master plan of the Company. If so requested by the Company, the Contributor will be required to advance the entire cost. The cost in excess of the actual cost to serve the Contributor's property will be subject to a refundable advance agreement between the Company and the Contributor as to the contribution of third parties subsequently connecting to said Off -Site Facilities. (See Section 19.0 Refundable Advances). (Continued on Sheet No. 24.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP (Continued from Sheet No. 23.0) 3.3 SYSTEM CAPACITY CHARGES. 16 Al ORIGINAL SHEET NO. 24.0 The Company requires that all Contributors pay a pro rata share of the cost of the Company's Water Treatment Plant, as System Capacity Charges, irrespective of whether the facilities have been constructed or may in the future be constructed. System Capacity Charges are calculated based upon the estimated demand of the Contributor's proposed installations and improvements upon the Company's transmission and treatment facilities and are computed by multiplying the charges set forth on the Schedule of Fees and Charges by the estimated daily consumption provided in the Table of Daily Flows. System Capacity Charges are payable upon execution of a Developer Agreement or, at Company's discretion, one -half at the time of site development approval with the balance due at the time of building permit approval. At no time will service commence to property prior to payment in full of all System Capacity Charges. 3.4 MAIN EXTENSION CHARGES. _.- If the Company elects to be responsible for the design, construction, installation and connection of the Off -Site facilities as set forth in this policy, the Contributor must pay to the Company the Company's actual costs incurred in the acquisition, planning, design, construction and/or improvement of the Off -Site Facilities. 3.5 GALLONS PER DAY WATER AND SEWER. -- The Table of Daily Flows included with this policy will be used to compute System Capacity Charges and, if applicable, Main Extension Charges. If there are common facilities for multiple dwelling units such as irrigation, laundering, recreation facilities and commercial and commercial /residential facilities, the determination of System Capacity Charges and Main Extension Charges will be based upon the - use characteristic defined by engineering data supplied by the prospective Contributor as accepted by the Company. 4.0 DEVELOPER AGREEMENTS. Subject to Authority rules to the contrary, the Company requires a Contributor to enter into a written Developer Agreement with the Company, whose terms are consistent with the provisions of this policy. -- The Contributor, in addition to the other fees and charges set forth in this policy and the Company's Tariff, must bear the cost of the Company negotiating, preparing and executing the Developer Agreement, including the Company's attorneys' fees and administrative costs. w_ 5.0 WATER AND SEWER CAPACITY RESERVATION. Upon payment by the Contributor of all costs and charges required by the Company and execution of a -- Developer Agreement, the Company will reserve capacity, as set forth in the Developer Agreement. If, for example, the Contributor contemplates construction of a single - family residence upon the Contributor's property with a calculated demand of two hundred seventy five (275) gallons per day, that capacity will be built or reserved for the Contributor. The Company is not obligated to provide capacity or service in excess of the Contributor's reservation and may require Consumers to curtail use that exceeds the Contributor's reserved capacity, if there is an above average demand on a consistent basis, as determined by the Company. The Company may also require the Contributor to pay fees and - make necessary commitments based, in the Company's discretion, on the actual and experienced demand in those portions of the Company's service territory where demonstrated demand characteristics of customers exceed the daily rated gallons of demand as set forth in the Table of Daily Flows. (Continued on Sheet No. 25.0) Paul Marinelli Agent NAME TITLE 16 Al NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP ORIGINAL SHEET NO. 25.0 (Continued from Sheet No. 24.0) For example, when the Company's records and experience reflect that a single - family residence of the type which the Contributor proposes to build in a specific community places demand during certain times of the year equal to 600 gallons per day, the charges per gallon demand set forth in Paragraph 3.3 of this policy will be multiplied by 600 gallons. Under no circumstances will the Company be required to build or accept plans, specifications, fees, charges or agreements predicated upon demand for water service of less than 275 gallons per single - family residential equivalent per day . The Company may allocate water capacity reserved for the Contributor to other developers or Customers if the Company (i) has funds available to replace the facilities utilized by such developers or Contributors; (ii) has received preliminary approval by governmental authorities for construction of such facilities; and (iii) the anticipated completion date for construction of such new facilities is adequate to meet the Contributor's requirements for such facilities in accordance with the plan of development delivered to - the Company. If the Company allocates reserved capacity to other developers under these circumstances, the Company will notify the Contributor and inform the Contributor that the Contributor has 30 days within which to file an objection with the Company, which must include notice that the Contributor will need the reserved capacity within the indicated period. 6.0 WATER METER INSTALLATION CHARGES. The Company charges each Contributor requesting water service a Meter Installation Fee to defray the Company's actual cost for the meter(s), meter appurtenances and installation. Meter Installation Fees will be charged as set forth in the Service Availability Fees and Charges portion of the Companys Tariff. 6.1 CONSTRUCTION WATER. For water supplied to contractors for testing and/or flushing new water mains or other construction purposes, metered service shall be billed in accordance with the Companys metered water general service. Unmetered service shall be billed at the consumption rate set forth in the Tariff or, if no unmetered rate for such service is identified, at the six inch (6 ") meter rate, or other rate that is most similar to that usage. Construction Meter Deposit is $250.00 with a $25.00 connect and disconnect charge. The water meter and appurtenances at all times will remain the property of the Company. If the Contributor requests to exchange an existing meter(s) for other than normal maintenance purposes, the r Contributor will be charged the cost of the new meter, meter appurtenances and installation. 6.2 BACKFLOW PREVENTION AND CROSS CONNECTION CONTROL. It is the policy of the Company to protect the quality of its drinking water from contamination through backflow or cross connection. The Company may require a developer to install a backflow prevention device or provide protection against actual or potential connection between the water system and any (Continued on Sheet No. 26.0) Paul Marinelli Anent NAME TITLE 16 Al NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP ORIGINAL SHEET NO. 26.0 (Continued from Sheet No. 25.0) other source. At it's option, the Company may install such facilities, in which case the Contributor will be responsible for all direct and indirect actual costs associated with the installation of such facilities. Any such backflow prevention requirements will utilize commonly accepted and approved backflow prevention assemblies and test procedures. 7.0 CUSTOMER CONNECTION CHARGES. The Company charges each Contributor or Customer requesting water service a Connection (Tap -In) Charge to defray the Company's actual cost of connecting to the Companys water main. The Company collects the charge for a short line when the property to be served is located on the same side of the street as the main extension line. The charge for a long line is collected when the property to be served is located on the opposite side of the street from the main extension line. The fees will be charged as set forth in the Service Availability Fees and Charges portion of the Company's Tariff. 8.0 ACTION BY GOVERNMENTAL AUTHORITIES OR CURTAILMENT FROM OTHER CAUSES. A requirement by any governmental authority to limit or curtail utility services, such as a moratorium, or any other cause beyond the Company's control, may restrict the use of utility services or curtail excess water service use. Contributors and Customers obtain reservation of water service or water service subject to this notice of limitation. 9.0 TRANSFER OF CONTRIBUTED PROPERTY - BILLS OF SALE. The Company reserves the right to construct all facilities necessary to deliver water service to the Point of Delivery. If the Company elects to accept facilities constructed by someone other than the Company, the rules set forth in this section apply. Each Contributor who has constructed portions of facilities must convey the component parts of the facilities to the Company by Bill of Sale, in a form satisfactory to the Company's attorney, together with such evidence as may be requested by the Company that the facilities to be transferred to the w Company are free of all liens and encumbrances. Facilities constituting Customer =s connections on the Customer's side of the Point of Delivery are not to be transferred to the Company and will remain the property of individual Customers and their °- successors or assigns. The Company will not accept title to any facility constructed by someone other than the Company unless and until the Company's engineer has approved the construction of the facilities and accepted the tests that determine that the construction of the facilities is in accordance with the criteria established by the Company. The Contributor must indemnify and hold the Company harmless from any replacements or repairs required to be made to contributed facilities for two years from the date of conveyance to the Company. The Contributor must maintain accurate cost records that support the construction costs of all facilities constructed by the Contributor, which are, thereafter, conveyed to the Company. The cost information must be furnished to the Company concurrently with delivery of the Bill of Sale. Delivery of this cost information is a prerequisite to the Company accepting the facilities. (Continued on Sheet No. 27.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: 16 Al AVE MARIA UTILITY COMPANY, LLLP - - ORIGINAL SHEET NO. 27.0 (Continued from Sheet No. 26.0) The Contributor's cost records must be in sufficient detail in order for the Company to determine the description of each item being contributed, together with the cost related thereto. The cost records must include, at a minimum, the cost for permit fees, inspection, installation, analysis, testing, insurance, legal and engineering. The Company may refuse connection and deny delivery of water service to any Contributor or Customer seeking service until the provisions of this section are satisfied. w The Company's obligation to serve and maintain contributed facilities in single unit developments, such as a mobile home park, shopping center, or apartment complex, when the facilities are located wholly within the development, as opposed to public rights of way, extends only to the repair or replacement of the facilities. The Company is not liable for damages to, or the replacement or repair of, surface areas; however, the Company will exercise reasonable efforts to restore the surface area where the work was performed. 10.0 EASEMENTS AND RIGHTS -OF -WAY. In addition to any other requirement set forth in this policy and the Company's Tariff, the Contributor is responsible, at its own cost, for obtaining all easements or rights -of -way necessary, to the Company's satisfaction, in order for the Company to be able to deliver water service. Easements must contain sufficient land in order to provide ingress and egress to the property where the facilities are situated, _. together with sufficient land, as required by the Company to install, maintain, remove, repair and replace the Company's facilities. All grants or conveyances to the Company must be (i) free and clear of all liens and encumbrances, (ii) in a form proper for recording, and (iii) satisfactory to the Company's attorney. 11.0 PLAN REVIEW FEES. All engineering plans or designs for the construction of facilities by a Contributor or Customer, which "- are intended to be conveyed to the Company, are subject to review by the Company, at the Contributor or Customer's expense. The Company may charge a fee to review the plans and designs, which will based upon the actual cost to the Company, including costs for the Company's engineer's review and administrative and legal costs. 11.1 PLANS AND SPECIFICATIONS. Contributor shall cause to be prepared and delivered to Company copies of applications for permits and finalized engineering plans prepared and sealed by a professional engineer registered in the State of Florida. Plans shall show the On -Site Facilities proposed to be installed provide service to Consumers within the Property. Such detailed plans may be limited to the first development phase only, and in such instance, plans for subsequent phases shall be furnished from time to time as such phases are to be developed. However, each such development phase shall conform to a master plan for the development of the Property and such master plan shall be submitted to Company concurrent with or prior to submission of engineering plans for the first development phase. Developer may modify such master plan any time in such a manner as to not interfere with Company's existing facilities and, upon modification, shall submit copies of the modified plan to Company. Contributor shall cause its engineer to submit specifications governing the material to be used and the method and manner of installation. All such plans and specifications submitted to Company's engineer shall meet the minimum specifications of Company, as referenced in the Ave Maria Utility Company Paul Marinelli Agent -- NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP (Continued on Sheet No. 28.0) (Continued from Sheet No. 27.0) 16 Al ORIGINAL SHEET NO. 28.0 Technical Standard and Specifications and shall be subject to the approval of Company, which approval shall not be unreasonably withheld or delayed. No construction shall commence until the Company and necessary regulatory agencies, if any, have approved such plans and specifications. If permits and approved plans are returned by regulatory agencies to Developer, Developer shall submit to Company a copy of water and/or sewer permits and approved plans. Developer shall also supply to the Company an itemized list of materials and all contractors to be used covering all contract items. 12.0 APPROVAL OF CONTRACTORS. The Company has the right to approve any contractors retained by the Contributor; however, the right to approve will not be unreasonably withheld by the Company. Any contractor or similar person doing work for the Company may be required to first show a certificate of insurance acceptable to the Company. 13.0 INSPECTION OF PLUMBERS HOOK UP. It is the Contributor's responsibility to physically connect the Contributor's facilities with the Company's facilities. The Company may inspect all connections to ensure that connections are made in accordance with the Company's rules and are free from infiltration. The Contributor must notify the Company of any proposed connection with the Company's facilities. Any connection must remain available for inspection by the Company and is subject to approval by the Company. If a connection is backfilled or covered without the Company having inspected the connection, the Contributor, at its own cost, will be required to make the connection available for the Company's inspection upon demand; however, the connection will be deemed approved by the Company if the Company does not inspect the connection within 48 hours after receiving notice that the connection is ready to be inspected. The Company's right to inspect connection with its facilities does not mean that it has an obligation to inspect any connection. Moreover, inspections or tests conducted by the Company are not a guarantee - by the Company as to materials, workmanship or compliance with standards. The Contributor retains the responsibility for the proper construction, installation and connection of the facilities. 14.0 DISPOSITION OF CAPACITY BY CONTRIBUTOR. The Contributor may assign its reserved capacity if the assignee assumes all of the Contributor's obligations under the Contributor's Developer Agreement with the Company and the Contributor obtains the prior written consent of the Company.. The Company will not withhold its consent to an assignment if it is in connection with a sale of the Contributor's property. The Contributor or assignee must pay the Company's legal and administrative costs incurred in connection with the assignment. The Company will not refund the Contributors contributions -in- aid -of- construction upon any assignment. 15.0 FACILITIES CONSTRUCTION. Subject to contrary requirements set forth in the Ave Maria Utility Company Technical Standards and Specifications, if any On -Site or Off -Site Facilities are constructed by the Contributor, not less than 30 days prior to beginning construction, the Contributor must deliver to the Company a complete copy of the plans and specifications of the proposed On -Site or Off -Site Facilities. The Company will, within 20 days, determine the acceptability of the plans and specifications. If the Company objects to the plans and specifications or any part thereof, the Contributor must defer beginning construction pending the resolution of the Company's objections. Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP (Continued on Sheet No. 29.0) 16 Al Paul Marinelli Agent NAME TITLE NAME OF COMPANY. AVE MARIA UTILITY COMPANY, LL LP Al ORIGINAL SHEET NO. 29.0 (Continued from Sheet No. 28.0) 16.0 INSPECTIONS. M. Subject to contrary requirements set forth in the Ave Maria Utility Company Technical Standards and Specifications, the Company may inspect the construction of the On -Site or Off -Site Facilities being built by the Contributor. The Company may charge an inspection fee for this service based upon the actual cost to Service Company, including the cost of independent contractors and administrative and legal costs. 17.0 EXTENSION OUTSIDE TERRITORY. The Company is not obligated to provide service outside of its certificated territory; however, the Company may initiate formal proceedings before the Authority to do so on behalf of the Contributor. Under such circumstances, the Contributor will be responsible for all costs related thereto, including, but not limited to, engineering, administrative and legal costs. The Company will make extensions outside of its certificated territory only if the extensions and treatment plant reservation or expansion required to serve such extensions are economically feasible. 18.0 ADJUSTMENT PROVISIONS. The charges set forth in this policy and the Company's Tariff may be adjusted or this policy may otherwise be modified in accordance with the applicable Collier County Ordinances and the Rules and Regulations of the Authority. 19.0 REFUNDABLE ADVANCES. The Company may require a refundable advance by a Contributor to temporarily defray the cost of any - extension of facilities in excess of the size necessary to connect the Contributor's property with the Company's existing facilities. The Contributor may be required to advance to the Company additional Main Extension Charges or contribute additional facilities based upon the anticipated hydraulic load requirements of other undeveloped properties in accordance with the Company's master plan to serve surrounding areas. Charges paid by a Contributor beyond the Contributor's hydraulic share will be refunded to the Contributor in accordance with a refunding agreement that the Company negotiates with the Contributor, to be set forth in the Developer Agreement between the Company and Contributor. The refunding agreement will provide for a plan of refund based upon the extent of the Contributor's hydraulic share as compared to the cost of providing service to the other properties to be served by such facilities. The Company may limit the term of the refunding agreement to five years, after which the portion of the refund made to the Contributor will be retained by the Company. A Contributor may not recover an amount greater than the difference between the capitalized cost of such improvements and the Contributor's own share of such improvement. The company does not include interest on the refund due the Contributor. The Company will make refunds to a Contributor on a pro rata basis as connections are made to the Company's facilities and payment for connection is made to the Company. The Company is not required to refund to a Contributor more than the Company has collected. Refunds by the Company to a Contributor is made on a semi - annual basis. Paul Marinelli Agent NAME TITLE b� NAME OF COMPANY: 16 Al AVE MARIA UTILITY COMPANY, LLLP ORIGINAL SHEET NO. 30.0 TABLE OF DAILY FLOWS FOR VARIOUS OCCUPANCIES Types of Building Usage 238 gpd (1) Apartments.................................................................................................. ............................... 22 gpcd (2) Barsand Cocktail Lounges ............................................................................ ............................... 94 gpcd Boarding Schools (students and staff) ............................................................ lane ) ............................... ............................... 55 gpd Bowling Alleys toilet wastes only, per .................. ................................. 9 Y ( Y P 28 gpcd Country Clubs (per member) ................................. ............................... .......... ............................... ............................... 25 gpcd Day Schools (students and staff) .................................................................... 5 gpd Drive -In Theaters (p er cars ) ••••••••••.•••••••..•••..•••• ........................................ p ace ............................... 31 gpcd Factories (with showers) .......................................................................... ............................... gpd /100 sq ft Factories (without showers) .......•••..•...•.•..••••••••••••• •••••............•••••.......•• — 278 gpd /bed Hospitals (with with laundr ........................................... P Y) ... ............................... ............................... . . .. . .. 75 gpd /bed Hospitals (without laundry) ..................... ............... .............................. ............................... 70 gpd /rm or unit Hotels and Motels .. ............................... ........................... ............................... .................. 500 gpd /washer .................................... ............................... Laundromats ............... .... ............................... 155 gpd /trailer MobileHome Parks ................ ............................... .......•..•••..•••...••••••••••• Movie Theatres, Auditoriums, Churches (per seat ) ............................... •............•.......••••••.••• . .......... 45 gpd ............................ 35 gpd /100 sq ft NursingHomes ...................... ............................................................................................ 9 gpd /100 sq ft Office Buildings ..................................................................................... Public Institutions (other than those listed herein) ............................................ ............................... ............................... 9 gpcd 11 gpcd Restaurants (per seat ........ ............................... ........................ 3 gpcd Restaurants (fast food) (per seat) .............................................. ............................... Single- Family Residential 275 gpd Water: 5/8 x 3/4" meter ..................................................................... ............................... 275 gpd 1" meter ............................................................................................. ............................... 275 gpd -,. 2" meter ............................................................................................. ............................... gpd Sewer: ................................................................................................ ............................. Townhouse Residences (3) .................................................. ............................... — ............................... 258 gpd 5 gpd (P ) ....................................... Stadiums, Frontons, Ball Parks, etc. (per seat ............ .............................11 gpd /100 sq ft Stores (without kitchen waste) ............................................................ ............................... 11 gpd plus Speculative Buildings ................. _ gpd /100 sq ft Warehouses ................... ........................................................... ............................... .................. 10 gpd plus — gpd /1000 sq ft (1) gpd - gallons per day (2) gpcd - gallons per capita per day (3) Condominiums shall be rated in accordance with the type (apartments, townhouses, etc.) Water Tariff - August 8 version.wpd Paul Marinelli Agent NAME TITLE 16 Al Exhibit "K" Initial Rate Study and Rate Design 16 Al Ave Maria Utility Company, LLLP Initial Rate Study And Rate Design July 2004 GUASTELLA ASSOCIATES, INC. 100 BOYLSTON ST., SUITE 800, BOSTON, MA 02116 Table of Contents Letter of Transmittal Income Statement — Complete System INTRODUCTION Rate Design - Wastewater EXECUTIVE SUMMARY Rate Design — Effluent Reuse REVENUE REQUIREMENT Revenues - Wastewater WATER Revenues Schedule 10.1 Operating Expenses Schedule 10.2 Net Operating Income Schedule 1l Rate Base Schedule 11A.1 -- Complete System Analysis Schedule l l A.2 Plant in Service - Effluent Reuse WASTEWATER Revenues Schedule 11 B.2 - Operating Expenses Schedule I I C Net Operating Income Schedule 1 l D Rate Base Schedule 12 CONCLUSION Schedule 13.1 Billing Analysis — Wastewater APPENDIX A — WATER -- Schedule 1 Income Statement — Complete System Schedule 2 Rate Design Schedule 2A Revenues Schedule 3 Expense Accounts Schedule 4 Rate Base Schedule 4A Plant in Service Schedule 4B Accumulated Depreciation Schedule 4C CIAC — T &D system Schedule 4D Amortization of CIAC — T& D System Schedule 5 Capital Structure Schedule 6 Billing Analysis Schedule 7 System Capacity Charge Analysis Work Papers W -1 to W -]0 APPENDIX B —WASTEWATER Schedule 8 Income Statement — Complete System Schedule 9.1 Rate Design - Wastewater Schedule 9.2 Rate Design — Effluent Reuse Schedule 9A.1 Revenues - Wastewater Schedule 9A.2 Revenues — Effluent Reuse Schedule 10.1 Expense Accounts — Wastewater Schedule 10.2 Expense Accounts — Effluent Reuse Schedule 1l Rate Base - Wastewater Schedule 11A.1 Plant in Service - Wastewater Schedule l l A.2 Plant in Service - Effluent Reuse Schedule 11 B.1 Accumulated Depreciation - Wastewater Schedule 11 B.2 Accumulated Depreciation — Effluent Reuse Schedule I I C CIAC Collection & Pumping System Schedule 1 l D Amortization of CIAC — Collection & Pumping Schedule 12 Capital Structure Schedule 13.1 Billing Analysis — Wastewater Schedule 13.2 Billing Analysis — Effluent Reuse Schedule 14 System Capacity Charge Analysis Work Papers S -1 to S -8 APPENDIX C — MAJOR ASSUMPTIONS APPENDIX D — QUALIFICATIONS & EXPERIENCE 16 Al Page 1 2 4 4 5 5 6 6 7 8 8 8 8 GUASTELLA ASSOCIATES, INC. UTILITY MANAGEMENT • VALUATION • RATE CONSULTANTS July 30, 2004 Mr. David B. Genson, P.E. Ave Maria Utility Company, LLLP 2600 Golden Gate Parkway Naples, Florida 34105 RE: Water and Wastewater Rate Study 16 Al 100 BOYLSTON ST. SUITE 800 BOSTON, MA 02116 TEL: (617) 423 -3030 FAX: (617) 423 -2929 Dear Mr. Genson: We have completed our rate study of the planned water and wastewater operations of Ave Maria Utility Company, LLLP ( "AMUC "). This report summarizes the results of our analyses. AMUC's revenue requirements or total cost of providing water, wastewater and effluent reuse service have been projected for a complete system necessary to serve various development projects in a new community, including Ave Maria University facilities. On the basis of the number of customers anticipated to be served by AMUC, the study also determines the initial rates necessary to cover the projected cost of service. - ° This report provides a narrative description of the rate analysis and contains summary schedules and supporting work papers in order to explain the rate setting principles and calculations used to determine the various rates. We appreciate this opportunity to provide consulting services, and are available to answer any questions you may have regarding our findings. A statement of qualifications and experience is contained in Appendix D. Respectfully submitted, GUASTELLA ASSOCIATES, INC. John F. Guastella. P.E. President W W W.GUASTELLA.COM 16 Al INTRODUCTION Ave Maria Utility Company, LLLP ( "AMUC" or "Company ") is a utility that has been created to provide water and wastewater service in an area within the Ave Maria Stewardship Community District, in the eastern area of Collier County. AMUC is a partnership formed by New Town Management, LLC and New Town Development, LLLP. The planned development projects in this area include new facilities of Ave -- Maria University, a core -area town community and other surrounding residential and commercial real estate. It is anticipated that the currently contemplated development will be completed in 2021, and AMUC will provide water and wastewater service to some 10,000 residential customers and 1,000 commercial customers, including Ave Maria University facilities. The purpose of this study is to determine the overall costs of providing water and w wastewater service, or revenue requirements, and the resultant rates and charges that will enable AMUC to provide safe and adequate service. The study has been performed on the basis of generally accepted utility economic, accounting and rate setting principles, and guided by the applicable ordinances and requirements of Collier County. The sources of information as to the projection of the costs of constructing and operating the utility facilities, and the scope of the development project in terms of service area and potential customers, were obtained from other consulting firms that will be involved in the design, construction and operation of the utility systems, and the staff of AMUC. In addition to basic construction and operating costs, such other cost components have been included to reflect overheads, depreciation, accounting, regulatory fees, etc. AMUC's attorneys have provided typical tariff schedule forms, advice as to ordinance requirements and general legal guidance. 16 Al EXECUTIVE SUMMARY This rate study conforms to the legal guidepost decision of the Supreme Court, Federal Power Commission v The Hope Natural Gas Co 320 U.S. 591 (1944), that utilities must be given enough revenues to cover operating expenses as well as capital costs, and that the return to the equity owner should be commensurate with risks on -_ investments in other enterprises having comparable risks and should be sufficient to assure confidence in the financial integrity of the enterprise so as to maintain its credit and attract capital. As a balanced approach, AMUC's revenue requirement has been calculated so that utility customers do not bear the risk of success with respect to the real -- estate project, and will pay rates that only cover the reasonable cost of providing utility service. The goal is to create a financially strong utility, even after the real estate project is complete, so that it will be able to attract capital on the strength of its own financial condition, and continue to make plant replacements and improvements that will be necessary to provide safe and adequate service in the future. Consistent with applicable regulatory rate - setting principles, rates of newly created developer- related utilities should not result in having the utility's ratepayers subsidize the risk of the success or failure of the real estate business. Specifically, the investment and cost of operations of the utility during the growth years can not be supported by the relatively small the numbers of customers being added from year to year in relation to the installed system. Accordingly, because the rates have been calculated to reflect a full complement of customers, they initially will produce operating deficits and little or no return on investment. The customers added during the growth years will pay only a proportionate share of the cost of providing service, and the utility owners will automatically absorb the operating deficits and lack of earnings during those growth years. 2 16 Al These "carrying costs" absorbed by the utility owners represent the cost to create a functioning utility business as a going concern. The magnitude of these carrying costs will be significant, depending on the rate of growth and the duration of the growth period. It is projected that utility service will first be provided in 2006 and the planned development project will be completed in 2021. Under the "Complete System" analysis, the utility rates have been calculated on the basis of the projected number of customers at the end of 2021, the net investment of utility plant in service at that time and the cost of operations, in current, uninflated dollars so that current customers will not pay rates for service on the basis of future price levels for operating expenses. It is therefore anticipated that any increase in operating expenses in the future due to inflation, operational and construction changes, delays, variances in system characteristics or other unanticipated changes will require compensatory revisions to the general rates for service. The possible occurrence of such future events, however, does not alter the compensatory nature of the revenue requirement and resultant rates established in this analysis. Accordingly, AMUC's potential customers can anticipate paying utility rates that reflect only the cost of providing utility service, and they will not bear any of the risks of the success or failure of the real estate business; the prices they are willing to pay for real estate will reflect the market value of the real estate. In other words, the utility rates have been established so that the utility customers pay for utility service and do not bear any risks related to the success or failure of the real estate development. 3 16 A 1, REVENUE REQUIREMENT The calculations of revenue requirements for the water and wastewater operations of AMUC are illustrated in a number of summary schedules. Separate but similar schedules are included for the water and wastewater operations. The "WATER" schedules are numbered 1 through 7, attached as Appendix A. This appendix also includes work papers that provide detailed information and calculations supporting the summary schedules. The "WASTEWATER" schedules are numbered 8 through 14, attached as Appendix B, along with supporting work papers. Appendix C lists the major assumptions used in preparing the revenue requirements and resultant rates. WATER Schedule 1 contains a projected income statement for a complete system. The operating revenues of $4,985,107 represent the revenue requirement, or the sum of each component of operating expense plus the net operating income that has been projected to serve a full complement of customers. This schedule contains references for each figure to identify supporting schedules. Revenues There are three schedules that provide information with respect to revenues. Schedule 2 shows the allocation of each cost component in order to determine the monthly base facility charge per ERC and usage rate. Schedule 2A shows, for each year of the projection period, the billing units (consumption and ERCs) by customer class, and the revenues that would be generated by each customer class under the proposed rates. Schedule 6 contains a summary billing analysis for the complete system, showing the 2 16 Al application of the proposed monthly service charges to the ERCs by meter size and the application of the usage rate to the projected consumption. Operating Expenses Schedule 3 shows the line item operation and maintenance expense projections for each year of the projection period, along with depreciation expense and payroll, -W property and regulatory assessment taxes. Additional information with respect to depreciation is shown on Schedules 4B and 4D. Schedule 4B sets forth the average service lives, by primary plant account, and the annual depreciation for each year of the projected period, calculated according to the growth in ERCs each year. Schedule 4D also shows the depreciation for each year of the projection period, net of the amortization of CIAC. The proposed revenue requirement does not include recovery of depreciation -- expense on CIAC, an option under the County's Ordinance 96 -6, Section 1 -6, H, 1, because contributed assets and cash contributions for construction are not initially funded by the utility. This treatment more accurately reflects the cost of providing service and is consistent with the predominant treatment of the amortization of CIAC throughout the country. It is also consistent with the County's ordinance in that all CIAC has been treated as a deduction to the rate base. It is noted that the exclusion of depreciation expense on CIAC would support the need for a higher rate of return because the resultant lower cash flow will require more outside financing. Net Operating Income The net operating income is calculated by multiplying the rate base by rate of return. The rate of return is determined according to the capital structure, synchronized to the rate base, and weighted cost of capital as shown in Schedule 5. As previously stated, AMUC will not earn a full return on its investment during the growth years. The 9 16 Al shortfall in earnings - - and operating deficits will automatically be absorbed by the owners, representing the carrying costs necessary to create the utility. Rate Base The rate base calculation is set forth on Schedule 4, which also contains reference schedules for each major component. The utility plant in service is summarized for each - year of the projection period, by primary plant account, on Schedule 4A. Work papers W -1 through W -7 provide additional detail of the projections, by year and by plant account, for each major plant expansion, along with summary schedules. The accumulated depreciation is shown on Schedule 4B for each year of the projection period, by plant account, along with the average services lives typically used as a guideline by the Florida Public Service Commission. Contributions in Aid of Construction are comprised of the water distribution system to be constructed by developers and conveyed to AMUC, as shown on Schedule 4C, and also Service Availability Charges for other components of the transmissions and distribution system as calculated on Schedule 7. The total CIAC is projected to be within the limit of 75% of the net plant investment at completion. The amortization of CIAC is projected on Schedule 41), using the same amortization periods as the average service lives of the respective primary plant accounts. Complete System Analysis As previously discussed, the rate analysis is based on a fully developed system, reflecting revenues from all anticipated customers. This methodology assures that the customers added during the growth years will pay only a fair proportionate share of the cost providing utility service. The operating expenses have been projected using current, uninflated dollars so that the initial rates will reflect current, not future, price levels. 6 16 Al Because systems must be designed to have sufficient capacity to provide a "cushion" above the projected actual demands of all connected customers, it has been assumed that �. the full complement of customers will actually utilize about 80% of the designed capacity. The utility systems would of course still be considered 100% used and useful. Accordingly, the complete system rate analysis is consistent with Rule 1.7 (4) (c) of -- Collier County's rules for water and wastewater systems, which calls for a projection of operating expenses expected when 80% of the design capacity of the system is utilize by customers. This analysis is also consistent with Ordinance 96 -6, Section 1 -6, G, 3, that calls for projections of financial and operating data to a point in time when the utility is expected to be providing utility service at a reasonable capacity. WASTEWATER The wastewater schedules are formatted and arranged the same as the water schedules. Schedule 8 shows the operating revenues (revenue requirement) in the amount of $7,739,958. Each component of the revenue requirement is referenced to a supporting schedule. Revenues The wastewater operating revenues shown in Schedule 8 include "Effluent Reuse" sales in addition to general "Wastewater" service. Reference Schedule 9.1 contains the rate design for the wastewater rates, and Schedule 9.2 for the effluent reuse rates. The revenue projections by year and customer class are shown in Schedule 9A.1 and 9A.2 for wastewater and effluent reuse, respectively. Billing analyses are shown in Schedules 13.1 and 13.2 for wastewater and effluent reuse, respectively. 7 16 Al Operating Expenses ~ The detailed operating expenses are projected for each year on Schedule 10.1 and 10.2 for wastewater and effluent reuse, respectively, including depreciation expense. The total annual depreciation expenses (and accumulated depreciation) for wastewater and effluent reuse are also shown, by year, on Schedules 11B.1 and I IB.2, respectively. The amortization of CIAC is projected, by year on Schedule I ID for wastewater; there is no CIAC for the effluent reuse and, therefore, no amortization of CIAC. Net Operating Income The net operating income is based on the capital structure, synchronized to rate base, and rate of return as calculated on Schedule 12. While the rate of return is the same for wastewater and effluent reuse, the net operating income varies according to rate base. Rate Base The rate base, in total and for wastewater and effluent reuse, is calculated on Schedule 11. Schedule 11 contains references to schedules that provide details, by year, for Plant in Service, Accumulated Depreciation, Contributions in Aid of Construction and Amortization of CIAC. CONCLUSION I to provide safe and adequate water and wastewater The primary goal of AMUC service to the customers of a new community, in compliance with all regulatory and environmental requirements. We have carefully projected the capital and operating costs that will enable AMUC to meet that goal. The proposed rates reflect the recovery of those costs for a complete system that includes the anticipated number of customers. 8 16" Al Accordingly, each customer added during the growth years will pay only for the cost of utility service on a proportionate basis. The proposed rates reflect proper utility rate -- setting and economic principles. Respectfully submitted, GUASTELLA ASSOCIATES, INC. 4'., J� John F. Guastella President G c G C. ite Director of Accounting 9 16'Al Appendix "A" Water schedule 6 Al Sched - Ave Maria Utility Company, LLLP WATER Income Statement - Complete System Reference Water Operating Revenues Sch 2, 2A, 6 $4,985,107 O &M Expenses Sch 3 2,110,303 Depreciation Sch 3, 4B &4D 838,906 Payroll Taxes Sch 3 22,135 Property Taxes Sch 3 403,090 Regulatory Assessment Tax Sch 3 124,628 Federal and State Income Tax 0 Net Operating Income Sch 5 $1,486,045 Interest Expense Sch 5 710,717 Net Income Sch 5 $775,328 Rate Base Sch 4 $17,229,508 Rate of Return Sch 5 8.625% Ave Maria Utility Company, LLLP WATER Rate Design 403 Depreciation 838,906 Base 0 TOTAL DEPREC. & AMORT. Test Facility Gallonage 408 Property Taxes Year Charge Charge 601 Salaries and Wages 283,778 50% 50% 603 Officers Salaries 60,000 50% 50% 604 Pension & Benefits 90,809 50% 50% 610 Purchased Water 0 5,000 100% 615 Purchased Power 433,579 3,716 100% 616 Fuel for Power 0 52,616 100% 100% 618 Chemicals 249,124 219,209 50% 50% 620 Materials and Supplies 6,442 50% 50% 631 Contract Service -Engr 5,000 20,206 0 632 Contract Service -Acctg 5,000 50% 50% 633 Contract Service -Legal 10,000 50% 50% 634 Contract Service -Mgmt 270,374 50% 50% 635 Contract Service- Testing 7,432 50% 50% 636 Contract Service- Others 269,541 50% 50% Contract Service -Bkkg. Etc 105,231 50% 50% 641 Rental of Bldgs /Property 0 100% 51,097 642 Rental of Equipment 36 100% 650 Transportation Expense 12,883 50% 50% 656 Insurance - Vehicles 3,500 100% 657 Insurance - Liability 14,686 100% 658 Insurance - Workers Comp. 20,206 100% 659 Insurance - Others 0 100% 660 Advertising 80 50% 50% 666 Rate Case Expense 15,000 50% 50% 667 Reg. Commission Exp 2,500 50% 50% 670 Bad Debt Expense 21,002 50% 50% 675 Miscellaneous Expense 11,334 50% 50% TOTAL O &M EXPENSE 2,110,303 403 Depreciation 838,906 407 Amortization 0 TOTAL DEPREC. & AMORT. 838,906 408 Payroll Taxes 22,135 408 Property Taxes 403,090 408 Regulatory Assessment Tax 124,628 TOTAL TAXES, OTHER 549,853 409 Federal and State Income Tax 0 TOTAL INCOME TAXES 0 RETURN ON INVESTMENT 1,486,045 TOTAL REVENUE REQUIREMENT $4,985,107 Annual Base Charge Per ERC Gallonage Charge Per 1,000 Gals. 100% 100% 100% 100% 59% 41% 0% 100% 59% 41% 16 Al Base Facility Gallonage Cost Cost 141,889 141,889 30,000 30,000 45,404 45,404 0 0 0 433,579 0 0 0 249,124 109,604 109,604 2,500 2,500 2,500 2,500 5,000 5,000 135,187 135,187 3,716 3,716 134,771 134,771 52,616 52,616 0 0 36 0 6,442 6,442 3,500 0 14,686 0 20,206 0 0 0 40 40 7,500 7,500 1,250 1,250 10,501 10,501 5,667 5,667 733,014 1,377,289 838,906 0 0 0 838,906 0 22,135 0 403,090 0 73,530 51,097 498,755 51,097 11,230.7 Meter Equivalent (ERCs) 1,285,693.9 tg 0 0 0 0 876,767 609,278 $2,947,443 $2,037,665 59.00% 41.00% $263.04 $1.58 16 A I ooQO�norn .4 oo oo!`no -o N0 N000M�t6 N O'J rt7 N Vi tO r7,,o m� M ON to m'A d W m V OOl°p 00 •- (ViA tp N"�' N N mOmi o tD J m NOO u)rN r r th - W vi Q Q d C pr N N 1A t9 W L u Q N O O O O O O? 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I- 8� 2 l 1 8� i 4 c; !� I o o IS S ONE vv w 1: c; 1: i 6 -i i c4 m O 16 a; li 16 ai 9.6 v� cl; o.° -NNON C CL oD cli c� cq ont — I I o I K 28.— . . . 14 1� ci 'i w oW 211—m lo 8 c� m cli 1� O S 0 O tq ll� 113 1 14 rl: 1: 1� li i 2,12;; 2 1 li c5 6 w; li 2 1 2 ct O. O b vi Ili O ct F e U) it e .8- .91 8.86 -,-.b -6, 21 2 x .1 �2 19 L� lxxm 6 U Z t5 7a e L 1! 12 E. .2 .Hg -@ggag Q L) M M o o L) m, m, Pl f N 11 1 1 1 1� 2 2 . . 1 1 o� , 1 .. . mac G G . . . . . . . . . . . . . . . 16 WE Ave Maria Utility Company, LLLP Schedule 4 WATER Rate Base RafarannP Water Plant in Service Accumulated Depreciation Contributions in Aid of Constr. Amortization of CIAC Net Plant Working Capital (1 /8th O &M) Unamort. Bal. -Rate Case Exp Rate Base Net Operating Income Rate of Return Sch 4A, WP W1 to W/ $bZ'b;31,U /5 Sch 4B (12,244,768) Sch 4C, 7 (39,477,214) Sch 4D 6,026,627 16,935,720 263,788 30,000 $17,229,508 Sch 1, 5 $1,486,045 Sch 5 8.625% 16'Al N e m °mN m� 16 N � ... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C O ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 °° o m vmNi 0 0 0 0 0 0 0 0 0. ry 0 0 0 0 0 0 0 ... o O p o o° o 0 0 o a o 0 0 0 0 m N m N W ; m 000 00 o$1p og0 o 0 0 0 0 0 ... .... 0 0 0 0 o a o 0 0 0 0 o N Q C w 3 M C o °o ° ° °o °° °ohm m88m ° °0 °000 °0° ° ° ° °O ° ° °o ° ° E n _ E E _ E E.a a E m a = i 6 E _ E E` P. m N>; c '' °- a M N ❑ 'o � i LL E n �_ n E p N E rc E E `o EN' ¢ E '„' D¢ E w p E A t7 E w w w a a° z � `m _ .win - °�E �r =w E °° T 0 t Z a „o`LLo_ �,u _°3` =�'naa "ov vi35„ wo�mszm "oa -'�No� a °c>oa3 - a_ ,.� mmmmmmmm83 °mm mmmmmmm8ID8mmmmmmmmmm Q1 � a� ry � m m�m em ry rv� `" � •- f 16 w z Ea 6 rvrvm m'&° °i m � 1 ..«. o00 000o�o��rvo oP�° °o�v -mmom omm$�mm�m °m °° °omen o00 0 0� m mn 000 ohm o f rv� v 000 o m �o 000 ° m�e,i�oN c' c' 000 0° o o$P fry rom IQ 1� III c4 vw Iq 10 000 o rvm N mN o0o mho o�N ° fmfm mry c 0 ry � ry a 9 w 3 °1 o00 o N�m �m ary w 000 0 !ry ry ne 000 o�ory o m0 r n rvv_rv"mmm 2 J ° ry n .n v ry v n ry ry ry n ry ry n n v v ry v IN ry a_ m E-` E¢ °"' E E E E n E n n' _n E ` w ` v z 2 - 'E a E� E 'c Q a E E m - o E¢ E E _ aJ am`,ti << m- °c E c.N ¢N ac jcW Z.ffiu jo I -s to .arc W wr`a `'aEa A n mwo m°9E'mg»`m m m -ALu - gEmcv, =m wNH `m2 ::a 5`c °? @`�'oau E'm"mzud ---� aoLLbN in��3 =inaati €�y35o `o�m�imb`�, fno m�� c�baaa Al \ 16 Al°&7k7R7` °§ p## §\ &((( cli } � � . _ ao4 ci \ 2 k§/ d NNIn�V10�p �-ro phtpd OI 17MN T ill T U Erir�mc�i uio 0 16 A N Qm m•r� m N�o �+ N day rvio �_ninome Ecu1°iM cc� � m Ewo ¢ o`rnm� °m -� M•n�°o �°N'4 °iy �'m"vfO look n o r m m o m _ "'�o�mM�rmi Sao om m ------------ °i mn mNN � �oo� �N m uio nm^m Mi momo -� a; - �N m o,ri mm v N.^n NNO m nm.� °i m Ng enNmu' p `i°io Na E m oNd. -� �m minarv' udi�w� •� nm a °md --vas dm�`m�' aao ot! ~ N m •n m p W Q m N -It Iq goo N m cOfv Nc� M M^ M m ry y .� m w o N 1 -. m N r N o� m , � w w p° M m m �cmi m m° �I� n N g m n , d O� i i,•�' N •� m N� o„ dm r N m m op M O N p m p O N m o m m N T C •`? � O O Nl ^ I w n 0 M Vi d O V N d d N N m J N 2 V1 Q m U Z U O W U o ¢ O U - _ nip Z. 1 n V d = E N ° a a• 5 a 2 0 23 U w D a'S�zz0 ` wU o33n�i=mo¢¢a °¢ a 16 Al Ave Maria Utility Company, LLLP Schedule 5 WATER Capital Structure Weighted Return Amount Ratio Cost Rate Cost Requirement Long -Term Debt $9,476,229 55.0% 7.5% 4.125% $710,717 Common Equity $7,753,279 45.0% 10.0% 4.500% $775,328 Total $17,229,508 100.0% 8.625% $1,486,045 Ave Maria Utility Company, LLLP Residential: 5/8" x 3/4" 1" 1 1/2" 2„ 3" 4" 6„ 8" General Service: 16 Al Schedule 6 5/8" x 3/4" WATER 870.0 ill Billing Analysis 1 1/2" 18 90.7 2" Monthly Usage 0.0 -- 3„ Meter Service Charge Annual Customers Equivalents Charge per 1,000 g. Revenues 0.0 10,000 10,000.0 $21.92 $2,630,400 0 0.0 $54.80 0 24 120.0 $109.60 31,565 0 0.0 $175.36 0 0 0.0 $328.80 0 0 0.0 $548.00 0 0 0.0 $1,096.00 0 0 0.0 $1,753.60 0 10,024 10,120.0 $2,661,965 5/8" x 3/4" 870 870.0 ill 60 150.0 1 1/2" 18 90.7 2" 0 0.0 -- 3„ 0 0.0 4" 0 0.0 6„ 0 0.0 8" 0 0.0 948 1,110.7 Annual Consumption (1,000 g.) 1,285,693.9 Total Annual Water Utility Operating Revenue Revenue Requirement $21.92 $54.80 $109.60 $175.36 $328.80 $548.00 $1,096.00 $1,753.60 $228,845 39,456 23,851 0 0 0 0 $1.58 $2,031,396 $4,985,513 $4,985,107 Ave Maria Utility Company, LLLP WATER System Capacity Charge Analysis A Gross Plant B Land C Depreciable Assets (A -B) D Accumulated Depreciation to Date E Accumulated Depreciation at Design Capacity F Net Plant at Design Capacity, includes Land (A -E) G Transmission and Distribution Mains H Minimum Level of CIAC (G /A) I CIAC to Date J Accumulated Amortization of CIAC to Date K Future Customers (ERCs) to be Connected L Number of Years to Design Capacity M Existing System Capacity Charges per ERC N Level of CIAC at Design Capacity (M /F) O Requested CIAC at Design Capacity P Accumulated Amortization of CIAC at Design Capacity Q Net CIAC (O -P) R Net Plant at Design Capacity, includes Land (A -E) S Level of CIAC at Design Capacity (Q /R) T Total System Capacity Cost per ERC (O /K) U Maximum Level of CIAC (Rule 25- 30.580, Fla Adm Code) CIAC Summary: Cash CIAC per ERC ERCs at Completion Total Cash CIAC Total CIAC Property Total CIAC at Completion (Design Capacity) 16 Al Schedule 7 $62,631,075 162,800 62,468,275 0 12,244,768 50,386,307 25,562,792 40.81% 0 0 12,808.9 16 $0.00 0% $39,477,214 $6,026,627 $33,450,587 $50,386,307 66.39% $3,082.01 75.00% $543.07 12,808.9 $6,956,132 32,521,082 $39,477,214 A El- III ° § f ` lo _ # aaG2" - )G @;,r; )l�6.6 - ktm&m l�4A#§5\ § :2 m 2 ; G f |7§ }f]\ § ( §§S§5! . \/222222 & E 3 - 5 {( })� /\ \\ } - /)§2; :m/ !m / Ir f \/ 15 \! , ° \\ƒ < <0 Q loo 16 Al ) - E - (! k!! 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E Z m w o p W c w 'v W a t o'p = w L a5 A w Q S a c EL a E E E '-ac w e o E m � E w vOi o� E N a d c w � E W V e l o. w lL V2- c y c ._ c ; yw 0. �n� �aw�a cEmc =�o a' uj � a Lo is a w w 0 V? m = 1- �= t v c 2 m c m[ 2 m m 2 «' T" t c 2� N o o$ 3 E r a gui 1pOLLO �J VIUJ3 -�0n a °a0 E�N'SO a�inoFin g =m0 ��(n @N ~tea °UFO � •- m U _ 0. � •- �- N N N N N N N N N N y M M M M .� d d Q d d d d d d a NI� .'° Q W n O m U d N r 0 0 O M U 0 0 rp 0 0 O O N M E O O M M M CJ M M O O Q Q C d d Q Q Q Q W H Q d - M U F U` 16t Al AVE MARIA UTILITY COMPANY, LLLP 16 Al Workpaper W -6 WATER PLANT COSTS Phase I Phase II Phase III Phase IV Phase V Plant Capacity (mgd) 1.0 1.0 2.0 3.0 4.0 5.0 Intangible Plant 301.1 Organization 0 0 0 0 0 302.1 Franchise 0 0 0 0 0 339.1 Other Plant / Misc. Equipment 0 0 0 0 0 Source of Supply and Pumping Plant 303.2 Land and Land Rights 0 0 0 0 0 304.2 Structures and Improvements 601,042 400,694 123,900 118,943 105,057 105,927 305.2 Collecting and Impound Reservoirs 0 0 0 0 0 306.2 Lake, River & Other Intakes 0 0 0 0 0 307.2 Wells and Springs 1,131,803 810,703 839,831 918,700 952,876 M° 308.2 Infiltration Galleries and Tunnels 0 0 0 0 0 309.2 Supply Mains 232,389 252,389 265,210 290,116 305,291 310.2 Power Generation Equipment 182,209 197,880 0 227,450 0 311.2 Pumping Equipment 437,102 291,401 148,374 222,616 235,170 190,113 339.2 Other Plant / Misc. Equipment 0 0 0 0 0 Water Treatment Plant 303.3 Land and Land Rights 0 0 0 0 0 304.3 Structures and Improvements 703,222 703,222 877,700 1,536,610 1,069,033 1,097,196 320.3 Water Treatment Equipment 579,704 579,704 989,364 1,581,616 812,324 854,813 339.3 Other Plant / Misc. Equipment 0 0 0 0 0 Transmission and Distribution Plant 303.4 Land and Land Rights 0 0 0 0 0 304.4 Structures and Improvements 0 0 0 0 0 330.4 Distribution Reservoirs and Standpipes 1,161,115 0 1,181,036 0 0 0 331.4 Transmission and Distribution Mains 0 0 0 0 0 333.4 Services 0 0 0 0 0 334.4 Meters and Meter Installations 0 0 0 0 0 335.4 Hydrants 0 0 0 0 0 336.4 Backflow Prevention Devices 0 0 0 0 0 339.4 Other Plant / Misc. Equipment 0 0 0 0 0 General Plant 303.5 Land and Land Rights 0 0 0 0 0 304.5 Structures and Improvements 903,076 0 179,957 225,027 246,159 212,778 340.5 Office Furniture and Fixtures 0 0 0 0 0 341.5 Transportation Equipment 0 0 0 0 0 342.5 Stores Equipment 0 0 0 0 0 343.5 Tools, Shop and Garage Equipment 0 0 0 0 0 344.5 Laboratory Equipment 0 0 0 0 0 345.5 Power Operated Equipment 0 0 0 0 0 346.5 Communication Equipment 0 0 0 0 0 M_ 347.5 Miscellaneous Equipment 0 0 0 0 0 348.5 Other Tangible Plant 0 0 0 0 0 $5,931,661 $1,975,022 $4,761,302 $4,789,852 $3,904,008 $3,718,994 r Q Q N m uT O o Q m m u� 0 0 0 0 0 0 7 0 0 0 0 0 0 0 0 0 0 0 0 0 . °» NN m m OOO 16 t�0 M N N N N mi Q N N N O l0° O m O N V) N m A — O �fI OQ N N ° m M u1 m N N m m Q N N F >o > moo °� N N O N pp O O O O 0 0 S O 0 0 m0 < O �'j O O O O O O O N O m N �N[J N O m m n m m N N N I N m m o mim r_ moom�n o Om O °n°no cO-moNn- m u>co N.- m O N m r am0 N � Np O m O O ° ° O S m� to (O n pU1 m nm Q m O M O O Q ry n O m' .mN-- m r m M N O N m m N Q N Nj ' N pp pp m O Q m o N m Q O N O •- O O O O O O p O O O i�INQ_�r°. mrnmLF m Q om ui o�i� aom � W m o uNi�o `n rrivv� O "'0 °' m �- 0 o O umi�o °� vcnmo °r> tO o O Q O N m M u1 m n N O O m N N o 0 Q n o o 0 p O O Q m m m Q m N m O 4? 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Appendix "B" Wastewater Ave Maria Utility Company, LLLP Operating Revenues O &M Expenses M Depreciation Payroll Taxes Property Taxes Regulatory Assessment Tax - Federal and State Income Tax Net Operating Income Interest Expense Net Income Rate Base Rate of Return 16 Al Schedule 8 WASTEWATER Income Statement - Complete System Reference Wastewater Effluent Reuse Total System Sch 9.1, 9.2, $7,190,799 $549,159 $7,739,958 9A.1,9A.2, 13.1, 13.2 Sch 10.1, 10.2 2,904,341 193,528 3,097,869 Sch 10.1, 10.2, 1,412,925 95,747 1,508,672 11B.1, 118.2 & 11D Sch 10.1, 10.2 22,135 2,213 24,348 Sch 10.1, 10.2 436,775 20,529 457,304 Sch 10.1, 10.2 179,770 13,729 193,499 0 0 0 Sch 12 $2,234,854 $223,413 $2,458,267 Sch 12 1,068,843 106,850 1,175,693 Sch 12 $1,166,011 $116,563 $1,282,574 Sch 11 $25,911,345 $2,590,296 $28,501,641 Sch 12 8.625% 8.625% 8.625% m.. 16 Al Ave Maria Utility Company, LLLP S WASTEWATER Rate Design Base Base -- Test Facility Gallonage Facility Gallonage Year Charge Charge Cost Cost 701 Salaries and Wages x283,778 50% 50% 141,889 141,889 703 Officers Salaries 60,000 50% 50% 30,000 30,000 704 Pension & Benefits 90,809 50% 50% 45,404 45,404 710 Purchased Sewage Treatment 0 100% 0 0 711 Sludge Removal 912,274 100% 0 912,274 715 Purchased Power 563,836 100% 0 563,836 716 Fuel for Power 0 100% 0 0 718 Chemicals 113,429 100% 0 113,429 720 Materials and Supplies 82,726 50% 50% 41,363 41,363 731 Contract Service -Engr 5,000 50% 50% 2,500 2,500 732 Contract Service -Acctg 5,000 50% 50% 2,500 2,500 733 Contract Service -Legal 10,000 50% 50% 5,000 5,000 734 Contract Service -Mgmt 406,247 50% 50% 203,124 203,124 735 Contract Service- Testing 7,415 50% 50% 3,708 3,708 736 Contract Service- Others 122,451 50% 50% 61,226 61,226 Contract Service -Bkkg. Etc 105,231 50% 50% 52,616 52,616 741 Rental of Bldgs /Property 0 100% 0 0 742 Rental of Equipment 55 100% 55 0 750 Transportation Expense 12,883 50% 50% 6,442 6,442 756 Insurance-Vehicles 3,500 100% 3,500 0 757 Insurance-Liability 14,686 100% 14,686 0 758 Insurance - Workers Comp. 15,017 100% 15,017 0 759 Insurance-Others 0 100% 0 0 760 Advertising 80 50% 50% 40 40 766 Rate Case Expense 15,000 50% 50% 7,500 7,500 - 767 Reg. Commission Exp 2,500 50% 50% 1,250 1,250 770 Bad Debt Expense 59,950 50% 50% 29,975 29,975 775 Miscellaneous Expense 12,473 50% 50% 6,237 6,237 TOTAL O &M EXPENSE 2,904,341 674,030 2,230,311 403 Depreciation 1,412,925 100% 1,412,925 0 407 Amortization 0 100% 0 0 TOTAL DEPREC. & AMORT. 1,412,925 1,412,925 0 408 Payroll Taxes 22,135 100% 22,135 0 408 Property Taxes 436,775 100% 436,775 0 4C8 Regulatory Assessment Tax 179,770 53% 47% 95,278 84,492 TOTAL TAXES, OTHER 638,680 554,188 84,492 409 Federal and State Income Tax 0 0% 100% 0 0 TOTAL INCOME TAXES 0 0 0 RETURN ON INVESTMENT 2,234,854 53% 47% 1,184,472 1,050,381 TOTAL REVENUE REQUIREMENT $7,190,799 $3,825,615 $3,365,184 53.00% 47.00% Annual Base Charge Per ERC 11,230.7 Meter Equivalent (ERCs) $340.32 Gallonage Charge Per 1,000 Gals. 1,285,693.9 tg $2.62 Ave Maria Utility Company, LLLP EFFLUENT REUSE Rate Design 16 Al Schedule 9.2 Base Base Test Facility Gallonage Facility Gallonage Year Charge Charge Cost Cost 601 Salaries and Wages 28,378 25% 75% 7,094 21,283 603 Officers Salaries 30,000 25% 75% 7,500 22,500 604 Pension & Benefits 9,081 25% 75% 2,270 6,811 610 Purchased Water 0 100% 0 0 615 Purchased Power 76,890 100% 0 76,890 -- 616 Fuel for Power 0 100% 0 0 618 Chemicals 0 100% 0 0 620 Materials and Supplies 4,971 25% 75% 1,243 3,728 631 Contract Service -Engr 2,500 25% 75% 625 1,875 632 Contract Service -Acctg 0 50% 50% 0 0 633 Contract Service -Legal 0 50% 50% 0 0 634 Contract Service -Mgmt 0 50% 50% 0 0 635 Contract Service- Testing 3,716 25% 75% 929 2,787 636 Contract Service- Others 2,079 25% 75% 520 1,559 Contract Service -Bkkg. Etc 22,274 25% 75% 5,568 16,705 641 Rental of Bldgs /Property 0 100% 0 0 642 Rental of Equipment 0 100% 0 0 650 Transportation Expense 1,245 25% 75% 311 934 656 Insurance-Vehicles 350 100% 350 0 657 Insurance-Liability 3,672 100% 3,672 0 658 Insurance - Workers Comp. 0 100% 0 0 659 Insurance-Others 0 100% 0 0 660 Advertising 80 50% 50% 40 40 666 Rate Case Expense 0 50% 50% 0 0 667 Reg. Commission Exp 0 50% 50% 0 0 670 Bad Debt Expense 2,707 25% 75% 677 2,030 675 Miscellaneous Expense 5,586 25% 75% 1,397 4,190 TOTAL O &M EXPENSE 193,528 32,196 161,332 403 Depreciation 95,747 100% 95,747 0 407 Amortization 0 100% 0 0 TOTAL DEPREC. & AMORT. 95,747 95,747 0 408 Payroll Taxes 2,213 25% 75% 553 1,660 408 Property Taxes 20,529 100% 20,529 0 408 Regulatory Assessment Tax 13,729 38% 62% 5,217 8,512 TOTAL TAXES, OTHER 36,471 26,299 10,172 409 Federal and State Income Tax 0 0% 100% 0 0 TOTAL INCOME TAXES 0 0 0 RETURN ON INVESTMENT 223,413 25% 75% 55,853 167,560 TOTAL REVENUE REQUIREMENT $549,159 $210,095 $339,064 38.00% 62.00% Annual Base Charge Per ERC 320.0 Meter Equivalent (ERCs) $642.48 Gallonage Charge Per 1,000 Gals. 1,145,327.8 tg $0.30 (Based on 90% of total WWTP flow) O 66 4 N° 1 - o of a moo rmi 2 4- 8D cs 1� 6 � once 16 c; o ai 16 E < 0 0 o E -1 E E E 2W —,'==r o E' 22 88�2 I.: cl; lo Iq �m 6 16 cli I -1 co n 16 o 6 1.1 o N; li 11; 6 6 c,; E Z rrn ono o I A cli c6 cli cli cli cli cli t2 cq N4 IQ `3 Z2 rn wl lw v co 1 0 t2 U 16 Al w w v 2 U E E 2 -ji 0 5 G u c 16 Al N M w W 16 16 cli M N N O w d L N Q C C O O O C G G N N C 0 0 0 0 0 c.5 0 C C G O O O G L � O N c a m a n r m r O o n 0 0 o 0 0 0 0 0< O O o0 0 0 0 0 0 o o o 0 0 0 0 o 0 0 0 0 0 0 o 0 o ry w m ww p O v �- W y 1- C m m N O N O O N b r b N m n O O OO 0 0 0 0 0 C O O O C G O O o 0 0 0 0 o O N p M m m m p p p m V N O W W p N N N m N :16 o ...�. 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Sch 11 C, 14 Amortization of CIAC Sch 11D Net Plant Working Capital (1 /8th O &M) Unamort. Bal. -Rate Case Exp Rate Base Net Operating Income Sch 8, 12 Rate of Return Sch 12 $71,936,032 $3,313,931 $75,249,963 (17,339,168) (747,826) (18,086,994) (35,586,090) 0 (35,586,090) 6,507,529 0 6,507,529 25,518,303 2,566,105 28,084,408 363,043 24,191 387,234 30,000 0 30,000 $25,911,345 $2,590,296 $28,501,641 $2,234,854 $223,413 $2,458,267 8.625% 8.625% 8.625% a IS 11 11 1 RE— O fll 000 o°ge 8go 000000 0000000°00 000 o m ogg 000°00 0o o m o o o o o0 ol oi v 1. 0mo ° 0�0 m ogm! a00000 o m m °m° ......... ° ° ° °mo d m .- Q � C o QC o 00 0 oN 01 1 000 0 ogo °mo°m° om m°omm000 oo° ° ogo 1. Sm 12 <8 1.m 12 m Ili m 0880 U 5 egQg J w ¢ E o+ o s W '¢ E _ v A w mm, 0 c c Y a m N 0 5 2 LLS3 3 °i E W N `m 2 w aOLLb u °c��n°inba� aa'= ao'bn N ��ba3 .-`s1. ry mEm mom - _.. a _ mg�mmmmgg1.m h m °m F ��mmm�m1.�mMmmggmm 16 ql a_ .ev t N 0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 O 0000 000 00 •- O O N p O Q top O OOi 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 y u - � � w w � LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O m N 0 0 0 0 0 0 �- O M < Q O 0 0 0 0 0 0 0 O O O P m m O O J N W J c W Q N < Z uVi F- � u° m3inw�� W..as ``_° maw � rnE ? � �Ea'aw Ein�ba3 m�omm m a w � 16 Al E E m F N m.8 e E 4 E 3 m 6 c w E E c O^ .� E rc Lc c x _o'E E» EEC m a w gm 7s 12E:3 F��'° gFt3g`aF�e854a °� o .g�a JnBg Nagn °'g' -a^S° Ewa F�Egw °y °o §:� -arc 0 0� N O n U f 0¢¢ a igmm °$_nmmnWinnn�E"'nmm�Emm�nn m�°m'nmmnnnm 16 Al f _m ON I no » 000 0o�0g00' 02�mm c 0 no00 °° 0000°- 0oo, ^m ooy0mm °e ^. �e$eH =r��RN a a 000 oog�0�00< 0m� ^m 0nm0m. 0_.0.r.m0n ^�_.� 000 oo�mo<0og 0�m�ry N m�m^'m� �J _ mmeen n_ nm_. n.-nnm E E m F N m.8 e E 4 E 3 m 6 c w E E c O^ .� E rc Lc c x _o'E E» EEC m a w gm 7s 12E:3 F��'° gFt3g`aF�e854a °� o .g�a JnBg Nagn °'g' -a^S° Ewa F�Egw °y °o §:� -arc 0 0� N O n U f 0¢¢ a igmm °$_nmmnWinnn�E"'nmm�Emm�nn m�°m'nmmnnnm 16 Al m N 0 a' a° oRoo z" ° N e O A N W N ° N ` 2 p W y � o V r O n Q 2 j � y Q m U � W c Q m E p _ .� F ¢ �waw� Eo w o w EZ.S E t E vt 2 w L' a cu u n' Z5 Z U` E a. w E. E o <¢ a w 16 Al 16 Al r n no a N °Om v"iN �i mr o+ °m m,n n N,nm em�n� vino 3 ' vrvio e.?mN moon -m �o vmi_ V N f N N v) N i orvrno moNn'^ v`n �r'o am =dam mcv e V O O O m tO Nd N � N ' O2 N�00'tO� n h O t�Gp O y N m 0 °3 .mrn °m��° N,nrvNOrn � vm�°n n v mc°v V P M� N O 0 0 r Om th O C�p N .om N�-m OO r Ov7 o o m g vm N s m N G din 'a K E lu a ,n m m m o o N vm N g o N Wc O N 3 m 0 U oo aom� e�°gnM'8i °r! r co U r � g m e o o N g N N _ m io g �oN� rvo nor �mrr- ° -r C'i O tO Oi � l0 N Ul t� N OM rNi of N NC'� 1O r 1 n nco c°v� m'- e.r000ui °mn o m o ry m o o r Oo M e o 0 0 li o M m I c U C tLL =�N W e Q Q � •-�¢ c y�y. =_ ��33A�ewUQ ve_�zmmuu2��EZ¢ Q MrtOn rmin n nn,nnnnnn 16 Al O a L N 6 J J J r c a E 0 T f t m °m iq din °a° Nv Mom cv�N E U¢ O 10 N N m m N E ro °m.mm em�rn`Bi. m rn m Nmrnem° omn�NUO1i `�a'o "v�"i c4 Nm�q °c ^ioio r�rnmocmv°m' �tO NNm MPm rum'1rmm t0 c6 O p Nr mO mN Tr t0 w <W w V w w Oi o m r t0 O r N O Iq O ^ N O N - m N N< li O<O Nmm m ^l� n m G m �O N N< i vNi < m •- 0 0 rvo m '�°. rvv� mm fir° pf w C' CL _ E f.N° -gym d `o c vim ° °" c w 0 u w m Nmvmu°�^ °mom ^�°n m ci of e ^ Q O ui vi a m of 3 U mN ^fin'- N�o� °mm- � U Q a 3 U r .°- o o° OV .. m m^ o o M m 6 m i "m Neon - -u°i c o m, o, G "�00 iTbO�Om .q w _N E ��n �oomm °m -gy m 1°�ioo 16 4 - - Q mNVi �c �c 14 ^rnoN vm o n °o .°'n vv rn Nmm p^ mm N o P m °n m y o 0 0 ^ .Iw ° w w N� sm N m m oN .n coo N o ° a°o� ntOmm° m`��oaw 'nm� mo ^ o w w °On Iv 12 Z j in 9 ¢ m U U ¢ N o ¢ ¢ E= zr� FO E.2- U � w -6 d n E E> =mZtc u2EEzcU.�w wcU.i U �i UC7 (nOO�� Na'a'aa¢aa o¢ M n n n rmi M m e° M M n n 16'Al Ave Maria Utility Company, LLLP Amount -- Long -Term Debt $15,675,903 Common Equity $12,825,738 Total $28,501,641 WASTEWATER Capital Structure Ratio Cost Rate 55.0% 7.5% 45.0% 10.0% 100.0% 16 Al Schedule 12 Weighted Return Cost Requirement 4.125% $1,175,693 4.500% $1,282,574 8.625% $2,458,267 Ave Maria Utility Company, LLLP Residential: 5/8" x 3/4" 1" 1 1/2" 2" 3" 4" 6" 8" General Service: 5/8" x 3/4" 1" ` 1 1/2" 2" 3" 4" 6" 8" 16 Sche a 13.1 10,024 10,120.0 870 60 18 0 0 0 0 Annual Consumption (1,000 g.) 1,285,693.9 Total Annual Water Utility Operating Revenue ` Revenue Requirement Annual 43,4W./M 0 40,838 0 0 0 0 0 $3,444,038 870.0 WASTEWATER $296,078 150.0 Billing Analysis 51,048 90.7 $141.80 Monthly Usage 0.0 Meter Service Charge Customers Equivalents Charge per 1,000 g. 10,000 10,000.0 $28.36 0 0.0 $70.90 24 120.0 $141.80 0 0.0 $226.88 0 0.0 $425.40 0 0.0 $709.00 0 0.0 $1,418.00 0 0.0 $2,268.80 10,024 10,120.0 870 60 18 0 0 0 0 Annual Consumption (1,000 g.) 1,285,693.9 Total Annual Water Utility Operating Revenue ` Revenue Requirement Annual 43,4W./M 0 40,838 0 0 0 0 0 $3,444,038 870.0 $28.36 $296,078 150.0 $70.90 51,048 90.7 $141.80 30,858 0.0 $226.88 0 0.0 $425.40 0 0.0 $709.00 0 0.0 $1,418.00 0 0.0 $2,268.80 0 1,110.7 $377,985 $2.62 $3,368,518 $7,190,541 $7,190,799 Ave Maria Utility Company, LLLP Residential: 6" 8" General Service: 8" 16 Al Schedule 13.2 EFFLUENT REUSE Billing Analysis Monthly Usage Meter Service Charge Annual Customers Equivalents Charge per 1,000 g. Revenues 0 0.0 $2,677.00 0 0 0.0 $4,283.20 0 0 0.0 $0 no Annual Consumption (1,000 g.) 1,145,327.8 Total Annual Water Utility Operating Revenue Revenue Requirement 0.0 $2,677.00 0 320.0 $4,283.20 205,594 320.0 $205,594 $0.30 $343,598 $549,192 $549,159 16 Al Ave Maria Utility Company, LLLP Schedule 14 WASTEWATER System Capacity Charge Analysis A Gross Plant B Land C Depreciable Assets (A -B) D Accumulated Depreciation to Date E Accumulated Depreciation at Design Capacity F Net Plant at Design Capacity, includes Land (A -E) G Collection Mains H Minimum Level of CIAC (G /A) I CIAC to Date J Accumulated Amortization of CIAC to Date K Future Customers (ERCs) to be Connected L Number of Years to Design Capacity M Existing System Capacity Charges per ERC N Level of CIAC at Design Capacity (M /F) O Requested CIAC at Design Capacity P Accumulated Amortization of CIAC at Design Capacity Q Net CIAC (O -P) R Net Plant at Design Capacity, includes Land (A -E) S Level of CIAC at Design Capacity (Q /R) T Total System Capacity Cost per ERC (O /K) U Maximum Level of CIAC (Rule 25- 30.580, Fla Adm Code) CIAC Summary: Cash CIAC per ERC ERCs at Completion Total Cash CIAC Total CIAC Property Total CIAC at Completion (Design Capacity) $71,936,032 204,600 71,731,432 0 17,339,168 54, 596, 864 20, 544,454 28.56% 0 0 12,806.4 16 $0.00 0% $35,586,090 $6,507,529 $29,078,561 $54,596,864 53.26% $2,778.78 75.00% $470.61 12,806.4 $6,026,812 29, 559,278 $35,586,090 o_ oeoolo � 3 $� 1 1 $o b9 N A m Em r 'a S � �N :o E ¢ a' o`y zo ID aLLSmB. r IN i as - mi o��a o00 000000moo onm�� a�momo oeomoo0oo000 16 Al E E E ` FE E E EW E ESE EaE m` E ,`, ¢ E p c ¢ E g -- E E- G Q^ a0 u` Oa ��nUU vai _ u O E min¢ a'r1 m Ca Oi�1 o- c °m �`n O —4 U`2O 16 Al -� _pie 1 ----- �� 1ry 2" woe -m10 ry � ry SOW < S E e0 aLL N_oiN N �N. '81 lw lw 2 0 ED 2 E 0 16 Al &ooaoolo 03 3 �8� 1 man m m m a o �m 1 Ws�� 1 N � a v E m 'a N m1 1. a E tt a' j5 m m a" G E ¢ a' a° o��oo� o0 ooa000000 0000000000 U u W E U ry ry n A A 16 Al E E 7 m ❑c� pE�Eo, O� N ¢E� �¢Ep _� &E V�°EU E wd ._.. - w E rn c- 2 -= m 2 3 i c _ u E t o v q a <_ ? .`o - a a m a O u` o � - a t ` 16 Al \ �\ - ® ■E■§m ° f §v■b,§ 5 @ @ k� !f =!(kkr§# § , § {( \) %\( \ ( \ ®!!K£© �,. ......... .e�rr \} / \ 16 Al \ \ \ \�{\! \ / \ §\ / } \\ \/ ƒ { {\ / } \\� - ! /20 2 E ! § iL -r,o § 2) ! } a ! ! 16 Al AVE MARIA UTILITY COMPANY, LLLP WASTEWATER PLANT COSTS Plant Capacity (mgd) Intangible Plant 351.1 Organization 352.1 Franchise 389.1 Other Plant / Misc. Equipment Collection Plant 353.2 Land and Land Rights 354.2 Structures and Improvements 360.2 Collection Sewer - Force 361.2 Collection Sewer - Gravity 362.2 Special Collecting Structures 363.2 Services 364.2 Flow Measuring Devices 365.2 Flow Measuring Installations 389.2 Other Plant/ Misc. Equipment System Pumping Plant 353.3 Land and Land Rights 354.3 Structures and Improvements 370.3 Receiving Wells 371.3 Pumping Equipment 389.3 Other Plant / Misc. Equipment Treatment and Disposal Plant 353.4 Land and Land Rights 354.4 Structures and Improvements 380.4 Treatment and Disposal Equipment 381.4 Plant Sewers 382.4 Outfall Sewer Lines 389.4 Other Plant / Misc. Equipment General Plant 353.5 Land and Land Rights 354.5 Structures and Improvements 390.5 Office Furniture and Fixtures 391.5 Transportation Equipment 392.5 Stores Equipment 393.5 Tools, Shop and Garage Equipment 394.5 Laboratory Equipment 395.5 Power Operated Equipment 396.5 Communication Equipment 397.5 Miscellaneous Equipment 398.5 Other Tangible Plant 1.6 Al Workpaper S -5 Phase I Phase II Phase III Phase IV 0.75 1.50 3.00 4.50 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 658,994 138,336 272,167 257,274 0 0 0 0 457,434 167,307 237,519 267,147 178,124 187,413 0 228,114 0 0 0 0 2,798,737 650,614 6,186,474 2,887,139 5,050,564 942,132 5,403,210 2,988,531 0 0 0 0 381,367 133,990 289,256 244,225 0 7,130,023 0 0 0 0 0 0 213,235 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9,738,454 9,349,814 12,388,626 6,872,430 W 0 W Of W O O ON O n ! 1N M tn0 VrN m N M O N N m W LL'1 r m m W LL'1 O m M 0 47 � W N m N M d o 7 W M O to O M O V r WO Y V CO N M N m V 7 0 M W W •� O) tr M V OR O W Om N N N m m O W W W r OO W N W W M O OJ n W a -Cl c n mq Ol m N M M Oa? 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N O O O O O O W t 0 Ir O r N V N N IN N r �O r M [OIO Ol M %2 N M Ol S N O W co � N m O Q M I� r r r t� N N �nj � I� M N Wt7 I� ON N M MNNWO p Opp N O O O O O S g O m N O O O O O O n { gip N N m W W r O N f� Ol Of Ol IW M �0 146 ' ON O M N OIW N N X0,1 ONO O 1� O c7 M O O O O O YMl N O h N I �O M N (0 Im N N N N do O z Z < a m m w C7 o U W u 2 LM O ° 3 E° H o 9 w ` m w n o c t ¢ U LL �' v 3 N < U aoi a 4 � U W `m 3 a y E E N d c N A T LL m m m o `�" g Q W rn E= m m t p V o rn C oC E€ m= 8p U U �' w m U_ i pN O U w m a }[O C C C W m C m U LL '� G] U] G1 0L U„ V N n a C C C A C Q b— 7 J N L O U O 9 T N O O N T N O C D C d K U J J W 0 L z: ) 0 O ) m J O� m T d po Y Q ?i LLfn �g U =Vl UC7 7U' LLN Urn aC�¢`U Qa4Gr w<n I - �`G o'OUS(nUU Z) (D V7 Utn LLC7QU 16 Al Appendix "C" Major Assumptions Ave Maria Utility Company, LLLP Major Assumptions General 16 Al The initial rate study uses the complete system analysis that targets the cost of providing service at year -end 2021, when the water and wastewater systems will essentially reach full build -out. The engineering firm of CH2MHill provided the customer absorption rates and demand flows reflected within this study. Water consumption is based on 275 gallons per day (gpd) per equivalent residential connection (ERC). Wastewater flows is based on 247.5 gpd per ERC, or 90% of metered water. Plant in Service CH2M Hill provided construction costs and construction schedules for Phases I through V of the Water System and Phases I through IV of the Wastewater System. The costs provided included permitting, engineering and contingency costs, to which overheads were added. The construction costs were adjusted to reflect the cost for the year of -- installation by inflating the cost of Supply Plant, Structures, Pumping Equipment, Treatment Equipment, and Mains by 2% annually. Water wellfields and supply mains were added annually. The water transmission and distribution (T &D) mains, services, hydrants, meters, valves, and miscellaneous T &D facilities were placed in service according to customer growth. Wilson Miller (Corollo Engineers) and the Ave Maria Utility Company provided the costs of these facilities. Wastewater collection system mains, services, receiving wells, pump station, and miscellaneous collection facilities were placed in service according to customer growth. Wilson Miller (Corollo Engineers) and the Ave Maria Utility Company provided the costs of these facilities. Land costs were included at $11,000 per acre with 14.8 acres devoted to the water facilities and 18.6 acres devoted to the wastewater facilities. General Plant assets, such as office furniture and equipment, were added according to the number of utility personnel and to replace retirement units occurring during the utility's growth period. 16 Al Depreciation Average service lives used to depreciate the physical assets are based on the Florida Public Service Commission (FPSC) recommended service lives by primary plant account. The annual depreciation calculation reflects the impacts of system utilization. Contributions in Aid of Construction (CIAC Water property contributions reflect all outside developer installed T &D facilities. Also included, as a system capacity charge per ERC is a $543.07 cash contribution, which covers the transmission mains, the _- water storage facility, and hydrants installed by the utility. The contributed property is added to the system as it is installed and placed in service. The cash contributions are added to the system as customer growth occurs. Wastewater property contributions reflect all outside developer installed collection facilities. Also included, as a system capacity charge per ERC is a $470.61 cash contribution, which covers the collection mains, receiving wells, and pump station and pumping equipment installed by the utility. The CIAC is recorded in the same manner as the water contributions. CIAC is amortized at the same rates as their respective plant assets are depreciated. Complete System Rate Base The rate base reflects the utility's' net plant investment, plus a working capital allowance of 1 /8th of operation and maintenance expenses (O &M) and unamortized rate case costs. Operating Revenues The calculations of water and wastewater system revenues reflect the base service charge applied to the projected average annual number of ERCs and a usage or volumetric charge based on metered water usage per thousand gallons. Operating Expenses The O &M expenses were provided by CH2MHill's Operations Division (OMI), to which were added Officers' Salaries (management fees), Outside Services (professional fees), vehicle insurance, rate case and 2 16 Al regulatory expense, and bad debt costs. These items of cost were not included in OMI's projections. Depreciation expense is calculated as described above and reflected net of CIAC amortization. Taxes, other than income tax, projections reflect payroll tax at 7.8% of employee salaries and wages, property tax at .8% of net plant (book value), and regulatory assessment fees at 2.5% of revenue. Income taxes are not included for the LLLP Capital Structure The utility's capital structure is based on 55% debt and 45% equity. The cost rates are 7.5% for debt and 10% for equity. The weighted cost produces an overall 8.625% rate of return. Billing Rates and Charges The rates reflected in this initial rate study are based on the FPSC's formula for rate design. The monthly base service rate is applied to the water and wastewater customers according to the size of the water meter serving their property. The usage (volumetric) rate, per thousand gallons, is applied to each bill based on metered water. 3 16 Al Appendix "D" Qualifications & Experience 16 Al PROFESSIONAL QUALIFICATIONS AND EXPERIENCE - of JOHN F. GUASTELLA B.S., Mechanical Engineering, Stevens Institute of Technology, 1962 Registered Professional Engineer in: Florida, New York and New Jersey Member: American Water Works Association National Association of Water Companies American Society of Appraisers Committees: AWWA, Water Rates Committee (Manual M -1, 1983 Edition) -- National Association of Regulatory Utility Commissioners (NARUC) and NAWC, Joint - Committee on Rate Design NAWC, Rates and Revenues Committee - NAWC, Small Water Company Committee Currently, Mr. Guastella is President of Guastella Associates, Inc., which provides management, valuation and rate consulting services for municipal and investor -owned utilities. His clients include utilities in the states of Alaska, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Maine, Maryland, Massachusetts, Missouri, Michigan, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Pennsylvania, South Carolina, Texas, Rhode Island and Virginia. He has provided consulting services that include all aspects of utility regulation and rate setting, encompassing revenue requirements, revenues, operation and maintenance expenses, depreciation, taxes, return on investment, cost allocation and rate design. He has performed depreciation studies for the establishment of average service lives of utility property. He has performed appraisals of utility companies for management purposes and in connection with condemnation proceedings. He has also negotiated the sale of utility companies. Mr. Guastella also served for more than four years as President of Country Knolls Water Works, Inc., a water utility that served some 5,500 customers in Saratoga County, New York. He also served as a member of the Board of Directors of the National Association of Water Companies. Mr. Guastella has qualified and testified as an expert witness before regulatory agencies and municipal jurisdictions in the states of Alaska, California, Connecticut, Delaware, Florida, Illinois, Indiana, Maryland, Massachusetts, Missouri, Montana, Nevada, New Mexico, New 16 Al Jersey, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas and Virginia. Prior to establishing his own firm, Mr. Guastella was employed by the New York State Public Service Commission for sixteen years. For two years he was involved in the regulation of electric and gas utilities, with the remaining years devoted to the regulation of water utilities. In 1970, he was promoted to Chief of Rates and Finance in the Commission's Water Division. In 1972, he was made Assistant Director of the Water Division. In 1974, he was appointed by Alfred E. Kahn, then Chairman of the Commission, to be Director of the Water Division, a position he held until he resigned from the Commission in August 1978. At the Commission, his duties included the performance and supervision of engineering and economic studies concerning rates and service of many public utilities. As Director of the Water Division, he was responsible for the regulation of more than 450 water companies in New York State and headed a professional staff of 32 engineers and three technicians. A primary duty was to attend Commission sessions and advise the Commission during its decision making process. In the course of that process, an average of about fifty applications per year would be reviewed and analyzed. The applications included testimony, exhibits and briefs involving all aspects of utility valuation and rate setting. He also made legislative proposals and participated in drafting Bills that were enacted into law: one expanded the N.Y. Public Service Commission's jurisdiction over small water companies and another dealt specifically with rate regulation and financing of developer- related water systems. In addition to his employment and client experience, Mr. Guastella served as Vice - Chairman of the Staff - Committee on Water of the National Association of Regulatory Utility Commissioners ( NARUC). This activity included the preparation of the "Model Record - Keeping Manual for Small Water Companies," which was published by the NARUC. This manual provides detailed instruction on the kinds of operation and accounting records that should be kept by small water utilities, and on how to use those records. Each year since 1974 he has prepared study material, assisted in program coordination and served as an instructor at the Eastern Annual Seminar on Water Rate Regulation sponsored by the NARUC in conjunction with the University of South Florida, Florida Atlantic University, the University of Utah, Florida State University and the University of Florida. This course is recognized as one of the best available for teaching rate - setting principles and methodology. It is attended by regulatory staff, utility personnel and accounting, engineering, legal and consulting firms throughout the country. In 1980 he was instrumental in the establishment of the Western NARUC Rate Seminar and has annually served as an instructor since that time. He has also served as an instructor and panelist in a water and sewer utility rates and regulations seminar conducted by the Independent Water and Sewer Companies of Texas. In 1998, he prepared and conducted a seminar on basic rate regulation on behalf of the New England Chapter of the National Association of Water Companies. 16 Al - In 2000 and 2001, Mr. Guastella developed and conducted a special seminar for developer related water and sewer utilities in conjunction with Florida State University, and again in 2003 in conjunction with the University of Florida. It provided essential training for the p financial structuring of small water and sewer utilities, rate setting, financing and the establishment of their market value in the event of a negotiated sale or condemnation. Mr. Guastella has presented papers at meetings of the National Association of Regulatory Utility Commissioners, the American Water Works Association, the National Association of Water Companies, the New England Conference of Public Utilities Commissioners, the Florida, New England, New Jersey and New York Chapters of NAWC, the Mid - America Regulatory Conference, the Southeastern Association of Regulatory Utility Commissioners, the Pennsylvania Environmental Conference, and the Public Utility Law Section of the New Jersey Bar Association. Year JOHN F. GUASTELLA List of Proceedings in Which Expert Testimony was Presented Company State 16 Al Regulatory Docket /Case Number 1966 Sunhill Water Corporation New York 23968 1967 Worley Homes, Inc. New York 24466 1967 Amagansett Water Company New York 24210 1968 Worley Homes, Inc. New York Supreme Court 1968 Amagansett Water Company New York 24718 1968 Sunhill Water Corporation New York 23968 1968 Amagansett Water Company New York 24883 1969 Worley Homes, Inc. New York 24466/24992 1969 Citizens Water Supply Co. New York 25049 1969 Amagansett Water Supply New York 24883 1970 Consolidated Edison of New York New York 25185 1970 Brooklyn Union Gas Company New York 25448 1971 Wanakah Water Company New York 25873 1971 Port Chester Water Works, Inc. New York 25797 1971 Hudson Valley Water Companies New York 26093 1971 Jamaica Water Supply Company New York 26094 1971 U & I Corp. - Merrick District New York 26143 1972 U & I Corp. - Woodhaven District New York 26232 1972 Spring Valley Water Company New York 26226 1973 Citizens Water Supply Company New York 26366 1978 Rhode Island DPU &C (Bristol County) Rhode Island 1367A 1979 Candlewick Lake Utilities Co. Illinois 76 -0218 1979 Candlewick Lake Utilities Co. Illinois 76 -0347 1979 Candlewick Lake Utilities Co. Illinois 78 -0151 1979 Woodhaven Utilities Corporation Illinois 77 -0109 1979 New York Water Service Corporation New York 27594 1979 Jacksonville Suburban Utilities Florida 770316 -WS 1979 Southern Utilities Corporation Florida 770317 -WS 1979 Westchester Joint Water Works New York Municipal 1979 Salem Hills Sewerage Disposal Corp. v. V. of Voorheesville New York Supreme Court 1979 Township of South Brunswick New Jersey Municipal 1979 Seabrook Water Corporation New Jersey 7910 -846 1980 Crestwood Village Water Company New Jersey BPU` 802 -77 1980 Crestwood Village Sewer Company New Jersey BPU 802 -78 1 Testimony: JFG Year Company State 16 Al Regulatory Docket /Case Number 1980 Rhode Island DPU &C (Newport Water) Rhode Island 1480 1980 Gateway Water Supply Corporation Texas Municipal 1980 GWW- Central Florida District Florida 800004 -WS 1980 Jamaica Water Supply Company New York 27587 1981 Spring Valley Water Company, Inc. New York 27936 1981 Smithville Water Company, Inc. New Jersey 808 -541 1981 Hobe Sound Water Company Florida 8000776 1981 Sunhill Water Corporation New York 27903 1981 Swan Lake Water Corporation New York 27904 1981 Candlewick Lake Utilities Co. Illinois 81 -0011 1981 New York Water Service Corporation New York 28042 1981 GDU, Inc. - Port Malabar Florida 80 -2192 1981 Spring Valley Water Company, Inc. New York 27936 1981 GDU, Inc. - Port Charlotte Florida Municipal 1981 GDU, Inc. - Northport Florida Municipal 1981 Lake Kiowa Utilities, Inc. Texas 3621 1981 Briarcliff Utilities, Inc. Texas 3620 1981 Caroline Water Company, Inc. Virginia 810065 1981 Rhode Island DPU &C (Newport Water) Rhode Island 1581 1981 Lake Buckhorn Utilities, Inc. Ohio 80 -999 1981 Lorelei Utilities, Inc. Ohio 80 -1000 1981 Lakengren Utilities, Inc. Ohio 80 -1001 1981 Shawnee Hills Utility Company Ohio 80 -1002 1982 Chesterfield Commons Water Company New Jersey 822 -83 1982 Chesterfield Commons Sewer Company New Jersey 822 -84 1982 Crescent Waste Treatment Corp. New York Municipal 1982 Salem Hills Sewerage Disposal Corp. New York Municipal 1982 Crestwood Village Water Company New Jersey 821 -38 1982 Crestwood Village Sewer Company New Jersey 821 -33 1982 Woodhaven Utilities Corporation Illinois 82 -0167 i982 Township of South Brunswick New Jersey Municipal 1983 Country Knolls Water Works, Inc. New York 28194 1983 Heritage Hills Water Works Corp. New York 28453 1984 Crestwood Village Water Company New Jersey 8310 -860 1984 Crestwood Village Sewer Company New Jersey 8310 -861 1984 Hurley Water Company, Inc. New York 28820 1984 GDU, Inc. - Port St. Lucie Florida 830421 1984 New York Water Service Corporation New York 28901 1984 Heritage Village Water (water /sewer) Connecticut 84 -08 -03 1984 Environmental Disposal Corp. New Jersey 816 -552 1985 Sterling Forest Pollution Control New York Municipal 2 Testimony: JFG 16 Al Regulatory Docket/Case Year Company State Number 1985 J. Filiberto Sanitation, Inc. New Jersey 8411 -1213 1985 Deltona Utilities (water /sewer) Florida 830281 1985 Water Works Enterprise, Grand Forks North Dakota Municipal 1986 GDU, Inc. - Port Charlotte Florida Municipal 1986 Kings Grant Water /Sewer Companies (settled) New Jersey WR8508 -868 1986 Mt. Ebo Sewage Works, Inc. New York Municipal 1986 Sterling Forest Pollution Control New York Municipal 1986 GDU, Inc. - Sebastian Highlands Florida Municipal 1987 Country Knolls Water Works, Inc. New York 29443 1987 Deltona Utilities - Marco Island Florida 850151 -WS 1987 Sanlando Utilities Corp. (settled) Florida 860683 -WS 1987 Ocean County Landfill Corporation New Jersey SR- 8703117 1987 Township of South Brunswick New Jersey Municipal 1987 Palm Coast Utility Corporation Florida 870166 -WS 1987 GDU, Inc. - Silver Springs Shores Florida 870239 -WS 1987 Deltona Utilities, Inc. - Citrus Springs (settled) Florida 870092 -WS 1987 Woodhaven Utilities Corp. (settled) Illinois 87 -0047 1987 Crestwood Village Sewer Co. (settled) New Jersey WR8701 -38 1987 First Brewster Water Corp. v. Hillcrest Water District, Town of Southeast (settled) New York Supreme Court 1988 Instant Disposal Service, Inc. New Jersey SR- 87080864 1988 J. Filiberto Sanitation v. Morris County Transfer Station New Jersey 01487 -88 1988 St. Augustine Shores Utilities Florida 870980 -WS 1988 Heritage Village Water Company Connecticut 87 -10 -02 1988 Elizabethtown Water Co. New Jersey OAL PUC3464 -88 1988 Crescent Estates Water Co., Inc. New York 88 -W -035 1988 Ohio Water Service Co. Ohio 86- 1887 -WW -COI 1989 General Development Utilities (FPSC generic proceeding as to rate setting procedures) Florida 880883 -WS 1989 Elizabethtown Water Co. New Jersey BPU WR89020132J 1989 Southbridge Water Supply Co. Massachusetts DPU 89 -25 1989 Sterling Forest Water Co. New York PSC 88 -W -263 1989 Palm Coast Utility Corporation Florida 890277 -WS 1989 Heritage Hills Sewage Works Connecticut Municipal 1989 Heritage Village Water Company Connecticut 87 -10 -02 1989 Gordon's Corner Water Co. New Jersey OAL PUC479 -89 1990 Palm Coast Utility Corporation Florida 871395 -WS 1990 Waste Management of New Jersey New Jersey SE 87070552 3 Testimony: JFG 16 Al Year Company State Regulatory Docket /Case Number 1990 Waste Management of New Jersey New Jersey SE 87070566 1990 Country Knolls Water Works, Inc. New York 90 -W -0458 1990 City of Carson City Nevada Municipal 1990 Kent County Water Authority Rhode Island 1952 1990 Trenton Water Works New Jersey WR90020077J 1990 Elizabethtown Water Company New Jersey WR900050497J 1990 Southern States Utilities, Inc. Florida Workshop 1990 American Utilities, Inc. - United States New Jersey 85 -00316 Bankruptcy Court 1991 Southern States Utilities, Inc. Florida 900329 -WS 1991 City of Grand Forks North Dakota Municipal 1991 Gordon's Corner Water Co. New Jersey OAL PUC8329 -90 1992 Elizabethtown Water Co. New Jersey WR 91081293J 1992 Heritage Hills Water Works, Inc. New York 92 -2 -0576 1992 General Development Utilities, Inc. - West Coast Division, North Port Florida 911067 -WS 1992 General Development Utilities, Inc. - Port Malabar Division Florida 911030 -WS 1993 General Development Utilities, Inc. - Port LaBelle Division Florida 920734 -WS 1993 General Development Utilities, Inc. - Silver Springs Shores Florida 920733 -WS 1993 Southern States Utilities - Marco Island Florida 920655 -WS 1993 Southern States Utilities - FPSC Rulemaking Florida 911082 -WS 1993 General Waterworks of Pennsylvania - Dauphin Consolidated Water Supply Pennsylvania R- 00932604 1993 Kent County Water Authority Rhode Island 2098 1994 Capital City Water Company Missouri WR -94 -297 1994 Hoosier Water Company - Mooresville Division Indiana 39839 1994 Hoosier Water Company - Warsaw Division Indiana 39838 1994 Hoosier Water Company - Winchester Division Indiana 39840 1994 West Lafayette Water Company Indiana 39841 1994 Capital City Water Company Missouri WR -94 -297 1994 Elizabethtown Water Company New Jersey WR94080346 1994 General Waterworks of Pennsylvania Pennsylvania R- 00943152 1994 General Development Utilities - Port Charlotte Florida 1994 Wilmington Suburban Water Corporation Delaware 94 -149 (stld) 4 Testimony: JFG 16 Al Year Company State Regulatory Docket/Case Number 1994 Environmental Disposal Corp. New Jersey WR94070319 1994 Elizabethtown Water Company New Jersey WR94080346 1995 Heritage Hills Sewage Works Corporation New York Municipal 1995 Butte Water Company Montana Cause 90 -C -90 1996 Consumers Illinois Water Company Illinois 95 -0342 1996 Elizabethtown Water Company New Jersey WR95110557 1996 Palm Coast Utility Corporation Florida 951056 -WS 1996 Southern States Utilities, Marco Island Florida 950495 -WS 1996 PenPac, Inc. New Jersey OAL- 00788 -93N 1997 United Water Florida Florida 960451 -WS 1997 Missouri - American Water Company Missouri WR -97 -237 SR -97 -238 1997 Indiana American Water Co., Inc. Indiana IURC 40703 1997 South County Water Corp New York 97 -W -0667 1997 Crestwood Village Water Company New Jersey BPU 96100739 1998 Heritage Hills Water Company New York 97 -W -1561 1998 Consumers Illinois Water Company Illinois 97 -0351 1998 Consumer Illinois Water Company Illinois 98 -0632 1999 Indiana American Water Co., Inc. Indiana IURC 41320 1999 Environmental Disposal Corp. New Jersey VNR99040249 1999 Consumers Illinois Water Company Illinois 99 -0288 2000 Utilities Inc. of Maryland Maryland CAL 97 -17811 2000 South Haven Sewer Works, Inc. Indiana Cause: 41410 2001 Southlake Utilities, Inc. Florida 981609 -WS 2001 Artesian Water Company Delaware 00 -649 2001 Elizabethtown Water Company New Jersey WR- 0104205 2001 South Haven Sewer Works, Inc. Indiana 41903 2001 Citizens Utilities Company Illinois 01 -0001 2001 Placid Lakes Water Company Florida 011621 -WU 2001 Kiawah Island Utility, Inc. South Carolina 2001 - 164 -W /S 2002 Valencia Water Company California 02 -05 -013 2002 Artesian Water Company Delaware 02 -109 2002 Consumers Illinois Water- Village Woods Illinois 02 -0539 2002 Consumers Illinois Water- Grant Park Illinois 02 -0480 2003 Golden Heart Utilities, Inc. Alaska U-02-13,14 & 15 2003 Consumers Illinois Water - Indianola Illinois 03 -0069 2003 Utilities, Inc. — Georgia Georgia CV02- 0495 -AB 2003 Elizabethtown Water Company New Jersey WR- 030 -70510 2004 Rockland Electric Company New Jersey EF02110852 5 Testimony: JFG 16- Al Regulatory Docket /Case Year Company State Number 2004 Heritage Hills Water Company New York 03 -W -1182 2004 Artesian Water Company Delaware 04 -42 2004 El Dorado Utilities, Inc. New Mexico D- 101- CU -2004- w 00276 2004 Jersey City MUA New Jersey Municipal - 6 Testimony: JFG Year 16 Aj PAPERS AND PRESENTATIONS By JOHN F. GUASTELLA Title Forum 1974 through 1. Basics of Rate Setting Semi - annual seminars on utility rate 2004 2. Cost Allocation and Rate Design regulation, National Association of 3. Revenue Requirements Regulatory Utility Commissioners, sponsored by University of South Florida, Florida Atlantic University, University of Utah, Florida State University, and University of Florida, held in the states of Florida, Utah and California 1974 Rate Design Studies: A Regulatory Annual convention of the National Point -of -View Association of Water Companies, New Haven, Connecticut 1976 Lifeline Rates Annual convention of the National Association of Water Companies, Chattanooga, Tennessee 1977 Regulating Water Utilities: The Annual symposium of the New Customers' Best Interest England Conference of Public Utilities Commissioners, Mystic Seaport, Connecticut 1978 Rate Design: Preaching v. Practice Annual convention of the National Association of Water Companies, Baton Rouge, Louisiana 1979 Small Water Companies Annual symposium of the New England Conference of Public Utilities Commissioners, Newport, Rhode Island 1979 Rate Making Problems Peculiar to Private Special educational program Water and Sewer Companies sponsored by Independent Water and Sewer Companies of Texas, Austin, Texas 1980 Water Utility Regulation Annual meeting of the National Association of Regulatory Utility Commissioners, Houston, Texas 1 Papers & Presentations: JFG 16 Al Year Title Forum 1981 The Impact of Water Rates on Annual Pennsylvania Environmental Water Usage Conference, Harrisburg, Pennsylvania 1981 A Realistic Approach to Regulating Water Mid - America Regulatory Conference Utilities Clarksville, Indiana 1982 Issues in Water Utility Regulation Annual symposium of the New England Conference of Public Utilities Commissioners, Rockport, Maine 1982 New Approaches to the Regulation of Southeastern Association of Water Utilities Regulatory Utility Commissioners, Asheville, North Carolina 1983 Allocating Costs and Revenues Fairly Maryland Water and Sewer Finance and Effectively Conference, Westminster, Maryland 1983 Lifeline and Social Policy Pricing Annual conference of the American Water Works Association, Las Vegas, Nevada (published) 1984 The Real Cost of Service: Some Special Annual New Jersey Section AWWA Considerations Spring Meeting, Atlantic City, New Jersey 1987 Margin Reserve: It's Not the Issue Florida Waterworks Association Newsletter, April /May /June 1987 issue 1987 A "Current" Issue: Contributions in Aid NAWC - New England Chapter Construction November 6, 1987 meeting 1988 Small Water Company Rate Setting: Take NAWC - New York Chapter It or Leave It June 14, 1988 meeting 1989 The Solution to all the Problems of Good NAWC Quarterly magazine, Winter Small Water Companies issue 1989 Current Issues Workshop - Panel New England Conference of Public Utilities Commissioners, Kennebunkport, Maine 2 Papers & Presentations: JFG 16 Al Year Title Forum 1991 Alternative Rate Structures New Jersey Section 1991 Annual Conference, AWWA, Atlantic City, New Jersey 1994 Conservation Impact on Water Rates New England NAWC and New England AWWA, Sturbridge, Massachusetts 1996 Utility Regulation - 21 st Century NAWC Annual Meeting Orlando, Florida 1997 Current Status Drinking Water NAWC Annual Meeting State Revolving Fund San Diego, California 1998 Small Water Companies - NAWC Annual Meeting Problems and Solutions Indianapolis, Indiana 1998 Basic Rate Regulation Seminar New England Chapter - NAWC Rockport, Maine 2000 Developer Related Water and Florida State University Sewer Utilities Seminar Orlando, Florida 2001 Developer Related Water and Florida State University Sewer Utilities Seminar Orlando, Florida 2003 Developer Related Water and University of Florida Sewer Utilities Seminar Orlando, Florida 3 Papers & Presentations: JFG 16 Al PROFESSIONAL QUALIFICATIONS AND EXPERIENCE of GARY C. WHITE B.S., Business Administration and Accounting Valparaiso University, 1972 Member: American Water Works Association Over his professional career, Mr. White has been involved in various aspects of business management, accounting and finance in both the regulated and unregulated business sectors. Since 1984, his experience has been in the area of utility management and rate regulation for water and wastewater systems. Until 1989, he was responsible for the rate regulation department of the largest developer - related, privately owned water and wastewater utility in Florida. This utility provided water and wastewater service to nine separate systems ranging in size from about 1,000 to 40,000 customers. Mr. White was involved in accounting and financial reporting to the Florida Public Service Commission, as well as local municipal regulators. He prepared annual reports, cost analyses and rate filings. He was also responsible for regulatory compliance filings, rules and regulations, tariff design and system expansions. For a period of 4 years from 1989 to 1992, Mr. White managed an investor - owned water utility in upstate New York, responsible for day -to -day operations, record keeping, billing, and all regulatory economic and environmental requirements. He was responsible for implementing capital improvements, main extensions and related contracts, and customer and regulatory relations, and he prepared and participated in rate applications to the N.Y. Public Service Commission. Mr. White began providing consulting services in 1992 when he joined Guastella Associates. He has prepared numerous cost of service and revenue requirement analyses for water and wastewater systems; preparing all summary schedules in support of complete rate filings. He has prepared comparative financial statements rate base calculations, depreciation schedules, proforma income statements, income tax calculations, capital structures, debt service schedules, billing analyses and rates. He has performed cost allocations and bulk service analyses, revenue requirement forecasts, population growth and system capacity — projections, and various plant operation and resource management evaluations. He provided consulting services on behalf of privately owned and municipal utility systems. Mr. White has provided rate, regulatory and system valuation services for clients in Resume: GCW 16 Al the states of Alaska, Arizona, California, Florida, Georgia, Illinois, Maine, Maryland, Massachusetts, Montana, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and South Carolina. He has served as an instructor at seminars for developer - related water and sewer utilities, conducted by Florida State University and the University of Florida. He was also an instructor at a seminar on basic rate regulation on behalf of the New England Chapter of the National Association of Water Companies. Mr. White has presented testimony in Connecticut, Florida, New Jersey, New York and South Carolina, qualifying as an expert witness in those states. He has appeared at both regulatory and municipal hearings representing investor -owned utilities on matters of ratemaking, regulation, rate design, finance, and utility management. Mr. White has also been active as a speaker on these subjects for community and civic organizations. 2 Resume: GCW 16 Al Exhibit "L" Evidence that Utility Owns Land "ere Utility Plant Facilities are to be Located or Copy of Agreement that Provides for Utility's Continuous Use of Land F OPTION AGREEMENT This option Agreement ( "Agreement ") is entered into this 3" day of July, 2004, by and between New Town Development, LLLP, a Florida limited Liability limited partnership, whose address is 2600 Golden Gate Parkway, Naples, Florida 34.05 -~ (hereafter "Seller ") and Ave Maria Utility Company, LLLP, a Florida limited liability limited partnership, whose address is 2600 Golden Gate Parkway, Naples, Florida 34105 (hereafter "Purchaser ") . WHEREAS, Seller is an entity involved in the development. of the Ave Maria community located in Collier County, Florida (hereafter "Development ") , which possesaes an option to acquire all non - university real property located in such community from Bar-ron Collier Partnership, Ltd. and Barron Collier Investments, Ltd. and both of which are related parties of the Seller; WHEREAS, the Development will need to have reliable water and wastewater service available; WHEREAS, Purchaser intends to apply to the Collier County Water and Wastewater Authority and Board of County Commissioners to receive authorization to provide water and wastewater service to the Development and in so doing must be able to show evidence that it owns the real property upon which its facilities will be located ( "the Property "); WHEREAS, this Agreement is intended accommodate Seller's time frame(s) for exercise of its option and to convey the Property to the Purchaser either by sale or contribution of the Property to the Purchaser and other entities, as well as to show evidence that the Utility will own the Property(s) upon which its facilities will be located. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants herein, and intending to be legally bound, the parties to this Agreement agree as follows: 1. RECITALS. The foregoing recitals are true and incorporated by reference herein. 2. OPTION TO PURCHASE. Seller gives to Purchaser the exclusiVe caption to purchase the following described real estate with the improvements thereon, situated in collier County, Florida, to wit: See Exhibit "All attached har(:�to ( "Real Property ") Page 1 of 6 16 Al according to the terms and conditions set forth in this Agreement. In consideration for Seller giving Purchaser the exclusive option to purchase referenced herein, m Purchaser contemporaneous with, the signing of this .Agreement shall pay $1,000 to Seller, which shall be a credit against the Purchase Price (defined below) . 3. WHEN OPTION EXERCISABLE. Purchaser may exercise its option to purchase the Real Property between September 1, 2004 through December 31, 2004 (hereafter "Option Period "). 4. RESTRICTION ON TRANSFER. Seller shall not assign, pledge, transfer, or otherwise dispose of its interest in the Real Property before or duzing the Option Period, except to Purchaser, without first receiving the written consent of Purchaser. 5. CLOSING. The closing of the purchase shall tape place at such place and time as designated by the parties. At closing: a. Purchaser shall pay the Purchase Price (defined below) in full; b. Seller shall deliver or cause to deliver to Purchaser a warranty Deed with respect to the Real Property; C. Real estate taxes with respect to the Real Property shall, be prorated between, Seller and Purchaser; d. Closing Costs shall be allocated in a manner consistent with that of.the Seller's Option Agreement with the two Barron Collier organizations. 6. PURCHASE PRICE. The purchase price for the 33.41 acres of Real Property shall be $367,510 (hereafter kPurchase Price ") . 7. SPECIFIC PERFORMANCE. Seller and Purchaser agree that the Real Property cannot be readily purchased, sold, or evaluated in the open market; that it has a unique and special value to Purchaser, and that Purchaser would be irreparably damaged if the terms of this Agreement were not capable of being specifically enforced. For this reason, Seller and Purchaser agree that the terms of this Agreement shall be specifically enforceable. Seller and Purchaser further agree that any sale or disposition, including an involuntax'y transfer or a transfer by operation of law of the Real Property that does not strictly comply with the terms and conditions of this Agreement may be specifically restrained. Page 2 of 6 16 Al S. FURTHER ASSURANCES. Seller and Purchaser each agree to - perform any further acts and to execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 9. SEVERASILYTY. zf any provision of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby. 10. CONSTRUCTION. The paragraph headings in this Agreement are for convenience of reference only and may not be used as an aid in the construction of any provision. 11. GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. 12. INUREMENT. The provisions of this Agreement shall inure to the benefit of, and shall be binding on, the assigns, successors in interest, personal representatives, estates, heirs, and legatees of each of the parties. Seller and Purchaser each agree that it will not hypothecate or otherwise create or permit any lien, claim, or encumbrance to exist upon. the Real Property at any time before or during the Option Period. 13. AMENDMENT. This Agreement may be amended in writing, signed by all parties to this Agreement, and executed with the same formalities as this Agreement. 14. ENTIRE AGREEMENT. This understanding between the matter contained herein. agreements, arrangements, written, between or anion subject matter of this expressed herein. Agreement contains the entire parties concerning the subject There are no representations, or understandings, oral or g the parties relating to the Agreement that are not fully 15. COUNTERPARTS. This Agreement may be executed in one or more counterparts and in making proof of this Agreement it shall not be necessary to produce or account for more than one fully executed counterpart hereof. [SIGNATURES ON NEXT PAGE] Page 3 of 6 Witness: Print Name , /1V�, je �j/j C �� Print Name: L'r4 �yN A - SoYAw Print Name; PYiat Namc: 16 ql New Torn Development, LLLP By: Paul Marinelli, President of Barron Collier Corporation, its Manager Ave Maria Utility COMPany, LLLP By: New Town Management, LLC its Sole General Partner By: New Town Development, LLLP s So er � By: Paul Marinelli, President of Barron Collier Corporation, its Manager Page 4 of 6 16 Al Exhibit "A" DESCRIPTION OF PART OF SECTIONS 5 AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLT TF_.R COUNTY, FLORIDA ALL TI3AT PART OF SECTIONS 5 AND 8, TOWNSHIP -48 SOUTH, RANGE 29 EAST, COLLMR. COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. °- COMMENCING AT THE SOUTHWEST CORNER Or SECTION 5, TOWNSHIP 48 SOUTH.., RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SArU SECTION 5 NORTH 89F45'53" EAST 1384.38' TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE LAVING SAID LINE NORTH 08E35'26" urEST 44.69 FEET; THENCE NORTH 03E30'28" EAST 24.24 FEET; THENCE NORTH 09E22'28" EAST 32.62 FEET; THENCE NORTH 32E03' 11" EAST 61.35 FEET; THENCE NORTH 41E59'52" EAST 54.16 FEET; THENCE NORTH 46E38 "59" EAST 44.15 FEET; THENCE NORTH 40E19'34" EAST 80.40 FEET; THENCE NORTH 39E30'46" EAST 42.43 FEET; THENCE NORTH 52F07'39" EAST 71.16 FEET; TTMNCE. NORTH 60E17'11 " EAST 55.95 FEET; THENCE NORTH 68E4334" EAST 63.02 FEET; THENCE NORTH 86E 12'19" FAST 41.51 FEET; THENCE SOUTH 75E32'58" EAST 74.98 FEET; THENCE NORTH 78E55'50" EAST 42.97 FEET; THENCE NORTH 69E31'07" EAST 36.80 FEET; THENCE NORTH 75E37'20" EAST 34.34 FEET; THENCE SOUTH 72E,08'39" EAST 57.43 FEET; THENCE SOUTH 56E52'50" EAST 70.22 FEET; __. THENCE SOUTH 56E52'1 8 " EA.ST 99.31 FEET; THENCE SOUTH 70E35'59" EAST 56.76 FEET; THENCE SOUTH £5E12'15" EAST 70.23 FEET; THENCE NORTH 85E4737" EAST 52.90 FEET; THENCE NORTH 77816'18" EAST 51.33 FEET; TIIENCF NORTH 64E20'23" EAST 9.49 FEET; THENCE NORTH 23E5825" EAST 24.91 FEET; THENCE NORTH 88E21'41" FAST 347.81 FEET; THENCE SOUTH 02E28'59" EAST 4.93 FEET; THENCE 66.69 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE FAST HAVING A RADIUS OF 5,250.00 FEET THROUGH CENTRAL ANGLE OF 00E43'40" AND BEING SUBTENDED BY A CHORD WHICH.. BEARS SOUTH 02E50'49" EAST 66.69 FEET; -- THENCE SOUTH 86E18'45" WEST 37.47 FEET; THENCE SOUTH 03E41'15" EAST 81.95 FEET; Page 5 of 6 16 Al T14F,NCE 584.40 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A. RADIUS OF 4,1 52.00 FEET THROUGH CENTRAL ANGLE OF 08E00'24" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 07E41'27" EAST 583.93 FEET; THENCE SOUTH 11E41'39" EAST 296.74 FEET; THENCE 75.05 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,894.00 FEET THROUGH CENTRAL ANGLE OF 01Ir32'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 10E55'] 7" EAST 78.05 FEET; THENCE SOUTH 10E08'56" EAST 139.74 FEET; THENCE SOUTH 79E51'04" WEST 68.49 FEET; THENCE NORTH 79E44'1 8" WEST 326.16 FEET; THENCE NORTH 70EO6'21" 'WEST 475.54 FEET; THENCE NORTH 76E56'51" WEST 651.27 FEET; THENCE NORTH OOE12'46" EAST 229.8817EET; THENCE NORTH 05E13'18" EAST 37.01 FEET; THENCE NORTH 07E13'1 6" WEST 185.10 FEET; THENCE NORTH 08E55'50" WEST 66.36 THENCE NORTH 08E35'26" WEST 25.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. . PARCEI, CONTAINS 33.41 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH ,4 OF TILE WEST LINE OF SECTION 5, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING NORTH OOE45'29" WEST. Page 6 of 8 Z6 41 Exhibit "M" Affidavit Regarding Notice of Application for Water and Wastewater Certificate 16 Al AFFIDAVIT The Affiant, having been first duly sworn, deposes as follows: 1. My name is Daren L. Shippy. I have personal knowledge of the matters set forth herein. 2. I am an attorney for Ave Maria Utility Company, LLLP (hereafter "Utility "). My business address is 2548 Blairstone Pines Drive, Tallahassee, Florida 32301. My business telephone number is 850- 877 -6555. 3. On June 3, 2004 and June 7, 2004, the Utility caused to be delivered by certified mail, through its attorneys, its notice of intent to apply for a water and wastewater certificate of authorization in Collier County, a copy of which is attached to this affidavit. 4. The notice was delivered to the following persons /entities: a. Collier County Water and Wastewater Authority c/o D.E. "Bleu" Wallace Director, CDES Operations 2800 N. Horseshoe Drive Naples, Florida 34104 b. Jim DeLony, Administrator Public Utilities Division /Bldg H Collier County Government 3301 E. Tamiami Trail -- Naples, Florida 34112 C. Eva J. Deyo, Executive Director Immokalee Water and Sewer District 1020 Sanitation Road Immokalee, Florida 34142 d. Roberto Boltt, President Orangetree Utilities Company, Inc. 3000 Orange Grove Trail Naples, Florida 34120 FURTHER SAY AFFIANT NAUGHT Daren L. Shippy Sworn to and subscribed before me thisO� day of August, 2004. utility notice affidavit.wpd •��?, \SSIO�y�•. �i iG�4�ober 6, ?ooA9 L o #DD252474 aq I %996 ••;'bYFadedku�°;•' cnQQ`l` "'�jPIC 111111-O\\� k� aA-,& Notary Public My Commission Expires: 16 Al APPLICATION FOR WATER AND WASTEWATER CERTIFICATE NOTICE IS HEREBY GIVEN: Ave Maria Utility Company, Ltd., 2600 Golden Gate Parkway, Naples, Florida 34105, intends to apply to the Collier County Water and Wastewater Authority and Board of County Commissioners of Collier County, Florida, for a water and wastewater certificate of authorization to provide water and wastewater service to the area in Collier County described in Exhibit "A' to this notice. All interested parties are called upon to take notice of same. Dated this 3' day of June, 2004. 16 Al APPLICATION FOR WATER AND WASTEWATER CERTIFICATE -� NOTICE IS HEREBY GIVEN: Ave Maria Utility Company, LLLP, 2600 Golden Gate Parkway, Naples, Florida 34105, intends to apply to the Collier County Water and Wastewater Authority and Board of County ~° Commissioners of Collier County, Florida, for a water and wastewater certificate of authorization to provide water and wastewater service to the area in Collier County described in Exhibit "A" to this notice. All interested parties are called upon to take notice of same. Dated this 7' day of June, 2004. baroon collier\Application \utility notice.wpd 16 Al BEFORE THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY IN RE: Application of AVE MARIA ) UTILITY COMPANY, LLLP ) for an original Wastewater Certificate ) in Collier County, Florida. ) No. APPLICATION FOR ORIGINAL WASTEWATER CERTIFICATE Ave Maria Utility Company, LLLP ( "Applicant" or "Ave Maria "), pursuant to Collier County ( "Collier ") Ordinance No. 96 -6 and Collier County Water and Wastewater Authority ( "Authority ") Rule 1.7, hereby applies for an original certificate to operate a wastewater utility in Collier County, Florida, and submits the following information, in support of its minimum filing requirements: PART I. APPLICANT INFORMATION A. The full name, address and telephone number of Applicant is (Rule 1.7(3)(a)): Ave Maria Utility Company, LLLP 2600 Golden Gate Parkway Naples, FL 34105 (239) 262 -2600 B. The name, address and phone number of the person to contact concerning this application is: John R. Jenkins, Esq. Daren L. Shippy, Esq. Rose, Sundstrom & Bentley, LLP 2548 Blairstone Pines Drive Tallahassee, Florida 32301 (850) 877 -6555 (850) 656 -4029 fax e -mail: jjenkins @rsbattomeys.com C. Applicant is a Florida limited liability limited partnership created on May 28, 2004. Exhibit "A" is a certified copy of Applicant's Certificate of Active Status. Applicant will begin 1 16 Al providing wastewater service, subject to the Authority's approval, on or about June 1, 2006. (Rule 1.7(3)(b)) - - D. The name and address of Applicant's general partner are New Town Management, LLC, 2600 Golden Gate Parkway, Naples, F134105. The agent for the general partner is Paul Marinelli. The Project Manager for Applicant if David Genson, P.E. (Rule 1.7(3)(c)) -- E. Applicant's fiscal year is the calendar year. (Rule 1.7(3)(d)) PART II. TERRITORY TO BE SERVED A. This is an application for an original certificate; therefore, Applicant has not installed facilities, nor are any under construction. (Rule 1.7(3)(g)(1)) B. There are no existing lines and facilities; therefore, a statement relating the capacity of existing lines and facilities to be installed and constructed is not available. (Rule 1.7(3)(g)(2)) The planned capacities, however, are as follows: Phase MGD Year 1 .75 2006 -2008 II 1.5 2009 -2011 111 3.0 2012 -2015 IV 4.5 2016- D. Exhibit "B" is a description of the territory to be served using metes and bounds with township, range and section reference, plus a geographic map of the territory to be served. Although located within the service area, applicant does not intend to serve areas designated as habitat area, floway area or retention area as part of the Rural Lands Stewardship Area identified in the Land Development Code of Collier County. (Rule 1.7(3)(h)) PART III. GENERAL SYSTEM INFORMATION A. The proposed system is a wastewater system. 2 16 Al B. Applicant intends to provide wastewater service within the proposed service area described in Part II, above. C. Applicant's customers will consist of single family homes, multi - family homes, commercial establishments, and the facilities comprising Ave Maria University. Exhibit "C" represents the projected numbers of customers in each such customer class. (Rule 1.7(4)(e)) D. Engineering plans and specifications for the wastewater system are not required to be reviewed or approved by the Florida Department of Health. (Rule 1.7(3)(i)) E. Department of Environmental Protection ( "DEP ") Form 62- 620.910(2), a Wastewater Application Form 2A for a Domestic Wastewater Facility Permit, was filed with DEP on June 18, 2004. The expected dated of issuance of the proposed Wastewater system permit by DEP is August 31, 2004. (Rule 1.7(3)(I)). The first phase of construction will result in a plant size of .75 mgd with a membrane softening system. PART IV. FINANCIAL INFORMATION A. Exhibit "D" is a detailed statement (balance sheet) of the financial condition of Applicant showing its assets and liabilities. (Rule 1.7(3)0)) B. Because Applicant is a new entity, it does not have certified financial statements at the time of filing this Application. (Rule 1.7(3)(1)) C. Exhibit "E" is a statement listing those entities providing the principal funding to the utility, along with their financial statement(s), and copies of any financial agreements between the utility and all such providers. (Rule 1.7(3)(m)) D. Exhibit "F" is a schedule showing the projected cost of the proposed system and the related capacity of such system in equivalent residential connections (" BRCs ") and gallons per day ( "gpd "). (Rule 1.7(4)(b)) 3 16 Al E. Exhibit "G" is a schedule showing the projected operating expenses of the proposed system by NARUC account numbers expected when 100% of the designed capacity of the system will be utilized by customers. Applicant is using 100 %, as opposed to 80% of design capacity, as required by Authority rules, because the investment and cost of the utility's operations during the growth years of the utility can not be supported by the relatively small number of customers being added yearly to the system. Thus, it is more realistic to assess operating expenses and rates based upon 100% of the system's designed capacity, thereby keeping rates at a lower level. See, Exhibit "K." (Rule 1.7(4)(c)) F. Exhibit "H" is a schedule showing the projected capital structure including the methods of financing for the construction and operation of the utility in the initial three (3) years of its development. (Rule 1.7(4)(d)) G. Exhibit "I" is a description of the methods Applicant intends to use to recover its investment in plant. (Rule 1.7(4)(f)) More specifically, Applicant intends to recover its investment in plant by imposing a one time System Capacity Charge on all new connections, requiring property Contributions -In- Aid -of- Construction( "CIAO "), including local collection systems from developers within the service area, and recovering depreciation expense through its rates. PART V. RATES AND TARIFFS A. Exhibit "J" is the proposed wastewater tariff containing all rates, charges, rules and regulations for service to be furnished. (Rule 1.7(3)(f)) B. Exhibit "K" is an Initial Rate Study and Rate Design, dated July 2004, prepared by Guastella Associates, Inc., supporting the rates and charges requested in Part V.A., immediately above. (Rule 1.7(4)(a)) El 16 Al PART VI. REAL PROPERTY A. Exhibit "L" is the evidence, in the form of an Option Agreement to purchase land, that the utility owns or will own the land where the utility plant facilities are to be located or a copy of the agreement which provides for the utility's continuous use of those lands. (Rule 1.7(4)(g)) PART VII. NOTICE OF APPLICATION A. Exhibit "M" is an affidavit reflecting that notice of an Application for Water and Wastewater Certificate, which included the name and address of Applicant and a description of the area to be served, was given by certified mail to the Authority and the governing body of any -- municipality and any water or sewer utility within a four -mile radius of the proposed service area and such notice was published once each week for two consecutive weeks in a newspaper of general circulation in the territory proposed to be served and that all of the foregoing was done at least 20 days prior to the filing of this Application. PART VIII. DEPOSIT A. The wastewater system proposes to serve over 10,000 persons; therefore, the filing fee submitted herewith is $10,000. (Rule 3.2(2)(d)) PART IX REQUEST FOR OFFICIAL FILING DATE AND PRELIMINARY ORDER A. Applicant hereby requests the Authority establish an Official Date of Filing and issue a Preliminary Order recommending that the Collier County Board of Commissioners ( "Board ") issue a Franchise Certificate to Applicant in accordance with this application. Thereafter, Applicant requests that the Board issue a Franchise Certificate to Applicant. E 1.6 Al Resp ctful_ly�submitted, this /Oil day of 2004 Ave Maria Utility Company, LLLP By: New Town Management, LLC its Sole General Partner By: New Town Development, LLLP, its Sole ember -- By: Paul Marinelli, President of Barron Collier Corporation, its Manager Jo . Jeri 'n , Esq. Daren L. Shippy, Esq. Rose, Sundstrom & Bentley, LLP 2548 Blairstone Pines Drive Tallahassee, Florida 32301 (850) 877 -6555 (850) 656 -4029 Fax Attorneys for Applicant 16 Al Schedule of Exhibits Exhibit "A" - Certified copy of Applicant's Certificate of Active Status -� Exhibit "B" - Metes and bounds description of territory to be served, plus geographic map of territory to be served Exhibit "C" - Projected number of customers in each class of customers Exhibit "D" - Detailed statement (balance sheet) of financial condition of Applicant Exhibit "E" - Statement listing those entities providing principal funding to utility, along with their financial statements and copies of any financial agreements between utility - and such entities Exhibit "F" - Schedule showing projected cost of proposed system and related capacity of such system in ERCs and gpd Exhibit "G" - Schedule showing projected operating expenses of proposed system by NARUC account numbers at 100% of design capacity Exhibit "H" - Schedule showing projected capital structure, including methods of financing construction and operation of utility in initial three years of development Exhibit "I" - Description of methods utility intends to recover investment in plant Exhibit "J" - Proposed wastewater tariff Exhibit "K" - Initial Rate Study and Rate Design Exhibit "L" - Evidence that utility owns land where utility plant facilities are to be located or copy of agreement that provides for utility's continuous use of land Exhibit "M" - Affidavit regarding notice of Application for Water and Wastewater Certificate 16 Al EXHIBIT 66A99 Certified Copy of Applicant's Certificate of Active Status S'U :16 Al EXHIBIT "B" Metes and Bounds Description of Territory to be Served, Plus Geographic Map of Territory to Be Served misonmillere1 New Directions In Planning, Design & Engineering DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, 30, AND 33 AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4, 9,16,17, AND 18 AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA COMMENCING AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH 89'42'22' EAST 40.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF CAMP KEIAS ROAD (80- RIGHT -0F -WAY) AND THE POINT OF BEGINNING OF THE PARCEL HEJREIN DESCRIBED: THENCE ALONG SAID RIGHT -0F -WAY LINE IN THE FOLLOWING TWENTY FOUR (24) DESCRIBED COURSES; 1) SOUTH 00.15.32- EAST 4936.39 FEET; 2) 395.35 FEET ALONG THE ARC OF A NON- TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 3,707.51 FEET THROUGH A CENTRAL ANGLE OF 06 "05'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS - SOUTH 02'47'23" WEST 395.17 FEET; 3) SOUTH 05'50'40" WEST 101.17 FEET; 4) THENCE SOUTH 89'37'49" WEST 7.63 FEET; 5) SOUTH 00'14 -32" EAST 73.58 FEET; 6) SOUTH 05'51'27" WEST 224.83 FEET; 7) 403.87 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A CENTRAL ANGLE OF 06'05'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'45'21' WEST 403.68 FEET; 8) SOUTH 00'14'33" EAST 1,907.96 FEET; 9) SOUTH 00. 22'10" EAST 2,609.43 FEET; 10) SOUTH 00.30 -1(r EAST 2,673.59 FEET; 11) SOUTH 00. 35-31" EAST 2,684.14 FEET; 12) SOUTH 00. 38.11" EAST 2,610.47 FEET; 13) SOUTH 00'30'34 - EAST 200.03 FEET; 14) 202.91 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,702.95 FEET THROUGH CENTRAL ANGLE OF 04'18'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'39'36" EAST 202.86 FEET; 15) SOUTH 04'48'38' EAST 400.00 FEET; 16) SOUTH 05'08'04" EAST 95.99 FEET; 17) SOUTH 00'29'16' EAST 101.03 FEET; 18) CONTINUE ALONG SAID LINE SOUTH 00.29 -16" EAST 1,609.23 FEET; 19) SOUTH 00'59'03 - EAST 2,660.06 FEET; 20) SOUTH 00. 56'00- EAST 2,246.44 FEET; 21) 104.19 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 461.33 FEET THROUGH A CENTRAL ANGLE OF 12'56'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05'33'57" WEST 103.97 FEET; 22) SOUTH 12'02'43" WEST 100.00 FEET; 23) 122.31 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 540.00 FEET THROUGH m CENTRAL ANGLE OF 12'58'40" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05'33'23" WEST 122.05 FEET; 24) SOUTH 00'5558" EAST 49.54 FEET TO THE NORTH RIGHT OF WAY LINE OF OIL WELL ROAD (100' RIGHT OF WAY) THENCE ALONG SAID NORTH RIGHT OF WAY IN THE FOLLOWING EIGHT (8) DESCRIBED COURSES; 1) SOUTH 88'57'46" WEST 2,595.92 FEET; -` 2) SOUTH 88'54'34" WEST 2,641.05 FEET; 3) SOUTH 88'57'06" WEST 2,570.04 FEET; 4) SOUTH 88. 55'37" WEST 2,702.71 FEET; 5) SOUTH 88. 56'50" WEST 2,645.03 FEET, 6) SOUTH 88'56'28" WEST 2,639.06 FEET; 7) SOUTH 89'44'55" WEST 2,676.56 FEET; 8) SOUTH 89'44'33" WEST 0.82 FEET TO THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779- 2796; THENCE ALONG SAID LINE NORTH 01'11'28" WEST 2,637.90 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779.2796; THENCE ALONG SAID LINE NORTH 89'3226" EAST 1,332.28 FEET TO A NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. BOOK 2009 PAGE 15541558; THENCE ALONG THE NORTH LINE OF SAID LANDS NORTH 89'3226" EAST 360.40 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2943 PAGE 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 01'11.02" WEST 2,688.15 FEET TO THE INTERSECTION WITH SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST, THENCE ALONG SAID LINE SOUTH 89'24'56" WEST 151.63 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE Offices strategically located to serve our clients 800.649.4336 NapleslVorporate Office 3200 Bailey Lane, Suite 200 • Naples, Florida 34105 . 239.649.4040 o Fax 239.643.5716 wilsonmiller. com 1011&20W.M"4 V- 011- esrocwuu uwa WllsonMillerinc. — FL Lic.0 LC- C000170 0377ee-006000. -0 16 Al wilsonmillef New Directions In Planning, Design & Engineering DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, 30, AND 33 AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4.9,16.17 AND 18 AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH. RANGE 29 EAST, AND PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LANDS DESCRIBED IN O.R. BOOK 2493 PAGE 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00'44'30' WEST 5,387.66 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID SECTION 12; THENCE ALONG SAID NORTH LINE NORTH 89'00'09" EAST 23.81 FEET TO INTERSECTION WITH THE WEST UNE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00 °43'12" WEST 5,312.87 FEET TO THE SOUTH LINE OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST; THENCE ALONG SAID SOUTH LINE SOUTH 89'28'47* WEST 1,591.63 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89'28'47* WEST 2,658.12 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00'12'02" WEST 2,594.56 FEET; THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00'13'09" EAST 2,595.59 FEET TO THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SECTION 36 NORTH 89.57'18' EAST 2,678.23 FEET; THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION NORTH 89'57'18" EAST 2,678.23 FEET TO THE NORTH EAST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SECTION 30, TOWNSHIP 47 SOUTH, RANGE 29 EAST, NORTH 00'13'04" WEST 2,580.06 FEET; THENCE CONTINUE ALONG SAID WEST LINE OF SAID SECTION 30 NORTH 00'10'45" WEST 2,527.41 FEET TO THE SOUTH RIGHT OF WAY UNE OF IMMOKALEE ROAD (100' RIGHT OF WAY) THENCE ALONG SAID RIGHT OF WAY LINE FOR THE FOLLOWING NINE (9) DESCRIBED COURSES; 1) SOUTH 89'43'35" EAST 0.74 FEET; 2) NORTH 87'40'12" EAST 2,582.06 FEET; 3) NORTH 87'38'44" EAST 2,630.49 FEET; 4) NORTH 87'41'38" EAST 2,640.92 FEET; 5) NORTH 87'46'05" EAST 2,645.58 FEET; 6) NORTH 89'37'45" EAST 2,687.06 FEET; 7) NORTH 89'39'06" EAST 780.08 FEET; 8) 3,07423 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 1,960.26 FEET THROUGH A CENTRAL ANGLE OF 89'51'20" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 44142'37' EAST 2,768.73 ; 9) NORTH 00'27'14' WEST 663.14 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT -OF -WAY UNE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID RIGHT -OF -WAY LINE IN THE FOLLOWING SEVEN (7) DESCRIBED COURSES: 1) SOUTH 89'56'24" EAST 266.14 FEET; 2) 722.56 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 460.00 FEET THROUGH A CENTRAL ANGLE OF 89'59'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44 "5623" EAST 650.54 FEET; 3) SOUTH 00'03'36" WEST 600.00 FEET, 4) 529.01 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 760.00 FEET THROUGH CENTRAL ANGLE OF 39'52'53" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 20'00'02" WEST 518.39 FEET; 5) SOUTH 39'56'29" WEST 543.45 FEET; 6) 589.90 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 840.00 FEET THROUGH CENTRAL ANGLE OF 40'14'11' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 19'4924" WEST 577.85 FEET; 7) SOUTH 00'17'42" EAST 60.83 FEET TO THE THE POINT OF BEGINNING. CONTAINING 10805.08 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST HALF OF THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 88'54'34" WEST. ".. ; .; -. WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS CERTIFICATE OF AUU H RI ION 3. -' 10 -10-03 c „ BY: BRADLEY E. STOCKHAM, P.S.M. LS#6390 DATE s NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL. REF. 4H- 122D•`-, W.O.: 03786-001- 000-MABS2 i. DATE: 10 -10-03 REVISED: 10 -14 -03 10MM200. 126914 V-.. Ml-8V0CWWM C"a 037E&000.000 - -0 16 Al . 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N m r m r t 7 m I m N r N 44N7� 8 Im r (V 1N N I� N r ry H r " N N N d N N N m fO M 10 N m Q Q Q Q C O O J N 0 0 O a O_ v O ~ a m U U o K J O ! I- c0 N C C V m w nrS m Q CJ LL �v �' QU E d w EE �� m� Nv aN d �m =� mE =ma mV o winA �y phi w'm 8(-)2 d�O n m O U m c�i = d u m �i D S 1O En LL € U> .N. L O t0 U a N d� C m e (r O! 'J N� L O U� o O W ¢ rnb >> m:EL o u? o c fr, o m a 3 ELW �� m0um0f5 �c� �C�� nU naCD�U aaaar w n� f� c)xm()c� g?u rn nac�� >a Al ' 16 Al Exhibit "D" Detailed Statement (Balance Sheet) of Financial Condition of Applicant 16 Al AVE MARIA UTILITY COMPANY, LLLP BALANCE SHEET AS OF Jun -30 -04 ASSETS 1,405,057 CASH DEVELOPMENT COSTS 594,522 TOTAL ASSETS 1,999,579 LIABILITIES & EQUITY EQUITY NEW TOWN DEVELOPMENT LLLP EQUITY 1,998,000 NEW TOWN MGMT EQUITY 2,000 PRIOR YEARS EQUITY (103) CURRENT YEAR INCOME (319) NET EQUITY 1,999,579 TOTAL LIABILITIES & EQUITY 1,999,579 AVE MARIA UTILITY COMPANY, LLLP INCOME STATEMENT REVENUE INTEREST INCOME TOTALREVENUE NET INCOME (LOSS) Jun -30 -04 Y -T -D ACTUAL (319) (319) (319) 16 Al 16 Al Exhibit "E" Statement Listing Those Entities Providing Principal Funding to Utility, Along with Their Financial Statements and Copies of any Financial Agreements Between Utility and Such Entities 16 Al The entities that will be providing the principal funding to the utility are its general partner, New Town Management, LLC, and its limited partner, New Town Development, LLLP. Their financial statements are attached. There are no written financial agreements between the entities; however, attached is a copy of the partnership agreement for Applicant. It is the stated intent of the general partner to fund utility construction and operating shortfalls in a manner consistent with the capital improvements plan and plan of finance reflected in the Cost Study and materials accompanying this application. NEW TOWN MANAGEMENT, LLC BALANCE SHEET ASSETS CURRENT ASSETS -- CASH TOTAL CURRENT ASSETS INVESTMENT IN AVE MARIA UTILITY COMPANY, LLLP TOTAL NON - CURRENT ASSETS TOTAL ASSETS EQUITY NEW TOWN DEVELOPMENT EQUITY NET EQUITY TOTAL LIABILITIES & EQUITY AS OF Jun -30 -04 $3,000 3,000 2,000 2,000 5,000 5,000 5,000 5,000 16 Al 16 Al NEW TOWN DEVELOPMENT, LLLP BALANCE SHEET AS OF Jun -30 -04 ASSETS CURRENT ASSETS $2,616,454 CASH - ACCOUNTS RECEIVABLE 74,286 TOTAL CURRENT ASSETS 2,690,740 NON - CURRENT ASSETS 5,309,477 DEVELOPMENT COSTS NET PROPERTY, PLANT & EQUIPMENT 5,309,477 INVESTMENT IN AVE MARIA UTILITY COMPANY, LLLP 1,998,000 INVESTMENT IN NEW TOWN MGMT, LLC 5,000 TOTAL NON - CURRENT ASSETS 2,003,000 TOTAL ASSETS 10,003,217 LIABILITIES & EQUITY CURRENT LIABILITIES $8 ACCOUNTS PAYABLE -- TOTAL CURRENT LIABILITIES 8 EQUITY 4,995,000 BCAM LLLP EQUITY 4,995,000 THOMAS S. MONAGHAN EQUITY 5,000 NUA BAILE EQUITY 5,000 BARRON COLLIER CORP EQUITY - RETAINED EARNINGS 3323 CURRENT YEAR INCOME ,323 , - NET EQUITY 10,003,209 TOTAL LIABILITIES & EQUITY 10,003,217 REVENUE INTEREST INCOME TOTALREVENUE NET INCOME (LOSS) NEW TOWN DEVELOPMENT, LLLP INCOME STATEMENT Jun -30 -04 Y -T -D ACTUAL 3,323 3,323 3,323 16 Al {M2112602;1) LIMITED LIABILITY LIMITED PARTNERSHIP AGREEMENT FOR AVE MARIA UTILITY COMPANY, LLLP a Florida limited liability limited partnership 16 Al 4 LIMITED LIABILITY LIMITED PARTNERSHIP AGREEMENT FOR AVE MARIA UTILITY COMPANY, LLLP TABLE OF CONTENTS 16 Al PAGE NO. ARTICLE I ORGANIZATION 1.1 ........... ................. ............................... Formation .................. ..... .........................1 1.2 Name .......... ............................... ........................................... ..............................2 1.3 Purposes and Powers .................. ....................... ............................... ..................2 1.4 1.5 Duration .. ............................... .............................................. ..............................2 Principal Place of Business; Registered Office and Resident Agent .................3 1.6 Filing of Additional Certificate(s) as Required ................... ..............................3 1.7 Nature of Partner's Interest .................................................. ..............................3 1.8 Liability of Partnership and Partners .................................. ............................... 1.9 ............ ............................... Scope of Partners' Authority ..... ..............................4 ARTICLEII DEFINITIONS ................................................................... ..............................4 ARTICLE III 3.1 3.2 3.3 3.4 3.5 3.6 CAPITAL Partners' Capital Accounts . ............................... Percentage Interests in Partnership .................... Partners' Initial Capital Contributions ............... Additional Capital Requirements ....................... Partner Guaranties ............... ............................... Restrictions Relating to Capital ........................ ...........................9 .........................11 .........................12 .........................12 .........................12 .........................13 ARTICLE IV ALLOCATIONS OF PROFIT AND LOSS AND DISTRIBUTIONS 4.1 Partners' Shares of Profits .................................................. .............................13 4.2 Partners' Shares of Losses ........ .............................14 ........... ............................... 4.3 Special Allocations ............................................................. .............................14 4.4 Timing and Priority of Distributions ................................... .............................18 {M2112602;1) 16 Al ARTICLE V MANAGEMENT, POWER, RIGHTS AND DUTIES 5.1 Management by General Partner .................... ............................... ..............."'18 5.2 Other Activities of the Partners and Affiliates .................... .............................20 5.3 Expenses; Reimbursement to the Partners .......................... .............................21 30 5.4 Restrictions /Limitations on Limited Partner ....................... .............................21 5.5 Grant of Authority by Limited Partner ...... • • .............. • • • • ............................... • • •22 5.6 Authority of General Partner ............................ ............................... ............."'23 5.7 Necessary Expenses ........... .............................23 .................. ............................... 23 5.8 Indemnification by Partnership ........................................... ............................. 8.8 Partners Relationships Among Themselves ........................ .............................31 23 5.9 Bank Accounts .................................................................. ............................... 5.10 Tax Matters Partner ............................ ............................... . .............................23 ................31 5.11 Authority for Execution of Instruments .............................. .............................26 ARTICLE VI DISSOLUTION AND WINDING UP 6.1 Actions for Partition; Withdrawals; Dissolution ................. .............................26 ARTICLE VII BOOKS, RECORDS AND ACCOUNTING 7.1 Books and Records .................... ......................................... .............................28 7.2 Accounting ..................................... .............................28 7.3 Reports .......................28 ....................................................... ............................... ARTICLE VIIIMISCELLANEOUS PROVISIONS {M2112602;1 J ii 8.1 Terms .................................................................................. .............................30 8.2 Counterparts ................................... .............................30 ...... ............................... 30 8.3 Entire Agreement ...................................... ............................... 8.4 Severability ......................................................................... .............................30 8.5 Amendment ......................................................................... .............................30 8.6 Notices ................................................................................ .............................30 .............................30 8.7 Binding Effect ..................................................................... 8.8 Partners Relationships Among Themselves ........................ .............................31 8.9 Choice of Law ..................................................................... .............................31 8.10 Headings ......................................... ............................... ................31 8.11 Waiver ................................................................................. .............................31 8.12 Equitable Remedies ............................................................ .............................31 8.13 Attorneys -in -Fact ................................................................ .............................32 32 8.14 No Third Party Rights Created Hereby ............................... ............................. 8.15 Interpretation ..................................................................... ............................... 32 {M2112602;1 J ii - 16 Al LIMITED LIABILITY LIMITED PARTNERSHIP AGREEMENT FOR AVE MARIA UTILITY COMPANY, LLLP, a Florida limited liability limited partnership This Agreement (the "Agreement ") is made and entered into on May _, 2004, by and among NEW TOWN MANAGEMENT, LLC, a Florida limited liability company (the "General Partner "), whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, and NEW TOWN DEVELOPMENT, LLLP, a Florida limited liability limited partnership (the "Limited Partner "), whose address is 2600 Golden Gate Parkway, Naples, Florida 34105 (the General Partner and the Limited Partner are individually a "Partner" and collectively the "Partners "). RECITALS: WHEREAS, the parties have formed a limited liability limited partnership under Chapter 620 of the Florida Statutes to accomplish the purposes described in this Agreement; and _l WHEREAS, the parties are entering into this Agreement to set forth their respective rights " and obligations with respect to each other and such limited liability limited partnership. NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and agreements hereinafter contained, the parties agree as follows: ARTICLE I ORGANIZATION 1.1 Formation. Prior to the execution and delivery of this Agreement, the parties hereto have formed a limited partnership (the "Partnership ") pursuant to the applicable laws of the State of Florida, including the Florida Revised Uniform Limited Partnership Act (Sections 620.101 through 620.205 of the Florida Statutes), all as the same may be amended from time to time (all of such applicable law being hereinafter referred to as the "Act "). The parties have executed and filed a statement of qualification in accordance with Section 620.9001(3) of the Florida Statutes. The Partners acknowledge and agree that the execution of this Agreement conclusively establishes each Partner's consent that the Partnership register and qualify as a limited liability limited partnership in accordance with Section 620.187 of the Act. {M2112602;1 } 16 Al 1.2 Name. The name of the Partnership shall be "AVE MARIA UTILITY COMPANY, LLLP ". The Partnership may also conduct its business under one or more assumed names if so authorized by the General Partner. Purposes and Powers. The Partnership has been organized by the Partners pursuant to 1.3 the Act and in accordance with this Agreement in order to: (i) acquire all or any part of the Property; (ii) develop, construct, operate and manage a water and sewer utility system thereon and therefrom, either itself or pursuant to agreements with third parties; (iii) engage in the business of furnishing effluent and other water for irrigation purposes; and (iv) engage in any other activities in respect of any Partnership assets as the General Partner shall determine in accordance with the Act or as otherwise set forth in this Agreement. The Partnership shall have all such powers as are necessary or appropriate to carry out its purposes as described in this Section 1.3. 1.4 Duration. The term of the Partnership shall end, and the Partnership shall dissolve, on the first to occur of (i) the occurrence of any event which would, under the Act (notwithstanding the provisions of this Agreement) or under the terms of this Agreement, result in the dissolution of the Partnership; provided, however, that the term of the Partnership shall not end upon the occurrence of such an event if the Partnership is reconstituted or otherwise continues as provided in this Agreement, (ii) December 31, 2042, or (iii) the determination of the General Partner to dissolve the Partnership. No Partner shall have the unilateral right to terminate and dissolve the Partnership prior to the end of its term as provided in this Section 1.4. 1.5 Principal Place of Business; Registered Office and Resident Agent. The principal office and place of business of the Partnership is located at c/o Barron Collier Corporation, 2600 Golden Gate Parkway, Naples, Florida 34105. The Partnership may change the location of its principal office to such other place or places as may be determined from time to time by the General Partner. The General Partner shall promptly notify the other Partners of any change in the Partnership's principal office. The Partnership may maintain other offices at other places if the General Partner deems it advisable. The name and address of the registered agent for service of process on the Partnership in the State of Florida shall be Paul J. Marinelli, at 2600 Golden Gate Parkway, Naples, Florida 34105, or such other agent and address as may be designated from time to time by the partners. {M2112602;1 } 2 - 16 Al 1.6 Filing of Additional Certificate(s) as Required. The Partners shall promptly execute and the General Partner shall file and record with the proper offices in each jurisdiction and political subdivision in which the Partnership does business, all certificates required by each applicable limited partnership act, fictitious name act or similar statute. 1.7 Nature of Partner's Interest. Partnership Interests in the Partnership shall be personal property for all purposes. All property owned by the Partnership, whether real or personal, tangible or intangible, shall be deemed to be owned by the Partnership as an entity. No Partner, individually, shall have ownership of such property. The Partners hereby agree that no Partner, nor any successor in interest to any Partner, shall have the right while this Agreement remains in effect to have any Partnership assets partitioned or to file a complaint or institute any proceedings at law or in equity to have such assets partitioned. Each Partner, on behalf of itself, its successors, successors -in- title, and assigns, hereby waives any such right. 1.8 Liability of Partnership and Partners. Unless otherwise provided by law or expressly assumed in writing, no Partner shall be liable for the acts, debts or liabilities of the Partnership. Further, neither the Partnership nor any Partner shall by virtue of executing this Agreement be responsible or liable for any indebtedness or obligation of any other Partner or otherwise relating to the Property incurred or arising either before or after the execution of this Agreement, except as to those joint responsibilities, liabilities, indebtedness, or obligations expressly assumed by the Partnership as of the date hereof or incurred after the date hereof pursuant to and as limited by the terms of this Agreement. Nothing herein contained shall be considered to constitute any Partner as the agent of any other Partner, except as specifically authorized and provided for herein. 1.9 Scope of Partners' Authority. Except as otherwise expressly and specifically provided in this Agreement, no Partner shall have any authority to bind or act for, or assume any obligations or responsibility on behalf of, the other Partners. ARTICLE II DEFINITIONS "Accountant" is defined in Section 9.3.2 hereof. "Act" is defined in Section 1.1 hereof. "Additional Contribution" is defined in Section 3.4.3.1 hereof. {M2112602;1) 3 ib 'Al "Affiliate" When such term is used with respect to another Person which is a legal entity, it means (a) any Person who directly or indirectly Controls, is Controlled By or is Under Common Control With such other Person, (b) any Person who is a director or officer of, member in or trustee of, or who serves in a similar capacity with respect to, such other Person, or (c) any Person who directly or indirectly is the beneficial owner of 10% or more of any class of Equity Security of such other Person or of the aggregate Beneficial Interest of all beneficial owners of such other Person. When the term "Affiliate" is used with respect to another Person who is an individual, it means (i) any family member of such Person, or (ii) any corporation, partnership, limited liability company, trust or other entity (whether for profit or not for profit) of which such other Person serves as an officer, director, general partner, manager, trustee or in a similar capacity. "Agreement" is defined in the Preamble hereto. "Beneficial Interest" shall mean an interest, whether as partner, joint venturer, member, stockholder, cestui que trust, beneficiary of a trust, or otherwise a contract right or a legal or equitable position under or by which the possessor participates in the economic or other results of the business organization to which such interest, contract right, or position relates. "Book Value" is defined in Section 3.1.5 hereof. "Business Day" shall mean any day except a Saturday, a Sunday, or a legal holiday on which banks are required or permitted to be closed in Florida. "Capital Account" is defined in Section 3.1 hereof. " Catital Contribution" shall mean the initial amount of cash or value of property contributed to the capital of the Partnership by a Partner, increased by any additional contributions of cash or property made to the capital of the Partnership by such Partner in accordance with the provisions of this Agreement. Any reference to the Capital Contribution of a Partner shall include the Capital Contribution made by a predecessor in interest of such Partner. "Capital Requirement" is defined in Section 3.4.1 hereof. IM2112602;1 } 4 16 Al "Code" shall mean the Internal Revenue Code of 1986, as amended from time to time (or any corresponding provision of succeeding law). "Communication" and "Communications" are defined in Section 11.6.1 hereof. "Control" shall mean (and its correlative terms "Controlled By" and "Under Common Control With ") with respect to any corporation, partnership, limited liability company, trust, or other business organization either (i) possession, directly or indirectly, by the applicable individual or individuals, entity or entities, of the power to direct or cause the direction of the management and policies thereof, whether through the ownership of voting securities, by contract, or otherwise, or (ii) ownership, directly or indirectly, by the applicable individual or individuals, entity or entities, of at least fifty percent (50 %) of the Beneficial Interests therein. "Depreciation" is defined in Section 3.1.5 hereof. "Equity Security" has the meaning ascribed to it in the Securities Exchange Act of 1934, as amended to the date hereof, and the rules and regulations thereunder (and any successor laws, rules, and regulations of similar import). "Event of Default" is defined in Section 3.4.3 hereof. "Fiscal Year" shall mean (i) the period commencing on the effective date of this Agreement and ending on the following December 31, (ii) any subsequent twelve (12) month period commencing on January 1 and ending on December 31, or (iii) any portion of any period described in clause (ii) for which the Partnership is required to allocate Profits, Losses, and other items of Partnership income, gain, loss or deduction pursuant to Article IV of this Agreement. "General Partner" is defined in the Preamble hereto. "Gross Income" shall mean the income of the Partnership, before deduction of items of expense or deduction, and the net gain from sales of Partnership property. "Limited Partner" is defined in the Preamble hereto. {M2112602;1 1 5 16 Al "Minimum Gain" is defined in Section 4.3.2 hereof. "Net Cash Flow" shall mean the excess of the total cash revenues generated by the Partnership's business operations, properties and other investments over the Partnership's aggregate cash disbursements, including principal and interest payments on indebtedness owing to third parties, -- taxes, rental payments, operating expenditures, Partnership expenses, payments for the purchase of fixed assets, repairs, replacements, and amounts set aside in the reasonable judgment of the General Partner for restoration and creation of reserves. "Partner Nonrecourse Debt" is defined in Section 4.3.3 hereof. "Partner Nonrecourse Debt Minimum Gain" is defined in Section 4.3.3 hereof. "Partners" is defined in the Preamble hereto. �- "Partnership" is defined in Section 1.1 hereof. "Partnership Interest" as to each Partner shall mean all of the rights of a Partner in the Partnership and shall include, but not be limited to, a Partner's (i) right to inspect the Partnership's books and records, (ii) right to participate in the management and affairs of, and vote on matters presented to, the Partnership, (iii) right to share in allocations of Profits and Losses and distributions of Net Cash Flow and other distributions, and (iv) right to act as an agent of the Partnership, as authorized by this Agreement, all as and to the extent provided in this Agreement. "Percentage Interest" shall mean the Partners' respective interests in each item of income, gain, loss, deduction and credit of the Partnership as set forth on Exhibit C hereto. "Person" shall mean an individual, a partnership (general or limited), corporation, limited liability company, joint venture, business trust, cooperative, association, or other form of business organization, whether or not regarded as a legal entity under applicable law, a trust (inter vivos or testamentary), an estate of a deceased, insane, or incompetent Person, a quasi - governmental entity, a government or any agency, authority, political subdivision, or other instrumentality thereof, or any other entity. {M2112602;1 } 6 16 Aj "Profits and Losses" means, for each Fiscal Year, an amount equal to the Partnership's taxable income or loss for such year, determined in accordance with Code Section 703(a) (for this purpose, all items of income, gain, loss or deduction required to be stated separately pursuant to Code Section 703(a)(1) shall be included in taxable income or loss), with the following adjustments: (i) any income of the Partnership that is exempt from federal income tax and not otherwise taken into account in computing Profits or Losses shall be added to such taxable income or loss; (ii) any expenditures of the Partnership described in Code Section 705(a)(2)(B) or treated as Code Section 705(a)(2)(B) expenditures pursuant to Treasury Regulations Section 1.704- 1(b)(2)(iv) shall be subtracted from such taxable income or loss; (iii) in lieu of the depreciation, amortization or other cost recovery deductions taken into account in computing such taxable income or loss, there shall be taken into account Depreciation for such Fiscal Year; (iv) gains or losses from the disposition of assets shall be determined by reference to the Book Value of the assets disposed in lieu of any tax gain or tax loss recognized by the Partnership; and (v) items of income, gain, loss, or deduction allocated separately pursuant to Section 4.3 hereof shall be excluded from the computation of taxable income or loss. If the Partnership's taxable income or loss for such Fiscal Year, as adjusted in the manner provided above, is a positive amount, such amount shall be the Partnership's Profit for such Fiscal Year, and if negative, such amount shall be the Partnership's Loss for such Fiscal Year. "Project„ means the business of the Partnership generally described in Section 1.3 hereof and more particularly described in Exhibit B hereto. "Pro pert " means that certain real property described in Exhibit A to this Agreement, as amended from time to time. "Proportionate- Payment(s)" is defined in Section 3.5.2 hereof. "Regulations" shall mean the permanent, temporary and proposed regulations of the United State's Department of the Treasury under the Code, as such regulations may be amended from time to time (including corresponding provisions of succeeding regulations). "Re ug_latory Allocations" is defined in Section 4.3.6 hereof. "Tax Matters Partner" is defined in Section 5.21.1 hereof. {M2112602;1 } 7 16- Al ARTICLE III CAPITAL 3.1 Partners' Capital Accounts. A capital account shall be maintained for each Partner, in accordance with the following provisions ( "Capital Account "): 3.1.1 To each Partner's Capital Account there shall be credited such Partner's Capital Contributions, such Partner's distributive share of Profits and any items in the nature of income or gain that are specially allocated pursuant to Article IV hereof, and the amount of any Partnership liabilities assumed by such Partner or which are secured by any property distributed to such Partner. 3.1.2 To each Partner's Capital Account there shall be debited an amount of cash and the agreed upon fair market value of any property distributed to such Partner pursuant to any provisions of this Agreement, such Partner's distributive share of Losses and any items in the nature of expenses or losses that are specially allocated pursuant to Article IV hereof, and the amount of any l liabilities of such Partner assumed by the Partnership or which are secured by any property contributed by such Partner to the Partnership. 3.1.3 No interest shall accrue or be paid on any Capital Contribution(s). 3.1.4 It is intended that Capital Accounts be maintained in accordance with the provisions of Regulations Section 1.704 -1(b). 3.1.5 In the event that the Book Values of Partnership assets are adjusted as described below in this Section 3.1.5, the Capital Accounts of all Partners shall be adjusted simultaneously to reflect the aggregate net adjustments as if the Partnership recognized gain or loss for federal income tax purposes equal to the amount of such aggregate net adjustment. For the purpose of this Agreement, the term "Book Value" means, with respect to any asset, such asset's adjusted basis for federal income tax purposes, except: 3.1.5.1 the initial Book Value of any asset contributed by a Partner to the Partnership shall be the gross fair market value of such asset; {M2112602;1 1 8 16 Al 3.1.5.2 the Book Value of all Partnership assets may be adjusted, as determined by the Partners to be necessary or appropriate to reflect the relative economic interests of the Partners, to equal their respective gross fair market values as of the following times: (1) the acquisition from the Partnership, in exchange for more than a de minimis capital contribution, of a Partnership Interest by an additional Partner or of an additional Partnership Interest by an existing Partner; (2) the distribution by the Partnership to a Partner of more than a de minimis amount of Partnership property (including money) as consideration for an interest in the Partnership; and (3) the liquidation of the Partnership within the meaning of Regulations Section 1.704- 1(b)(2)(ii)(g); 3.1.5.3 if the Book Value of an asset has been determined or adjusted as provided in paragraphs 3.1.5.1 or 3.1.5.2 above, the Book Value of such asset shall thereafter be adjusted by the Depreciation (as defined below) taken into account with respect to such asset for purposes of computing Profits and Losses; and 3.1.5.4 the Book Value of any Partnership asset distributed to any Partner shall be the gross fair market value of such asset on the date of distribution. reciation" means for each Fiscal Year ep "D For the purpose of this Agreement, _______ of the Partnership or other period, an amount equal to the depreciation, amortization, or other cost recovery deduction allowable under the Code with respect to an asset for such year or other period, except that if the Book Value of an asset differs from its adjusted basis for federal income tax purposes at the beginning of such year or other period, Depreciation shall be an amount which bears the same ratio to such beginning Book Value as the federal income tax depreciation, amortization, or other cost recovery deduction for such year or other period bears to such beginning adjusted tax basis; provided, however, that if the federal income tax depreciation, amortization, or other cost recovery deduction for such year is zero, Depreciation shall be determined with reference to such beginning Book Value using any reasonable method selected by the Partners. In the event that any provision of this Section 3.1 requires the determination of the fair market value of any asset, such fair market value shall be as determined by the General Partner. If the General Partner cannot agree on the fair market value of the asset, such fair market value shall be determined in accordance with the provisions of Section 6.1.6 hereof, except that the cost of the appraisal(s) shall be an expense of the Partnership. {M2112602;1 } 9 16 Al 3.2 Percentage Interests In Partnership. The initial Percentage Interests of the Partners are set forth on Exhibit C attached hereto. 3.3 Partners' Initial Capital Contributions. The Partners acknowledge and agree that Exhibit C attached hereto sets forth the initial Capital Contribution which each Partner will make to the Partnership within 15 days after the date of this Agreement. Exhibit C also sets forth what each Partner's Capital Account balance will be as of the making of such Capital Contribution. 3.4 Additional Capital Requirements. 3.4.1 The Partners anticipate that the execution by the Partnership of the Project will require aggregate debt and equity capital of $40,000,000.00. As funds are required by the Partnership in excess of (i) the initial Capital Contributions referred to in Section 3.3, (ii) the proceeds from financing secured by the Property or any portion or portions thereof, and (iii) any other proceeds received by the Partnership, the General Partner shall determine the method or methods by which the Partnership shall obtain the required funds. Such methods may include, without limitation, the making of additional Capital Contributions by the Partners or the borrowing of funds by the Partnership from the Partners or from third -party lenders, provided the Partners acknowledge that an aggregate of $ of such $40,000,000.00 of capital is expected to be in the form of Capital Contributions by the Partners. 3.4.2 If the General Partner decides to call for additional Capital Contributions, each Partner shall, within twenty (20) days thereafter deliver to the General Partner for deposit in the Partnership's bank account an additional Capital Contribution in an amount equal to its pro rata share of the Capital Requirement, determined according to the Percentage Interests of the Partners. 3.5 Partner Guaranties. If guaranties are required in connection with the development, construction and operation of the Project, such guaranties shall be provided in accordance with the provisions of Section 3.5 of the Limited Liability Limited Partnership Agreement for New Town Development, LLLP, dated August 22, 2003. {M2112602;1 } 10 16 Al 3.6 Restrictions Relating to Capital. No Partner shall have the right to withdraw or reduce its Capital Contribution, and no Partner shall have the right to a partition of any property owned by the Partnership or to receive property other than cash, if any, in return for its Capital Contribution. ARTICLE IV .. ALLOCATIONS OF PROFIT AND LOSS AND DISTRIBUTIONS 4.1 Partners' Shares of Profits. After giving effect to the special allocations set forth in Section 4.3 hereof, Profits (and each item thereof) for each Fiscal Year or other period shall be allocated as follows: 4.1.1 First, to the Partners until the aggregate amount of Profits allocated to the Partners pursuant to this Section 4.1 .1 for such Fiscal Year and all prior Fiscal Years is equal to the aggregate amount of Losses allocated to the Partners for all prior Fiscal Years pursuant to Section 4.2.1 hereof (in proportion to such amounts); 4.1.2 Second, to the Partners in accordance with the ratio in which any Losses for prior Fiscal Years were allocated pursuant to Section 4.2.2 hereof, until the aggregate amount of Profits allocated pursuant to this Section 4.1.2 for such Fiscal Year and all prior Fiscal Years is equal to the aggregate amount of Losses allocated pursuant to Section 4.2.2 hereof for all prior Fiscal Years; 4.1.3 Thereafter, to the Partners in accordance with their respective Percentage Interests. 4.2 Partners' Shares of Losses. After giving effect to the special allocations set forth in Section 4.3 hereof, Losses (and each item thereof) for each Fiscal Year or other period shall be allocated as follows: 4.2.1 First, to the Partners until the aggregate amount of Losses allocated pursuant to this Section 4.2.1 for such Fiscal Year and all prior Fiscal Years is equal to the aggregate amount of Profits allocated pursuant to Section 4.1.3 hereof for all prior Fiscal Years (in proportion M- to such amounts); {M2112602;1 } 11 16 Al w 4.2.2 Second, to those Partners with positive Capital Account balances (determined by (i) taking into account the adjustments, allocations and distributions described in Regulations Section 1.704- 1(b)(2)(ii)(d)(4), (S) and (6), and (ii) adding to such balances each Partner's share of Partnership Minimum Gain and Partner Nonrecourse Debt Minimum Gain), in proportion to, and to the extent of, such Capital Account balances; and 4.2.3 Thereafter, the balance, if any, to the Partners in accordance with their respective Percentage Interests. 4.3 Special Allocations. 4.3.1 Qualified Income Offset. In the event any Partner unexpectedly receives any adjustments, allocations or distributions described in Sections 1.704- 1(b)(2)(ii)(d)(4), 1.704 - 1(b)(2)(ii)(d)(5) or 1.704- 1(b)(2)(ii)(d)(6) of the Regulations, items of Partnership income and gain shall be specially allocated to such Partner in an amount and manner sufficient to eliminate the -' Capital Account deficit of the Partner as quickly as possible in accordance with Regulations Section 1.704- 1(b)(2)(ii)(d), provided that an allocation pursuant to this Section 4.3.1 shall be made only if and to the extent that the Partner would have a Capital Account deficit after all other allocations provided for in this Article IV have been tentatively made as if this Section 4.3.1 were not in the Agreement. 4.3.2 Minimum Gain Chargeback. If, for any Fiscal Year of the Partnership, there is a net decrease in Partnership Minimum Gain (as that term is defined in Regulations Section 1.704- 2(b)(2)), each Partner who has previously been allocated any nonrecourse deductions or received distributions of proceeds attributable to any nonrecourse borrowing of the Partnership in any Fiscal Year of the Partnership, shall be allocated items of Partnership income and gain for the year in which there is a net decrease in Partnership Minimum Gain in proportion to such prior allocations equal to that Partner's share of the net decrease in Partnership Minimum Gain consistently with the requirements of Regulations Section 1.704 -2. The items to be allocated pursuant to this Section 4.3.2 shall be determined in accordance with Regulations Section 1.704 -2(f) and (j). {M2112602;1) 12 16 Al i 4.3.3 Partner Minimum Gain Chargeback. In the event that there is a net decrease in Minimum Gain attributable to a Partner Nonrecourse Debt as defined in Regulations Section 1.704- 2(b)(4) (such Minimum Gain being hereinafter referred to as "Partner Nonrecourse Debt Minimum Gain ") for a Partnership Fiscal Year, then after taking into account allocations pursuant to Section 4.3.2 hereof, but before any other allocations are made for such taxable year, and subject to the exceptions set forth in Regulations Section 1.704- 2(i)(4), each Partner with a share of Partner Nonrecourse Debt Minimum Gain at the beginning of such Partnership Fiscal Year shall be allocated items of income and gain for such Partnership Fiscal Year (and, if necessary, for subsequent Partnership Fiscal Years) equal to such Partner's share of the net decrease in Partner Nonrecourse Debt Minimum Gain as determined in a manner consistent with the provisions of Regulations Section 1.704- 2(g)(2). The items to be allocated pursuant to this Section 4.3.3 shall be determined in accordance with Regulations Section 1.704- 2(i)(4) and (j). 4.3.4 Nonrecourse and Recourse Deductions. If, for any Fiscal Year of the Partnership, the Partnership shall have any losses, deductions, or Code Section 705(a)(2)(B) expenditures attributable to Partnership recourse or nonrecourse liabilities (including nonrecourse liabilities for which a Partner bears the economic risk of loss), such items shall be allocated in accordance with Regulations Section 1.704 -2 and Code Section 752. 4.3.5 Limitation on Deductions. No Partner shall receive an allocation of any Partnership deduction or Loss that would cause such Partner to have a deficit balance in its Capital Account after giving effect to the following adjustments to said Capital Account: said Capital Account shall be credited for any amounts said Partner is deemed to be obligated to restore; and (ii) said Capital Account shall be debited for the items described in Sections 1.704- 1(b)(2)(ii)(d)(4), (5) and (6) of the Regulations. The foregoing is intended to comply with the provisions of Section 1.704- 1(b)(2)(ii)(d) of the Regulations and shall be interpreted consistently therewith. {M2112602;1 f 13 - ib Al 4.3.6 Curative Allocations. The allocations set forth in Subsections 4.3.1, 4.3.2, 4.3.3, 4.3.4, and 4.3.5 hereof (the "Regulatory Allocations ") are intended to comply with certain requirements of the Regulations. It is the intent of the Partners that, to the extent possible, all Regulatory Allocations shall be offset either with other Regulatory Allocations or with special allocations of other items of Partnership income, gain, loss or deduction pursuant to this Section 4.3.6. Therefore, notwithstanding any other provision of this 4.3 (other than the Regulatory Allocations), the Partnership shall make such offsetting special allocations of Partnership income, -- gain, loss or deduction so that, after such offsetting allocations are made, each Partner's Capital Account balance is, to the extent possible, equal to the Capital Account balance such Partner would - have had if the Regulatory Allocations were not part of the Agreement and all Partnership items were '- allocated pursuant to Sections 4.1 and 4.2. 4.3.7 Code Section 704(c). Income, gain, loss, and deduction with respect to any property contributed to the capital of the Partnership shall, solely for federal income tax purposes, be allocated among the Partners so as to take account of any variation between the adjusted basis of such property to the Partnership for federal income tax purposes and the initial Book Value of such property, in accordance with Section 704(c) of the Code and Section 1.704 -3 of the Regulations thereunder. If the Book Value of any Partnership property is adjusted pursuant to Section 3.1.5 hereof, subsequent allocations of income, gain, loss, and deduction with respect to such asset shall take account of any variation between the adjusted basis of such asset for federal income tax purposes and the Book Value of such asset in the manner prescribed under Regulations Section 1.704 -3. The "traditional method" set forth in Regulations Section 1.704 -3(b) shall be applied for purposes of this paragraph. 4.3.8 Section 754 Adjustments. In the event of a sale or exchange of a Partner's Interest or a portion thereof or upon the death of a Partner, if the Partnership has not theretofore elected, pursuant to Section 754 of the Code, to adjust the basis of Partnership property, the Partners shall cause the Partnership to elect, if the Person acquiring such Partnership Interest or portion IM2112602 :11 14 16 Al thereof so requests, pursuant to Section 754 of the Code, to adjust the basis of Partnership property. In addition, in the event of a distribution referred to in Section 734(b) of the Code, if the Partnership has not theretofore elected, the Partners may, in the exercise of their discretion, cause the Partnership to elect, pursuant to Section 754 of the Code, to adjust the basis of Partnership property. Except as provided in Regulations Section 1.704- 1(b)(2)(iv)(m), such adjustment shall not be reflected in the Partners' Capital Accounts and shall be effective solely for federal and (if applicable) state and local income tax purposes. Each Partner hereby agrees to provide the Partnership with all information necessary to give effect to such election. 4.3.9 Miscellaneous. Except as provided in Sections 4.3.7 and 4.3.8 hereof, for federal income tax purposes, each item of income, gain, loss, or deduction shall be allocated among the Partners in the same manner as its correlative item of "book" income, gain, loss, or deduction has been allocated pursuant to Sections 4.1, 4.2, and 4.3 hereof. 4.4 Timing and Priority of Distributions. - 4.4.1 Distributions, if any, of Net Cash Flow shall be made to the Partners in accordance with their respective Percentage Interests. 4.4.2 Except as otherwise provided in Section 8.1.4 hereof, distributions other than distributions of Net Cash Flow (such as distributions of financing or sale proceeds) may be made from time to time as determined by the General Partner, and all such other distributions shall be made as follows: 4.4.2.1 first, to those Partners having positive Capital Account balances in proportion to and to the extent of their positive Capital Account balances until they are reduced to zero; and then 4.4.2.2 second, to the Partners in accordance with their respective Percentage Interests. I M2112602;11 15 16 ARTICLE V W-1 MANAGEMENT POWER RIGHTS AND DUTIES 5.1 Management by General Partner. The General Partner acting alone shall have full and complete charge of all affairs of the Partnership. The management and control of the Partnership's business shall rest exclusively with the General Partner. The General Partner shall possess all of the powers and rights of a general partner under the Act, including, without limiting the generality of the foregoing, the power, on behalf of the Partnership and in its absolute discretion to: -- 5.1.1 Acquire the Property and thereafter sell, assign, convey,. or otherwise transfer title to all or any portion of the real and personal property and other assets of the Partnership, including any interest in any mortgage, lease, or other interest in real or personal property owned by the Partnership; 5.1.2 Construct or cause the construction of such improvements upon land owned or leased by the Partnership, or in respect of which the Partnership obtains an easement or other interest, and such additions and alterations to existing improvements, as it deems proper; 5.1.3 Lease upon such terms as it deems proper all or any portion of the real or personal property of the Partnership, whether or not the space or facility so leased is to be occupied by the lessee or, in turn, subleased in whole or in part to others; 5.1.4 Borrow money for the Partnership, and, as security therefore, mortgage all or any part of the Partnership's real and personal property and in conjunction therewith execute all necessary papers and documents, including, but not limited to, bonds, notes, mortgages, pledges, security agreements, and confessions of judgment for and on behalf of the Partnership; 5.1.5 Obtain replacements of mortgages of the Partnership's property; 5.1.6 Prepay, in whole or in part, refinance, recast, increase, modify, consolidate, correlate, or extend on such terms as they deem proper any mortgages affecting the real or personal property of the Partnership; (M2112602;1 1 16 i �. � a or ers e 6hee record title to the Partnersps rel ponal prop l 5.1.7 Plac hiAnI or names of a nominee or nominees for the purpose of mortgage financing or any other convenience or benefit to the Partnership; 5.1.8 Employ and engage from time to time persons, firms, and corporations, on such terms and for such compensation as they shall deem proper, to develop, construct, operate and manage the Project, including, without limitation, [CH2M HILL] and accountants and attorneys; 5.1.9 Set aside funds of the Partnership for payment of past, current and future liabilities of the Partnership, including, but not limited to, liabilities of the Partnership to individual Partners; and 5.1.10 Execute, acknowledge, and deliver any and all instruments to effectuate any of the foregoing powers. - Neither General Partner shall be liable, responsible or accountable in damages or otherwise to the Limited Partner or the Partnership for any act performed or failure to act by such x� General Partner in good faith and within the scope of this Agreement unless such act or failure to act is attributable to gross negligence, willful misconduct, fraud or breach of fiduciary duty. 5.2 Other Activities of the Partners and Affiliates. The Partners and their Affiliates may engage in any other ventures or activities in addition to those relating to the Partnership. Neither the Partnership nor any Partner shall have any right by virtue of this Agreement or the Partnership relationship created hereby in or to such other ventures or activities or to the income or proceeds _ derived therefrom, and the pursuit of such ventures or activities, even if competitive with the business of the Partnership, shall not be deemed wrongful or improper. 5.3 Expenses; Reimbursement to the Partners. Except as otherwise specifically provided �. in this Agreement, all expenses of the Partnership may be billed directly to, and shall be paid by, the Partnership. The Partners and their Affiliates shall be reimbursed by the Partnership for all out-of- pocket expenses incurred or paid by them on behalf of the Partnership, prior to or after the date hereof, upon submission to the Partnership of documentation substantiating such expenses. {M2112602;1 ; 17 16 Al 5.4 Restrictions /Limitations on Limited Partner. 5.4.1 The Limited Partner shall not take any part in or interfere in any manner with the conduct or control of the business or assets, of the Partnership or the sale, leasing, financing, or refinancing of any of its assets, or have any right or authority to act for or bind the Partnership. The Limited Partner shall have no interest in the properties or assets of any General Partner, or any equity therein, or in any proceeds of any sales thereof (which sales shall not be restricted in any respect), by virtue of acquiring or owning a Partnership Interest. 5.4.2 The Limited Partner shall not be personally liable for the losses of the Partnership in excess of the aggregate amount of capital that it has contributed to the Partnership. 5.4.3 The Limited Partner shall not be personally liable for any obligation of the Partnership. 5.4.4 No salaries shall be paid to the Limited Partner, nor shall the Limited Partner have a drawing account. The Limited Partner shall not be entitled to the return of its Capital Contribution, except to the extent that distributions made pursuant to this Agreement may be considered as such by law and except upon termination of the Partnership as provided in this Agreement. 5.4.5 All communications from the Limited Partner to the Partnership and from the Partnership to Limited Partner, shall be directed to or prepared by (as the case may be) the General Partner at the Partnership's principal office. 5.5 _Grant of Authority by Limited Partner. 5.5.1 In addition to all powers of the General Partner otherwise set forth in this Agreement, the Limited Partner irrevocably constitutes and appoints the General Partner its true and lawful attorney, in its name, place, and stead, to make, execute, acknowledge, and file: a Certificate of Limited Partnership and Statement of Qualification under the laws of Florida; any certificate, affidavit, or other instrument that may be required to be filed by the Partnership under the laws of any state, or which the General Partner shall deem it advisable to file; amendments and modifications of the instruments described in the preceding clauses and documents required to effectuate the dissolution and termination of the Partnership. {M2112602;1 } 18 16 Al 5.5.2 It is expressly understood and intended by the Limited Partner that the foregoing power of attorney set forth in Section 5.5.1, is coupled with an interest, and that such power of attorney, as well as the other powers of the General Partner set forth in this Agreement, shall survive the delivery of an assignment by the Limited Partner of the whole or any portion of its Partnership Interest, except that where an assignee of such Partnership Interest has been approved by the General Partner as a substituted Limited Partner, then the foregoing power of attorney of the assignor Limited Partner shall survive the delivery of such assignment for the sole purpose of enabling the General Partner to execute, acknowledge, and file any instruments necessary to effectuate such substitution. A power of attorney similar to the power of attorney provided for by Section 5.5.1 shall be one of the instruments that the General Partner may require an assignee of the Limited Partner to execute as a condition of his admission as a substituted Limited Partner. 5.6 Authority of General Partner. The acts of the General Partner shall bind the Partners and the Partnership when within the scope of the General Partner's authority. No person, firm, or corporation dealing with the Partnership shall be required to inquire into the authority of the General -- Partner to take any action or make any decision hereunder. 5.7 Necessary Expenses. The General Partner, as an entity separate and distinct from the Partnership, shall incur such expenses as are necessary to carry out the business of the Partnership. 5.8 Indemnification by Partnership. The Partnership shall, at its cost and expense, indemnify, defend and hold harmless the Partners and their respective officers, directors, partners, managers and members from and against any liabilities, obligations, claims, demands, losses, damages, lawsuits or other proceedings, judgments and awards, and costs and expenses (including but not limited to attorneys' fees and expenses) arising directly or indirectly, in whole or in part, out of this Agreement or at law. 5.9 Bank Accounts. The bank account or accounts of the Partnership shall be maintained in the banking institution or institutions selected by the General Partner. All funds of the Partnership shall be deposited into account(s) of the Partnership and any and all checks or other instruments used to draw funds of the Partnership shall require the signature of those individuals authorized by the General Partner. 4M2112602:1; 19 16 Al 5.10 Tax Matters Partner. 5.10.1 As used in this Agreement, "Tax Matters Partner" has the meaning ascribed to "tax matters partner" in Section 6231(a)(7) of the Code. The General Partner is hereby designated Tax Matters Partner for the Partnership. The Tax Matters Partner shall comply with the requirements of Sections 6221 through 6231 of the Code applicable to a Tax Matters Partner. -- 5.10.2 The Tax Matters Partner shall have a continuing obligation to provide the Internal Revenue Service with sufficient information so that proper notice can be mailed to each Partner as provided in Section 6223 of the Code, provided that each Partner shall furnish the Tax Matters Partner with all such information (including information specified in Section 6230(e) of the Code) as is required with respect to such Partner for such purpose. 5.10.3 The Tax Matters Partner shall keep the other Partner reasonably informed of all administrative and/or judicial proceedings for the adjustment of "partnership items" (as defined in Section 6231(a)(3) of the Code) at the Partnership level. Without limiting the generality of the foregoing sentence, within fifteen (15) days after receiving any written or oral notice of the time and place of a meeting or other administrative or judicial proceeding from the Internal Revenue Service regarding a proceeding (and in any event, within a reasonable time prior to such meeting or proceeding), the Tax Matters Partner shall furnish a copy of such written communication or notice to the other Partner, or inform the other Partner of, the substance of any such oral communication. This obligation of the Tax Matters Partner to inform the other Partner shall not extend to routine and minor events. 5.10.4 Each Partner shall promptly notify the Tax Matters Partner (who shall notify the other Partners) of its treatment of any Partnership item on its federal income tax return which is or may be inconsistent with the treatment of that item on the Partnership's return. In addition, if any Partner intends to file a request for administrative adjustment with the Internal Revenue Service, such Partner shall notify the Tax Matters Partner (who shall notify the other Partners) of such fact and its terms at least thirty (30) days prior to such filing. 20 4M2112602;1) 16 Al 5.10.5 If any Partner intends to enter into a settlement agreement with the Secretary of the Treasury (or his authorized delegate) with respect to any Partnership item, such Partner shall notify the Tax Matters Partner (who shall notify the other Partners) of such fact and its terms at least twenty (20) days prior to such settlement agreement and shall notify the Tax Matters Partner (who shall notify the other Partners) of any such settlement agreement and its terms within thirty (30) days after the date of settlement. 5.10.6 If the Tax Matters Partner elects not to file suit under Section 6226 or Section 6228 of the Code concerning an administrative adjustment or request for administrative adjustment and any other Partner elects to file such a suit, such Partner shall notify the Tax Matters Partner (who shall notify the other Partners) of such intention, and the forum or forums in which such suit shall be filed shall be determined by such Partner. 5.10.7 Without the approval of the other Partner, the Tax Matters Partner shall not extend the statute of limitations with respect to the Partnership, file a request for administrative adjustment, file suit concerning any tax refund or deficiency relating to any Partnership administrative adjustment, enter into any settlement agreement relating to any Partnership adjustment, or enter into any settlement agreement relating to any item of income, gain, loss, deduction or credit for any Fiscal Year of the Partnership. 5.10.8 Each Partner shall be entitled to participate in all administrative proceedings with the Internal Revenue Service, as provided in Section 6224(a) of the Code. 5.10.9 The obligations imposed on the Tax Matters Partner and the participation rights afforded the other Partner by this Section 5.21 and the Code may not be restricted or limited in any fashion by the Tax Matters Partner without the written consent of the other Partner. 5.10.10 The Tax Matters Partner shall be responsible for representing the Partnership in all dealings with any state, local, or foreign tax authority, subject to the requirement that the provisions. of this Section 5.21 shall apply with equal force to all dealings with any such tax authority. 5.11 Authority for Execution of Instruments. Unless otherwise expressly required by this Agreement, contracts of the Partnership, promissory notes, deeds of trust, mortgages, and other evidences of indebtedness of the Partnership, and other Partnership instruments or documents, may be executed, signed or endorsed by the General Partner alone. r>, ,rte t t'1 Fn'7 • t t 21 16 Ai ARTICLE VI DISSOLUTION AND WINDING UP 6.1 Actions for Partition-, Withdrawals-, Dissolution. 6.1.1 Waiver of Partition. No Partner shall, either directly or indirectly, take any action to require partition of any Partnership asset, and notwithstanding any provisions of applicable law to the contrary, each Partner irrevocably waives any and all rights it may have to maintain any action for partition or to compel any sale with respect to its interest in the Partnership or with respect to the Partnership or any other Partnership asset, except as expressly provided in this Agreement. 6.1.2 Covenant Not to Withdraw or Dissolve. No Partner shall (i) take any action to file a certificate of dissolution or its equivalent with respect to itself, (ii) take any action that would cause a bankruptcy of such Partner, (iii) withdraw or attempt to withdraw from the Partnership, (iv) exercise any power under the Act to dissolve the Partnership, (v) transfer all or any portion of its Partnership Interest in the Partnership (other than pursuant to the terms and provisions of this Agreement), (vi) petition for judicial dissolution of the Partnership, or (vii) demand a return of such Partner's contribution or profits (or a bond or other security for the return of such contributions or profits) without the consent of the other Partner or except as otherwise specifically permitted in this Agreement. 6.1.3 Dissolution. The Partnership shall dissolve and its affairs shall be wound up on the first to occur of the events specified in Section 1.4 hereof. 6.1.4 Distribution on Liquidation. Upon the dissolution of the Partnership, the General Partner shall proceed to liquidate the assets of the Partnership, wind up its affairs, and apply and distribute the proceeds in the following order of priority: 6.1.4.1 to the payment of any debts and liabilities of the Partnership; (M2112602:1 1 22 16 Al 6.1.4.2 to the establishment of any reserves which the General Partner A` deems necessary to provide for any debts or liabilities of the Partnership. At the expiration of a reasonable period of time as the General Partner deems advisable, the balance of such reserve funds remaining after payment of any such debts, liabilities or contingencies, shall be distributed to the Partners in proportion to and to the extent of their positive Capital Account balances. For this purpose, the determination of the Partners' Capital Account balances shall be made after adjustment to reflect the allocation of all Profits, Losses, and items in the nature of income, gain, expense, or loss under Sections 4.1, 4.2, and 4.3 hereof, and all distributions to the Partners pursuant to Section 4.4 hereof, in each case for all Partnership Fiscal Years through and including the Partnership Fiscal Year of liquidation. 6.1.5 Timing. A reasonable time shall be allowed for the orderly liquidation of the Partnership's assets and the payment of its liabilities so as to enable the Partnership to minimize the normal losses attendant upon liquidation. To the extent the Partnership's assets cannot be sold without undue loss or cannot be readily divided for distribution in kind to the Partners, then the Partnership may, as determined by the General Partner, convey those assets to a trust or other suitable holding entity established for the benefit of the Partners in order to permit the assets to be sold without undue loss and the proceeds thereof distributed to the Partners at a future date. The legal form of the holding entity, the identity of the trustee or other fiduciary, and the terms of its governing instrument shall be determined by the General Partner. The provisions of Article IV relating to the allocation of Profits and Losses, and items thereof, of the Partnership shall be applicable during the period of liquidation. ARTICLE VII BOOKS RECORDS AND ACCOUNTING 7.1 Books and Records. The Partnership shall maintain complete and accurate books and records of the Partnership's business and affairs as required by the Act, including a list of the names and addresses of all Partners. Such books and records shall be kept at the Partnership's principal 1M2112602:11 23 ib Al _ place of business. The list of the names and addresses of all Partners shall be available to any Partner or its designated representative. All Partners and their designated representatives shall have the right to inspect the Partnership's books and records at any reasonable time upon reasonable notice. 7.2 Accounting. The Partnership shall maintain proper books and records in accordance with generally accepted accounting principles consistent with its reporting for federal income tax purposes. The Fiscal Year and taxable year of the Partnership shall be the calendar year. 7.3 Reports. 7.3.1 The General Partner shall prepare a balance sheet and income statement of the Partnership as of the last day of each month. Each balance sheet and income statement shall be prepared in accordance with generally accepted accounting principles and shall be certified to be true and correct to the best of the General Partner's knowledge and belief. Copies shall be furnished to the other Partner within thirty (30) days after the end of each month. An annual balance sheet of the Partnership, an annual income statement and an annual statement of cash flow (unaudited) shall be furnished by the General Partner to each Partner within ninety (90) days after the close of the Fiscal Year. 7.3.2 The independent certified public accounting firm to review the books and records of the Partnership will be KPMG Peat Marwick (the "Accountant "). At the request of the General Partner, the Partnership shall, at the Partnership's expense, engage the Accountant. The Accountant shall upon the request of the General Partner (a) audit the records and accounts of the Partnership, (b) render their opinion on the statement of financial condition of the Partnership as of the end of the last Fiscal Year through the latest month, and of the results of its operations, the changes in its financial condition and its income for each Fiscal Year and to date, as prepared by the General Partner, and (c) render their opinion on the annual computations of cash flow for each Fiscal Year made by the General Partner and as to whether distributions thereof are in accordance with this Agreement. I M2112602;1 24 16 Al 7.3.3 Each Partner shall furnish to the Partnership in a timely manner such information as the Partnership may require to comply with its tax or other reporting requirements under federal, state or foreign law. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Terms. Nouns and pronouns will be deemed to refer to the masculine, feminine, ^ neuter, singular and plural, as the identity of the Person or Persons may in the context require. 8.2 Counterparts. This Agreement may be executed in several counterparts, each of which will be deemed an original but all of which will constitute one and the same document. 8.3 Entire Agreement. This Agreement supersedes any and all other prior agreements, either oral or written, among the parties with respect to the subject matter hereof. 8.4 Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.5 Amendment. This Agreement may be amended at any time only by a written agreement executed by both Partners. No change or modification to this Agreement shall be valid unless in writing and signed by both Partners. 8.6 Notices. 8.6.1 Any and all notices, consents, offers, elections, and other communications required or permitted under this Agreement shall be deemed properly given only if in writing. 8.7 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the Partners, and their respective permitted successors and assigns. Wherever in this Agreement a reference to any Partner is made, such reference shall be deemed to include a reference to the permitted successors and assigns of such Partner. {M2112602;11 25 16 Al. 8.8 Partners Relationships Among Themselves. Nothing in this Agreement shall be ,.I- interpreted or construed to constitute any Partner the agent of any other Partner, except as expressly provided in this Agreement. 8.9 Choice of Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida, irrespective of its conflict of laws principles. 8.10 Headings. The titles of the Articles and Sections have been inserted as a matter of convenience for reference only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement. 8.11 Waiver. No consent or waiver, express or implied, by a Partner to or of any breach or default by another Partner in the performance by such other Partner of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other Partner of the same or any other obligation of such Partner hereunder. A consent or waiver by a Partner to any breach or default by another Partner under this Agreement shall be effective only if in writing and signed by the Partner against whom enforcement of the consent or waiver is sought. Failure on the part of a Partner to object to any act or failure to act of another Partner or to declare another Partner in default, irrespective of how long such failure continues, shall not constitute a waiver by such Partner of its rights hereunder. 8.12 Equitable Remedies. Except as otherwise provided in this Agreement, the rights and remedies of the Partners hereunder shall not be mutually exclusive, i.e., the exercise of a right or remedy under any given provision hereof shall not preclude or impair exercise of any other right or remedy hereunder. Each of the Partners confirms that damages at law may not always be an adequate remedy for a breach or threatened breach of this Agreement and agrees that, in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be enforceable by specific performance, injunction, or other equitable remedy, but nothing herein contained is intended to, nor shall it, limit or affect any rights at law or by statute or otherwise of any party aggrieved as against the other for a breach or threatened breach of any provision hereof. {M2112602;1 1 26 16 Al 8.13 Attorneys-in -Fact. Any Partner may execute a document or instrument or take any action required or permitted to be executed or taken under the terms of this Agreement by and through an attorney -in -fact duly appointed for such purpose (or for purposes including such purpose) under the _ terms of a written power of attorney (including any power of attorney granted herein). 8.14 No Third Party Rights Created Hereby. The provisions of this Agreement are solely for the purpose of defining the interests of the Partners, inter se; and no other Person (i.e., a party who is not a signatory hereto or a permitted successor to such signatory hereto) shall have any right, power, title, or interest by way of subrogation or otherwise, in and to the rights, powers, titles and provisions of this Agreement. _. 8.15 Interpretation. This Agreement shall, unless otherwise specified herein, be subject to the following rules of interpretation: (a) the singular includes the plural and the plural the singular; (b) words importing any gender include the other genders; (c) references to persons or entities include their permitted successors and assigns; (d) words and terms which include a number of constituent parts, things or elements, shall be construed as referring separately to each constituent part, thing or element thereof, as well as to all of such constituent parts, things or elements as a whole; (e) references to statutes are to be construed as including all rules and regulations adopted pursuant to the statute referred -- to and all statutory provisions consolidating, amending or replacing the statute referred to; (f) references to agreements and other contractual instruments shall be deemed to include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms; (g) the words "approve" or "consent" or "agree" or derivations of said words or words of similar import mean, unless otherwise expressly provided herein or therein, the prior approval, consent, or agreement in writing of the person holding the right to approve, consent or agree with respect to the matter in question, and the words "require" or "judgment" or "satisfy" or derivations of said words or words of similar import mean the requirement, judgment or satisfaction of the person who may make a requirement or exercise judgment or who must be satisfied; (h) the words "include" or "including" or words of similar import shall be deemed to be followed by the words "without limitation "; (i) the words "hereto" or "hereby" or "herein" or "hereof' or "hereunder," or words of similar import, refer to this Agreement in its entirety; 0) references to sections, articles, paragraphs or clauses are to the sections, articles, paragraphs or clauses of this Agreement; and (k) numberings and headings of sections, articles, paragraphs and clauses are inserted as a matter of convenience only and shall not affect the construction of this Agreement. [Signatures are on the next page] {M2112602;1 1 27 16, Al IN WITNESS WHEREOF, the parties hereto make and execute this Agreement to be effective on the date first above written. GENERAL PARTNER: NEW TOWN MANAGEMENT, LLC By: New Town Development, LLLP, its sole member By: Barron Collier Corporation �. By: Paul J. Marinelli, President By: Nua Baile, LLC By: Thomas S. Monaghan, Manager LIMITED PARTNER: NEW TOWN DEVELOPMENT, LLLP By: Barron Collier Corporation, General Partner By: Paul J. Marinelli, President By: Nua Baile, LLC, General Partner By: Thomas S. Monaghan, Manager {M2112602;1 } 28 16 Al EXHIBITS Exhibit A Legal Description of Property Exhibit B Description of Project �- Exhibit C Percentage Interest {M2112602;I iii EXHIBIT A LeL,al Description of Property Initial Capital Partner Contribution General Partner $ Limited Partner $ {M2112602;1 } EXHIBIT B Description of Project EXHIBIT C Percentaee Interest Initial Percentage Interest .10% 99.90% 16 Al Initial Capital Account Balance 16 Al Exhibit "F" -- Schedule Showing Projected Cost of Proposed System and Related Capacity of Such System in ERCs and GPD 16 Al Ave Maria Utility Company, LLLP Schedule 11 WASTEWATER Rate Base -- Reference Wastewater Effluent Reuse Total System Plant in Service Sch 11A, WP S1 to S6 $71,936,032 $3,313,931 $75,249,963 Accumulated Depreciation Sch 11B (17,339,168) (747,826) (18,086,994) Contributions in Aid of Constr. Sch 11C, 14 (35,586,090) 0 (35,586,090) Amortization of CIAC Sch 11D 6,507,529 0 6,507,529 Net Plant 25,518,303 2,566,105 28,084,408 Working Capital (1 /8th O &M) 363,043 24,191 387,234 Unamort. Bal. -Rate Case Exp 30,000 0 30,000 Rate Base $25,911,345 $2,590,296 $28,501,641 Net Operating Income Sch 8, 12 $2,234,854 $223,413 $2,458,267 Rate of Return Sch 12 8.625% 8.625% 8.625% AVE MARIA UTILITY COMPANY, LLLP 16 Al Workpaper S -5 WASTEWATER PLANT COSTS Phase I Phase II Phase III Phase IV Plant Capacity (mgd) 0.75 1.50 3.00 4.50 Intangible Plant 351.1 Organization 0 0 0 0 352.1 Franchise 0 0 0 0 389.1 Other Plant / Misc. Equipment 0 0 0 0 Collection Plant 353.2 Land and Land Rights 0 0 0 0 354.2 Structures and Improvements 0 0 0 0 360.2 Collection Sewer - Force 0 0 0 0 361.2 Collection Sewer - Gravity 0 0 0 0 362.2 Special Collecting Structures 0 0 0 0 363.2 Services 0 0 0 0 -� 364.2 Flow Measuring Devices 0 0 0 0 365.2 Flow Measuring Installations 0 0 0 0 389.2 Other Plant / Misc. Equipment 0 0 0 0 System Pumping Plant 353.3 Land and Land Rights 0 0 0 0 354.3 Structures and Improvements 658,994 138,336 272,167 257,274 370.3 Receiving Wells 0 0 0 0 371.3 Pumping Equipment 457,434 167,307 237,519 267,147 389.3 Other Plant / Misc. Equipment 178,124 187,413 0 228,114 Treatment and Disposal Plant 353.4 Land and Land Rights 0 0 0 0 354.4 Structures and Improvements 2,798,737 650,614 6,186,474 2,887,139 380.4 Treatment and Disposal Equipment 5,050,564 942,132 5,403,210 2,988,531 381.4 Plant Sewers 0 0 0 0 382.4 Outfall Sewer Lines 381,367 133,990 289,256 244,225 389.4 Other Plant/ Misc. Equipment 0 7,130,023 0 0 General Plant 353.5 Land and Land Rights 0 0 0 0 354.5 Structures and Improvements 213,235 0 0 0 390.5 Office Furniture and Fixtures 0 0 0 0 - 391.5 Transportation Equipment 0 0 0 0 392.5 Stores Equipment 0 0 0 0 393.5 Tools, Shop and Garage Equipment 0 0 0 0 - 394.5 Laboratory Equipment 0 0 0 0 395.5 Power Operated Equipment 0 0 0 0 396.5 Communication Equipment 0 0 0 0 397.5 Miscellaneous Equipment 0 0 0 0 398.5 Other Tangible Plant 0 0 0 0 9,738,454 9,349,814 12,388,626 6,872,430 16 A I , Exhibit "G" _ Schedule Showing Projected Operating Expenses of Proposed System by NAR UC Account Numbers at 100% of Design Capacity 16 Al Ave Maria Utility Company, LLLP Schedule 8 Operating Revenues O &M Expenses Depreciation Payroll Taxes Property Taxes Regulatory Assessment Tax Federal and State Income Tax Net Operating Income Interest Expense Net Income Rate Base Rate of Return WASTEWATER Income Statement - Complete System Reference Wastewater Effluent Reuse Total System Sch 9.1, 9.2, $7,190,799 $549,159 $7,739,958 9A.1,9A.2, 13.1, 13.2 Sch 10.1, 10.2 2,904,341 193,528 3,097,869 Sch 10.1, 10.2, 1,412,925 95,747 1,508,672 11 B.1, 118.2 & 11D Sch 10.1, 10.2 22,135 2,213 24,348 Sch 10.1, 10.2 436,775 20,529 457,304 Sch 10.1, 10.2 179,770 13,729 193,499 0 0 0 Sch 12 $2,234,854 $223,413 $2,458,267 Sch 12 1,068,843 106,850 1,175,693 Sch 12 $1,166,011 $116,563 $1,282,574 Sch 11 $25,911,345 $2,590,296 $28,501,641 Sch 12 8.625% 8.625% 8.625% Ave Maria Utility Company, LLLP 701 Salaries and Wages 703 Officers Salaries 704 Pension & Benefits 710 Purchased Sewage Treatment 711 Sludge Removal 715 Purchased Power 716 Fuel for Power 718 Chemicals 720 Materials and Supplies 731 Contract Service -Engr 732 Contract Service -Acctg 733 Contract Service -Legal 734 Contract Service -Mgmt 735 Contract Service- Testing 736 Contract Service- Others Contract Service -Bkkg. Etc 741 Rental of Bldgs /Property -- 742 Rental of Equipment 750 Transportation Expense 756 Insurance - Vehicles 757 Insurance - Liability 758 Insurance - Workers Comp. 759 Insurance - Others 760 Advertising 766 Rate Case Expense 767 Reg. Commission Exp 770 Bad Debt Expense 775 Miscellaneous Expense TOTAL O&M EXPENSE 403 Depreciation 407 Amortization TOTAL DEPREC. & AMORT. 408 Payroll Taxes 408 Property Taxes 408 Regulatory Assessment Tax TOTAL TAXES, OTHER 409 Federal and State Income Tax TOTAL INCOME TAXES WASTEWATER Rate Design 1,412, 925 100% 0 100% 1,412, 925 22,135 100% 436,775 100% 179,770 53% 47% 638,680 0 0% 100% 0 RETURN ON INVESTMENT 2,234,854 _m TOTAL REVENUE REQUIREMENT $7,190,799 Annual Base Charge Per ERC Gallonage Charge Per 1,000 Gals. 53% 47% 11,230.7 Meter Equivalent (ERCs) 1,285,693.9 tg 16 AjSchedule 9. Base Facility Cost Base 141,889 Test Facility Gallonage Year Charge Charge 283,778 50% 50% 60,000 50% 50% 90,809 50% 50% 0 41,363 100% 912,274 2,500 100% 563,836 5,000 100% 0 3,708 100% 113,429 61,226 100% 82,726 50% 50% 5,000 50% 50% 5,000 50% 50% 10,000 50% 50% 406,247 50% 50% 7,415 50% 50% 122,451 50% 50% 105,231 50% 50% 0 100% 55 100% 12,883 50% 50% 3,500 100% 14,686 100% 15,017 100% 0 100% 80 50% 50% 15,000 50% 50% 2,500 50% 50% 59,950 50% 50% 12,473 50% 50% 2,904,341 1,412, 925 100% 0 100% 1,412, 925 22,135 100% 436,775 100% 179,770 53% 47% 638,680 0 0% 100% 0 RETURN ON INVESTMENT 2,234,854 _m TOTAL REVENUE REQUIREMENT $7,190,799 Annual Base Charge Per ERC Gallonage Charge Per 1,000 Gals. 53% 47% 11,230.7 Meter Equivalent (ERCs) 1,285,693.9 tg 16 AjSchedule 9. Base Facility Cost Gallonage Cost 141,889 141,889 30,000 30,000 45,404 45,404 0 0 0 912,274 0 563,836 0 0 0 113,429 41,363 41,363 2,500 2,500 2,500 2,500 5,000 5,000 203,124 203,124 3,708 3,708 61,226 61,226 52,616 52,616 0 0 55 0 6,442 6,442 3,500 0 14,686 0 15,017 0 0 0 40 40 7,500 7,500 1,250 1,250 29,975 29,975 6,237 6,237 674,030 2,230,311 1,412,925 0 0 0 1,412,925 0 22,135 0 436,775 0 95,278 84,492 554,188 84,492 0 0 0 0 1,184,472 1,050, 381 $3,825,615 $3,365,184 53.00% 47.00% $340.32 $2.62 16 Al Exhibit "H" Schedule Showing Capital Structure, Including Methods of Financing Construction and Operation of Utility in Initial Three Years of Development 16 Al Applicant anticipates that the combined waste and wastewater facilities will require aggregate debt and equity capital of approximately $40,000,000.00. As funds are required by the utility in excess of (i) the initial capital contributions required under Applicant's partnership agreement, (ii) proceeds from financing secured by the real estate described in the partnership agreement and (iii) any other proceeds received by Applicant, the general partner will determine the method(s) by which Applicant will obtain the necessary funds. Such methods may include additional capital contributions or borrowing funds from Applicant's partners or third -party lenders. Ave Maria Utility company, LLLP Amount Long -Term Debt $15,675,903 Common Equity $12,825,738 Total $28,501,641 WASTEWATER Capital Structure Ratio Cost Rate 55.0% 7.5% 45.0% 10.0% 100.0% 16 Al Schedule 12 Weighted Return Cost Requirement 4.125% $1,175,693 4.500% $1,282,574 8.625% $2,458,267 16 Al Exhibit "I" Description of Methods Utility Intends to Recover Investment in Plant 16 Al Applicant intends to recover its investment in plant by imposing a System Capacity Charge, requiring Contributions -In- Aid -of- Construction( "CIAC ") and recovering depreciation expense through its rates. Attached is a System Capacity Charge Analysis with respect to the investment in plant. A more detailed analysis with respect to CIAC and depreciation is set forth in the cost study attached as Exhibit "K." 16 Al Ave Maria Utility Company, LLLP Schedule 14 WASTEWATER System Capacity Charge Analysis A Gross Plant $71,936,032 B Land 204,600 - C Depreciable Assets (A -B) 71,731,432 D Accumulated Depreciation to Date 0 E Accumulated Depreciation at Design Capacity 17,339,168 F Net Plant at Design Capacity, includes Land (A -E) 54,596,864 G Collection Mains 20,544,454 H Minimum Level of CIAC (G /A) 28.56% I CIAC to Date 0 J Accumulated Amortization of CIAC to Date 0 K Future Customers (ERCs) to be Connected 12,806.4 L Number of Years to Design Capacity 16 M Existing System Capacity Charges per ERC $0.00 N Level of CIAC at Design Capacity (M /F) 0% O Requested CIAC at Design Capacity $35,586,090 P Accumulated Amortization of CIAC at Design Capacity $6,507,529 Q Net CIAC (O -P) $29,078,561 R Net Plant at Design Capacity, includes Land (A -E) $54,596,864 S Level of CIAC at Design Capacity (Q /R) 53.26% T Total System Capacity Cost per ERC (O /K) $2,778.78 U Maximum Level of CIAC (Rule 25- 30.580, Fla Adm Code) 75.00% CIAC Summary: Cash CIAC per ERC $470.61 ERCs at Completion 12,806.4 Total Cash CIAC $6,026,812 Total CIAC Property 29,559,278 .. Total CIAC at Completion (Design Capacity) $35,586,090 16 Al 4 Exhibit "J" Proposed Wastewater Tariff 16 Al WASTEWATER TARIFF AVE MARIA UTILITY COMPANY, LLLP FILED WITH THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 1.0 WASTEWATER TARIFF AVE MARIA UTILITY COMPANY, LLLP 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105] BUSINESS: [(239) 262 -2600] EMERGENCY: [(239)404 -3337] FILED WITH THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP WASTEWATER TARIFF TABLE OF CONTENTS 16 Al t ORIGINAL SHEET NO. 2.0 Paul Marinelli Agent NAME TITLE Sheet Number Territory Served .................. ............................... 3.0-3.2 Miscellaneous .................... ............................... 4.0 Technical Terms and Abbreviations ... ............................... 5.0 Index of Rules and Regulations ....... ............................... 6.0-6.1 Rules and Regulations .............. ............................... 7.0-10.0 Index of Rates and Charges Schedules ............................... 11.0 Rate, Deposit and Service Charges Schedules .......................... 12.0-17.0 Index of Standard Forms ............ ............................... 18.0 Standard Forms ................... ............................... 19.0 -20.0 Index of Service Availability Policy ..... ............................... 21.0-21.1 Service Availability Policy ............ ............................... 22.0-30.0 Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 3.0 TERRITORY SERVED DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, 30, AND 33 AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4, 9, 16, 17, AND 18 AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 1, 12, AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA COMMENCING AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH 89 °42'22 "EAST 40.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF CAMP KEAIS ROAD (80 FOOT RIGHT -OF- WAY) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE ALONG SAID RIGHT -OF -WAY LINE IN THE FOLLOWING TWENTY FOUR (24) DESCRIBED COURSES; 1) SOUTH 00 °15'32" EAST 4936.39 FEET; 2) 395.35 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 3,707.51 FEET THROUGH A CENTRAL ANGLE OF 06005'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02 047'23" WEST 395.17 FEET; 3) SOUTH 05 °50'40" WEST 101.17 FEET; 4) THENCE SOUTH 89-37-49" WEST 7.63 FEET; 5) SOUTH 00 °14'32" EAST 73.58 FEET; 6) SOUTH 05 °51'27" WEST 224.83 FEET; 7) 403.87 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH ACENTRALANGLEOF06 °05'33 "AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02 045'21" WEST 403.68 FEET; 8) SOUTH 00 o 14'33 " EAST 1,907.96 FEET; 9) SOUTH 00 °22'10" EAST 2,609.43 FEET; 10) SOUTH 00 °30'10 "EAST 2,673.59 FEET; 11) SOUTH 00 °35'31 "EAST 2,684.14 FEET; 12) SOUTH 00038'11 EAST 2,610.47 FEET; 13) SOUTH 00 °30'34" EAST 200.03 FEET; 14) 202.91 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,702.95 FEET THROUGH CENTRAL ANGLE OF 04 018'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02 039'36" EAST 202.86 FEET; 15) SOUTH 04 °48'38" EAST 400.00 FEET; 16) SOUTH 05-08-04" EAST 95.99 FEET; 17) SOUTH 00 °29'16" EAST 101.03 FEET; 18) CONTINUE ALONG SAID LINE SOUTH 00 °29'16" EAST 1,609.23 FEET; 19) SOUTH 00 059'03" EAST 2,660.06 FEET; 20) SOUTH 00 °56'00 "EAST 2,246.44 FEET; 21) 104.19 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 461.33 FEET THROUGH A CENTRAL ANGLE OF 12 °56'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05 033'57" WEST 103.97 FEET; 22) SOUTH 12 °02'43" WEST 100.00 FEET; (Continued on Sheet No. 3.1) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al * ORIGINAL SHEET NO. 3.1 (Continued from Sheet No. 3.0) 23) 122.31 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 540.00 FEET THROUGH CENTRAL ANGLE OF 12 °58'40" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05 °33'23" WEST 122.05 FEET; 24) SOUTH 00 °55'58" EAST 49.54 FEET TO THE NORTH RIGHT OF WAY LINE OF OIL WELL ROAD (100' RIGHT OF WAY) THENCE ALONG SAID NORTH RIGHT OF WAY IN THE FOLLOWING EIGHT (8) DESCRIBED COURSES; 1) SOUTH 88 °57'46" WEST 2,595.92 FEET; 2) SOUTH 88 °54'34" WEST 2,641.05 FEET; 3) SOUTH 88 °57'06" WEST 2,570.04 FEET; 4) SOUTH 88 °55'37" WEST 2,702.71 FEET; 5) SOUTH 88 °56'50" WEST 2,645.03 FEET; 6) SOUTH 88 °56'28" WEST 2,639.06 FEET; 7) SOUTH 89 °44'55" WEST 2,676.56 FEET; 8) SOUTH 89 °44'33" WEST 0.82 FEET TO THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796; THENCE ALONG SAID LINE NORTH 01 11'28' WEST 2.637.90 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796; THENCE ALONG SAID LINE NORTH 8932'26" EAST 1,332.28 FEET TO A NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. BOOK 2009 PAGE 1554 -1558; THENCE ALONG THE NORTH LINE OF SAID LANDS NORTH 89 032'26" EAST 360.40 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2943 PAGE 2779- 2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 01 °11'02" WEST 2,688.15 FEET TO THE INTERSECTION WITH SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST. THENCE ALONG SAID LINE SOUTH 8924'56" WEST 151.63 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGE 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00 °44'30" WEST 5,387.66 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID SECTION 12; THENCE ALONG SAID NORTH LINE NORTH 89 °00'09" EAST 23.81 FEET TO INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00 043'12" WEST 5,312.87 FEET TO THE SOUTH LINE OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST; THENCE ALONG SAID SOUTH LINE SOUTH 89 028'47" WEST 1,591.63 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89 028'47" WEST 2,658.12 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00 012'02" WEST 2,594.56 FEET; THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00 013'09" EAST 2,595.59 FEET TO THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SECTION 36 NORTH 89 057'18" EAST 2,678.23 FEET; THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION NORTH 89 057'18" EAST 2,678.23 FEET TO THE NORTH EAST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SECTION 30, TOWNSHIP 47 SOUTH, RANGE 29 EAST, NORTH 00 °13'04" WEST 2,580.06 FEET; THENCE CONTINUE ALONG SAID WEST LINE OF SAID SECTION 30 NORTH 00 010'45" WEST 2,527.41 FEET TO THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (100' RIGHT OF WAY) THENCE ALONG SAID RIGHT OF WAY LINE FOR THE FOLLOWING NINE (9) DESCRIBED COURSES; 1) SOUTH 89 °43'35" EAST 0.74 FEET; 2) NORTH 87-40'12" EAST 2,582.06 FEET; 3) NORTH 87 °38'44" EAST 2,630.49 FEET; Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP Al 16 (Continued on Sheet No. 3.2) ORIGINAL SHEET NO. 3.2 (Continued from Sheet No. 3.1) 4) NORTH 87 °41'38" EAST 2,640.92 FEET; 5) NORTH 87046-05" EAST 2,645.58 FEET; 6) NORTH 89 °37'45" EAST 2,687.06 FEET; 7) NORTH 89 °39'06" EAST 780.08 FEET; 8) 3,074.23 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 1,960.26 FEET THROUGH A CENTRAL ANGLE OF 89 051'20" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 44 042'37" EAST 2,768.73; 9) NORTH 00 °27'14" W EST 663.14 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT -OF- WAY LINE OF SAID CAMP KEIAS ROAD; THENCE ALONG SAID RIGHT -OF -WAY LINE IN THE FOLLOWING SEVEN (7) DESCRIBED COURSES: 1) SOUTH 89 °56'24" EAST 266.14 FEET; 2) 722.56 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 460.00 FEET THROUGH A CENTRAL ANGLE OF 89 059'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44 °56'23" EAST 650.54 FEET; 3) SOUTH 00 °03'36" WEST 600.00 FEET; 4) 529.01 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 760.00 FEET THROUGH CENTRAL ANGLE OF 39 °52'53" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 20 °00'02" WEST 518.39 FEET; 5) SOUTH 39 °56'29" WEST 543.45 FEET; 6) 589.90 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 840.00 FEET THROUGH CENTRAL ANGLE OF 40 014'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 19 °49'24" WEST 577.85 FEET; 7) SOUTH 00 °17'42" EAST 60.83 FEET TO THE POINT OF BEGINNING. CONTAINING 10805.08 ACRES, MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD BEARINGS ARE BASED ON THE WEST HALF OF THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 88 °54'34" WEST. Paul Marinelli Agent NAME TITLE _ NAME OF COMPANY: AVE MARIA UTILITY COMPANY, UlP 16 Al ORIGINAL SHEET NO. 4D _ ~ -- Intentionally left blank for future use. Paul Marinelli Agent _ _ _ _ _ _ -- _ _ _ _ _ — N/\K1E ///LE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 5.0 TECHNICAL TERMS AND ABBREVIATIONS 1.0 "AUTHORITY" - The Collier County Water and Wastewater Authority. 2.0 "BFC" - The abbreviation for "Base Facility Charge," which is the minimum amount the Company may charge its Customers and is separate from the amount the Company bills its Customers for wastewater consumption. -- 3.0 "CERTIFICATE" - A document issued by the Collier County Board of Commissioners authorizing the Company to provide wastewater service in a specific territory. 4.0 "COMMUNITIES SERVED " -The group of Customers who receive wastewater service from the Company and whose service location is within a specific area or locality that is uniquely separate from another. 5.0 "COMPANY" - Ave Maria Utility Company, LLLP 6.0 "CONSUMER" OR "CUSTOMER" - Any person, firm or corporation who has entered into an agreement to receive wastewater service from the Company and who is liable for the payment of that wastewater service. 7.0 "CUSTOMER'S INSTALLATION" - All pipes, shut -offs, valves, fixtures and appliances or apparatus of every kind and nature used in connection with or forming a part of the installation for rendering wastewater service to the Customer's side of the Service Connection whether such installation is owned by the Customer or used by the Customer under lease or other agreement. 8.0 "MAIN" - A pipe, conduit, or other facility used to accept wastewater service from individual service lines or through other mains. 9.0 "RATE" - Amount which the Company may charge for wastewater service. 10.0 "RATE SCHEDULE" - The rate(s) or charge(s) for a particular classification of service plus the several provisions necessaryfor billing, including all special terms and conditions under which service is furnished at such rate or charge. 11.0 "SERVICE" - Includes, in addition to all wastewater service required by the Customer, the readiness and ability on the part of the Company to furnish wastewater service to the Customer. 12.0 "SERVICE CONNECTION /POINT OF COLLECTION" - The point where the Company's pipes or meters are connected with the pipes of the Customer. 13.0 "SERVICE LINES" - The pipes between the Company's Mains and the Service Connection /Point of Collection. 14.0 "TERRITORY" (Service Area) - The geographical area described, if necessary, by metes and bounds but, in all cases, by township, range and section in a Certificate, which may be within or without the boundaries of an incorporated municipality. Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 A ORIGINAL SHEET NO. 6.0 INDEX OF RULES AND REGULATIONS Sheet Rule Number: Number: Access to Premises ........ ............................... 9.0 14.0 Adjustment of Bills ......... ............................... 10.0 22.0 Application............... ............................... 7.0 3.0 Applications by Agents ...... ............................... 7.0 4.0 Change of Customer's Installation ............................ 8.0 11.0 Continuity of Service ........ ............................... 8.0 9.0 Customer Billing ........... ............................... 9.0 16.0 Delinquent Bills ............ ............................... 7.0 8.0 Extensions ............... ............................... 7.0 6.0 Filing of Contracts ......... ............................... 10.0 24.0 General Information ........ ............................... 7.0 1.0 Inspection of Customer's Installation .......................... 8.0 13.0 Limitation of Use ........... ............................... 8.0 10.0 Meters.................. ............................... 9.0 20.0 Payment of Water and Wastewater Service Bills Concurrently ......... ............................... 9.0 18.0 (Continued on Sheet No. 6.1) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP (Continued from Sheet No. 6.0) 16 Al ORIGINAL SHEET NO. 6.1 Paul Marinelli Agent NAME TITLE Sheet Rule Number: Number: Policy Dispute ............. ............................... 7.0 2.0 Protection of Company's Property ............................ 8.0 12.0 Refusal or Discontinuance of Service ......................... 7.0 5.0 Right -of -Way or Easements .. ............................... 9.0 15.0 Termination of Service ...... ............................... 9.0 17.0 Type and Maintenance ...... ............................... 7.0 7.0 Unauthorized Connections - Wastewater ....................... 9.0 19.0 Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 7.0 RULES AND REGULATIONS 1.0 GENERAL INFORMATION - These Rules and Regulations are a part of the rate schedules and applications and contracts of the Company and, in the absence of specific written agreement to the contrary, apply without modifications or change to each and every Customer to whom the Company renders wastewater service. The Company shall provide wastewater service to all Customers requiring such service within its Certificated territory upon such terms as are set forth in this Tariff. 2.0 POLICY DISPUTE - Any dispute between the Company and the Customer or prospective Customer _ regarding the meaning or application of any provision of this tariff will, upon written request by either party, be resolved by the Authority. 3.0 APPLICATION - Wastewater service will be furnished only after a signed application is accepted by the Company or a written agreement is entered into by the Company with the Customer. The applicant must furnish to the Company the correct name and street address or lot and block number at which wastewater service is to be rendered. If accepted by the Company, a copy of the application or agreement for wastewater service will be furnished to the applicant upon request. 4.0 APPLICATIONS BYAGENTS - Applications for wastewater service requested byfirms, partnerships, associations, corporations, and others must be rendered only by duly authorized parties or agents. °~ When wastewater service is rendered under agreement or agreements entered into between the Company and an agent of a principal, the use of such wastewater service by the principal will constitute full and complete ratification by the principal of the agreement or agreements under which such wastewater service is rendered. 5.0 REFUSAL OR DISCONTINUANCE OF SERVICE - The Company may refuse or discontinue wastewater service to any member or agent of a household, organization, or business unless all prior - indebtedness for water or wastewater service delivered by the Company to such household, organization, or business has been paid in full. Service may also be discontinued for any violation by the Customer or consumer or any rule or regulation set forth in this Tariff. 6.0 EXTENSIONS - Extensions will be made to the Company's facilities in compliance with Authority Rules and Orders and this Tariff. 7.0 TYPE AND MAINTENANCE - The Customer's pipes, apparatus and equipment must be selected, installed, used and maintained in accordance with standard industry practice and must conform with these Rules and Regulations and must comply with all applicable laws and governmental regulations. The Company is not responsible for the maintenance and operation of the Customer's pipes and facilities. The Customer may not utilize any appliance or device that is not properly constructed, controlled and protected or which may adversely affect wastewater service. The Company may discontinue or withhold wastewater service to such apparatus or device. 8.0 DELINQUENT BILLS - Bills are due when rendered and, if not paid within 20 days after delivery, become delinquent and wastewater service may, after five days' written notice, be discontinued. When reconnection is performed during normal working hours, service will be resumed only upon payment of all past -due bills, together with the normal reconnection charge. (Continued on Sheet No. 8.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 A ORIGINAL SHEET NO. 8.0 (Continued from Sheet No. 7.0) When reconnection is performed other than during normal working hours, the after hours reconnection charge applies. The Company bears no liability by reason of wastewater service being discontinued to the Customer as a result of the Customer's failure to timely pay its bills. Partial payment of any bill may be refused by the Company, subject to a contrary order or direction by the Authority. 9.0 CONTINUITY OF SERVICE - The Company will at all times use reasonable diligence to provide continuous wastewater service and, having used reasonable diligence, is not liable to the Customer for failure or interruption of wastewater service. The Company is not liable for any act or omission caused directly or indirectly by acts of God or any other causes beyond its control. If, at any time, the Company interrupts or discontinues wastewater service for a period greater than one hour, all Customers affected by such interruption or discontinuance, will be given at least 24 hours' notice. 10.0 LIMITATION OF USE - Wastewater service purchased from the Company may be used by the Customer only for the purposes specified in the application for wastewater service and the Customer m may not resell or otherwise similarly dispose of such wastewater service. The Customer may not, except with the prior written consent of the Company, extend his lines across a street, alley, lane, court, property line, avenue, or other way in order to furnish wastewater service to an adjacent property through one meter even though such adjacent property may be owned by the Customer. In case of such unauthorized extension, sale, or disposition of service, the Customer's wastewater service will be subject to discontinuance until such unauthorized extension, remetering, sale or disposition of service is discontinued and full payment is made to the Company for wastewater service rendered by the Company (calculated on proper classification and rate schedules) and until reimbursement is made in full to the Company for all expenses incurred for clerical work, testing, and inspections. The Customer may not remeter the Customer's wastewater service. 11.0 CHANGE OF CUSTOMER'S INSTALLATION - The Customer may not change or alter the Customer's installation in a manner that will materially affect the proper orientation or operation of the pipes, mains, or stations of the Company, without the prior written consent of the Company. The Customer is liable for any charge resulting from a violation of this Rule. 12.0 PROTECTION OF COMPANY'S PROPERTY - The Customer must exercise reasonable diligence to protect the Company's property on the Customer's premises and may not knowingly permit someone to have access to the Company's pipes and facilities. If any loss or damage to property of the Company is caused by or arises out of the carelessness, neglect, or misuse by the Customer or the Customer's agents, the cost of repairing or replacing such property must be paid by the Customer. 13.0 INSPECTION OF CUSTOMER'S INSTALLATION - All of the Customer's wastewater service installations or changes must be inspected upon completion by Company to ensure that the Customer's piping, equipment, and devices have been installed in accordance with accepted standard practice and local laws and governmental regulations. Notwithstanding the foregoing, the Company may inspect the Customer's installation prior to rendering wastewater service, and from time to time thereafter, but assumes no responsibility for any portion thereof. (Continued on Sheet No. 9.0) Paul Marinelli Agent NAME TITLE IA UTILITY COMPANY, LLLP 16 r 7 NAME OF COMPANY: AVE MAR ORIGINAL SHEET NO. 9.0 (Continued from Sheet No. 8.0) 14.0 ACCESS TO PREMISES - The Company and its agents may access, at all reasonable hours, the Customer's premises for the purpose of installing, maintaining, and inspecting or removing the Company's property, reading meters and other purposes incident to delivering or terminating wastewater service and, in so doing, will not be liable for trespass. If reasonable access is not provided, service may be discontinued. 15.0 RIGHT -OF -WAY OR EASEMENTS - The Customer must grant or cause to be granted to the Company, and without cost to the Company, all rights, easements, permits, and privileges that are necessary for the rendering of wastewater service. 16.0 CUSTOMER BILLING - Bills for wastewater service will be rendered monthly. Bills are due when rendered and shall be considered as received by the customer when delivered or mailed to the service address or other address mutually agreed upon. Non - receipt of bills by Customer does not release or diminish the Customer's obligation with regard to payment. Any change in the municipal or county franchise tax levied upon the Company may be shown as a separate item on the Company's bills to its Customers. 17.0 TERMINATION OF SERVICE -The Company requires reasonable advance notice from the Customer if the Customer desires to terminate wastewater service. 18.0 PAYMENT OF WATERAND WASTEWATER SERVICE BILLS CONCURRENTLY- If both waterand wastewater service are provided by the Company, payment of any water service bill rendered by the _y Company to a Customer will not be accepted by the Companywithout the simultaneous or concurrent payment of any wastewater service bill rendered by the Company. If bills for either water or wastewater service are not timely paid in accordance with the Company's Rules and Regulations, the Company may discontinue both services to the Customer's premises. The Company will not reestablish or reconnect either water or wastewater service until such time as all water and wastewater service charges and all other expenses or charges established by these Rules and Regulations are paid. 19.0 UNAUTHORIZED CONNECTIONS - Connections to the Company's wastewater system for any purpose may be made only by the Company or its agents. Any unauthorized connections to the Company's wastewater service are subject to immediate discontinuance without notice and wastewater service will not be restored until such unauthorized connections have been removed and unless payment is made in full for all wastewater service estimated by the Company to have been used by reason of such unauthorized connection. 20.0 METERS - All water meters must be furnished by, and remain the property of, the Company and must be accessible by the Company and subject to its control. The Customer must provide meter box to the Company at a suitable and readily accessible location and, if the Company considers it advisable, -_ within the premises to be served. Under such circumstances, the Customer must provide adequate and proper space for the installation of meters and other similar devices. (Continued on Sheet No. 10.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP Ib A 1 ORIGINAL SHEET NO. 10.0 (Continued from Sheet No. 9.0) 21.0 INTENTIONALLY LEFT BLANK 22.0 ADJUSTMENT OF BILLS - If a Customer has been overcharged or undercharged as a result of an incorrect application of the rate schedule, incorrect reading of the meter, incorrect connection of the meter or other similar reasons, the amount overcharged or undercharged, may be refunded or credited to the Customer's bill, in the Company's discretion, as the case may be. 23.0 INTENTIONALLY LEFT BLANK 24.0 FILING OF CONTRACTS - The Company will file with the Authority copies of all special contracts for service, including developer agreements, within 30 days of execution. Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 A ORIGINAL SHEET NO. 11.0 INDEX OF RATES AND CHARGES SCHEDULES Sheet Number Customer Deposits .... 15.0 General Service, GS ... 12.0 ............................... Miscellaneous Service Charges ......................... 16.0 Residential Service, RS . ............................... 13.0 Reclaimed Water Service 14.0 ............................. Service Availability Fees and Charges .................... 17.0 Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP ib Al , ORIGINAL SHEET NO. 12.0 GENERAL SERVICE RATE SCHEDULE GS AVAILABILITY - Available throughout the area served by the Company. APPLICABILITY - For wastewater service to commercial Customers and all Customers for which no other schedule applies. LIMITATIONS - Subject to all of the Rules and Regulations of this Tariff and General Rules and Regulations of the Authority. Paul Marinelli Agent NAME TITLE BASE FACILITY RATE - METER SIZE CHARGE PER MONTH 5/8" x 314" $ 28.36 ill $ 70.90 1 1/2" $ 141.80 2" $ 226.88 3 $ 425.40 4" $ 709.00 6" $ 1,418.00 8" $ 2,268.80 Gallonage Charge (per 1,000 gallons) $ 2.62 MINIMUM CHARGE - Base Facility Charge only, if no consumption. TERMS OF PAYMENT - Bills are due when rendered and become delinquent if not paid within 20 days. After five days' written notice, wastewater service may be discontinued. Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP RESIDENTIAL SERVICE RATE SCHEDULE RS 16 Al 46 ORIGINAL SHEET NO. 13.0 AVAILABILITY - Available throughout the area served by the Company. APPLICABILITY - For wastewater service to all residential Customers. LIMITATIONS - Subject to all of the Rules and Regulations of this Tariff and General Rules and Regulations of the Authority. BASE FACILITY RATE - METER SIZE CHARGE PER MONTH 518" x 3/4" $ 28.36 ill $ 70.90 1 1/2" $ 141.80 2" $ 226.88 3 $ 425.40 4" $ 709.00 6" $ 1,418.00 81. $ 2,268.80 Gallonage Charge (per 1,000 gallons) $ 2.62 MINIMUM CHARGE - Base Facility Charge only, if no consumption. TERMS OF PAYMENT - Bills are due when rendered and become delinquent if not paid within 20 days. After five days' written notice, wastewater service may be discontinued. Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 A a ORIGINAL SHEET NO. 14.0 RECLAIMED WATER SERVICE RATE SCHEDULE AVAILABILITY - Available by special contract to areas within the certificated service territory of Service Company. APPLICABILITY - To the extent of its capacity and wastewater flows, the Utility will provide irrigation quality water using treated wastewater effluent. LIMITATIONS - Subject to all the rules and regulations of this tariff and general rules and regulations of the Authority. Customer Gallonage Charge (Per 1 000 gallons) All $ 0.30 Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 15.0 CUSTOMER DEPOSITS PURPOSE OF DEPOSIT - To provide Company with security towards payment of wastewater service bills. ESTABLISHMENT OF CREDIT - Before rendering wastewater service, the Company may require an applicant for service to establish credit to the Company's satisfaction; however, the establishment of such credit does not - relieve the Customer from complying with the Company's rules for prompt payment. AMOUNT OF DEPOSIT - The amount of initial deposit will be the following according to meter size: Meter Size Deposit 5/8" x 3/4" $ 55 1 $ 140 1 1/2" $ 280 2" $ 450 3 $ 950 4" $ 1,400 6" $ 2,800 8" $ 4,500 ADDITIONAL DEPOSIT - When warranted, the Company may require a new deposit, if previously waived or returned, or an additional deposit in order to secure payment of current bills. INTEREST ON DEPOSIT - The Company will pay simple interest on Customer deposits at a rate of three (3)% per annum; however, no interest will begin accruing unless and until the Customer has timely paid for at least six months of continuous service. The payment of interest will be made once a year as a credit on regular bills and on final bills when service is discontinued. REFUND OF DEPOSIT - After a residential Customer has established a payment record to the satisfaction of the Company and has received service for 23 consecutive months, the Company will refund the Customer's deposit. The Company may, in its discretion, hold the deposit of a non - residential Customer who has received service for 23 consecutive months, but shall continue to pay interest on the non - residential Customer's deposit. Nothing in this Tariff prohibits the Company from refunding a Customer's deposit in less than 23 months. Paul Marinelli Aaent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 A ORIGINAL SHEET NO. 16.0 MISCELLANEOUS SERVICE CHARGES The Company may charge the following miscellaneous service charges. INITIAL CONNECTION - Administrative Charge imposed for service initiation at a location - where service did not previously exist. NORMAL RECONNECTION - Charge imposed for transfer of service to a new Customer account at a previously served location or reconnection of service subsequent to a Customer requested disconnection. AFTER HOURS RECONNECTION - Charge imposed when reconnection is imposed other than during normal working hours. VIOLATION RECONNECTION - Charge imposed prior to reconnection of an existing Customer after disconnection of service for any cause contemplated by the Company's Rules and Regulations or violation of applicable law including a delinquency in bill payment. PREMISES VISIT CHARGE (IN LIEU OF DISCONNECTION) - Charge imposed when a service representative visits a premises for the purpose of discontinuing service for nonpayment of a due and collectible bill, but the service representative does not discontinue service because the Customer pays the service representative or otherwise makes satisfactory arrangements to pay the bill. SERVICE PROBLEM IDENTIFICATION CHARGE - Charge imposed if the Company is called by a Customer to remedy a service problem and the Company discovers the cause of the -- service problem to be on the Customer's side of the Service Connection /Point of Collection. Schedule of Miscellaneous Service Charqes Initial Connection Fee $ 30 Normal Reconnection Fee $ 30 After Hours Reconnection Fee $ 60 Violation Reconnection Fee" $ 30 Premises Visit Fee $ 20 (in lieu of disconnection) Service Problem Identification Charge $ 50 per hour (' Plus all past -due wastewater bills, interest, and penalties.) TERMS OF PAYMENT - The initial connection /normal reconnection charge will be imposed on the Customer's first subsequent bill. The violation reconnection charge (plus all past -due wastewater bills, interest, and penalties) must be paid prior to service being reconnected. Paul Marinelli Agent NAME TITLE COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al NAME OF ORIGINAL SHEET NO. 17.0 SERVICE AVAILABILITY FEES AND CHARGES Refer to Service Availability Policy Amount Sheet No. /Rule No. Description Customer Connection (Tap -in) Charge Actual Cost' 25.0/ 7.0 All meter sizes Actual Cost' 28.0/16.0 Inspection Fee Main Extension Charge Actual Cost' 24.0/ 3.4 Residential -per ERC (_GPD) Actual Cost' 24.0/ 3.4 All others -per gallon or Residential -per lot (_foot frontage) Actual Cost' Actual Cost' 24.0/ 3.4 24.0/ 3.4 All others -per front foot Actual Cost' 26.0/11.0 Plan Review Charge System Capacity Charge $ 470.61 24.0/ 3.3 Per ERC (250 GPD) 'Actual Cost is equal to the total cost incurred for services rendered. Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 18.0 INDEX OF STANDARD FORMS Description Sheet No. CUSTOMER'S GUARANTEE DEPOSIT RECEIPT ..... 19.0 COPY OF CUSTOMER'S BILL ..................... 20.0 Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 19.0 CUSTOMER'S GUARANTEE DEPOSIT RECEIPT Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP COPY OF CUSTOMER'S BILL 16 Al ORIGINAL SHEET NO. 20.0 Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 q a ORIGINAL SHEET NO. 21.0 INDEX OF SERVICE AVAILABILITY POLICY RULE SHEET (CONTINUED ON SHEET 21.1) Paul Marinelli Agent NAME TITLE 22.0 1.0 PURPOSE ..................................................................... 22.0 2.0 AVAILABILITY .................................................................. 3.0 REQUIREMENT FOR PAYMENT OF CONTRIBUTIONS IN AID OF CONSTRUCTION ........................................................ 22.0 3.1 ON-SITE FACILITIES (CONTRIBUTIONS IN AID 22.0 OF CONSTRUCTION) .............................................. ....... ... 3.2 OFF-SITE FACILITIES (CONTRIBUTIONS IN AID . 23.0 OF CONSTRUCTION) .......................................................... 3.3 SYSTEM CAPACITY CHARGES ................................................... 24.0 3.4 MAIN EXTENSION CHARGES .................................................... 24.0 3.5 GALLONS PER DAY, WATER AND SEWER ......................................... 24.0 4.0 DEVELOPER AGREEMENTS ..................................................... 24.0 5.0 WATER AND SEWER CAPACITY RESERVATION .................................... 24.0 6.0 INTENTIONALLY LEFT BLANK 7. 1 0 CUSTOMER CONNECTION CHARGES ............................................. 25.0 8.0 ACTION BY GOVERNMENTAL AUTHORITIES OR 25.0 CURTAILMENT FROM OTHER CAUSES ..................................... . . . ..... 9.0 TRANSFER OF CONTRIBUTED PROPERTY - . 25.0 BILLSOF SALE ........... ................................................... 10.0 EASEMENTS AND RIGHT-OF-WAY ................................................ 26.0 11.0 PLAN REVIEW FEES ............................................................ 26.0 11.1 PLANS AND SPECIFICATIONS ................•...• ..•••.••••.••.....•.••.•••••... 27.0 12.0 APPROVAL OF CONTRACTORS .................................................. 27.0 13.0 INSPECTION OF PLUMBER'S HOOK-UP ............................................ 27.0 14.0 DISPOSITION OF CAPACITY BY CONTRIBUTOR ..................................... 28.0 (CONTINUED ON SHEET 21.1) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 A .L ORIGINAL SHEET NO. 21.1 15.0 FACILITIES CONSTRUCTION ..................................................... 28.0 16.0 INSPECTIONS ................................................................. 28.0 17.0 EXTENSION OUTSIDE TERRITORY ............................................... 28.0 18.0 ADJUSTMENT PROVISIONS ...................................................... 28.0 19.0 REFUNDABLE ADVANCES ....................................................... 29.0 TABLE OF DAILY FLOWS ....................................................... 30.0 Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al {. ORIGINAL SHEET NO. 22.0 SERVICE AVAILABILITY POLICY 1.0 PURPOSE. The Company establishes this policy for the purpose of creating a uniform method of determining the contribution in aid of construction to be paid and other conditions to be met by property owners, builders or developers (hereafter, individually or collectively, referred to as "Contributor') seeking to obtain wastewater service from the Company within its service territory. 2.0 AVAILABILITY. The provisions of this policy are applicable to Contributors throughout the Company's service territory, subject only to matters of economic feasibility. 3.0 REQUIREMENT FOR PAYMENT OF CONTRIBUTIONS IN AID OF CONSTRUCTION. The Company declares that it will receive as contributions from Contributor(s) contributions in kind and /or cash payments, as provided in a separate written developer's agreement, in order to defray (i) the Company's acquisition, engineering, administrative, construction and /or improvement costs for the property, facilities, equipment and professional services necessary to provide the On -Site Water Transmission System (as defined in the Company's Water Tariff) or On -Site Wastewater Collection System (defined hereafter), as applicable; and (ii) the Company's acquisition, engineering, administrative, construction and/or improvement costs for the property, facilities, equipment and professional services necessary to provide the Off -Site Water Transmission System (as defined in the Company's Water Tariff) or Off -Site Wastewater Collection System (defined hereafter) and the Wastewater Treatment Plant (defined hereafter). The Off -Site Facilities and Wastewater Treatment Plant costs will be allocated on a pro rata basis between the properties receiving service therefrom. 3.1 ON SITE FACILITIES (CONTRIBUTIONS IN AID OF CONSTRUCTION). The Company may design and install On -Site Facilities and require the Contributor to pay the actual cost of design and construction, including all costs hereinafter enumerated. Alternatively, the Company may permit or require the Contributor to install the On -Site Facilities, subject to the Company' approval of the design and construction of the facilities. If the Contributor requests the Company to design and construct the facilities, the Contributor must pay the Company's engineering, supervisory, administrative and legal costs for doing so. The Contributor will also be responsible for financing the design and construction of the On -Site Facilities in a manner that permits transfer of control and ownership of the facilities to the Company free and clear of all liens and encumbrances. All transfers of On -Site Facilities must be in a form reasonably satisfactory to Service Company's attorney and must be accompanied by satisfactory evidence of ownership free and clear of any liens and encumbrances. All expenses associated with the design and construction of the On -Site Facilities, including, but not limited to, permit fees and costs incurred in connection with inspection, installation, analysis, testing, insurance, legal work or engineering must be paid by the Contributor. The Company may install or require the installation of oversized lines or facilities on the Contributor's property in order for the Company to be able to provide service to other properties in accordance with the master plan of the Company. If so requested by the Company, the Contributor will be required to advance the entire cost. The cost in excess of the actual cost to serve the Contributor's property will be subject to a refundable advance agreement between the Company and the Contributor. (CONTINUED ON SHEET 23.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP (CONTINUED FROM SHEET 22.0) 16 Al ORIGINAL SHEET NO. 23.0 The term "On -Site Facilities" means those facilities used to deliver wastewater service to the Contributor's property that are situated within the boundaries of the Contributor's property and also includes all facilities on the Contributor's side of the Point of Delivery. The term "Point of Delivery" means, for metered service, the outlet connection of the meter and, for non - metered service, the point at which the Company's piping connects with the Contributor's piping. All other facilities used to deliver wastewater service to the Contributor's property are "Off -Site Facilities." If Off -Site Facilities intersect the Contributor's property pursuant to an easement, such facilities will not be considered On -Site Facilities. Customer's Installation means the same as defined in the Company's Tariff. The repair and maintenance of the facilities comprising the Customer's Installation will be the responsibility of the Contributor or Customer. The term "Water Transmission System" means the same as that term is defined in the Company's Water Tariff. The term "Wastewater Collection System" means all component parts of the system used to deliver wastewater service to the Contributor's property including, but not limited to, collection lines, manholes, force mains, lift or pumping stations, including site locations, and all appurtenances, which are not situated within the boundaries of the Contributor's property and also includes that part of the system that is on the Company's side of the Point Of Delivery. 3.2 OFF SITE FACILITIES (CONTRIBUTIONS IN AID OF CONSTRUCTION). Service to property may be dependent upon the extension or the existence of previously extended Off -Site Facilities. If such Off -site Facilities are deemed necessary by the Company in order to provide service to the property, the Contributor must pay in advance the total cost of the pro rata share of all Off -Site Facilities (hereafter "Main Extension Charges "). The determination of the pro rata share will be based upon reasonable engineering judgment, which will include the Company's demand of (a) the area to be developed: (b) the development trends in the surrounding territory; (c) the consumer density and estimated use of service by the proposed development; and (d) the hydraulic share method or the front footage method, whenever practicable. The Main Extension Charge will be applicable irrespective of whether the facilities have been previously constructed or are necessary to be constructed. The Company may permit or require the Contributor to install all or a portion of Off -Site Facilities. If designed and constructed by the Contributor, the facilities must be designed by the Contributor's engineer and, thereafter, constructed in accordance with the Company's design standards and specifications. The Contributor will also be responsible for financing the design and construction of the Off -Site Facilities in a manner that permits transfer of control and ownership of the facilities to the Company free and clear of all liens and encumbrances. All transfers of Off -Site Facilities must be in a form reasonably satisfactory to Service Company's attorney and must be accompanied by satisfactory evidence of ownership free and clear of any liens and encumbrances. All expenses associated with the design and construction of the Off -Site Facilities, including, but not limited to, permit fees and costs incurred in connection with inspection, installation, analysis, testing, insurance, legal work or engineering must be paid by the Contributor. The Company may install or require the installation of oversized lines or facilities with respect to the Off -Site Facilities in order for the Company to be able to provide service to other properties in accordance with the master plan of the Company. If so requested by the Company, the Contributor will be required to advance the entire cost. The cost in excess of the actual cost to serve the Contributor's property will be subject to a refundable advance agreement between the Company and the Contributor as to the contribution of third parties subsequently connecting to the Off -Site Facilities (see Section 19.0 Refundable Advances). (CONTINUED ON SHEET 24.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP (CONTINUED FROM SHEET 23.0) 3.3 SYSTEM CAPACITY CHARGES. 16 Al ORIGINAL SHEET NO. 24.0 The Company requires that all Contributors pay a pro rata share of the cost of the Company's Wastewater Treatment Plant, as System Capacity Charges, irrespective of whether the facilities have been constructed or may in the future be constructed. System Capacity Charges are calculated based upon the estimated demand of the Contributor's proposed installations and improvements upon the Company's collection and treatment facilities and are computed by multiplying the charges set forth on the Schedule of Fees and Charges by the estimated daily consumption provided in the Table of Daily Flows. System Capacity Charges are payable upon execution of a Developer Agreement or, at Company's discretion, one -half at the time of site development approval with the balance due at the time of building permit approval. At no time will service commence to property prior to payment in full of all System Capacity Charges. 3.4 MAIN EXTENSION CHARGES. If the Company elects to be responsible for the design, construction, installation and connection of the Off -Site facilities as set forth in this policy, the Contributor must pay to the Company the Company's actual costs incurred in the acquisition, planning, design, construction and /or improvement of the Off -Site Facilities. 3.5 GALLONS PER DAY WATER AND SEWER. The Table of Daily Flows included with this policy will be used to compute System Capacity Charges and, if applicable, Main Extension Charges. If there are common facilities for multiple dwelling units such as irrigation, laundering, recreation facilities and commercial and commercial /residential facilities, the determination of System Capacity Charges and Main Extension Charges will be based upon the use characteristic defined by engineering data supplied by the prospective Contributor as accepted by the P Company. 4.0 DEVELOPER AGREEMENTS. -- Subject to Authority rules to the contrary, the Company requires a Contributor to enter into a written Developer Agreement with the Company, whose terms are consistent with the provisions of this policy. The Contributor, in addition to the other fees and charges set forth in this policy and the Company's Tariff, must bear the cost of the Company negotiating, preparing and executing the Developer Agreement, including the Company's attorneys' fees and administrative costs. 5.0 WATER AND SEWER CAPACITY RESERVATION Upon payment by the Contributor of all costs and charges required by the Company and execution of a Developer Agreement, the Company will reserve capacity, as set forth in the Developer Agreement. If, for example, the Contributor contemplates construction of a single - family residence upon the Contributor's property with a calculated demand of Two Hundred Fifty (250) gallons per day, that capacity will be built or reserved for the Contributor. The Company is not obligated to provide capacity or service in excess of the Contributor's reservation and may require Consumers to curtail use that exceeds the Contributor's allocated capacity, if there is an above average demand on a consistent basis, as determined by the Company. The Company may also require the Contributor to pay fees and make necessary commitments based, in the Company's discretion, on the actual and experienced demand in those portions of the Company's service territory where demonstrated demand characteristics of customers exceed the daily rated gallons of demand as set forth in the Table of Daily Flows. (CONTINUED ON SHEET 25.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 A ORIGINAL SHEET NO. 25.0 (CONTINUED FROM SHEET 24.0) For example, when the Company's records and experience reflect that a single - family residence of the type which the Contributor proposes to build in a specific community places demand during certain times of the year equal to 600 gallons per day, the charges per gallon demand set forth in Paragraph 3.3 of this policy will be multiplied by 600 gallons. Under no circumstances will the Company be required to build or accept plans, specifications, fees, charges or agreements predicated upon demand for wastewater service of less than 250 gallons per single - family residential equivalent per day. The Company may allocate wastewater capacity reserved for the Contributor to other developers or Customers if the Company (i) has funds available to replace the facilities utilized by such developers or Contributors; (ii) has received preliminary approval by governmental authorities for construction of such facilities; and (iii) the anticipated completion date for construction of such new facilities is adequate to meet the Contributor's requirements for such facilities in accordance with the plan of development delivered to the Company. If the Company allocates reserved capacity to other developers under these circumstances, the Company will notify the Contributor and inform the Contributor that the Contributor has 30 days within which to file an objection with the Company, which must include notice that the Contributor will need the reserved capacity within the indicated period. 6.0 INTENTIONALLY LEFT BLANK 7.0 CUSTOMER CONNECTION CHARGES. The Company charges each Contributor or Customer requesting wastewater service a Connection (Tap -In) Charge to defray the Company's actual cost of connecting to the Company's wastewater main. The Company collects the charge for a short line when the property to be served is located on the same side of the street as the main extension line. The charge for a long line is collected when the property to be served is located on the opposite side of the street from the main extension line. The fees will be charged as set forth in the Service Availability Fees and Charges portion of the Company's Tariff. 8.0 ACTION BY GOVERNMENTAL AUTHORITIES OR CURTAILMENT FROM OTHER CAUSES. A requirement by any governmental authority to limit or curtail utility services, such as a moratorium, or any - other cause beyond the Company's control, may restrict the use of utility services or curtail excess wastewater service use. Contributors and Customers obtain reservation of wastewater service or wastewater service subject to this notice of limitation. 9.0 TRANSFER OF CONTRIBUTED PROPERTY - BILLS OF SALE. The Company reserves the right to construct all facilities necessary to deliver wastewater service to the Point of Delivery. If the Company elects to accept facilities constructed by someone other than the Company, the rules set forth in this section apply. Each Contributorwho has constructed portions of facilities must convey the component parts of thefacilities -- to the Company by Bill of Sale, in a form satisfactory to the Company's attorney, together with such evidence as may be requested by the Company that the facilities to be transferred to the Company are free of all liens and encumbrances. Facilities constituting Customer's connections on the Customer's side of the Point of Delivery are not to be transferred to the Company and will remain the property of individual Customers and their successors or assigns. (CONTINUED ON SHEET 26.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 A ORIGINAL SHEET NO. 26.0 (CONTINUED FROM SHEET 25.0) The Company will not accept title to any facility constructed by someone other than the Company unless and until the Company's engineer has approved the construction of the facilities and accepted the tests that determine that the construction of the facilities is in accordance with the criteria established by the Company. The Contributor must indemnify and hold the Company harmless from any replacements or repairs required to be made to contributed facilities for two years from the date of conveyance to the Company. The Contributor must maintain accurate cost records that support the construction costs of all facilities w._ constructed bythe Contributor, which are, thereafter, conveyed to the Company. The cost information must be furnished to the Company concurrently with delivery of the Bill of Sale. Delivery of this cost information is a prerequisite to the Company accepting the facilities. The Contributor's cost records must be in sufficient detail in order for the Company to determine the description of each item being contributed, together with the cost related thereto. The cost records must include, at a minimum, the cost for permit fees, inspection, installation, analysis, testing, insurance, legal and engineering. The Company may refuse connection and deny delivery of wastewater service to any Contributor or �. Customer seeking service until the provisions of this section are satisfied. The Company's obligation to serve and maintain contributed facilities in single unit developments, such as a mobile home park, shopping center, or apartment complex, when the facilities are located wholly within the development, as opposed to public rights of way, extends only to the repair or replacement of the facilities. The Company is not liable for damages to, or the replacement or repair of, surface areas; however, the Company will exercise reasonable efforts to restore the surface area where the work was performed. 10.0 EASEMENTS AND RIGHTS -OF -WAY In addition to any other requirement set forth in this policy and the Company's Tariff, the Contributor is responsible, at its own cost, for obtaining all easements or rights -of -way necessary, to the Company's satisfaction, in order for the Company to be able to deliver wastewater service. Easements must contain sufficient land in order to provide ingress and egress to the property where the facilities are situated, together with sufficient land, as required by the Company to install, maintain, remove, repair and replace the Company's facilities. All grants or conveyances to the Company must be (i) free and clear of all liens and encumbrances, (ii) in a form proper for recording, and (iii) satisfactory to the Company's attorney. 11.0 PLAN REVIEW FEES All engineering plans or designs for the construction of facilities by a Contributor or Customer, which are intended to be conveyed to the Company, are subject to review by the Company, at the Contributor or Customer's expense. The Company may charge a fee to review the plans and designs, which will based upon the actual cost to the Company, including costs for the Company's engineer's review and -- administrative and legal costs. (CONTINUED ON SHEET 27.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP (CONTINUED FROM SHEET 26.0) 11.1 PLANS AND SPECIFICATIONS 16 Al ORIGINAL SHEET NO. 27.0 Contributor shall cause to be prepared and delivered to Company copies of applications for permits and finalized engineering plans prepared and sealed by a professional engineer registered in the State of Florida. Plans shall show the On -Site Facilities proposed to be installed provide service to Consumers within the Property. Such detailed plans may be limited to the first development phase only, and in such instance, plans for subsequent phases shall be furnished from time to time as such phases are to be developed . However, each such development phase shall conform to a master plan for the development of the Property and such master plan shall be submitted to Company concurrent with or prior to submission of engineering plans for the first development phase. Developer may modify such master plan any time in such a manner as to not interfere with Company's existing facilities and, upon modification, shall submit copies of the modified plan to Company. Contributor shall cause its engineer to submit specifications governing the material to be used and the method and manner of installation. All such plans and specifications submitted to Company's engineer shall meet the minimum specifications of Company, as referenced in the Ave Maria Utility Company Technical Standards and Specifications and shall be subject to the approval of Company, which approval shall not be unreasonably withheld or delayed. No construction shall commence until the Company and necessary regulatory agencies, if any, have approved such plans and specifications. If permits and approved plans are returned by regulatory agencies to Developer, Developer shall submit to Company a copy of water and /or sewer permits and approved plans. Developer shall also supply to the Company an itemized list of materials and all contractors to be used covering all contract items. 12.0 APPROVAL OF CONTRACTORS The Company has the right to approve any contractors retained by the Contributor; however, the right to approve will not be unreasonably withheld by the Company. 13.0 INSPECTION OF PLUMBER'S HOOK UP. It is the Contributor's responsibility to physically connect the Contributor's facilities with the Company's facilities. The Company may inspect all connections to ensure that connections are made in accordance with the Company's rules and are free from infiltration. The Contributor must notify the Company of any proposed connection with the Company's facilities. Any connection must remain available for inspection by the Company and is subject to approval by the Company. If a connection is backfilled or covered without the Company having inspected the connection, the Contributor, at its own cost, will be required to make the connection available for the Company's inspection upon demand; however, the connection will be deemed approved by the Company if the Company does not inspect the connection within 48 hours after receiving notice that the connection is ready to be inspected. The Company's right to inspect connection with its facilities does not mean that it has an obligation to inspect any connection. Moreover, inspections or tests conducted by the Company are not a guarantee by the Company as to materials, workmanship or compliance with standards. The Contributor retains the responsibility for the proper construction, installation and connection of the facilities. (CONTINUED ON SHEET 28.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 28.0 (CONTINUED FROM SHEET 27.0) 14.0 DISPOSITION OF CAPACITY BY CONTRIBUTOR The Contributor may assign its reserved capacity if the assignee assumes all of the Contributor's obligations under the Contributor's Developer Agreement with the Company and the Contributor obtains the prior written consent of the Company. The Company will not withhold its consent to an assignment if it is in connection with a sale of the Contributor's property. The Contributor or assignee must pay the Company's legal and administrative costs incurred in connection with the assignment. The Company will not refund the Contributors' contributions -in- aid -of- construction upon any assignment. 15.0 FACILITIES CONSTRUCTION. Subject to contrary requirements set forth in the Ave Maria Utility Company Technical Standards and Specifications, if any On -Site or Off -Site Facilities are constructed by the Contributor, not less than 30 days prior to beginning construction, the Contributor must deliver to the Company a complete copy of the plans and specifications of the proposed On -Site or Off -Site Facilities. The Company will, within 20 days, determine the acceptability of the plans and specifications. If the Company objects to the plans and specifications or any part thereof, the Contributor must defer beginning construction pending the resolution of the Company's objections. 16.0 INSPECTIONS. Subject to contrary requirements set forth in the Ave Maria Utility Company Technical Standards and Specifications, the Company may inspect the construction of the On -Site or Off -Site Facilities being built by the Contributor. The Company may charge an inspection fee for this service based upon the actual cost to Service Company, including the cost of independent contractors and administrative and legal costs. -� 17.0 EXTENSION OUTSIDE TERRITORY. The Company is not obligated to provide service outside of its certificated territory; however, the Company may initiate formal proceedings before the Authority to do so on behalf of the Contributor. Under such circumstances, the Contributor will be responsible for all costs related thereto, including, but not limited to, engineering, administrative and legal costs. The Company will make extensions outside of its certificated territory only if the extensions and treatment plant reservation or expansion required to serve such ` extensions are economically feasible. 18.0 ADJUSTMENT PROVISIONS. The charges set forth in this policy and the Company's Tariff may be adjusted or this policy may otherwise be modified in accordance with the applicable Collier County Ordinances and the Rules and Regulations of the Authority. (CONTINUED ON SHEET 29.0) Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 A ORIGINAL SHEET NO. 29.0 (CONTINUED FROM SHEET 28.0) 19.0 REFUNDABLE ADVANCES. The Company may require a refundable advance by a Contributor to temporarily defray the cost of any extension of facilities in excess of the size necessary to connect the Contributor's property with the Company's existing facilities. The Contributor may be required to advance to the Company additional Main Extension Charges or contribute additional facilities based upon the anticipated hydraulic load requirements of other undeveloped properties in accordance with the Company's master plan to serve surrounding areas. Charges paid by a Contributor beyond the Contributor's hydraulic share will be refunded to the Contributor in accordance with a refunding agreement that the Company negotiates with the Contributor, to be set forth in the Developer Agreement between the Company and Contributor. The refunding agreement will provide for a plan of refund based upon the extent of the Contributor's hydraulic share as compared to the cost of providing service to the other properties to be served by such facilities. The Company may limit the term of the refunding agreement to five years, after which the portion of the refund made to the Contributor will u be retained bythe Company. A Contributor may not recover an amount greater than the difference between the capitalized cost of such improvements and the Contributor's own share of such improvement. The Company does not include interest on the refund due the Contributor. The Company will make refunds to a Contributor on a pro rata basis as connections are made to the Company's facilities and payment for connection is made to the Company. The Company is not required to refund to a Contributor more than the Company has collected. Refunds by the Company to a Contributor is made on a semi - annual basis. Paul Marinelli Agent NAME TITLE NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP 16 Al ORIGINAL SHEET NO. 30.0 TABLE OF DAILY FLOWS FOR VARIOUS OCCUPANCIES Types of Building Usage Apartments ....................................... ............................... 214 gpd (1) Bars and Cocktail Lounges ........................... ............................... 20 gpcd (2) Boarding Schools (students and staff) .................. ............................... 85 gpcd Bowling Alleys (toilet wastes only, per lane) .............. ............................... 50 gpd Country Clubs (per member) .......................... ............................... 25 gpcd Day Schools (students and staff) ....................... ............................... 22 gpcd Drive -In Theaters (per car space) ....................... ............................... 4 gpd Factories (with showers) ............................. ............................... 31 gpcd Factories (without showers) ..................... ............................... _ gpd /100 sq ft Hospitals (with laundry) .......................... ............................... 250 gpd /bed Hospitals (without laundry) ......................... ............................... 68 gpd /bed Hotels and Motels ............................. ............................... 63 gpd /rm or unit Laundromats ............................... ............................... 450 gpd /washer Mobile Home Parks ............................ ............................... 140 gpd /trailer Movie Theatres, Auditoriums, Churches (per seat) ........... ............................... 4 gpd Nursing Homes ............................... ............................... 31 gpd /100 sq ft Office Buildings ............................... ............................... 8 gpd /100 sq ft Public Institutions (other than those listed herein) .......... ............................... 8 gpcd Restaurants (per seat) .............................. ............................... 10 gpcd Restaurants (fast food) (per seat) ...................... ............................... 3 gpcd Single- Family Residential Wastewater: 5/8 x 314" meter .................. ............................... _ gpd 1" meter ................................... ............................... — gpd 2" meter .................................. ............................... gpd Sewer: ................................................................... 248 gpd Townhouse Residences (3) ........................... ............................... 214 gpd Stadiums, Frontons, Ball Parks, etc. (per seat) ............. ............................... 45 gpd Stores (without kitchen waste) .................. ............................... 10 gpd /100 sq ft Speculative Buildings ............................ ............................... 10 gpd plus _ gpd /100 sq ft Warehouses ..................................... ............................... 9 gpd plus _ gpd /1000 sq ft (1) gpd - gallons per day (2) gpcd - gallons per capita per day (3) Condominiums shall be rated in accordance with the type (apartments, townhouses, etc.) NOTE: Wastewater gallonage refers to sanitary sewage flow on a unit basis for average daily flow in gallons per day. Wastewater tariff - August 3 version.wpd Paul Marinelli Agent NAME TITLE 16 Al Exhibit "K" Initial Rate Study and Rate Design 16 Al Ave Maria Utility Company, LLLP Initial Rate Study And Rate Design July 2004 GUASTELLA ASSOCIATES, INC. 100 BOYLSTON ST., SUITE 800, BOSTON, MA 02116 Table of Contents 16 Al Rate Design Page Letter of Transmittal _ -- Schedule 4 INTRODUCTION I Plant in Service EXECUTIVE SUMMARY 2 Schedule 4C REVENUE REQUIREMENT 4 Amortization of CIAC — T& D System WATER Capital Structure Schedule 6 Revenues 4 System Capacity Charge Analysis Operating Expenses 5 Net Operating Income 5 Income Statement — Complete System Rate Base 6 Schedule 9.2 _. Complete System Analysis 6 Revenues - Wastewater WASTEWATER Revenues — Effluent Reuse Schedule 10.1 Revenues 7 Expense Accounts — Effluent Reuse — Operating Expenses 8 Schedule I IA.1 Net Operating Income 8 Plant in Service - Effluent Reuse Rate Base 8 Schedule 11 B.2 CONCLUSION 8 CIAC Collection & Pumping System APPENDIX A — WATER Schedule 1 Income Statement — Complete System Schedule 2 Rate Design Schedule 2A Revenues Schedule 3 Expense Accounts -- Schedule 4 Rate Base Schedule 4A Plant in Service Schedule 4B Accumulated Depreciation Schedule 4C CIAC — T &D system Schedule 4D Amortization of CIAC — T& D System Schedule 5 Capital Structure Schedule 6 Billing Analysis Schedule 7 System Capacity Charge Analysis Work Papers W -1 to W -10 APPENDIX B —WASTEWATER Schedule 8 Income Statement — Complete System Schedule 9.1 Rate Design - Wastewater Schedule 9.2 Rate Design — Effluent Reuse Schedule 9A.1 Revenues - Wastewater Schedule 9A.2 Revenues — Effluent Reuse Schedule 10.1 Expense Accounts — Wastewater Schedule 10.2 Expense Accounts — Effluent Reuse Schedule 11 Rate Base - Wastewater Schedule I IA.1 Plant in Service - Wastewater Schedule 11A.2 Plant in Service - Effluent Reuse Schedule 11B.1 Accumulated Depreciation - Wastewater Schedule 11 B.2 Accumulated Depreciation — Effluent Reuse Schedule 11C CIAC Collection & Pumping System Schedule 1 l D Amortization of CIAC — Collection & Pumping Schedule 12 Capital Structure Schedule 13.1 Billing Analysis — Wastewater Schedule 13.2 Billing Analysis — Effluent Reuse Schedule 14 System Capacity Charge Analysis Work Papers S -1 to S -8 -� APPENDIX C — MAJOR ASSUMPTIONS APPENDIX D — QUALIFICATIONS & EXPERIENCE GUASTELLA ASSOCIATES, INC. _ UTILITY MANAGEMENT • VALUATION • RATE CONSULTANTS July 30, 2004 -° Mr. David B. Genson, P.E. Ave Maria Utility Company, LLLP 2600 Golden Gate Parkway Naples, Florida 34105 RE: Water and Wastewater Rate Study Dear Mr. Genson: 16 Al 100 BOYLSTON ST. SUITE 800 BOSTON, MA 02116 TEL: (617) 423 -3030 FAX: (617) 423 -2929 We have completed our rate study of the planned water and wastewater operations of Ave Maria Utility Company, LLLP ( "AMUC "). This report summarizes the results of our analyses. AMUC's revenue requirements or total cost of providing water, wastewater and effluent reuse service have been projected for a complete system necessary to serve various development projects in a new community, including Ave Maria University facilities. On the basis of the number of customers anticipated to be served by AMUC, the study also determines the initial rates necessary to cover the projected cost of service. This report provides a narrative description of the rate analysis and contains summary schedules and supporting work papers in order to explain the rate setting principles and calculations used to determine the various rates. We appreciate this opportunity to provide consulting services, and are available to answer any questions you may have regarding our findings. A statement of qualifications and experience is contained in Appendix D. Respectfully submitted, GUASTELLA ASSOCIATES, INC. John F. Guastella. P.E. President WWW.GUASTELLA.COM 16 Al INTRODUCTION Ave Maria Utility Company, LLLP ( "AMUC" or "Company ") is a utility that has been created to provide water and wastewater service in an area within the Ave Maria °- Stewardship Community District, in the eastern area of Collier County. AMUC is a partnership formed by New Town Management, LLC and New Town Development, LLLP. The planned development projects in this area include new facilities of Ave Maria University, a core -area town community and other surrounding residential and commercial real estate. It is anticipated that the currently contemplated development will be completed in 2021, and AMUC will provide water and wastewater service to some 10,000 residential customers and 1,000 commercial customers, including Ave Maria University facilities. The purpose of this study is to determine the overall costs of providing water and wastewater service, or revenue requirements, and the resultant rates and charges that will enable AMUC to provide safe and adequate service. The study has been performed on the basis of generally accepted utility economic, accounting and rate setting principles, and guided by the applicable ordinances and requirements of Collier County. The sources of information as to the projection of the costs of constructing and operating the utility facilities, and the scope of the development project in terms of service area and potential customers, were obtained from other consulting firms that will be involved in m the design, construction and operation of the utility systems, and the staff of AMUC. In addition to basic construction and operating costs, such other cost components have been included to reflect overheads, depreciation, accounting, regulatory fees, etc. AMUC's attorneys have provided typical tariff schedule forms, advice as to ordinance requirements and general legal guidance. 16 Al EXECUTIVE SUMMARY This rate study conforms to the legal guidepost decision of the Supreme Court, Federal Power Commission v. The Hope Natural Gas Co., 320 U.S., 591 (1944), that utilities must be given enough revenues to cover operating expenses as well as capital costs, and that the return to the equity owner should be commensurate with risks on investments in other enterprises having comparable risks and should be sufficient to assure confidence in the financial integrity of the enterprise so as to maintain its credit and attract capital. As a balanced approach, AMUC's revenue requirement has been calculated so that utility customers do not bear the risk of success with respect to the real estate project, and will pay rates that only cover the reasonable cost of providing utility service. The goal is to create a financially strong utility, even after the real estate project is complete, so that it will be able to attract capital on the strength of its own financial condition, and continue to make plant replacements and improvements that will be necessary to provide safe and adequate service in the future. Consistent with applicable regulatory rate - setting principles, rates of newly created developer- related utilities should not result in having the utility's ratepayers subsidize the risk of the success or failure of the real estate business. Specifically, the investment and cost of operations of the utility during the growth years can not be supported by the relatively small the numbers of customers being added from year to year in relation to the installed system. Accordingly, because the rates have been calculated to reflect a full complement of customers, they initially will produce operating deficits and little or no return on investment. The customers added during the growth years will pay only a proportionate share of the cost of providing service, and the utility owners will automatically absorb the operating deficits and lack of earnings during those growth years. ..�. 2 16 Al These "carrying costs" absorbed by the utility owners represent the cost to create a functioning utility business as a going concern. The magnitude of these carrying costs will be significant, depending on the rate of growth and the duration of the growth period. It is projected that utility service will first be provided in 2006 and the planned development project will be completed in 2021. Under the "Complete System" analysis, the utility rates have been calculated on the basis of the projected number of customers at the end of 2021, the net investment of utility plant in service at that time and the cost of operations, in current, uninflated dollars so that current customers will not pay rates for -- service on the basis of future price levels for operating expenses. It is therefore anticipated that any increase in operating expenses in the future due to inflation, operational and construction changes, delays, variances in system characteristics or other unanticipated -- changes will require compensatory revisions to the general rates for service. The possible occurrence of such future events, however, does not alter the compensatory nature of the revenue requirement and resultant rates established in this analysis. Accordingly, AMUC's potential customers can anticipate paying utility rates that reflect only the cost of providing utility service, and they will not bear any of the risks of the success or failure of the real estate business; the prices they are willing to pay for real estate will reflect the market value of the real estate. In other words, the utility rates have been established so that the utility customers pay for utility service and do not bear any risks related to the success or failure of the real estate development. 3 16 Al REVENUE REQUIREMENT The calculations of revenue requirements for the water and wastewater operations of AMUC are illustrated in a number of summary schedules. Separate but similar -- schedules are included for the water and wastewater operations. The "WATER" schedules are numbered 1 through 7, attached as Appendix A. This appendix also includes work papers that provide detailed information and calculations supporting the summary schedules. The "WASTEWATER" schedules are numbered 8 through 14, attached as Appendix B, along with supporting work papers. Appendix C lists the major assumptions used in preparing the revenue requirements and resultant rates. WATER Schedule 1 contains a projected income statement for a complete system. The operating revenues of $4,985,107 represent the revenue requirement, or the sum of each component of operating expense plus the net operating income that has been projected to serve a full complement of customers. This schedule contains references for each figure to identify supporting schedules. Revenues There are three schedules that provide information with respect to revenues. Schedule 2 shows the allocation of each cost component in order to determine the monthly base facility charge per ERC and usage rate. Schedule 2A shows, for each year of the projection period, the billing units (consumption and ERCs) by customer class, and the revenues that would be generated by each customer class under the proposed rates. Schedule 6 contains a summary billing analysis for the complete system, showing the 11 16 Al application of the proposed monthly service charges to the ERCs by meter size and the application of the usage rate to the projected consumption. Operating Expenses Schedule 3 shows the line item operation and maintenance expense projections for each year of the projection period, along with depreciation expense and payroll, property and regulatory assessment taxes. Additional information with respect to depreciation is shown on Schedules 4B and 4D. Schedule 4B sets forth the average service lives, by primary plant account, and the annual depreciation for each year of the projected period, calculated according to the growth in ERCs each year. Schedule 4D also shows the depreciation for each year of the projection period, net of the amortization of CIAC. The proposed revenue requirement does not include recovery of depreciation expense on CIAC, an option under the County's Ordinance 96 -6, Section 1 -6, H, 1, because contributed assets and cash contributions for construction are not initially funded by the utility. This treatment more accurately reflects the cost of providing service and is consistent with the predominant treatment of the amortization of CIAC throughout the country. It is also consistent with the County's ordinance in that all CIAC has been treated as a deduction to the rate base. It is noted that the exclusion of depreciation expense on CIAC would support the need for a higher rate of return because the resultant lower cash flow will require more outside financing. Net Operating Income The net operating income is calculated by multiplying the rate base by rate of return. The rate of return is determined according to the capital structure, synchronized to the rate base, and weighted cost of capital as shown in Schedule 5. As previously stated, AMUC will not earn a full return on its investment during the growth years. The W 16 Al shortfall in earnings - - and operating deficits will automatically be absorbed by the owners, representing the carrying costs necessary to create the utility. Rate Base The rate base calculation is set forth on Schedule 4, which also contains reference schedules for each major component. The utility plant in service is summarized for each year of the projection period, by primary plant account, on Schedule 4A. Work papers W -1 through W -7 provide additional detail of the projections, by year and by plant account, for each major plant expansion, along with summary schedules. The accumulated depreciation is shown on Schedule 4B for each year of the projection period, by plant account, along with the average services lives typically used as a guideline by the Florida Public Service Commission. Contributions in Aid of Construction are comprised of the water distribution system to be constructed by developers and conveyed to AMUC, as shown on Schedule 4C, and also Service Availability Charges for other components of the transmissions and distribution system as calculated on Schedule 7. The total CIAC is projected to be within the limit of 75% of the net plant investment at completion. The amortization of CIAC is projected on Schedule 4D, using the same amortization periods as the average service lives of the respective primary plant accounts. Complete System Analysis As previously discussed, the rate analysis is based on a fully developed system, reflecting revenues from all anticipated customers. This methodology assures that the customers added during the growth years will pay only a fair proportionate share of the cost providing utility service. The operating expenses have been projected using current, uninflated dollars so that the initial rates will reflect current, not future, price levels. 0 16 Al Because systems must be designed to have sufficient capacity to provide a "cushion" above the projected actual demands of all connected customers, it has been assumed that the full complement of customers will actually utilize about 80% of the designed capacity. The utility systems would of course still be considered 100% used and useful. Accordingly, the complete system rate analysis is consistent with Rule 1.7 (4) (c) of Collier County's rules for water and wastewater systems, which calls for a projection of operating expenses expected when 80% of the design capacity of the system is utilize by customers. This analysis is also consistent with Ordinance 96 -6, Section 1 -6, G, 3, that calls for projections of financial and operating data to a point in time when the utility is expected to be providing utility service at a reasonable capacity. WASTEWATER The wastewater schedules are formatted and arranged the same as the water schedules. Schedule 8 shows the operating revenues (revenue requirement) in the amount of $7,739,958. Each component of the revenue requirement is referenced to a supporting schedule. Revenues The wastewater operating revenues shown in Schedule 8 include "Effluent Reuse" sales in addition to general "Wastewater" service. Reference Schedule 9.1 contains the rate design for the wastewater rates, and Schedule 9.2 for the effluent reuse rates. The revenue projections by year and customer class are shown in Schedule 9A.1 and 9A.2 for wastewater and effluent reuse, respectively. Billing analyses are shown in Schedules 13.1 and 13.2 for wastewater and effluent reuse, respectively. 7 16 Al Operating Expenses The detailed operating expenses are projected for each year on Schedule 10.1 and ~- 10.2 for wastewater and effluent reuse, respectively, including depreciation expense. The total annual depreciation expenses (and accumulated depreciation) for wastewater and effluent reuse are also shown, by year, on Schedules 1113.1 and 1113.2, respectively. The amortization of CIAC is projected, by year on Schedule I ID for wastewater; there is no CIAC for the effluent reuse and, therefore, no amortization of CIAC. Net Operatin! Income The net operating income is based on the capital structure, synchronized to rate base, and rate of return as calculated on Schedule 12. While the rate of return is the same for wastewater and effluent reuse, the net operating income varies according to rate base. Rate Base The rate base, in total and for wastewater and effluent reuse, is calculated on Schedule 11. Schedule 11 contains references to schedules that provide details, by year, for Plant in Service, Accumulated Depreciation, Contributions in Aid of Construction and Amortization of CIAC. CONCLUSION The primary goal of AMUC is to provide safe and adequate water and wastewater service to the customers of a new community, in compliance with all regulatory and environmental requirements. We have carefully projected the capital and operating costs that will enable AMUC to meet that goal. The proposed rates reflect the recovery of those costs for a complete system that includes the anticipated number of customers. I. 16 Al Accordingly, each customer added during the growth years will pay only for the cost of utility service on a proportionate basis. The proposed rates reflect proper utility rate �- setting and economic principles. Respectfully submitted, GUASTELLA ASSOCIATES, INC. c John F. Guastella President r lt4 44A1;.& Gary C.Vhite Director of Accounting w.. 9 Appendix "A" Water 16 Al Ave Maria Utility Company, LLLP Schedule 1 WATER Income Statement - Complete System Reference Water Operating Revenues O &M Expenses Depreciation Payroll Taxes Property Taxes Regulatory Assessment Tax Federal and State Income Tax Net Operating Income Interest Expense Net Income Rate Base Rate of Return Sch 2, 2A, 6 $4,985,107 Sch 3 2,110,303 Sch 3, 46&4D 838,906 Sch 3 22,135 Sch 3 403,090 Sch 3 124,628 0 Sch 5 $1,486,045 Sch 5 710,717 Sch 5 $775,328 Sch 4 $17,229,508 Sch 5 8.625% 16 Al . 16 Al Ave Maria Utility Company, LLLP Schedule 2 WATER Rate Design Base Base Test Facility Gallonage Facility Gallonage Year Charge Charge Cost Cost 601 Salaries and Wages 283,778 50% 50% 141,889 141,889 603 Officers Salaries 60,000 50% 50% 30,000 30,000 604 Pension & Benefits 90,809 50% 50% 45,404 45,404 610 Purchased Water 0 100% 0 0 615 Purchased Power 433,579 100% 0 433,579 616 Fuel for Power 0 100% 0 0 618 Chemicals 249,124 100% 0 249,124 620 Materials and Supplies 219,209 50% 50% 109,604 109,604 631 Contract Service -Engr 5,000 50% 50% 2,500 2,500 632 Contract Service -Acctg 5,000 50% 50% 2,500 2,500 633 Contract Service -Legal 10,000 50% 50% 5,000 5,000 634 Contract Service -Mgmt 270,374 50% 50% 135,187 135,187 635 Contract Service - Testing 7,432 50% 50% 3,716 3,716 .. 636 Contract Service- Others 269,541 50% 50% 134,771 134,771 Contract Service -Bkkg. Etc 105,231 50% 50% 52,616 52,616 641 Rental of Bldgs /Property 0 100% 0 0 642 Rental of Equipment 36 100% 36 0 - 650 Transportation Expense 12,883 50% 50% 6,442 6,442 656 Insurance-Vehicles 3,500 100% 3,500 0 657 Insurance-Liability 14,686 100% 14,686 0 658 Insurance - Workers Comp. 20,206 100% 20,206 0 °- 659 Insurance-Others 0 100% 0 0 660 Advertising 80 50% 50% 40 40 666 Rate Case Expense 15,000 50% 50% 7,500 7,500 667 Reg. Commission Exp 2,500 50% 50% 1,250 1,250 670 Bad Debt Expense 21,002 50% 50% 10,501 10,501 675 Miscellaneous Expense 11,334 50% 50% 5,667 5,667 TOTAL O &M EXPENSE 2,110,303 733,014 1,377,289 403 Depreciation 838,906 100% 838,906 0 407 Amortization 0 100% 0 0 TOTAL DEPREC. & AMORT. 838,906 838,906 0 408 Payroll Taxes 22,135 100% 22,135 0 408 Property Taxes 403,090 100% 403,090 0 408 Regulatory Assessment Tax 124,628 59% 41% 73,530 51,097 TOTAL TAXES, OTHER 549,853 498,755 51,097 409 Federal and State Income Tax 0 0% 100% 0 0 TOTAL INCOME TAXES 0 0 0 RETURN ON INVESTMENT 1,486,045 59% 41% 876,767 609,278 TOTAL REVENUE REQUIREMENT $4,985,107 $2,947,443 $2,037,665 59.00% 41.00% Annual Base Charge Per ERC 11,230.7 Meter Equivalent (ERCs) $263.04 Gallonage Charge Per 1,000 Gals. 1,285,693.9 tg $1.58 W Wop0 oi& m �_� 16 A l0 fN0 W V O O W 888800v Tv 00� `` wry r�fF MO cow Ins pv C O r m h M 1p Nw N N wi Omlw y W ' C n w w w N O O p 0 0 0 l M 0 0 0 0 O l m n d D O X00 (V t D C 000eoIQ�p 880 o�(rpi� al fN' s t0 N pmt WO �p t0 Nw � (nwV N Oni J O n N N N R V i0 O O p O N M N 0 0 0 0 0 1 n NW O NO NO n � pp O� O c"! r 10° N m mpp p p n Ogg 00� OWi� N C) w� (p �N 1- MO W N f0 fNV fp w w Nw Nw w w w Q mm p o. 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O J rn 0 E� z ai Q a Q > W W � .O E o E E E Ems. ~ i A ` � aa `1 m = = " w LL m >> O m J ¢ N O UU' m c� U C 7 H J J a E �y Q u horn n !rv$SS�nan nmS�g °m��o�� cma $i cmv ri''5 g om pcpc�e mc� m��N o 1 L N m G M y C4 b w Al 00 O 00000 0!`r M NS Omf m m ONS t'1 ad0 M N N E NmNSm O rmNmGnnmd - - .- .-: YI � N� O N N ry N� ^ '^ •- N N E t0 � N Q N O N m O h O S S N< O N M N M d m O N O N M N A rnd � bm C mm -Y)O .^ a 'rvNe -fV N d N O S N� rn O p O M O 88 N O N p g m 0 S O N e0 N e O m m e, O N M m N 0 0 0 N O m m n m O 8 < O m a 0 0 OO m N N O O O O d e r ip m O N O N rn N iA � r frV N N ry S N S N Orni O S S m 0 Ol t0 ro m N Oni m 0 Yp) N Omi N Q tM'J ry ` m chi S S N S O S n d A N e °m rn m m O m N e M m C N O Oh IInO rn O�u>N GN e M m 0)OM OOf tp�SOSS mSNSOr crp�O m O m O m O O O r< m Y) — m m m$ d n m _ N v) 1 N S r r f 0 OMi M m N V N N O - ry r f r y m p O m m m O O p O N h 7 oSv of nmoSSvrl°a<m NSa mSp .°n mnm m Yrnimo Nr He m rn' Y1Nnpb 00 u ¢I Q ^ w 3 ��So° 6 o n m o oNd nm en oYlr d Wm Yoe <v m moo vim oN n co of f ^cvm o - - n � '. rnm �N °v NmSa o r b m N O rn m ,0 'o ln v !-^n O� C5 M MOM MtpOOOrPO to IMp �Om Y)O.. mo eYNirn Yrn S M 8 °p S p0 m a n rrvi S MOIM M arnp NSNC1 Orr M roil � -e m N� � ^ O! md 00 O ^ r m O O v0 n m p S P S m om in °mS °o °o nvmNn .- °e f " O p NNN � m NYl .- N OI Q S M S Orn O S O O M O N N O e S S S S N r M N T Eu Ax '`"inw °m °ma � N<n to Ntn fnNNmwL u u � u ` w °u o x110 2` cc pp N a aaIiU pp a- r2000UU 0, U ............ mi0 dmmmmmlp bbmm mOp OO n O N O O 1� Al Ave Maria Utilit y panyCom , LLLP Schedule 4 WATER Rate Base Reference Water Plant in Service Sch 4A, WP W1 to W7 $62,631,075 Accumulated Depreciation Sch 4B (12,244,768) Contributions in Aid of Constr. Sch 4C, 7 (39,477,214) Amortization of CIAC Sch 4D 6,026,627 Net Plant 16,935,720 Working Capital (1 /8th O &M) 263,788 "- Unamort. Bal. -Rate Case Exp 30,000 Rate Base $17,229,508 Net Operating Income Sch 1, 5 $1,486,045 Rate of Return Sch 5 8.625% , 16 A - 08 m 8 Rr9� m O ry 000 0000000000 °000 .... v.. o°000000°o 000 0oo0�°e000 0000 ooa�.o o00000000.OAA oo° 000 00 00°0 00 ^�0 0000000000 °gm° °° mgogo�N°oeoo�m °g ° °° °0 °° °° ° ° ° ° ° ° ° ° °° 000 000 0 0°00 0° o00000oo°oogm 000 onoom00000 omno oaoNmmm°m CD o�m oQgNOO$�grN m ry ry m s m m U ° °° Ig - .0 3 c �+ ° °00 ° ° ° ° ° ° n EEC_ Ems ESE Ott = Q° _EEG � a � E¢ u�° _ - a , 16 A 16 Al Eg 9 w R- �o �2 tO I T !nmg E E E tt y E E E El E E S Ll & E E > LZ 5 B. a cc & E- T T ' Z E j E E E F, o 20 E6 m Ot r \ cli RRWP # °& \; §@mc%- !§\ �(\ /fc!l cri § ( cz § � c4 i &K z .6 § § §i7 §§m @&k [(f( \ \\& * \/ a6 c6 cl 'IF 14 14 14 vi I / \ / / \ \ \,i cl 1. f §f7Ek# °i k(fJ§f7m m \( [T(( \ \(7 7 rk \�(� \ \�/ \ \ : �(\ \ }! \ \ \ } \k - l.. =..l.�e ml 1 16 Al J J J C a E 2' f a' O hR N m h r h° N N 1D P O1 th N P nm N O {i E N [1 Ip N O N a Q ONI m N m N f D< m av 0 S ��HQQI t U y �MmgN � L � f,f � E r N M n M n r m QE tm'f m N S ry m p 19 N N N n O O O h h fp N Si n NM r N l4 O� p V N p m ' 105 O X O m _ m m H N m N O m O N�p O O M m H O V�q o N O�p nm m m N m° Z r m m O ° m m h l7i m m m O �NC��c� of c aq ��mro V hm ro O m oN O�mN 0 NN N pq � [n N tp cN9 14 ��ppm �p m C4 m N 0 V NI O N n G Q m M 07 N ip M O N� fN0 p N H 0 h y h W m M h tp u? tp S iD N� 7 M d O� m N b O N N° Vaf ono m N r OOi O e6 w N U m rn m o .o �°or a iom a n N r rn w NmiN�p N -- `o O .q NeNnu'Nm"N'orvo�c� nN010m�dV� - -mp -U> m N Y a U w w O Q o m 16 16 mNnoM - 4 ��oi oui EMS NNa u�nroo� lm a cl e H N� rn m m w N M m n n N a o rlry �° o w w m m N rn.-nm onNNe N m r o o� o� 2 x N U U W O U v a . E N = a0 0 ro� v ~O a Z -H �Q� QZ u Q S D M p ¢ w v F O U w oc� c�a�agtD ¢a a`` ZU u aU o33r$gx''iv CO- maaa o¢ a a < a a < MMm 16 Al Ave Maria Utility Company, LLLP Long -Term Debt Common Equity Total 16 1 Schedule 5 WATER Capital Structure Weighted Return Amount Ratio Cost Rate Cost Requirement $9,476,229 55.0% 7.5% 4.125% $710,717 $7,753,279 45.0% 10.0% 4.500% $775,328 $17,229,508 100.0% 8.625% $1,486,045 Ave Maria Utility Company, LLLP WATER Billing Analysis 16 Al 41 Schedule 6 Annual Consumption (1,000 g.) 1,285,693.9 $1.58 $2,031,396 Total Annual Water Utility Operating Revenue $4,985,513 Revenue Requirement $4,985,107 Monthly Usage Meter Service Charge Annual Residential: Customers Equivalents Charge per 1,000_L. Revenues 5/8" x 3/4" 10,000 10,000.0 $21.92 $2,630,400 1.1 0 0.0 $54.80 0 11/2" 24 120.0 $109.60 31,565 2„ 0 0.0 $175.36 0 3„ 0 0.0 $328.80 0 4„ 0 0.0 $548.00 0 6„ 0 0.0 $1,096.00 0 8„ 0 0.0 $1,753.60 0 10,024 10,120.0 $2,661,965 General Service: 5/8" x 3/4" 870 870.0 $21.92 $228,845 1„ 60 150.0 $54.80 39,456 11/2" 18 90.7 $109.60 23,851 2„ 0 0.0 $175.36 0 3„ 0 0.0 $328.80 0 4„ 0 0.0 $548.00 0 6„ 0 0.0 $1,096.00 0 8„ 0 0.0 $1,753.60 0 948 1,110.7 $292,152 Annual Consumption (1,000 g.) 1,285,693.9 $1.58 $2,031,396 Total Annual Water Utility Operating Revenue $4,985,513 Revenue Requirement $4,985,107 16 Al �� Ave Maria Utility Company, LLLP Schedule 7 WATER System Capacity Charge Analysis A Gross Plant $62,631,075 B Land 162,800 C Depreciable Assets (A -B) 62,468,275 D Accumulated Depreciation to Date 0 E Accumulated Depreciation at Design Capacity 12,244,768 F Net Plant at Design Capacity, includes Land (A -E) 50,386,307 G Transmission and Distribution Mains 25,562,792 H Minimum Level of CIAC (G /A) 40.81% - I CIAC to Date 0 0 J Accumulated Amortization of CIAC to Date �- K Future Customers (ERCs) to be Connected 12,808.9 L Number of Years to Design Capacity 16 M Existing System Capacity Charges per ERC $0.00 N Level of CIAC at Design Capacity (M /F) 0% O Requested CIAC at Design Capacity $39,477,214 P Accumulated Amortization of CIAC at Design Capacity $6,026,627 Q Net CIAC (O -P) $33,450,587 R Net Plant at Design Capacity, includes Land (A -E) $50,386,307 S Level of CIAC at Design Capacity (Q /R) 66.39% T Total System Capacity Cost per ERC (O /K) $3,082.01 U Maximum Level of CIAC (Rule 25- 30.580, Fla Adm Code) 75.00% CIAC Summary: Cash CIAC per ERC ERCs at Completion ,7 122,808.808. 9 Total Cash CIAC $6,956,132 Total CIAC Property 32,521,082 Total CIAC at Completion (Design Capacity) $39,477,214 0 1p ��pp N > Q r V N ap N eD N N > pi00!N n >a n c rn o' o M N � m ry ry w n _ m � $mnomi� v>N_ r yomon mao co o m t T O C h m N m m m a o n ° N m M ail9 yam �Y N m t0 EmY wi a m Q m m�apY$mrm N pp N C 1A M NOG N N 3 � K Y 8 a � C O R m Omi c1t a oige In Env�i�aN .n IN a' moaN °v NtO p Y m m N O �O aSm� m Nrn� °e ° m m o roo v o m- w- 14 'ac Y - v 0 0 o M o e m o 0 0 0 ..... o m o 0 0 0 0 0 0 0 o M r c ar 5.5 U U a a¢ Nw o f a oo, °0 0 N o mu!" n= m c -E v m E c a m > n n E a° w R i E c .� wc�o� m w u rncw °wa rnn p_ _u rn OEw a ¢EE s me oEu, ¢EEaio�EuO �9ywEq� °y owv c Eouow O O - o. = E c 2 cm 2= z E c 2OM° r tU- E c rn 2 m m - = m 2 O i iD ^ Ho g° "! n ry m•?M. corn N eea �.� ?�a.a `�Nh n emu-, ui� a m"� o mu!" 16 A„ QQ O10 3 m$noouri m_ cbi' v a C 0 °; m M N N m n v QQ ll 7C r m m O N m ss V p U O N O Cr9 N M W N fM0 N O _ 0 0 0 0 0 U d 0 00 O E v u t m U LL n ggmnN c C N y N m W C r N O O � O m O O ry O G O O J O m N m N ro v o m m r N m m m m m N m m E m 0 Q v .00 pp 0 01C 0 °��[1000 O r N m d n n v .080 o_e mn m C N m m Y O 3 N m N N M M M N N 10 °o mr g S m n m y� C r N 0 tptpp 88 M 0 0 0 C 0 0 m C� Ec amoo..m 0 0 q N O O e m O °. d N 0 N EO r m 0 0 on�rvori � m a m m r e d 0 e� O 0 N m r m u_ v 69 6m_o mo o c' °-IT � m mmco ciom M < ° N � oMimn v O O O O 00 O O O O NO m^ O O 00 O 0 0 0 0 0 0 0 0 r M O O N 0 0 0 0 0 0 0 0 A 0 O c c C v 7 rn N U U a¢ Q O 0 O ° N ° N �- _d V1 nc E E E n« E m m m° y v rn y E d T > W �< W W a rnn Z, 25, n N N >> E C v 9 m G Q'o W- rnnW W. ¢ E E t orc o f �_ K E o E N m y U' Ew o= d W m e� c W m f ~ O m O m n a c E a c ac x c a eC v« j m m o m e to c a' A to (7 c W N m v d N a d m m '^ m % Z a m li W N 90 E m f 8 a '° m a a m w� o u c c Z= ° JIn> (Q1V qJN V V/l�J c i Q Q aO11OJfn CJ�35('naaao E �J V10 � M th M M vi Q <. 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N > O r p m N M W m {p p r m m r.. 0,0 U d M Y Q O < O L m r U w 0 0 0 0 0 0 0 ° a m c `m m c 0 0 m W O m r N m r °e m r r rn E a Q 0 0 0000. 0 rnr E N O r N d 8 N r i(1 M m m >p Ov)Ommm � ...... 3 'R m N r m a c m ocnnmr,n cO m 'na ri�°irrm � N m E m m a'N py V I'm a 0 N m m O O m O N 0 r m N m o r r m n m r o O m O m � N N< OI O 0 0 O Q m m r o °- m m o a��Nrn0 v� m LL r r o O a ae o p 0.0 O O O N O O v 0 O N m 0 0 0 0 0 0 0 0 0 0 O m a.0000000 0nmo om u� m m nm m. 0 cli co 10 10 r O Or r N v O 0 0 0 0"o m O 0 0 m 0 O O m O 0 0 0 0 0 0 0 0 0 O N O O O O O O O O 0 m m ° O C W T F 4 c N e c C C N m c�00, ° rn m rn m m a c 0 ° O V C O O p 0 0 d _n ,n n c o E v m m m � n N C C G m E ''E E LE J a a c a v «� v n N n m w c O w m X E m °' n E J E Q m m c 'v 'S ° an d v.g E c m wn «L 2° w c W �nw W 1 w rn E a E ; ° E 9W Q En m ii E w a m c 5 v E o a E- vc c a g m '9 a O° W , W a m ° c o W «O n A O U c u 2E _ U a c 2 e c o ° o o m c a a U c U E ° N a JnO UI SJnoi wz° Om FrD lJ U J>_ m o. a oEv rm m O 1 a g a r r r (n N N N N N N N N N N T m t7 l7 CI O O V V V< Q O v� IV m m m m Ml �fl m m N m m Fx d- m r °i view mi °i0 Oi mw a 00; '^ 0 oOrM — vie0 N vie ui �Gr m ac°n i°nn m0 r°�ngcpnM °ii M �MnOnE �n oim n mOMC'� — M mnoi �i��°n �olinn C > Q = m ° O 16 Al 16 Al �- „ >a n > 0 0 0 0 0 N m C 0 m N O m m O N N 0 S try N 1� N Gm0 N O (n > _8§080$ O n m m O O O N N_ I!l (O O O n 0 N N d a7 m W N d 0 E d u L 10 U LL h N O t0 N C r N � L O O O O m m m N O m 0 J O N m T OI O S my or ac �c�im oo ° Em a 0 0 0 0 0 0 E F- m o ° ro N m W m�N d N(o N N N 3s� N W K O O O O m m an Otp NOd N O? 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Q Q 0 o m rn mec mm oo N N N N N N O °1 O N N 6 p C a A C y .._ J c !2 c V m ccw "mg w °u'v n ° a a a w n v m c and w �c y E E c m o c w a t >o - w w z° c w a c° o = o W E m" n n E o LL a ° 5 - t m 5 m Q v'S m Za y y�'c$nr �c of n:EWUO�ENa m c� E n E ¢Emvcp IL O aE c v VJ ` o a m m `° m °- a to U�' �° c m W p c m ~ O E mt rn no EE - m 2 mmnzo E -y uui voy ay 03 0 z o v mo LLa J aa 0o �o �2w �A ay vE o aooi o � M 3 o,ou� mono m m Q c deco �2 M � o n m n0 o. 0 �$a°oogno v m d" M N N Q � > O _ rmmU l ��0 p O jjjj 00 N 010 0 N o r OV ff M O co m N N m 0 0 m m N d m m N W N W ° 0 0 v E := m u L @ Uw 0 000000 ° a ° c L° c @ @ C ED 000 O .N- O m 0 p ai} 9 O l r' N 0 m 0 ° E m n O a Q 0 o 000000 m l E F- m w p 0 O N O O N 0 p O 0 O oMrQ�i,00 3 cuinrd @m.-N NN N W � � K 8�i( °pg�na N 3QQr in� m M O C O m N N Q �, 'a�n�dn E @ Q m (L m �m a 0 0 0 @ O o 0 0 0 0 is rn m N m m @ o O° O m�° �� °r mnrNrn o dd� e e 000 0 o 0 0 0 0 0 o o m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $�nmoo� m m o r d d pogo Rio v d m cm'i cmi o °o OT O N N N r_ �- N ri O c U U a Q¢ O o d d d N d N N N N N N O V✓ � r N N D- ✓� C c C W C w d E' c y aci c v °c c vc y.' Z ro w C Ornn d W N C y V OrnQW Ua �dZ a C ° E m v-'� 6w W Ga a h m E¢ E E c d o Ea v ro o v a m@ `@ i a a d c E m v d° W �_ o n o. w yL°A�yy o >>@ CO J @ C E@ O Zn p U m C O> @ H@ a v m> C 10 @ w m W a y @ a y o v, m �^ j li a W� j W@ N c@ ~ a 5'N d c o a E_ J F E m c m -" Tci d d -' = a °o E w v 2 m t m 2 m °. m£« c 2 E: L° ° o m o o £ ZQO @OLLO aU�� Dina aa0 E�in30 pJfn Oi-- ini =mO �J(nOrtn�JaUiO Q J m 2 a @ � > a.: `, ai orio ui mo�oiF rioom `"moo �duim of A000eaoQV VOev 4 ww .0- @°00A00o �M oo Nn Eoo c�MC'�mn° w N .� M � � ` m a m r� rn in .h �n `m c� m c'� 0 cn M c� m n a� - � c cn in �n �n ri r m m o n m c a to - U) 16 Al AVE MARIA UTILITY COMPANY, LLLP WATER PLANT COSTS Plant Capacity (mgd) Intangible Plant 301.1 Organization 302.1 Franchise 339.1 Other Plant / Misc. Equipment Source of Supply and Pumping Plant 303.2 Land and Land Rights 304.2 Structures and Improvements 305.2 Collecting and Impound Reservoirs 306.2 Lake, River & Other Intakes 307.2 Wells and Springs 308.2 Infiltration Galleries and Tunnels 309.2 Supply Mains 310.2 Power Generation Equipment 311.2 Pumping Equipment 339.2 Other Plant / Misc. Equipment Water Treatment Plant 303.3 Land and Land Rights 304.3 Structures and Improvements 320.3 Water Treatment Equipment 339.3 Other Plant / Misc. Equipment Transmission and Distribution Plant 303.4 Land and Land Rights 304.4 Structures and Improvements 330.4 Distribution Reservoirs and Standpipes 331.4 Transmission and Distribution Mains 333.4 Services 334.4 Meters and Meter Installations 335.4 Hydrants 336.4 Backflow Prevention Devices 339.4 Other Plant / Misc. Equipment General Plant 303.5 Land and Land Rights 304.5 Structures and Improvements 340.5 Office Furniture and Fixtures 341.5 Transportation Equipment 342.5 Stores Equipment 343.5 Tools, Shop and Garage Equipment 344.5 Laboratory Equipment 345.5 Power Operated Equipment 346.5 Communication Equipment 347.5 Miscellaneous Equipment 348.5 Other Tangible Plant 16 Al Workpaper W -6 Phase I Phase II Phase III Phase IV Phase V 1.0 1.0 2.0 3.0 4.0 5.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 601,042 400,694 123,900 118,943 105,0570 105,9270 0 0 0 0 0 0 0 0 1,131,803 810,703 839,831 918,700 952,876 0 0 0 0 0 232,389 252,389 265,210 290,116 305,291 182,209 197,880 0 227,450 0 437,102 291,401 148,374 222,616 235,170 190,1130 0 0 0 0 0 0 0 0 0 703,222 703,222 877,700 1,536,610 1,069,033 1,097,196 579,704 579,704 989,364 1,581,616 812,324 854,8130 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,161,115 0 1,181,036 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 903,076 0 179,957 225,027 246,159 212,770 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $5,931,661 $1,975,022 $4,761,302 $4,789,852 $3,904,008 $3,718,994 ..,..., 8 O N W W S O P O O O V O O 8 O O 0 0 0 0 0 r Q mN N N m 0 Q Cj o 0 M -N W W & HOMO NN N�()n NO r? 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M O N m p m O ( Qp M m N alp r N M p p N Ny 1N11 0, V N Q N {rp m r� N fD N N M m r N N N N N ONl N m t[) N` OD O O N N N N N N M O r O (CC(pppp (pp O 5888 88 m 8 888881(1 o.p N§ O� O O O Yl O M M pM '-Q M R 01 ;5r O Q mO M Illm mpmOplOMO Q ym In Omr NAO (<pm m NaQ tq N N llMWlppp aOa 19 Q m Q N O 2 111(((!!1 N O Ol O O M N Q Q N S (O(ppl O CCII m 1Mt) N M 1(l r N N :,5 m ID Y] m Q M N N N O O 8� pp (GNpp fD m O 01 888 8 M m O W O O O Smm pp 8 p88888 tll 1'l tD O O O m O T{pp yp Q� S Nmm Ol lnry �[ p p O V O O N p p N Q1 O N •- n0 p p p O m CD A Q1 S th N'-� N _ O M mm m 'O N 1617N O N V W MN�QN SN pS { NNVlry QrmNN M ONN N"' N N N W W Q -� m Nms�Qm p W 8 8 8 S 8 O 8 8 O O S m m O 8 ayNyD. t'l mN000 O(Ol0 m N W W N m OM Q M O m ?� pQ pp m to N r m 0 n M0 N m Ol r N N 0 M m m N MNN Q 6 O N 00001 O 0001 ry m Q N N N fNO�, 10 Q V1 N Q !� N N Or N {mpp, ��pp N W O (n V "N tN V nW ry 888 N I r 8 8 8 m N N O m N1W p Wt'�i ffn0 ll m N ilN O O � m V^ m� OOm11 N W W 1p(l �p tm+l (pp 888 88 fpp8�lp�Q88S Nf�C1 NC100000nm m 10 O �m Om Qtyy7Op� S fWp Npp 0o1n p�p01� W !O V N �- m r f2O Wmm m W pmp °o (Q(pp mm 00 S 01 C7 n (mp (C(pl 1A N 1i(lO m 01np Q C'lNOm0001A m Q m Q N M N M N m O g l'�1 M MO M N m 0 r M Omj N p N lh r m Oi n W N m r Npp O 'N, g O N N N V M m �p M� N �- o O tr0 (� p N tmD W QV��ppp ppp m N N S p 0 t� Q �p 888 BNp t0 ONl r O M O O O O O N m t") 00 O O W mpp Q p p �p N MI Q Q p W O O N 8 pp 8 O N Oml 1'1 m INII O O O O N r r �, m m m VI O O (� O CM"1 ill O O N N Ol N m m O OI O f7 N Q1 m pN N OD Cl! O !rl �j Q f0 O to O p M r Q MMNOO N O O N10(1 O p Q N o fOCi O O O p Q O e'l pN tD Mpp M 8 r !O m o r .Q- M r 8 N M N O' N S cf r 10 r� N N m00 NW Olpp��0$000� �Mmcr'lOM yQO c'11I10m m N�'0p]ruloroi M N N Q r GWO OMM V1m OOl000tO1'l M MW O 010N80SQ NN Q N QM M m` O N f V -m N N N( ryp m p M NONOOO CO S S M M OOO OOO n Q mNM N m N Q W Q m N1n O N p N Ill `CIO M O S M Q �(>O O O O O m N W N M m n Q N W Q M S M Q r W lV Ql N Q n {Np � Y') O a r M N t7 � N l�l Ill � N N m O 8 p1'TIl i O m 0 O O � U� M O O O O O O N N m 0 O 10 Q n Cry'l N M M f M ! r m t0 O N N M m W 1A W W Q O N W O O O 1n 0 0 �Il nl M N W w 0 0 S V~ u) a g 0 ° = E= < Lu o LL c o N rppQ5� 0 W $ mEE E= LL lL �� °L°�_gN5E d e U V2) E C a Hm'mU a_ j U j a EiLLE LL€ «�0 pp11L 8U° U W U w old €„ a v °m 3 S E 'C C C~ W a C Q 2_ J — a O U :v, o a ._ U? V O p o m N E m d o CU c 0 O1 c c 01 5 5 ACC L a Lo o u? o S (IIU C� c m o �CJLL VI UfNLL i�QU 1--Q 3 B i V �� a L O Y US nUC7 �UJLLU nLLUQU Q QQ 4 Q W Nh O � t0 3 E N v p T N O N 3 0 N O N m N O m O N N O N Q O N � N m ^ � O M O n � o COJ tOJ N N � m O n {gyp m N O N vI N N hci m M N Q w N m N- Or o A Q fV O N r � � m Qd V �IQI n O M r N m N r �2 N Q N 0 «.T N O N 8 N 8 N S N N a J Z Q a 0 O Jcr uj Q Q a N O M cli Q§ N -------- O N m— N— O— m N OO N m �N�O Q Nr' O � O •-Nm Nn0� -000 Q Q N 4m N 0 0 0 O O 0 O O'O i0<�"� Y1 NiN iOO O � NCO itl i(1 N x x m m m m m 00 �O m NN. -OON�� uNl CN'i NN NN�� N N O8 O8 O O O N N A O O O O O Op O O O O O A A 00 � O NNN. -OON a O N CN'1 NNU]N ONir N t�] r of 08808800�noNr0000o000000rQ N m r O r ri O O O O N O N r O 0 0 0 0 N O 0 0 0 0 N Q OQ1 NppQ NfV �00N OQ 1m0 �' ONNN NIA N m �2 N N N .0 O O O O N N N n O 0 0 0 0 N O 0 0 0 0 r N p �p N O �- N 0p 0�pp 0 o N o N A o 0 0 0 0 0 0 0 0 0 o n p m M N r m N N m m O O O O O N N A O O O O O N O O O O O N n O m O O N N 0 0 N OQ O N O N l I N r r O N o {OpOON .. n O0 000000000NQ r Q NO N � N' -OOIh �NO CO,� �ONOtoO M O Vr N m M mm Q r 0 0 0 0 0 o N r o 0 0 0 o N o 0 0 0 o r n Q (p 0 0 0 0[ V O O N N N O N O N O> f0 Q O vl Y'N CJ " m N O � Q N Q Q aDMNO.N -AN �N ON [' umt N � O NOS QOO v ci N O OOONON �-OOO m00000000� Q i!l (f00 ON � O O f� O O O O O N N, •- O O O Q O N O 0 0 0 0 0 0 O O O O O N N O O O O O O O O O O O O O N Q tp � O N N N O th O O N Om 0 0 0 0 0 0 0 �0 f0 a n N U O X 0 o m C C C E a ao o U w 1c.2 Em E 'EE n U N E = c 0 P 75 0 5 75 O L> iUd U CFS7 .am � UU -5, iw, Mg W o o u �OUxn UC� vi mn a ^O 2 w Rw >� W 16 A� 16 Al Appendix "B" Wastewater s. 16 Al Schedule 8 Ave Maria Utility Company, LLLP WASTEWATER Income Statement - Complete System Reference Wastewater Effluent Reuse Total System Sch 9.1, 9.2, $7,190,799 $549,159 $7,739,958 Operating Revenues 9A.1,9A.2, 13.1, 13.2 Sch 10.1, 10.2 2,904,341 193,528 3,097,869 O &M Expenses Sch 10.1, 10.2, 1,412,925 95,747 1,508,672 Depreciation 11B.1, 11B.2 & 11D 24,348 Payroll Taxes Sch 10.1, 10.2 22,135 436,775 2,213 20,529 457,304 Property Taxes Sch 10.1, 10.2 Sch 10.1, 10.2 179,770 13,729 193,499 Regulatory Assessment Tax 0 0 0 Federal and State Income Tax Sch 12 $2,234,854 $223,413 $2,458,267 Net Operating Income Sch 12 1,068,843 106,850 1,175,693 Interest Expense Sch 12 $1,166,011 $116,563 $1,282,574 Net Income Sch 11 $25,911,345 $2,590,296 $28,501,641 Rate Base Sch 12 8.625% 8.625% 8.625% Rate of Return Ave Maria Utility Company, LLLP WASTEWATER Rate Design Base Test Facility Gallonage Year Charge Charge 778 50% 50 % 701 Salaries and Wages 283, 60,000 50 %, 50% 703 Officers Salaries 90,809 50% 50% - 704 Pension & Benefits 30,000 45,404 100% 710 Purchased Sewage Treatment 0 0 912,274 711 Sludge Removal 912,274 0 100% 715 Purchased Power 563,836 41,363 100% 716 Fuel for Power 0 2,500 100% 100% 718 Chemicals 113,429 82,726 50% 50% 720 Materials and Supplies 5,000 50% 50% 731 Contract Service -Engr 5,000 50% 50% 732 Contract Service -Acctg 10,000 50% 50% 733 Contract Service -Legal 0 50% 50% 734 Contract Service -Mgmt 406,247 0 0 735 Contract Service - Testing 7,415 50% 50% 736 Contract Service- Others 122,451 50% 50% Contract Service -Bkkg. Etc 105,231 50% 50% 741 Rental of Bldgs /Property 0 100% 0 _ 742 Rental of Equipment 55 100% 0 750 Transportation Expense 12,883 50% 50% 756 Insurance- Vehicles 3,500 100% 0 757 Insurance - Liability 14,686 100% 1,050,381 -° 758 Insurance - Workers Comp. 15,017 100% 47.00% 759 Insurance- Others 0 100% 50% 50% 760 Advertising 80 15,000 50% 50% 766 Rate Case Expense 2,500 50% 50% 767 Reg. Commission Exp 59,950 50% 50% 770 Bad Debt Expense 12,473 50% 50% 775 Miscellaneous Expense TOTAL O &M EXPENSE 2,904,341 403 Depreciation 1,412,925 100% 407 Amortization 0 100% TOTAL DEPREC. & AMORT. 1,412,925 408 Payroll Taxes 22,135 100% 408 Property Taxes 436,775 100% _ 408 Regulatory Assessment Tax 179,770 53% 47% TOTAL TAXES, OTHER 638,680 409 Federal and State Income Tax 0 0% 100% - TOTAL INCOME TAXES 0 RETURN ON INVESTMENT 2,234,854 53% 47% TOTAL REVENUE REQUIREMENT $7,190,799 -' Annual Base Charge Per ERC 11,230.7 Meter Equivalent (ERCs Gallonage Charge Per 1,000 Gals. 1,285,693.9 tg 16 Al Schedule 9.1 Base Facility Gallonage Cost Cost 141,889 141,889 30,000 30,000 45,404 45,404 0 0 0 912,274 0 563,836 0 0 0 113,429 41,363 41,363 2,500 2,500 2,500 2,500 5,000 5,000 203,124 203,124 3,708 3,708 61,226 61,226 52,616 52,616 0 0 55 0 6,442 6,442 3,500 0 14,686 0 15,017 0 0 0 40 40 7,500 7,500 1,250 1,250 29,975 29,975 6,237 6,237 674,030 2,230,311 1,412,925 0 0 0 1,412,925 0 22,135 0 436,775 0 95,278 84,492 554,188 84,492 0 0 0 0 1,184,472 1,050,381 $3,825,615 $3,365,184 53.00% 47.00% $340.32 $2.62 Ave Maria Utility Company, LLLP 601 Salaries and Wages 603 Officers Salaries 604 Pension & Benefits 610 Purchased Water 615 Purchased Power 616 Fuel for Power 618 Chemicals 620 Materials and Supplies 631 Contract Service -Engr 632 Contract Service -Acctg 633 Contract Service -Legal 634 Contract Service -Mgmt 635 Contract Service- Testing 636 Contract Service- Others Contract Service -Bkkg. Etc 641 Rental of Bldgs /Property 642 Rental of Equipment 650 Transportation Expense 656 Insurance - Vehicles 657 Insurance - Liability 658 Insurance- Workers Comp. 659 Insurance-Others 660 Advertising 666 Rate Case Expense 667 Reg. Commission Exp 670 Bad Debt Expense 675 Miscellaneous Expense TOTAL O &M EXPENSE 403 Depreciation 407 Amortization TOTAL DEPREC. & AMORT. 408 Payroll Taxes 408 Property Taxes 408 Regulatory Assessment Tax TOTAL TAXES, OTHER 409 Federal and State Income Tax TOTAL INCOME TAXES RETURN ON INVESTMENT TOTAL REVENUE REQUIREMENT EFFLUENT REUSE Rate Design 16 Al Schedule 9.2 Base Base Facility Test Facility Gallonage Year Charge Charge 28,378 259% 75% 30,000 25% 75% 9,081 25% 75% 0 0 100% 76,890 625 100% 0 0 100% 0 0 100% 4,971 25% 75% 2,500 25% 75% 0 50% 50% 0 50% 50% 0 50% 50% 3,716 25% 75% 2,079 25% 75% 22,274 25% 75% 0 100% 677 0 100% 4,190 1,245 25% 75% 350 100% 0 3,672 100% 553 0 100% 0 0 100% 26,299 80 50% 50% 0 50% 50% 0 50% 50% 2,707 25% 75% 5,586 25% 75% 193,528 95,747 100% 0 100% 95 747 2,213 25% 75% 20,529 100% 13,729 38% 62% 36,471 0 0% 100% 223,413 25% 75% $549,159 16 Al Schedule 9.2 Base Facility Gallonage Cost Cost 7,094 21,283 7,500 22,500 2,270 6,811 0 0 0 76,890 0 0 0 0 1,243 3,728 625 1,875 0 0 0 0 0 0 929 2,787 520 1,559 5,568 16,705 0 0 0 0 311 934 350 0 3,672 0 0 0 0 0 40 40 0 0 0 0 677 2,030 1,397 4,190 32,196 161,332 95,747 0 0 0 95,747 0 553 1,660 20,529 0 5,217 8,512 26,299 10,172 0 0 0 0 55,853 167,560 $210,095 $339,064 38.00% 62.00% Annual Base Charge Per ERC 320.0 Meter Equivalent (ERCs) $642.48 Gallonage Charge Per 1,000 Gals. 1,145, 327.8 tg $0.30 (Based on 90% of total WWTP flow) R N ci f ci vi � No cq N G1 foNmN ci ci .6 11 c,� on lo. E R .m E E E 2 'w m -3 - ns -W L) Mg cq O O O O m rl� N m m Nlm w E E > E 2 L) 1E. p. vi ai of r4 cli 12, �pp cli I.- Tv 16 co cli 16 12. q, 14 w. in T m 2 t > K L) 16 Al 16'Al 0 0 0 o M m .9 m "- ••-+. °w o0occdoo �n L N N o 0 00 0000 �m "oN '8,! a riN 0000�coN N - 1D-Eb w � � 000 oa000 21v M m m w c O °N c von a o c c oo op00000 oo c O coo M 0 0 0 0 0 0 0 0 c c 0 f ° N o m w n,�a, nin n lo - cNi_ o y m n N 7 In rw cli o <vm o 000 0 0010 wa ow cv w v ww ww 1O � w N w w W � N b f I 0 0 0 0 O O O G O G O 0 0 0 0 0 0 w 21� w w tmp h w w w w w w rr O N m0 O M IN O gyp° O� M O O G O 0 0 00 O 00 0 0 0 OI,O N 0.0..00, O O O O O n 0 O N w w N w K M O w O N w C w N m N m m O 00 0 0 0 0 0 w w `83 o d N u IM.m O ww w w 5 ° d C � a w U m � 76- N = of °p' t5 E o O 88 8pp ��Sm^ °66 p n,O 0p0, Na0" d.N O.OS ��NNO O-M <O Y1N �.N-O � �9 as � N V 16 Al 9 L Y O m 8 O pp N O N }Qpp{ SS 1p O mN N8OST d tOn m� N �" OOYYTd01 O 00 rr,N NOO 11Of p u«] N O O T N « Y f N O n 10 0 O OM °� O pSS MY N � °fN pC N1p °� i°� �CNYO OOUfNdr n N N M On OOS a a O N ei` yjN N cli O uY O O N <Id0 "p °+ Cvor « d d G O N O t O, n011 O O S OMi V A D O m . gS °v v°iio 1O V'OO °o� "'ae � Idom oo"i a°S1°n �nam N ap � vM o 0 om, dm ni c; i S r Yf O� n O ONi N N« Iv NON Ot^1 OOi ISO SS OM Y N� O m NN 'n ci M " O O r Y NO«N�i0 �� °i •- •- 0�01O'1 COYI dMS,S ONY V M O Mo0 .O r ap c4 14 d lMd d n � � NNM � O�N1°IC �� 10100 �p O O 8O n 0'- a0 O (OBI 01 M w ck oom rN-e °mm °o MBn a M me NmNYIO Y1d � o N Y 00 ° @89, N Won Hro�i m o 000 r In M Noo d°oo dm N O - 00 W G �1 pp N O N F 3 V a 3 a ^ 0 0 S� w N�� «M _ �� od �1° m�nSSoormo c°�m °o na �°nSgm"'iv ON Nr1O 1O0Om 0100000 -<M r w �� 0O N. " OirN � NO I N (O O O O O I O N 00 O n S t p N S N N S 01 N O t 0 O O O S S Yi < 10 O N o In of moo" N rod O m M 0 0 d I D m v>cr Nlvm d� as NN rl�v' M a _ don v°iiSMi �'m Mo °o� Sev N "N_ N° 10 " a0 � N M O O r S M T Ip� 1 M S I p � m �°opS °oo e « MopM 1° M N m'c o� ao 10 •- m v1°nm oO 1°n Sd o � Io,om o n to M o d e - d� C's do S N YI°000 -� mo dl° M SNaN m aSM AW, °o o °o v v m o r °v nuMOi NrN oO r m ma Nv�om - rnoi «rn °M O°Y INn co N M o�rlo � N O m J d O ° n W o odY m r m wu o,q w X � rn u K o, a r (°j miA °a u Na ANtn N Ntn U)fn m W C u u u u a � v N O Z A �$� 1� _ F �•m x �s aa� vl�aaaWaLLUgU U °UUUUUa�� - -`= - ` <��m� n M O oE Q r nr r rnl� p m o N O O O O O O W m O N 0 0 0 tD N m 0 a�D V M N N O O N m 0 ,Q N n N N M W O M O O Oni n O N •- N W � � 01 (0 O (V Ci fV N � � N a m z v7 W 0m 00,n 0 0 0 O W O N - 0 1 W ° °0D C OM N 0 N O O 0 4m'1 1 N M R m m fNO. 1 O m 0 m N O N r (V m `_ m N N r O L n O m W Q N M` N W 0 W W m 0 o O m W m o m m `O n 'N n O N nO0 (O N N t9 N N 0 0 0 r W O O OOOOCo c�� m O W M amm '002 NNCO M m m MS •- O N N m imp P N M f N N � O O P m fM- O 0 0 0 0 W O V W N m O O m m O m V O O Wm N m n n 0 N N O M u1 �- N tO P m M O r M N C,4 f N .- N N N m W P N m m O O n N OW r W N N m N �n �QO' m O Co W •••••_ r n W �1 On] Q N M Oi — N N N (m(pp W Q N o n W o n o 0 0 o W o Q m 0, O W_ r N N W 0 O O Q�pp O N O 00 O O O m a0 tP') (m0 lmD °° W N O n pp m O V m m cn, m W O N N V m O n P O r 0 0 0 O O n m P O N m O 0 0 Q 0 W Mm (n0 WO cow n MO N O n N m Q 0 r Vl n Q_ O N N Q m Y1 N N M Cl O Q W p m O N W V P N M W r N ` N ry m O N Q O r 0 0 0 O N O � M O B m O O W O m O O Qm •- pN 0 0 N O r N N W Q P N M N W O 0 OM N m W C O W 11 Q O O N O W 0 0 0 O O W O O N O O O M Z N In nN W y OO O m m �Nm Q-MO m W W J N N N by LL O. -- W X W m O m Wp O W 0 0 0 O N W n to O M O O O n tp O n W ^ O m M m O r m N �°n r N C,4 N W N f0 V •- �- m 0 O m w P M N M � •- •- P O O N N N � it 0 0 0 N Mm O W ON m 0 m W m p N 0 M O W M M O m Q r W N N � m O M r O O O O O M M m N O •- O O n W 0 M M M n M r ....,.. W O N �O m 0 P O N Q P r ^ m O (n0 n 0 M SM Oi Y5 'i O O N ^^• MC, m ° owmw 0 0000cm, oMm c� °vo o c�m NO O oO ror � 1 n tP•J O N m M m ri M V c!i M N � Q O O i0 O 0 0 0 0 ON O O M ° O W m N r Q O a M P O O O O n O O �p 00 .- m N N m M .- M O M W N N N OT y a a m` w T E J w m o�� a,dLY n� d y m c w m �w n W Q J� !- O m 2 N a N �n c c w a ma «� u u u y v m n n w w N 3v °3 u t o m ii $ �m3a cmaZ a `mm�m�»30o''EwD u ° �Q mm E w 0 c (n W W(n m w m m m a� m c v E r 'm 19 ~ o �- F- U m '-° m m m m m` m N- m m m m. U U p m w E E Ic U o`-' > >a m N > a a T V m m 0 0 0 0 0 0 m d O m O N C C 7 O a aU O U U U U w m a ap a cm n O� W m 0 o 0 o m M lQW '1 NlW 'l m Q V °if1 N N um'1 °Wn0 w n O S 0 0 r ++ N W W W W W W W W W W W W W W O O m n O O d m O O Q 16 Al M Ave Maria Utility Company, LLLP Plant in Service Accumulated Depreciation Contributions in Aid of Constr Amortization of CIAC Net Plant Working Capital (1 /8th O &M) Unamort. Bal. -Rate Case Exp Rate Base Net Operating Income Rate of Return 16 Alt Schedule 11 WASTEWATER Rate Base Reference Wastewater Effluent Reuse Total System Sch 11A, WP S1 to S6 $71,936,032 $3,313,931 $75,249,963 Sch 11B (17,339,168) (747,826) (18,086,994) Sch 11C, 14 (35,586,090) 0 (35,586,090) Sch 11D 6,507,529 0 6,507,529 25,518,303 2,566,105 28,084,408 363,043 24,191 387,234 30,000 0 30,000 $25,911,345 $2,590,296 $28,501,641 Sch 8, 12 $2,234,854 $223,413 $2,458,267 Sch 12 8.625% 8.625% 8.625% 16 q1 ^ :U W p 0 0 0 .. ........... g m 000 Doge 000 0 m ogo 000000 000o00o000 000 0 ° °o 000 00 000000 00000000000�� 0 og0 � &N0 e 000 0 0000000000 e� ° °o a ° ° ° ° ° ° ° z � ^ c5 N 16 6N 6 INS lo 81.1 a • 3 N c a '� 000 0 o0$0500$� 3 ' m 000 0 0�0 °000°° oo°000°000 Msso�o °s.m- w U 6 n' a w° `Oii�v2i #cw Q�s <w u yta_a�`sggNmaa m €.�ao E�wd q ^u g�m� ?w �O`LL�a�in ivv yinuu�a� ¢a5 -ern aa�ba�y0��,��a°us�a3 • N O m N fD CO'M 0 0 0 a Oc 0 0 0 0 0 0 0 0 0 V W m N 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 O "°' O 000 O 000 O O O O O O O p .� O O top S 01 N W M 0 0 0 0 0 0 0 0 0 oa 0 0 0 0 0 0 0 0 o m m c 0 0 0 0 0 0 0 o O rn W 0 N O d N w c LL 0 om o 0 0 o m W d N Qco orn cli N 0 0 0 0 0 0 0 0 0 m O 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 Q Q 000000 0 0 O��pp M O O O N O amD � O n O �a000� O O J W O Eg.2 a c Sz v N3inw�� caa c '6.2 c jw rnEturn2 °—' °i za a 3 «co mom o m nom GW M M M M M 16 Al 16 Al a= 0 6 IP ° °° ° °e mgrm «rm��m�m PR _ » _ �r ry - mom eQ _m ° °° ° a "n r�os 0.0 ° °m °° e�� °� °mN Qm��Q� gi �_m_m�nmm�m llol.- 000 o o o .oQ 000 o rvN m 0 „rvrry ry _ ry ^' rrvlap� _�, 'N E 3; x 3 e-' C�o MR gym �gmmmmmm 16 Al k E \ § �}( \( : ( E / \}f \(` ; ^ � .�\(\ �!}! !-e E� i g! ! � , | } /�`!! ; %!!f IHME3iH 16 Al 16 Al r mN o m �ii-m �i 7 O mONMmN aND� Onm m u+ N N ° ' a oo n� fn m $_ mrmn N- H'c- c 1 qv M-n {pp O O p m M O n N O O O m r M m op O r. { N h N T g M M Q p R N 0 m. N ^ N NN in rn c v �o ao n"'u`�i vmi a n r q CL a Nrmm °oN_�m�aN C PI� N< Q 3 m N ' ' 0 U No��omoo �NVgm U N c�ivcn mgeoi��o cm� �p mOOtte�U N q Om�(°1A NO °nr V. ON+O� �omq Nq'o mac aci� M � N � nom rn o o� e _ c oc� vgomo °1O rnc� � NioNmq �q� ry aN�� x N Q c U J N o m�`n� _:33`mc�awUQ 2' aa inw cjW 2 Ea E Z �' Q N v M n M n Mrmin rmi n � m nM mc�.h 16 Al d N J iT u E a Q a00 m N N r r O N (J Q O (p M O N Y M mi ,N N A O , N O cN 16 A U N N W Z 1V , Z Y W Y Y r O 1. S 2 N W m E co u`"i ornorarnv� mlmorimn QGYgo4a °q "e'"q nN°v °iY avNi� rn�u- oN -vi oirn. -rg v>rn ao mpN m NN o m 6-r m uj �n oa vY w w e W N O O W �W�pp Y N N t7 r� O W W- O In N< aWp •`- `O�QN m a m ^ n N ar' me N Nn o nri a6� eW n ?MVn W �N 0 N w� O1 w G CL N-m 7 Nvv'i�nmv NCO �r,Y V °�'?M m ,a G w O W � Nma�v°im °mom m�vYiec� Q O u-. vin vi v c�i vi mvi ry a a Q r Y m 3 N�N�ooOe��mN�c! ^m Nm � �- c:t ID N v< - Rpg N c v-�,n h NcV , n�o omY oo�n � °i�o Y N mc�i o°.-° �e`+ ?vO1iomvmi.rn v`�io o�mmmma� cos nvmi_ Z9 `� vir ww N O O r m m O Y `�' �p <o co mm r o0 w w J M N _ Z U Q < U Q w O U O O0' N Za vxi a ci N E= v E P o E Z v< E a U w E E Z v w v o NNN w�°o `°n°tph°nnnnc� nnnnn Ave Maria utility Company, LLLP Amount Long -Term Debt $15,675,903 Common Equity $12,825,738 Total $28,501,641 WASTEWATER Capital Structure Ratio Cost Rate 7.5% 10.0% 55.0% 45.0% 100.0% 16 Al Schedule 12 Weighted Return Cost Requirement 4.125% $1,175,693 4.500% $1,282,574 8.625% $2,458,267 Ave Maria Utility Company, LLLP Residential: 5/8" x 3/4" 1" 1 1/2" 2" 3" 4" 6" 8" General Service: lb Al Schedule 13.1 5/8" x 3/4" 870 ill 60 1 1/2" 18 2" 0 3" 0 4" 0 6" 0 8" 0 948 Annual Consumption (1,000 g.) 1,285,693.9 Total Annual Water Utility Operating Revenue Revenue Requirement 870.0 150.0 90.7 0.0 0.0 0.0 0.0 1,110.7 $28.36 WASTEWATER $70.90 51,048 $141.80 Billing Analysis $226.88 0 $425.40 0 Monthly Usage 0 $1,418.00 Meter Service Charge Annual Customers Equivalents Charge per 1,000 g. Revenues 10,000 10,000.0 $28.36 $3,403,200 0 0.0 $70.90 0 24 120.0 $141.80 40,838 0 0.0 $226.88 0 0 0.0 $425.40 0 0 0.0 $709.00 0 0 0.0 $1,418.00 0 0 0.0 $2,268.80 0 10,024 10,120.0 $3,444,038 5/8" x 3/4" 870 ill 60 1 1/2" 18 2" 0 3" 0 4" 0 6" 0 8" 0 948 Annual Consumption (1,000 g.) 1,285,693.9 Total Annual Water Utility Operating Revenue Revenue Requirement 870.0 150.0 90.7 0.0 0.0 0.0 0.0 1,110.7 $28.36 $296,078 $70.90 51,048 $141.80 30,858 $226.88 0 $425.40 0 $709.00 0 $1,418.00 0 $2,268.80 0 $2.62 $3,368,518 $7,190,541 $7,190,799 Ave Maria Utility Company, LLLP 16 Al Schedule 13.2 EFFLUENT REUSE Billing Analysis Monthly Usage Meter Service Charge Annual Residential: Customers Equivalents Charge per 1,000 g. Revenues 6" 0 0.0 $2,677.00 0 R" 0 0.0 $4,283.20 0 0 General Service: 6" 0 8" 4 4 Annual Consumption (1,000 g.) 1,145,327.8 Total Annual Water Utility Operating Revenue ® Revenue Requirement 0.0 $0 0.0 $2,677.00 0 320.0 $4,283.20 205,594 320.0 $205,594 $0.30 $343,598 $549,192 $549,159 16 Al Ave Maria Utility Company, LLLP Schedule 14 - WASTEWATER System Capacity Charge Analysis A Gross Plant $71,936,032 B Land 204,600 C Depreciable Assets (A -B) 71,731,432 D Accumulated Depreciation to Date 0 E Accumulated Depreciation at Design Capacity 17,339,168 F Net Plant at Design Capacity, includes Land (A -E) 54,596,864 G Collection Mains 20,544,454 H Minimum Level of CIAC (G /A) 28.56% I CIAC to Date 0 J Accumulated Amortization of CIAC to Date 0 -- K Future Customers (ERCs) to be Connected 12,806.4 L Number of Years to Design Capacity 16 M Existing System Capacity Charges per ERC $0.00 N Level of CIAC at Design Capacity (M /F) 0% O Requested CIAC at Design Capacity $35,586,090 P Accumulated Amortization of CIAC at Design Capacity $6,507,529 Q Net CIAC (O -P) $29,078,561 R Net Plant at Design Capacity, includes Land (A -E) $54,596,864 S Level of CIAC at Design Capacity (Q /R) 53.26% —. T Total System Capacity Cost per ERC (O /K) $2,778.78 U Maximum Level of CIAC (Rule 25- 30.580, Fla Adm Code) 75.00% CIAC Summary: Cash CIAC per ERC $470.61 - ERCs at Completion 12,806.4 Total Cash CIAC $6,026,812 Total CIAC Property 29,559,278 Total CIAC at Completion (Design Capacity) $35,586,090 030000010 ° 3 m 1 �� m�mim ry N _ dgm �LL ry �1 Ai°a a � m a E � rc a' E� s8 F.mv° Eatl� oy a' �a tt ° ° ° ° °o° Vl °° ° ° ° ° ° ° ° °° �i U m rvn U V a Q¢ O E E E E c c V E_ _ E " F E E n E G y m "'. mELLC7 u ° `cw E E�O E - E(7 y � z E�° � �� ¢ENE m tt �- c� a '° � 3 a a� do`LLsa v�c�um° LLb E� a °5q raoSq wo�m�� °u�8 f- ="'Sn' �m �nmmn E 16 Al 16' Al 3 ia�m��o ry m f o 1 Iry N3 ery mg 1 wg t2 ° 1 I ry 5� E m 'a in add.= ¢ E ¢ a' o w ow�� aLL o E$ x m� rlm ry m a' ro E �om000 ° I° Qa q,.$Nno°or boo °mrmm �° o ° °m °mmmom � c � n LLJLL m U U 1 0 0 0 E E 5 a a s a o. :° w° L E w° E�i c� c 5 5 N ¢ E p E „q¢ Ep ac_ N tt E�w �c� Eww °wn n E L i e w a c 9 L -E �' a ca 9 o m c 9 W = 4 _� w o q N pOu` Sa yUUy uS E��ntt a S w aOS ' A�inOtiin AUTO 3 .am _ °mo 03 i a Im 1 1 o:c LL Wj� E m a m2S� NN 6 6 1� Q E rc a' am'm n,n a O m f7 `a goP�c,5 1 oa� m E ° ° °mm ° ° ° °° U V`a W E u E u o U U a Q 4 0 16 Al E E E_ n E E p d E a n $ o w b E a r m LL S ui v u a � a W a o` - � mum u° a mmSSSSSmd�mmmSE�mmmm mmmmmmm�mm ^•-^ a 3 a _ w r 16 Al 16 Al \I§(!9§% k# \ © URS/ f ( ®k�e - :, ■ —tn cl - ° k \ƒ!2■�k# �, - s!a!!, / lk 14 ) \} / \\ _ ®{ \ / . \ ƒ { ƒ{ \� //\ /j /! \ / /� /ƒ k !\ fl� | | |$ ;i` /;kltj|!� ■!) f /k!! ) &0 / ( /k)kk }\ /§ §\{ § §k\kk \§ §\kkk /kkk§ AVE MARIA UTILITY COMPANY, LLLP WASTEWATER PLANT COSTS Plant Capacity (mgd) Intangible Plant 351.1 Organization 352.1 Franchise 389.1 Other Plant / Misc. Equipment Collection Plant 353.2 Land and Land Rights 354.2 Structures and Improvements 360.2 Collection Sewer - Force 361.2 Collection Sewer - Gravity 362.2 Special Collecting Structures 363.2 Services 364.2 Flow Measuring Devices 365.2 Flow Measuring Installations 389.2 Other Plant / Misc. Equipment System Pumping Plant 353.3 Land and Land Rights 354.3 Structures and Improvements 370.3 Receiving Wells 371.3 Pumping Equipment 389.3 Other Plant / Misc. Equipment Treatment and Disposal Plant 353.4 I -and and Land Rights 354.4 Structures and Improvements 380.4 Treatment and Disposal Equipment 381.4 Plant Sewers 382.4 Outfall Sewer Lines 389.4 Other Plant / Misc. Equipment General Plant 353.5 Land and Land Rights 354.5 Structures and Improvements 390.5 Office Furniture and Fixtures 391.5 Transportation Equipment 392.5 Stores Equipment 393.5 Tools, Shop and Garage Equipment 394.5 Laboratory Equipment 395.5 Power Operated Equipment 396.5 Communication Equipment 397.5 Miscellaneous Equipment 398.5 Other Tangible Plant 16 Al Workpaper S -5 Phase I Phase II Phase III Phase IV 0.75 1.50 3.00 4.50 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 658,994 138,336 272,167 257,274 0 0 0 0 457,434 167,307 237,519 267,147 178,124 187,413 0 228,114 0 0 0 0 2,798,737 650,614 6,186,474 2,887,139 5,050,564 942,132 5,403,210 2,988,531 0 0 0 0 381,367 133,990 289,256 244,225 0 7,130, 023 0 0 0 0 0 0 213,235 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9,738,454 9,349,814 12,388,626 6,872,430 a a 'L O (L z 2 a 2 O U r M LLJK Q a m(D i}n OOON O pp (n m1!') 8Oppp OoOSOOS S$oog g I I b Al W) S (n N r N M 0 0 0 8 0 0 0 0 5 V O OOC C) O (OO(OY (OO �ODN�N M pp N N m - N N N o m N N r m(D(O OmMO M V N N N � (D N aD w� M O (O M O m O M 0 0 o o S O O o 0 O N M m M O S S O S _ S O O O O 0 0 O S V Y m N (O M O � O tCi V) m (!'l O � u7 O O O O N m ll O m (O m O m (n tD O? 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V') U (n a U' a U ¢ ¢ ¢ ¢ �' W (n 1- � � � � U S (h U (D 16 Al '- d (u�pps W im�pp f @�pp �(�O Opp! pOp Ld�pp (W� NN OD � Nlh QO�O t7 tr0 O n0-O9 dm Oppp pO �Q�ppO MNGO .Q-N� V mOCln mN� mQ @m0pp!pO ��dppn M �N�p - r m r N O Op O{ @{pp t7 m m0 M N n N 0! p O ( d�pp N N N N IN 01 SN ONi Q mf0O W nNOpp�p9 Ld�pp �ppO St�P O GNDm �n-rm mS C]� dO�ONd rNmOd.- �m�$mu'NWg'o`�p'm t @p m {u{pp'1 m W p mp N m O � Qp m fp Oitl - '-mNm00GO 2 °�m�$m8 AIR n _ _ O O O pmo N pmo o "p ISO m � 0 m r N m N m O d l0 ��^mmSa'Si Ot�� m N� O-7 m 0 7 0 0 Ir': l� NNm Nd0•-000r O f� Old ��v�ri00000N N v a E U ° n a C. m ry J O Gl � ) N c7wcnOwac7a0 N d m y2�m N Cq m 7 e N W � N � m N N el N n � � m pro [7m o N � W ED O O m d (m0 N m m m m V m W O m i0 M r tO n n N m tV m� mm W r S N m d N fN0 d d G°O N m P 1+ CO a 1414 m m tNp d N � O m m �m N m N N U K w d w d c a W �p J i a` m m m ui C7 O o 2 25_ v w 0 w c m w ¢ m a a N N a v° y 3 $ 0EE � w c '�°� N°' �w d N Nm2 LLv m mE = =mm L L o l� = _U U d S 16 Al '- d (u�pps W im�pp f @�pp �(�O Opp! pOp Ld�pp (W� NN OD � Nlh QO�O t7 tr0 O n0-O9 dm Oppp pO �Q�ppO MNGO .Q-N� V mOCln mN� mQ @m0pp!pO ��dppn M �N�p - r m r N O Op O{ @{pp t7 m m0 M N n N 0! p O ( d�pp N N N N IN 01 SN ONi Q mf0O W nNOpp�p9 Ld�pp �ppO St�P O GNDm �n-rm mS C]� dO�ONd rNmOd.- �m�$mu'NWg'o`�p'm t @p m {u{pp'1 m W p mp N m O � Qp m fp Oitl - '-mNm00GO 2 °�m�$m8 AIR n _ _ O O O pmo N pmo o "p ISO m � 0 m r N m N m O d l0 ��^mmSa'Si Ot�� m N� O-7 m 0 7 0 0 Ir': l� NNm Nd0•-000r O f� Old ��v�ri00000N N v a E U ° n a C. m ry J O Gl � ) N c7wcnOwac7a0 N d m y2�m N Cq m 7 e N W � N � m N N el N n � � m pro [7m o N � W ED O O m d (m0 N m m m m V m W O m i0 M r tO n n N m tV m� mm W r S N m d N fN0 d d G°O N m P 1+ CO a 1414 m m tNp d N � O m m �m N m N N U K w d w d c a W �p J i a` 16 A-1 Appendix "C" Major Assumptions Ave Maria Utility Company, LLLP Manor Assumptions General 16 Al The initial rate study uses the complete system analysis that targets the cost of providing service at year -end 2021, when the water and wastewater systems will essentially reach full build -out. The engineering firm of CH2MHill provided the customer absorption rates and demand flows reflected within this study. Water consumption is bases on 275 gallons per day (gpd) per equivalent residential connection (ERC). Wastewater flows is based on 247.5 gpd per ERC, or 90% of metered water. Plant in Service CH2M Hill provided construction costs and construction schedules for Phases I through V of the Water System and Phases I through IV of the Wastewater System. The costs provided included permitting, engineering and contingency costs, to which overheads were added. The construction costs were adjusted to reflect the cost for the year of installation by inflating the cost of Supply Plant, Structures, Pumping Equipment, Treatment Equipment, and Mains by 2% annually. Water wellfields and supply mains were added annually. The water transmission and distribution (T &D) mains, services, hydrants, meters, valves, and miscellaneous T &D facilities were placed in service according to customer growth. Wilson Miller (Corollo Engineers) and the Ave Maria Utility Company provided the costs of these facilities. Wastewater collection system mains, services, receiving wells, pump -° station, and miscellaneous collection facilities were placed in service according to customer growth. Wilson Miller (Corollo Engineers) and the Ave Maria Utility Company provided the costs of these facilities. Land costs were included at $11,000 per acre with 14.8 acres devoted to the water facilities and 18.6 acres devoted to the wastewater facilities. General Plant assets, such as office furniture and equipment, were added according to the number of utility personnel and to replace retirement units occurring during the utility's growth period. 16 Al Depreciation Average service lives used to depreciate the physical assets are based on the Florida Public Service Commission (FPSC) recommended service lives by primary plant account. The annual depreciation calculation reflects the impacts of system utilization. Contributions in Aid of Construction (CIAC) Water property contributions reflect all outside developer installed T &D facilities. Also included, as a system capacity charge per ERC is a $543.07 cash contribution, which covers the transmission mains, the water storage facility, and hydrants installed by the utility. The contributed property is added to the system as it is installed and placed in service. The cash contributions are added to the system as customer growth occurs. Wastewater property contributions reflect all outside developer installed collection facilities. Also included, as a system capacity charge per ERC m is a $470.61 cash contribution, which covers the collection mains, receiving wells, and pump station and pumping equipment installed by the utility. The CIAC is recorded in the same manner as the water contributions. CIAC is amortized at the same rates as their respective plant assets are depreciated. Complete System Rate Base The rate base reflects the utility's' net plant investment, plus a working capital allowance of 1 /8th of operation and maintenance expenses (O &M) and unamortized rate case costs. Operating Revenues The calculations of water and wastewater system revenues reflect the base service charge applied to the projected average annual number of ERCs and a usage or volumetric charge based on metered water usage per thousand gallons. Operating Expenses The O &M expenses were provided by CH2MHill's Operations Division (OMI), to which were added Officers' Salaries (management fees), Outside Services (professional fees), vehicle insurance, rate case and 2 16 Alo regulatory expense, and bad debt costs. These items of cost were not ._ included in OMI's projections. Depreciation expense is calculated as described above and reflected net of CIAC amortization. Taxes, other than income tax, projections reflect payroll tax at 7.8% of employee salaries and wages, property tax at .8% of net plant (book value), and regulatory assessment fees at 2.5% of revenue. Income taxes are not included for the LLLP. Capital Structure The utility's capital structure is based on 55% debt and 45% equity. The cost rates are 7.5% for debt and 10% for equity. The weighted cost produces an overall 8.625% rate of return. Billing Rates and Charges The rates reflected in this initial rate study are based on the FPSC's formula for rate design. The monthly base service rate is applied to the water and wastewater customers according to the size of the water meter serving their property. The usage (volumetric) rate, per thousand gallons, is applied to each bill based on metered water. 3 16 Al ` Appendix "D" Qualifications & Experience 16 Al PROFESSIONAL QtJALIFICA'hlONS AND EXPERIENCE of JOHN F. GUASTELLA B.S., Mechanical Engineering, Stevens Institute of Technology, 1962 Registered Professional Engineer in: Florida, New York and New Jersey Member: American Water Works Association National Association of Water Companies American Society of Appraisers Committees: AWWA, Water Rates Committee (Manual M -1, 1983 Edition) National Association of Regulatory Utility Commissioners (NARUC) and NAWC, Joint - Committee on Rate Design NAWC, Rates and Revenues Committee NAWC, Small Water Company Committee Currently, Mr. Guastella is President of Guastella Associates, Inc., which provides management, valuation and rate consulting services for municipal and investor -owned utilities. His clients include utilities in the states of Alaska, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Maine, Maryland, Massachusetts, Missouri, Michigan, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Pennsylvania, South Carolina, Texas, Rhode Island and Virginia. He has provided consulting services that include all aspects of utility regulation and rate setting, encompassing revenue requirements, revenues, operation and maintenance expenses, depreciation, taxes, return on investment, cost allocation and rate design. He has performed depreciation studies for the establishment of average service lives of utility property. He has performed appraisals of utility companies for management purposes and in connection with condemnation proceedings. He has also negotiated the sale of utility companies. Mr. Guastella also served for more than four years as President of Country Knolls Water Works, Inc., a water utility that served some 5,500 customers in Saratoga County, New York. He also served as a member of the Board of Directors of the National Association of Water Companies. Mr. Guastella has qualified and testified as an expert witness before regulatory agencies and municipal jurisdictions in the states of Alaska, California, Connecticut, Delaware, Florida, Illinois, Indiana, Maryland, Massachusetts, Missouri, Montana, Nevada, New Mexico, New 16 Al Jersey, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas and Virginia. Prior to establishing his own firm, Mr. Guastella was employed by the New York State Public Service Commission for sixteen years. For two years he was involved in the regulation of electric and gas utilities, with the remaining years devoted to the regulation of water utilities. In 1970, he was promoted to Chief of Rates and Finance in the Commission's Water Division. In 1972, he was made Assistant Director of the Water Division. In 1974, he was appointed by Alfred E. Kahn, then Chairman of the Commission, to be Director of the Water Division, a position he held until he resigned from the Commission in August 1978. At the Commission, his duties included the performance and supervision of engineering and economic studies concerning rates and service of many public utilities. As Director of the Water Division, he was responsible for the regulation of more than 450 water companies in New York State and headed a professional staff of 32 engineers and three technicians. A primary duty was to attend Commission sessions and advise the Commission during its decision making process. In the course of that process, an average of about fifty applications per year would be reviewed and analyzed. The applications included testimony, exhibits and -- briefs involving all aspects of utility valuation and rate setting. He also made legislative proposals and participated in drafting Bills that were enacted into law: one expanded the N.Y. Public Service Commission's jurisdiction over small water companies and another dealt specifically with rate regulation and financing of developer - related water systems. In addition to his employment and client experience, Mr. Guastella served as Vice - Chairman -` of the Staff - Committee on Water of the National Association of Regulatory Utility Commissioners ( NARUC). This activity included the preparation of the "Model Record - Keeping Manual for Small Water Companies," which was published by the NARUC. This manual provides detailed instruction on the kinds of operation and accounting records that should be kept by small water utilities, and on how to use those records. Each year since 1974 he has prepared study material, assisted in program coordination and served as an instructor at the Eastern Annual Seminar on Water Rate Regulation sponsored by the NARUC in conjunction with the University of South Florida, Florida Atlantic University, the University of Utah, Florida State University and the University of Florida. This course is recognized as one of the best available for teaching rate - setting principles and methodology. It is attended by regulatory staff, utility personnel and accounting, engineering, legal and consulting firms throughout the country. In 1980 he was instrumental in the establishment of the Western NARUC Rate Seminar and has annually served as an instructor since that time. He has also served as an instructor and panelist in a water and sewer utility rates and regulations seminar conducted by the Independent Water and Sewer Companies of Texas. In 1998, he prepared and conducted a seminar on basic rate regulation on behalf of -- the New England Chapter of the National Association of Water Companies. 16 Al In 2000 and 2001, Mr. Guastella developed and conducted a special seminar for developer related water and sewer utilities in conjunction with Florida State University, and again in 2003 in conjunction with the University of Florida. It provided essential training for the financial structuring of small water and sewer utilities, rate setting, financing and the establishment of their market value in the event of a negotiated sale or condemnation. Mr. Guastella has presented papers at meetings of the National Association of Regulatory Utility Commissioners, the American Water Works Association, the National Association of Water Companies, the New England Conference of Public Utilities Commissioners, the Florida, New England, New Jersey and New York Chapters of NAWC, the Mid - America Regulatory Conference, the Southeastern Association of Regulatory Utility Commissioners, the Pennsylvania Environmental Conference, and the Public Utility Law Section of the New Jersey Bar Association. 16 Al JOHN F. GUASTELLA List of Proceedings in Which Expert Testimony was Presented Year Company State Regulatory Docket/Case Number 1966 Sunhill Water Corporation New York 23968 1967 Worley Homes, Inc. New York 24466 1967 Amagansett Water Company New York 24210 1968 Worley Homes, Inc. New York Supreme Court 1968 Amagansett Water Company New York 24718 1968 Sunhill Water Corporation New York 23968 1968 Amagansett Water Company New York 24883 1969 Worley Homes, Inc. New York 24466/24992 1969 Citizens Water Supply Co. New York 25049 969 Amagansett Water Supply New York 24883 1970 Consolidated Edison of New York New York 25185 1970 Brooklyn Union Gas Company New York 25448 1971 Wanakah Water Company New York 25873 1971 Port Chester Water Works, Inc. New York 25797 1971 Hudson Valley Water Companies New York 26093 1971 Jamaica Water Supply Company New York 26094 1971 U & I Corp. - Merrick District New York 26143 1972 U & I Corp. - Woodhaven District New York 26232 1972 Spring Valley Water Company New York 26226 1973 Citizens Water Supply Company New York 26366 1978 Rhode Island DPU &C (Bristol County) Rhode Island 1367A 1979 Candlewick Lake Utilities Co. Illinois 76 -0218 1979 Candlewick Lake Utilities Co. Illinois 76 -0347 1979 Candlewick Lake Utilities Co. Illinois 78 -0151 1979 Woodhaven Utilities Corporation Illinois 77 -0109 1979 New York Water Service Corporation New York 27594 1979 Jacksonville Suburban Utilities Florida 770316 -WS 1979 Southern Utilities Corporation Florida 770317 -WS 979 Westchester Joint Water Works New York Municipal 1979 Salem Hills Sewerage Disposal Corp. v. V. of Voorheesville New York Supreme Court 1979 Township of South Brunswick New Jersey Municipal 1979 Seabrook Water Corporation New Jersey 7910 -846 1980 Crestwood Village Water Company New Jersey BPU 802 -77 1980 Crestwood Village Sewer Company New Jersey BPU 802 -78 1 Testimony: JFG Year Company State 16 Al Regulatory Docket/Case Number 1980 Rhode Island DPU &C (Newport Water) Rhode Island 1480 1980 Gateway Water Supply Corporation Texas Municipal 1980 GWW- Central Florida District Florida 800004 -WS 1980 Jamaica Water Supply Company New York 27587 1981 Spring Valley Water Company, Inc. New York 27936 1981 Smithville Water Company, Inc. New Jersey 808 -541 1981 Hobe Sound Water Company Florida 8000776 1981 Sunhill Water Corporation New York 27903 1981 Swan Lake Water Corporation New York 27904 1981 Candlewick Lake Utilities Co. Illinois 81 -0011 1981 New York Water Service Corporation New York 28042 1981 GDU, Inc. - Port Malabar Florida 80 -2192 1981 Spring Valley Water Company, Inc. New York 27936 1981 GDU, Inc. - Port Charlotte Florida Municipal 1981 GDU, Inc. - Northport Florida Municipal 1981 Lake Kiowa Utilities, Inc. Texas 3621 1981 Briarcliff Utilities, Inc. Texas 3620 1981 Caroline Water Company, Inc. Virginia 810065 1981 Rhode Island DPU &C (Newport Water) Rhode Island 1581 1981 Lake Buckhom Utilities, Inc. Ohio 80 -999 1981 Lorelei Utilities, Inc. Ohio 80 -1000 1981 Lakengren Utilities, Inc. Ohio 80 -1001 1981 Shawnee Hills Utility Company Ohio 80 -1002 1982 Chesterfield Commons Water Company New Jersey 822 -83 1982 Chesterfield Commons Sewer Company New Jersey 822 -84 1982 Crescent Waste Treatment Corp. New York Municipal 1982 Salem Hills Sewerage Disposal Corp. New York Municipal 1982 Crestwood Village Water Company New Jersey 821 -38 1982 Crestwood Village Sewer Company New Jersey 821 -33 1982 Woodhaven Utilities Corporation Illinois 82 -0167 1982 Township of South Brunswick New Jersey Municipal 1983 Country Knolls Water Works, Inc. New York 28194 1983 Heritage Hills Water Works Corp. New York 28453 1984 Crestwood Village Water Company New Jersey 8310 -860 1984 Crestwood Village Sewer Company New Jersey 8310 -861 1984 Hurley Water Company, Inc. New York 28820 1984 GDU, Inc. - Port St. Lucie Florida 830421 1984 New York Water Service Corporation New York 28901 1984 Heritage Village Water (water /sewer) Connecticut 84 -08 -03 1984 Environmental Disposal Corp. New Jersey 816 -552 1985 Sterling Forest Pollution Control New York Municipal 2 Testimony: JFG 16 Al Regulatory Docket/Case Year Company State Number 1985 J. Filiberto Sanitation, Inc. New Jersey 8411 -1213 1985 Deltona Utilities (water /sewer) Florida 830281 1985 Water Works Enterprise, Grand Forks North Dakota Municipal 1986 GDU, Inc. - Port Charlotte Florida Municipal 1986 Kings Grant Water /Sewer Companies (settled) New Jersey WR8508 -868 1986 Mt. Ebo Sewage Works, Inc. New York Municipal 1986 Sterling Forest Pollution Control New York Municipal 1986 GDU, Inc. - Sebastian Highlands Florida Municipal 1987 Country Knolls Water Works, Inc. New York 29443 1987 Deltona Utilities - Marco Island Florida 850151 -WS 1987 Sanlando Utilities Corp. (settled) Florida 860683 -WS 1987 Ocean County Landfill Corporation New Jersey SR- 8703117 1987 Township of South Brunswick New Jersey Municipal 1987 Palm Coast Utility Corporation Florida 870166 -WS 1987 GDU, Inc. - Silver Springs Shores Florida 870239 -WS 1987 Deltona Utilities, Inc. - Citrus Springs (settled) Florida 870092 -WS 1987 Woodhaven Utilities Corp. (settled) Illinois 87 -0047 1987 Crestwood Village Sewer Co. (settled) New Jersey WR8701 -38 1987 First Brewster Water Corp. v. Hillcrest Water District, Town of Southeast (settled) New York Supreme Court 1988 Instant Disposal Service, Inc. New Jersey SR- 87080864 1988 J. Filiberto Sanitation v. Morris County Transfer Station New Jersey 01487 -88 1988 St. Augustine Shores Utilities Florida 870980 -WS 1988 Heritage Village Water Company Connecticut 87 -10 -02 1988 Elizabethtown Water Co. New Jersey OAL PUC3464 -88 1988 Crescent Estates Water Co., Inc. New York 88 -W -035 1988 Ohio Water Service Co. Ohio 86- 1887 -WW -COI 1989 General Development Utilities (FPSC generic proceeding as to rate setting procedures) Florida 880883 -WS 1989 Elizabethtown Water Co. New Jersey BPU WR89020132J 1989 Southbridge Water Supply Co. Massachusetts DPU 89 -25 1989 Sterling Forest Water Co. New York PSC 88 -W -263 1989 Palm Coast Utility Corporation Florida 890277 -WS 1989 Heritage Hills Sewage Works Connecticut Municipal 1989 Heritage Village Water Company Connecticut 87 -10 -02 1989 Gordon's Corner Water Co. New Jersey OAL PUC479 -89 1990 Palm Coast Utility Corporation Florida 871395 -WS 1990 Waste Management of New Jersey New Jersey SE 87070552 3 Testimony: JFG 16 Al Year Company State Regulatory Docket /Case Number 1990 Waste Management of New Jersey New Jersey SE 87070566 1990 Country Knolls Water Works, Inc. New York 90 -W -0458 1990 City of Carson City Nevada Municipal 1990 Kent County Water Authority Rhode Island 1952 1990 Trenton Water Works New Jersey WR90020077J 1990 Elizabethtown Water Company New Jersey WR900050497J 1990 Southern States Utilities, Inc. Florida Workshop 1990 American Utilities, Inc. - United States New Jersey 85 -00316 Bankruptcy Court 1991 Southern States Utilities, Inc. Florida 900329 -WS 1991 City of Grand Forks North Dakota Municipal 1991 Gordon's Corner Water Co. New Jersey OAL PUC8329 -90 1992 Elizabethtown Water Co. New Jersey WR 91081293J 1992 Heritage Hills Water Works, Inc. New York 92 -2 -0576 1992 General Development Utilities, Inc. - West Coast Division, North Port Florida 911067 -WS 1992 General Development Utilities, Inc. - Port Malabar Division Florida 911030 -WS 1993 General Development Utilities, Inc. - Port LaBelle Division Florida 920734 -WS 1993 General Development Utilities, Inc. - Silver Springs Shores Florida 920733 -WS 1993 Southern States Utilities - Marco Island Florida 920655 -WS 1993 Southern States Utilities - FPSC Rulemaking Florida 911082 -WS 1993 General Waterworks of Pennsylvania - Dauphin Consolidated Water Supply Pennsylvania R- 00932604 1993 Kent County Water Authority Rhode Island 2098 1994 Capital City Water Company Missouri WR -94 -297 1994 Hoosier Water Company - Mooresville Division Indiana 39839 1994 Hoosier Water Company - Warsaw Division Indiana 39838 1994 Hoosier Water Company - Winchester Division Indiana 39840 1994 West Lafayette Water Company Indiana 39841 1994 Capital City Water Company Missouri WR -94 -297 1994 Elizabethtown Water Company New Jersey WR94080346 1994 General Waterworks of Pennsylvania Pennsylvania R- 00943152 1994 General Development Utilities - Port Charlotte Florida 1994 Wilmington Suburban Water Corporation Delaware 94 -149 (stld) 4 Testimony: JFG 16 Al Year Company State Regulatory Docket /Case Number 1994 Environmental Disposal Corp. New Jersey WR94070319 1994 Elizabethtown Water Company New Jersey WR94080346 1995 Heritage Hills Sewage Works Corporation New York Municipal 1995 Butte Water Company Montana Cause 90 -C -90 1996 Consumers Illinois Water Company Illinois 95 -0342 1996 Elizabethtown Water Company New Jersey WR95110557 1996 Palm Coast Utility Corporation Florida 951056 -WS 1996 Southern States Utilities, Marco Island Florida 950495 -WS 1996 PenPac, Inc. New Jersey OAL- 00788 -93N 1997 United Water Florida Florida 960451 -WS 1997 Missouri- American Water Company Missouri WR -97 -237 SR -97 -238 1997 Indiana American Water Co., Inc. Indiana IURC 40703 1997 South County Water Corp New York 97 -W -0667 1997 Crestwood Village Water Company New Jersey BPU 96100739 1998 Heritage Hills Water Company New York 97 -W -1561 1998 Consumers Illinois Water Company Illinois 97 -0351 1998 Consumer Illinois Water Company Illinois 98 -0632 1999 Indiana American Water Co., Inc. Indiana IURC 41320 1999 Environmental Disposal Corp. New Jersey WR99040249 1999 Consumers Illinois Water Company Illinois 99 -0288 2000 Utilities Inc. of Maryland Maryland CAL 97 -17811 2000 South Haven Sewer Works, Inc. Indiana Cause: 41410 2001 Southlake Utilities, Inc. Florida 981609 -WS 2001 Artesian Water Company Delaware 00 -649 2001 Elizabethtown Water Company New Jersey WR- 0104205 2001 South Haven Sewer Works, Inc. Indiana 41903 2001 Citizens Utilities Company Illinois 01 -0001 2001 Placid Lakes Water Company Florida 011621 -WU 2001 Kiawah Island Utility, Inc. South Carolina 2001 - 164 -W /S 2002 Valencia Water Company California 02 -05 -013 2002 Artesian Water Company Delaware 02 -109 2002 Consumers Illinois Water- Village Woods Illinois 02 -0539 2002 Consumers Illinois Water- Grant Park Illinois 02 -0480 2003 Golden Heart Utilities, Inc. Alaska U-02-13,14 & 15 2003 Consumers Illinois Water - Indianola Illinois 03 -0069 2003 Utilities, Inc. — Georgia Georgia CV02- 0495 -AB 2003 Elizabethtown Water Company New Jersey WR- 030 -70510 2004 Rockland Electric Company New Jersey EF02110852 5 Testimony: JFG 6 Testimony: JFG 16 Al Regulatory Docket /Case Year Company State Number 2004 Heritage Hills Water Company New York 03 -W -1182 2004 Artesian Water Company Delaware 04 -42 2004 El Dorado Utilities, Inc. New Mexico D- 101- CU -2004- 00276 2004 Jersey City MUA New Jersey Municipal 6 Testimony: JFG 16 Al PAPERS AND PRESENTATIONS By JOHN F. GUASTELLA Year Title Forum 1974 through 1. Basics of Rate Setting Semi - annual seminars on utility rate 2004 2. Cost Allocation and Rate Design regulation, National Association of 3. Revenue Requirements Regulatory Utility Commissioners, sponsored by University of South Florida, Florida Atlantic University, University of Utah, Florida State University, and University of Florida, held in the states of Y Florida, Utah and California 1974 Rate Design Studies: A Regulatory Annual convention of the National Point -of -View Association of Water Companies, New Haven, Connecticut 1976 Lifeline Rates Annual convention of the National Association of Water Companies, Chattanooga, Tennessee 1977 Regulating Water Utilities: The Annual symposium of the New Customers' Best Interest England Conference of Public Utilities Commissioners, Mystic Seaport, Connecticut 1978 Rate Design: Preaching v. Practice Annual convention of the National Association of Water Companies, Baton Rouge, Louisiana 1979 Small Water Companies Annual symposium of the New England Conference of Public Utilities Commissioners, Newport, Rhode Island 1979 Rate Making Problems Peculiar to Private Special educational program Water and Sewer Companies sponsored by Independent Water and Sewer Companies of Texas, Austin, Texas 1980 Water Utility Regulation Annual meeting of the National Association of Regulatory Utility Commissioners, �- Houston, Texas 1 Papers & Presentations: JFG 16 Al _ Year Title Forum 1981 The Impact of Water Rates on Annual Pennsylvania Environmental -- Water Usage Conference, Harrisburg, Pennsylvania 1981 A Realistic Approach to Regulating Water Mid - America Regulatory Conference -- Utilities Clarksville, Indiana 1982 Issues in Water Utility Regulation Annual symposium of the New England -- Conference of Public Utilities Commissioners, Rockport, Maine 1982 New Approaches to the Regulation of Southeastern Association of Water Utilities Regulatory Utility Commissioners, Asheville, North Carolina 1983 Allocating Costs and Revenues Fairly Maryland Water and Sewer Finance and Effectively Conference, Westminster, Maryland 1983 Lifeline and Social Policy Pricing Annual conference of the American Water Works Association, Las Vegas, Nevada (published) 1984 The Real Cost of Service: Some Special Annual New Jersey Section AWWA Considerations Spring Meeting, Atlantic City, New Jersey 987 Margin Reserve: It's Not the Issue Florida Waterworks Association Newsletter, April /May /June 1987 issue -- 1987 A "Current" Issue: Contributions in Aid NAWC - New England Chapter Construction November 6, 1987 meeting -- 1988 Small Water Company Rate Setting: Take NAWC - New York Chapter It or Leave It June 14, 1988 meeting �- 1989 The Solution to all the Problems of Good NAWC Quarterly magazine, Winter Small Water Companies issue 1989 Current Issues Workshop - Panel New England Conference of Public Utilities Commissioners, Kennebunkport, Maine -- 2 Papers & Presentations: JFG Year Title _ Forum 1991 Alternative Rate Structures 1994 Conservation Impact on Water Rates 1996 Utility Regulation - 21 st Century 1997 Current Status Drinking Water State Revolving Fund 1998 Small Water Companies - Problems and Solutions 1998 Basic Rate Regulation Seminar 2000 Developer Related Water and Sewer Utilities Seminar 2001 Developer Related Water and Sewer Utilities Seminar 2003 Developer Related Water and Sewer Utilities Seminar 3 16 Al New Jersey Section 1991 Annual Conference, AWWA, Atlantic City, New Jersey New England NAWC and New England AWWA, Sturbridge, Massachusetts NAWC Annual Meeting Orlando, Florida NAWC Annual Meeting San Diego, California NAWC Annual Meeting Indianapolis, Indiana New England Chapter - NAWC Rockport, Maine Florida State University Orlando, Florida Florida State University Orlando, Florida University of Florida Orlando, Florida Papers & Presentations: JFG 16 All -- PROFESSIONAL QUALIFICATIONS AND EXPERIENCE of GARY C. WHITE B.S., Business Administration and Accounting Valparaiso University, 1972 Member: American Water Works Association Over his professional career, Mr. White has been involved in various aspects of - business management, accounting and finance in both the regulated and unregulated business sectors. Since 1984, his experience has been in the area of utility management and rate regulation for water and wastewater systems. Until 1989, he was responsible for the rate regulation department of the largest developer - related, privately owned water and wastewater utility in Florida. This utility provided water and wastewater service to nine separate systems ranging in size from about 1,000 to 40,000 customers. Mr. White was involved in accounting and financial reporting to the Florida Public Service Commission, as well as local municipal regulators. He prepared annual reports, cost analyses and rate filings. He was also responsible for regulatory compliance filings, rules and regulations, tariff design and system expansions. For a period of 4 years from 1989 to 1992, Mr. White managed an investor - owned water utility in upstate New York, responsible for day -to -day operations, record keeping, billing, and all regulatory economic and environmental requirements. He was responsible for implementing capital improvements, main extensions and related contracts, and customer and regulatory relations, and he prepared and participated in rate applications to the N.Y. Public Service Commission. Mr. White began providing consulting services in 1992 when he joined Guastella Associates. He has prepared numerous cost of service and revenue requirement analyses for water and wastewater systems; preparing all summary schedules in support of complete rate filings. He has prepared comparative financial statements rate base calculations, depreciation -- schedules, proforma income statements, income tax calculations, capital structures, debt service schedules, billing analyses and rates. He has performed cost allocations and bulk service analyses, revenue requirement forecasts, population growth and system capacity �- projections, and various plant operation and resource management evaluations. He provided consulting services on behalf of privately owned and municipal utility systems. Mr. White has provided rate, regulatory and system valuation services for clients in Resume: GCW 16 A l the states of Alaska, Arizona, California, Florida, Georgia, Illinois, Maine, Maryland, Massachusetts, Montana, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and South Carolina. He has served as an instructor at seminars for developer - related water and sewer utilities, conducted by Florida State University and the University of Florida. He was also an instructor at a seminar on basic rate regulation on behalf of the New England Chapter of the National Association of Water Companies. Mr. White has presented testimony in Connecticut, Florida, New Jersey, New York and South Carolina, qualifying as an expert witness in those states. He has appeared at both regulatory and municipal hearings representing investor -owned utilities on matters of ratemaking, regulation, rate design, finance, and utility management. Mr. White has also been active as a speaker on these subjects for community and civic organizations. 2 Resume: GCW 16 Al Exhibit "L" Evidence that Utility Owns Land Where Utility Plant Facilities are to be Located or Copy of Agreement that Provides for Utility's Continuous Use of Land OPTION AGREEMENT 16 Al This Option Agreement ( "Agreement ") is entered into this day of July, 2004, by and between New Town Development, LLLP, a Florida limited Liability limited partnership, whose address is 2600 Golden Gate Parkway, Naples, Florida 34105 (hereafter "Seller ") and Ave Maria Utility Company, LLLP, a Florida limited liability limited partnership, whose address is 2600 Golden Gate Parkway, Naples, Florida 34105 (hereafter "Purchaser ") . WHEREAS, Seller is an entity involved in the development. of w_ the Ave Maria community located in Collier County, Florida (hereafter "Development "), which possesses an option to acquire all non - university real property located in such community from Barron Collier Partnership, Lt-d. and Barron Collier Investments, Ltd. and .both of which are related parties of the Seller; WHEREAS, the Development will need to have reliable water and wastewater service available; _- WHEREAS, Purchaser intends to apply to the Collier County Water and Wastewater Authority and Board of County Commissioners to receive authorization to provide water and wastewater service to the Development and in so doing must be able to show evidence that it owns the real property upon which its facilities thrill be located ( "the Property "); WHEREAS, this Agreement is intended accommodate Seller's time frames) for exercise of its option and to convey the Property to the Purchaser either by sale or contribution of the Property to the Purchaser and other entities, as well as to show evidence that the Utility will own the Property(s) upon which its facilities will be located. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants herein, and intending to be legally bound, the parties to this Agreement agree as follows: 1. RECITALS. The foregoing recitals are true and incorporated by reference herein. 2. OPTION TO PURCHASE. Seller gives to Purchaser the exclusive option tO purchase the following described real estate with the improvements thereon, situated in Collier County, Florida, to wit: See Exhibit "All attached hereto ( "Real Property ") Page 1 of 6 16 Aj, according to the terms and conditions set forth in this Agreement. In consideration for Seller giving Purchaser the exclusive option to purchase referenced herein, Purchaser contemporaneous with. the signing of this .Agreement shall pay $1,000 to Seller, which shall be a credit against the Purchase Price (defined below). 3. WHEN OPTION EXERCISABLE. .Purchaser may exercise its option to purchase the Real Property between September 1, 2004 through December 31, 2004 (hereafter "Option Period "). 4. RESTRICTION ON TRANSFER. Seller shall not assign, pledge, transfer, or otherwise dispose of its interest in the Real Property before or during the Option Period, except to Purchaser, without first receiving the written consent of Purchaser. 5. CLOSING. The closing of the purchase shall take place at such place and time as designated by the parties. At closing: a. purchaser shall pay the Purchase Price (defined below) in full; b. Seller shall deliver or cause to deliver to Purchaser a warranty Deed with respect to the Real Property; c. Real estate taxes with respect to the Real Property shall be prorated between Seller and Purchaser; d. Closing Costs shall be allocated in a manner consistent with that of.the Seller's Option Agreement with the two Barron Collier organizations. 6. PURCHASE PRICE. The purchase price for the 33.41 acres of Real Property shall be $367,510 (hereafter "Purchase Price ") . 7. SPECIFIC PERFORMANCE. Seller and Purchaser agree that the Real Property cannot be readily purchased, sold, or evaluated in the open market; that it has a unique and special value to Purchaser, and that Purchaser would be terms irreparably damaged if the of this Agreement were not capable of being specifically enforced. For this reason, Seller and Purchaser agree that the terms of this Agreement shall be specifically enforceable. Seller and Purchaser further agree that any sale or disposition, including an involuntary transfer or a transfer by operation of law of .the Peal Property that does not strictly comply with the terms and conditions of this Agreement may be specifically restrained. Page 2 of 6 16 ql 8. FURTHER ASSURANCES. Seller and Purchaser each agree to perform any further acts and to execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 9. SEVERABILYTY. if any provision of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby. TO. CONSTRUCTION. The paragraph headings in this Agreement are for convenience of reference only and may not be used as an aid in the construction of any provision. 11- GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida. 12. INUREMENT. The provisions of this Agreement shall inure to the benefit of, and shall be binding on, the assigns, successors in interest, personal representatives, estates, heirs, and legatees of each of the parties. Seller and Purchaser each agree that it will not hypothecate or otherwise create or permit any lien, claim, or encumbrance to exist upon the Real Property at any time before or during the Option Period. 13. AMENDMENT, This Agreement may be amended in writing, signed by all parties to this Agreement, and executed with the same formalities as this Agreement. 14. ENTIRE AGREEMENT. This understanding between the matter contained herein. agreements, arrangements, written, between or amon subject matter of this expressed herein. Agreement contains the entire parties concerning the subject There are no representations, or understandings, oral or g the parties relating to the Agreement that are not fully 15. COUNTERPARTS. This Agreement may be executed in one or more counterparts and in making proof of this Agreement it shall not be necessary to produce or account for more than one fully executed counterpart hereof. (SIGNATURES ON NEXT PAGE] Page 3 of 6 Witness: Print Name; Amo AA�•-C �� Print Name: cA 44v t.1 A, Soy-4 Lt) Print Hamer Print Name= CYIKdC -�/j% 16 Al New T03yn Development, LLLP By: Paul Marinelli, President Of Barron Collier Corporation, its Manager Ave Maria Utility Company, LLLP By: New Town Management, LLC its Sole General Partner By: New Town Development, LLLP s So er t By: Paul Marinelli, President of Barron Collier Corporation, its Manager Page 4 of 6 16 Al Exhibit "A" DESCRIPTION OF PART OF SECTIONS 5 AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COI,LTER COCINTY, FLORIDA, ALL THAT PART OF SECTIONS 5 AND 8, TOWNSHIP-48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTIJWCST CORNER OF SECTION 5, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; -- THENCE ALONG THE SOUTH LINE OF SAID SECTION 5 NORTH 891345'53" EAST 1384.38' TO THE POINT OF BEGINNING OF TFIE PARCEL HEREIN DESCRIBED; THENCE .LEAVING SAID LINE NORTH 08E35'26" WEST 44.59 FEET; '1`RENCE NORTH 031330'28" EAST 24.24 FEET; THENCE NORTH 09E22'28" EAST 32.62 FEET; TFIENCL NORTH 32E03'1 I" EAST 61.35 FEET; THENCE NORFh 41E59'52" EAST 54.16 FEET; THENCE NORTH 46E38 "59" EAST 44.15 FEET; THENCE NORTH 40E 19'34" EAST 80.40 FEET; THENCE NORTH 39E30'46" EAST 42.43 FEET; THENCE NORTH 521-07'39" EAST 71.I6 FEET; TTTENCF; NORTH 60EI7' 11" EAST 55.95 .,T; THENCE NORTH 681;43'34" EAST 63.02 FEET; THENCE NORTTI ME 12'19" FAST 41.51 FEET; THENCE SOUTH 75E32'58" EAST 74.98 FEET; THENCE NORTH 78E55'50" EAST 42.97 FEET; THENCE NORTH 69E31'07" EAST 36.80 FEET; THENCE NORTH 75E37'20" EAST 34.34 FEET; THENCE SOUTH 721;08'39" EAST 57.43 FEET; THENCE SOUTH 56E52'50" EAST 70.22 FEET; THENCE SOUTH 56E52'18" .EAST 99.31 FEET; THENCE SOUTH 70E35'59" EAST 56.76 FEET; THENCE SOUTH 85E12'15" EAST 70.23 FEET; THENCE NORTH 85E47'37" EAST 52.90 FEET; THENCE NORTH 77E16' 18" EAST 51.33 FEET; TIIENCI; NORTH 64E20'23" EAST 9.49 FEET; THENCE NORTH 23E58'25" EAST 24.91 FEET; THENCE NORTH SSE21'41" EAST 347.81 FEET; THENCE SOUTH 02E28'59" EAST 4.93 FEET; THENCE 66.69 FEET ALONG THE ARC OF A CTRCVLAR CURVE CONCAVE EAST HAVING A RADIUS OF 5,250.00 FEET THROUGH CENTRAL ANGLE OF 00E43'40" AND BEING SUBTENDED BY A CHORD WHIG 4 BEARS SOUTH 02E50'49" EAST 66.69 FEET; THENCE SOUTH 86E1845" WEST 37.47 FELT; THENCE SOUTH 031341'15" EAST 81.95 FEET; Page 5 of 6 16 Al THENCE 584.40 FEET ALONG THE ARC OF A CIRCULAR CURVE - CONCAVE EAST IIAVING A, RADIUS OF 4,182.00 FEET T%3ROUGII CENTRAL ANGLE OF 0 M00'24" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 07E41'27" EAST 583.93 FEET; THENCE SOUTH 11E41'39" EAST 296.74 FEET; THENCE 78.05 FEET ALONG THE ARC OF A CIRCULAR CURVE -- CONCAVE WEST HAVING A RADIUS OF 2,894.00 FEET THROUGH CENTRAL ANGLE OF O 1 E32'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 1 OE55' 17" EAST 78.05 FEET; THENCE SOUTH 10E08'56" EAST 139.74 FEET; THENCE SOUTH 791;51'04" WEST 68.49 FEET; THENCE NORTI -I 79E44'1 811 'VILEST 326.16 FEET; THENCE NORTH 70E06'21" WEST 478.54 FEET; THENCE NORTH 76E56'51" WEST 651.27 FEET; THENCE NOItTH OOE12'46" EAST 229.88 FEET; THENCE NORTH 05E13' 18" EAST 37.01 FEET; THENCE NORTH 07E13' 16" WEST 185.10 FEET; THENCE NORTH 08E55'50" 'WEST 66.36 THENCE NORTH 08E35'26" WEST 25.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. PARCEI, CONTAINS 33.41 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RE, CORD. BEARINGS ARE BASED ON THE NORTH S4 OF THE WEST LINE OF SECTION 5, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING NORTH OOE45'29" WEST. Page 6 of 6 16 Al Exhibit "M" Affidavit Regarding Notice of Application for Water and Wastewater Certificate 16 Al AFFIDAVIT The Affiant, having been first duly sworn, deposes as follows: 1. My name is Daren L. Shippy. I have personal knowledge of the matters set forth herein. 2. I am an attorney for Ave Maria Utility Company, LLLP (hereafter "Utility "). My business address is 2548 Blairstone Pines Drive, Tallahassee, Florida 32301. My business telephone number is 850- 877 -6555. 3. On June 3, 2004 and June 7, 2004, the Utility caused to be delivered by certified mail, through its attorneys, its notice of intent to apply for a water and wastewater certificate of authorization in Collier County, a copy of which is attached to this affidavit. 4. The notice was delivered to the following persons /entities: a. Collier County Water and Wastewater Authority c/o D.E. "Bleu" Wallace Director, CDES Operations -- 2800 N. Horseshoe Drive Naples, Florida 34104 b. Jim DeLony, Administrator Public Utilities Division/Bldg H Collier County Government 3301 E. Tamiami Trail -- Naples, Florida 34112 C. Eva J. Deyo, Executive Director Immokalee Water and Sewer District 1020 Sanitation Road Immokalee, Florida 34142 d. Roberto Boltt, President Orangetree Utilities Company, Inc. 3000 Orange Grove Trail Naples, Florida 34120 FURTHER SAY AFFIANT NAUGHT Daren L. Shippy Sworn to and subscribed before me this 1,D — day of August, 2004. utility notice affidavit.wpd \\ �11111i111111//!!� �`,' Wa C..IR41.�S �V111, •�oaber6,2o 9c�• Z #DD252474 ; 4� O • OQ`` 11111111 Notary Public My Commission Expires: 16 A 1' APPLICATION FOR WATER AND WASTEWATER CERTIFICATE NOTICE IS HEREBY GIVEN: Ave Maria Utility Company, Ltd., 2600 Golden Gate Parkway, Naples, Florida 34105, intends to apply to the Collier County Water and Wastewater Authority and Board of County Commissioners of Collier County, Florida, for a water and wastewater certificate of authorization to provide water and wastewater service to the area in Collier County described in Exhibit "A!' to this notice. All interested parties are called upon to take notice of same. Dated this 3rd day of June, 2004. 16 Al APPLICATION FOR WATER AND WASTEWATER CERTIFICATE NOTICE IS HEREBY GIVEN: Ave Maria Utility Company, LLLP, 2600 Golden Gate Parkway, Naples, Florida 34105, intends to apply to the Collier County Water and Wastewater Authority and Board of County Commissioners of Collier County, Florida, for a water and wastewater certificate of authorization to provide water and wastewater service to the area in Collier County described in Exhibit "A" to this notice. All interested parties are called upon to take notice of same. Dated this 7`h day of June, 2004. baroon collierlApplicationlutility notice.wpd 16A1 MEMORANDUM Date: December 1, 2004 To: D.E. "Bleu" Wallace, Director Community Development & Environmental Services From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004 -357 RE: Ava Maria Utility Company As per our phone conversation, I am sending you a copy of the Resolution, along with the two original certificates, of the document as referenced above, Agenda Item # 16A1, approved by the Board of County Commissioners on Tuesday, November 30, 2004 The original Resolution, along with copies of the certificates, have been forwarded to Recording. A recorded copy will be sent to you upon completion. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T j THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT Al (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order) Office Initials Date 1. Sandra Lea Community Development Admin� L J , i / c7;; 2. XXXXXO November 30, 2004 Agenda Item Number 3. NDCXD= signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. XXXX)= Resolution 2004- Number of Original 1 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Bleu Wallace, Director Phone Number 659 -5717 Contact CDES Operations (Initial) Applicable) Agenda Date Item was November 30, 2004 Agenda Item Number A roved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution 2004- Number of Original 1 Attached I Documents Attached INSTRUCTIONR Rr C 14F.Crrr.rcT 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing.slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. X; ; Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 RESOLUTION NO. 2004- 3 5 7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 1 -4(D) OF COLLIER COUNTY ORDINANCE NO. 96 -6, AS AMENDED, GRANTING AVE MARIA UTILITY COMPANY, LLLP, TWO CERTIFICATES: ONE TO PROVIDE WATER SERVICE AND THE OTHER TO PROVIDE WASTEWATER SERVICE TO APPLIED -FOR CERTIFICATED SERVICE AREAS IN UNINCORPORATED COLLIER COUNTY, ALL AS RECOMMENDED TO THIS BOARD BY THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY. WHEREAS, Collier County Ordinance No. 96 -6, as amended, established the Collier County Water and Wastewater Authority (AUTHORITY) and specific powers and duties; and WHEREAS, the AUTHORITY exercises Chapter 367, Florida Statutes, jurisdiction of non - exempt private water and wastewater utilities in unincorporated Collier County; and WHEREAS, Section 1 -4 (D) of Ordinance No. 96 -6 mandates minimum filing requirements that apply when a non - exempt water and/or wastewater utility applies to Collier County to request to be issued Certificates by this Board to be authorized to provide water and/or wastewater service pursuant to Chapter 367, Florida Statutes; and WHEREAS, on August 10, 2004, Ave Maria Utility Company, LLLP (UTILITY) submitted its application for two (2) separate certificates: one to provide water service and the other to provide wastewater service, to specific geographic service areas in unincorporated Collier County, which areas are described in Attachment "A "; and WHEREAS, after review, Utility Regulation Staff has determined that the applications comply with all minimum filing requirements of Ordinance No. 96 -6, as amended, and complies with all this Board's Supplemental Rules, including legal descriptions of all proposed service areas proposed to be served with the applied -for water and wastewater tariffs; and WHEREAS, after review, the AUTHORITY'S Executive Director established September 20, 2004 as the Official Date of Filing, and providing the requisite notice to UTILITY; and WHEREAS, on October 25, 2004, the AUTHORITY considered UTILITY'S applications and the staff s report thereon regarding the sufficiency of the applications; and W H C7 7D to t•c z c-� m o nc1 0 �x H b L 0 N (') � O a� N C7 o r- .P a C3"7 rn H �J x n m o oa 0 xab C7 H OG o� b A H 00 o� OR; 3688 PG; 0199 16 A� WHEREAS, after considering all matters regarding UTILITY'S applications for water and wastewater certificates, the AUTHORITY issued its Preliminary Order No. 2004 -01, recommending that the Board of County Commissioners of Collier County (BOARD) grant to this UTILITY two (2) separate certificates to thereby authorize the applying UTILITY to provide both water and wastewater service in the specific applied - for certificated areas in unincorporated Collier County, which areas are more particularly described in Attachment "A "; and WHEREAS, pursuant to Ordinance No. 96 -6, as amended, only this BOARD is authorized to issue these Certificates to utility applicant. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. Upon this Board's consideration of the AUTHORITY'S Preliminary Order, the record and other evidence, Water Certificate No. 06W and Wastewater Certificate No. 09S are hereby issued to the Utility Applicant, Ave Maria Utility Company, LLLP, which respective Certificate is applicable to the respective applied -for certificated service areas, more particularly described in Attachment "A." 2. Water Certificate No. 06W and Wastewater Certificate No. 09S shall remain in full force and effect until suspended, canceled or revoked by Resolution of this BOARD (or by the Florida Public Service Commission if the AUTHORITY'S Chapter 367, Florida Statutes, jurisdiction is ever ceded back to that Commission by this Board). 3. Duplicate originals of Water Certificate No. 06W and Wastewater Certificate No. 09S are attached hereto as Attachment `B." This Resolution adopted this day of % e t/0r? el,'-2004 after motion, second and majority vote favoring adoption. ATTEST: AWIGA,T E.,rBROCK, Clerk by-:_ � ` _ ttt4t apet S at N 1 prove to form and lea)ss c . Thomas C. almer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER fPUNTY, FLO IDA DONN FIALA, CHAIRMAN OR: 3688 PG: 0200 16A1 ATTACHMENT "A" Resolution No. 2004- 357 RE: Legal Description of Water and Wastewater Service Area - Ave Maria Utility Company, LLLP Collier County Board of Commissioners W qw Rl Q W n7 CV7 Q W N Cr) w W Q W C7 M in z Z O U } W � Z O" W N r Q W Ca N Q W N Q W CO N Q LU U) N Q T 46 S I T 47 S I T 48 S I T 49 S I T 50 S I T 51 S A1Nnoo a8VMo89 T52S I T53S 16"A l V Z cut f z z 0 O WU O ZK O 2 yU� w N 5 W a� a< w =Sr o �^ z i Nf-< Z�W C0 of o o rczm rc�< aU0 Q f . 4 J n F-, 1 Wilso�rMiller® 1 Now Directions In Planing, Design & Engineering 6AI DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, 30, AND 33 - AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4, 9, '16,17, AND 18 AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA COMMENCING AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH 89'42'22' EAST 40.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT -OF -WAY LINE OF CAMP KEIAS ROAD (80' RIGHT -0F -WAY) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE ALONG SAID RIGHT -OF -WAY LINE IN THE FOLLOWING TWENTY FOUR (24) DESCRIBED COURSES; 1) SOUTH 00'15'32' EAST 4936.39 FEET; 2) 395.35 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 3,707.51 FEET THROUGH A CENTRAL ANGLE OF 06'05'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'47'23" WEST 395.17 FEET; 3) SOUTH 05'5(Y40' WEST 101.17 FEET; 4) THENCE SOUTH 89'37'49" WEST 7.63 FEET; 5) SOUTH 00'14'32" EAST 73.58 FEET; 6) SOUTH 05'51'27' WEST 224.83 FEET; 7) 403.87 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A CENTRAL ANGLE OF 06'05'33" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'45'21" WEST 403.68 FEET; 8) SOUTH 00'14'33" EAST 1,907.96 FEET; 9) SOUTH 00'22'10' EAST 2,609.43 FEET; 10) SOUTH 00'30'10" EAST 2,673.59 FEET; 11) SOUTH 00'35'31' EAST 2,684.14 FEET; 12) SOUTH 00'38'11' EAST 2,610.47 FEET-. 13) SOUTH 00'30'34' EAST 200.03 FEET; 14) 202.91 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,702.95 FEET THROUGH CENTRAL ANGLE OF 04'18'04' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'39'36' EAST 202.86 FEET; 15) SOUTH 04'48'38' EAST 400.00 FEET; 16) SOUTH 05'08'04" EAST 95.99 FEET; 17) SOUTH 00'29'16' EAST 101.03 FEET; 18) CONTINUE ALONG SAID LINE SOUTH 00'29'16' EAST 1,60923 FEET; 19) SOUTH 00.59'03' EAST 2,660.06 FEET; 20) SOUTH 00'56'00' EAST 2,246.44 FEET; 21) 104.19 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 461.33 FEET THROUGH A CENTRAL ANGLE OF 12'56'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05'33'57' WEST 103.97 FEET; 22) SOUTH 12'02'43" WEST 100.00 FEET; 23) 122.31 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 540.00 FEET THROUGH CENTRAL ANGLE OF 12'58'40' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05'3323" WEST 122.05 FEET; 24) SOUTH 00'55'58" EAST 49.54 FEET TO THE NORTH RIGHT OF WAY LINE OF OIL WELL ROAD (i00' RIGHT OF WAY) THENCE ALONG SAID NORTH RIGHT OF WAY IN THE FOLLOWING EIGHT (8) DESCRIBED COURSES; 1) SOUTH 88'57'46" WEST 2,595.92 FEET; 2) SOUTH 88'54'34" WEST 2,641.05 FEET; 3) SOUTH 88'57'06' WEST 2,570.04 FEET; 4) SOUTH 88'55'37' WEST 2,702.71 FEET; 5) SOUTH 88'56'50" WEST 2,645.03 FEET; 6) SOUTH 88'56'28' WEST 2,639.06 FEET; 7) SOUTH 89'44'55" WEST 2,676.56 FEET; 8) SOUTH 89 °44'33" WEST 0.82 FEET TO THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779- 2796; THENCE ALONG SAID LINE NORTH 01'11'28' WEST 2,637.90 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779 -2796; THENCE ALONG SAID LINE NORTH 89'3226" EAST 1,332.28 FEET TO A NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. BOOK 2009 PAGE 1554.1558; THENCE ALONG THE NORTH LINE OF SAID LANDS NORTH 89'32'26' EAST 360.40 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2943 PAGE 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 01'11'02' WEST 2,688.15 FEET TO THE INTERSECTION WITH SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 28 EAST, THENCE ALONG SAID LINE SOUTH 89'24'56" WEST 151.63 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE Offices strategically located to serve our clients 800.649.4336 Naptes/Corporate Office 3200 Bailey Lane, Suite 200 • Naples, Florida 34105. 239.649.4040 • Fax 239.643.5716 wilsonmiller. com IBMW2003.12W" Ver. Ml- B=0Q91AM c"a 006000 - -0 WUsonMiller.lnc. — FL Llc./ LC- C000170 C� OC> OG 'b O N C� N lOH0f2001 72384{ V� O/!- f3SiOC10iA1.1 GVf1 0773500&006 - 0 wils6nmillere 16AI New Directions In Planning, Design & Engineering DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, 30, AND 33 AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 4.9,16.17 AND 18 AND ALL OF SECTIONS 5, 6, 7, AND S. TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA LANDS DESCRIBED IN O.R. BOOK 2493 PAGE 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00'44'30" WEST 5,387.66 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID SECTION 12; THENCE ALONG SAID NORTH LINE NORTH 89'00'09" EAST 23.81 FEET TO INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGES 2779 -2796; THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00'43'12" WEST 5,312.87 FEET TO THE SOUTH LINE OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST; THENCE ALONG SAID SOUTH LINE SOUTH 89'28'47" WEST 1,591.63 FEET; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89'28'47" WEST 2,658.12 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00'12'02" WEST 2,594.56 FEET; THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00'13'09" EAST 2,595.59 FEET TO THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SECTION 36 NORTH 89'5718' EAST 2,678.23 FEET; THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION NORTH 89'5718" EAST 2,678.23 FEET TO THE NORTH EAST CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF SECTION 30, TOWNSHIP 47 SOUTH, RANGE 29 EAST, NORTH 00'13'04" WEST 2,580.06 , FEET; THENCE CONTINUE ALONG SAID WEST LINE OF SAID SECTION 30 NORTH 00'10'45" WEST 2,527.41 FEET TO THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (100' RIGHT OF WAY) THENCE ALONG SAID RIGHT OF WAY LINE FOR THE FOLLOWING NINE (9) DESCRIBED COURSES; 1) SOUTH 89'43'35" EAST 0.74 FEET. 2) NORTH 87'40'12" EAST 2,582.06 FEET; 3) NORTH 87.38'44' EAST 2,630.49 FEET; 4) NORTH 87'41'38" EAST 2,640.92 FEET; 5) NORTH 87'46'05' EAST 2,645.58 FEET; 6) NORTH 89'3T45' EAST 2,687.06 FEET; 7) NORTH 89'39'06" EAST 780.08 FEET; 8) 3,07423 FEET ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 1,960.26 FEET THROUGH A CENTRAL ANGLE OF 89'51'20" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 44'42'37' EAST 2.76813; 9) NORTH 00'2T14" WEST 663.14 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID CAMP KEIAS ROAD; C:> THENCE ALONG SAID RIGHT -0F -WAY LINE IN THE FOLLOWING SEVEN (7) DESCRIBED COURSES: 1) SOUTH 89'56'24" EAST 266.14 FEET; 2) 722.56 FEET ALONG THE ARC OF A NOWTANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF C.�) 460.00 FEET THROUGH A CENTRAL ANGLE OF 89'5958' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44'56'23' o EAST 650.54 FEET; �o 3) SOUTH 00'03'36" WEST 600.00 FEET; 4) 529.01 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 760.00 FEET THROUGH b CENTRAL ANGLE OF 39'5253" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 20'00'02" WEST 518.39 FEET; G� 5) SOUTH 39'56'29" WEST 543.45 FEET; 6) 589.90 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 840.00 FEET THROUGH CENTRAL ANGLE OF 40'14'11' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 19'4924" WEST 577.85 FEET; [v 7) SOUTH 00'1742" EAST 60.83 FEET TO THE THE POINT OF BEGINNING. p w CONTAINING 10805.08 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST HALF OF THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 88'54'34' WEST. WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS s CERTIFICATE OF AUTHORI ON 3. :� r• ; BY: 10 -10-03 BRADLEY E $TOCKHAM, P.S.M. LSt/6390 DATE NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL. REF. 4H- 122D -` >', . W.O.: 03786 - 001 -000 -MABS2 DATE: 10 -10-03 REVISED: 10 -14 -03 lOH0f2001 72384{ V� O/!- f3SiOC10iA1.1 GVf1 0773500&006 - 0 ATTACHMENT "B" Resolution No. 2004- 357 RE: Water Certificate No. 06W and Wastewater Certificate No. 09S - Ave Maria Utility Company, LLLP 0 Collier County Board of Commissioners a N OR: 3688 PG: 0206 16 4, 1 COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CERTIFICATE NO. 06W Upon consideration of the record, it is hereby resolved that authority be and is hereby granted to AVE MARIA UTILITY COMPANY, LLLP ,2;600 Oo den Gate arkway E Naples,lorida X105 , to provide WATER service. in accordance witlq tote provisions of Collier a County Ordinance No.-46--6- i as amended, ,Supplemental Rules of the Board and Resoluti ons:nf this Board in the territory descrdaed'by Resolution of this Board "',�: >.� ` T. This Certificate shall remain in €orce and effect until suspended, cancelled or revoked by Resolution of this Board.. RESOLUTION-2004- 357 'DATED 11/3 0/2004 RESOLUTION DATED RESOLUTION DATED By Resolution of the Collier County Board of Commissioners - Dwight E. $ioek .A St! "s Chairman S•form and legal;suf£cieicy. Thomas C. Palmer Assistant County Attorney OR; 3688 PG; 0206 6 A COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS CERTIFICATE NO. 09S Upon consideration of the record, it is hereby resolved that authority be and is hereby granted to AVE MARIA UT X600 X01 Naple 4 to provide WASTE`?VA:TER s Collier County Ordinaace=Na Board 'and Resol-tttigns ;of this of this Board:' COMPANY, LLLP This Certificate shall remain in force' and effect ui T� 4105' ordiiii with the- "I gdedr,Sup le e terr 'torytsl visions of Rules of the iv Resolution cancelled revoked by Resolution of this Board. RESOLUTION 2004- °3517*.' DATEb 11 / 3 0 %2 004 RESOLUTION _ = 4 DATED RESOLUTION ; ` `DATED By Resolution of the Collier County Board of Commissioners ATTEST: , olz Dwi ght E. ;�)YOCk r _s ,.�• a �'i�te'� ,`. - -- - ,, .1 Y +• Ott Chairman. 5 l q e eed sto � ©=in and - 1egat suffio e ' Thomas C. Palmer Assistant County Attorney 16A2 i' MEMORANDUM Date: December 01, 2004 To: Cecilia Martin Planning Services From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: CP- 2004 -11: 11th Annual Christmas Around the World Please find one copy of the above referenced document, Agenda Item #16A2, approved by the Board of County Commissioners on Tuesday, November 30, 2004. If you have any questions, please contact me at 774 -8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 11 i� r THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. if the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. /I t` C1 / l� / 172 r / / O (Initial) �J l 2. 1, Agenda Item Number 3. by the Office of the County Attorney. This includes signature pages from ordinances, 4. i Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who createu/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missin. g information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff / �i Phone Number N/A (Not Contact t` C1 / l� / 172 r / / O (Initial) �J l Agenda Date Item was Approved by the BCC 1, Agenda Item Number by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document i Number of Original Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. app riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) -Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 7 "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. , 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain i time frame or the BCC's actions are nullified. Be aware of your deadlines! 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 1 A2 Permit No. CP- 2004 -1 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Sandra Ramos, Program Leader, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Sandra Ramos, Program Leader, Collier County Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Sandra Ramos, Program Leader, Collier County Parks and Recreation, has requested a waiver of the surety bond. NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Sandra Ramos, Program Leader, Collier County Parks and Recreation, to conduct a carnival on December 10, 11, and 12, 2004 in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A ") The request for waiver of surety bond is hereby approved. 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 `3� day of Gr0;�6'C/'2004. ATTEST: DWIGI�T B j3ROCK CLERK r i x , !C L -� ti l sf in and Legal SufffienC Maijork)M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, FLO DA: DONNA FIALA, CHAIRMAN Item # Ito 4 % Agenda ,1_30- Date Date RE:C'd Property Information Report ;DPR1002 - Property Information Report 505 Escambia Street FOLIO NBR PARENT PARCEL �mmokalee Sports Complex 0000063857680102 0000000000000000 p P BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP 24 2 29 46 33 520300 24 21E3 USE CODE CLASS CODE MILL AREA TOTAL ACSC 86 0 5 14.00 SHORT LEGAL XTRA LGL CNT NEWMARKET SUBD BLK 24 COM SW 10 CNR BLK 24,N 762.44FT ALG E R/W CR TO PT ON ELY R/W OF GLADES ST, CONT ALG E R/W N OWNER NAME PREVIOUS OWNER COLLIER CNTY OWNER ADDRESS 3301 TAMIAMI TRL E NAPLES, FLC0580 341123969 FULL LEGAL DESCRIPTION NEWMARKET SUBD BLK 24 COM SW CNR BLK 24,N 762.44FT ALG E R/W CR TO PT ON ELY R/W OF GLADES ST, CONT ALG E R/W N W 434.28FT TO POB Exhibit "A" HDR REF FLAG Em ollier County Printed on 10/29/2004 7:38:29AM D- Plus for Windows 95/98/NT Page 1 of 1 CARNY-04-AR-672716A2 COLLIER COUNTY GOVERNMENT DEPARTMENT OF PUBLIC SERVICES PARKS AND RECREATION DEPARTMENT October 12, 2004 Cecilia Martin, Planning Tech II Community Development 2800 North Horseshoe Drive Naples, FL 34103 Dear Cecilia: IMMOKALEE SPORTS COMPLEX 505 ESCAMBIA STREET IMMOKALEE, FLORIDA 34142 (941) 657 -1951 FAX (941) 657 -3399 A CERTIFIED BLUE CHIP COMMUNITY The Collier County Parks and Recreation Department is requesting a carnival permit for the 11th Annual Christmas Around the World on December 11, 2004. The carnival will run December 10, 2004 — December 12, 2004 from 2 =00 pm — 11 :00 p.m. at the Immokalee Sports Complex, 505 Escambia Street, Immokalee, FL 34142. The department is requesting to waive the surety bond. Thank you, Sandra Ramos, Program Leader Collier County Parks & Recreation 505 Escambia Street Immokalee, FL 34142 HUU- S1- �V,4�4 14 ib LULL 1 EH W HHK / NOTE: PL case read reverse side before completing this Petition. PETITION NO. PETITIONER'S PETITIONER'S CARNY -04 -AR -6727 �r CARNIVAL OPERATION PETITION O M7 15A2" DATE: S/31, q 8207 PETITIONER "S E -MAIL ADDRESS: N/A FAX# (2012933-S851 PROPERTY OWNER'S NAME PROPERTY OWNER'S ADDRESS TELEPHONF42,N ON 2yzL 611fd .AWAS. FL -2411 1b OWNERS'S E -MAIL ADDRESS: rJ0—'rUbj4 IQ C0111s, FAXdSq) 2-1002 LEGAL DESCRITPION OF SUBJECT PROPERTY: \Gt_k G t-b(-- 21A LCI-° illy+ L Ram -,$g- V 'LAP wit C�ivCT 22 �ip,A(P 520-360 'Z4 2%L GENERAL LOCATION: 15' CMA 2' ' ,cjh A C!GC�r e�c� �� 0a+^�.i CURRENT ZONING:-----NATURE OF PETITION: (`- (IV ri THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE NEXT PAGE.) 3.a. ✓ 3.b. 3.c. 3.d. 3.e.1) t/ 3.e.2) 3.e.3) Comments: 3.e.4) ✓ 3.e.5) 91,000 3.e.6) W100, wrvy IN .+ • DATE REVIEWED by Board of County Commissioners: Approved: ❑ Disapproved: ❑ Conditions of Approval: 3.e.7) 3.e.8) 3.e.9) '-*'Oe SIGNATURE OF COUNTY ADMINISTRATOR t"fUU J1 GU[J'Y 1"'.•J1 DULLILI\ L.0 1 ttl\ ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all it s6 Ai 2 will apply to ro eve •ect. Items in bold typkare required. I. Legal description of subject property or properties (copy of lengthy description may be attached) ! aT-�• _J — � e� r��1 �c Sc..� bd • gl K (,L, 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) J� re '3 0 10 2, 4 S. 6. Location map, showing exact location of project/site in relation to nearest public road right - of -way (attach) Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) Proposed project name (if applicable) 7. Proposed Street names ifapplicable) r 8. Site Development Plan Number (FOR EXISTING PROJECTS /SITES ONLY) SDP 9. Petition Type — (Complete a separate Addressing Checklist for each Petition Type) 0 SDP (Site Development Plan) ❑ PPL (Plans & Plat Review) ❑ SDPA (SDP Amendment) [] PSP (Preliminary Subdivision Plat) ❑ SDPI (SDP Insubstantial Change) ❑ FP (Final Plat) ❑ SLP (Site Improvement Plan) ❑ LL.A (Lot Line Adjustment) ❑ SIPA (SIP Amendment) ❑ BL (Blasting Permit) ❑ SNR (Street Name Change) ❑ ROW (Right -of -Way Permit) ❑ Vegetation/Exotic (Veg. Removal Permits} Q EXP (Excavation Permit) Q Land Use Petition (Variance, Conditional Use,7 VRSFP (Veg, Removal & Site Fill Permit) Boat Dock Ext., Rezone, PUD rezone, etc.) (� Other - Describe; 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One:4 M Checklist i to be F ed Back ❑ Personally Picked Up 12, Applicant Name L, �snnt ' Phon13. Signature on Addressing Checklstitute Project and/or Street Name approval7- and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number 315 Address Number Address Number Address Number _ Approved by _Ia�� a,,,, Date 1 TOTAL P.08 Property Information Report CDPR1002 - Property Information Report SHORT LEGAL NEWMARKET SUBD BLK 24 COM SW CNR BLK 24,N 762.44FT ALG E R/W CR TO PT ON ELY R/W OF GLADES ST, CONT ALG E R/W N OWNER NAME COLLIER CNTY OWNER ADDRESS 3301 TAMIAMI TRL E NAPLES, FLC0580 341123969 FULL LEGAL DESCRIPTION NEWMARKET SUBD BLK 24 COM SW CNR BLK 24,N 762.44FT ALG E R/W CR TO PT ON ELY R/W OF GLADES ST, CONT ALG E R/W N W 434.28FT TO POB XTRA LGL CNT 10 PREVIOUS OWNER Collier County Printed on 10/29/2004 7:38:29AM CD -Plus for Windows 95/98/NT Page 1 of 1 505 Escambia Street FOLIO NBR PARENT PARCEL Immokalee Sports Complex 0000063857680102 0000000000000000 BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP 24 2 29 46 33 520300 24 21E3 USE CODE CLASS CODE MILL AREA TOTAL ACSC HDR REF FLAG 86 0 5 14.00 SHORT LEGAL NEWMARKET SUBD BLK 24 COM SW CNR BLK 24,N 762.44FT ALG E R/W CR TO PT ON ELY R/W OF GLADES ST, CONT ALG E R/W N OWNER NAME COLLIER CNTY OWNER ADDRESS 3301 TAMIAMI TRL E NAPLES, FLC0580 341123969 FULL LEGAL DESCRIPTION NEWMARKET SUBD BLK 24 COM SW CNR BLK 24,N 762.44FT ALG E R/W CR TO PT ON ELY R/W OF GLADES ST, CONT ALG E R/W N W 434.28FT TO POB XTRA LGL CNT 10 PREVIOUS OWNER Collier County Printed on 10/29/2004 7:38:29AM CD -Plus for Windows 95/98/NT Page 1 of 1 HUU- 51- �101�4 14 Sb LULL 1 tK W KKK 16A2 InIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS / I , Name of Event: UfL2t�Jw��z .h . Name of Booth: T t 15rn( (.� 15,rLtlldl_t 4W J# Person in Charge of Booth: 5kAAS � CT Types of Food or Beverage to be Served: 0 Florida Administrative Code, Chapter IOD -13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. .n_IAft _ I 1 - •. _ Location of advanced food How will food be transported to event location? C-QaLdt I,¢ rs Method of keeping food hot and/or cold at event site: Method of cooking food at the location: ' U^49- Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type of structure: 1s (bitnal, it.) SeW c o )cam Adequate facilities and supplies shall be provided for employee handwashin— g.LHow will you provide this? ` ' ►'a��' i/i%w (AlrMi✓/ For Information and Assistance contact: Environmental health & Engineering Department - (941) 403 -2499 HUU- 51-�bYJ4 14 3b LULL 1 tK W t KK r.e� Failure to comply with applicable food service requirements in accordance with 16A. Chapter 10D -13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YES V1 NO ❑ I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 1OD -13. Date: Signature of Applicant CARNIVAL PETMON APPLICATION! INDIVIDUAL BOOTH NOTIFICATION FORM FOR TPMPORARY EYESTS r.nb HUU- .�l-Gb'U�I 14 • .fib LULL 1 CK W rKK l 16 A2, Name of Address Date(s) o Sponsor Address SPONSOR NOTIFICATION FORM FOR TENTORARY EVENTS Person in Charge of Food Service: NkJOA M21 (9 'Z� Phone: OD a- 62 `` Number of Food and Beverage Booths: 13 i Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: Male (tai) Female (SO) Permanent: Male (5) Female ($ ) Method of toilet waste disposal: -LCD ��iW1�/lti% Describe method of liquid kitchen waste disposal: Uhsl •- 6UMW 1 Describe containers and method of solid waste disposal (garbage): Number of solid waste disposal containers provided: C2 Describe facilities and method of handwashing: JIUEom , (Anbc Describe facilities and method of utensil washing, rinsing and sanitizing: Source of potable water: Vf] Zb TG _ For Information and Assistance, contact: Environmental Health & Engineering Department - (941) 403 -2499 HUIa- 51 -dblJ4 14 3'( LULL 1 tK LU h'KK i H.07 As the sponsor of this event you are responsible to notify all food vendors of t16A2 temporary food service requirements. Failure to comply may subject the booths to b closed for public health reasons. Do you understand this completely? YES Xr NQ ❑ I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 1OD -13. Date; Qe/ Signature of Sp nsor's AfY CARNIVAL PETITION APPLICATION( SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS SEP.23'2004 10:14 2396579489 Immokalee Fire Dept #3630 P.002/002 15A2' F IMMOKALEE FIRE CONTROL DISTRICT t � R 362 E. NEW MA): MT ROAD, IMMOKALx r, MORMA 34142 e u E A September 23, 211114 Sandra Ramos Immokalee Parks and Recreation 321 N, 1st St, Immokalcc, Ft. 34142 DeiT Sandra Ramos. The Immokaice Fire Control Dist. will provide fire protection and uupeetionc for the carnival you are planning for Dcxeinber I t "', 2(x)4, Please provide the date tud time that ttte state ride inspector is sCbcduled far. When planning the layout, picric keep in mind that the fire Imcks need amc%. Provide at least a 24' fire lane around the midway. Fire extinguishers wiU be needed per NFPA 10. Fire extinguishers shM be inspmtod and tagged as required. If you should have any questions. feel free to cal_ me at 657 -2700. G 1i. Shawn M Manson Fire Inspecl.nr 61iNFRALOFFICE ( 941)657.2111 tlttl;l'MVENTION (941) 657 -2780 FAX (941) 657 -9489 �hcnfff Pun Punter 16A2 Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774 -4434 September 15, 2004 Ms. Sandra Ramos Collier County Parks and Recreation 505 Escambia Street Immokalee, Florida 34142 Dear Ms. Ramos, This letter is to confirm that I have had an opportunity to review the proposed plan for the upcoming Christmas Around the World celebration scheduled for December 11, 2004. In review of the plan, I anticipate no major law enforcement problems, however, I am providing extra patrols to assist with the flow of traffic and participants. If any problems should arise, we will resolve them at that time. If any additional information is needed, please advise. &ly, of County Sheriff's Office Immokalee Substation Commander MLD /vr Gate 16 A ate ORIGINAL DOCUMENTS CHECKLIST &. ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA 14 A on (Print on pink paper. Atlach to orioin<,l docinu nt. docrr ,'-'Ins s1muld oc hand dcliNcrc;l to the Board Offiicc. The completed routing slip and oripilml docufflcfll arc in I)o lbnv�ird ,d to the Boiird Office, onh aster the 13o:ird lies taken action oil file item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the rharlrlict and forward to Sue, Filson (line 45). Route to Addressee(s) List in routin order Office Initials Date Contact appropriate. (Initial) Applicable) 2. b- C Agenda Item Number 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. 5°`� °'' Number of Original 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached o� PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the awau. Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not Contact appropriate. (Initial) Applicable) Agenda Date Item was b- C Agenda Item Number Approved b the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document 5°`� °'' Number of Original Attached `s�°"' ® Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is NRlicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.L Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3516682 OR: 3681 PG: 4081 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/01/2004 at 03:34PH DWIGHT B. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 16A8 EXT 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2003 -405 against: BONNIE FENTON (FORMER OWNER) 239 OSPREY LANDING UNIT 206 NAPLES, FL 34104 -6638 The lien was recorded on December 12, 2003, Official Record Book 3462 Page(s) 1649 and 1650, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 1 Block 256 Golden Gate Unit 7 according to the plat thereof, recorded in Plat Book 5 pages 135 -146 of the Public Records of Collier County, Florida. Cost: $255.00 Reference: 2331 Folio: 36449960005 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment received from Richard L. Anderson, the current property owner, as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this . W. day of 4`6,1t // - ,6 ✓__ i < = - -. , 2004. ATTEST DWIGHT E. BROCK, Clerk 4100— Att <^ .b° '1:r, w +.� itOlaftl � zputy Clerk signature .ova i j . Approved as=to form and legal sufficiency Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNT , FLORIDA By: "�L JZ7 DONN FIALA, CHAIRMAN This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3516683 OR: 3687 PG: 4082 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/01/2004 at 03:34PH DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD 16A8 INTEROFFICE 4TH FLOOR EXT 1240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No99- 95against: VARNVILLE CORP Y. BRAUNSCHWEIG BETHUST 48 LAUSANNE, SWITZERLAND 1012 The lien was recorded on March 16, 1999, Official Record Book 2523 Page(s) 3419, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 19 Blk 787 of Marco Beach Unit 25, accoding to Plat Book 12 Pages 86 -89 of the Public Records of Collier County, Florida Cost: $245.00 Reference: 80713 -034 Folio: 59023960000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this 30 day of NO✓46/h4?E*V.r. , 2004. ATTEST DWIGHT E. BROCK, Clerk Att t ; 6's!i' s signaiur' Approved asio form and legal sufficiency ThomdPs -C' Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DON FIALA, Chairman This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3516684 OR; 3687 PG; 4083 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/01/2004 at 03:34PR DWIGHT B. BROCK, CLERK RBC FBI 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH B %T 1240 SATISFACTION OF LIEN FLOOR 16A8 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No 96 325 against: VARNVILLE CORP Y. BRAUNSCHWEIG BETHUST 48 LAUSANNE, SWITZERLAND 1012 The lien was recorded on August 23, 1996, Official Record Book 2220 Page(s) 1877 and 1878, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 19 Blk 787 of Marco Beach Unit 25, accoding to Plat Book 12 Pages 86 -89 of the Public Records of Collier County, Florida Cost: $245.00 Reference: 60308 -135 Folio: 59023960000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this -30 day of Al VVO Md—OX— , 2004. ATTEST DWIGHT E. BROCK, Clerk "Deputy Clerk Attest as to Na f n - s �� S f�c�d: "as'tblor an' legal sufficiency l 1 Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COLIN Y, FLORIDA By: DONN FIALA, Chairman This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3516685 OR; 3687 PG; 4084 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/01/2004 at 03:34PK DWIGHT B. BROCK, CLERK REC FEB 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 1240 16A8 g SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 98 -326 against: VARNVILLE CORP Y. BRAUNSCHWEIG BETHUST 48 LAUSANNE, SWITZERLAND 1012 The lien was recorded on October 2, 1998, Official Record Book 2446 Page(s) 2984 and 2985, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 19 Blk 787 of Marco Beach Unit 25, accoding to Plat Book 12 Pages 86 -89 of the Public Records of Collier County, Florida Cost: $245.00 Reference: 70627 -015 Folio: 59023960000 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this -90 day of , 2004. ATTEST DWIGHT E.,BROCK, Clerk Att%st �t�h aT►' s signatyyre only. Appro -ced as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B dm's .z'4z DONN FIALA, Chairman This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3516686 OR: 3687 PG: 4085 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/01/2004 at 03:34PN DWIGHT B. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 16A8 B %T 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2003 -408 against: HERMAN & ILSE SCHUMACHER BECKSTRASSEE 53 D64287 DARMSSTADT, GERMANY The lien was recorded on December 12, 2003, Official Record Book 3462 Page(s) 1655 and 1656, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: INSERT LEGAL DESCRIPTION HERE Cost: $255.00 Reference: 2357 Folio: 36430400008 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this 9O day of A10 1,49M,6-410— , 2004. ATTEST DWIGHT E. BROCK, Clerk A9 iivd� At st a��bu��'s Sl��p Only and legal sufficiency Thomas C. PalrrTer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J't4z- DONNA FIALA, Chairman This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3516687 OR: 3687 PG; 4086 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 12/01/2004 at 03:34PM DWIGHT B. BROCK, CLERK ABC FEE 10.00 COPIES 1.00 SATISFACTION OF LIEN Retn: CLERK TO THE BOARD IHTBROPPICB 4TH FLOOR 16A8 BXT 1240 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2004 -124 against: Baton Rouge LLC 4730 Golden Gate Parkway Suite A Naples, FL 34116 The lien was recorded on May 20, 2004, Official Record Book 3568 Page(s) 3559 and 3560, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Sixty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 25 Block 219, GOLDEN GATE UNIT 6, subject of the plat recorded in Plat Book 5, Page 124 through 134, inclusive, Public Records of Collier County, Florida. Cost: $265.00 Reference: 2465 Folio: 36319840006 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the,lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this 3a day of A10 V P- *,OAdA? .. , 2004. ATTEST DWIGHT E. BROCK, Clerk • , xtast: A to Cha f, $J y CI rk signat4re o :ti . Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: D-rrr� DO NA FIALA, Chairman This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3516688 OR; 3687 PG; 4087 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/01/2004 at 03:34PM DWIGHT B. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EKT 7240 SATISFACTION OF LIEN 1A . A 8'11 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2003 -03 against: Murray Batson 1480 Jung Blvd. East Naples, FL 34120 The lien was recorded on February 5, 2003, Official Record Book 3212 Page(s) 2413, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 9, COL - LEE -CO GARNDENS, per plat recorded in Plat Book 1, page 30, Public Records of Collier County, Florida. Cost: $255.00 Reference: 2190 Folio: 26830240001 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this ..30 day of AID 2004. ATTEST DWIGHT E. BROCK, .Clerk des as to Cfia i�rlAW Jerk stgaatiwt,.oaly Approved astdaiRrm and legal sufficiency 0✓l„ Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DON A FIALA, Chairman This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3516689 OR; 3687 PG; 4088 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/01/2004 at 03:34PH DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 SATISFACTION OF LIEN Retn: CLERK TO THE BOARD BN��ER04FOICE 4TH FLOOR 16A8 KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien by Resolution No. 2001 -333 against: Arnay Kaufman 217055 th Street SW Naples, FL 34116-5516 The lien was recorded on October 3, 2001, Official Record Book 2901 Page(s) 1783 and 1784, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Seven Hundred Dollars, plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 8, Block 214, GOLDEN GATE, UNIT 6 PART 1, according to the plat thereof recorded in Plat Book 9, Pages 1 through 7, inclusive, of the Public Records of Collier County, Florida. Cost: $700.00 Reference: 1780 Folio: 36379600008 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby cancels said lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board on this 130 day of Na 2004. ATTEST DWIGHT E. BROCK, Clerk Atgs t 4`to 1 ,a � �e�ut Clerk signatare- only. Approved agg lo.=f�rm end legal sufficiency Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Y• DONNA FIALA, Chairman This instrument prepared by: Leonardo Bonanno, Operations Coordinator Code Enforcement Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 403 -2440 * ** 3516690 OR; 3687 PG; 4089 **' RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/01/2004 at 03:34PN DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFPICE 4TH FLOOR EXT 7244 16A8 SATISFACTION OF LIENS KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of certain liens by Resolution Nos. 2004 -135, 2004 -136, 2004 -137, 2004 -138, 2004 -139, 2004 -140, 2004 -141, and 2004 -142 against: Horse Creek Partners, Ltd., Alan Schiffman (Registered Agent) These liens were recorded on May 20, 2004, OR Book 3568 Page(s) 3616 through 3631, in the Official Records of Collier County, Florida. These liens secure the principal cumulative total sum of Two Thousand and Forty Dollars ($2,040), plus accrued interest, and penalties (if any) and impose obligation upon these parcels of real property situate in Collier County. the liened parcels are described as follows: The mailing address of these parcels are: 272, 236, 259, 266, 248, 242, 260, and 280, all at "Old Tamiami Trail' - Naples, Florida Amt. Of each Lien: $255.00 - Reference: 2432 -2439 Folios: 0065274960005 0065274840002 0065274920003 0065274800000 0065274760001 0065275000003 0065274880004 This document cancels all of the above - listed liens. The Clerk of the Circuit Court is directed to record this Satisfaction of Liens in the Official Records of Collier County, Florida (to record that these liens cease to exist). Dated: /A -1- O Y ATTEST DWIGH,T,E.A _CSC; Clerk At es�t a S i Appro ;asyt040. x a and legal sufficiency . �1 OtAA- Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FLORIDA DON HA FIALA, Chairman Date: December 02, 2004 To: Debbie Armstrong, Property Acquisition Specialist Transportation/ Right -of -Way From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Declaration of Right -Of -Way Enclosed please find one (1) copy of the document as referenced above, (Agenda Item #16B1), approved by the Board of County Commissioners on November 30, 2004. If you should have any questions, please contact me at extension 8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL11 6 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist_ and forward F;1— nc„a uc, Route to Addressee(s) (List in routing order) Office Initials Date 2. a 1-3 - S-,? c� '1 Agenda Date Item was Approved by the BCC 2. Agenda Item Number 1 Cr L31 Type of Document 3. Number of Original 4. Attached 4. Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners MIA PRIMARY CONTACT INFORMATION `(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact 3+ E %�t2hSTild 1J V Phone Number N/A (Not Ap licable) 2. a 1-3 - S-,? c� '1 Agenda Date Item was Approved by the BCC t l- 3 °- oy Agenda Item Number 1 Cr L31 Type of Document "Dt t:c W QRT, o N -F c2 t, wr -o� - w a� ( Number of Original 4. Attached (ZoAO 5+ E A + rL, Documents Attached T1UC1TDTTf ,r1rf1ATQ D_ /"+*7TT/iv7 v .r.r., 1. Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) Yes (Initial) �A ' N/A (Not Ap licable) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N 1A 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si gnature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! MIA I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 PROJECT: Santa Barbara Blvd. #62081 PARCEL: 103 Prepared by! Ellen T. Chadwell, Esquire Office of the County AttAW"Y 3301 East Tamiawi Trail Naples, Florida 34112 ( 941) 714 -9400 2.60:1 3563277 OR; 3738 PG; 3667 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/22/2005 at 03:39PK DWIGHT E. BROCK, CLERK RIC FBI 18.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 7240 DECLARATION OF RIGHT -OF -WAY FOR ROAD, SIDEWALK, DRAINAGE AND UTILITY FACILITIES THIS DECLARATION is made this 36 - day of �6 i�e2 , 2004, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Declarant." Declarant is the owner of certain real property situated in Collier County, Florida, more fully described below, hereinafter referred to as the "Property." See Exhibit "A" which is attached hereto and made a part of this Declaration. Declarant hereby declares that the Property is and shall be used and occupied for the purpose of constructing and maintaining roadway, sidewalk, drainage and utility facilities as Project Parcel No. 103, described in Exhibit "A ", attached hereto and made a part hereof. This Declaration may be amended or terminated by an affirmative vote of the Board of County Commissioners. .a ,`, A ; EST: DWIGHT, E::BROCK, Clerk Deputy derk � :iiN :'!`►ice .y ,yw, Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: / _ _ DONNA VIALA, Chairman i' ' 0 0 O c O COUNTRYSIDE AT BERKSHIRE LAKES SECTION 4 PLAT BOOK 18 PAGES 1- 4 GOLF COURSE TRACT 15 WEST 114 CORNER OF THE S. W. 114 EXISTING 100' OF SECTION 4 / R. 0. W. O ` T a � o O OO n b I �1 0.00' O U WEST LINE OF SECTION 4 SANTA BARBARA BOULEVARD °. EXISTING R. 0. W. 104.37' Public Right —of —Way 15,912 SQUARE FEET O.R. BOOK 2814, PAGE 848 502.67' 1 0 25 50 loo 200 GRAPHIC SCALE LEGAL DESCRIPTION BEING THE EAST 40' OF THE WEST 100 FEET OF THE SOUTH 397.76' FEET OF THE S W. 114 CORNER OF THE N. W. 114 OF THE S. W. 114 OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 15,912 SQUARE FEET OR 0.365 ACRES MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. REVISED 06 -01 -04 * ** OR; 3738 PG; 3668 * ** EXHIBIT. L Page —L- of_! * ** NOT A SURVEY * ** PREPARED BY- WILSONMI/._LER, INC. LEGEND: r �r x PROPOSED R. 0. W. ANDREW 8. BECK, PROFESSIONAL SURVEYOR & MAPPER ROW. = RIGHT OF WAY FLORIDA REGISTRATION LS 16065 O.R. = OFFICIAL RECORDS BOOK NOT VALID UNLESS SIGNED BY THE SURVEYOR AND KAMWW AW #ASO ON Ngny SEALED WITH THE SURVEYORS EMBOSSED SEAL. Ar�xx0 �1: (wx4 rasa -ra�o A0AJ511�'Nl SIA7f PL.IAC COipPAM4t7( CERFIFICATE OF AUTHORIZATION / LB -4.i SW&W I°"DI FIX RuWA IASF JW. R£V1SED 0610712004 PROJECT NO.: 62081 - PARCEL NO.: 103 WMiller A*Nw v ' SUhm' • Ec°161 1 ' &ry#Y ►y • L kfjc"AnahNeb • TianAoavSJ/an owma * dwoe�Gna aiYlAP • N1aN1l BNRf t +ua& • rifs*" • w*fh ahm Jun 07. 2004 — 10:56:40 MLAMURFIw - \SUR An1313\CU..— n. COLLIER COUNTY TRANSPORTATION, ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION TITLE: SKETCH AND DESCRIPTION BEING PART OF O.R. BOOK 2628, PAGE 3434, SECTION 4. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA DATE: PROJECT NO.: SHEET NUMBER: FILE NO.: 04/2002 N6022- 002 - 010 -TDHWP 10.i of XXX 2GG -203 ___ _ •___.......... ��yy..,.,. ....y 16S-3 %"W. MEMORANDUM Date: December 02, 2004 To: Lisa Hendrickson Transportation From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Subcontracted Transportation Agreement Enclosed please find one (1) original, along with three (3) sets of three (3) original signature pages, of the document referenced above (Agenda Item #16133), as approved by the Board of County Commissioners on November 30, 2004. Please forward to the appropriate parties and return a fully executed original to the Minutes and Records Department. If you should have any questions, please call me at 774 -8411. Thank you. Enclosures 6B3 �` ORIGINAL DOCUMENTS CHECKLIST & ROUTINGS P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates. and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through 94, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routine order) Office Initials Date 1. j Agenda Item Number b Applicable) Approved b the BCC 11 J o / ; J? 2. «'' >I )c; �c. ior� !ate c� e�2 Number of Original Documents Attached t by the Office of the County Attorney. This includes signature pages from ordinances, 3. resolutions, etc. signed by the County Attorney's Office and signature pages from 4& contracts, agreements, etc. that have been fully executed by all parties except the BCC `� 4. Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the priman contact is the person who created /preparcd the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact ^— -� ' �N��d C � Ck SC "'L Phone Number I-) I __� _ - � �, Agenda Date Item was j Agenda Item Number b Applicable) Approved b the BCC 11 J o / ; J? Type of Document Attached «'' >I )c; �c. ior� !ate c� e�2 Number of Original Documents Attached t T«c r�, INSTRUCTIONS & C 14VC'K1 JqT I: Forms/ County Forms./ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not avvrovriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from 4& contracts, agreements, etc. that have been fully executed by all parties except the BCC `� Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. { 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of $CC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of vour deadlines! I: Forms/ County Forms./ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 7M FLORIDA COMMISSION FOR THE Transportation Disadvantaged Jeb Bush Governor Peter Gianino Chairperson Tony Tizzio Vice Chairperson Lisa M. Bacot Executive Director •i MEMORANDUM TO: Selected Subcontracted Transportation Providers (STPs) FROM Byron R. Underwood CTD Medicaid NET Program Specialist DATE: December 1, 2004 SUBJ: CTD Medicaid Non - Emergency Transportation (NET) Agreement Enclosed is your copy of the fully executed contract agreement for the above referenced program. This letter is your authorization to proceed and incur program costs effective December 1, 2004 through November 30, 2005. Initial requests for bi- monthly payments are being processed at this time. Should you require this payment mechanism, please forward your written request to me for processing. If we require further justification on a particular request, we will contact the affected STP directly to resolve the matter. All materials pertaining to the operation of the program can be accessed through the CTD web site at www.dot.state.fl.us /ctd /. Additionally, a Quick Reference Guide of Frequently Asked Questions (FAQs), containing information on the program, has been posted to our web site. The FAQ guide has been organized by following the same outline utilized in the program's Policy and Procedures Manual. In this way, the FAQ guide will serve as a Quick Reference Guide to the program manual, where additional information may be found on a particular subject. Please review the FAQ guide with your staff periodically so that they can receive updates on new issues and policies affecting the delivery of services under this program. To facilitate beneficiary response, please ensure that your Beneficiary Notification Letter and Beneficiary Intake Form include your agency's name, address and telephone number in a prominent location. These forms should be submitted to me for approval before mailing. Should you have any questions or concerns about the agreement or the program, please contact me or Ms. Jamie Caloway, Administrative Assistant, at (850) 410 -5715. Enclosure: Executed Agreement 605 Suwannee Street, MS -49 • Tallahassee, Florida 32399 -0450 (850) 410 -5700 • FAX (850) 410 -5752 • Toll Free (800) 983 -2435 www.dot.stateJl.us/ctd H STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED MEDICAID NON - EMERGENCY TRANSPORTATION (NET) PROGRAM SUBCONTRACTED TRANSPORTATION PROVIDER AGREEMENT Agreement No. BDA80 Financial Project I.D.: 41604318201 F.E.I.D. No.: 596- 000 - 558 -004 BY THIS AGREEMENT, made and entered into this 1st day of January, 2005, by and between the Commission for the Transportation Disadvantaged, hereinafter called "Commission" and Collier County Board of County Commissioners 2685 South Horseshoe Drive Suite 211 Naples, FL 34104 hereinafter called "Subcontracted Transportation Provider" for Collier county(s) of the State of Florida. SERVICES AND PERFORMANCE A. In connection with the delivery of Medicaid Non - Emergency Transportation Services, the Commission does hereby retain the Subcontracted Transportation Provider to furnish certain services, information, and items as described in Exhibits A and B and Attachments, attached hereto and made a part hereof. B. All plans, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, shall become the property of the Commission upon completion or termination without restriction or limitation on their use and shall be made available, upon request, to the Commission at any time during the performance and upon completion or termination of this Agreement. Upon delivery to the Commission of said document(s), the Commission shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Subcontracted Transportation Provider shall not copyright any material and products or patent any invention developed under this Agreement. The Commission shall have the right to visit the site for inspection of the work and the products of the Subcontracted Transportation Provider at any time. C. The Subcontracted Transportation Provider agrees to provide reports in a format acceptable to the Commission and at intervals established by the Commission. The Commission shall be entitled at all times to be advised, at its request, as to the status of work being done by the Subcontracted Transportation Provider and of the details thereof. Coordination shall be maintained by the Subcontracted Transportation Provider with representatives of the Commission, or of other agencies interested in the project on behalf of the Commission. Either party to the Agreement may request and be granted a conference. D. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non - binding mediation prior to filing a lawsuit. The parties shall agree on a mediator as agreed upon by both parties. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed case. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 1 of 53 E. In the event the subcontracted transportation provider is not the community transportation coordinator, in accordance with Chapter 427, Florida Statutes, in the designated service area covered by this agreement, the subcontracted transportation provider must sign a coordination contract with the community transportation coordinator in the designated service area. 2. TERM A. INITIAL TERM. This Agreement shall begin on January 1, 2005 and shall remain in full force and effect through completion of all services required on December 31, 2005. B. RENEWALS: This Agreement may be renewed for a period that may not exceed three (3) years or the term of the original Agreement, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Commission and subject to the availability of funds. Any renewal or extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. C. EXTENSIONS. In the event that circumstances arise which make performance by the Subcontracted Transportation Provider impracticable or impossible within the time allowed or which prevent a new Agreement from being executed, the Commission, in its discretion, may grant an extension of this Agreement. Extension of this Agreement shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Agreement; provided the Commission may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There shall be only one extension of this Agreement unless the failure to meet the criteria set forth in this Agreement for completion of this Agreement is due to events beyond the control of the Subcontracted Transportation Provider. COMPENSATION AND PAYMENT A. Payment shall not be made until funds from Agency for Health Care Administration have been received and deposited by the Commission. Payment shall be made only after receipt and approval of goods and services. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post- audit. B. This Agreement involves units of deliverables and they must be received and accepted in writing by the Commission's Contract Manager prior to payments. C. The Commission has five (5) working days to inspect and approve the deliverables, unless otherwise specified herein. The Commission has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. D. If a payment is not available within 40 days, pursuant to Section 215.422(3)(b), F.S., a separate interest penalty as established pursuant to Section 55.03, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the Subcontracted Transportation Provider. Invoices which have to be returned to a Subcontracted Transportation Provider because of Subcontracted Transportation Provider preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until payment for Agency for Health Care Administration has been received by the Commission and until a properly completed invoice is provided to the Commission. E. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 2 OF 53 •r may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 410 -9724 or by calling 1 -800- 848 -3792. F. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Commission at all times during the period of this Agreement and for five (5) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Commission upon request. Records of costs incurred shall include the Subcontracted Transportation Provider's general accounting records and the project records, together with supporting documents and records, of the Subcontracted Transportation Provider and all subcontractors performing work, as provided in Exhibit A, Scope of Work and all other records of the Subcontracted Transportation Provider and subcontractors considered necessary by the Commission for a proper audit of project costs. G. The Commission, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Commission shall require a statement from the Comptroller of the Department of Transportation that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in .succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 4. INDEMNITY PAYMENT FOR CLAIMS AND INSURANCE A. INDEMNITY: To the extent allowed by Section 768.28, Florida Statutes, and without waiving any defense of sovereign immunity or increasing limits of liability as set out in that statute, the Subcontracted Transportation Provider shall indemnify and hold harmless the Commission, the Department of Transportation and the Agency for Health Care Administration, their officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent that such liabilities, damages, losses and costs are a result of the negligence, recklessness, or intentional wrongful misconduct of the Subcontracted Transportation Provider and persons employed by or utilized by the Subcontracted Transportation Provider in the performance of this Agreement. B. PAYMENT FOR CLAIMS: The Subcontracted Transportation Provider guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Subcontracted Transportation Provider or any subcontractor, in connection with the Agreement. The Commission's final acceptance and payment does not release the Subcontracted Transportation Provider's responsibilities until all such claims are paid or released. C. LIABILITY INSURANCE: The Subcontracted Transportation Provider shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance in accordance with Rule Chapter 41- 2.006, Florida Administrative Code. If the Subcontracted Transportation Provider is a political subdivision of the State of Florida and is self- insured in accordance with the terms and provisions of Section 768.28, Florida Statutes regarding waiver of sovereign immunity in CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 3 OF 53 0 r� i � Moil 0113 tort actions, the Subcontracted Transportation Provider shall provide to the Commission a Certificate of Self- Insurance upon execution of this Agreement. D. WORKERS' COMPENSATION. The Subcontracted Transportation Provider shall carry and keep in force Workers' Compensation Insurance as required for the State of Florida under the Worker's Compensation Law during the term of this Agreement. E. CERTIFICATION. With respect to any insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Subcontracted Transportation Provider shall provide to the Commission certificates showing the required coverage to be in effect and showing the Commission to be an additional certificate holder. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to the Commission. COMPLIANCE WITH LAWS A. The Subcontracted Transportation Provider shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Subcontracted Transportation Provider in conjunction with this Agreement. Failure by the Subcontracted Transportation Provider to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Commission. B. The Subcontracted Transportation Provider shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the performance of work under this Agreement. C. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Vendor list. D. An entity or affiliate who has been placed on the discriminatory Vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. E. The Commission shall consider the employment by any Subcontracted Transportation Provider of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act. If the Subcontracted Transportation Provider knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 6. TERMINATION AND DEFAULT CTD MEDICAID NON- EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 4 of 53 � � J A. Either party may cancel this agreement with thirty (30) calendar days written notice, without cause. The Commission reserves the right to terminate or cancel this Agreement with thirty (30) calendar days written notice in the event an assignment is made for the benefit of creditors. B. If the Commission determines that the performance of the Subcontracted Transportation Provider is not satisfactory, the Commission shall have the option of (a) terminating the Agreement with at least thirty (30) calendar days written notice, or (b) notifying the Subcontracted Transportation Provider of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, as long as the time period is at least thirty (30) calendar days. C. If the Commission requires termination of the Agreement for reasons other than unsatisfactory performance of the Subcontracted Transportation Provider, the Commission shall notify the Subcontracted Transportation Provider of such termination with at least thirty (30) calendar days written notice, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the Subcontracted Transportation Provider shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Agreement price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress shall become the property of the Commission and shall be turned over promptly by the Subcontracted Transportation Provider. 7. ASSIGNMENT AND TRANSFER A. The Subcontracted Transportation Provider shall maintain an adequate and competent staff so as to enable Subcontracted Transportation Provider to timely perform under this Agreement and may associate with it such subcontractors, for the purpose of its services hereunder, without additional cost to the Commission, other than those costs within the limits and terms of this Agreement. The Subcontracted Transportation Provider is fully responsible for satisfactory completion of all subcontracted work. The Subcontracted Transportation Provider, however, shall not assign or transfer any work under this Agreement without the prior written consent of the Commission. 8. AGREEMENT AMOUNT AND PAYMENT A. For the satisfactory performance of the services and the submittal of Encounter Data as outlined in Exhibit A, Scope of Services, the Subcontracted Transportation Provider shall be paid up to a maximum amount of $514.259.00 . The Subcontracted Transportation Provider shall submit monthly invoices in a format acceptable to the Commission. The Subcontracted Transportation Provider will be paid, after the Commission has received payment from Agency for Health Care Administration, in equal payments per month, unless otherwise approved by the Commission's Executive Director. The Subcontracted Transportation Provider shall request payment through submission of a properly completed invoice to the Commission's Executive Director, in accordance with Exhibit B, Method of Compensation. B. The Subcontracted Transportation Provider must submit the final invoice for payment to the Commission no more than ninety (90) days after the Agreement ends or is terminated. If the Subcontracted Transportation Provider fails to do so, all right to payment is forfeited and the Commission will not honor any requests submitted after the CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 5 OF 53 16B3 aforesaid time period. Any payment due under the terms of this Agreement may be withheld until all reports due from the Subcontracted Transportation Provider and necessary adjustments thereto have been approved by the Commission. C. The State of Florida's (Commission's) performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and nothing herein shall be construed to violate the provisions of Section 339.135(6)(a), Florida Statutes, which provides the Commission, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation is null and void and no money may be paid on such contract. 9. MISCELLANEOUS A. The Subcontracted Transportation Provider and its employees, agents, representatives, or subcontractors are not employees of the Commission or the State of Florida as a result of this Agreement. The Commission and the State shall not be bound by any unauthorized acts or conduct of the Subcontracted Transportation Provider or its employees, agents, representatives, or subcontractors. Subcontracted Transportation Provider agrees to include this provision in all its subcontracts under this Agreement. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. D. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. In any legal action related to this Agreement, instituted by either party, the Subcontracted Transportation Provider hereby waives any and all privileges and rights it may have under Chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule, or case law relative to venue, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in any county chosen by the Commission and in the event that any such legal action is filed by Subcontracted Transportation Provider, Subcontracted Transportation Provider hereby consents to the transfer of venue to the county chosen by the Commission upon the Commission filing a motion requesting the same. G. Time is of the essence as to each and every obligation under this Agreement H. The following Exhibits and Attachments are incorporated and made a part of this Agreement: CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 6 OF 53 Exhibit A Scope of Services Exhibit B Method of Compensation Attachment 1 Certification Regarding Health Insurance Portability and Accountability Act of 1996 (HIPPA) Compliance Attachment 2 Drug -Free Workplace Certification Attachment 3 Financial and Compliance Audit Attachment 4 Glossary IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above. Collier County Board of County Commissioners Subcontracte Transportation Provider ZD477 �� a Name Title sufficiency ttorney ATTEST: DWIGl Ea; RACK, CLEf tputy Clerk Attest as t "ht'irwan's signature m y Florida Commission for the Transportation Disadvantaged Name CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 7 OF 53 Title AGREEMENT #:MeEo EXHIBIT A SCOPE OF SERVICES A. SERVICES TO BE PROVIDED GENERAL The Florida Commission for the Transportation Disadvantaged (Commission) enters into this Agreement with the Subcontracted Transportation Provider to give the Subcontracted Transportation Provider responsibility for the administration and provision of non - emergency transportation (NET) services to eligible Medicaid beneficiaries. The Subcontracted Transportation Provider shall comply with all the provisions of this Agreement and its amendments, if any, and shall act in good faith in the performance of the Agreement provisions. The Subcontracted Transportation Provider agrees to comply with all applicable federal and state laws and regulations as specified in the Applicable Laws and Regulations Section. The Subcontracted Transportation Provider must ensure that all transportation operators under agreement or contract abide by the provisions of this Agreement, and meet all state and local licensing and insurance requirements. The Agreement may be subject to changes in federal and state law, rules or regulations. The Subcontracted Transportation Provider agrees that failure to comply with the provisions of this Agreement may result in sanctions and/or termination of the Agreement in whole or in part. The Subcontracted Transportation Provider must offer, maintain, and satisfactorily deliver the following services: a. Recruiting and Negotiating with Transportation Operators. Establish a network of non - emergency transportation operators to deliver transportation and negotiate individual transportation rates with each transportation provider. b. Pavment Administration. Provide payment to each transportation provider based on authorized services rendered, in accordance with section 215.422, Florida Statutes. c. Gatekeeping. Determine beneficiary eligibility; assess beneficiary need for NET services; determine the most appropriate transportation method to meet the beneficiary's need, including any special transport requirements for beneficiaries who are medically fragile or who have physical or mental impairments; and provide education to beneficiaries on the use of NET services. d. Reservations and Trip Assignments. Assure that scheduling and dispatching are consistent with the most appropriate mode of transport that meets the needs of the beneficiary. e. Quality Assurance. Provide assurance that transportation operators meet health and safety standards for vehicle maintenance, operation, and inspection; driver qualifications and training; beneficiary problem /complaint resolution; and the delivery of courteous, safe, and timely transportation services. f. Encounter Data Collection. The Subcontracted Transportation Provider must maintain an extensive secure database capable of collecting and holding, for each transport, the data elements outlined in this Agreement. CTD MEDICAID NON- EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 8 OF 53 •i g. Administrative Oversight/Reporting. Responsibility for the management of overall day -to -day operations necessary for the delivery of NET services and the maintenance of appropriate records and systems of accountability to report to the Commission and respond to the terms of the Agreement. 2. MINIMUM STANDARDS At a minimum, the Subcontracted Transportation Provider must: a. Validate that all paid transportation services are properly authorized and actually rendered; b. Transmit to the Commission encounter data for all trips made by Medicaid beneficiaries in accordance with Commission specifications in the Reports Section; c. Adhere to the policy and procedure manual developed by the Commission to prohibit fraudulent activity by the Subcontracted Transportation Providers and Medicaid beneficiaries and fulfill the Commission's reporting requirements regarding such activity; d. Adhere to the policy and procedure manual that provides policy clarity and guidance for the Commission, Subcontracted Transportation Provider, transportation operators, Medicaid beneficiaries, and the general public specific to the details contained in this Agreement; e. Subject to the provisions of Section 768.28, F.S., indemnify the Commission against any causes of actions or claims of payment relating to this Agreement brought by a Subcontracted Transportation Provider, or Medicaid beneficiary; f. Utilize a uniform contracting, billing and accounting system established by the Commission to include subcontracts with transportation operators and monitor their compliance; and g. Establish service agreements with transportation operators, as necessary, and monitor their compliance with the Monitoring Plan Section, and all other applicable sections of this Agreement. 3. ADMINISTRATION AND MANAGEMENT The Subcontracted Transportation Provider shall be responsible for the administration and management of all aspects of this Agreement. Any delegation of activities does not relieve the Subcontracted Transportation Provider of this responsibility. This includes all subcontracts, employees, agents and anyone acting for or on behalf of the Subcontracted Transportation Provider. 4. DATA MANAGEMENT The Subcontracted Transportation Provider must maintain a management information system (extensive database) for storage of transportation utilization, encounter, complaint/grievance, and financial data. The Subcontracted Transportation Provider must possess the capability to derive detailed reports from such systems and be capable of retrieving data as requested by the Commission as specified the Reports Section. STAFF REQUIREMENTS The Subcontracted Transportation Provider must be prepared to implement all aspects of the work outlined in this Agreement within the stated time frames. Staffing levels must be sufficient to complete all of the responsibilities presented in the Agreement. 6. BENEFICIARY ELIGIBILITY 6.1 Eligible Beneficiaries CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 9 OF 53 •i The categories of eligible beneficiaries authorized to utilize transportation services as specified by this Agreement include: a. Low Income Families and Children; b. Foster Care Children; C. Sixth Omnibus Budget Reconciliation Act (SOBRA) Children and Pregnant Women; d. Supplemental Security Income (SSI) Related Medicaid Beneficiaries; e. Institutional Care Program (ICP) Residents - Beneficiaries who are eligible for transportation services for placement in a facility while their eligibility determination is being processed (e.g., nursing home residents, etc.); f. Title XXI MediKids - A Title XXI health insurance program that provides certain children, who are not Medicaid eligible, with Medicaid benefits; g. Medically Needy - A Medically Needy beneficiary is an individual who would qualify for Medicaid but has income or resources that exceed normal Medicaid guidelines. On a month -by -month basis, the individual's medical expenses are subtracted from income; if the remainder falls below Medicaid's income limits, the individual may qualify for Medicaid through the end of the month; h. Presumptively Eligible Pregnant Women - This program allows staff at County Health Departments, Regional Perinatal Intensive Care Centers, and other qualified medical facilities to make a presumptive determination of Medicaid eligibility for low- income pregnant women. This presumptive determination allows a woman to access prenatal care while Department of Children and Families eligibility staff make a regular determination of eligibility. Outpatient or office services related to the pregnancy are reimbursed by this program; transportation services are available to support these visits; and 6.2 Ineligible Beneficiaries The following categories describe beneficiaries who are not eligible to receive state plan transportation services: a. HMO beneficiaries - Beneficiaries who are members of a Medicaid HMO that provides transportation; b. Beneficiaries who have their own means of transportation; C. Q11 and Q12 beneficiaries are not eligible for any Medicaid service except for Medicaid payment of their Medicare premiums, deductibles and coinsurance; d. HMO QMB and QMBR beneficiaries are not eligible for any Medicaid service except for Medicaid payment of their Medicare premiums, deductibles and coinsurance; e. HMO SLMB beneficiaries are not eligible for any Medicaid service except for Medicaid payment of their Part B Medicare premium; f. HMO Beneficiaries with legal alien status have access to emergency services only and are not eligible for non - emergency transportation services; g. Vehicle ownership or access; h. Qualified (Medicare) Individuals Level 1 (Q11) and Level 2 (QI2); Qualified Medicare Beneficiaries (QMB) and Qualified Medicare Beneficiaries Renal Dialysis (QMBR); Special Low Income Medicare Beneficiaries (SLMB); and CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PACE 10 of 53 k. Legal Aliens 6.3 Beneficiary Enrollment and Education Once the Department of Children and Families or the Social Security Administration has confirmed that an individual is eligible for Medicaid, the individual upon enrollment shall be issued a Medicaid identification number. The date on which the individual becomes eligible for Medicaid is the beginning date of eligibility for transportation services for individuals that meet the specifications outlined in Eligible Beneficiaries Section. The beneficiary may arrange transportation services with the Subcontracted Transportation Provider upon enrollment. 6.4 Education Plan The Subcontracted Transportation Provider will assist in implementing the education and outreach plan for Medicaid beneficiaries, regarding NET services. Each provider will be required to provide current Medicaid beneficiaries with the following information within 30 days of execution of the service agreements: a. Contractor contact information by county b. Process to apply for Medicaid transportation c. Medicaid application d. Rights and responsibilities e. No show and cancel policy f. Complaint/grievance policy g. Denial of service process The Subcontracted Transportation Provider will provide notification to transportation eligible beneficiaries and make oral interpretation services available to beneficiaries, free of charge, in areas where twenty (20) percent or more of the population is non - English speaking. The beneficiary is not to be charged for interpretation services. The Subcontracted Transportation Provider shall notify beneficiaries that oral interpretation is available for any language and written information is available in prevalent languages, and how to access those services. Written material must be available in alternative formats and in an appropriate manner that takes into consideration the special needs of those who, for example, are visually limited or have limited reading proficiency. All transportation eligible beneficiaries must be informed that information is available in alternative formats and how to access those formats. All correspondence developed by the Subcontracted Transportation Provider, intended for Medicaid beneficiaries only and sent via mass mail out, must be submitted to the Commission prior to mailing. 7. COVERED SERVICES In accordance with federal regulations (42 CFR 431.53), NET services are defined as medically necessary transportation for any recipient and personal care attendant/escort, if required, who have no other means of transportation available to any Medicaid compensable service for the purpose of receiving treatment, medical evaluation, or therapy. Non - emergency transportation services must Medicaid compensable medical appointments specified in the sections below. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 11 of 53 be provided to eligible Medicaid recipients for by utilization of the modes of transportation 7.1 Multiload Vehicles A multiload vehicle is a multiple passenger vehicle, typically used for NET services. It is appropriate only for ambulatory or non - ambulatory persons who can enter and exit a vehicle with minimal to no assistance. Assistance means that additional equipment and time are required. Multiload vehicles may include buses, vans, sedans and taxis. 7.2 Wheelchair Vehicle A wheelchair vehicle is a motorized vehicle equipped specifically with certified wheelchair lifts or other equipment designed to carry persons in wheelchairs and scooters, or with mobility impairments. Wheelchair vehicles may be used for the provision of ambulatory transportation services to maximize capacity. Wheelchair services can only be used in non - emergency situations and are limited to use by: a. Beneficiaries who can sit upright and have no acute medical problems that require them to remain in a lying position; b. Beneficiaries who are continually confined to a wheelchair; C. Beneficiaries with severe mobility handicaps that prevent them from using private, public or taxi transportation; d. Beneficiaries who are semi - ambulatory or homebound, and can accomplish limited ambulatory movement with the assistance of a special ambulatory aid (like a walker or cane); or e. Beneficiaries who use a mobility device. In questionable cases, the need for transport by a wheelchair vehicle may require verification or documentation by a medical professional. 7.3 Stretcher Vehicle A stretcher vehicle is an enclosed vehicle that accommodates a litter and is equipped with locking devices to secure the litter during transit. Stretcher service is required for beneficiaries who are non - ambulatory and need assistance to be transported to and from the vehicle and the health care provider in a reclining position. No flashing lights, sirens, or emergency equipment are required. Stretcher services can only be provided in non - emergency situations and are limited to use by: a. Beneficiaries who need to remain in a lying position but do not require the administration of life support; b. Beneficiaries who have severe mobility disabilities that render them unable to sit in an upright position for prolonged periods of time; or C. Beneficiaries who have begun self- administered home oxygen prior to transport may continue administration during transport. However, no new regimen of oxygen therapy may be started during transport, nor may the attendant employed by the transportation service administer oxygen. In questionable cases, the need for transport by a stretcher vehicle may require verification or documentation by a medical professional. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 12 OF 53 •i 7.4 Public Transportation In some areas of Florida, public transportation may be a viable and cost - effective alternative to more traditional and expensive forms of non - emergency transportation available to the Subcontracted Transportation Provider. Public transportation is transportation available, through the payment of a rider fee, to the general public. Public transportation may be provided by transit companies, county or city governments or federally funded transportation authorities. This type of transportation may be used to provide a full trip or portion of a trip to or from a health care service. 7.5 Over - the -Road Bus An over - the -road bus is traditionally used to traverse long distances such as cross - county and cross -state travel. 7.6 Private and Volunteer Transportation Private and volunteer travel is provided by individuals or agencies that receive no compensation or payment other than minimal reimbursement for mileage for the provision of these transportation services. The Subcontracted Transportation Provider may arrange transportation with the volunteer or organization directly, including scheduling appointments and notifying beneficiaries of arrangements. Additionally, the Subcontracted Transportation Provider shall be responsible for payment of the minimal mileage of the private or volunteer transportation. The Subcontracted Transportation Provider may develop private and volunteer services as part of its responsibility to provide NET services in accordance with the Agreement. Use of private and volunteer transportation does not alleviate the Subcontracted Transportation Provider's responsibility to assure the safety, comfort and appropriate mode of transportation consistent with the beneficiary's health care status. The Subcontracted Transportation Provider must ensure that all individual and agency vehicles used to provide private and volunteer transportation are properly licensed and insured. 7.7 Escort Services An escort is an individual whose presence is required to assist a beneficiary during transport and at the place of treatment. The escort leaves the vehicle at its destination and remains with the beneficiary. An escort must be of an age of legal majority recognized under Florida law. The Subcontracted Transportation Provider must allow, without charge to the escort or beneficiary, one (1) escort to accompany a beneficiary or group of beneficiaries who are blind, deaf, mentally disabled, or under twenty -one (21) years of age, when the beneficiaries are transported to receive Medicaid covered services. 7.8 Commercial Air Carrier Transportation Commercial air carrier transportation may be provided where appropriate to provide the necessary transportation to eligible Medicaid beneficiaries. If a beneficiary is in need of transportation outside of the state or must be transported a long distance due to the location of specialized medical services, the Subcontracted Transportation Provider shall work directly with the beneficiary and the Commission to determine that such services are not available in the beneficiary's locality and shall schedule the commercial air carrier transport and purchase such services as needed. Prior authorization is required by the Commission for commercial air carrier transportation. CTD MEDICAID NON- EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 13 of 53 The Subcontracted Transportation Provider must provide documented proof to the Commission prior to transport that necessary medical services cannot be obtained within the beneficiary's service area and that commercial air carrier transportation is the only viable option. The Subcontracted Transportation Provider has authority under this Agreement to deny a request to cover commercial air carrier transport but must submit a written explanation to the Commission of how the beneficiary will be transported and what formed the basis for the denial. The Subcontracted Transportation Provider must follow the procedures in Denial of Service Section, and must notify the beneficiary of his right to appeal as set forth in the Beneficiary Appeals Notice Section. The Subcontracted Transportation Provider may purchase any and all commercial air carrier transports when it is deemed to be the appropriate level of transport for the beneficiary. The Subcontracted Transportation Provider must utilize the commercial air carrier transportation policy established by the Commission that directly defines the policies and procedures for eligibility, payment and selection of the commercial air carrier mode of transportation. 7.9 Special Covered Services The Subcontracted Transportation Provider must authorize and supply transportation for Medicaid beneficiaries when: a. The Agency for Health Care Administration has begun a closure or decertification of a nursing facility and transportation is needed for the Medicaid beneficiary to be transported from one nursing facility to another or to an alternate living arrangement; or The Medicaid beneficiary has a change in level of care that results in the facility not being certified or equipped to provide medically required or specialized services and transportation is needed from one nursing facility to another nursing facility. 7.10 Excluded Services The Subcontracted Transportation Provider is not required to ensure the provision of the following excluded services: Stretcher Van Oxygen Administration. Stretcher van providers are not required to be equipped to provide and administer oxygen to a beneficiary during a transport. Oxygen provided and administered by the beneficiary is appropriate for NET if no other medical equipment or medical care is required en route. Stretcher van providers are also not required to be equipped to maintain a ventilator or care for a beneficiary who is ventilator- dependent during a transport. If a beneficiary has a battery- operated ventilator and an individual who has been trained to provide ventilator care will travel with the beneficiary to a doctor's office or to other medically necessary health care services, the beneficiary is eligible for NET if no other medical equipment or care is required en route. In questionable cases, the need for transport by a stretcher vehicle may require verification or documentation by a medical professional. b. Ground Ambulance Transportation. NET services do not include ground ambulance transportation unless the ground ambulance is under contract as a stretcher or wheelchair transportation provider as specified in the Wheelchair Van Section, or CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 14 of 53 1. •i' the Stretcher Van Section. Ground ambulance transportation is also excluded if a local governmental ordinance mandates non - emergency stretcher transportation services be provided in a ground ambulance vehicle. Air Ambulance Transportation. NET services do not include air ambulance transportation. Basic Life Support (BLS) and Advance Life Support (ALS) Transportation. For the purpose of this Agreement, NET services do not include the arrangement, coordination or delivery of transportation services for beneficiaries who require the administration of any level of life support services (ALS or BLS) during transport. 7.11 Special Exclusions The Subcontracted Transportation Provider is not responsible for the coverage of: a. The cost of transporting a Medicaid beneficiary back to Florida when that beneficiary has traveled outside of Florida and requires hospitalization and/or subsequent nursing facility care, unless a Medicaid beneficiary has traveled for the purpose of receiving a Medicaid compensable service; b. Transportation for therapeutic home visits to or from a hospital, hospice, nursing home, lCF /DD, state or other private or public institution; C. Transportation of a beneficiary from one hospital to another, one nursing facility to another, or from a hospital to a nursing facility, solely based on the preference of the beneficiary or a member of the beneficiary's family; d. Transportation of deceased Medicaid beneficiaries; e. Transportation of family members to visit a hospitalized or institutionalized Medicaid beneficiary; f. Transportation of a Medicaid beneficiary to receive medical training; g. Transportation of Medicaid beneficiaries to a pharmacy for the purpose of having a prescription filled; h. Transportation of a Medicaid beneficiary to a medical facility or physician's office for the sole purpose of obtaining a medical recommendation or to pick up medical records; Transportation of a Medicaid beneficiary for socialization and /or therapeutic field visits to locations other than the facility where such services are received; Transportation services that are available to the general public free of charge; Transportation that is already covered by a per diem rate and included in a corresponding cost report. Transportation services are included in an ICF /DD's per diem; Salaries, fees, or other compensation for professional health care attendants; or m. Transportation of a Medicaid Community -Based Service can be billed to the waiver service. 8. Geographical Considerations beneficiary to a service covered by a Home and (HCBS) waiver and transportation is provided and or is included in the reimbursement for the waiver CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 15 of 53 •i The Subcontracted Transportation Provider is responsible for the provision of transportation services to eligible Medicaid beneficiaries to or from a stated point of origin or to or from specific Medicaid compensable services at the request of the beneficiary or person acting on behalf of the beneficiary. Transportation outside the area customarily used for health care services by the beneficiary's immediate community is to be provided only when sufficient medical resources are not available in the area or when a health care provider has referred the beneficiary to medically necessary health care services outside of the immediate community. The Subcontracted Transportation Provider is responsible for out -of -state NET services to and from health care providers. The Subcontracted Transportation Provider must utilize the policies and procedures elaborating on how services by ground or air beyond sixty (60) miles of the Florida State border shall be coordinated and purchased. 8.1 Residence and Closest Medical Facility The Subcontracted Transportation Provider is not responsible for providing transportation when the health care provider is located outside a beneficiary's community /vicinity if other similar and appropriate health care providers that offer the same or similar services appropriate for the beneficiary's needs and who will accept the beneficiary as a patient are located closer to the beneficiary's residence. The Subcontracted Transportation Provider may request a written referral signed by the referring medical provider and attesting to the need for travel outside the beneficiary's region of residence. Beneficiaries who are denied NET services must be given a written notice of the reason for denial and appeal rights. See Beneficiary Appeals Notice Section. The referral form should be uniform throughout the state and will be subject to approval by the Commission. 9. Subcontracted Transportation Provider Minimum Performance Standards The following sections describe the minimum standards required of the Subcontracted Transportation Provider. 9.1 Beneficiary Access The Subcontracted Transportation Provider shall: a. Respond to transportation inquiries and requests made by beneficiaries residing in the service area as provided for in this section; b. Maintain a business location in the service area or assign a representative whose responsibility is the service area; C. Provide notification to beneficiaries and make oral interpretation services available to beneficiaries, free of charge, in areas where twenty (20) percent or more of the population is non - English speaking; d. Develop written procedures for dealing with beneficiary complaints internally; see Beneficiary Appeals Notice Section e. Train customer service representatives in the area of dispute resolution; f. Establish and maintain an electronic mail (e -mail) identity; g. Maintain a toll -free telephone access number for scheduling NET specified as follows: Monday through Friday, eight (8) hours a day except nine (9) state holidays: New Year's Day, Martin Luther King's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the Friday following, and Christmas Day. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 16 of 53 r In. Provide thirty (30) calendar days written notice of any other intended days of closure. i. Provide twenty -four (24) hour toll -free telephone access to information on how to access transportation on holidays, weekends, and after business hours for urgent care, hospital discharge, or incidents beyond the control of the beneficiary or facility. In addition, access must be provided to a beneficiary who has a return pick -up after business hours if agreed to in advance by the Subcontracted Transportation Provider and the beneficiary. Provide eligible transportation when trip requests are submitted no less than seventy -two (72) hours in advance. k. Provide adequate staff and telephone lines to allow ninety (90 %) percent of all incoming calls, including TTY calls, to be answered within an average of three (3) minutes. A phone answering machine or electronic voice mail may be used when offered as an option to the beneficiary; however, beneficiaries shall be given the option of staying in queue or reaching a staff person. I. Ensure the average queue time for a hearing- impaired system such as Florida Tele- Relay Services or TTY calls shall not exceed three (3) minutes. m. Train staff to operate a hearing- impaired system such as Florida Tele -Relay Services or TTY equipment to ensure service levels similar to non - hearing impaired beneficiaries are met. 9.2 Eligibility Screening The Subcontracted Transportation Provider shall: a. Review and document beneficiary eligibility to receive transportation services provided by the contract. b. Review that the individual is currently eligible for services by relying upon the eligibility information supplied by one of the following: 1. Presentation of a valid medical card (Medicaid Gold Card) when smart card systems are in place and set to read the Medicaid Gold Card and capable of obtaining beneficiary eligibility information; 2. Documentation from a Medicaid Eligibility Verification System (MEVS) Vendor; 3. Documentation by FAXBACK with the Medicaid fiscal agent, or 4. Documentation by other Commission approved sources. C. Regularly verify that the beneficiary is eligible for transportation services. Screening shall ensure: 1. Verification from the requesting beneficiary that they have no other available means of transportation to medical services; 2. That the requested transportation is not covered by other programs or funding; 3. That the requested transportation is to the nearest Medicaid provider of covered services unless otherwise exempt by Medicaid rules or policy (see Applicable Laws and Regulations Section); 4. That authorization for requested transportation shall only be granted for eligible Medicaid services required by the beneficiary, CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 17 of 53 5. That private and volunteer transportation or gas vouchers are utilized where appropriate to ensure cost - effective transportation. When private or volunteer mileage reimbursement, or gas vouchers, are utilized, the Subcontracted Transportation Provider shall have on record: the driver's license, current vehicle registration and obtain documentation of, or proof of, insurance of the vehicle operator. When documentation of the above - listed information is accepted in lieu of copies of the documents, the Subcontracted Transportation Provider shall obtain copies of these documents as soon as practicable; and 6. That requested transportation is necessary to the destination and to return from services as authorized under the Agreement. 9.3 Transportation Standards The Subcontracted Transportation Provider shall: a. Arrange for the most appropriate, lowest cost transportation services available to beneficiaries who reside in the service area specified by the Agreement; Comply with standards in accordance with Chapter 427, Florida Statutes and Rules 41 -2 and 14 -90, Florida Administrative Code. 9.4 Appropriate Level of Transportation The Subcontracted Transportation Provider shall refer emergency calls to 911, or an ambulance, as necessary. The Subcontracted Transportation Provider and/or its Subcontracted Transportation Providers shall maintain a local referral source with whom to discuss emergency situations. Appropriate levels of transportation consist of the following: a. Door -to -door or curb -to -curb services are appropriate for persons whose physical or mental limitations render them unable to use fixed route transit or other methods of public transport. b. The Subcontracted Transportation Provider shall use the most cost effective (lowest cost appropriate) available transportation, based on the medical condition of the beneficiary. Subcontracted transportation providers shall use public transit where available. Utilization shall be in compliance with ADA requirements. A beneficiary may be asked to fill out an ADA certification form to verify the beneficiary's mobility limitations or may be required to undergo an assessment process. The Subcontracted Transportation Provider may also require documentation by the beneficiary's physician. 9.5 Service Area a. The Subcontracted Transportation Provider may provide service to residents of other service areas in response to requests of the Subcontracted Transportation Provider responsible for those service areas, if an agreed upon rate is determined by both parties. b. Other service areas include: Medical facilities or services available in other communities or contiguous areas not available in the beneficiary's service area but CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 18 of 53 routinely used by residents of the service area who need medical care not provided within their service area; and 2. Medical facilities or services outside the service area that are closer to the beneficiary's residence than the same type of services within their service area. c. The Subcontracted Transportation Provider may arrange destination and return trips outside the Subcontracted Transportation Provider's contracted service area when required services are not available within the contracted service area, but are within the state or designated border areas. 9.6 Activity Documentation The Subcontracted Transportation Provider and /or its Subcontracted Transportation Providers must retain, and make available for audit purposes, the following records for five (5) years after termination of the Agreement or for the duration any audit that extends past five (5) years. The Subcontracted Transportation Provider shall: a. Maintain beneficiary eligibility data. Eligibility data shall be provided to the Subcontracted Transportation Provider and its Subcontracted Transportation Provider by MEVS or FAXBACK or other similar provider. The Subcontracted Transportation Provider shall use this data to confirm eligibility of persons requesting or receiving transportation services. b. Protect the confidentiality of the beneficiary's records. C. Keep vehicle logs on file for every transport for five (5) years after the Agreement ends, in accordance with state law. d. Maintain encounter data for each one -way trip provided as specified below: 1. Subcontracted transportation provider's unique identification number assigned by the Commission; 2. Date the service was provided in month, day, year format: M M/D D/YYYY; 3. Beneficiary's last name, first name, and middle initial exactly as it appears on the gold, plastic Medicaid ID Card or other proof of eligibility; 4. Beneficiary's 10 -digit Medicaid ID Number. Do not provide the number on the Medicaid ID card. This is a card control number, not the beneficiary's Medicaid ID number; 5. Total miles of trip provided; 6. Total cost of trip provided; 7. Pickup address including the street name and number, apartment number, and city; 8. Time that the beneficiary was picked up. Use military (24 -hour clock) time. For example: 3:35 p.m. = 1535; CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 19 of 53 9. Complete address of the provider destination including the street name and number, apartment number, and city; 10. Identify trips that were not provided due to beneficiary no- shows; 11. Medical necessity of the trip; 12. Origin of transport code: physician's office (P), clinic (C), laboratory (L), hospital (H), nursing home (N), dialysis (D), or other diagnostic or therapeutic (0), or residence (R); 13. Destination of transport code: physician's office (P), clinic (C), laboratory (L), hospital (H), nursing home (N), dialysis (D), or other diagnostic or therapeutic (0), or residence (R); 14. Mode of transportation used: multiload vehicle (MV), public transportation (PT), private volunteer transport (VT), wheelchair (WC), Stretcher (ST), over - the -road bus (OB), or commercial air carrier (CA); and e. Enter encounter data requirements for each bus ticket or pass issued, in a format provided by the Commission. 9.7 Service Standards a. All Subcontracted Transportation Providers must comply with standards in accordance with Chapter 427; Florida Statutes and Rules 41 -2 and 14 -90, Florida Administrative Code. These standards include, but are not limited to, Drug and Alcohol Testing, Safety Standards, Driver Accountability and, Driver Conduct. All Subcontracted Transportation Providers must maintain vehicles and equipment in accordance with manufacturer's state and federal safety and mechanical operating and maintenance standards for any and all vehicles and models used for transportation of Medicaid beneficiaries under this Agreement. C. The Subcontracted Transportation Provider shall comply with all applicable state and federal laws as provided in Section 30.29, Applicable Laws and Regulations, including, but not limited to, the Americans with Disabilities Act (ADA) and the Federal Transit Administration (FTA) regulations. Any vehicle that does not meet or exceed the Florida Department of Highway Safety and Motor Vehicles (DHSMV) licensing requirements, safety standards, ADA regulations, or Agreement requirements shall be removed from service immediately and shall be re- inspected before it is eligible to be used to provide transportation services for Medicaid beneficiaries under the Agreement. e. Vehicles may not carry more passengers than the vehicle was designed to carry. All lift- equipped vehicles must comply with ADA regulations. 9.8 Vehicle Inspections a. Annual CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 20 of 53 All vehicles shall be inspected before they are used to provide transportation services. Inspections shall be done annually to ensure that all regulatory and licensing requirements are met. Vehicles not passing these inspections shall be immediately removed from service for Medicaid beneficiaries. Each vehicle shall be reinspected before it is eligible to return to service for Medicaid beneficiaries under the Agreement. Documentation of inspections done by other agencies will suffice as long as the Subcontracted Transportation Provider and Commission have access to it, and the program standards are met or exceeded. b. All Commercial Vehicles Shall Meet or Exceed the Following Requirements: The Subcontracted Transportation Provider shall ensure that commercial transportation operators use a two -way communication system linking all vehicles used in delivering the services under this Agreement with the transportation operator's major place of business (dispatcher); 2. The two -way communication system shall be used in such a manner as to facilitate communication and to minimize the time in which out -of- service vehicles can be replaced or repaired. Pagers are not an acceptable substitute. A vehicle with an inoperative two -way communication system shall be placed out -of- service until the system is repaired or replaced; 3. All vehicles shall be equipped with climate control systems adequate for the heating and cooling needs of both driver and passengers. Any vehicle with a non - functioning climate control system shall be placed out - of- service until repaired; 4. Vehicles shall have functioning, clean, and accessible seat belts, where applicable, for each passenger seat position and shall be stored off the floor when not in use; 5. All vehicles shall have an accurate speedometer and odometer; 6. All vehicles shall have functioning interior light(s) within the passenger compartment; 7. All vehicles shall have adequate sidewall padding and ceiling covering; 8. All vehicles shall have two exterior rear view mirrors, one on each side of the vehicle; 9. All vehicles shall have one interior mirror for monitoring the passenger compartment; 10. The vehicles' interior and exterior shall be clean and have exteriors free of broken mirrors or windows, excessive grime, rust, chipped paint or major dents that detract from the overall appearance of the vehicle; and 11. The vehicle shall have passenger compartments that are clean, free from torn upholstery or floor covering, damaged or broken seats, protruding sharp edges and shall also be free of dirt, oil, grease or litter. 9.9 Subcontract Requirements The Subcontracted Transportation Provider shall monitor all transportation providers, at least annually, to ensure that they comply with the provisions of the Agreement. The Subcontracted Transportation Provider shall attempt to utilize Minority and Women - owned Business Enterprises (MWBE's) for providing beneficiary transportation services. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 21 of 53 1663 The Subcontracted Transportation Provider shall document MWBE utilization and all efforts in encouraging MWBE participation. Subcontracts shall include verification that each transportation provider maintains sufficient liability insurance to meet the requirements of Florida State law. See Section I.G of the Terms and Conditions of the Commission Standard Agreement for specifics on insurance coverage. The Subcontracted Transportation Provider shall have an incident investigation procedure in writing, and shall follow that procedure to respond to and review all incidents. The Commission must be notified by the Subcontracted Transportation Provider within twenty four (24) hours or by the beginning of the next business day of an accident during the transportation of Medicaid beneficiaries. This is for all accidents involving personal injury and /or property damage where the damage exceeds one thousand dollars ($1,000.00). A written report of the accident shall be submitted to the Commission within five (5) business days of the occurrence. 9.10 Personnel Subcontracted Transportation Providers are independent contractors and are not employees or agents of Florida Medicaid or the Commission. An independent contractor performs services for Medicaid under contract of a skilled nature or unique kind and works with minimal or no supervision from Medicaid staff. The Subcontracted Transportation Provider must ensure that all transportation providers: a. Be responsible for the work performed by their employees and transportation providers as described in this Agreement and other referenced documents; b. Be solely responsible for payment to all employees' for wages, benefits, and all consideration or reimbursement to transportation operators; C. Comply with the requirements of employer liability, worker's compensation, unemployment insurance, social security, and any other state and local taxes applicable to the Subcontracted Transportation Provider, the Subcontracted Transportation Provider's employees and transportation operators; and d. Have personnel policies that conform to all local, state and federal laws. The Commission retains the right to review the Subcontracted Transportation Provider's personnel policies. 9.11 Additional Subcontracted Transportation Provider Requirements The following sections describe performance standards with which the Subcontracted Transportation Provider must comply. a. The Subcontracted Transportation Provider is responsible for transportation services, and shall recruit, if necessary, and negotiate subcontracts with transportation providers sufficient to meet the needs of Medicaid beneficiaries to include utilization of multiload vehicles, public transportation, wheelchair vehicles, stretcher vehicles, private volunteer transport, over - the -road bus service or where applicable commercial air carrier transport. b. The Subcontracted Transportation Provider must utilize a uniform contracting, billing and accounting system to contract for services and pay providers while keeping accurate and detailed records on transactions with such contracted providers. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 22 OF 53 C. The Subcontracted Transportation Provider shall secure sufficient resources (numbers and types of vehicles and drivers) to provide NET services in accordance with the requirements of the Agreement. d. The Subcontracted Transportation Provider may set up subcontracts with qualified transportation providers, including providers in bordering states (Georgia and Alabama), if necessary, as long as the services provided are equitable in quality and safety. The Subcontracted Transportation Provider must maintain unique identifiers of each transportation provider. The unique identifiers will be given to the Subcontracted Transportation Provider by the Commission. e. In all cases, the Subcontracted Transportation Provider must ensure the use of the most appropriate service available to meet the beneficiary's transportation needs. f. Regardless of the method or combination of methods used to provide NET service, the Subcontracted Transportation Provider is responsible for management, supervision and monitoring of all transportation provided with funds received through the Agreement. g. The Subcontracted Transportation Provider is prohibited from establishing or maintaining subcontracts with transportation providers that have been determined to have committed fraud of a state or federal agency or those that have been terminated from the Medicaid program. h. The Subcontracted Transportation Provider must terminate a subcontract with a transportation provider when substandard performance is identified and when the transportation provider has failed to take satisfactory corrective action within a reasonable time. The Commission reserves the right to direct the Subcontracted Transportation Provider to terminate any subcontract with a transportation provider when the Commission or the Agency for Health Care Administration determines it to be in the best interest of the state. The Subcontracted Transportation Provider's selection policies and procedures, consistent with 42 CFR 438.12, must not discriminate against particular providers that serve high -risk populations or specialize in conditions that require costly treatment. The Subcontracted Transportation Provider may not employ or contract with providers excluded from participation in Federal health care programs under either Section 1128 or 1128A of the Social Security Act. 9.12 Gatekeeper Policy a. The Subcontracted Transportation Provider shall comply with the following gatekeeper responsibilities: Accept requests for transportation directly from beneficiaries, adult family members on behalf of minor beneficiaries, guardians responsible for beneficiaries, and licensed health care professionals on behalf of beneficiaries. 2. Assure that the beneficiary is a resident of a county in Florida and is currently Medicaid eligible. Beneficiary eligibility shall be obtained by contacting a MEVS Vendor or similar provider, or through FAXBACK with the Medicaid fiscal agent where a fax is sent through an automated system and a report is transmitted back containing beneficiary or provider requested eligibility information. 3. Attempt to determine if transportation resources exist within the home regularly and /or specifically for the trip requested, and may deny CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 23 of 53 transportation if available through resources in the beneficiary's household. "Household" is defined to include all persons residing at a common address. 4. Determine if there is a reason why the beneficiary's own transportation cannot be utilized (such as the vehicle is broken, out of gas, etc.) and, if it cannot be utilized, may assist in transportation. 5. Attempt to determine whether any person who does not reside in the beneficiary's household can reasonably provide transportation. "Reasonably" is defined to mean both willing and able. The Subcontracted Transportation Provider shall not demand the use of transportation resources available through any party residing outside the beneficiary's household. 6. Require the use of public transportation, where available and appropriate, for beneficiaries who are able to understand common signs and directions. For additional information on requirements for public transportation see Service Standards Section. 7. Determine if the beneficiary is ambulatory, requires a mobility device, or requires a stretcher for transport. Beneficiaries who must use a mobility device for ambulation or must remain in a lying position shall be transported in vehicles appropriate to their level of need. 8. Allow for extenuating circumstances in applying the seventy -two (72) hour or less advance application requirement for transportation. Such extenuating circumstances shall include, but not be limited to, such situations as the requirement for post- operative or follow -up appointments in less than seventy -two (72) hours; urgent care requirements as claimed by the beneficiary, adult family members on behalf of a minor, elderly or disabled beneficiaries, guardians responsible for beneficiaries, and licensed health care professionals on behalf of beneficiaries who are residents of a nursing facility or other residential care facility, or who are otherwise unable to communicate for themselves; hospital and emergency room discharges; and transportation to appointments made to replace missed appointments that were not caused by the beneficiary's negligence. 9. Provide transportation only to a Medicaid compensable service. 10. Refuse to reimburse the cost of transportation provided for a beneficiary by any relative or member of the same household, exclusive of foster parents. 11. Some nursing facilities, group homes and personal care homes have one or more vehicles, which are intended to facilitate the general administration of the facility and not necessarily to provide for resident transportation. The Subcontracted Transportation Provider cannot deny service based on the mere existence of a vehicle. The availability of a vehicle for resident transportation must be determined on a case -by -case basis. If the vehicle is not available for resident transportation at the time required, as represented by the nursing facility manager or director of nursing, as applicable, such vehicle must be excluded from considerations of other available transportation. 12. Consider information presented by or on behalf of a beneficiary relative to the need for NET services upon each such request for transportation, notwithstanding previous NET denials. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 24 OF 53 0 / 13. Require that a beneficiary and associated escort be picked up from, and returned to, a common address. b. The Subcontracted Transportation Provider are not responsible for providing transportation when a similar and appropriate health care providers of a similar type that offer the same or similar services appropriate for the beneficiary's needs and who will accept the beneficiary as a patient are located closer to the beneficiary's residence. C. The Subcontracted Transportation Provider and /or its Subcontracted Transportation Providers shall not arbitrarily deny services, but may require as a condition for approval of NET services, a written referral signed by a licensed health care provider attesting to the medical necessity for out -of -area service. 10. Fraud Prevention Policies and Procedures The Subcontracted Transportation Provider shall utilize the written policies and procedures developed by the Commission for fraud prevention that contain the following: a. A comprehensive employee- training program to investigate potential fraud; b. A review of Subcontracted Transportation Providers that demonstrate a pattern or practice of encounter or service reports that did not occur; c. A review of Subcontracted Transportation Providers that demonstrate a pattern or practice of overstated reports or up -coded levels of service; d. A review of Subcontracted Transportation Providers that altered, falsified, or destroyed records prior to the five -year records retention benchmark. e. A review of Subcontracted Transportation Providers that make false statements about credentials; f. A review of Subcontracted Transportation Providers that misrepresent medical information to justify referrals; g. A review of Subcontracted Transportation Providers that fail to provide transportation for covered Medicaid beneficiaries to medically necessary services; and h. A review of Subcontracted Transportation Providers that charge Medicaid beneficiaries for covered services. Any determination by the Subcontracted Transportation Provider that any aspect of NET service delivery, by any provider, that might have short- or long -term detrimental consequences to the health of a Medicaid beneficiary shall be reported in writing to the Commission immediately upon detecting a problem or potential problem. The Subcontracted Transportation Provider must also immediately report all instances of suspected provider /beneficiary fraud to the Commission immediately upon identification. Upon detection of a potentially or suspected fraudulent action by a provider, the Subcontracted Transportation Provider shall file a report with the Commission. At a minimum, the report shall contain the name of the provider, the provider contact information, the provider tax identification number, and a description of the suspected fraudulent act. This report must be sent in narrative fashion to the Commission. B. MANNER OF SERVICE(S) PROVISION: 1. Services to be provided by the Commission: CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 25 of 53 •i The Commission shall provide to the Subcontracted Transportation Provider the following services: a. access to Medicaid eligibility data, if available from the Agency. b. policy and Agreement clarification as requested by the Subcontracted Transportation Provider. c. a timely review of all materials submitted to the Commission by the Subcontracted Transportation Provider as required. d. training in the appropriate use of Commission systems as needed. e. non - emergency transportation (NET) policy training pertinent to the performance of the Agreement. f. technical assistance, as needed, on transportation related inquiries. g. a policy and procedures manual, an education and outreach plan, and a monitoring plan. h. instructions and ongoing training on specific programs and covered services. i. monitor the Subcontracted Transportation Provider's compliance with the terms and conditions of the Agreement. 2. Services to be provided by the Subcontracted Transportation Provider 2.1 Monitoring Plan The Subcontracted Transportation Provider will be monitored on an annual basis unless otherwise specified by the Commission. The monitoring plan must be based on Subcontracted Transportation Provider Minimum Standards Section, and must contain, at a minimum, the following monitoring elements: a. Beneficiary Access 1. Provider name; 2. Provider's unique identification (ID) number; 3. Provider service area (counties); 4. Where available average daily phone calls abandoned, listed by: • Incoming, • From queue, and • Average time in queue. 5. Percentage of calls answered within three (3) minutes; 6. Average call length; 7. Average daily phone calls received. 8. Eligibility Screening • Total applicants reviewed for transportation eligibility; • Total applicants denied for transportation eligibility, by reason code; and • Other data designated by the Commission. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 26 OF 53 •i 9. Transportation Services • The number of trips provided by mode; • The average distance in miles per trip; • The average cost per trip using the average distance in miles per trip; • The number of unduplicated Medicaid beneficiaries using transportation; • Number of complaints and percentage of complaints compared to the total number of trips; and • The number of vehicle inspections completed with results. 10. Beneficiary Education 11, Staffing Issues 12. Other Monitoring as Specified by the Commission 2.2 Reports a. Encounter Data. The Subcontracted Transportation Provider will prepare reports on encounter data as well as complaints filed and corrective action taken. Some may be summary reports for wide distribution. Others may be detailed reports for Commission and other technical audiences. Users may be the general public, legislators, legislative staff, policy makers, media, and budget analysts. The Subcontracted Transportation Provider may be required to provide immediate response to ad hoc data requests of Commission staff. Project Reports. The Subcontracted Transportation Provider shall utilize project reports established by the Commission. The Subcontracted Transportation Provider shall utilize reporting formats that will be developed by the Commission. When reporting requirements are not established in the Agreement, the Commission shall provide the Subcontracted Transportation Provider with instructions and submission timetables. The Commission reserves the right to modify reporting formats and submission timetables as a result of changing priorities or management direction. Annual Reports. The Subcontracted Transportation Provider must submit to the Commission, by September 15th of each year, an annual operating report that summarizes all services provided for during the Agreement period. The annual operating report will be provided to the Commission via the electronic reporting mechanism available through the Commission's web page. Ad Hoc Reporting. The Subcontracted Transportation Provider must provide reports to the Commission in response to requests for data on a periodic basis. Data should be provided to the Commission within one (1) business day, or longer, if agreed to by both the Commission and the Agency for Health Care Administration. e. Other Reports. The Subcontracted Transportation Provider may be required to provide additional information in the annual, and monthly reports when specified by the Commission. 2.3 Automation Requirements CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 27 OF 53 •i` The Subcontracted Transportation Provider must have the capacity (hardware, software and personnel) sufficient to generate all data and reports needed for this project. The Subcontracted Transportation Provider shall also have the necessary information technology needed to fully manage and report on the project described in this Agreement. 2.4 Systems Compliance The following standards and criteria define systems compliance a. Software and applications will not abnormally end or provide invalid or incorrect results as a result of date data, especially between centuries. b. In all new applications and where possible in legacy applications, date elements in interfaces and data storage should specify century to eliminate date ambiguity. The standard format for data storage and calculations should follow the international standard date notation, which includes a four -digit year. Applications that use or require month and date representation should conform to the following format: YYYYMMDD where YYYY = full representation of the year, MM = month (between 01 and 12) and DD = day of the month (between 01 and 31). User interfaces (i.e., screens, reports, etc.) should accurately show four digit years. Where this is impossible (i.e., date elements represented without century), the correct century must be unambiguous for all manipulations and /or calculations involving that element. 2.5 Determination of Service Process a. The Subcontracted Transportation Provider shall structure the determination of need for service process to meet the following basic requirements: 1. The beneficiary's eligibility has been verified; 2. The beneficiary has declared that he or she is a current resident of the subcontract provider /provider's service area; 3. The beneficiary's Medicaid ID number and address have been recorded for reporting purposes; 4. The beneficiary has declared that he or she needs non - emergency transportation; 5. The beneficiary has been determined to have a valid service need; 6. The beneficiary intake information has been obtained; 7. The trip is determined to be within the service locality, or that the needed medical service is not available in the locality; and 8. The transportation mode is the most cost - effective possible. b. The Subcontracted Transportation Provider shall advise the beneficiary that: 1. The beneficiary, under penalty of law, shall provide accurate and complete information to determine need for NET services; 2. When requested, the beneficiary must provide, as a condition for receiving service and being determined eligible for the service, information related to the need for services; CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 28 OF 53 i 3. It is the beneficiary's responsibility to call and cancel an appointment at least twenty -four (24) hours in advance; and 4. Only transportation to or from a health care service provider for a Medicaid covered service is allowable. C. Beneficiary Intake Information The Subcontracted Transportation Provider must collect intake information at initial time of contact for a request made by the beneficiary. The following information will be collected by all Subcontracted Transportation Providers for each beneficiary. The Subcontracted Transportation Provider shall regularly verify information is accurate. The Subcontracted Transportation Provider shall develop mandatory beneficiary intake information for NET services, that provides the following information: 1. Determination of Eligibility: • Name and address; • Beneficiary's date of birth in month, day, year format (MM /DD/YYYY); • County of origin; • Medicaid number; and • Telephone number, if available. 2. Availability of Suitable Mode or Transportation to Other Community Locations: • Availability of friend or relative with vehicle; and • Ownership of a vehicle or previous transportation arrangements. 3. Availability of Federally Funded or Public Transportation: • Distance from public transportation route; • Any limitations that would prevent the use of public transportation; • Alternative funding to pay for transportation; and • Previous use. 4. Special Needs: • Mode of transportation needed; • Services needed; and • Need for an escort or attendants. 5. Results of Interview: • Transportation approved or denied; • Mode of transportation if approved; • Date or dates of service; and • Reason eligibility was denied. d. Validity of Information Except for the information contained on the Medicaid eligibility certification, the Subcontracted Transportation Provider shall accept the information provided verbally by the beneficiary, or person speaking on behalf of the beneficiary, as valid when determining or predetermining the need for NET services unless the Subcontracted Transportation Provider has cause to doubt the validity of information provided. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 29 of 53 M 04 0 ., If the Subcontracted Transportation Provider has cause to doubt the validity of the information provided by or on behalf of the beneficiary, in accordance with approved gatekeeping policy, the Subcontracted Transportation Provider may require documentation of that information as a condition of providing transportation. 2.6 Application for Services The beneficiary must contact the Subcontracted Transportation Provider with jurisdiction over the beneficiary's area of residence to request NET services prior to close of office business hours, three .(3) workdays or more prior to a non - urgent, scheduled appointment. The three (3) workdays or more advance scheduling includes the day of the call but not the day of the appointment. Advance scheduling will be mandatory for all NET services except urgent care and follow -up appointments when the timeframe does not allow advance scheduling. The Subcontracted Transportation Provider shall be responsible to provide same -day transportation services when the beneficiary has no other available means of transportation and requests services for urgent care. Valid requests for urgent care transport shall be acknowledged for scheduling within three (3) hours of the time the request is made. Urgent care, for the purpose of this Agreement, is defined as an unscheduled episodic situation, in which there is no immediate threat to life or limb, but the beneficiary must be seen on the day of the request and treatment cannot be delayed until the next day. A hospital discharge shall be considered as urgent care. The Subcontracted Transportation Provider may verify with the direct provider of service that the need for urgent care exists. The Subcontracted Transportation Provider must obtain from the beneficiary, or an individual acting on behalf of the beneficiary, sufficient information to allow a decision regarding the beneficiary's need for NET services. This determination must take into consideration the beneficiary's ability to provide for his or her transportation outside of the NET program, pursuant to the gatekeeper policy established by the Commission as well as the beneficiary's needed level of transportation in the Appropriate Level of Transportation Section. 2.7 Levels of Transportation When determining the most appropriate mode of transportation for a beneficiary, a basic consideration must be the beneficiary's current level of mobility and functional independence. Modes other than public transportation must be used when the beneficiary: • Is able to travel independently but, due to a permanent or temporary debilitating physical or mental condition, cannot use the mass transit system; or • Is traveling to and from a location that is inaccessible by mass transit (accessibility is not within 314 mile of scheduled route). The Subcontracted Transportation Provider or its Subcontracted Transportation Provider shall determine the most appropriate mode of transportation needed by the beneficiary. This determination may be based on information provided by the beneficiary or, if a functional assessment process is in place, the results of a functional assessment process. 2.8 Criteria for Wheelchair or NET Stretcher Services CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 30 of 53 Services other than multiload vehicle or public transportation may be required when one of the following conditions is present: a. The beneficiary has a disabling physical condition which requires the use of a wheelchair, walker, cane, crutches or brace and is unable to use a multiload vehicle, commercial taxi or public transportation; b. An ambulatory beneficiary requires radiation therapy, chemotherapy or dialysis treatment, which results in a disabling physical condition after treatment, causing the beneficiary to be unable to access transportation without physical assistance; c. The beneficiary is unable to ambulate without personal assistance of the driver in entering or exiting the beneficiary's residence and medical facility; or the beneficiary has a severe, debilitating weakness or has a physical or mental disability as a result of illness or health care treatment and requires personal assistance. The Subcontracted Transportation Provider is not precluded from using more intensive modes of transportation if such use is determined to be appropriate. Wheelchair and stretcher van services are considered intensive transportation modes due to a higher level of transportation provided to accommodate the beneficiary's need based on the beneficiary's specific limitation. One of the above limiting conditions must exist before transportation modes other than multiload vehicle or public transportation are considered; however, the existence of a limiting condition does not necessarily mean that a more intensive mode of transportation is required. While the above conditions may demonstrate the possible need for wheelchair or stretcher services, the functional ability and independence of the Medicaid beneficiary should also be considered in determining the mode of transportation required. The key to the use of more intensive modes of NET services is that such services be adequate to meet the health needs of the individual. 2.9 Nursinq Home and Mental Health Facility NET Services The Subcontracted Transportation Provider must allow nursing homes and mental health facilities to arrange and schedule transportation for beneficiaries residing in their facility directly without a formalized contract with the Subcontracted Transportation Provider for the facility's place of business. At a minimum, nursing home and mental health facilities shall be allowed to: Provide transportation to a residence through vehicles owned and operated by the nursing home or mental health facility after determining that the most appropriate mode of transportation can be provided by such vehicles in- house; and Contact the subcontracted transportation provider to arrange for transportation services on behalf of the beneficiary residing in the facility if the nursing home or mental health facility is unable to provide the most appropriate mode of transportation. 2.10 Denial of Service Process The Subcontracted Transportation Provider may deny a trip or immediately discontinue a trip for any beneficiary who: a. Refuses to cooperate in determining the status of Medicaid eligibility; b. Refuses to provide the documentation requested to determine need for NET services; CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 31 of 53 •i Is found to be ineligible for NET services on the basis that the information provided cannot be otherwise confirmed; d. Exhibits uncooperative behavior or misuses /abuses NET services (the Subcontracted Transportation Provider must retain documentation of the incident); e. Is not ready to board NET transport five (5) minutes after the vehicle has arrived; or Fails to request a reservation three (3) workdays or more in advance of appointment without good cause. For purposes of this section, "good cause" is created by factors such as, but not limited to, any of the following: 1. Urgent care; 2. Post - surgical and/or medical follow -up care specified by a health care provider to occur in fewer than three workdays; 3. Imminent availability of an appointment with a specialist when the next available appointment would require a delay of two weeks or more; or 4. The result of administrative or technical delay caused by the Subcontracted Transportation Provider and required that an appointment be rescheduled. 2.11 Beneficiary Appeals Notice When the Subcontracted Transportation Provider denies eligibility of transportation services to a beneficiary, the beneficiary must be informed of his /her right to appeal by sending, by mail, an initial decision letter outlining the reason the Subcontracted Transportation Provider is denying transportation services. This letter shall be mailed to the beneficiary no later than seven (7) calendar days following such decision to deny. The Subcontracted Transportation Provider must utilize a formal beneficiary appeals process whereby a beneficiary may bring his /her complaint for resolution prior to the beneficiary beginning the formal Medicaid grievance procedures. Beneficiary transportation cannot be limited or suspended during the review period while the appeal is being reviewed. Beneficiaries must be allowed to schedule and receive transportation services throughout the appeal process. 2.12 No -Show Beneficiary Education If a beneficiary fails to provide a cancellation notice to the Subcontracted Transportation Provider at least 24 -hours in advance of a scheduled trip, then the beneficiary is classified as a "no- show ". In addition, cancellations at the door will be considered a "no- show." The Subcontracted Transportation Provider shall provide the Commission a listing of the "no- show" beneficiaries. The no -show beneficiary listing shall include the beneficiary's name, phone number, date and time scheduled for transport, and trip destination. The submittal of the activity documentation in Section 9.6 will serve as the no -show listing. The Subcontracted Transportation Provider, the Commission, or the Agency may contact the beneficiaries and counsel them on proper usage of NET services and provide technical assistance. The Subcontracted Transportation Provider shall track the beneficiaries contacted as no -shows and counseled and keep a record of the technical assistance provided. The Subcontracted Transportation Provider may take action CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 32 of 53 Ems' against beneficiaries (i.e. "lock -in ") that have reoccurring no -shows and do not respond to counseling and technical assistance. Such action shall be approved by the Commission Contract Manager prior to implementation. If the no -show beneficiary provides acceptable, verifiable evidence to the Subcontracted Transportation Provider or the Commission that the no -show was due to unforeseen and unavoidable circumstances, the missed trip will not be counted as a no -show unless such evidence does not prove the beneficiary was unable to meet the scheduled pick -up time due to unforeseen and unavoidable circumstances. 2.13 Complaint Resolution The Subcontracted Transportation Provider must maintain a toll -free access for receiving beneficiary complaints. The Subcontracted Transportation Provider shall ensure that the beneficiary has followed the established complaint procedures. The Subcontracted Transportation Provider may utilize the Commission's ombudsman program to serve as a regulatory body for the voicing of complaints by beneficiaries. If the complaint is not resolved through the Ombudsman program, the beneficiary must be informed of his/her right to file a formal grievance with the Office of Administrative Appeals or other legal venues appropriate to the specific nature of the complaint. 2.14 Fair Hearing Requirements The Medicaid fair hearing policy and process is detailed in Rule 65- 2.042, F.A.C. The Subcontracted Transportation Provider's grievance system policy and appeal and grievance processes shall state that the beneficiary has the right to request a Medicaid fair hearing in addition to pursuing the Subcontracted Transportation Provider's grievance process. A provider acting on behalf of the beneficiary and with the beneficiary's written consent may request a Medicaid fair hearing. Parties to the Medicaid fair hearing include the Subcontracted Transportation Provider, as well as the beneficiary and his or her representative or the representative of a deceased beneficiary's estate. a. Request Requirements The beneficiary or provider may request a Medicaid fair hearing within 90 calendar days of the date of the notice of action. The beneficiary or provider may request a Medicaid fair hearing by contacting Department of Children and Families at the Office of Public Assistance Appeals Hearings, 1317 Winewood Boulevard, Building 1, Room 309, and Tallahassee, Florida 32399 -0700. b. General Plan Duties The Subcontracted Transportation Provider must: 1. Continue the beneficiary's benefits while Medicaid fair hearing is pending if: a. The Medicaid fair hearing is filed timely, meaning on or before the later of the following: ■ Within 10 workdays of the date on the notice of action (add 5 workdays if the notice is sent via U.S. mail). ■ The intended effective date of the plan's proposed action. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 33 of 53 b. The Medicaid fair hearing involves the termination, suspension, or reduction of a previously authorized course of treatment; c. The services were ordered by an authorized provider; d. The authorization period has not expired; and e. The beneficiary requests extension of benefits. 2. Ensure that punitive action is not taken against a provider who requests a Medicaid fair hearing on the beneficiary's behalf or supports a beneficiary's request for a Medicaid fair hearing. If the Subcontracted Transportation Provider continues or reinstates beneficiary benefits while the Medicaid fair hearing is pending, the benefits must be continued until one of following occurs: a. The beneficiary withdraws the request for a Medicaid fair hearing. b. 10 workdays pass from the date of the Subcontracted Transportation Provider's adverse decision and the beneficiary has not requested a Medicaid fair hearing with continuation of benefits until a Medicaid fair hearing decision is reached. (Add 5 workdays if the notice is sent via U.S. mail.) c. A Medicaid fair hearing decision adverse to the beneficiary is made. d. The authorization expires or authorized service limits are met. The Subcontracted Transportation Provider must authorize or provide the disputed services promptly, and as expeditiously as the beneficiary's health condition requires, if the services were not furnished while the Medicaid fair hearing was pending and the Medicaid fair hearing officer reverses a decision to deny, limit, or delay services. The Subcontracted Transportation Provider must pay for disputed services, in accordance with state policy and regulations, if the services were furnished while the Medicaid fair hearing was pending and the Medicaid fair hearing officer reverses a decision to deny, limit, or delay services. 2.15 Beneficiary Co- payment The Subcontracted Transportation Provider, at its discretion, may require a co- payment of beneficiaries that is not greater than $1.00 per each one -way trip or $2.00 per each round trip whichever is less. Any change in beneficiary co- payment amounts must receive Commission approval prior to implementation of such increase or decrease. The following categories of beneficiaries are not required to pay a co- payment: ■ Children under 21 years of age; • Pregnant women when the services relate to the pregnancy or to any other medical condition that may complicate the pregnancy or conditions or complications of the pregnancy extending through the end of the month in which the 60 -days period following termination of pregnancy ends; CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 34 of 53 b", .3" • Institutional care program (ICP) beneficiaries who are required to spend all of their income for medical care costs (expect for a minimal amount that is required for personal needs) as a condition of receiving services in an institution and who are inpatients in long -term care facilities, hospitals, or other medical institutions; • Beneficiaries who require emergency services after the sudden onset of a medical condition which if left untreated would place the beneficiary's health in serious jeopardy; ■ Beneficiaries when the services or supplies relate to family planning; ■ Beneficiaries who are receiving hospice services. A provider cannot deny service to a recipient based solely on the recipient's inability to pay a Medicaid co- payment. If the recipient is unable to pay at the time services are rendered, the provider may bill the recipient for the unpaid charge. 2.16 Subcontracted Transportation Provider Limitations The Subcontracted Transportation Provider is prohibited from: a. Using fee - for - service ambulance transport in lieu of cost - effective and appropriate non - emergency transportation; b. Limiting Medicaid beneficiaries to a specific number of medical trips for any specific time period if such limitation would effectively prevent the beneficiary from receiving necessary medical care; and C. Limiting Medicaid beneficiaries to specific providers within a geographical range, establish trip zones, or use similar limitations for the purpose of restricting the distance required to receive medical services if such limitation would effectively prevent the beneficiary from receiving necessary medical care. 3. Term of Agreement The Commission may provide an increase each year, beginning July 1, 2005, based on an increase in Medicaid eligibles. Such increases shall begin on July 1 for all subsequent years. The Commission reserves the right to determine whether an increase will be granted for each year and the level of increase to be provided. This Agreement may be renewed for a period that may not exceed three (3) years or the term of the original Agreement, whichever period is longer. Renewal of the Agreement shall be in writing and subject to the same terms and conditions set forth in the initial Agreement prior to Agreement termination. A renewal Agreement may not include any compensation for costs associated with the renewal. 4. Billing and Payment Non - emergency transportation services are mandatory Medicaid services that may not be restricted due to inadequate funding. Through this Agreement, the Subcontracted Transportation Provider accepts responsibility to provide or coordinate delivery of all non - emergency transportation services within the existing funds of this Agreement. The Subcontracted Transportation Provider shall be paid upon satisfactory submission of receivables as designated in the Agreement. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 35 of 53 1683 Section 215.422, Florida Statutes, provides that agencies have 5 working days to inspect and approve goods and services, unless bid specifications, contract or purchase order specifies otherwise. If payment is not available within forty (40) calendar days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to Section 55.03, F. S., will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Commission's Fiscal Section at (850) 488- 5869. Invoices returned to a Subcontracted Transportation Provider due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Subcontracted Transportation Provider Ombudsman, whose duties include acting as an advocate for Subcontracted Transportation Providers who may be experiencing problems in obtaining timely payment(s) from a State Commission, may be contacted at (850) 410 -9724 or by calling the State Comptroller's Hotline, 1 -800- 848 -3792. C. SPECIAL PROVISION(S); 1. Termination Procedures The Subcontracted Transportation Provider agrees to the termination procedures in Section 6 of the Commission's standard Agreement. The party initiating the termination shall render written notice of termination to the other party by certified mail, return receipt requested, or in person with proof of delivery, or by facsimile letter followed by certified mail, return receipt requested. The notice of termination shall specify the nature of termination, the extent to which performance of work under the Agreement is terminated, and the date on which such termination shall become effective. In accordance with 1932(e)(4), Social Security Act, the Commission shall provide the Subcontracted Transportation Provider with an opportunity for a hearing prior to termination for cause. After receipt by the Commission of final notice of termination, on the date and to the extent specified in the notice of termination, the Subcontracted Transportation Provider shall: a. Stop work under the Agreement, but not before the termination date. b. Pay all claims prior to and including the date of termination. C. Assign to the state those subcontracts as directed by the Commission's Contracting Officer including all the rights, title and interest of the Subcontracted Transportation Provider for performance of those subcontracts. d. Take such action as may be necessary, or as the Commission's contracting officer may direct, for the protection of property related to the Agreement which is in the possession of the Subcontracted Transportation Provider and in which the Commission has been granted or may acquire an interest. e. Not accept any payment after the contract ends unless the payment is for the time period covered under the Agreement. 2. Sanction Process a. Performance Improvement Plan If the Commission determines that the Subcontracted Transportation Provider is out of compliance with the provisions of the Agreement, the Commission may CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 36 of 53 Owl issue to the Subcontracted Transportation Provider, via certified mail, a request for a performance improvement plan (PIP). The Commission shall provide the Subcontracted Transportation Provider with a time certain that the corrections are to be made. The Subcontracted Transportation Provider must respond to the request within fifteen (15) calendar days by providing a PIP to the Commission. The Commission must approve the plan and submit the signed approval to the Subcontracted Transportation Provider prior to implementation of the PIP. The Commission may suggest changes or request a rewrite of the PIP and provide a specific deadline for the rewrite. If the Subcontracted Transportation Provider does not meet the standards established in the PIP by the time certain, the Subcontracted Transportation Provider will be in violation of the provisions of the Agreement and is subject to sanctions. b. Sanctions Withholding Payments. Withholding of monthly payments or a portion thereof to the Subcontracted Transportation Provider by the Commission; Fines. Imposition of a fine determined by the Commission for violation of the Agreement with the Commission. Fines shall not exceed an amount that is more than five (5 %) percent of the total monthly payment to the Subcontracted Transportation Provider; and Mediation In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non - binding mediation prior to filing a lawsuit. The parties shall agree on a mediator as agreed upon by both parties. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed case. Termination. Pursuant to section 6 of the Agreement. Unless the duration of a sanction is specified, a sanction shall remain in effect until the Commission is satisfied that the basis for imposing the sanction has been corrected. 3. Travel Expenses The Subcontracted Transportation Provider shall not bill the Commission for any travel expenses. 4. Subcontracts The Subcontracted Transportation Provider may subcontract work required by a contract resulting from this Agreement. The Commission may review any and all subcontracts at any time. The Commission may disapprove any subcontract at any time with sixty (60) calendar days notice. The Commission must provide each Subcontracted Transportation Provider with a unique identification number that will be used for data collection, data management, and reporting. 5. Assignment CTD MEDICAID NON- EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 37 of 53 The Subcontracted Transportation Provider shall not assign the Agreement, in whole or in part, without the express written approval of the Commission. 6. Waiver No covenant, condition, duty, obligation, or undertaking contained in or made a part of the Agreement may be waived except by the written agreement of the parties, and a forbearance or indulgence in any other form or manner by either party in any regard whatsoever shall not constitute a waiver of the covenant, condition, duty, obligation, or undertaking to be kept, performed, or discharged by the party to which the same may apply. 7. Severability of Provisions If any provision of the Agreement is declared or found to be illegal, unenforceable, or void, then both the Subcontracted Transportation Provider and the Commission shall be relieved of all obligations arising under such provision. If the remainder of the Agreement is capable of performance, it shall not be affected by such declaration or finding and shall be fully enforceable. However, the Commission shall reduce the amount of the Agreement accordingly. 8. Inspection of Records and Work Performed The state and its authorized representatives shall, at all reasonable times, have the right to enter the Subcontracted Transportation Provider's premises, or other places where duties under the Agreement are performed. All inspections and evaluations shall be performed in such a manner as shall not unduly delay work. Refusal by the Subcontracted Transportation Provider to allow access to all records, documents, papers, letters, other materials or on -site activities related to performance shall constitute a breach of the Agreement. The right of the state and its authorized representatives to perform inspections shall continue for as long as a Subcontracted Transportation Provider is required to maintain records. The Subcontracted Transportation Provider will be responsible for all storage fees associated with records maintained under the Agreement. The Commission shall give the Subcontracted Transportation Provider advance notice of cancellation pursuant to this provision and shall pay the Subcontracted Transportation Provider only those amounts that are earned prior to the date of cancellation in accordance with the terms and conditions of the Agreement. Performance by the Commission of any of its obligations under this Agreement shall be subject to the Subcontracted Transportation Provider's compliance with this provision. 9. Accounting The Subcontracted Transportation Provider shall maintain an accounting system and employ accounting procedures and practices that conform with generally accepted accounting principles and standards. All charges applicable to the contract shall be readily ascertainable from such records. The Subcontracted Transportation Provider is required to submit annual financial audits to the Commission within thirty (30) calendar days of receipt. 10. Confidentiality of Beneficiary Information All personally identifiable beneficiary information obtained by the Subcontracted Transportation Provider shall be treated as privileged and confidential information and shall be used only as authorized for purposes directly related to the administration of the Agreement. The Subcontracted Transportation Provider must have a process that specifies that beneficiary- specific information remains confidential, is used solely for the CTD MEDICAID NON- EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 38 of 53 � � J purposes of data analysis and other Subcontracted Transportation Provider responsibilities under the Agreement, and is exchanged only for the purpose of conducting a review or other duties outlined in a contract. Any beneficiary- specific information received by the Subcontracted Transportation Provider can be shared only with those agencies that have legal authority to receive such information and cannot be otherwise transmitted for any purpose other than those for which the Subcontracted Transportation Provider is retained by the Commission. The Subcontracted Transportation Provider must have in place written confidentiality policies and procedures to ensure confidentiality and to comply with all federal and state laws (including the Health Insurance Portability and Accountability Act (HIPAA) governing confidentiality, including electronic treatment records, facsimile mail, and electronic mail). The Subcontracted Transportation Provider's contracts with others must explicitly state expectations about the confidentiality of information. If provider- specific data are released to the public, the Subcontracted Transportation Provider shall have policies and procedures for exercising due care in compiling and releasing such data that address statutory protections of quality assurance and confidentiality while assuring that open records requirements of Chapter 119, Florida Statutes, are met. Any releases of information to the media, the public, or other entities require prior approval from the Commission. 11. Force Maieure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Agreement or interruption of performance resulting directly or indirectly from acts of nature, civil or military authority, acts of war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation to the extent such events are beyond the reasonable control of the party claiming excuse from liability resulting there from. 12. EEO Compliance The Subcontracted Transportation Provider shall not discriminate in its employment practices with respect to race, color, religion, age, sex, marital status, political affiliation, national origin, or handicap except as provided by law. 13. Patents Royalties Copyrights Right to Data and Sponsorship Statement The Subcontracted Transportation Provider, without exception, shall indemnify and save harmless the Commission and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unattended invention, process, or article manufactured or supplied by the Subcontracted Transportation Provider. The Subcontracted Transportation Provider has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by the Subcontracted Transportation Provider or is based solely and exclusively upon the Commission's alteration of the article. The Commission shall provide prompt written notification of a claim of copyright or patent infringement and shall afford the Subcontracted Transportation Provider full opportunity to defend the action and control the defense. Further, if such a claim is made or is pending, the Subcontracted Transportation Provider may, at its option and expense procure for the Commission the right to continue the use of, replace or modify the article to render it non - infringing (if none of the alternatives is reasonably available, the Commission agrees to return the article on request to the Subcontracted Transportation Provider and receive reimbursement, if any, as may be determined by a court of competent jurisdiction). If the Subcontracted Transportation CTD MEDICAID NON- EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 39 of 53 ME Provider uses any design, device, or materials covered by letter, patent, or copyright, it is mutually agreed and understood without exception that the proposed prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. Where activities supported by the Agreement resulting from this procurement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the Commission has the right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If the materials so developed are subject to copyright, trademark, or patent, legal title and every right, interest, claim, or demand of any kind in and to any patent, trademark or copyright, or application for the same, shall vest in the state of Florida, Department of State for the exclusive use and benefit of the state. Pursuant to section 286.021, Florida Statutes, no person, firm, corporation, including parties to this Agreement shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Florida Department of State. The Commission shall have unlimited rights to use, disclose, or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Subcontracted Transportation Provider under any contract. 14. Applicable Laws and Regulations The Subcontracted Transportation Provider agrees to comply with all applicable federal and state laws and regulations, including but not limited to: Title 42 Code of Federal Regulations (CFR) Chapter IV, Subchapter C; Title 45 CFR, Part 74, General Grants Administration Requirements; Chapters 409, Florida Statutes; 59G- 4.330 Florida Administrative Code; all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970 as amended (42 USC 1857, et seq.); Chapter 427, Florida Statutes; 41 -2, Florida Administrative Code; Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to persons served; 42 CFR 431, Subpart F; Section 504 of the Rehabilitation Act of 1973, as amended; 29 USC 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance; the Age Discrimination Act of 1975, as amended; 42 USC 6101 et. seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance; the Omnibus Budget Reconciliation Act of 1981, P.L. 97 -35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance; the Medicare- Medicaid Fraud and Abuse Act of 1978; other federal omnibus budget reconciliation acts; Americans with Disabilities Act (42 USC 12101, et. seq.); and the Balanced Budget Act of 1997. The Agreement may be subject to changes in federal and state law, rules or regulations. 15. State Ownership The Commission shall have unlimited rights to use, disclose, or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the Subcontracted Transportation Provider as a result of the Agreement. 16. Symbols, Emblems or Names in Reference to Medicaid No person or program may use, in connection with any item constituting an advertisement, solicitation, circular, book, pamphlet or other communication, or a broadcast, telecast, or other production, alone or with other words, letters, symbols or emblems the words "Medicaid," or "Agency for Health Care Administration," except as required by the Agreement, unless prior written approval is obtained from the CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 40 of 53 I.; Commission. State and local governments are exempt from this prohibition. A disclaimer that accompanies the inappropriate use of program or Commission terms does not provide a defense. Each piece of mail or information constitutes a violation. 17. Audits /Monitoring Provisions The Commission may conduct, or have conducted, performance and /or compliance reviews, reviews of specific records or other data as determined by the Commission. The Commission may conduct a review of a sample of beneficiary and other Subcontracted Transportation Provider records to verify the quality of the Subcontracted Transportation Provider's services. Reasonable notice shall be provided for reviews conducted at the Subcontracted Transportation Provider's or place of business. Reviews may include, but shall not be limited to, reviews of procedures, computer systems, accounting records, and internal quality control reviews. The Subcontracted Transportation Provider shall work with any reviewing entity selected by the state. The Commission is permitted to monitor and review the transportation operations and services of the Subcontracted Transportation Provider, services that are under agreement with a provider, or subcontracted services to Medicaid beneficiaries. This monitoring and review by said entities includes on -site visits and other monitoring methods to assure that the Subcontracted Transportation Provider and the Subcontracted Transportation Provider's subcontracted providers are complying with the requirements of the contract. These representatives shall also have access to all financial and statistical reports, supporting documents, and any other documents pertinent to this Agreement. CTD MEDICAID NON- EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 41 of 53 AGREEMENT #: t� j EXHIBIT B METHOD OF COMPENSATION For the satisfactory performance of the services and the submittal of Encounter Data as outlined in Exhibit A, Scope of Services, the Subcontracted Transportation Provider shall be paid up to a maximum amount of $ 514.259.00 . The Subcontracted Transportation Provider shall submit monthly invoices (3 copies) in a format acceptable to the Commission. The Subcontracted Transportation .Provider will be paid, after the Commission has received payment from ACHA, in equal payments of $ 42,855.00 per month, unless otherwise approved by the Commission's Executive Director. 1. Project Cost: The Subcontracted Transportation Provider shall request payment through submission of a properly completed invoice to the Commission Contract Manager or its designee. Once the Commission has signed the invoice for approval, the Commission shall submit the approved invoice to the DOT Disbursement Operations Office for payment to the Subcontracted Transportation Provider. Collier County $ 514,259.00 Total Amount not to Exceed $ 514,259.00 2. Disbursement Schedule of Funds Nov Dec Jan Feb Jul Aug Sept Oct FY 04/05 42,855 42,855 42,855 42,855 FY 05/06 42,855 42,855 42,855 42,855 Mar Apr May Jun 42,855 42,855 42,855 42,855 CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 42 of 53 AGREEMENT #f 4W ATTACHMENT1 CERTIFICATION REGARDING COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPPA) The undersigned Provider certifies and agrees as to abide by the following: Protected Health Information. For purposes of this Certification, Protected Health Information shall have the same meaning as the term "protected health information" in 45 C.F.R. § 164.501, limited to the information created or received by the Provider from or on behalf of the Agency. 2. Limits on Use and Disclosure of Protected Health Information. The Provider shall not use or disclose Protected Health Information other than as permitted by this Agreement or by federal and state law. The Provider will use appropriate safeguards to prevent the use or disclosure of Protected Health Information for any purpose not in conformity with this Agreement and federal and state law. The Provider will not divulge, disclose, or communicate Protected Health Information to any third party for any purpose not in conformity with this Agreement without prior written approval from the Agency. The Provider will report to the Agency, within ten (10) business days of discovery, any use or disclosure of Protected Health Information not provided for in this Agreement of which the Provider is aware. A violation of this paragraph shall be a material violation of this Agreement. 3. Use and Disclosure of Information for Management, Administration, and Legal Responsibilities. The Provider is permitted to use and disclose Protected Health Information received from the Agency for the proper management and administration of the Provider or to carry out the legal responsibilities of the Provider, in accordance with 45 C.F.R. 164.504(e)(4). Such disclosure is only permissible where required by law, or where the Provider obtains reasonable assurances from the person to whom the Protected Health Information is disclosed that: (1) the Protected Health Information will be held confidentially, (2) the Protected Health Information will be used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and (3) the person notifies the Provider of any instance of which it is aware in which the confidentiality of the Protected Health Information has been breached. 4. Disclosure to Agents. The Provider agrees to enter into an agreement with any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Provider on behalf of, the Agency. Such agreement shall contain the same terms, conditions, and restrictions that apply to the Provider with respect to Protected Health Information. 5. Access to Information. The Provider shall make Protected Health Information available in accordance with federal and state law, including providing a right of access to persons who are the subjects of the Protected Health Information. 6. Amendment and Incorporation of Amendments. The Provider shall make Protected Health Information available for amendment and to incorporate any amendments to the Protected Health Information in accordance with 45 C.F.R. § 164.526. 7. Accounting for Disclosures. The Provider shall make Protected Health Information available as required to provide an accounting of disclosures in accordance with 45 C.F.R. § 164.528. The Provider shall document all disclosures of Protected Health Information as needed for the Agency to respond to a request for an accounting of disclosures in accordance with 45 C.F.R. § 164.528. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 43 of 53 8. Access to Books and Records. The Provider shall make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Provider on behalf of, the Agency to the Secretary of the Department of Health and Human Services or the Secretary's designee for purposes of determining compliance with the Department of Health and Human Services Privacy Regulations. 9. Termination. At the termination of this Agreement, the Provider shall return all Protected Health Information that the Provider still maintains in any form, including any copies or hybrid or merged databases made by the Provider; or with prior written approval of the Agency, the Protected Health Information may be destroyed by the Provider after its use. If the Protected Health Information is destroyed pursuant to the Agency's prior written approval, the Provider must provide a written confirmation of such destruction to the Agency. If return or destruction of the Protected Health Information is determined not feasible by the Agency, the Provider agrees to protect the Protected Health Information and treat it as strictly confidential. CERTIFICATION The Provider has caused this Certification to be signed and delivered by its duly authorized representative, as of the date set forth below. Collier County Board of County Commissioners Subcontracted nsportation Provider ' // 30 Signature Date Name and Title of Authorized Signer Approved J1 t e ®al sufficiency ii ATTEST: DWIGHTE. BROCK, ER ^ beputyClerk Attut act cha IX. signatwre Sri �ti CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 44 of 53 16B3 AGREEMENT ATTACHMENT 2 DRUG -FREE WORKPLACE CERTIFICATION In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection 1). 4. In the statement specified in subsection 1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no to contendere to, any violation of Chapter 893 or of any controlled substance law of the United States of any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. //JJ Authorized 406tu #e';L ATTEST: DWIGHT E; %KtLERK ` ejCsrii Attest as to 60 ►w signature arr? y CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 45 OF 53 /J 0 Z3— Date AGREEMENT #: ATTACHMENT 3 FINANCIAL AND COMPLIANCE AUDIT 1663 The administration of resources awarded by the Commission for the Transportation Disadvantaged to the Subcontracted Transportation Provider may be subject to audits and /or monitoring by the Commission. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Agency staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this agreement, the Subcontracted Transportation Provider agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the Subcontracted Transportation Provider is appropriate, the Subcontracted Transportation Provider agrees to comply with any additional instructions provided by the Commission to the Subcontracted Transportation Provider regarding such audit. The Subcontracted Transportation Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I Federally Funded This attachment is applicable if the Subcontracted Transportation Provider is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. In the event that the Subcontracted Transportation Provider expends $300,000 or more in Federal awards in its fiscal year, the Subcontracted Transportation Provider must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. PART VI of this agreement indicates Federal resources awarded through the Commission. In determining the Federal awards expended in its fiscal year, the Subcontracted Transportation Provider shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Subcontracted Transportation Provider conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 1. In connection with the audit requirements addressed in Part I, paragraph 1., the Subcontracted Transportation Provider shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the Subcontracted Transportation Provider expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Subcontracted Transportation Provider expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 46 of 53 paid from non - Federal resources (i.e., the cost of such an audit must be paid from the Subcontracted Transportation Provider resources obtained from other than Federal entities). 2. Information concerning this section can be found on the Federal Office of Management and Budget Web page at: http: / /www.whitehouse.gov /omb /index PART II: State Funded This part is applicable if the Subcontracted Transportation Provider is a non -state entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the Subcontracted Transportation Provider a total amount of State Financial Assistance (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such Subcontracted Transportation Provider, the Subcontracted Transportation Provider must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. PART VI of this agreement indicates State Financial Assistance awarded through the Commission by this agreement. In determining the State Financial Assistance expended in its fiscal year, the Subcontracted Transportation Provider shall consider all sources of State Financial Assistance, including State Financial Assistance funds received from the Commission, other state agencies, and other non -state entities. State Financial Assistance does not include Federal direct or pass- — through awards and resources received by the non -state entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the Subcontracted Transportation Provider shall ensure that the audit complies with the requirements of Section 215.97 (7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. If the Subcontracted Transportation Provider expends less than $300,000 in State Financial Assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Subcontracted Transportation Provider expends less than $300,000 in State Financial Assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Subcontracted Transportation Provider's resources funds obtained from other than State entities). 3. Information concerning this section can be found on the State of Florida Web page at: http : / /www.myflorida.com /myforida/ government /governorinitiatives /fsaa/ PART III: Other Audit Requirements 45 CFR, Part 74.26(d) extends OMB requirements, as stated in Part I above, to for - profit organizations. PART IV: Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 47 of 53 16B3 Circular A -133, as revised, by or on behalf of the Subcontracted Transportation Provider directly to each of the following: Commission for the Transportation Disadvantaged State of Florida Auditor General 605 Suwannee Street, MS -49 Room 574, Claude Pepper Building Tallahassee, FL 32399 -0450 111 West Madison Street Tallahassee, FL 32302 -1450 Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Subcontracted Transportation Provider shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Commission at the Commission's Contract Manager. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the Subcontracted Transportation Provider directly to each of the following: Commission for the Transportation Disadvantaged State of Florida Auditor General 605 Suwannee Street, MS -49 Room 574, Claude Pepper Building Tallahassee, FL 32399 -0450 111 West Madison Street Tallahassee, FL 32302 -1450 Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the Subcontracted Transportation Provider directly to: Commission for the Transportation Disadvantaged State of Florida Auditor General 605 Suwannee Street, MS -49 Room 574, Claude Pepper Building Tallahassee, FL 32399 -0450 111 West Madison Street Tallahassee, FL 32302 -1450 C. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Any reports, management letters, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. Subcontracted Transportation Providers, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A -133, or /and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for - profit) organizations, Rules of the Auditor General, should indicate the date that the reporting package was delivered from the auditor to the Subcontracted Transportation Provider in correspondence accompanying the reporting package. This can be accomplished by providing the cover letter from the reporting package received from the auditor or a cover letter indicating the date the audit reporting package was received by the Subcontracted Transportation Provider. PART V: Record Retention CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 48 OF 53 J The Subcontracted Transportation Provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The Subcontracted Transportation Provider shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued unless extended in writing by the Commission. NOTE: Section .400(d) of the OMB Circular A -133, as revised, and Section 215.97 (5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Part VI of this attachment be provided to the Provider organization if the Provider is determined to be a recipient. If Part VI is not included the Provider has not been determined to be a recipient as defined by the above referenced reverenced federal and state laws. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 49 of 53 AGREEMENT #: ATTACHMENT 3 GLOSSARY ADA (Americans with Disabilities Act) -- Includes regulations for agencies and entities that provide services to persons with disabilities. Business Day -- The business office must be open at a minimum between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Climate Control System -- The heating or air conditioning system of the vehicle in question. CMS (Centers for Medicare and Medicaid Services) -- The organizational unit of DHHS responsible for administering Title XIX of the Social Security Act, which is Medicaid. DHHS -- The United States Department of Health and Human Services. Deliverable -- Each documentation, report, manual, and every other item that the Subcontracted Transportation Provider is required to produce under the terms and conditions of this Agreement. Dependent -- An individual under the age of eighteen (18). A dependent may be a Medicaid recipient. Dispatching -- The act of designating a specific vehicle and driver to pick -up and deliver a Medicaid recipient. Eligible (Medicaid Eligible) -- A person who is determined to be eligible for Medicaid services by the Social Security Administration, or Department of Children and Families. Emergency Care -- Care that is medically necessary as a result of a sudden onset of a medical condition manifesting itself by acute symptoms of such severity that the absence of immediate attention could reasonably be expected to result in serious dysfunction of any bodily part or death of the individual. Encounter Data - Data on transportation services provided to Medicaid recipients. Escort -- An individual whose presence is required to assist a recipient during transport and while at the place of treatment. Escorts cannot be charged any cost for transportation when accompanying a recipient requiring assistance. EVS (Eligibility Verification System) — A system for verifying recipient eligibility for Medicaid services, usually by direct, on -line computer hook -up. Fixed Route — Service in which the vehicle(s) repeatedly follows a consistent time schedule and stopping points over the same route, whereby such schedule, route or service is not at the user's request. Gatekeeping -- The verification that a caller is actually an eligible Medicaid recipient, that Medicaid transportation is needed, and the appropriate type of transportation needed. Independent Contractor -- See transportation provider. In State /Out -of -State Travel -- In -state travel refers to all NET services the Subcontracted Transportation Provider is responsible to assure delivery within the boundaries of the State of Florida and within a line CTD MEDICAID NON- EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 50 of 53 Lwk] drawn outside the Florida border. Out -of -state travel refers to travel outside of the predetermined border limit. Intake and Screening -- See Gatekeeping. Medicaid ID Number — A unique identification number assigned to each Medicaid recipient for eligibility card issuance and claims submittal purposes. Medical Necessity -- Medicaid reimburses for transportation services if they do not duplicate another provider's services and are determined medically necessary by meeting all of the following criteria: Individualized, specific, consistent with symptoms or confirmed diagnosis of the illness or injury under treatment, and not in excess of the recipient's needs; not experimental or investigational; reflective of the level of services that can be safely furnished, and for which no equally effective and more conservative or less costly treatment is available statewide; and furnished in a manner not primarily intended for the convenience of the recipient, the recipient's caretaker, or the provider. The fact that a provider has prescribed, recommended, or approved medical or allied care, goods, or services does not, in itself, make such care, goods or services medically necessary or a covered service. Medicare -- The federal medical assistance program that is described in Title XVIII of the Social Security Act. It is not the same as Medicaid. Minibus -- A multiple passenger van, and also includes buses, sedans, and taxi. Monitoring — The Commission shall monitor the Subcontracted Transportation Provider's performance of duties under this Agreement by a variety of methods. Satisfactory, quality performance is required. NET (Non - Emergency Transportation) — In accordance with federal regulations (42 CFR 431.53), the Non - Emergency Transportation (NET) program offers transportation services for Medicaid recipients who need to secure necessary medical care and have no other means of transportation. NET Trip -- A one -way transportation service from the recipient's place of origin to the place where a covered medical service will be provided to that recipient or the reverse or from one covered medical service to another. NF -- Nursing facility or nursing home. Non - Emergency Transportation Services -- These are non - emergency transportation services provided to Medicaid recipients by Subcontracted Transportation Providers and transportation operators that provide recipients with access to necessary medical services when the recipients have no other personal transportation available. Operational Procedures Manual -- A manual developed by the Subcontracted Transportation Provider that presents the procedures for scheduling, after -hours services, urgent care, driver customer service standards, record keeping requirements for drivers, etc. Public Transportation -- City, county or municipal subway, bus, rail, and other transportation services available in a number of locations in Florida. Recipient — An individual eligible for medical assistance in accordance with the State's Medicaid program who has been certified as such by the Social Security Administration and the Department of Children and Families. Recipient Appeal -- Recipients have the right to appeal when the Provider has denied or terminated or suspended NET services to them. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 51 of 53 MWn Recipient Residency -- The county or service area within which the Medicaid recipient is regularly domiciled. Reservation -- The verification of a trip for a recipient at a specific time and place for pick -up and delivery to a specific destination. Scheduling — The process through which a Medicaid recipient contacts the Subcontracted Transportation Provider who assigns the trip to the most appropriate transportation provider. Normally, this must be done at least three (3) days before the NET service is required. Scheduling Day /Hours -- Any day or time when the Subcontracted Transportation Provider is expected, under the terms of this Agreement, to have personnel available for scheduling NET services. Designated hours during which scheduling of appointments can be done is a mandated function of the Subcontracted Transportation Provider. Service Agreement — An Agreement between a Commission and a subcontracted transportation provider for the delivery of transportation services. Social Security Administration (SSA) -- The federal agency that determines eligibility for SSI, including Medicaid benefits. State -- State of Florida. State Medicaid Plan -- The comprehensive written commitment by a Medicaid agency, submitted under section 1903(a) of the Social Security Act, to administer or supervise the administration of a Medicaid program in accordance with federal and state requirements. Stretcher (Non - emergency) Van -- An enclosed vehicle that accommodates a litter and is equipped with locking devices to secure the litter during transit. Recipients using this vehicle must be non - ambulatory and need the assistance in order to be transported to and from the vehicle and health care provider in a reclined position. No flashing lights, sirens or emergency equipment are required. Subcontractor -- A person, company or organization the Commission enters into a Contract with to provide the services delivered under this Agreement SSI (Supplemental Security Income) -- A type of cash assistance received by individuals determined eligible by the Social Security Administration. Medicaid benefits are included in the eligibility determination made by the Social Security Administration. TTY (Text Telephony) -- A specially designed telephone device equipped with a keyboard and small screen, which allows two -way conversation. This service may also be available in software to modem personal computer compatibility. Transportation Operator -- Those entities that own and operate vehicles engaged in the direct delivery of transportation and provide services to recipients through the scheduling of the Subcontracted Transportation Provider. Transportation Service Agreement -- An agreement between the Commission and a transportation provider for the delivery of transportation services. Urgent Care -- An unscheduled episodic situation in which there is no threat to life or limb but the recipient must be seen on the day of the request under currently accepted standards of care. Treatment cannot be put off until the next day. Hospital discharge shall also be considered as urgent care. This requirement shall also apply to appointments established by medical care providers allowing insufficient time for routine three (3) day scheduling. Valid requests for urgent care transport shall be acknowledged for scheduling within three (3) hours of the time the request is made. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 52 of 53 �i Vehicle Identification Number (VIN) — The unique number given to each vehicle produced by a manufacturer. Vehicle Log -- A log which is kept by the vehicle driver that reports information on all trips with that vehicle: names of driver and recipients, times, pick -up and delivery points, and odometer readings. Vendor -- An entity that is responsible for recruiting and contracting with transportation providers; payment administration; quality assurance of services; and administrative oversight and reporting. Volunteer Transportation — Transportation provided by individuals or agencies that receive no compensation or payment other than minimal reimbursement for mileage for the provision of these transportation services. Wheelchair Van -- A van equipped with lifts and locking devices to safely secure a wheelchair while the van is in motion. Work Day -- For purposes of establishing business hours and satisfying reporting requirements: a minimum of Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. with the exception of New Years Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day and the day after, and Christmas Day. CTD MEDICAID NON - EMERGENCY TRANSPORTATION (NET) AGREEMENT PAGE 53 of 53 MEMORANDUM Date: December 01, 2004 To: Margaret Ramos Transportation /Road Maintenance From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Adopt -a -Road Agreements with : Citizens Association of Bonita Beach Downing -Frye Realty Brynwood Corporation Enclosed please find one (1) copy of each document referenced above (Agenda Item #16134), as approved by the Board of County Commissioners on November 30, 2004. If you should have any questions, please call me at 774 -8411. Thank you. Enclosure (3) ' . N ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO _ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document, Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are.to be forwarded to the Board Office only after the Board has taken action'on )e item. ,. A ,.: ; k ;; .. .,, ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Rbute to Addressee(s) - Office °A Ltitials Date ; List in routing order *� a� `� bil3iF, +t Agenda Date Item was -App roved b the BCC November 30, 2004 . w �. Agenda Item Number 1 b t. =,.mot« ,,..'r #v«> ` ;, Type of Document Adopt -a -Road Agreements , Number of On ' al gin al 3 Vn Attached a ' Documents- `Attached contracts, agreements, etc. that have been fully executed by all parties ex- pf &` BCC 2. Chairman and Clerk to the Board and possibly State Officials. ) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's K Office and all other parties except the BCC Chairman and the Clerk to the13oard n'° 'A°` 3. The Chairman's signature line date has been entered as the date of BCC approval of then document or the final negotiated contract date whichever is ' . licable. 1 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ° signature and initials + are required. - y 5. In most cases (some contracts are an exception), the original document and this routing slip ..; f *.. should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. NIA 5. Sue Filson, Executive Manager Board of County Commissioners ,- l�, fy, e '� . Kli. L. ^,}*',13 PRIMARY CONTACT INFORMATION g (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the'person who created%prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson,need to contact staff for additional or missing , information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to the item.) Name of Primary Staff Margaret A. Ramos Phone Number 239-774-8924 Contact *� a� `� bil3iF, +t nj ' , N � Agenda Date Item was -App roved b the BCC November 30, 2004 . w �. Agenda Item Number 1 b t. =,.mot« ,,..'r #v«> ` ;, Type of Document Adopt -a -Road Agreements , Number of On ' al gin al 3 Vn Attached a ' Documents- `Attached INSTRUCTIONS '& CHECKLIST . t F 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 anitial nate.es column or mark "N /A" in the Not Applicable column, whichever is ,4 Yes ' ZYIA (Nat fi Initial ; A [ic,ble 17 Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be revievi+ed4and "s ed ` ;, by the Office of the County Attorney. This includes signature�pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages "'roin contracts, agreements, etc. that have been fully executed by all parties ex- pf &` BCC Chairman and Clerk to the Board and possibly State Officials. ) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the13oard n'° 'A°` 3. The Chairman's signature line date has been entered as the date of BCC approval of then document or the final negotiated contract date whichever is ' . licable. 1 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ° signature and initials + are required. - 5. In most cases (some contracts are an exception), the original document and this routing slip ..; f *.. should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. NIA Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 �i COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this 3o -aday of N vEM s FR , 200W, by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Citizens Association of Bonita Beach (hereinafter the "GROUP "), whose address is Bonita Springs, Florida 34134. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter -free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Bonita Beach Road from Fish Trap Bay to The Gulf (the "Adopted Roadway "), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a 1684 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt -A -Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over - passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre - printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 1684 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month -to- month, at -will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either parry, the GROUP will immediately return all County -owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 1684 E. NO ASSIGNMENT: This Agreement is non - transferable and non - assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATTEST: /c? "/'0 DWIGHT E. BROCK, Clerk By: X, Deputy Clerk and legal sufficiency: Jeffrey A w Assistant POITAttomey BOARD OF COUNTY COMMISMONW OF COLLIER COUNTY, FLORID . r - By: .' Do a Fiala, Chairman � r GROUP: CITIZENS ASSOCIATION OF BONITA BEACH By: - �.U�CJ' . Name rint): A K.iOR 1& r- 44"D Title (print): mss +o &-ur - Phone # (day): .,31- 42 -5153 Phone # (night): S A M e FA) -* 7.'59- 1 -at53 4 Item# 1`15 4 Agenda / / -ga -OY Date — Date 11- 3o.05/ Recd 1684 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this 27 day of _d) _, 20pl, by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Downing -Frye Realty (hereinafter the "GROUP "), whose address is 3411 Tamiami Trail N., Naples, Florida 34103. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter -free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Goodlette Road Ext. from Pine Ridge Road to Carica Road (the "Adopted Roadway "), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a ♦i safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt -A -Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over - passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre - printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month -to- month, at -will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County -owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 1h64 E. NO ASSIGNMENT: This Agreement is non - transferable and non - assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATTEST: A - / - 0'/ DWIGHT E. BROCK, Clerk Ey :G� a. ", L& Deputy Clerk Att"t " to Cha i raft' s sivatw* 041y. form and legal sufficiency: Jeffreyl�. I�lafzk'ow Assis t unty Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIE OUNTX,-FLO DPI By: ` Don6 Fiala, Charman ' GROUP: DOWNING -FRYE REALTY By: Name(print): 411 f/ Py Title (print):, Phone # (day): Phone # (night): — r-4 n W 1664 COLLIER COUNTY ADOPT -A -ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT -A -ROAD AGREEMENT entered into this � Wday of „ 20Qt, by and between Collier County (hereinafter the "COUNTY "), and the volunteer group, Brynwood Corporation (hereinafter the "GROUP "), whose address is 4110 Enterprise Avenue #214, Naples, Florida 34104. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter -free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter -free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Airport - Pulling Road from Vanderbilt Beach Road to Immokalee Road (the "Adopted Roadway "), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: 1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a 16B4'* safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt -A -Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over - passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre - printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 �a B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month -to- month, at -will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County -owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. 3 •i E. NO ASSIGNMENT: This Agreement is non - transferable and non - assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATTEST: DWIGHT E. $R(C`K;'e"rlc By: ,'�uj Clerk Attu ��n ° s �:. tJg��r„ BOARD OF COUNTY COMMISSIONERS OF COLLIE OUNTY, FLORIDA By- J,1_4z Doi6a Fiala, Chairman n W na Title (0;ivAj` _ Phone # (day): . Phone # (night) CORPORATION I5►j46ilrl,A EW ♦�i� f: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL1 6 B6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the rhe..oklist_ nnrd forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. cx��0. (Initial) Applicable) 2. ` Agenda Item Number 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. ' ` Number of Original Documents Attached 5. Sue Filson, Executive Manager Board of Coiky Commissioners PRIMARY CONTACT INFORMATION bb (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff \ `r �'�a.`r� Phone Number —T–v ko Contact cx��0. (Initial) Applicable) Agenda Date Item was ` Agenda Item Number Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Attached ' ` Number of Original Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's .�Yt Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the /K document or the final negotiated contract date whichever is applicable. F� 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. �/y( �– \ 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 ITEM NO.: FILE NO.: ROUTED TO: [HE DATE RECEIVED: i.:OUNTY AT T ORNEV - 00 2005 JAS 2: 4 8 Os— ERG 62. _ DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 12, 2005 To: Scott Teach Assistant County Attorney From: Brenda Brilhart Purchasing Agent 774 -8446 Pe dt Re: Contract #04 -3649 "Collier County Landscape Beautification Master Plan- Golden Gate Boulevard Project" Contractor: Hannula Landscaping, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on November 30, 2004; Agenda Item This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. � • Memorandum DATE: January 12, 2005 TO: Sheree Mediavilla, Senior Analyst Risk Management Department i FROM: Brenda Brilhart Purchasing Agent RE: Review of Insurance for: Contract #04 -3649 -- "Collier County Landscape Beautification Master Plan- Golden Gate Boulevard Project" Contractor: Hannula Landscaping, Inc. This Contract was approved by the BCC on November 30, 2004; Agenda Item 16.B.6. Please review the Insurance Certificate and Payment and Performance Bonds in this Agreement for the referenced Contract. If everything is acceptable, please forward to the County Attorney for further review and approval. I would appreciate it if you would advise me when it has been forwarded. If you have any questions, please contact me at ext. 8446. CC: Pam Lulich, Trans /Traffic Ops /ATM MEMORANDUM Date: January 14, 2005 To: Brenda Brilhart Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #04 -3649 with Hannula Landscaping, Inc. "Collier County Landscape Beautification Master Plan- Golden Gate Boulevard Project" Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16B6), approved by the Board of County Commissioners on Tuesday, November 30, 2004. We have kept a copy for the official public record and have also provided the Finance Department with a copy. If you should have any questions, please contact me at 774 -8406. Thank you. Enclosures (3) 16 B6 / Collier County Landscape Beautification Master Plan - Golden Gate Boulevard Project COLLIER COUNTY BID NO. 04 -3649 COLLIER COUNTY, FLORIDA (Transportation Landscaping Projects) Design Professional: Outside Productions, Inc. 25241 Elementary Way, Suite 103 Bonita Springs, FL. 34135 COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 16 86 TABLE OF CONTENTS A. PUBLIC NOTICE /LEGAL ADVERTISEMENT B. INSTRUCTIONS TO BIDDERS C. BID PROPOSAL, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT E -1: Work Directive Change EXHIBIT F1: Certificate of Irrigation Substantial Completion Form EXHIBIT F2: Certificate of Landscaping Substantial Completion Form EXHIBIT G: Final Payment Checklist - EXHIBIT G1: Certificate of Landscaping Final Completion EXHIBIT G2: Landscaping Warranty EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Plans and Specifications prepared by Outside Productions, Inc. and identified as follows: Collier County Landscape Beautification Master Plan - Golden Gate Boulevard Project as shown on the Title Sheet, and _We Plan Sheets L1 through L6, and IR -1 through IR -7. ib 86 r PART A - PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Collier County Landscape Beautification Master Plan - Golden Gate Boulevard Project COUNTY BID NO. 04 -3649 Separate sealed proposals for the construction of Collier County Landscape Beautification Master Plan- Golden Gate Boulevard Project, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 21St day of September 2004, at which time all proposals will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department Conference Room, Purchasing Building "G" at 10:00 A.M. LOCAL TIME on the 10th day of September 2004, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Proposal for Collier County Government, Collier County, Florida, Collier County Landscape Beautification Master Plan - Golden Gate Boulevard Project, County Bid No. 04 -3649 and Bid Date of September 21, 2004 ". No bid shall be considered unless it is made on the Bid Schedule, which is included in the Bidding Documents. The Bid Proposal (TR -P -1 through TR -P -13) shall be removed from the Bidding Documents prior to -- submittal. One contract will be awarded for all Work. Bidding Documents may be examined in the office of the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112, 239 - 774 -8407, upon payment of $50.00 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw -Hill Construction Dodge 2830 Winkler Avenue Ft. Myers, FL 33916 TR -PN -1 L 16 86 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The successful Bidder shall be required to furnish the necessary Performance and Payment Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Performance and Payment Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Performance and Payment Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the work contemplated herein, the County shall conduct such investigations, as it deems necessary to determine the performance record and ability of the _ apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the County to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred forty (140) calendar days from and after the Commencement Date specified in the Notice to Proceed. The County reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date. Dated this 31St day of August 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Stephen Y. Carnell Purchasing /General Services Director TR -PN -2 16 66 4 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his /her duties specified in this agreement to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages TR- P -1 to TR -P -13 as bound in these Bidding Documents). The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule, which shall be signed and dated by the bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. 16 B6 4 Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in Naples, Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the successful Bidder fails to execute and deliver to County the Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award said alternates at a later time but no later than 120 days from opening, unless otherwise authorized by the Purchasing Director. 3.2 The Successful Bidder shall execute four (4) copies of the Agreement and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Proposals 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president or a vice president, and a corporate seal must be affixed and attested to by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. 5.2 Bid proposals by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. L 6 B6 # 5.3 If Bidder is an individual, his/her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Proposals Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents -- 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is mandatory. In instances were the County has deemed the pre -bid to be Mandatory, the Bidder's failure to attend the pre -bid conference shall result in the rejection of its bid. 19CaII -W ly B6 0 Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials that they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, for should conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. ., 16 86 # Section 12. Award of Contract Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest with the Purchasing Director in writing prior to the time of the bid opening. Award of contract shall be made to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner through its use of subcontractors. The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from bidding by the County, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. When the contract is awarded by Owner, such award shall be evidenced by a Notice of Award, signed by the Project Manager of Owner and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. Award of Contract will be made by the Board of County Commissioners in public session. Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the offices of the Purchasing Director. For Bidders who may wish to receive copies of Bids after the Bid opening, The County reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption ( #21 -07- 019995 -53c) upon contract award. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida the Bidder is acknowledging that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes. Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the Bidder is acknowledging that it is aware of its responsibilities for Federal excise taxes. Section 14. Exclusion of County Permits in Bid Prices 16 Bb 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the work contemplated by this contract is performed in a professional and timely manner, all subcontractors shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the contract requirements and has the integrity and reliability to assure good faith performance. A subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the contract within the time required. Owner reserves the right to disqualify a Bidder who includes subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Contract. Section 16. Prohibition of Gifts -° No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2003 -53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. lb B6 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION NAPLES, FLORIDA 34112 (239) 774 -8965 — FAX (239) 732 -0844 www.colliergov.net ADDENDUM #2 DATE: September 23, 2004 TO: Interested Bidders FROM: Pamela Lulich, RLA, Project Manager, Transportation Department renda Brilhart, Purchasing Agent, Purchasing Department SUBJECT: Addendum #2: Bid #04 -3649 -- "Collier County Landscape Beautification Master Plan -- Golden Gate Boulevard" Addendum # 1 covers the following clarification for the above - referenced Bid for questions raised at the Pre -bid meeting held September 10, 2004. Question #1: Request for a clarification on the type of South Florida Water _.. Management Permit required for the prgect and the specifications needed for the depth of the proposed well. Is 3 -phase power available at the proposed well? Answer: The well permit for Golden Gate Blvd is permit #11- 02014 -W, it is an individual permit for the Lower Tamiami aquifer. Well #1 has been drilled, 6" diameter, 100 feet total depth, 70' approx cased depth, the pump intake elevation (NGVD) —35 feet. (Well permit information available from the SFWMD or Collier County). The irrigation field notes from the original irrigation installation are attached. (See field notes from James Abney). There is 3 -phase power available. Question #2: Is the #2 irrigation system included in the bid? -- Answer: Yes. Question #3: Request for more information and clarification on the existing Hoover Pumps, which will be provided by Collier County. Answer: The Hoover Pumps were purchased by Collier County and wilL& fur�Qd to current Hoover standards and retest by Hoover Pump prior to installation. The Contractor is responsible for the installation and start-up of the Hoover Pump stations including the installation of the submersible pump and motor. (See Bid Schedule V. Irrigation Materials, Item 2., page TR -P -2b) The model number for Station #1: HSF- 7.5PD- 230 /3 -AWG; Station #2: HSF- 7.5PD- 230/3 -AWG. General information: Discharge Header Size: 2 "; Suction Discharge Connections: B. Victaulic Couplings, Tank WM -6, Flowmeter: 2 "Bermad 910P W/o soli, Treaded installation, Skid Type: 3'x4' aluminum (4' hinge), SKID NOTES: 2" Bermad flow meter with rate and total display (reed switch connection to Motorola by customer) - and add control pilots to make it a control valve). VALVE NOTES: Discharge of station. Dorot 2" cast iron NO shut off valve with solenoid, for connection to Motorola controller by customer. INSTALL NOTES: Install 3" galvanized steel drop pipe set up to 40' depth with galvanized roll - groove fittings up to 15' to existing well, electrical cable, well seal, and 4" submersible pump. Install 3" roll - groove station discharge pipe and fittings to below grade with 30" long PVC adapter. Confirm well size and draw down depth with customer before installation. NOTES: Build similar to Radio Road ID #3187. Build same as I D #3611. Question #4: Request for clarification for FPL responsibilities. Answer: Collier County is contracting directly with EB Simmonds, an annual on -call electrical contractor for all 3 phase electrical connections, electrical meters, Motorola panel connection to power source. EB Simmonds will be responsible for electrical permits for the 3 phase connections. The landscape contractor is responsible for all irrigation connections from the field to the controller. Question #5: Clarification requested for controller installation. Answer: The controller installation is by Collier County. The landscape contractor is responsible for all irrigation connections from the field to the controller. Question #6: Request for line item addition in bid schedule for wire. �. Clarification requested as to how many wires are listed in the calculation. Answer: The wire size and specifications are listed on the plans. 14 Gauge solid _.. copper insulated wire suitable for direct burial application. The contractor is responsible for the wire take -off. Question #7:Request that the s/eeving lengths and extensions be verified on the bid schedule to match the FDOT specification where sleeving bores are extended 8 feet beyond the asphalt surfaces and 4 feet beyond the concrete per specification. Answer: The amount estimated from the construction plans is 6' beyond edge of pavement for vehicular crossings and 36" at pedestrian crossings. The additional lengths to meet FDOT specifications will not be added to the bid schedule because of the limited right of way. Question #8:Request that a line item be added for South Florida Water 16 Management District permitting. Answer: A line item will be added for the renewal of an Individual South Florida Water Management District well permit. This is a modification to a permit that expires February 28, 2004. The renewal documents are part of the addendum. A line item for SFWMD permit has been added for General South Florida Water Management District well permitting (Unit Lump Sum) and a line item for the renewal of the Individual South Florida Water Management District well permitting (Unit Lump Sum). Question #9 :What type of pipe was used for existing system? Verification requested for the location of the existing irrigation system. Answer: Review plans for existing irrigation information. (See field notes prepared by James Abney, dated November 27, 2001). The specification is 4" Class 200 PVC Gasket irrigation main. Question #10: Request that an additional line item be added for soil (cubic yard) Answer: A line item for Tree /Shrubs and Groundcovers, Planting soil mix per section 3., page TR- CA -J -26 installed price, Quantity 1 CY will be added to the bid schedule. Question #11: Request that the Landscape architect substitute the Cassia tree for another. Answer: Cassias will be permitted within the design. The use of this tree will be limited in future plantings. Question #12: Request that the County provides a specification for median backfill soil and adds a line item for this type of soil (cubic yards). (See attachment TECHNICAL SPECIAL PROVISION: MEDIAN BACKFILL/SCREENED LANDSCAPE TOPSOIL) Answer: A line item for MEDIAN BACKFILUSCREENED LANDSCAPE TOPSOIL installed, Quantity 240 CY will be added to the bid schedule. Question #13: Verification requested for the Engineer's estimate for this project. Answer: The engineer's estimate for this project is approximately $354,250. Question #14: Can the substantial completion of the irrigation portion of the project be extended from calendar days to working days? Answer: No. Add the following to paragraph 6, page TR -PN -2, "The irrigation work shall be completed within sixty (60) calendar days from the commencement date. The landscaping work shall be substantially completed within one hundred twenty (120) days from the commencement date. The date of substantial completion of work (or designated portions thereof) is the date certified by the owner that construction is sufficiently complete. The work shall reach Final completion and be ready for final 16 86 M acceptance by Owner within one hundred forty (140) calendar days from the commencement date (herein "contract time "). Question #15: Is compaction testing required for the brick paver base installation? Answer: Yes. When the graded aggregate is placed over the compacted subgrade, the contractor is to provide the compacted thickness of base as indicated on the plans (5" thickness). The compacted base shall be 100% of maximum density achieved in accordance with ASTM Specification D.698 (100% Standard Protector maximum dry density). The upper surface of the base shall be sufficiently well graded and compacted to prevent infiltration of bedding sand into the base both during construction and throughout the service life. The subbase is to be extended 12" past the paver layout in order to secure the mortar /edge restraint from the edge of the paver to the base. Note: Please review line item #23 on the bid schedule because it has been modified. If you require additional information please call Pamela Lulich, Transportation Department at 239/774 -8192 or contact her via e-mail at pamlulich @colliergov.net or me at 239/774 -8446 or by e -mail at Brenda Brilhart cCDcolliergov.net. Cc: Pam Lulich, Project Manager Darryl, Richard, Project Manager Scott Windham, Landscape Architect File 4 wm 16 B6 SOUTH FLORIDA WATER MANAGEMENT DISTRICT • 3301 Gurr C1ub Road, West Pairn Beach, Florida 33406 • (5W) 686 -8800 • FL WAYS 1 -8010- 432 -2{045 TDD (561) 697 -2574 flailing AdLiress: P.O. Box 24680, West Palm Beach, FL 33416-4680 • wwNv.sf-vvtnd..l;ov September 22, 2004 11- 02014 -W GOLDEN GATE BOULEVARD 4 -LANE IMPROVEMENTSkECEIVED 3301 EAST TAMIAMI TRAIL NAPLES FL 34112 SEP 2 1 2004 Dear Land Owner: STORMVYATER MGMT• , V �1 t, Subject: Permit Renewal of the Lower West Coast Basin A J Do you use water from a well or surface water for irrigation? Are you watering an area other than a lawn at a single family home or duplex? Do you have a water use permit (or do you need one)? Are located in the Lower West Coast Basin A (see map)? If the answers to these questions are yes, you need to apply to renew your (or get a new) water use permit before Febivary 28, 2005. Florida law requires a water use permit for all self supplied uses of water except single family or duplex homes. Don't get caught without one! Enclosed, you will find the application forms that need to be completed and submitted to renew your permit (or to get a new permit). In addition to the application forms enclosed if available, is a summary of the information currently in our database about the crops, wells, irrigated acreage, pumps, culverts, and a site map for your project is included for your review. To make additions or corrections a blank copy of the tables with instructions are enclosed as well as a fee table containing application fees which are based on allocation, acreage, and use type. As the applicant, it is essential that you verify all the information is accurate and record any changes that have been made. The signed application forms (with 4 copies) and fee should be submitted to our office. To further assist you in the process a workshop is scheduled at the Big Cypress Basin Office , 6089 Janes Lane, Naples, FL 34109, on October 7, 2004, starting at 10 am. Staff will be present to assist you with any questions concerning the enclosed forms. If you require additional assistance please call our office to schedule a meeting with a member of the permitting staff at our renewal hotline number 1- 800 -547 -2694. Additional information regarding the renewal process including basin renewal maps may also be found on our web page: www.sfwmd.Rov under the headings of what we do, permitting, water use renewals. I look forward to working with you in securing your rights to use water. Sincerely, Wm. Scott Burns, P.G., Director Water Use Regulation Division SEP 2 2 2004 3.6-x- -T, 1�. GoVFR,N1.VC. BOAR? EyEclmvE On:res Nicolas J. Gutierrez, Jr., &,q., Clair Michael Collins Kevin. McCarty Henry Dean, Execuiaw Director Pamela Brooks- Thomas, Vi(t -Chair Hugh M. Friglish [tar 1R. Thornton lreia M_ 13ague Lennart E. Lindahl, RE. Trudi K. Williams, P.F. r 0> >o> Zc...t1 3> O Z 2 :t7 Q tot >oz l z (n Zp -: ____ _ _ ," _� - - - - - -- �n. Lo,�9 ' � a i_ - - -_. @ - -_ - -. ® y ( w wwt r 7 ! iii gg U ..- _- - -.a_: - ` - - - - - -- -- - - - - -- , 00 GWAAotjo � tai 16 B6 4 Water Use Permit Renewal Application Checklist In order to facilitate your application for renewal of your water use permit, we are enclosing + A blank Water Use Application Form (Form 0645 -WO 1), + A summary of the information currently in our database about the crops, wells, pumps and culverts for your project site: + A map showing the extent of your project site, and location of wells, pumps and culverts on the project site based on the information in our database • Blank copies of Table A, Description of Well (Dorm 0645 -G60). Table B, Description of Surface j Water Pumps (Form 0645- G61 -1), Table C. Description of Culverts (Form 0645- G61 -2), and Table �1. D, Crop Information (Form 0645 -G65). • A Fee Table Directions 1. Complete the Water Use Permit Application Dorm. Please be sure to respond to all items that apply to your project, and provide all information required in the applicable items (for example, documentation of impacts to environmental features, existing legal uses and existng offsite land uses; water level or quality monitoring program; reports of calibration of withdrawal facility accounting methods; location of pollution sources; and proof of ownership or control). 2_ Review the information provided for the following: crops, welts, surface water pumps, culverts, and map. • if the information is correct, please return these sheets in place of Tables A, B, C, and D. • If the information is partially correct, please snake corrections in the blanks provided and update the reap, instructions are included with Tables A, B, C, and D. • If an item has been removed, please cross out the item and update the map to reflect the new information. • If the information is not correct or the information is new, please complete the applicable Tables, and update the map or provide a new site map. NOTE: if you irrigate a seasonal crop such as vegetables, please complete Table D to show the months during which you typically cultivate the crop. 3. Review the Fee Table to determine your application fee. Please be aware that your final fee is based on the allocation authorized by the renewed permit, and may be more or less than you determined from the Fee Table. 4. Submit FOUR C OPIES of the required information to South Florida Water Management District PO Box 24680 Attn: MSC 4240 West Palm Beach. FI, 33416 -4680 Questions? Please visit our web site at o;md.gov/index.htmI or call us at 1 -800 -547 -2694 for assistance or additional information. Pursuant to 40E- 1.609. Florida Administrative Code, please be advised that your permit could be suspended. revoked, and/or modified if you submit false or inaccurate information_ J J ff SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER USE BASIN PERMIT RENEWAL APPLICATION LOWER WEST SUB A Water Use Basin Permit No 11-02014-W USE TYPE: LANDSCAPE Project GOLDEN GATE BOULEVARD 4 -LANE IMPROVEMENTS Date Prepared : July 26, 2004 PERMITTEE Company: COLLIER COUNTY BOARD OF CNTY COMM. First Name: Last Name: Address: 3301 EAST TAMIAMI TRAIL City /State/Zip: NAPLES FL 34112 Phone: (941)774-8801 Fax: E -mail: Page No 1 of 5 16 B6 + __ 16 86 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER USE BASIN PERMIT RENEWAL APPLICATION LOWER WEST SUB A Water Use Basin Permit No 11-02014-W Project GOLDEN GATE BOULEVARD 4-LANE IMPROVEMENTS Date Prepared : July 26, 2004 Crop and Irrigation Information Show Changes or Corrections here ParceINameAD 1 Use type Landscape Crop turf Irrigation System sprinkler Irrigated Acres 22 Page No 2 of 5 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER USE BASIN PERMIT RENEWAL APPLICATION _.. LOWER WEST SUB A Water Use Basin Permit No 11-02014-W Project GOLDEN GATE BOULEVARD 4 -LANE IMPROVEMENTS Date Prepared : July 26, 2004 Well Information Show Changes or Corrections here District Identification No 113761 Well Name or Number 1 Map Designation 1 Proposed Existing or Proposed * 6 Diameter (in) 100 Total Depth (ft) 70 Cased Depth (ft) 10 -20 — — Screened Interval(ft) Pumped Pumped or Flowing submersible Pump Type (see Instructions) * Pump Intake Depth(ft bis) 80 N -- — No Pump Or Flow Capacity(GPM) * Primary Working Valve if Artesian Status (see Instructions) * Purpose (see Instructions)* Irrigation Elevation of the Wellhead 15 Water Use Accounting Method* Date Last Calibrated* Water Source Lower Tamiami Aquifer * Required Information Well Information Show Changes or Corrections here District Identification No 113762 Well Name or Number 2 Map Designation 2 Existing or Proposed Proposed Diameter (in) 600 Total Depth (ft) 70 Cased Depth (ft) 10 -20 Screened Interval(ft) Pumped Pumped or Flowing submersible — Pump Type(see Instructions) * -35 Pump Intake Depth(ft bis) $0 No _ Pump Or Flow Capacity(GPM) * Primary Working Valve If Artesian ] Status (see Instructions) . j Purpose (see Instructions)* Irrigation Elevation of the Wellhead 15 Water Use Accounting Method* —_ Date Last Calibrated* Water Source Lower Tamiami Aquifer * Required Information Page No 3 of 5 16 B6 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER USE BASIN PERMIT RENEWAL APPLICATION - LOWER WEST SUB A Water Use Basin Permit No 11 -0201 4 -W Project GOLDEN GATE BOULEVARD 4 -LANE IMPROVEMENTS µ Date Prepared ; July 26, 2004 Well Information Show Changes or Corrections here District Identification No 113763 Well Name or Number 3 Map Designation 3 Proposed - Existing or Proposed 6 Diameter (in) 100 Total Depth (ft) 70 Cased Depth (ft) 10.20 Screened Interval(ft) Pumped Pumped or Flowing submersible Pump Type(see Instructions) * -35 Pump Intake Depth(ft bis) 80 No Pump Or Flow Capacity(GPM) * Primary Working Valve if Artesian _ Status (see Instructions). Purpose (see Instructions) * Irrigation { Elevation of the Wellhead 15 _! Water Use Accounting Method* Date Last Calibrated Water Source Lower Tamiami Aquifer Required Information Well Information Show Changes or Corrections here District Identification No 113764 Well Name or Number 4 Map Designation 4 Proposed Existing or Proposed * 6 Diameter (in) 100 Total Depth (ft ) 70 _ Cased Depth (ft) 10 -20 Screened Interval(ft) Pumped Pumped or Flowing submersible Pump Type(see Instructions). -35 Pump Intake Depth(ft bis) 80 No Pump Or Flow Capacity(GPM) * Primary Working Valve if Artesian Status (see Instructions). Purpose (see Instructions)* Irrigation Elevation of the Wellhead 15 Water Use Accounting Method* Date Last Calibrated* Water Source Lower Tamiami Aquifer " Required Information IPage No 4 of 5 16 86 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER USE BASIN PERMIT RENEWAL APPLICATION LOWER WEST SUB A Water Use Basin Permit No 11-02014-W Project GOLDEN GATE BOULEVARD 4 -LANE IMPROVEMENTS Date Prepared : July 26, 2004 Well Information Show Changes or Corrections here District Identification No 113765 Well Name or Number 5 Map Designation 5 — -- �_ Existing or Proposed * Proposed - Diameter (in) 6 100 Total Depth (ft) 70 -- --- Cased Depth (ft) 10 -20 Screened Interval(ft) _ Pumped Pumped or Plowing submersible Pump Type(see Instructions) * -35 — Pump Intake Depth(ft bis) 80 Pump Or Flow Capacity(GPM) * No- -- -- -- --._ Primary - Working Valve If Artesian Status (see Instructions) * Purpose (see Instructions)* Irrigation Elevation of the Wellhead 15 _ Water Use Accounting Method* Date Last Calibrated* j Water Source Lower Tamiami Aquifer ! * Required Information Page No 5 of 5 1. Permit Boundary v Section 4JAV Road JA*** Canal OD Well N Pump +Culvert Project: GOLDEN GATE BOULEVARD 4-LANE IMPROVEMENTS Permit Number 11-02014-W 0 0.6 1 Miles Fees for Water Use Permits Individual Irrigation With a Duration of 5 years $1,000 Individual Irrigation With a Duration of 20 Years Maximum month allocation > 15 MGM <= 30 MGM $1,600 Maximum month allocation > 30 MGM <= 300 IV GM $3,400 Maximum month allocation > 300 MGM $5,600 Individual Diversion and Impoundment With a Duration of 5 Years Maximum month allocation > 15 MGM <= 30 MGM $1,400 Maximum month allocation > 30 MGM <= 300 IVIGM $2,750 Maximum month allocation > 300 MGM $3,500 Individual Diversion and Impoundment With a Duration of 20 Years Maximum month allocation > 15 MGM <= 30 MGM $2,0+00 Maximum month allocation > 30 MGM <= 300 MGM $3,050 Maximum month allocation > 300 MGM $6,2100 Independent Secondary User of a Diversion and 'Impoundment With a Duration of 20 Years Maximum month allocation > 15 MGM <= 30 MGM $1,000 Maximum month allocation > 30 MGM <= 300 MGM $2,000 Maximum month allocation > 300 MGM $3,200 General Standard Water Use Permit Maximum month allocation <= 3 MGM (minor) $350 Maximum month allocation > 3 MGM < = 15 MGM (major) $1,000 NOTE: Until 2002, much of the Lower West Coast Basin A was classified a Reduced Threshold Area, meaning that only maximum month allocations less than 0.6 Million Gallons per Month (MGM) were issued Minor General Permits. Since the abolition of Reduced Threshold Areas in 2002, maximum month allocations up to 3 MGM qualify for Minor General Permits. Pursuant to Section 4.1 of the Basis of Review for Water Use Applications, users with a maximum month allocation less that 3 MGM (Minor General Permit) a •e not required to monitor and report withdrawal quantities. If you think your renewal may qualify as a Minor General Permit, please contact District Staff to determine whether you need to monitor and report withdrawal quantities. STOP! 16 gb Before submitting this application, have you: • Completed all portions of the Water Use Application Form (Form 0645 -W01) that apply to your project? • Furnished all information required by the application form? • Provided current information about wells, pumps, culverts and crops on your project site, either by updating the project information summary sheets we sent you, or completing Tables A, B, C and D, or both? • Updated the map of your project site, or provided a new map? • Enclosed FOUR COPIES of ALL information required? • Enclosed an application fee? • Addressed your submittal to -° South Florida Water Management District Attn: MSC 4240 PO Box 24680 West Palm Beach, FL 33416 -4680 Remember, if you have questions, you can • Contact us at our web site at http: / /www.slWmd.gov or Call our Water Use Renewal Hot Line at 1- 800 - 547 -2694 nA1 Mrl1 1--1 O%!1tr%A 100 t'T!' -!sY WATER USE PERMIT APPLICATION FORM (RC -1A, RC -1W, RCAG) For all water uses EXCEPT dewatering for mining or construction General and Specific Authority, Chapter 373, State Statutes,, 40E -20 Florida Administrative Code and Basis of Review, Vol IiI, South Florida Water Management District. A. GENERAL INFORMATION 1. Name of Owner, Responsible Entity, etc. Name: Project Name: Address: City: County: State: ZiP: Phone: Celt Phone: Fax: E -mail: 2. Proof of Ownership is required, in the form of a Deed, tax :;ertifrcate, lease, or Articles of Incorporation ATTACH Proof of Ownership to this Form 3. Name of Engineer, Contractor or Other. Name: Firm: Address: — City: County: State: ZIP: Phone: Cell Phone: Fax: 4. If the above person(s) filling out this form will sign this Application on behalf of the owner, a letter of authorization signed by the owner, stating they are acting on behalf of the owner, must be submitted. ATTACH Letter of Authorization to this form 5. is this a New Permit RenewallModification /Expired Permit No.: 6. Amount of water applied for: gallons per day 7. Has a Surface Water Management Permit or Environmental Resource Permit from the District been issued for this Project? SWM / ERP Permit No.: or has a Surface Water Management Permit or Environmental Resource Permit from the District been applied for? SWM / ERP Application No.: 8. A fee of is required to process this Application. See Chapter 40E- 1.807, F.A.C, for fee schedule. ATTACH Application fee to this Form 9. Please Identify any District Staff member you have discussed this Application with: B. LOCATION OF THE PROPERTY 1. General Location of the Property/Project County: Sections _ Township (s) City: Range (s) (or Land Grant Name) 2. It will be necessary to submit two drawings to be used as exhibits for this Permit. a. Location Map, (81/2 x 11), showing location of the project in relation to major roads. b. Site Map, (8'/2 x 11) locating project in relation to adjacent streets, canals and water bodies, and showing property boundaries, buildings, on -site iakes/ponds and the location of pumps and wells. ATTACH Location Map and Site Map to this Form Form 0645 -W01 (08103) PERMIT APPLICATION for Water Use 0 J 1 C. WATER SOURCE and WATER USE TYPE Please indicate the source of water. Groundwater from an underground aquifer: Aquifer Name (if known): Surface water: Onsite Lake /Pond Onsite Ditch/Canal _Adjacent LakelOpen Water, Name: Adjacent Canal, Name: Type of water use (Please check at least one) _ Agricultural Irrigation — Landscape Irrigation Public Water Supply Industrial/Commercial _ Aquifer Storage /Recovery (ASR) _ Other (Please describe): D. IRRIGATION WATER USE 16 B6 ATTACH Table A for Wells to this form ATTACH Table 8 for Pumps to this Form T Golf Course Irrigation _ Aquaculture Is this permit for irrigation? Landscape: Golf; _— Agriculture: Crop type: What is the Total Project Acreage: Irrigated Acreage: ATTACH Table D for Crop Information to this Form 2. Applications for golf or landscape irrigation in excess of 500,000 gallons per day require a water conservation plan as explained in Section 2.3.1 of the Basis of Review. ATTACH, if needed, a water conservation plan for golf or landscape irrigation E. PUBLIC WATER SUPPLY WATER USE Is this permit for Public Water Supply? Maximum gallons per month needed: Permit Duration requested: Average gallons per day: Year; 2. A map of the service area for the utility, (8112 x 11) showing boundaries of service, water treatment plants, storage facilities, the location of all production and monitor wells is required. ATTACH Location Map and Service Area Map to this Form 3. For public water supplies using more than 100,000 gallons per day, applicants must meet criteria and identify the demand for each use /component including number, type and size of service connections; past pumpage, projected population data, future expected pumpage, watsr treatment method and losses and other specific data as identified in Section 2.1 and 2.6 of the Basis of Review. Tables F (past water use), Table G (projected water use) and Table i (treatment method and losses) must be submitted. ATTACH water supply demand computations and Tables F, G and I to this Form 4. For public water supplies using more than 100,000 gallons per day, other necessary information requirements may include if applicable: explanations of per - capita greater than 200 GPD, water supply system interconnections, water received from or distributed to other entities, and aquifer storage and recovery. Please submit Tables H (for per capita use greater than 200 GPD), Table J (ASR), Table K (interconnections), and Table E (water received from or distributed to other entities) if necessary. ATTACH, if needed, Tables H, J, K and E to this Form 5. Applications for public water supply in excess of 500,000 gallons per day require a water conservation plan as explained in Section 2.5.1 of the Basis of Review. ATTACH, if needed, a water conservation plan for public water supply to this Form IForm 0645 -W01 (08103) PERMIT APPLICATION for Water Use 16 86 F. INDUSTRIAL, COMMERCIAL AND OTHER WATER USES 1. Is this permit for Industrial /Commercial? Nature of the Business: Maximum gallons per month needed: Average gallons per day needed: 2. industrial /commercial applicants using more than 100, 000 ;7allons per day must provide information on the water balance for the operation, including all sources of water and losses of water for processes, personal/sanitary needs, treatment losses and unaccounted uses. A flow chart for the water balance should be submitted. ATTACH water balance and flow chart to this Form 3. For uses other than Irrigation, Public Water Supply, Industrial or Commercial, but excluding mining /dewatering (Air conditioning, pool heating, mitigation, etc.).:. Describe Water Needs: Maximum gallons per month needed: Average gallons per day needed: ATTACH a written explanation and calculations used to determine the amount of water you need 4. Applications for industrial, commercial and other water uses in excess of 500,000 gallons per day require a water conservation plan as explained in Section 2.4.1 of the Basis of Review. ATTACH, if needed, a water conservation plan for industrial, commercial or other water supply G. ADDITIONAL ,REQUIREMENTS IF YOU ARE USING MORE= THAN 100,000 GALLONS PER DAY 1. The withdrawal of water must not cause harm to sensitive areas, wetlands or saline water intrusion. It may be . necessary to supply modeling to address impacts of the water use. ATTACH, if needed, modeling or documentation on environmental impacts to this Form 2. All applicants withdrawing water in proximity to saline surface or groundwater, or withdrawing saline water that may come in contact with fresh surface or ground water, are required to develop a saline water monitoring program as described in Section 4.2 of the Basis of Review, ATTACH, if needed, a saline water monitoring program 3. Except for Public Water Supply, reclaimed water must be used when readily available, unless it is not environmentally, technically or economically feasible to do so, as explained in Section 3.2.3 of the Basis of Review. ATTACH, if needed, an evaluation of the feasibility of using reclaimed water and a letter from your local utility regarding their availability of reclaimed water to this Form 4. An aerial photograph of the entire project site is required. ATTACH an aerial photograph 5. Section 4.1 of the Basis of Review requires all wells and pumps be equipped with a calibrated meter or other acceptable water use accounting method. ATTACH calibration reports of the water use accounting method for each well and pump ' Form 0645 -W01 (08103) PERMIT APPLICATION for Water Use 3 16 B6 H. ATTACHMENTS Please make sure you have included the following attachments with your Application: _Proof of Ownership _ Table A for Wells _Letter of Authorization (where required) _ Table B for pumps _Location Map Application Fee Site Map For Irrigation water use, also make sure you have included tie following attachments: _ Table D for crop Information ' Water conservation plan (if needed) For Public Water Supply water use of more than 100,000 gallons per day, also make sure you have included the following attachments: _ Table F for past water use Table I for treatment method and losses _ Table G for projected water use Table J for ASR well operations (if needed) _ Table H for projected water use Table K for interconnections (if needed) greater than 200 gpcd (if needed) _ Table E for water received from or delivered Water conservation plan (if needed) to other entities (if needed) Service Area Map For Industrial water use of more than 100,000 gallons per ,day, also make sure you have included the following attachments: Water balance and flow chart Waiter conservation plan (if needed) For Commercial or other water use that is not irrigation, public water supply, or industrial, also make sure you have included the following attachments: Explanation of how you determined the amount of water you need Water conservation plan (if needed) Attachments for additional special requirements Saline Water Monitoring Plan — Feasibility evaluation of reclaimed water use Aerial Photograph _ Letter from reclaimed water utility Modeling or documentation of impacts of water use Reports of calibration of water use accounting method for wells and pumps 1. CERTIFICATION I hereby certify that, to the best of my knowledge, the total project acreage listed above is owned or - - controlled by me and encompasses the project referenced In this permit application. In addition, i agree to provide entry to the project site for South Florida Water Management inspectors with proper identification or documents as required by law for the purpose of making :analyses of the site. Further, I agree to provide entry to the project site for such inspectors to monitor permitted work if a permit is granted. If I do not use the water for which this permit is issued within two years the permit may be revoked. If this application is not complete within 240 days, it may be denied pursuant to Rule 40E- 1.603, Florida Administrative Code, Print. Name of Owner or Authorized Agent Title -- Signature: Form 0645 -0101 (08103) PERMIT APPLICATION for Water Use 16 B6' Additional Table A Be) C and -D with instructions TA13LE A Description of Wells 16 86 16 86 ter TABLE B Form 4 0645 -G61 -1 Rev. C8/03 Description of Surface Water Pumps -- Pump Name or Number Map Designation Surface Water Source '. Local Drainage District (if applicable) _ WExisting or Proposed of Proposednallation Date Installed if Existing Pump type (for list see Instructions) .� � Pump Capacity (GPM) - Pump Horsepower Pump Diameter (Inches) Pump Intake Elevation (feet NGVD) Status'(see Instructions) Purpose (see Instructions)-- --- _. Two way pump?, (yes l no) Water Use Accounting Method (see Instructions) Date East Calibrated (ATTACH calibration report) Planar Coordinates (if known = see instructions Section / Township ! Range _�.� ,�.� _ TABLE C , _; 6 B6 Form # 0645 -G61 -2 Description of Culverts Rev. 08103 Cuivert.Name or Number Map Designation. Surface Water Source Local Drainage District (if applicable) Existing or Proposed Date of Proposed Construction Date.installed if Existing _. Culvert type (for list see Instructions) Culvert length (Feet) i Culvert Cross - section Culvert Diameter (inches) Culvert Height (inches) Culvert Width (Inches) - Invert Elevation (Feet NGV1D Type of Control Device . .(for list see`1nstruction6) M Status (see lnstruc tions) Purpose (see Instructions) Two -way culvert ?. (Yes 1 no), Water Use Accounting Method (see Instructions) Date Last Calibrated (if known) Planar Coordinates (if known - see. instructions Section 1 Township 1 Range 16 B6 �� m4 Form# 0645-c6; TABLE D Rev. 08/03 Crop Information Please complete this form for each crop parcel (see instructions can reverse side) Parcel Name: _ Irrigation System: Acres Irrigated: Existing or Proposed: Expected Development Date (if proposed): Number of Years This Parcel Will Be Irrigated: Months Typically Planted Crop Name Jan Feb May Apr May Jun Jul Aug Sep Oct Nov Dec Parcel Name: _ Irrigation System: Acres Irrigated: Existing or Proposed: Expected Development Date (if proposed): Number of Years This Parcel Will Be Irrigated: Crop Name Months Typically Planted Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Parcel Name: Irrigation System: Acres Irrigated: Existing or Proposed: Expected Development Date (i€ proposed): Number of Years This Parcel Will Be Irrigated: Crop Name Months Typically Planted Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 16 B6' Instructions for Completing TABLE A, Description of Wells Please provide the following information about the well, it knooin or if applicable: Well Name or Number: This is your designation of the welt; if we contact you about the well, this is how you would refer to it. Map Designation: This is how you have labeled the well on the map you submitted. This may be the same as Well Name or Number, but does not necessarily have to be. Existing or Proposed: if the well is proposed enter the date of expected operation, if it is an existing well, enter the date it was installed if you know it. Diameter: Outside diameter of the well casing. Total Depth: Total length in feet between the land surface a7d the bottom of the well. Cased Depth: The length in feet from land surface to the bottom of the well casing. Screened Interval: The distance in feet below land surface `o the top and bottom of the well screen if the well is so equipped. Pumped or Plowing: Does the well produce water as a result of natural artesian flow, or is it pumped-, Pump Type: This is the type of pump that has been installed for your well. Typical choices are: centrifugal diesel turbine axial flow windmill submersible jet suction other (specify) electric turbine hydraulic portable - ,. Pump intake Depth: Location of the pump depth in feet below land surface. The pump may be on the surface or down inside the well. Pump or Plow Capacity: The amount of water the pump can produce in gallons per minute (GPM). Working Valve: if the well is artesian does it have a working valve to control the flow? Status: Typical choices are: Primary Secondary (Ex: a production well that is rotated) Standby (Ex: used for freeze protection or emergency) Monitor Injection (Ex: Air Conditioning, pool meat exchange, (,to.; sometimes used only periodically) Recharge (Ex: same as above) Purpose: This is what the water will be used for. Typical choices are: Dairy Irrigation Air Conditioning Swimming Pool Heating Monitor Aquaculture Freeze Protection Irrigation /Lake Recharge Livestock Bottled Water Mining /Dewatering Aquifer Storage and Recovery Industrial Other (specify) Public Water Supply Aquifer Remediation and Recovery Elevation of the Wellhead: This is the elevation of the top of the finished well at the ground surface. Flow Measurement Method: Section 4. 1, Basis of Review for Water Use Permit Applications, requires all permittees with a maximum monthly use of greater than 3 million gallons to equip each existing water withdrawal facility with an authorized operating water use accounting system and a report of its calibration to be sent to the District. Describe how you measure the amount of water produced by the welt. Date last Calibrated: When was the flow measurement method last calibrated? ATTACH the calibration report. Planar coordinates: The Florida State Plane System (Planar Coordinates), should be submitted if you have a land survey which identifies the location of the well in terms of those measurements. If you do not know what these are, it is not necessary to include them. Section I Township I Range: The section, township and range in which the well is located. 6 86 instructions for Completing TABLE B, Description of Pumps -- Please provide the following information about the well, if known or if applicable: Pump Name or Number: This is your designation of the purrip; if we contact you about the pump, this is how you would refer to it. Map Designation: This is how you have labeled the pump on the map you submitted. This may be the same as Pump Name or Number, but does not necessarily have to be. Surface Water Source: This is the name of the water body from which the pump withdraws water, for example, SFWMD C -51, Lake Worth Drainage District Canal 1 -3, Unnamed canal, on -site lake. -- Local Drainage District: If the project is located in a local drainage or "298" district, such as Lake Worth Drainage District, Indian Trails Water Control District, etc., please identify it. Existing or Proposed: If the pump is proposed enter the dale of expected operation. If it is an existing pump, enter the date it was installed if you know it. Pump Type: Typical choices are: centrifugal diesel turbine axial flow submersible suction electric turbine hydraulic other (specify) -" Pump Capacity: The amount of water the pump can produce in gallons per minute (GPM). Pump Horsepower: Horsepower rating of the pump. Pump Diameter: Size of the intake opening of the pump, in inches. Pump Intake Elevation: The elevation from which the pump can produce water without cavitating. Status: Typical choices are: Primary Secondary (Ex: a production pump that is rotated) Standby (Ex: used for freeze protection or emergency) Purpose: This is what the water will be used for. Typical choices are: Dairy Irrigation Air Conditioning Swimming Pool Heating Aquaculture Freeze Protection Irrigation/Lake Recharge Mining /Dewatering Livestock Industrial Aquifer Storage and Recovery Aquifer Rernediation and Recovery Other (specify) Two way pump ?: Can the pump be used for both intake of irrigation water and discharge of storm water? Flow Measurement Method: Section 4. t, Basis of Review for Water Use Permit Applications, requires all permittees with a maximum monthly use crf greater than 3 million gallons to equip each existing water withdrawal facility with an authorized operating water use accounting system and a report of its calibration to be sent to the District. Glescribe how you measure the amount of water produced by the pump. Date Last Calibrated: When was the flow measurement method last calibrated? ATTACH the calibration _., report. Planar coordinates: The Florida State Plane System (Planar Coordinates), should be submitted if you have a land survey which identifies the location of the pump in terms of those measurements. If you do not know what these are, it is not necessary to include them. Section f Township / Range: The section, township and range in which the pump is located. Instructions for Completing TABLE C, Description of Culverts Please provide the following information about the well, if knovrn or if applicable: Culvert Name or Number: This is your designation of the culvert; if we contact you about the culvert, this is how you would refer to it. Map Designation: This is how you have labeled the culvert o,7 the map you submitted. This may be the saute as Culvert Name or Number, but does not necesi�arity have to be. Surface Water Source: This is the name of the water body from which the culvert withdraws water, for example, SFWMD C -51, Lake Worth Drainage District Canal E" -3, Unnamed canal, on -site lake. Local Drainage District: if the project is located in a local drainage or 298" district, such as Lake Worth Drainage District, Indian Trails (Eater Control District, etc., pleese identify it. Existing or Proposed: If the culvert is proposed enter the date of expected operation. If existing, enter the date it was installed (if known). Culvert Type: Typical choices are: corrugated metal pipe reinforced concrete pipe steel pipe Culvert Length: Distance between the ends of the culvert in f9et. Culvert Crass - section: Is the culvert round, elliptical, rectangular, or other? Culvert Diameter: If the culvert is round, the inside diameter of the culvert, in inches. Culvert Height: If the culvert is not round, the inside height of the culvert, in inches. Culvert Width: if the culvert is not round, the inside width of the culvert, in inches. Invert Elevation: The lowest elevation, referenced to NGVD, at which water will flow through the culvert. Type of Control Device: What controls the flow of water through the culvert? Typical choices are: control gate flap gate Ilashboard riser gated riser screw gate slide gate valve other (specify) Status: Typical choices are: Primary -- Secondary (Ex: a production pump that is rotated) Standby (Ex: used for freeze protection or emergency) Purpose: This is what the water will be used for. Typical choices are: Dairy Irrigation Mining /Dewatearing Aquaculture Freeze Protection Irrigation /Lake Recharge Livestock Industrial Other (specify) Two way culvert ?: Can the culvert be used for both intake of 'rrigaticr, waterand discharge ofstor; water? Flow Measurement Method: Section 4. 1, Basis of Review for Water Use Permit Applications, requires all permittees with a maxftuni monthly use of greater than 3 million gallons to equip each existing water withdrawal facility with an authorized operating water use accounting system and a report of its calibration to be sent to the District. Describe how you measure the amount of water produced by the culvert. Date Last Calibrated: When was the flow measurement method last calibrated? ATTACH the calibration report. Planar coordinates: The Florida State Plane System (Planar Coordinates), should be submitted if you have a land survey which identifies the location of the culvert in terms of those measurements, If you do not know what these are, it is not necessary to include them. Section / Township I Range: The section,, township and range in which the culvert is located. 16 861 Instructions for Completing TABLE D, Crop Information Parcei Name: This is your designation of the area of land being irrigated; if we contact you, this is what You would recognize it as. A parcel can have only one type of irrigation system in use. In addition, if the crop is perennial (citrus, turf, etc.), the parcel can have only one crop type being grown. If the crop is annual {seasonal vegetables), the parcel can have only one crop type for each planting, but if several plantings occur during a typical year, the crop may vary from one planting to another. Irrigation System: Typical choices are: micro- sprinkler sprinkler nursery container flood/seepage overhead drip overhead low-volume volume gun drip other (specify) Acres Irrigated: Number of acres on which the crop is grown. Do not include roads, easements, fence rows or other areas not being irrigated. Exiting or Proposed: Will the crop and irrigation sys +em be in place at the time of permit issuance? Expected Development Date (if proposed): Please state the date at which the irrigation system and crop will be in place on the parcel. — Crop Name Typical choices for PERENNIAL crops are: avocados turf nursery tropical fruit citrus pasture sugarcane mangoes palm trees other (specify) Typical choices for ANNUAL craps are: green beans melons tomatoes peppers sweet corn potatoes small vegetables other (specify) Months Typically Planted: For annual craps !ONLY, please mark, for each crop planting, the months of the year when the planting will occur. Please use a separate line for each planting, even if the same crop hype will be planted. We realize that due to weather or, market conditions, you may not always plant during the times indicated, or plant the crops indicated; please base the information on horn you would typically operate. Example: Parcel Name: astern vegetable field Irrigation System: > food Acres irrigated: V,10 Existing or Proposed: __�_x_ Expected Development Date (it proposed): Months Typically Planted Crop Name Jan Feb Mat Apr May Jun Jul Aug Sep Oct Nov Dec Tomatoes Peppers Tomatoes 16 B6 James C. Abney & Associates Irrigation Consulting, Site Observation, System Auditing & Management 2984 44th. Street SW - Naples , Florida 34116 Phone ( 941) 353 - 8724, Fax ( 941) 353 - 1850 Irrigation System Construction Memorandum DATE: November 27, 2001 TO: Mdm. A. Gail Boorman - Pettey, President, Landscape Architect — A. Gail Boorman & Associates. FROM: James C. Abney, JCA &A. PROJECT: Golden Gate Boulevard R.O.W., Naples Florida SUBJECT: Irrigation System # 1 Construction Observation. The irrigation system # 1 construction continues making progress at a satisfactory pace. There are no major discrepancies in the construction so far. The directional boring case installation is complete. The following items are currently being installed or going through fabrication. Pump Stations. The pump station for system #1 is fabricated at this time and it is ready for delivery upon the completion of power service hook up. Irrigation Wells. The well has been drilled. Power Service. Currently, still waiting on FPL personnel to provide it within the near future. Main Line Piping. The main line piping section for system # 1 is being installed. The main line depth has been adequate (30 " + / -). Metallic tracing tape is being installed 10 "- 12" above the main line, and AWG 14 Gauge solid copper direct burial insulated control wire is being used. The backfill material has been clean, free of large size rocks and debris. As soon as the pump station is installed and operating main line pressure testing will follow at sections ready for it. The majority of the main line for system #1 has been installed. The contractor is currently working on median #4, finishing the piping network installation. The main line has been installed 5' from the north side back of curb. 16 B(, t Lateral Line Piping. The lateral lines piping network at median #4 is being installed. The trenching depth has been adequate (12 " + / -) so far. The owner has opted to have their - maintenance crews install the pop -up spray bodies. The installer is using duct tape at the end of the flexible hose connections so that sand, dirt, debris and or other small foreign objects do not encroach into the piping network and create clogging problems. Main Line Blow -Off Points. The contractor has installed the unit designated for the western end of system #1. The unit has been assembled slightly different from what is illustrated per detail, but the assembly is acceptable and pressure surge calculations indicate that it should meet and exceed the pressure surge withstand standards. The contractor has not lined the final valve box with filter fabric, the installer needs to install the filter fabric and the gravel in accordance to the detail. Other Elements. Stahlman Irrigation is proposing to substitute the following: Spray Heads: Hunter Pro -Spray Series instead of Rain Bird 1800 Spray series. Zone Control Valves: Hunter ICV Series instead of Irritrol Ultra -Flow 700 Series. _. Proposed Product Substitutions. The proposed substitution elements are comparable or even better in quality (zone control valves, especially) than the elements originally specified. Hunter Irrigation Industries hire the original product engineer (Kevin Gordon, _x P. E) that developed the Rainbird products. Hunter is now producing the same elements but with substantial improvements. The initial phase of C. R. 951 has Hunter Spray heads installed. The ICV valve is a valve that has enjoy a substantial amount of success from the time that it came into the market. I recommend the acceptance of the proposed elements as long as the owner approves the product substitution. Irrigation Controllers. The contractor has not proposed a product substitution for this system element. The Rainbird ESP -MC Series was specified for the project. Collier County Department of Transportation uses the Motorola Irrinet & Scorpio Central Control System in its projects. In this project one of the controllers will have to be an Irrinet unit and the remainder will have to be Scorpio units. The Scorpio units are limited to 16 stations per controller. The small number of stations available per controller may present a problem if heach system has more than 16 zones. One way to overcome the problem will be to join zone control w ices and designate for two or three valves per station. The zones to be joined together MUST: Provide similar application methods & rates; Irrigate vegetation with similar water needs; Have similar climatological conditions (Sun & wind exposure). If the system has more than 48 zones, a second -- controller will be needed. We need to coordinate with the owner and ask whether to change the controller manufacturer /models specification or to allow for the specified units to be installed. 16 B6 We need to get find out if the owner has approved the proposed product substitutions (Hunter ICV valves instead of Irritrol Ultra -Flow 700) and to get information on the owner's preference for controller units. The contractor has been using Class 200 PVC gasket pipe for main line installation. The pipe is being lubricated at the gasket joints for adequate joining. The main line is being installed 5' from the north back of curb. The lateral line stub -out flexible hose connection ends are being sealed with duct tape to avoid potential clogging incidence. The well for system #1 has been installed. It is currently capped. As soon as the electrical power service is complete the pump station will be delivered and installed. 3 r The main line trenching depths have been adequate and backfilled with clean fill. The contractor is installing control wires in accordance to specifications: White wire for common; Red wires for hot units; Blue wires for spare. Irrigation main line blow -off unit being assembled. Heavy duty flanged connections are being used. If you have any questions, feel free to contact me. Sincerely yours JAMES C. ABNEY & ASSOCIATES James C. Abney James C. Abney, I. A., C.I.T. State of Texas Licensed Irrigator 005636 Irrigation Association Certified Landscape Irrigation Auditor 018448 4 16 664 TECHNICAL SPECIAL PROVISION MEDIAN BACKFILL /SCREENED LANDSCAPE TOPSOIL PART 1- GENERAL 1.01 SUMMARY This section specifies requirements for the preparation, supplying and spreading of screened topsoil in accordance with the median detail shown in the plans. 1.02 DESIGN AND PERFORMANCE REQUIREMENTS Sand, silt, clay definitions, organic matter and product test methods shall be those adopted and published by the Association of Official Analytical Chemist, 1111 19th Street, Suite 210, Arlington, VA 22209. 1.03 QUALITY ASSURANCE A. Qualifications The entity and its workers performing the Work of this Section shall be a Florida licensed landscape contractor experienced in work of complexity similar to that required under this Section for a period of at least three years. 1. Testing Agency: Independent testing laboratory as approved by F.D.O.T. and Collier County. 2. Requirements, Reference Standards and Regulatory Agencies: Conform to requirements of all City, County and State agencies. B. Test Requirements 1. Prior to delivery to the construction site, submit a representative sample of screened topsoil for analysis to an independent laboratory to ensure conformance to requirements specified in 2.01. Submit all test results to the Engineer for written approval before delivery. 2. After delivery of screened topsoil to the construction site, submit a representative sample for analysis to an independent laboratory to ensure conformance to requirements specified in 2.01. Submit test results to the Engineer for approval. In the event that the delivered sample is not consistent with the sample approved prior to delivery, the Engineer will reject the delivered topsoil. C. Certification: 1. Prior to delivery of screened topsoil to the construction site, furnish the Engineer with a written statement from topsoil supplier giving depth of 16 B6 I stripped topsoil, certification that the topsoil has never been treated with herbicide and composition of the soil. 2. Manufacturer's certification and/or testing laboratory clarification that content of soil conditioners meet specification requirements. 3. Manufacturer's certificate of fertilizer's chemical composition including, but — limited to, percentage and derivation of nitrogen, phosphorus, potassium, and micro - nutrients. 4. Submit all certification to Engineer /Landscape Architect a minimum of one week prior to installation of any material. D. Test Reports: Test reports shall consist of ph range, major and minor element analysis, soluble salt concentrations, sand fraction analysis and testing laboratory recommendations as to suitability of soil for planting and drainage. Reports shall be identified by project name, date and soil mix type. The following reports are required: 1. Results of topsoil (on -site existing soil) analysis. 2. Results of sand analysis. One sand fraction analysis required. 3. Results of imported topsoil analysis. 1.04 DELIVERY, STORAGE, AND HANDLING Do not deliver the screened topsoil to the construction site until the Engineer has approved in writing the test results for the representative sample. 1.05 SUBMITTALS A. Qualifications Submit qualifications of the entity and its workers performing the Work of this Section to the Engineer in accordance with 1.03.A. Include names of clients, telephone numbers, and contract amounts for work performed in the last three years and experience records of workers performing the Work of this Section. B. Test Reports Submit laboratory analysis of screened topsoil to the Engineer in accordance with 1.03. C. Certification Submit to the Engineer certification required by 1.03. PART 2 — PRODUCTS 2.01 MATERIALS 16 B6 . A. Screened Topsoil Topsoil shall be fertile, friable, natural loam topsoil, free of subsoil, taken from a depth of no more than 1 foot, or less if subsoil is encountered, supplier - certified as having been obtained from an area which has never been treated with herbicide and conforming to the following: 1. Screened topsoil shall be of uniform quality, free from hard clods, stiff clay, hard pan, sods, partially disintegrated stone, lime, cement, ashes, slag, concrete, tar residues, tarred paper, boards, chips, sticks or any other undesirable material. 2. There shall be no exotic or noxious weeds or weed seeds (i.e. Nut grass, Bermuda grass, sedges and the like). 3. In no case shall there be more than 5% by volume of stones, coarse sand, gravel or clay lumps larger than one inch (1 ") in diameter. 4. Screened topsoil shall contain a minimum of 5% organic matter as determined by loss on ignition of moisture -free samples and the ph range shall be 5.0 to 7.0 inclusive and shall contain no substance which will impede plant growth. Adjustment of the ph shall only be allowed for increasing the ph level by adding dolomitic limestone. 5. Maximum Soluble Salts: 300 ppm 6. Screened topsoil shall be graded as follows: PASSING RETAINED ON PERCENTAGE 1" SCREEN 100% 1" SCREEN 2 mm (No. 10) not more than 5% Sieve 7. Test ph of topsoil in accordance with current industry standards. If ph is not between 5.0 and 7.0, add approved soil conditioner /additive to bring ph — within that range. PART 3 — EXECUTION 3.01 APPLICATION A. Backfill median with approved screened topsoil to required grade. B. Minimum thickness of topsoil to be 8" throughout the median. 16 B(, 3.02 CLEANUP A. Immediately clean up spills, soil and conditioners on paved and finished surface areas. A. Remove debris and excess materials from project site daily. PART 4 - METHOD OF MEASUREMENTBASIS OF PAYMENT 4.01 METHOD OF MEASUREMENT The method of measurement will the number of cubic yards of median backfill /screened topsoil furnished and installed in locations indicated on the plans. 4.02 BASIS OF PAYMENT Price and payment will be full compensation for furnishing and installing median A" backfill /screened topsoil. Payment will be made under the following item: Item No. CC580 -1 - Prepared Topsoil - per cubic yard 0 0 N M N O� V V5 N a U U m m m m 0 0 0 6 F»r» w �r»vv to��+ 69 E»4n 61%61) Ito F» M Ip N La T T T r E d E O C C O 'M O v O V O O O U N U N U y U M c M c o 619. 09, V). 6% 69 E13, 64 a 603, 60 6% b%69 F»vl . 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J 11 11 U = W f n J U= •rN C7 V'Lo CO I-COM0 r r - 16 B6 COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT ADMINISTRATIVE SERVICES DIVISION ADDENDUM 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774 -8446 FAX (239) 732 -0844 www.colliergov.net DATE: September 17, 2004 TO: Interested Bidders FROM: rends Brilhart Purchasing Agent SUBJECT: Addendum # 1 — Bid #04 -3649- "Collier County Landscape Beautification Master Plan — Golden Gate Boulevard" Addendum #1 covers the following change for the referenced Bid: - Change: The posting date from September 21, 2004 to October 5, 2004. Addendum #2 will be issued within the next few days. If you require additional information please call Pamela Lulich, Transportation Department at 239/774 -8192 or contact her via e-mail at pamlulich @colliergov.net or — me at 239/774 -8446 or by e-mail at BrendaBrilharta- collier ov.net. cc: Pam Lulich, Trans/Traffic Ops /ATM Scott Windham, Outside Productions N BID PROPOSAL BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier County Landscape Beautification Master Plan - Golden Gate Boulevard Project BID NO, 04-3649 Full Name of Bidder Hannula Landscaping, Inc. Main Business Address 28131 Quails Nest Lane Bonita Springs, FL 34135 Place of Business Telephone No Bonita Springs, Florida (239) 992 -2210 Fax No. (239) 498 -6818 State Contractor's License # N/A Collier County Occupational Licence #92187 '1'o: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Proposal as principals are those named herein, that this Proposal is made without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: - Contractor's Addendum Number Date Issued Initials 1 September 17, 2004 I-) F k+- 2 September 23, 2004 0 F �4- Bidder proposes, and agrees if this Proposal Is accepted, Bidder will contract with the Owner in the form of the copy of the Agreement Included in these Contract Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your proposal pages. 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E E o E N � c Z E m ;O 0 N@- 1.0 U I- 2Yo000 U d d,� 'p O U h 0) L E 0Z- 0 15- -a w c LL E a) - N m'� o -� C d.a> m o C `o c aE dads o m' ° co m @� U i0 L OEEo.°000�aQCvncU � c ❑N�dN�oEmooda -2' 0 a) O .m C Q 'a C N m d N p "O u P? m O Q) O d 0 O O� N m 16 O (nom c n 0 dL o w `° 'D E Q E cn L m w Z .� 0 m a) a) N 0 LL a) m 0 L N 'U C L G L d +-� C, (n N UT} >, w O C L V °m�U'�VC Z�° m @CO-cmEmQC�O = U '.= 0. 7 O— O U m m J W J U= FW- c c m p N c m ° .� '� �U 3 Co m o ti a J a) a) O 7 C@ p� y •� o '] U U m LL LL >- w Q CD Cr ?UOwD 0 L m� U (n m.EJW(nJU2 r N JrN M'7 CO (D r--00 0) C) - MATERIAL MANUFACTURERS 16 B6 The Bidder is required to state below, material manufacturers it proposes to utilize on this project No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON- RESPONSIVE. MATERIAL MANUFACTURER 1. Irrigation Toro, Hunter, Hit, Hoover, LR Nelson, Rainbird, HDPE, Nibco 2 Soils, Mulch 3 Fertilizers 4. Pavers 5. Dated October 5th, 2004 Forestry Resources M -Roots Krehling Industries Hannula Landscaping, Inc. �Bidde�r,�, TR -P -3 16 86 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed subcontractors -- on this Project and the class of work to be performed by each, and that such list will not be added to nor altered without written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the subcontractors listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by this Agreement, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The County reserves the right to disqualify any bidder who includes non - compliant or non - qualified subcontractors in his/her bid offer. Further, the County may direct the bidder /contractor to remove /replace any subcontractor that is found to be non - compliant with this requirement subsequent to award of the contract at no additional cost to the County. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON - RESPONSIVE. (Attach additional sheets as needed). Subcontractor and Address Class of W_ rk to be Performed 1 NES Traffic Safety Maintenance Of Traffic 17405 Jean Street Ft. Myers, Florida 33912 2 American Boring Directional Bore "r 6580 Pangola Drive Ft. Myers, Florida 33905 g, Bradanna, Inc. Site Work 4901 E. Tamiami Trail Naples, Florida 34113 - 4. Hannula Irrigation, Inc. Irrigation Installation 28131 Quails Nest Lane Bonita Springs, Florida 34135 5. Dependable Sod Sodding 4306 Progress Avenue Naples, Florida 34104 g, Paver Pro Unlimited Pavers 10915 Bonita Beach Road Suite 209 -2 Bonita Beach, Florida 34135 7 Hoover Pumping Systems Pump Stations 2620 NW 15th Court Pompano Beach, Florida 33069 8. Golden Gate Well Drilling Well 1822 40th Terr SW Naples, FL 34116 9 Adkins Bobcat Service Site work 411 12th St NE Naples, FL 34120 Hannula Landscaping, Inc. s1r idder� Dated October 5th, 2004 By; TR-P-4 16 B6' ,STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the contract. Project and Location Reference 1 Devonshire Blvd. Collier County (239) 774 -8494 Naples, Florida Mr. Bob Petersen 2. Pine Ridge Rd. Collier County (239) 774 -8494 Naples, Florida Mr. Bob Petersen 3. Davis Blvd. Collier County (239) 774 -8494 Naples, Florida Ms. Pam Lulich r 4 Mooring Line Dr. City Of Naples (239) 213 -5002 Naples, Florida Mr. Terry Fedelem 5 Tropicana Blvd. Collier County (239) 774 -8494 Naples, Florida Mr. Bob Petersen 6 SR 90 Phase A Collier County (239) 774 -8494 Naples, Florida Mr. Bob Petersen 7. CR 951 Collier County (239) 774 -8494 Naples, Florida Mr. Bob Petersen Dated October 5th, 2004 Hannula Landscaping, Inc. Bidder- - TR -P -5 ,A; 16 86 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further Identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) (Description) (LF.S)) 1 6 Foot LF 11,000 .25 2,750.00 2. 3. 4. TOTAL - $ 2,750.00 Failure to complete the above may result in the Bid being declared non - responsive. DATE October 5th, 2004 Hannula Landscaping, Inc. Bid BY: �,x-_, lal��/L__ TR -P-6 16 B6' HANNULA LANDSCAPING, INC. HANNULA IRRIGATION, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 239 -992 -2210 239 - 498 -6818 FAX BID NUMBER 04 -3649 COLLIER COUNTY LANDSCAPE BEAUTIFICATION MASTER PLAN GOLDEN GATE BOULEVARD PROJECT ATTACHMENT ROCK EXCAVATION ROCK EXCAVATION FOR THE IRRIGATION SYSTEM, LANDSCAPE PLANTINGS, SITE WORK, AND DIRECTIONAL BORE SHALL BE AT AN ADDITIONAL RATE OF $25.00 PER LINER FOOR FOR EXCAVATION AND $138.00 PER TON FOR LOADING AND HAULING FROM THE SITE. 44 0 QS,i'VWw` r DALE F. HANNULA PRESIDENT 10 -5 -04 16 @6 1, Bidder shall provide full disclosure of Information on any work performed for private interests within the past two (2) years, especially work that is not yet completed. 2. Bidder shall provide a declaration of commitment not to pursue any private sector work within the limits of the County project or directly affected by the County project until the County project is completed and accepted by the County. Contractor may request a waiver of this provision from the Project Manager, A waiver may be granted at the sole discretion of the County. 3. Bidder shall provide a certification by a principal of the firm that the firm will comply fully with items 1 and 2 above, and to certify that no conflict of interest does exist or will arise if firm is awarded a County project. If more space is required, please attach additional pages. Failure to provide the documentation requested above may result in the Bid being declared non - responsive. Date: October 5th, 2004 TR -P -7 Hannula Landscaping, Inc. Contractor By: Dale F. Hannula Its President DUE START DATE WORK IN PROGRESS - HANNULA LANDSCAPING J 20 12/01/04 Back Bay Marina 4.1257 20 TBD City of Naples 10th Street South 4.1247 20 02/01/04 Classic Plantation 4 -1215 20 07/30104 Coconut Point 4 -1254 25 05/07104 Collier County #04 -3627 Airport Pulling (Medians) 4 -1239 25 07/26104 Collier County #04 -3651 Livingston Road Ph 1 4 -1269 25 07/26/04 Collier County #04.3655 Livingston Road Ph II 4 -1252 25 05/21/04 Collier County #04 -3623 Pine Ridge Road 4 -1241 25 05 /14104 Collier County #04 -3622 Rattlesnake Hammock 4.1240 LIC 07/01104 Cruse Residence 4 -1236 20 04/01/04 FGCU Phase VI 4 -1229 20 07/01/04 Hawthorne Retail Center 4.1244 20 08/01/04 International College Phase II - Naples 4 -1253 20 07/01/04 International College Phase I - Ft. Myers 4 -1245 UC 08/10104 Kiddle Korrel 4 -1259 UC Will Call Laser Grading & Excay. 4.1246 20 04/23/04 Manors at Regal Lakes 3.1172 20 03115/04 Marco Destin Retail 4 -1225 20 IN PROGRESS Midfield Terminal Complex 3.1165 20 07/04/04 North Bay Village 3.1207 20 04101/01 Park East Shells - Building #1 1.1039 20 08/15/04 Parkwood Towers 4 -1260 UC TBD Pelican Marsh PO #472 4.1265 UC TBD Pelican Landing PO #173 4.1266 UC TBD Pelican Landing PO #172 4.1267 20 TBD Renda Broadcasting 411268 UC TBD Rice Insulation 4 -1264 20 01/04/05 Salce Residence 3292 Green Dolphin Ln. 3 -1187 20 08/09104 Sandpiper Condominium Entryway Renovations 4.1256 20 05/01/04 Santa Barbara Phase III 4.1230 25 01/25/03 St. Agnes Bonness 2 -1136 25 01/25/03 St. Agnes Compass 4 -1220 20 08/15/04 Wachovia Bank @ Bonita Grande 4 -1258 20 Contract TBD Wachovia Bank @ Crossroads 1263 Confidential 1 U /5/ "LU04 om Page 1 16 B6 Upon receipt of written notice of the conditional acceptance of this Bid, Bidder will execute the formal Contract attached within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance as required by the Contract Documents. The bid security attached in the sum of: dollars ($ 5% of bid ) is to become the property of the Owner in the event the Contract, Insurance and Bonds are not executed within the time above set forth for the delay and additional expense to the Owner. if awarded a contract under this Proposal, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Proposal within sixty (60) consecutive calendar days for the Irrigation portion of the work and one hundred twenty (120) days for the entire project, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within one hundred forty (140) consecutive calendar days, computed by excluding the commencement date and Including the last day of such period. • - •- X11 V "• State of Florida County of Lee - Dale F. Hannula , being first duly sworn on oath deposes and says that the Bidder on the above Proposal is organized as Indicated and that all statements herein made are made on behalf of such Bidder and that this deponent Is authorized to make them. Dale F. Hannula Of Hannula Landscaping, Inc. also deposes and says that it has examined and carefully prepared its Bid Proposal from the Contract Drawings and Specifications and -- has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct, (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida which operates under the legal name of Hannula Landscaping, Inc. and the full names of its officers are as follows: President Dale F. Hannula Secretary Dale F. Hannula Treasurer Dale F. Hannula Manager Damon Himmel TR -P -8 6 96 and it (does) or (does not) have a corporate seal. The (name) President, Dale Frederick Hannula is authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken December 8th, 1992 a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnerahit2 The Bidder is a co- partnership consisting of individual partners whose full names are as follows: N/A The co- partnership does business under the legal name of: N/A (c) Individual The Bidder is an Individual whose full name is N/A , and if operating under a trade name, said trade name is N/A DATED October 5th, 2004 Hannula Landscaping, Inc. legal entity BY; Dale Frederick Hannula Nam of Bidder (T ed) Signature President Title [Corporate Seals TR -P -9 0 V _ 0Z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NO •• 00 00 No No No g. E. so 60 IRV kj OF so HANNULA LAMSCAPING, INC so to 678 We 0.0 INCORPORATED • UNDER THE LAW$ OF 111 INI 00 as go DECEMBER 8, 1992 X N. ii is No of ON 1 .. ��o ;'were a ... •• •.. ..•. . saw 4 ....................... ............... 7- go . ..... ..... .. 16 B6 STATE Of Florida COUNTY OF Lee The foregoing Instrument was acknowledged before me this 5th day of October , 2004, by Dale Fr as President of Hannula Landscaping, Inc. a Florida • corporation, on behalf of the corporation. He /she is personally known to me or has produced as ido- n— Mcation and.did (did not) take an oath. My Commission Expires: t ° ('� ° t' Arlature of Notary) NAME: Annette Carbary (Legibly Printed) (AFFIX OFFICIAL SEAL) \�o01111u11/i/i � M. CAg8 2', #GG 1'�h86d Notary Public, State of Florida Commission No.. AlD 12- 4 gG 6 TR -P -10 Sep 17 04 06:34a p.3 Bond Number: N/A 6 B6 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Hanrnula landscaping, Inc. (herein after called the Principal) and Dieu 1 [mPrS 4, rraty an.� Tnrlamni t-�g f'r.ri, n� (herein called the Surety), a corporation chartered and existing under the laws of the State of Iowa with its principal offices in the city of Plantation, FL and authorized to do business in the State of Florida are held and firmly bound unto the Collier crnmty Board of Ca�mty Corm,issioners (hereinafter call'!(! the Owner, in the full and just sum of Five Percent Of The Amo mt Bid In Dollars dollars ($ 5% of Bid ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally acid firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a proposal for furnishing all labor, materials, equipment and incidentals necessary to furnish and install: Collier County Landscape Beautification Master Plan - Gorden Gate Boulevard Project BID NO. 04 -3649 NOW, THEREFORE: The conditions of this obligation are such that if the Proposal be accepted, the Principal shall, within fifteen days after the date of a written Notice of Award, execute a Contract in accordance with the Proposal and upon the terms, conditions and price(s) set forrh therein, of the form and manner required by the Owner, and execute a sufficient and satisfactory Contract Performance Bond and Payment Bond payable to the Owner, in an amount of one hundred percent (100 %) of the total Contract price each in form and with security satisfactory to the said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in the la�v; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed acid sealed this 5th day of October , 2004. t Hanmila landacaping, Inc. Principal ■ J BY 6� 1A � c TR -P -11 Sep 17 04 06:34a il S V� 4 4 Local Resident Producing Agent for e 16 86'0 Developers Surety and Indemity Company _ S u rety David B. Shick,Attomey -In -Fact Countersigned David 13, bhick, Pluri-da--.R�Tclenr g t Developers Surety and Indemnity Copany TR -P -12 KNOW ALL MEN BY THESE PRESENTS. that except os cxpressly limited. DI- VELOPERS SURETY AND INDEMNITY COMPANY does hereby make. constitute and appoint: ** *David B. Shick, jointly or severally * ** as its Irue ;and lawtifl Atuxney(s) -in -Fact, to make, execute. dCIIVcr and acknowledge. till. and on hrhall otsaid corporation as surety, bonds, undertakings and contracts of suloyshil giving and granting Unto said Attoincy(s) -in -Fact toll lower and authority to do and to perform every act necessary. requisite or proper to he Clone in connection therewith as the corporation Could do, hill IC,Crvin Io the corporation 11111 powCr of suhSfihui0n and rcv0cati0n. and all of the UCIS otsaid Auornry(s) -in -Fact. pursu;uif to these presents, are hrrehy rafitied and Confirmed. This Pow'Cr ot'Attoinev is granted and is signed by facsimile under and by authority otlhe lollowin_ resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDI.MNITY COMPANY efteciwe as of NocCmhci I. _'OO(I, RESOL_V1=D. that the Chairman of the Booed, the I'le,clent and any Vice President of file corporation he, and that each of them hereby is, authorized to e\ecule Powers ohAUoincy, qualifying the Attornry(s) -in -Earl named in the Powers ot'Atlorney to execute, on behalf of the corporation, honds, undertakings and conh;tcts of Suretyship: ;ind Ilml the Secietvy or any Assistant Secicimy of the corloratinn hr, and each of alma hrrehy is. Juthorizecl to attest the execution of, _ Uny such Power of Attorney: RESOLVED. FURTHER. that the siunaturrs ntsuch ntliCeIS Wily he aflixCd to any such Power nl AtIorncy or to any crrliticatr felalinc thereto by facsimile, and any such Power of Attorney or certiticafr hcv ing such f;tcsimile signnfures shall he valid and binding upon the corporation when So Alixed and in the future with respect to any hoed. undertaking of contract otsuretyship to which it is ;ulaChed. IN WITNESS W11F:RLOF, DEVELOPERS SURL'I Y AND INDI_:V1NI I Y COMPANY has caused ihesc Presents to hr signed by its respective Executive Vice President and anesed by its Secretary this I st dov of Ocmher, 20I1 ". _ By: _. ?�iJa`�O�PORgNO��iy ;s David 11. Rhodes, Executive Vice - President ` OCT. 5 < _UJ 10 2nc 0 1936 By. *, . Walter A. Crowell. Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGF ) On October I. 2003, before me. Diane 1. Kaw'afa, personally appe;urd David 11. Rhodes and Walter A. Crowell. Personally known to me (0f proved to me on the basis of sJlisfactory evidence) to he the Persons whose names arc suhscrihrd to the within instrument and acknowledged to ml. that They executed the same in their authorized capacities, and that by Ihrii signmures on file insuuntrnt the entity upon beholtotwhich the persons acted. executed the insUUmenl. WITNESS my hand and official seal 11 A 1/ Y� DIANE J. KAWATA J� Y 0 COMM i 1334746 California • Notary Public Calflo 3 }�� ORANGE COUNTY � Signature L My Comm. Expires JAN. 8, 2006 CERTIFICATE The unLICIsignrd, aS Senior Vice- PIC >idrnt. UndclwIIIIng. of DEVELOPERS SURETY AND INDEiMNITY COMPANY, IIUCS hCrrby Certify that the toicuoing Power ol'Attornev remiinN in full Clio and has not boil revoked, and timlhcrnnire, that the Provisions of the resolution of the respective Boards of Directors of said corporation set t0rih in the Power of Attorney. is in Ibrce as of the date of this Certiticate. This Certificate is executed in the 011 of Irvine. Calitbrnin, the day of b�� oL4 B Y Wesley W. Cowling, rnior Vice - President. Undcl—XN -- ID- 1439(DSI11Rev. I0.0_' +) 16 B6 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDENINITY COMPANY PC) BOX 1072�.IRVINL.C'A9262., (`)4`))'_h3- ?3111) ww\V.lnscnDico.com KNOW ALL MEN BY THESE PRESENTS. that except os cxpressly limited. DI- VELOPERS SURETY AND INDEMNITY COMPANY does hereby make. constitute and appoint: ** *David B. Shick, jointly or severally * ** as its Irue ;and lawtifl Atuxney(s) -in -Fact, to make, execute. dCIIVcr and acknowledge. till. and on hrhall otsaid corporation as surety, bonds, undertakings and contracts of suloyshil giving and granting Unto said Attoincy(s) -in -Fact toll lower and authority to do and to perform every act necessary. requisite or proper to he Clone in connection therewith as the corporation Could do, hill IC,Crvin Io the corporation 11111 powCr of suhSfihui0n and rcv0cati0n. and all of the UCIS otsaid Auornry(s) -in -Fact. pursu;uif to these presents, are hrrehy rafitied and Confirmed. This Pow'Cr ot'Attoinev is granted and is signed by facsimile under and by authority otlhe lollowin_ resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDI.MNITY COMPANY efteciwe as of NocCmhci I. _'OO(I, RESOL_V1=D. that the Chairman of the Booed, the I'le,clent and any Vice President of file corporation he, and that each of them hereby is, authorized to e\ecule Powers ohAUoincy, qualifying the Attornry(s) -in -Earl named in the Powers ot'Atlorney to execute, on behalf of the corporation, honds, undertakings and conh;tcts of Suretyship: ;ind Ilml the Secietvy or any Assistant Secicimy of the corloratinn hr, and each of alma hrrehy is. Juthorizecl to attest the execution of, _ Uny such Power of Attorney: RESOLVED. FURTHER. that the siunaturrs ntsuch ntliCeIS Wily he aflixCd to any such Power nl AtIorncy or to any crrliticatr felalinc thereto by facsimile, and any such Power of Attorney or certiticafr hcv ing such f;tcsimile signnfures shall he valid and binding upon the corporation when So Alixed and in the future with respect to any hoed. undertaking of contract otsuretyship to which it is ;ulaChed. IN WITNESS W11F:RLOF, DEVELOPERS SURL'I Y AND INDI_:V1NI I Y COMPANY has caused ihesc Presents to hr signed by its respective Executive Vice President and anesed by its Secretary this I st dov of Ocmher, 20I1 ". _ By: _. ?�iJa`�O�PORgNO��iy ;s David 11. Rhodes, Executive Vice - President ` OCT. 5 < _UJ 10 2nc 0 1936 By. *, . Walter A. Crowell. Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGF ) On October I. 2003, before me. Diane 1. Kaw'afa, personally appe;urd David 11. Rhodes and Walter A. Crowell. Personally known to me (0f proved to me on the basis of sJlisfactory evidence) to he the Persons whose names arc suhscrihrd to the within instrument and acknowledged to ml. that They executed the same in their authorized capacities, and that by Ihrii signmures on file insuuntrnt the entity upon beholtotwhich the persons acted. executed the insUUmenl. WITNESS my hand and official seal 11 A 1/ Y� DIANE J. KAWATA J� Y 0 COMM i 1334746 California • Notary Public Calflo 3 }�� ORANGE COUNTY � Signature L My Comm. Expires JAN. 8, 2006 CERTIFICATE The unLICIsignrd, aS Senior Vice- PIC >idrnt. UndclwIIIIng. of DEVELOPERS SURETY AND INDEiMNITY COMPANY, IIUCS hCrrby Certify that the toicuoing Power ol'Attornev remiinN in full Clio and has not boil revoked, and timlhcrnnire, that the Provisions of the resolution of the respective Boards of Directors of said corporation set t0rih in the Power of Attorney. is in Ibrce as of the date of this Certiticate. This Certificate is executed in the 011 of Irvine. Calitbrnin, the day of b�� oL4 B Y Wesley W. Cowling, rnior Vice - President. Undcl—XN -- ID- 1439(DSI11Rev. I0.0_' +) THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST I, 6 66 IMPORTANT: Please read carefully, sign In the spaces indicated and return with your bid proposal. Bidder should check off each of the following Items as the necessary action is completed: 1. The Bid has been signed. 2. The bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been Indicated. 5. Any required drawings, descriptive. literature, etc. have been included. 6. Any delivery Information required is Included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addends have been signed and Included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamlami Trail, East Naples, Florida 34112 11. The mailing envelope = be sealed and marked with: raBid Number; gProject Name; c*Opening Date. 12. The bid will be mailed or delivered In time to be received no later than the specified ooening date and time. (Otherwise bid cannot be considered.) ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT tjAME ON THE QUTJIDE OF THE COURIER PACKET Hannula Landscaping, Inc. Co any Name II l�Side Signature & Title October 5th, 2004 Date TR -P -13 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Hannula Landscaping, Inc. (Contractor) of 28131 Quails Nest Lane, Bonita Springs, Florida 34135 a Florida corporation, to perform all work ( "Work ") in connection with Collier County Landscape Beautification Master Plan - Golden Gate Boulevard Project ( "Project "), Bid No. 04 -3649 as said Work is set forth in the Plans and Specifications prepared by Outside Productions, Inc., the Landscape Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Instructions to Bidders, the Bid Schedule and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor up to five (5) sets of the Contract Documents as are reasonably necessary for execution of the Work. Additional copies of the Contract Documents shall be furnished, upon request, at the cost of reproduction. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, - timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: three hundred sixty six thousand nine hundred eighty seven dollars and thirty six cents ($366,987.36). TR -CA -1 Section 4. Bonds. 16 B6 A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. _.. Time is of the essence in the performance of the Work under this Agreement. The Work consists of two parts: The Irrigation Work and The Landscaping Work. Both Components shall have the same Final Completion Date. The "Commencement Dates" shall be established in the Notices to Proceed to be issued by the Project Manager. Contractor shall commence each component of the Work within five (5) calendar days from the Commencement Date of each. No Work shall be performed at the Project site prior to the Commencement Dates. Any Work performed by Contractor prior to the _... Commencement Dates shall be at the sole risk of Contractor. The Irrigation Work shall be substantially completed within sixty (60) calendar days from the Commencement Date. The Landscaping Work shall be substantially completed within one hundred twenty (120) days from the Commencement Date. The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the owner that construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Substantial Completion is further defined as that date the Landscaping Project is finished to the satisfaction of the County, except for punchlist items. The work shall reach Final Completion and be ready for final acceptance by Owner within one hundred forty (140) calendar days from the Commencement Date (herein "Contract Time "). B. Liquidated Damages in General. - Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if all portions of the Work is not substantially completed within the time specified above, as said time may be adjusted as provided for herein. Should Contractor fail to substantially complete any portion of the Work within the time periods noted above, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, six hundred thirty -four dollars and fifty cents ($634.50) for each calendar day thereafter until substantial completion is achieved for both or either the Irrigation and the Landscaping portions of the Work. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion for both or either portion of the Work, Owner shall also be entitled to assess, as liquidated damages, but not as a penalty, a sum certain per day, in the amount of three hundred seventeen dollars and twenty -five cents ($317.25), for TR -CA -2 ■ each day after the time set for Final Completion for all portions of the Work, as set forth in paragraph five (5) above, until Final Completion is achieved. The Project shall be deemed to be Substantially Completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete or finally complete all portions of the Work in a timely manner. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the County Will count default days in calendar days. E. Conditions under which Liquidated Damages are Imposed. If the Contractor or, in case of his default, the surety, fails to complete any portion of the Work within the time stipulated in the Contract for Substantial Completion, or within such extra time that the County may have granted the Contractor, or in case of his default, the surety, shall pay to the County, not as a penalty, but as liquidated damages, the amount of six hundred thirty -four dollars and fifty cents ($634.50) per day for each day the Contractor fails to reach Substantial Completion as required under the terms of the contract. Final Completion shall occur when the contract is completed in its entirety, is accepted by the County as complete and is so stated by the County as complete. If the Contractor reaches Substantial Completion but fails to reach Final Completion on any portion of the contract, the Contractor, or in the case of his default, the surety, shall pay the sum of three hundred seventeen dollars and twenty -five cents ($317.25) per day for each day the Contractor fails to reach Final Completion. F. Right of Collection. -T The County has the right to apply, as payment on such liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. G. Allowing Contractor to Finish Work. The County does not waive its right to liquidated damages due under the Contract by allowing the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time including granted time extensions. TR -CA -3 16 B6 -- H. Completion of Work by County. In the case of a default of the Contract by the Contractor and the completion of the work by the County, the Contractor and his surety are liable for the liquidated damages under the Contract, but -- the County will not charge liquidated damages for any delay in the Final Completion of the County's performance of the work due to any unreasonable action or delay on the part of the County. I. Release of Contractor's Responsibility. The County considers the Contract complete when the Contractor has completed in its entirety all of the work and the County has accepted all of the work and notified the Contractor in writing that the work is complete. The County will then release the Contractor from further obligation except as set forth in his bond and except as provided in the Contract. J. Recovery of Damages Suffered by Third Parties. When the Contractor fails to complete the work within the Contract Time or within such additional time that the County may grant, the County may recover from the Contractor amounts that the County pays for damages suffered by third parties unless the failure to timely complete the work was caused by the County's act or omission. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit E1: Work Directive Change Exhibit F1: Certificate of Irrigation Substantial Completion Form Exhibit F2: Certificate of Landscaping Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit G1: Certificate of Landscaping Final Completion Exhibit G2: Landscaping Warranty Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Plans and Specifications prepared by Outside Productions, Inc. and identified as follows: Collier County Landscape Beautification Master Plan - Golden Gate Boulevard Project as shown on the Title Sheet, and Plan Sheets L1 through L6, and IR -1 through IR -7. TR -CA -4 • Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Pamela Lulich, Project Manager Traffic Operations and Alternative Transportation Modes 2705 Horseshoe Drive South Naples, Florida 34104 Telephone: (239) 774 -8192 Facsimile: (239) 213 -5899 E -mail: pamlulich(a_colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Dale F. Hannula, President Hannula Landscaping, Inc. 28131 Quails Nest Lane Bonita Springs, Florida 34135 Telephone: 239 - 992 -2210 Fax: 239 - 498 -6818 -� C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 9. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 10. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. TR -CA -5 16 66 Section 11. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 13. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 14. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying administrative procedures. Section 15. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have - been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 16. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Construction Agreement and the General Terms - and Conditions, the conflict shall be resolved by imposing the more strict obligation under the Contract Documents upon the Contractor. TR -CA -6 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below TWO WITNESSES: FIRST WITN SS -1c, m( 0,&P -9 X2`7 Type /Print Name SECON15 WITNESS Type/Print/Name Date: 1 1 `?-A -134 ATTEST: hi W6 Ln L • Approved AJ0,t gctrt� a al Sufficiency: 4—j Sc each Assistant County Attorney CONTRACTOR: Hannula Landscaping, Inc. F i By: Type /Print Name and title Affix the "(Corporate Seal)" OR type /print "(Corporate Seal)" OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER "DISTRICT IN �,��,tlili48si+lplt, d� -r�•:i `'` By: Co missioner DoAnA Eial hairman P • b' TR -CA -7 Item # 1I =' o Agenda) 1 Dale l Date Reed -C 9 A Bond #MB6113 Inquiries: 239 - 444 -1441 BONDATA . 6 B6 PUBLIC PAYMENT BOND Collier County Landscape Beautification Master Plan - Golden Gate Boulevard Project Bond No. "6113 Contract No. 04 -3649 KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscaping, Inc. as Principal, and Contractors Bonding and Insurance Company , as Surety, located at 1213 Valley Street - PO Box 9271 - Seattle, WA 98109 -0271 (Business Address) are held and firmly bound to The Board of County Commissioners of Collier unTAp Oblige in the sum of - -- -Three Hundred Sixt� -Six Thousand— Nine Eighty even Dollars ($ - -- 366,987.36 - - - -) for the payment and thity - six cent - - - - -- whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of ontrac #04 -3 4 - C lliet Cunt L nd$cape Beauti�" anion 2004, with Oblige fora +o,, ?., _ ,r,�d .n HouYevd �ro�ect I9 accordance with drawings and specifications, which contract is incorporated by reference and a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: made Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 5th day of January, 2005 NO, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. Iq I'm n ;IIJ 19 TR- CA -A -1 4 4 G Signed, sealed and delivered in the presence of: BY: W tniW esse s to Principal NAME: STATE OF Pl-c a- I D A COUNTY OF LEE Bond #MB6113 Inquiries: 239 -4� 1g�11 BOI�TQr PRINCIPAL Hannula Landscaping, Inc. ale F. Hannula ITS: President The foregoing instrument was acknowledged before me by I)'4 ( F, 44ANNJ to --,fQN hIj i % lAH✓SCAPig(:. 0 1t-tc � , a He /she is personally known to me OR has not) take an oath. �`tij111111f11i1/// My Commission Expires: Icy (1`3 )aG (AFFIX OFFICIAL SEAL) MATTEST: M 0 n All 19 as LoU�; this _day of S►ot "? of corporation, on behalf of the corporation. produced ---- -' N1.�Cg4//i��r/ #DD12686s -SAME: �q9•;4;,. �nrdFdtPae� �� -21 ALICId 1-'�os / Ep- Witnesses to Surety as identification and -did (did V7t.� (-Sigrfature of Notary) A (Legibly Printed) Notary Public, State of i=1o,taa Commission No.: % > j 2 U bG b SURETY: Contractors Bonding and Insurance Company (Printed Name) 1213 Valley Street PO Box 9271 Seattle WA 98109 -0271 _ (Business Address (Authorized Signature) Greg Parrish , Attorney -in -Fact (Printed Name) TR- CA -A -2 Bond #MB6113 Inquiries: 239 - 444 -1441 BONDATA 16 B6' L ao� OR Attorney in Fact (Attach Power of Attomey) Greg Parrish, Attorney -in -Fact Witnesses (Printed Name) Keys Insurance Services, Inc. dba BONDATA 9696 Bonita Beach Road, Suite 203 Bonita Springs, FL 34135 (Business Address) 239- 444 -1441 (Telephone Number) STATE OF A � COUNTY OF e— 2oc, The foregoing instrument was acknowledged before me this S" day of -2-664, by r C, C"( P n c r" s% , as 1 n - of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identifcation and who did (did not) take an oath. m My Commission Expires: C (Signature) Name: � Y e-A a.. so r1 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: F cal Commission No.: C C `6 yA-i pia PAMELA J. JOHNSON ON TR- CA -A -3 2�PaY , * # COMMISSION NUMBER Q CC847899 MY ;COMMISSION EXPIRES OF ,L.NE 20 2007 F F ' Bond #MB6113 Inquiries: 239 - 444 -1441 BONDATA 16 B r 6 EXHIBIT A PUBLIC PERFORMANCE BOND Collier County Landscape Beautification Master Plan - Golden Gate Boulevard Project ■ Bond No. MB6113 Contract No. 04 -3649 KNOW ALL MEN BY THESE PRESENTS: That Hannula Landscaping, Inc. as Principal, and Contractors Bonding and Insurance Company as Surety, located at 1213 Valley Street - PO Box 9271 - Seattle, WA 98109 -0271 (Business Address) are held and firmly bound to The Board of County Commissioner- of Copier County. Florida , as Oblige in the sum of Three Hundred Sixty -Six Thousand Nine Hundred Eighty -Seven Dollars and thirty -six cents ----- __ ($ - -- 366,987.36 - -- ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2004, with Oblige for Contract #04 -3649 - Collier County Landscape Beautification Master Plan - Golden Gate Boulevard Project in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. A THE CONDITION OF THIS BOND is that if Principal: 14 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, 14 whether liquidated or actual, incurred by Oblige; and Pq 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Suret Y, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. �L] TR- CA -A -4 pq h I 0 G 0 F Fj f P f Bond #MB6113 Inquiries: 239- 444 -1441 BONDATA r This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 5th day of January, 2005 , Q@K the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL Witnesse as to Principal Hannula Landscaping, Inc. NAME: ITS: Dale F. Hannula President STATE OF FFla .L l)„ COUNTY OF Let 71, 2, cn The foregoing instrument was acknowledged before me this day of _ , b DA k- f- i(Annoia , as T of A N N Ly 1 ti L� sc �. -,a corporation, on behalf of the co, r oration. He /she is personally known to me OR has produced as identification and did take an oath. ��11111i I l i Nlll /1 M'.CAAB My Commission Expires: , (Signat re) S--' #Dc 126866 N °r•'• �r� ,�e�� • o�� (Legibly Printed) i� '9� •. YPUb�ic U �a��.•�tc�'��. O •\1`\ #g_ + it A i! f � Notary ry Public, State of: r (AFFIX OFFICIAL SEAL) Commission No.: D (�) i Z(, b G 6 TR- CA -A -5 Bond #MB6113 I Inquiries: 239 - 444 -1441 BONDATA 1' 16 86 ATTEST: SURETY: Contractors Bonding and Insurance Company (Printed Name) 1213 Valley Street PO Box 9271 Witnesses as to Surety !—' LI /6 Witnesses Seattle, WA 98109 -0271 (Business Address) ~ ( thorized Signature) Greg Parrish, Attorney -in -Fact (Printed Name) OR As Att66ey in Fact (Attach Power of Attorney) Greg Parrish, Attorney -in -Fact (Printed Name) Keys Insurance Services, Inc. dba BONDATA 9696 Bonita Beach Road, Suite 203 Bonita Springs, FL 34135 (Business Address) 239 - 444 -1441 (Telephone Number) STATE OF A �-- COUNTY OF L 14- day The foregoin instrument was acknowledged before me this'' day of -Yz � -2W*, by _er cyr r- s 1, as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. _ c My Commission Expires: (Signature) Name: 0-- rr\ p, ic1.. (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 4`-7�9c� OFFICIAL NOTARY SEAL TR- CA -A -6 �PPY p0 9 PAMELA J. JOHNSON 2 !� * COMMISSION NUMBER OQ CC847899 9� MY COMMISSION EXPIRES Cf OF VV ZONE 20 2007 Only an unaltered original of this Power of Attorney document is valid. A valid original of this document is printed an gray security paper with black and red ink and bears the seal of Contractors Bonding and Insurance Company (the "Company "). The original document contains a watermark with the letters "cbic" embedded in the paper gather than printed upon it: The watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document and is visible when the document is held to the light. This document is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, and provided also that the bond is of the type indicated below. This document is valid only if the bond is executed on or before the date indicated above. 1. KNOW ALL MEN >BY THESE PRESENTS, that the Company does hereby make, constitute and appoint the following: GREG P:ARRISH, RICHARD ROSIER, GRIXILDA BENTANCOURT and DEREK MARTIN -VEGUE its true and lawful. Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, 4 acknowledge and deliver on behalf of the Company: (1) any and all bonds and , undertakings of suretyship given for any purpose, provided, however, that no and deliver any or undertaking such person :shall be authorized to execute such Company for any portion of the penal sum thereof in that shall obligate the a of $jo,0o0,000 and provided, further, that no Attorney-in-Fact shall f excess have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10-000,000; and (2) consents, releases and other similar This documents required by an obligee under a contract bonded by the Company. appointment is made under the authority of the Board of Directors of the - company--------------------- - -- - - - - -- - -- -- - - -- - --- - - - - -- -- -- -- - - -- - ---- - - - - -- -- - ---- - - - - -- - - - - - -- -- - - - - -- - -- - - - -- r - - - - - -- -- ^- - - - - -- - ----------------------------------------- - - - - - -- —. - - -- -- - - - - -- - - - - -- - - - -- — - - - - -- ■--------------------------------------- 7 CERTIFICATE , y I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. ;s MB6113 Bond Number E va EV Signed and sealed this 5th day of January 2005 R. Kirk Eland, Secretary CBIC a 1213 Valley Street P.O. Box 9271 • Seattle, WA 98109 -0271 206 622 -7053 • 800 7'65 -CBIC Toll Free * 800 9501558 FAX PoaLPOf107-US051104 ........... ........... ........... ......... ........... ........... ).........A .. '..0 A..AAAA AAAAA.AAMA AAMMAMk AMAAIAMAA AAMAIAAAAA AAMAIMAK'. UAAll A4 cuenr: sasru ACORDTM CERTIFICATE OF - LIABILITY INSURANCE D' NSR DATE 01/07/05D ) PRODUCER Gulfshore Insurance, Inc. 4100 Goodlette Road N, #100 Naples, FL 34103 -3303 239 261 -3646 POLICY EFFECTIVE M D 01/13/04 THIS CERTIFICATE IS ISSUED AS A MA IR INFO N ONLY AND CONFERS NO RIGHTS UPON ETIFI HOLDER. THIS CERTIFICATE DOES NOT EXT ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Hannula Landscaping, Inc. 28131 Quails Nest Lane Bonita Springs, FL 34135 $50.000 INSURER A: Cincinnati Insurance Company $5,000 PERSONAL & ADV INJURY INSURER B: FCCI Insurance Company GENERAL AGGREGATE s2,000,000 INSURER C: INSURER D: INSURER E: PRODUCTS - COMP /OP AGG $2 000 000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A D' NSR TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 51 OCCUR POLICY NUMBER CPP0732050 POLICY EFFECTIVE M D 01/13/04 POLICY EXPIRATION A MID 01/13105 LIMITS EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED FS (FS occurrences_ $50.000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 PRODUCTS - COMP /OP AGG $2 000 000 GEML AGGREGATE LIMIT APPLIES PER: POLICY L I PRO JECT JECT A AUTOMOBILE LIABILITY CPP0732050 01/13/04 01/13/05 COMBINED SINGLE LIMIT (Ea accident) $500,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY Per person) $ SCHEDULED AUTOS X HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ S A EXCESS /UMBRELLA LIABILITY CCC4457010 01/13104 01/13/06 EACH OCCURRENCE s6,000,00 AGGREGATE s6,000,000 X OCCUR FI CLAIMS MADE $ B XIDEDUCTIBLE RETENTION $ O WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 001 WC03A40029 01/01104 01101105 TWO C STATT' OTH- $ E.L. EACH ACCIDENT $500 000 E.L. DISEASE - EA EMPLOYEE $500,000 ANY PROPRIETOR/PARTNER/EXECU'fIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - POLICY LIMIT $500,000 If yes, describe under SPECIAL PROVISIONS below OTHER F OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS cape, dening rDESCRIPTII -3649 - ollier County Landscape Beautification Master Plan, Golden Gate Blvd. Certificate Holder is Named as Additional Insured on a primary basis as (See Attached Descriptions) CERTIFICATE HOLDER Collier County Purchasing Department Attn: Lynn Wood 3301 East Tamiami Trail Naples, FL 34112 ACORD 25 (2001108) 1 of 3 #S256491/M235637 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CAH O ACORD CORPORATION 1988 DESCRIPTIONS (Continued from respects to: General Liability Only as needed by contract, per form GA 472 10 01. 30 Day Cancellation Notice (10 Days for non payment) Waiver of Subrogation in favor of Certificate Holder with respects to Workers Compensation. Umbrella Coverage is in excess of all policies listed in this certificate. AMS 25.3 (2001/08) 3 of 3 #S256491/M235637 i9e 1) 16 86 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor /Consultant/Professional. (5) The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the Owner of policy cancellation or non - renewal on the part of the insurance carrier or the Contractor. (6) All insurance coverage's of the Contractor /Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor /Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor /Consultant/Professional not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the Contractor for such coverage's purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 10) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor /Consultant/Professional shall furnish to the County, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. TR- CA -B -1 moo WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor /Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. ❑ Applicable X Not Applicable -- (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. ❑ Applicable X Not Applicable TR- CA -B -2 16 B6 COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor / Consultant / Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products /Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 General Aggregate $ 500,000 Products /Completed Operations Aggregate $ 500,000 Personal and Advertising Injury $ 500,000 Each Occurrence $ 500,000 d Fire Damage $ 50,000 X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 m- Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be - endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the 'occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non - renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. TR- CA -B -3 r � J (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. T ❑ Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $1,000,000 each occurrence if applicable to the completion of the work under this Agreement. ❑ Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub - subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all -risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. -- (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all -risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval - of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- contractors in the Work. TR- CA -B -4 16 86 r (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this exhibit or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No W (1) Automobile Liability Insurance shall be maintained by the Contractor /Consultant/Professional for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor /Consultant/ Professional and, if so, such may shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, Automobile Liability and Professional Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. TR- CA -B -5 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA i6 B6; Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 2004 for the period from to (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. AMA ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR President [Corporate Seal] The foregoing instrument was acknowledged before me this day of , as of corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: TR- CA -C -1 2004, by ,a 16 86 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) FROM RE Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] Retainage @ _% after [insert date] ;Contractor's Representative) (Contractor's Name) (Contractor's Address) Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ Bid No. _ Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less Retainage Less previous payment (s) AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION If, CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: _. By CONTRACTOR: (Contractor's Name) (Signature) DATE:_ (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: _ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: TR- CA -D -1 (Signature) DATE: (Type Name and Title) 16 gb N Q W Q N p U F Z = �W3� 2 N W m N f e � C Z d 0 W o N 0 v @ I W = N C Z S co Q O N @ CO C: c N Zw U J -v n �. a E @: W U N °w Q @ J F W w H c O F J O p o N CL E o O U °d H y c W c ' c W ¢ c E a' -a, p OFF w ¢ E,�' 2 o @ c � a Q — @� 2 fl1 z 6 �O 2 W @ u> W F- w d a a o a W — c Q ; o z W w LL a. O Q a D 0 r Q W = N, J a Y a N fn c Q W 0 3 Q o �' W x �, L) o c N ui L W L L a H U N o Q J W I _O Lu J U fn N � N N 0 O w @ p C � d CL 7 N p C 'O c •- m N ! O a E c U � = N V N m E U) o Q n c .y c O F- Cl w L C 0 V Q C p CL co E-2 X (0 x W L w 3 16 gb N Q CHANGE ORDER NO. TO: EXHIBIT E CHANGE ORDER CONTRACT NO. I • r� -- DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated , 2004. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: ($ Y Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased /decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now ( ) calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: , 2004 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Project Manager DESIGN PROFESSIONAL By: By. Director By: ,Administrator TR- CA -E -1 j Exhibit Ell WORK DIRECTIVE CHANGE Z 6 gb . PROJECT NAME: CHANGE # DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners .................. ............................... PROJECT #: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s). Method of determining change in Contract Price: Method of determining change in Contract Times: ❑ Unit Prices ❑ Contractor's records ❑ Lump Sum ❑ Engineer's record ❑ Other ❑ Other Estimated increase (decrease) in Contract Price Estimated change in Contract Time: $ Increase or decrease by calendar days. RECOMMENDED: ACCEPTED: AUTHORIZED: By: By: Engineer /Consultant Contractor TR- CA -E1 -1 M. Owner's Representative OWNER'S Project No PROJECT: EXHIBIT F1 CERTIFICATE OF IRRIGATION SUBSTANTIAL COMPLETION DESIGN PROFESSIONAL'S Project No. lb 86 ' CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910 -8 -D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR -CA -F 1 -1 16 gb The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 12004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 2004 CONTRACTOR By. Type Name and Title OWNER accepts this Certificate of Substantial Completion on _a OWNER By: Type Name and Title T R -CA -F 1 -2 2004 16 B6 EXHIBIT F2 CERTIFICATE OF LANDSCAPING SUBSTANTIAL COMPLETION OWNER'S Project No. DESIGN PROFESSIONAL'S Project No. PPrI.IPr:T- CONTRACTOR Contract For _ Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910 -8 -D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR- CA -F2 -1 16 66 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 12004 CONTRACTOR By. Type Name and Title OWNER accepts this Certificate of Substantial Completion on 12004 OWNER By: Type Name and Title TR- CA -F2 -2 Bid No.: _ Contractor: EXHIBIT G FINAL PAYMENT CHECKLIST Project No.: The following items have been secured by the for the Project known as Date: 16 gb n 0 and have been reviewed and found to comply with the requirements of the Gontract uocuments. Original Contract Amount: _ Commencement Date: Substantial Completion Time: Final Completion Time: Final Contract Amount: Calendar Days. Calendar Days. YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to County (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. Record drawings obtained and dated: 6. County personnel trained on system and equipment operation. 7. Certificate of Substantial Completion issued on 8. Final Payment Application and Affidavits received from Contractor on: 9. Consent of Surety received on 10. Operating Department personnel notified project is in operating phase. 11. Other: If any of the above are not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. -° Acknowledgments: By Design Professional: (Company Name) (Signature) - (Typed Name & Title) By Contractor: (Company Name) -- (Signature) (Typed Name & Title) By Owner: (Department Name) (Signature) (Name & Title) TR- CA -G -1 �6 B6 e EXHIBIT G1 CERTIFICATE OF LANDSCAPING FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION EJCDC NO. 1910 -8 -D (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5/85 TR- CA -G1 -1 16 86 The following warranty is attached to and made a part of this Certificate: EXHIBIT G -2 Executed by Design Professional on 2004 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2004 CONTRACTOR - By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2004 OWNER By: Type Name and Title TR -CA -G 1 -2 EXHIBIT G3 LANDSCAPING WARRANTY 16 gb In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and /or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR CORPORATESEAL BY: Attest: TR- CA -G3 -1 16 B6 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1. It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words, which have a well known technical or trade meaning, are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2. If before or during the performance of the Work Contractor discovers a conflict, error or - discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager prior to proceeding with the work. Work completed without receiving the Project Manager's prior written interpretation or clarification may not be paid. Work completed without receiving the Project Manager's prior written interpretation or clarification may not be paid. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3. Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision, which is the more restrictive or stringent requirement upon the Contractor, -' as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the TR- CA -H -1 project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such - relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as described in other places of the contract documents). 3. SCHEDULE. 3.1. The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall - prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2. The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3. All work under this Agreement shall be performed within the requirements of the Collier County Noise Ordinance 93 -77, Amended by 96 -29, and Article 1, Division 1.5, Section 1.5.5 of the Collier County Land Development Code. Unless otherwise specified, work will generally be limited to daylight hours, Monday through Saturday, 7:00 a.m. to 5:00 p.m., except for County Holidays. Lane closures shall be permitted only between 9:00 a.m. and 3:30 p.m. Turn lane closures shall require the approval of the Project Manager. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1. Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly TR- CA -H -2 1(,gba Applications for Payment. This schedule shall be updated and submitted each month to the Project Manager along with a completed copy of the Application for Payment form signed by the Contractor's v authorized representative and attached to the Agreement as Exhibit D. 4.2. Prior to submitting its first monthly Application for Payment, Contractor shall submit to the Project Manager a complete list of all its proposed subcontractors and material -men, showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. 4.3. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the Owner in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. 4.4. Contractor shall submit four (4) copies of its monthly Application for Payment to the Project Manager. Within twenty (20) business days after stamped_receipt of each Application for Payment, the Project Manager shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the revised Application for Payment. Upon the stamped receipt by the Project Manager of the revised Application for payment, the Owner shall, within ten (10) business days, pay the Contractor the amount so approved. Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the project schedule in accordance with the Purchasing Policy as revised May 13, 2004. Collier County shall reserve the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the County's Purchasing Policy. 4.5. Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's work. 4.6. Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, showing that all materials, labor, equipment and other bills associated with that portion of the Work payment is being requested on have been paid in full. For all payments subsequent to the first payment, the Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. TR- CA -H -3 16 86 V 4.7. Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.8 Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. 5. PAYMENTS WITHHELD. 5.1. The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the contract documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. 5.2. If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1. Owner shall make final payment to Contractor in accordance with the Florida Prompt Payment Act, Florida Statutes 218.70, after the Work is finally inspected and accepted by Project Manager in accordance with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Sureties consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. 6.2. Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by 6 66 Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by Owner TR- CA -H -4 6 86 shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1. Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor. 7.3. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor - shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. TR- CA -H -5 16 B6 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by either a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: �- 8.1.1. Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2. Soil conditions which adversely affect the Work; 8.1.3. The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4. The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5. All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6. Description of Work being performed at the Project site; 8.1.7. Any unusual or special occurrences at the Project site; 8.1.8. Materials received at the Project site; 8.1.9. A list of all visitors to the Project 8.1.10. Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. TR- CA -H -6 8.2. Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. curbing or sidewalk). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3. Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1. Contractor shall diligently pursue the completion of the Work and coordinate the Work being _w done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all _w construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. TR- CA -H -7 _ 16 86 9.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 10. CHANGES IN THE WORK. 10.1. Owner shall have the right at anytime during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 10.2. A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and -- executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3. If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4. In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. TR- CA -H -8 11. CLAIMS AND DISPUTES. 16 86 1 11.1. Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2. Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours after the first day of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure, incorporated herein by reference. A copy of the Dispute Resolution Procedure is available in the Purchasing Department or on the Purchasing website at colliergov.net/purchasing. All claims shall be priced in accordance with the provisions of Subsection 10.4. -- 11.3. The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract -� Documents during the pendency of any Claim. 12. OTHER WORK. 12.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. TR- CA -H -9 16 6 9 6, 12.3. If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1. The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor / Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. 13.2. This section does not pertain to any incident arising from the sole negligence of Collier County. - 13.3. Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project _.. Manager in writing. 15. CLEANUP AND PROTECTIONS. 15.1. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. TR- CA -H -10 16 B(, 15.2. Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1. Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, °- including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1. Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. TR- CA -H -11 18.2. Owner shall notify Contractor in writing of Contractor ' s default(s). If Owner d rmigbhat Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3. If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4. The liability of Contractor hereunder shall extend to and include the full amount of any and all -- sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5. If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1. Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2. Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time TR- CA -H -12 16 B6 to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such _ designated portion) is substantially complete and request that Project Manager issue a Certificate of Completion (substantial or final Certificate of Completion). Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Design Professional and Project Manager do not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Design Professional and Project Manager consider the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct -- items on the tentative punch -list. Owner shall take ownership of the Work on the date the Certification of Final Completion is issued. 20.2. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a Certificate of Final Completion. The County, on the basis of their observations and inspections, and upon the Contractor's further certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, shall deem the entire balance found to be due Contractor as due and payable and shall issue a Certificate for Final Payment. The Contractor shall submit the final Application for Payment to the Project Manager for review and approval. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit C. (2) Consent of surety to final payment. If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. TR- CA -H -13 21. WARRANTY. 21.1. Contractor shall obtain and assign to Owner all express warranties given to C rao8r any subcontractors by any material -men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance - with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. 21.3 The Contractor shall be fully responsible to the County and Consultant for all acts and omissions of the Subcontractors, suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with the Contractor just as the Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the County or Consultant and any such Subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the County or Consultant to pay or to see to the payment of any moneys due any such Subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 21.4 The Contractor agrees to bind specifically every Subcontractor to the applicable terms and and conditions of the Contract Documents to the benefit of the County. All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor. 22. TESTS AND INSPECTIONS. 22.1. Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. TR- CA -H -14 L6 b6 22.2. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3. If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project _. Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for _. Project Manager's observation and be replaced at Contractor's sole expense. 22.4. Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. — 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2. If the Project Manager consider it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3. If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Owner or Project Manager to exercise this right for the benefit of Contractor or any other party. TR- CA -H -15 16 B6 23.4. Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1. Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. TR- CA -H -16 6 bb 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. - 25.1. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until the date the Certification of Final Completion is issued. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to -- stresses or pressures that will endanger it. 25.3. Contractor shall not disturb any benchmark established by the Owner or Design Professional -~ with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. — 26. EMERGENCIES. 26.1. In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 26.2 Contractor shall be required to respond within one (1) hour to any emergency call from the Owner or Owner's representative and to be on site within two (2) hours from the initial call if the Contractor's presence on the site is determined necessary by the Project Manager. 27. USE OF PREMISES. 27.1. Contractor shall maintain all construction equipment, the storage of materials and equipment TR- CA -H -17 6 B6 and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1. All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2. Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall - cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. It shall be the Contractor's responsibility to prepare an agenda and to take and distribute minutes of all project meetings. TR- CA -H -18 16 B6 y 30. VENDOR PERFORMANCE EVALUATION Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid proposal page. MOT plan is to be provided within ten (10) days of receipt of Notice of Award. 32. DIRECT PURCHASE 32.1 The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this (choose one) Bid /RFP /Agreement which shall take precedence over other conditions and terms of this (choose one) Bid /RFP /Agreement where inconsistencies or conflicts exist. Additionally, the County; at it's sole option; may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Contractor: A. Required quantities of material. B. Specifications relating to goods and /or materials required for job including brand and /or model number or type if applicable C. Pricing and availability of goods and /or materials provided under Contractor's agreements with material suppliers TR- CA -H -19 I • r� 32.2 Purchasing Upon receipt of a proper requisition (including appropriate backup material(s), the Purchasing Department shall issue a Purchase Order for the material required. Each Purchase Order shall contain the County's certificate of exemption number. The Purchase order shall be given to the Project Manager for completion of the ordering process. Unless the following items were included in the quote provided by the vendor to the Project Manager, the Purchase Order shall also provide for reimbursement of the cost to the supplier for: A. Shipping and handling B. Insurance costs C. Performance Bond 32.3 General Terms and Conditions A. Contractor shall be required to maintain records of all County- furnished materials that it incorporates into the project from the stock of County- furnished materials in its possession. Such records shall be furnished monthly to the Project Manager or their designee and shall include information on materials that have 1. Been delivered into the Contractor's possession and /or 2. been incorporated into the project. B. Notwithstanding the transfer of County- furnished materials by the County to the Contractor's possession, the County shall retain legal and equitable title to any and all County- furnished materials. C. The transfer of possession of County- furnished materials from the County to the Contractor shall constitute a bailment for the mutual benefit of the County and the Contractor. The County shall be considered the bailor, and the Contractor the bailee for the County - furnished materials. County- furnished materials shall be considered returned to the County for purposes of their bailment at such time as they are incorporated into the Project. D. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 33. SANITARY FACILITIES Contractor shall provide sanitary facilities on the work site areas as approved by the Owner and shall be no further from work area than one quarter (1/4) mile. TR- CA -H20 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS Page Left Intentionally Blank TR-CA-1-1 16 86 :q EXHIBIT J TECHNICAL SPECIFICATIONS 16 B 6 Page Left Intentionally Blank TR-CA-J-1 EXHIBIT K 16 86 PERMITS Page Left Intentionally Blank TR-CA-K-1 EXHIBIT L 1.6 86 PLANS AND SPECIFICATIONS PREPARED BY Outside Productions, Inc. AND IDENTIFIED AS FOLLOWS: Collier County Landscape Beautification Master Plan - Golden Gate Boulevard Project - AS SHOWN ON PLAN SHEETS L1 THROUGH L6 AND IR -1 THROUGH IR -7 16 86 TECHNICAL SPECIFICATIONS Page Left Intentionaily Ellank TR-CA-J-1 SECTION I - TRAFFIC CONTROL PLAN / F.D.O.T. INDEXES 6 86 PART1 GENERAL Contractor shall maintain within the work areas maintenance of traffic (MOT) measures as ° per the Collier County requirements as listed in Exhibit H -2, General Terms and Conditions, and per F.D.O.T. Index 600 series and associated Indexes of the F.D.O.T. "Roadway and Traffic Design Standards ", current edition. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, Index 600 Series, latest edition. U.S.D.T. Manual on Uniform Traffic Control Device, latest edition. C. Project Reference: D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. E. Collier County MOT policy and /or requirements current edition. 1.02 WORK INCLUDED A. The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the (MOT) maintenance of traffic during construction and while performing extended maintenance services.. B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. D. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest Collier County MOT Policy, M.U.T.C.D. "Manual on Uniform Traffic Control Devices ", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 GENERAL NOTES A. Lane closure will not be permitted on holidays defined in the F.D.O.T. "Standard Specifications for Road and Bridge Construction ", current edition. B. The contractor shall maintain two lane operation after working hours. All hazards will be removed as per Index No. 600 series before daily operations are complete. C. On -site work hours will be restricted to daylight hours. TR- CA -J -2 6 D. This plan is a guide for the contractor coordination with the Naples F.D.O. T. istrict. Maintenance Engineer is required. E. Emergency and unforeseen conditions may require the District Engineer to restrict or remove land closures. The contractor shall make the requested adjustments, as directed by the District Engineer without delay. F. The Landscape Architect/Design Professional is not responsible for observation, means or methods of MOT setup or enforcement during project construction. End of Section I TR- CA -J -3 SECTION II - DIRECTIONAL BORING (FDOT REV. 5- 24- 02)(FA 7- 24 -02) (1 -03 v 86 i DESCRIPTION 1.1 SCOPE OF WORK: The work specified in this Section documents the approved construction methods, procedures and material for Directional Boring, also commonly called Horizontal Directional Drilling (HDD). 1.2 GENERAL: HDD is a trenchless method for installing a product that serves as a conduit for liquids, gasses, or as a duct for pipe, cable, or wire line products. It is a multi -stage process consisting of site preparation and restoration, equipment setup, and drilling a pilot bore along a predetermined path and then pulling the product back through the drilled space. When necessary, enlargement of the pilot bore hole may be necessary to accommodate a product larger than the pilot bore hole size. This process is referred to as back reaming and is done at the same time the product is being pulled back through the pilot bore hole. 1.3 Accomplish alignment of the bore by proper orientation of the drill bit head as it is being pushed into the ground by a hydraulic jack. Determine orientation and tracking of the drill bit by an above ground radio detection device which picks up a radio signal generated from a transmitter located within the drill bit head. Then electronically translate the radio signal into depth and alignment. In order to minimize friction and prevent collapse of the borehole, introduce a soil - stabilizing agent (drilling fluid) into the annular bore space from the trailing end of the drill bit. The rotation of the bit in the soil wetted by the drilling fluid creates a slurry. The slurry acts to stabilize the surrounding soil and prevent collapse of the borehole as well as provides lubrication. 1.4 Select or design drilling fluids for the site - specific soil and ground water - conditions. Confine free flowing (escaping) slurry or drilling fluids at the ground surface during pull back or drilling. Accomplish this by creating sump areas or vacuum operations to prevent damage or hazardous conditions in surrounding areas. Remove all residual slurry from the surface and restore the site to preconstruction conditions. 2 MATERIALS 2.1 GENERAL: Materials are defined as pipe or conduit that becomes the installed product. Incidental materials that may or may not be used to install the product depending on field requirements are not paid for separately and will be included in the cost of the installed product. 2.2 MATERIAL TYPE: The following material standards are to be interpreted as the minimum in place standards. Use materials that are appropriate for the stresses generated by the selected equipment and field conditions. It is not intended to portray that the use of materials with these minimum material standards will retain their required properties if the stress limits are exceeded for which they were designed during installation. Ensure that the appropriate material is used to retain compliance. TR- CA -J-4 • R Material Standards for HDD Installation Material Type Non - Pressure Pressure Polyethylene (PE) ASTM D 2447 ASTM 2513 ASTM D 2447 High Density ASTM D 2447 ASTM D 2447 Polyethylene (HDPE) ASTM D 3350 ASTM D 3350 ASTM F714 ASTM F714 ASTM 2513 Polyvinyl - Chloride ASTM F 789 N/A PVC Steel ASTM A139 Grade B(') AWWA C200 API 2B (2) No hydrostatic test required (2) Dimensional tolerances only 3 CONSTRUCTION SITE REQUIREMENTS 3.1 LEGAL PROVISIONS: Comply with the following site condition provisions: a. Chapter 556, FS for Sunshine State One Call. Use methods for marking utilities that minimize the impact on other construction or maintenance activities, including mowing operations, which may be conducted throughout the project on a cyclic basis. Limit marking to painting unless approved by the Engineer. When and where flagging of existing utilities is required, limit -- flagging to an area for which construction can be accomplished in no more than 14 consecutive days, unless approved by the Engineer. b. The Americans with Disabilities Act. When and where product lines are temporarily allowed to be exposed through the sidewalk areas for periods exceeding two consecutive work days, ensure that an alternate route is provided that meets ADA requirements. 3.2 SITE CONDITIONS: a. Carry out excavation for entry, exit, recovery pits, slurry sump pits, or any other excavation as specified in Section 120. Sump pits are required to contain drilling fluids if vacuum devices are not operated throughout the drilling operation, unless approved by the Engineer. b. Within 48 hours of completing installation of the boring product, clean the work site of all excess slurry or spoils. Take responsibility for the removal and final disposition of excess slurry or spoils. Ensure that the work site is restored to pre- construction conditions or as identified on the plans. c. Provide MOT in accordance with the Florida Department of Transportation Design Standards and the MUTCD when and where the former is silent. d. Exposure of product shall be limited to 3 feet (1m) and 14 consecutive days unless approved by the Engineer. 3.3 DAMAGE RESTORATION: Take responsibility for restoration for any damage caused by heaving, settlement, separation of pavement, escaping drilling fluid (frac -out), or the directional drilling operations, at no cost to the Department. TR- CA -J -5 16 B6 3.3.1 REMEDIATION PLANS: When required by the Engineer, provide detailed plans which show how damage to any roadway facility will be remedied. These details will become part of the As -Built Plans package. Remediation Plans must follow the same guidelines for development and presentation of the As- Built Plans. When remediation plans are required, they must be approved by the Engineer before any work proceeds. 4 QUALITY CONTROL 4.1 GENERAL: Take control of the operation at all times. Have a representative who is thoroughly knowledgeable of the equipment, boring and Departmental procedures, present at the job site during the entire installation and available to address immediate concerns and emergency operations. Notify the Engineer 48 hours in advance of starting work. Do not begin installation until the Engineer is present at the jobsite and agrees that proper preparations have been made. 4.1.1 PRODUCT TESTING: Where there is any indication that the installed product has sustained damage and may leak, stop all work, notify the Engineer and investigate damage. The Engineer may require a pressure test and reserves the right to be present during the test. Perform pressure test within 24 hours _ unless otherwise approved by the Engineer. Furnish a copy of the test results to the Engineer for review and approval. The Engineer is allowed up to 72 hours to approve or determine if the product installation is not in compliance with the specifications. The Engineer may require non - compliant installations to be filled with excavatable flowable fill. 4.1.2 TESTING METHODS: Testing may consist of one of the following methods and must always meet or exceed the Department's testing requirements: a. Follow the product manufacturer's pressure testing recommendations. b. Ensure that product carrier pipes installed without a casing meet the pressure requirements set by the owner. If the owner does not require pressure testing, the Engineer may require at least one test. - c. A water tight pipe and joint configuration where the product is installed beneath any pavement (including sidewalk) and front shoulders is required. The Engineer will determine when and where water tight joint requirements °- will be applied to the ultimate roadway section for future widening. When a product is located elsewhere, the pipe and joint configuration must meet or exceed soil tight joint requirements. Conduct tests for joint integrity for one - hour. The test for soil tight joint allows up to 0.1 gallon (0.4 liter) of water leakage at a sustained pressure of 2 PSI (13.79kPa). The water tight joint criteria allow no leakage at all for a sustained pressure of 5 PSI (34.47kPa). 4.1.3 FAILED BORE PATH: If conditions warrant removal of any materials installed in a failed bore path, as determined by the Engineer, it will be at no cost to the Department. Promptly fill all voids by injecting all taken out of service products that have any annular space with excavatable flowable fill. TR- CA -J -6 L6 B6 4.2 PRODUCT LOCATING AND TRACKING: The method of locating and tracking the drill head during the pilot bore will be shown in the plans. The Department recognizes walkover, wire line, and wire line with surface grid verification, or any other system as approved by the Engineer, as the accepted methods of tracking directional bores. Use a locating and tracking system capable of ensuring that the proposed installation is installed as intended. IF an area of radio signal interference is expected to exceed 5 feet (1.5 m), the Engineer may specify the use of a suitable tracking system. The locating and tracking system must provide information on: a. Clock and pitch information b. Depth c. Transmitter temperature d. Battery status e. Position (x, y) f. Azimuth, where direct overhead readings (walkover) are not possible (i.e. subaqueous or limited access transportation facility) g. Ensure proper calibration of all equipment before commencing directional drilling operation. h. Take and record alignment readings or plot points such that elevations on top of and offset dimensions from the center of the product to a permanent fixed feature are provided. Such permanent fixed features must have prior approval of the Engineer. Provide elevations and dimensions at al bore alignment corrections (vertical and horizontal) with a minimum distance between points of 100 feet (30m). Provide a sufficient number of elevations and offset distances to accurately plot the vertical and horizontal alignment of the installed product. A minimum of three elevation and plot points are required. Install all facilities such that their locations can be readily determined by electronic designation after installation. For non - conductive installations, attach a minimum of two separate and continuous conductive tracking (tone -- wire) materials, either externally, internally or integral with the product. Use either a continuous green- sheathed solid conductor copper wire line (minimum #12 AWG for external placement or minimum #14 AWG for internal placement in conduit /casing) or a coated conductive tape. Conductors must be located on opposite sides when installed externally. Connect any break in the conductor line before construction with an electrical clamp, or solder, and coat - the connection with a rubber or plastic insulator to maintain the integrity of the connection from corrosion. Clamp connections must be made of brass or copper and of the butt end type with wires secured by compression. Soldered connections must be made by tight spiral winding of each wire around the other with a finished length minimum of 3 inches (76 mm) overlap. Tracking conductors must extend 2 feet (610 mm) beyond the bore termini. Test conductors for continuity. Each conductor that passes must be identified as such by removing the last 6 inches (152 mm) of the sheath. No deductions are allowed for failed tracking conductors. Failed conductor ends must be wound "A into a small coil and left attached for future use. 4.3 PRODUCT BORE HOLE DIAMETER: Minimize potential damage from soil displacement /settlement by limiting the ratio of the bore hole to the product size. The size of the back reamer bit or pilot bit, if no back reaming is TR- CA -J -7 required, will be limited relative to the product diameter to1b6ins86d as follows: Maximum Pilot or Back - Reamer Bit Diameter When Rotated 360 degrees Nominal Inside Pipe Diameter Inches mm Bit Diameter Inches [mm] 2 50 4 100 3 75 6 150 4 100 $ 200 6 150 10 250 8 200 12 300 10 250 14 350 12 [3001 and greater Maximum Product OD plus 6 150 4.4 DRILLING FLUIDS: Use a mixture of bentonite clay or the other approved stabilizing agent mixed with potable water with a minimum ph of 6.0 to create the drilling fluid for lubrication and soil stabilization. Vary the fluid viscosity to best fit the soil conditions encountered. Do not use any other chemicals or polymer surfactants in the drilling fluid without written consent from the Engineer. Certify to the Engineer in writing that any chemicals to be added are environmentally safe and not harmful or corrosive to the facility. Identify the source of water for mixing the drilling fluid. Approvals and permits are required for obtaining water from such sources as streams, rivers, ponds or fire hydrants. Any water source used other than a potable water may require a pH test. 4.5 EQUIPMENT REQUIREMENTS: Ensure that appropriate equipment is provided to facilitate the installation as follows: Match equipment to the size of pipe being installed. Obtain the Engineer's approval for installations differing from the above chart. Ensure that the drill road can meet the bend radius required for the proposed installation. 4.6 THRUST /PULLBACK REQUIREMENTS: Unless approved by the Engineer, limit -- use of HDD equipment to installing the following product sizes and lengths based on the following product size, force and length relationships. TR- CA -J -8 HDD Equipment System Pipe Bore Length Torque Ft -Lbs Trust /Pullback Description Diameter Feet [m] [nm] Lbs [kN] Inches mm Maxi -HDD 18 [450] and >1,000 [305] >10,000 >70,000 reater 13,558 311.375 Midi -HDD Up to 16 [400] Up to 1,000 1,900 to 9,999 20,001 to [305] [2,576 to 69,999 [88.969 13,557] to 31 1.374 Mini -HDD Up to 6 [150] Up to 600 Up to 1,899 Up to 20,000 [1801 1 Up to 2,575 Up to 88.964 For the above, multiple pipe or conduit installation must not exceed the total outside pipe, diameters stated above. Match equipment to the size of pipe being installed. Obtain the Engineer's approval for installations differing from the above chart. Ensure that the drill road can meet the bend radius required for the proposed installation. 4.6 THRUST /PULLBACK REQUIREMENTS: Unless approved by the Engineer, limit -- use of HDD equipment to installing the following product sizes and lengths based on the following product size, force and length relationships. TR- CA -J -8 I HDD Bore Equip ment Thrust /Pullback Capacity Lbs 5,000 to 7,001 to 12,001 to 16,001 to 25,001 to >40,000 7,000 12,000 16,00 25,000 40,000 kN 22.241 to 31.139 to 53.380 to 71.173 to 111.207 > 177.929 31.138 53.379 71.172 111.206 to 177.929 Product Size (1) Maximum Pullback Distance In Feet [m] Inches mm 4 [100] 400 [122] or < or < 6 [150] 600 [183] or < or < 8 [200] 800 [244] or< or< 10 [250] 1,000 or < [305] or < 12 [300] 2,000 or < [610] or < > 12 Engineer's [300] Discretion for the above, where a single pull of multiple conduits is to be attempted, the applicable product size must be determined by the diameter of a circle that will circumscribe the individual conduits as a group. -- 5 DRILLING OPERATIONS: m 5.1 INSTALLATION PROCESS: Ensure adequate removal of soil cuttings and stability of the bore hole by monitoring the drilling fluids such as the pumping rate, pressures, viscosity and density during the pilot bore, back reaming and pipe installation. Relief holes can be used as necessary to relieve excess pressure down hole. Obtain the Engineer's approval of the location and all conditions necessary to construct relief holes to ensure the proper disposition of drilling fluids is maintained and unnecessary inconvenience is minimized to other facility users. To minimize heaving during pull back, the pull back rate is determined in order to maximize the removal of soil cuttings without building excess down hole pressure. Contain excess drilling fluids at entry and exit points until they are recycled or removed form the site of vacuumed during drilling operations. Ensure that entry and exit pits are of sufficient size to contain the expected return of drilling fluids and soil cuttings. Ensure that all drilling fluids are disposed of or recycled in a manner acceptable to the appropriate local, state, or federal regulatory agencies. When drilling in suspected contaminated ground, test the drilling fluid for contamination and appropriately dispose of it. Remove any excess material upon completion of the bore. IF in the drilling process it becomes evident that TR- CA -J -9 the soil is contaminated, contact the Engineer immediately. 6t ue drilling without the Engineers approval. The timing of all boring processes is critical. Install a product into a bore hole within the same day that the pre -bore is completed to ensure necessary support exists. 5.2 BORING FAILURE: If an obstruction is encountered during boring which prevents completion of the installation in accordance with the design location and specifications, the pipe may be taken out of service and left in place at the discretion of the Engineer. Immediately fill the product left in place with excavatable flowable fill. Submit a new installation procedure and revised plans to the Engineer for approval before resuming work at another location. If, during construction, damage is observed to the FDOT /County facility, cease of all work until resolution to minimize further damage and a plan of action for restoration is obtained and approved by the Engineer. 6 DOCUMENTATION REQUIREMENTS: 6.1 BORING PATH REPORT: Furnish a bore Path Report to the Engineer within seven days of the completion of each bore path. Include the following in the report: a. Location of project and financial project number including the Permit Number when assigned. b. Name of person collecting data, including title, position and company name. c. Investigation site location (Contact plans station number or references to a permanent structure within the project right -of -way) d. Identification of the detection method used. e. Elevations and offset dimensions as required in Section 4.3. 6.2 AS -BUILT PLANS: Provide the Engineer a complete set of As -Built Plans showing all bores (successful and failed) within 30 calendar days of completing the work. Ensure that the plans are dimensionally correct copies of the Contract plans and include roadway plans and profile, cross - section, boring location and subsurface conditions as directed by the Engineer. The plans must show appropriate elevations and be referenced to a Department Bench Mark when associated with a Department project, otherwise use USGS - grid system and datum, or a specific location on top of an existing Department headwall. Plans must be in the same scale in black ink on white paper, of the same size and weight as the contract plans. Submittal of electronic plans date in lieu of hard copy plans is preferred any may be approved by the Engineer if compatible with the Department software. Specific plans content requirements include but may not be limited to the following: a. The Contract plan view shows the centerline location of each facility installed, or installed and placed out of service, to and accuracy of 1 inch (25 mm) at the ends and other points physically observed in accordance with the bore path report. b. As directed by the Engineer, provide either a profile plan for each bore path, or a cross - section of the roadway at a station specified by the Engineer, or a roadway centerline profile. Show the ground or pavement surface and crown elevation of each facility installed, or installed and TR- CA -J -10 Lb B6 placed out of service, to an accuracy within 1 inch 925 mm) at the ends and other exposed locations. On profile plans for bore paths crossing the roadway show stationing of the crossing on the Contract plans. On the profile plans for the bore paths paralleling the roadway, show the Contract plans stationing. If the profile plan for the bore path is not made on a copy of one of the Contract profile or cross - section sheets, use a 10 to 1 vertical exaggeration. c. If, during boring, an obstruction is encountered which prevents completion W" of the installation in accordance with the design location and specification, and the product is left in place and taken out of service, show the failed bore path along with the final bore path on the plans. Note the failed bore path as "Failed Bore Path — Taken Out of Service ". Also show the name of the Utility owner, location and length of the drill head and any drill stems not removed from the bore path. d. Show the top elevation, diameter and material type of all utilities encountered and physically observed during the subsoil investigation. For — all other obstructions encountered during a subsoil investigation or the installation, show the type of material, horizontal and vertical location, top and lowest elevation observed, and note if the obstruction continues below ry the lowest point observed. e. Include bore notes on each plan stating the final bore path diameter, product diameter, drilling fluid composition, composition of any other materials used to fill the annular void between the bore path and the product, or facility placed out of service. Note if the product is a casing as well as the size and type of carrier pipe placed within the casing as part of _ the Contract work. 7 METHOD OF MEASUREMENT: The method of measurement will be based on the length of product measured in place along the surface of the ground, complete and accepted. No additions or deductions will be made for sweeps in either the vertical or horizontal direction to complete the installation. 8 BASIS OF PAYMENT: Payment will be full compensation for all work specified in this Section, including all installations, from plan point of beginning to plan point of ending (i.e. pull box) at plan depth, product, tracking conductor, removal of excavated materials and spoils, removal and disposal of drilling fluids, backfilling, and complete restoration of the site. Bundled product in a single bore will be paid for as a single bore based on the required drill bit head or reamer head size. Separate payment shall not be made for individual products in a bundle. The installation and attachment of tracking conductors (wire or tape) will be included in the cost of the bore and will not be paid for separately. No payment will be made for failed bore paths, injection of flowable fill, products taken out of service or incomplete installations. No payment will be made for directional boring until a Bore Path Report has been delivered to the Engineer. After the Engineer's acceptance of the Bore Path Report, payment will be made in the amount of 70% of the unit price bid, TR- CA -J -11 0 1 B6 for Directional Boring. The remaining 0 /o of the unit rice bif wi 9 p II be made after submittal of As -Built Plans, in accordance with Section 6.2. Payment will be made under: Item No. 1 Directional Bore — per foot of bore diameter Item No. Directional Bore — per meter of bore diameter OVERSIZE DIRECTIONAL BORING REVIEW PROCEDURE The following rule applies in accordance with provisions contained in the Utility Accommodation Manual. All bores larger than 6 inches total (for example 2 -4 inch, 7 inch, 3 -3 inch) must be approved by the STATE UTILITY ENGINEER, unless the District Maintenance or Construction Office can establish compliance based on the following conditions: 1. The Utility bore depth will equal or exceed 10 times the bore size when the utility will be installed under FDOT pavement, OR 2. When installations are outside of the pavement area, the offset parallel to the pavement must be at least 3.5 times the bore size, OR 3. The soils blow count is at least 30 blows per foot based on standard penetration tests in the area of installation. 4. New bore installations must maintain at least 3.5 times the bore size clearance from vitrified clay pipe sanitary and any gas lines. 5. Permit must demonstrate the location (vertically and horizontally) and type of all utilities within at least 3.5 times the bore size in the immediate vicinity of the proposed work by the Permittee. �- If the Permittee can comply with the above, there is no need for the State Utility Engineer to review the Permit. If compliance cannot be achieved, before a review can be conducted, information regarding the soils in the area of the installation must -- be acquired. This must include blow counts at least through a depth of 10 times the bore or 2 feet into a strata providing a blow count of 30 or more. If a blow count of 30 is reached at a depth of 4 feet then the soils data need only proceed to a depth -- of 6 feet. As an option to acquiring Geotech Services, the Permittee may use FDOT soils data from old FDOT plans when available. It is the Permittee's responsibility to acquire this information, and not the FDOT to do the research. When the permits engineer gets the required data, he or she should call to explain the situation. Do not send any permits to the State Utility Engineer to sign off on. TR- CA -J -12 16 06 TR- CA -J -13 SECTION III - UNDERGROUND ELECTRIC SERVICE FEED 16 B6 PART1 GENERAL -` Contractor shall install electric underground service feed assembly to meet the requirements of all local and national electric codes, as well as to the requirements of Florida Power & Light Co. installation requirements. Installation shall meet the above mentioned requirements and at a minimum be in accordance to the F.D.O.T. standard Detail B, Underground Feed, service Point Details, Index 17504 as shown below. 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, January 2000, Index 17505 C. Project Reference. D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. 1.02 WORK INCLUDED A. The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the installation of an underground electric feed assembly. B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. Collier County right -of -way Permit shall be provided by the Owner. C. No deviation from these specifications, the accompanying drawings, or agreement is authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. D. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to -- beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices ", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 QUALITY ASSURANCE A. Installer Qualifications: A firm specializing in electrical work, with not less than five (5) years of experience in installing systems similar to those required for this project. B. Coordination: Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. C. Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor TR- CA -J -14 J shall take out all required permits, arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work under this contract. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. 1.04 GENERAL SERVICE SPECIFICATIONS A. The enclosure shall be NEMA 3R, pole mounted, rain - tight. B. The enclosure door shall be lockable by padlock and four keys provided at the maintaining agency. The door shall have a minimum of three hinges and be latchable. No screws to be used to attach door. C. 480 V minimum rating bolt -in type breakers shall be used. D. Busbar to be copper coated and have a minimum rating of 100 amps. When main breaker exceeds 100 amps busbar to match breaker amperage. E. Locate contactor, transformer, and H.O.A. switch inside of enclosure, The enclosure to be sized to accommodate as many breakers as called for and all other service equipment. F. The enclosure to be rigidly attached to prefabricated concrete pole face. G. A 600 V lighting protector shall be wired inside the enclosure. H. A main breaker is required in all service panels with 2 or more feeder breakers. I. All service equipment shall be U.L. approved. TR- CA -J -15 SECTION IV -GRADING B6 PART 1_ GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.O.W. Ordinance C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated on the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items ". B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project - and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices ", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 RELATED WORK A. Section I Traffic Control Plan / F.D.O.T. Indexes B. Section V Planting Soil Preparation C. Section V Irrigation D. Section VII Plant Material and Installation E. Section VIII Sodding 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. 1.05 EXISTING GRADES TR- CA -J -16 A. The existing grades if shown on the drawings are approximate only, and thkonfrak is P Y responsible for grading to meet proposed and/or existing grades as required. B. The existing grade for all median work shall be based upon the top of existing curbing. C. Grading and drainage modifications shall be accomplished as per the plans and notes. The contours and/or grades established under contract will be the finished grades shown. The contractor under this contract shall perform the Work for construction using the existing finished grades previously established and modified in designated areas making whatever corrections and/or repairs to grades to make them consistent with the requirements of the drawings and specifications. D. Established finished grades shall be approved by the Owner's Representative /Landscape Architect for all project landscape areas prior to initiating landscape planting. 1.06 UTILITIES A. In accordance to State of Florida law before starting site operations, call for utility locations from the appropriate agency and verify that the earlier Contractors have disconnected all temporary utilities which might interfere with the grading work. B. Locate all existing active utility lines traversing the site, and determine the requirements for their protection. Preserve in operating condition all active utilities adjacent to, or transversing the site that are designated to remain, or are installed by this project. -- C. Observe rules and regulations governing respective utilities in working under requirements of this section. Adequately protect utilities from damage, remove or relocate as indicated, specified or required. Remove, plug or cap inactive or abandoned utilities encountered in - excavation. Record location of active utilities. D. Utilities shall include those areas of jurisdiction of the South Florida Water Management and South West Florida Water Management Districts. Location of these areas within the Projects Limits, and the coordination of work within these areas, is the responsibility of the contractor under this contract. 1.07 QUALITY ASSURANCE A. Requirements of all applicable building codes and other public agencies having jurisdiction upon the work. B. Primary emphasis should be given to the aesthetic appearance and functioning of the road right of way and median landscape grading, as directed by the Landscape Architect, or Owner's Representative, The Contractor shall employ skilled personnel and any necessary equipment to insure that finish grading is smooth, aesthetically pleasing, drains well with positive overland drainage, and is ideal for receiving sod and plant materials. The contractor will coordinate the aesthetic fine grading of the landscape areas with the roadway projects grades and profiles. PART 2 MATERIALS TR- CA -J -17 2.01 EXISTING SOIL 16 86 __.. A. The Contractor shall, after removal of generally the top four inches (4 ") of existing soil per the plans and details, insure that all remaining existing soil has sufficient percolation and drainage to support plant material, and that extreme compaction does not exist. Remove all existing road rock from these areas B. In all areas to receive paving the existing soils shall be removed to a sufficient depth to allow for installation of pavers and base materials. C. In all areas or locations to receive shrubs, groundcovers, trees or palms, after existing soil have been removed and the proposed topsoil installed planting soil mixes as outlined in Section V "Planting Soil Preparation ", and per the drawings and details shall be installed. PART EXECUTON 3.01 JOB CONDITIONS A. Dust Control Use all means necessary to prevent dust from construction operations from being a nuisance to adjacent property owners, and from damaging finish surfaces on adjacent buildings, - paving, etc. Methods used for dust control are subject to approval by the Landscape Architect or Owner's Representative. B. Stockpiling Soil Materials Within median limit of sight areas stockpiled soil materials shall not be permitted and in no place shall the stockpiled materials be higher than three feet. C. Protection Use all means necessary to protect curbs, gutters, retaining walls, sprinklers, utilities and vegetation designated to remain, and , in the event of damage; immediately make all repairs, replacements and dressings to damaged plants necessary to the approval of the Landscape Architect. Contractor shall incur all costs for the replacement of damaged objects and vegetation. Damage of existing Trees and Palms by the contractor will require replacement in kind within seven (7) days of the damage. 3.02 SCHEDULING A. Schedule all work in a careful manner with all necessary consideration for heavy traffic periods, adjoining property owners, land parcels, and the public in general. B. Coordinate schedule with the Program Manager and other Contractors to avoid conflicts with their work. 3.03 EXCAVATION TR- CA -J -18 16 B6 A. Excavate existing median soils and turf grass vegetation to a four (4) inches ( + / -) and in median end planting beds to a maximum of six (6) inches ( + / -) in depth to obtain desired grade profiles per the attached plans and notes. (Alternate): Contractor to cut & fill existing on site materials to create undulations of ground as shown or notes on the plans. Excavate all median areas to receive paving to a sufficient depth to allow for the paving installation materials. B. Materials to be excavated are unclassified. C. Remove entirely any existing obstructions after approval by the Landscape Architect, and Owner. D. Remove from site and dispose of debris and excavated material not required by the job the same day it is excavated. E. Remove all rocks or stones greater than one inch in diameter within the top four inches of soil in turf areas and to an 8 inch depth in planting beds. 3.04 FINISHED GRADING A. The Contractor shall establish finished grades as shown on the grading plans, and as _. directed by the Landscape Architect and /or Owner; including areas where the existing grade has been disturbed by other work. B. Finished grading shall be smooth, aesthetically pleasing, well drained, and ready to receive sod and other plant material to the full satisfaction of Landscape Architect and Owner. C. The Contractor shall use and employ the services of a registered land surveyor in the State of Florida, to both establish project grades for fine grading operations, and also to provide certified as -built grading plans if required. D. Finished grade tolerances for the aesthetic grading of the landscape areas of the project shall be '/ inch vertically and 12 inches horizontally from the grades shown on the plans, unless otherwise required by the related documents or roadway grading and profiles. 3.05 COMPACTION A. Compact each layer of fill in designated areas with approved equipment to achieve a maximum density at optimum moisture, AASHTO T 180 — latest edition. I. Under buildings, roadways, curbs, walks and other paved areas: Compaction shall be to a minimum of 95% of maximum density. 2. Under landscaped area: Compaction shall not exceed 90% of maximum density, and not to be less than 85% of maximum density. B. No backfill shall be placed against any masonry or other exposed building surface until permission has been given by the Owner, and in no case until the masonry has been in place seven days. TR- CA -J -19 C. Compaction in limited areas shall be obtained by the use of mechanic t&pego&pproved hand tampers. When hand tampers are used, the materials shall be deposited in layers not more than four (4 ") inches thick. The hand tampers used shall be suitable for this purpose and shall have a face area of not more than 100 square inches. Special precautions shall be taken to prevent any wedging action against masonry, or other exposed building surfaces. Density testing to be per County and F.D.O.T. standards. 3.06 CORRECTION OF GRADE A. Bring to required grade level areas where settlement, erosion or other grade changes outside those shown in the drawings occur. Adjust grades as required to carry drainage away from buildings, and to prevent ponding around the buildings pavements, and planting - areas. B. Remove all rocks, 1" in diameter or greater or objectionable material to depth as specified prior to commencing landscaping. C. Contractor shall be responsible for stabilizing grades by approved methods prior to landscaping, and shall be responsible for correction of grades as mentioned above, and cleanup of any wash outs or erosion. END OF SECTION IV TR- CA -J -20 SECTION V — PLANTING SOIL PREPARATION 16 B6 PART 1 — GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.O.W. Ordinance. C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated in the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items ". B. Including, but not limited to: 1. Topsoil placement 2. Soil Conditioners 3. Prepared Planting Soil Mixes 4. Prepared top dressing soil mixes. C. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices ", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 RELATED WORK A. Section I Traffic Control Plan / F.D.O.T. Indexes B. Section IV Grading C. Section VI Irrigation D. Section VII Plant Material and Installation E. Section VIII Sodding 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be TR- CA -J -21 16 66 performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. 1.05 QUALITY ASSURANCE A. Testing Agency: Independent testing laboratory as approved by F.D.O.T. and Collier County. B. Requirements, Reference Standards and Regulatory Agencies: Conform to requirements of _.. all City, County and State agencies having jurisdiction. 1.06 SUBMITTALS A. Test Reports Test reports shall consist of pH range, major and minor element analysis, soluble salt concentrations, sand fraction analysis and testing laboratory recommendations as to suitability of soil for planting and drainage. Reports shall be identified by project name, date, and soil mix type. The following reports are required: 1. Results of topsoil analysis. 2. Results of planting soil mix analysis: One test required per each type of soil mix with and without specified fertilizer (note: pH ranges for plant type) �. 3. Results of Sand Analysis: One sand fraction analysis required. 4. Results of imported topsoil analysis. The Owner's representative or Landscape Architect may require additional test reporting based on field and project conditions at their discretion. B. Certificates 1. Manufacturer's certification and/or testing laboratory certification that content of soil conditioners meet specification requirements. 2. Manufacturer's certificate of fertilizer's chemical composition including, but not limited to, percentage and derivation of nitrogen, phosphorus, potassium, and micro- -' nutrients. 3. Submit all certification to the Landscape Architect a minimum of one week prior to installation of any materials. C. Soil Samples 1. Submit a one -pound sample of each soil mix specified. Soil samples with required test reports must be submitted by the Contractor to the Landscape Architect a minimum of one week prior to installation beginning. Each sample must be clearly labeled as to contents. 2. Submit one -pound sample of each soil conditioner required to mix each prepared planting soil mix. 3. Schedule soil sample with Landscape Architect to verify location, time, conditions, etc. of samples. TR- CA -J -22 1.07 JOB CONDITIONS 16 66 A. Contractor shall become familiar with the site and the required work to complete this section in accordance with the drawings and what is specified herein. B. Contractor shall be responsible for bringing all areas to finished grade as shown on drawings. Any changes, modifications, or disturbances to the fine grading shall be corrected by the responsible contractor. C. Protection: Protect and avoid any damage whatsoever to existing walks, pavement, curbs, utilities, plant material, and any other work. D. Contractor shall be responsible for stabilizing all slopes and planting soil by approved methods. PART 2 — PRODUCTS 2.01 TOPSOIL _. A. Topsoil source for planting shall be provided by the Contractor from off site sources. B. Topsoil shall be suitable for ornamental plant growth and free from hard clods, stiff clay, hardpan, gravel, Subsoil, brush, large roots, refuse, or other deleterious material, and of reasonable uniform quality. Existing topsoil prior grading shall be treated with post- emergent herbicide and after placement treated with post and pre- emergent herbicides to remove - weeds. C. Mechanical Analysis: Topsoil and soil mixture(s) shall meet these specifications and the following mechanical analysis: Percentage Passing By Sieve Size Dry Weight Sieve Size Percentaae 1 inch 99 -100 Y4 inch 97- 99 No. 200 less than 7% Materials larger than one inch shall be disposed of off the site. Existing leaf litter and plant material shall be removed from topsoil and soil mix. D. Maximum Soluble Salts: 300 ppm. E. Contractor shall assure existing soils are free of any visible weeds. F. In the event topsoil on site does not meet the above requirements, topsoil meeting the requirements may be imported from off -site sources after approval by Landscape Architect and Owner's Representative. Minimum Off -Site Topsoil Requirements: TR- CA -J -23 16 86 Topsoil shall be friable, fertile soil with representative characteristics of local soils. It shall be free of heavy clay, marl, stone, extraneous lime, plant roots, refuse, sticks, W brush, litter, and any harmful materials. There shall be no exotic or noxious weeds or weed seeds (i.e. nut grass, Bermuda grass, sedges and the like). In no case shall there be more than five percent (5 %) by volume of stones, coarse sand, gravel or clay lumps larger than one inch (1") in diameter. The soil shall test in the pH range of 5.5 to 7.5 and shall contain no substance, which will impede plant growth. Adjustment of the pH shall only be allowed for increasing the pH level by adding dolomitic limestone. The topsoil shall be sampled and laboratory tested for certification and approval prior to installation. Topsoil shall conform to the following composition ranges: Components Volume Measure Particle Size Organic matter .5 % to 4% Silt 3 % to 40 % .05 -.002 mm Sand 60 % to 85% .20 -.050 mm Clay 3 % to 10% .002 mm & below 2.02 SOIL CONDITIONERS A. Dolomitic Limestone: Approved product, designated for agriculture use. B. Ammonium Sulfate: Manufacturer's standard commercial grade. C. Florida Peat: Suitable for plant growth, capable of sustaining vigorous plant growth, and specifically pulverized for agricultural use. Florida peat shall be free of deleterious materials that would be harmful to plant growth, shall be free of nematodes, shall be of uniform quality, and shall have a pH value between 5.5 and 6.5 (as determined in accordance with ASTM E70). Florida peat shall be sterilized to make free of all viable nut grass and other undesirable weeds prior to delivery to the project site, and shall be delivered with certification of sterilization. D. Pesticides: As recommended by applicable Agricultural Public Agencies. E. Herbicides: As recommended by applicable Agricultural Public Agencies. F. Soil Fumigants: As recommended by applicable Agricultural Public Agencies. G. Fertilizer: I. Commercial grade fertilizer to comply with State of Florida Fertilizer laws. Chemical designation shall be as specified with at least 50% of the nitrogen derived from a non - water soluble organic source, and all potash to be derived from triple super sulfate forms for all plantings (i.e. submit suppliers analysis affirming the above). The following minor elements shall be included: Zn, Cu, Mg, Fe, Mn, B a. Contractor shall adjust specified analysis of fertilizer with required minor elements as required depending upon test results of existing soils, planting TR- CA -J -24 soil(s) and testing laboratories recommendations at no §ditioa�n cost to Owner. b. Federal Specifications O -F -241 Type 1, Grade A or B. C. The chemical designation for granular fertilizer for all plantings shall be 8 -10- 10 unless otherwise recommended by testing laboratory. �- d. Contractor shall submit adjusted fertilizer analysis for plant type as may be required (i.e. soil, shrubs /groundcovers, trees, and palms). 2. Note Section III, Trees, Plants and Groundcovers for additional fertilizer requirements. H. Water: Free of substances harmful to growth of plants. Water shall also be free of staining agents as well as elements causing odors. Potable water will be used on the project. However, reclaimed water will be used, as available, for irrigation purposes. I. Soil Sterilizers: As recommended by State and Local Agriculture agencies. Pre - emergent herbicide "Surflan" or equal and Post - emergent herbicide "Roundup" or approved equal, handled and applied per manufacturers label and instructions, as well as per all regulatory agencies requirements and regulations. J. Sand: Clean, white, coarse - grained (0.5 mm or greater) builders sand, free of substances harmful to growth of plants. Beach sand and Mason's sand shall not be used. K. Gravel: Clean (washed), and free from substances harmful to growth of plants. Gravel shall consist of %" minimum diameter to 1" maximum diameter stones with 50% of the stones no greater than 1" diameter. L. Supply complete information on all analysis /test methodologies and results; laboratory certifications, manufacturers specifications, and agency approvals to Landscape Architect or Owner's Representative prior to placement of soil conditioners. Landscape Contractor shall make all modifications and improvements to soil and soil mixes deemed necessary by Landscape Architect and Owner's Representative to meet requirements herein, and to ensure proper growing medium for all plant material without additional cost to Owner, prior to planting. 2.03 PLANTING SOIL MIXES A. Planting soil mixtures(s) shall be suitable for plant growth and free from hard clods, stiff clay, hardpan, gravel, brush, large roots, nematodes, weeds, refuse, or other deleterious material, and of reasonably uniform quality. B. Planting soil mixtures shall be placed per the plans, details and notes in all planting beds and as backfill around the root balls of all trees as follows: 1. General Palm Soil Mix: 100% Topsoil Roots Inc., "M- roots" formula 25 lbs. per palm on top of backfill. 2. Ronal Palm Soil Mix: 50% Approved topsoil /Florida Peat mixture 50% Clean course builders sand 1 cubic yard of mix per palm TR- CA -J -25 Ph range 5.5.- 6.5 16 B6 Roots Inc., "M- roots" formula 25 lbs. per palm on top of backfill. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the - project. C. Trees /Shrubs and Groundcovers: Planting soil mixture shall be placed to a 4" depth over all plant areas then tilled into the topsoil and existing sub -grade to a depth of eight (8) inches. Planting soil mixture shall also be used to mix 50/50 with existing soil and used as backfill around the root balls of all trees, which consist of a mixture as follows: Blend at a 50% existing or imported topsoil and 50% planting soil mix Planting Soil Mix: - 40% Florida fibrous peat 20% Compost 20% Wood chips 20% Sand (05 -.002 mm particle size) Roots Inc., "M- roots" formula on top of backfill. 1 gal. - .25 lb. per plant, 3 gal. -.50 lb., 10 gal. - 1 lbs., 1.5" cal. dia. - 2 lbs., 2" dia. - 3 lbs. 2.5" dia. - 5 lbs., 3" dia. - 7 lbs., 4" dia. - 12 lbs., 5" dia. - 16 lbs., 6" dia. Plus - 25 lbs. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. D. St. Augustine Floratam Sod: Existing soil to be tilled to a minimum 4" depth below all sod areas. Additive to existing soil in turf areas Roots Inc., "M- roots" formula 10 lbs. per 1000 sq. ft. with rotary spreader. Note: Contractor shall be responsible to assure percolation of all sod areas. Increased depth of scarification may be required to insure percolation in the sod areas of the project. E. Annual Beds: Preparation and amendment of all annual beds shall be as follows if shown on plans: Excavated existing soil into the center of the bed for elevation and drainage. Spread the following soil amendments evenly over the bed area. 1/3 Florida peat 1/3 Pine bark 1/3 Clean builders sand 4 to 6 month Osmocote 1 tablespoon per plant F. Provide certification that all planting soil mixtures are 99% free of all viable nut grass, and other undesirable weed seeds. G. All planting soil mixes shall be thoroughly blended to form a uniform planting medium suitable for exceptional plant growth. TR- CA -J -26 16 B6 H. Test pH of prepared topsoil and planting soil mixtures by method acceptable to current industry standards. If pH is not between 5.5 and 6.5, add approved soil conditioner /additive to bring pH within that range. Imported local topsoil shall have a Ph range of 5.5 to 7.5. I. Supply complete information on all analysis /test methodologies and results; laboratory certifications, manufacturers specifications, and agency approvals to Landscape Architect prior to placement of soil mixtures. In addition, provide Landscape Architect with thoroughly mixed sample of all soil mixes for approval prior to placement (note pH ranges). Landscape Contractor shall make all modifications and improvements to soil mixes deemed necessary by Landscape Architect to meet requirements herein, and to ensure proper growing medium for all plant material without cost to Owner, prior to planting. PART 3-- EXECUTION 3.01 INSPECTION A. Examine areas to receive soil preparation to assure work of other trades has been completed. Whole contiguous areas are to be prepared at the same time without patchwork or checkerboard work areas. B. Verify that plants to remain undisturbed have been clearly identified and protected from injury during construction. If not, identify and protect plants to remain according to procedures set forth in Section III, "Trees, Plants, and Groundcovers ". C. Remove all construction materials and debris from all areas to be landscaped, without additional expense to Owner, prior to subsoil preparation. D. Verify that all areas have been properly graded, and that all planting areas have adequate surface drainage prior to planting. -- E. Do not proceed with soil preparation or soil top dressings until all unsatisfactory conditions are corrected. F. Verity representative soil percolation test for planting pits in each project area to ensure proper soil drainage prior to planting. Schedule percolation test with Landscape Architect to verify compliance. 3.02 SITE PREPARATION A. General: Within the entire contiguous area to be landscaped, sodded or seeded, as shown on the drawings, the contractor shall complete the following site preparation. Initiate site preparation as stated herein, and coordinate all work with the existing underground sprinkler system and electrical lines. B. Grading: Upon completion of the excavation of the existing soil topsoil as described within and deemed acceptable by the Owner's Representative, the contractor shall grade and place soil mixes in all areas to the proposed grades. Proposed grades shall be as shown or notes on the plans. All areas shall be maintained in a true and even condition. All areas shall be TR- CA -J -27 16 86 positively drained to existing drainage structure where existing and properly compacted to prevent the formation of depressions where water will stand. All undulations and irregularities in the surface shall be leveled prior to initiating landscape planting. C. Post - Emergence Herbicide: Apply "Roundup" or equal as manufactured by Monsanto Corp. according to manufacturers recommended rate and specification within the limits of all areas specified on the plans to be landscaped as needed to control weeds. Protect existing plants from overspray. Contractor shall ensure total eradication of all existing weed and /or natural groundcover of all areas to be landscaped within the project area prior to proceeding with plant installation. D. Pre - Emergence Herbicide: Apply "Surflan" or approved equal to all areas to be landscaped according to the manufacturers recommended rate and specification. Contractor shall be responsible to re -apply appropriate herbicide to eradicate all remaining weeds, and maintain a weed -free condition in all areas throughout all landscape planting areas. E. All herbicide and soil fumigant applications shall be completed by experienced personnel only; in strict accordance with applicable codes and regulations, and contained with the limits of areas to be landscaped. The contractor shall be responsible to replace all existing landscape material present on site with equal sized material that may be damaged while applying herbicide; including overspray or improper application of herbicide, at his own expense. F. Acceptance: Upon completion of all site topsoil preparation, the contractor shall request acceptance from the Owners's Representative prior to initiating landscape planting as specified. 3.03 PERFORMANCE A. Subsoil: Remove all construction debris, limerock, gravel, rocks and other deleterious material over 2" in diameter, within 18" of surface in areas to receive planting and topsoil mixtures, from the project site. Fine grade subsoil to assure finish grades are achieved by adding the specified depth of topsoil and /or planting mixture. B. Soil Mixtures Prior to installing planting soil, test tree pits and planting areas for percolation. If areas do not drain; it is the contractor's responsibility to assure percolation by approved means (i.e. addition of gravel or excavate deeper to break through hardpan soil, etc). - 2. Remove rocks and other objects over one inch (1 ") in diameter. 3. Grade soil mixtures to four inches (4 ") below top of surrounding paving, wherever planting beds abut paved surfaces. 4. Do not compact planting soil mixture; but do wet/soak planting areas to assure proper settlement. Replace topsoil /planting soil mixture to specified grade after watering, where necessary. TR- CA -J -28 16 0 5. Grade topsoil to finished grade in areas to be sodded. Remove plant n terial not p 9 p indicated as existing, or to be relocated, in order to adhere to sod lines. 6. Remove limerock or soil cement, and /or any other materials deleterious to plant growth and survivability, in median islands or construction areas to a full 18 inch soil depth in planting beds or turf areas. Do not damage sub -base material for paved surfaces or curbing. Assure percolation, and then backfill with approved planting soil mix. 7. Excavate annual beds and replace soil with approved planting soil mix as indicated above. 3.04 CLEAN -UP A. Immediately clean up spills, soil and conditioners on paved and finished surface areas. B. Remove debris and excess materials from project site daily. END OF SECTION V TR- CA -J -29 SECTION VI - CONVENTIONAL POP -UP IRRIGATION SYSTEM 16 B6 PART1 GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Streetscape Master Plan C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. The work covered by this specification shall include the furnishing of all labor, materials, tools and equipment necessary to perform and complete the installation of an automatic - irrigation system as specified herein, and as shown on the drawings, and any incidental work not shown or specified which can reasonably be determined to be part of the work, and necessary to provide a complete and functional system. B. The work covered by this specification also includes all permits, federal, state and local taxes and all other costs; both foreseeable and unforeseeable at the time of construction. The Owner shall provide Collier County right -of -way permit and F.D.O.T. permits. C. No deviation from these specifications, the accompanying drawings, or agreement is �- authorized or shall be made without prior written authorization signed by the Owner or his duly appointed representative. - D. Provide "Maintenance of Traffic" plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices ", F.D.O.T. "Roadway and Traffic Design Standards" indexes and the F.D.O.T. "Florida Pedestrian Safety Plan" latest editions. 1.03 RELATED WORK A. Section I - B. Section III- C. Section IV D. Section V — E. Section VII - F. Section VIII Traffic Control Plan / F.D.O.T. Indexes Underground Electric Service Feed Grading Planting Soil Preparation -Plant Material and Installation Sodding TR- CA -J -30 1.04 QUALITY ASSURANCE 16 Bb A. Installer Qualifications: A firm specializing in irrigation work, with not less than five (5) years of experience in installing irrigation systems similar to those required for this project. B. Coordination: Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. C. Inspection of Site: The contractor shall acquaint himself with all site conditions, including underground utilities before construction is to begin. Contractor shall coordinate placement of underground materials with contractors previously working underground in the vicinity, or those scheduled to do underground work in the vicinity. Contractor is responsible for minor adjustments in the layout of the work to accommodate existing facilities. D. Protection of Existing Facilities, Signage, Vegetation and General Site Conditions: The Contractor shall take necessary precautions to protect existing vegetation in preservation areas. Contact Landscape Architect if minor adjustments are not sufficient to protect existing site conditions. All existing grades shall be maintained and restored to their previously existing condition immediately following installation and testing. E. Protection of Work and Property: The Contractor shall be liable for, and shall take the following actions as required with regard to damage to any of the Owner's property. (1) Any existing building, equipment, piping, pipe coverings, electrical systems, sewers, sidewalks, roads, grounds, landscaping or structure of any kind (including without limitation, damage from leaks in the piping system being installed, or having been installed by Contractor) damaged by the Contractor, or by his agents, employees, or subcontractors, during the course of his work; whether through negligence or otherwise, shall be replaced or repaired by Contractor at his own expense in a manner satisfactory to Owner, which repair or replacement shall be a condition precedent to Owner's obligation to make final payment under the Contract. (2) Contractor shall also be responsible for damage to any work covered by these specifications before final acceptance of the work. He shall securely cover all openings into the systems and cover all apparatus, equipment and appliances, both before and after being set in place, to prevent obstructions on the pipes, and the breakage, misuse or disfigurement of the apparatus, equipment or appliance. F. Codes and Inspections: The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits except as noted within, arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work under this contract. Upon completion of the work, he shall furnish to the "Owner' all inspection certificates customarily issued in connection with the class of work involved. G. The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Owner, or Owner's Representative. H. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. TR- CA -J -31 16 86 I. The Owner's Landscape Architect, Irrigation consultant, or designated individual, herein - referred to as the Owner's Representative, shall have full authority to approve or reject work performed by the Contractor. The Owner's Authorized Representative shall also have full authority to make field changes that are deemed necessary. J. In all cases where observation of the irrigation system work is required, and /or where portions of the work specified to be performed under the direction of the Owner's Representative, the Contractor shall notify same, at least 48 hours prior to the time such observation or direction is required. K. Any necessary re- excavation or changes to the system needed, because of failure of the Contractor to have the required observations, shall be performed at the Contractor's expense. 1.05 SUBMITTALS A. Refer to General Requirements, Operation and Maintenance Date (when applicable to this contract). B. All material shall be those specified and /or approved by the Landscape Architect. C. Product Data: After the award of the contract, and prior to beginning work, the Contractor shall submit for approval by the Owner's Irrigation Consultant and Landscape Architect, two copies of the complete list of materials, manufacturer's technical data, and installation - instructions which he proposes to install. For all proposed element substitutions, the contractor shall submit performance technical data approved by the Center of Irrigation Technology. D. Commence no work before approval of material list and descriptive material by the Irrigation Consultant and Landscape Architect. E. Record Drawings: The Owner shall furnish the Contractor with one set of reproducible vellums or mylar sepias showing all work required under this contract for the purpose of having the Contractor record on these reproducibles all changes that may be made during actual installation of the system. Location shall include dimensions from two (2) permanent points of reference (building corner, street corner, fence line, etc.). (1) Immediately upon installation of any piping, valves, wiring, tubing, etc., in locations other that shown on the original drawings, or of sizes other than indicated, the Contractor shall w. clearly indicate such changes on a set of blueline prints. Records shall be made on a daily basis. All records shall be neat and subject to the approval of the Owner. (2) The Contractor shall also indicate on the record prints the location of all wire splices, original, or due to repair, that are installed underground in a location other than the controller pedestal, remote control valve box, or power source. (3) These drawings shall also serve as work progress sheets. The Contractor shall make neat and legible notations thereon daily as the work proceeds, showing the work as TR- CA -J -32 actually installed. These drawings shall be available at all times fjrbew,akshall be kept in a location designated by the Owner's Representative. (4) Each month when Contractor submits his progress payment request to the Owner, it shall include the up to date record drawing information for all material installed to that date. (5) Progress payment request and record drawing information must be approved by the Landscape Architect before payment is made. (6) If, in the opinion of the Owner or his representative, the record drawing information is not being properly or promptly recorded, construction payment may be stopped until the proper information has been recorded and submitted. (7) Before the date of the final site observation and approval, the Contractor shall deliver one set (copies) of the record drawing plan and notes to the Landscape Architect. The Contractor shall deliver the original marked reproducibles to the Owner. The Landscape Architect and Owner shall approve record drawing information prior to final payments, including retention's. PART 2 PRODUCTS All products shall be as specified on the plans and herein these specifications. 2.01 MATERIALS A. The materials chosen for the design of the irrigation system have been specifically referred to by the manufacturer, so as to enable the Irrigation Consultant or Landscape Architect to establish the level of quality and performance required by the system design. Equipment by other manufacturers may be used only if submittal of manufacturer's technical data and installation instructions are reviewed and approved by the Landscape Architect and Owner's Representative. Approval may be granted only if substitution is equal to the specified m equipment. Performance technical data provided and approved by the Center of Irrigation Technology must be submitted for all proposed product substitutions. B. Storage and Handling: Use care in handling, loading, storing and assembling components to avoid damage. Store plastic pipe and fittings under cover and protect from sunlight before using. Discolored plastic pipe and fittings shall be rejected. C. All metallic pipe and fittings shall be handled, stored, loaded and assembled with the same care used for plastic components. Metallic components shall be stored in an enclosure to prevent rusting and general deterioration. D. Polyvinyl Chloride Pipe (PVC): (1) All PVC pipe shall be homogeneous throughout, free from visible cracks, holes, and foreign materials. The pipe shall be free from blisters, dents, ripples, extrusion die and heat marks. TR- CA -J -33 6 B6 ` (2) All PVC pipe shall be continuously and permanently marked with the manufacturer's name or trademark, kind and size (IPS) of pipe, material, and manufacturer's lot number, schedule, class or type, and the NSF seal of approval. (3) Pipe tensile strength shall be in accordance with ASTM -D 638. (4) Polyvinyl Chloride Pipe (PVC) Bell End Gasket Type — Pipe 3" and larger shall be used, or irrigation main line and any other line under constant pressure, and shall be: a. PVC 1120/1220 Class 200, SDR -26 Bell End Gasket Type in accordance with the latest revision of the following specifications: mm_ American Society for Testing Materials ASTM -D 1784 ASTM -D 2241 ASTM -D Department of Commerce, PS 22 -70 National Sanitation Foundation Testing Laboratories b. Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM -D 2241. (5) Polyvinyl Chloride Pipe (PVC) Solvent Weld Type — Pipe 2 Y2 inches and smaller shall be used for lateral piping, and any piping not under constant pressure , and shall be: a. PVC 1120/1220 Class 160, SDR -21 solvent weld joint, in accordance with the latest revision of the following specifications: American Society for Testing Materials ASTM -D 1784 ASTM -D 2241 Department of Commerce, PS 22 -70 National Sanitation Foundation Testing Laboratories b. Provide written certification from manufacturer that polyvinyl chloride pipe has successfully passed all tests per ASTM -D 2241. (6) All piping including main lines and laterals for reuse water source projects shall be color coded (Pantone purple 522C) for reuse water per County ordinances and State - statues. E. PVC Pipe Fittings: (1) Molded solvent weld socket fittings shall be PVC Schedule 40, Type 1 /II in accordance with ASTM- D2466. Sockets shall be tapered, conforming to the outside diameter of the pipe, as recommended by the pipe manufacturer. All fittings must conform to the twenty (20) minute acetone test as for pipe, and shall be a approved. (2) Molded threaded fittings shall be PVC Schedule 80 in accordance with ASTM -2464. All fittings shall withstand the twenty (20) minute acetone test, and be approved. (3) All molded fittings shall be marked with manufacturer's name and /or trademark, type PVC, schedule, size and NSF seal of approval. Extruded couplings shall be from NSF rated raw materials, and meet ASTM standards. Supplier shall provide certification on extruded couplings when requested. TR- CA -J -34 6 B6 (4) Schedule 80 threaded male /female adapters shall be used in connecting to threaded - joints. (5) All changes in depth of mainline pipe shall be made using 45 degree fittings. (6) All threaded PVC to metallic connections shall be made in accordance with the PVC fiffqg manufacturers recommendations. Any sealant used shall be of the non - hardening, non- petroleum base type, and shall not adversely affect PVC pipe or fittings. F. PVC Solvent Cement: PVC solvent cement and primer /cleaner shall be compatible with the specific size and type of PVC pipe and fittings, and of proper consistency in accordance with the pipe manufacturer recommendations. G. Rubber Rings and Gasket Joint Lubricant: Rubber rings shall conform to ASTM -D 1869 and F 477. Contractor shall only use pipe joint lubricant supplied by or recommended by the pipe manufacturer. Lubricant shall be water soluble, non - toxic, an inhibitor to bacterial growth, and shall be non - detrimental to the elastomeric seal and pipe. Mineral oil, petroleum jelly, hydrogenated vegetable fat (i.e. Crisco (RR), petroleum products, cooking oil, grease, etc.) shall not be used. H. Automatic Field Controller: The irrigation controller shall be as specified on the plans. All field controllers shall be equipped with all available electrical surge /lightning protection devices for all circuits. - Protection shall be factory supplied and installed whenever possible. Protection devices not supplied by the manufacturer shall be as recommended by manufacturer to provide a maximum degree of protection. I. Low Voltage Valve Control Wire (24 Volt): All 24 volt control wire shall be #10 AWG or as specified on plans, UL listed single conductor solid copper, type UF, 600 volt test for direct burial installation. (1) Provide one (1) red activation, (1) white common, (1) blue expansion and (1) green spare 24 volt valve control wire, between the field controller terminal strip station lug and the farthest control valve solenoid lead; to all control valves. (2) Valve common wire shall be white in color. Individual valve control wires shall be color - coded or identified by an approved tagging method. (3) All wire shall be furnished in minimum 2,500 feet rolls and spliced only at the valve and the controller. J. Control Valves TR- CA -J -35 specified on the plans, and sha The remote control valves shall be as spe p 4forB6the manufacturer's specifications. K. Gate Valves: Gate valves one inch (11") through four inch (4 ") shall be specified on the plans and shall perform to the manufacture's specifications. L. Quick Coupling Valve: All quick coupling valves shall be solid bronze as specified on the plans, and shall perform to the manufacturer's specifications within jumbo valve boxes. M. Control Valve Boxes: All control valve, gate valve, and quick coupling valve boxes shall be jumbo twenty -four inch (24 ") Ametek Boxes, or approved equal, with identification covers reading, i.e." Control Valve" or Irrigation Controls ". Where possible, gate valves shall be installed with control valves. Jumbo size boxes with cover shall be used for all two valve in one box installations. Gravel and non -woven soil fabric shall be installed at the bottom of the boxes as shown in the details. (1) Locking lids shall be mauve in color; boxes and extensions shall be black or green, and constructed of high strength, light weight thermoplastic. N. Tubing to Connections: All interconnecting tubing sections shall be connected with connections recommended by the tubing manufacturer. (1) Any threaded connection using Teflon tapes as an anti -seize device shall avoid excessive - use of Teflon tape. Apply Teflon tape only in accordance with fittings and /or component manufacturers recommendations. O. Back Flow Prevention Device: The back flow prevention device shall be as specified on the plans, and shall be installed and perform to the manufacturers specifications. If back flow prevention device is required by local or state laws or ordinances it shall be supplied by Collier County. P. Conventional Irrigation System General Layout and Installation: System zones shall have all components as shown on the plans and as recommended by the manufacturer. (1) The Irrigation Contractor shall coordinate with the Landscape Contractor for the layout of the landscape designated areas. The Irrigation Contractor shall make all adjustments necessary to assure that water is provided in a consistent and uniform fashion to the plant material. Any significant layout changes shall be brought to the attention of the Project Manager and Landscape Architect for approval. The Irrigation Contractor shall have the layout approval of the Project Manager and Landscape Architect prior to TR- CA -J -36 6 B6 1w covering the layout changes. Upon the complete installation of the system or sections and being fully operational the system shall be run for two continuous days to hydrate the soil. (2) Thoroughly flush all pipelines for a period of no less than five minutes prior to installing nozzles. (3) Review of each zone for layout and coverage approval is required by the Owner's representative. (4) The soils at the planting areas shall be thoroughly hydrated two days prior to the installation of plant material. The Landscape Contractor shall coordinate with the Irrigation Contractor for the location of large plant materials. Any damaged lines shall be repaired or replaced by the party responsible for the damage. In the event of repairs or replacements, the section shall be thoroughly flushed. All expenses incurred as a result of the damaged shall be bared by the responsible party. P. Sprinkler Heads and Nozzles: The sprinkler heads and nozzles shall be as specified on the plans, and shall perform to the manufacturer's specifications. PART 3 EXECUTION 3.01 SYSTEM DESIGN A. Design Pressures: M Main line pressure at the source location shall be as required to operate the irrigation system at the design pressures as specified on the plans. Pressure shall meet manufacturer's specifications. B. Location of Irrigation Components: Irrigation plants are diagrammatic and approximate. All piping wires, field controllers, etc., shall be installed within the project boundaries. Final location of piping and wiring shall be done following Contractor ascertaining location of existing underground utilities. C. Sprinkler Head Spacing: Head spacing shall be as shown on the plans. Do not exceed spacing shown or noted on the plans. Spacing may be adjusted to accommodate changes in terrain, proposed planting locations, and existing site conditions, only if approved prior to installation by the Irrigation Consultant and /or Landscape Architect. D. Minimum Water Coverage: Minimum water coverage shall be for all proposed plants and turf areas. Layout may be modified if necessary, and approved by the Irrigation Consultant and /or Landscape Architect, to obtain coverage. TR- CA -J -37 E. Codes and Inspections: 16 86 The entire installation shall comply fully with all local and state laws and ordinances, and with all established codes applicable thereto. The Contractor shall take out all required permits (excluding permits listed within and provided by the Owner), arrange for all necessary inspections, and shall pay all fees and expenses in connection with same, as part of the work. Upon completion of the work, he shall furnish to the "Owner" all inspection certificates customarily issued in connection with the class of work involved. 3.02 EXCAVATION AND TRENCHING A. Perform all excavations as required for the installation of the work as defined and described on the installation plans, in accordance with the contract documents, and under this section of specifications. B. All construction shall be done in a neat and workmanlike manner in strict accordance with manufacturer's recommendations. No sand or foreign material shall be allowed to enter the pipe. Ends shall be suitably plugged when pipe laying is not in progress. C. Main and Lateral Line Trenching: Mainlines shall be installed in accordance with the installation details, and by cutting and removing sod if necessary; trenching, laying pipe, backfilling, compacting soil, restoring grades, and replacing sod, if required. (1) Mainline trenches shall be of the necessary width for the proper laying of pipe, fittings, wire and conduits, and the banks shall be as vertical as possible. Trenches shall be great enough to allow six inches between parallel pipelines. Trench with shall not be greater than is necessary to permit satisfactory jointing and other installation procedures. (2) Mainline trench depths shall be as noted in the specifications and on the installation plans and details. Use 45- degree fittings for all changes in depth of mainline pipe. (3) Trench bottoms shall be sufficiently graded to provide uniform bearing and support for — each section of pipe at every point along its entire length. Trench bottom shall be free of rocks, gravel and other extraneous debris. D. Safety: Maintain all warning signs, shoring, barricades flares and red lanterns as required by the Safety Orders of the Industrial Safety, and any applicable Federal, State and local ordinances. E. Trench Depth: Trenches shall be made wide enough to allow a minimum of six inches between parallel pipe lines. Trenches for pipelines shall be made of sufficient depths to provide the minimum cover from finish grade as follows: Minimum cover over main line sleeves under paved surfaces to be 36" or per FDOT requirements. 36" minimum cover over main lines under paved surfaces. TR- CA -J -38 24" minimum cover over main lines within medians, if installed along bLc6f c 48" minimum cover over main lines within medians, if installed down center of me ian. 12" minimum cover over lateral lines to heads. (1) Metalized identification tape shall be buried approximately six (6) inches above irrigation main line. Tape width shall be three inch (3") minimum. Tape colors and imprints shall be as follows: Imprint Color "Reclaimed Water" Pantone Purple 522C Caution — Non - Potable Irrigation Water Line Buried F. All irrigation pipe, three inches and larger, shall be thrust blocked as shown on the details on accompanying plans. 3.03 BACKFILL AND COMPACTING A. After testing of system has occurred, and observations have been made, backfill excavations and trenches with clean soil, free of stones, sticks, construction debris and rubbish. B. Contractor shall not backfill over fittings, valves or couplings until pressure tests have been successfully completed. C. Backfill for all trenches, regardless of the type of pipe covered, shall be compacted to minimum 90% density. Compact trenches in areas to be planted by thoroughly flooding the backfill. Jetting process shall be used when necessary in those areas. D. Dress off all areas to finish grades, and restore to condition previous to irrigation installation. E. Clean -Up: Remove from the site all debris resulting from work of this section. Cleanup shall be conducted continuously throughout the installation process to keep extraneous materials off °- the work site. 3.04 INSTALLATION A. Remote control Valves: Install remote control valves where shown and group together where practical; place no closer than 12 inches to walk edges, buildings, and walls. B. Valve Boxes: Install all valve boxes to avoid direct contact with PVC irrigation piping. During valve box - installation, place gravel and filter fabric as specified in the plan details. All valve boxes to be jumbo size. Install in planting beds where possible. C. PVC Pipe and Fittings: TR- CA -J -39 r Plastic pipe and fittings shall be solvent welded using solvents and methods as - recommended by manufacturer of the pipe; and as indicated elsewhere in these specifications, except where screwed connections are required. Pipe and fittings shall be thoroughly cleaned or dirt, dust and moisture before applying solvent with a non - synthetic m, bristle brush. All screwed connections shall b thoroughly cleaned and wrapped with Teflon tape, as specified in these specifications. (1) The pipe manufacturer's installation manual shall be followed for the installation practices. (2) Use only a color- tinted cleaner /primer to prepare the outside diameter of the pipe and the inside diameter of the fitting socket. Cleaner /primer and solvent cement shall be compatible with the specific sizes and types of PVC pipe and fittings being used. (3) Use only those applicator devices approved or recommended by the pipe and fitting manufacturer to apply the cleaner /primer and the solvent cement. Applications shall also be approved by the manufacturer of the cleaner /primer and solvent cement. (4) Make all joints immediately after applying the solvent cement. Check all fittings for correct position. Hold joint steady so that pipe does not push out from fitting. Use a clean rag to remove any excess solvent from completed joint area. (4) All joints shall remain completely undisturbed for at least 15 minutes prior to any movement. D. Above Ground Piping: All pipe and fittings permanently installed above ground shall be UV resistant PVC Schedule 80 pipe. Piping shall be painted a color as approved by the Owner. (1) All pipefittings intended for temporary use, and installed above ground, shall be UV resistant PVC Schedule 80. E. Pipe Sizes: All lateral and mainline pipe sizes are as indicated on the Irrigation Plans. Contractor shall minimally size pipe so to maintain a minimum 45 - 50 PSI operating pressure. F. Manual Gate Valves: Make all connections between PVC pipe and metal valves or steel pipe with threaded fittings using PVC male adapters. All threads shall be thoroughly cleaned of dirt, dust, and moisture before wrapping with Teflon tape. G. Automatic Field Controllers: The on -site location of the automatic controllers shall be approved by the Irrigation Consultant and /or the Landscape Architect following stake -out in the field by the Contractor. _- Contractor shall be responsible for monitoring the integrity of the flag markings. TR- CA -J -40 iI (1) Controllers shall be installed in accordance with the plan details anI knuf9her's instruction. (2) Contractor shall provide controller grounding in accordance with the manufacturer's requirements and /or recommendations. If specified ground resistance cannot be obtained, consult manufacturer for prescribed methods. (3) Connect remote control valve to controller in the sequence shown on the plans. If plan is not labeled, then connect remote control valves to controller in a clockwise sequence to correspond with station setting, beginning with Stations 1, 2, 3, etc. 3.05 CLOSING OF PIPE AND FLUSHING LINES A. Cap Openings: Cap or plug all openings as soon as lines have been installed to prevent the entrance of materials that would obstruct the pipe. Leave in place until removal is necessary for completion of installation. (1) Thoroughly flush out all irrigation lines before installing valves, heads and other hydrants. (2) Test in accordance with paragraph on Hydrostatic Tests. B. Testing: Request the presence of the Irrigation Consultant and /or Landscape Architect in writing, or by phone, at least 48 hours in advance of testing. All testing is to be accomplished at the expense of the Contractor, and in the presence of the Irrigation Consultant and the - Landscape Architect. C. Hydrostatic Test: Center load piping with small amount of backfill to prevent arching or slipping under pressure. A continuous and static water pressure of 120 PSI or as directed by Owner's — representative shall be applied for a period of not less than two (2) hours. Repair all leaks resulting from pressure test. Expel air from system after testing, and flush all lines. (1) Tests shall be made between valves and, as far as is practicable, in sections of approximately one thousand (1000) feet, as long as approved by the Irrigation Consultant and/or the Landscape Architect. Potable water from an existing water distribution system shall be used, if available. The test pressure shall be 120 PSI, or as directed by Owners Representative and the pressure shall be maintained for a period of not less than two (2) hours. Pressure shall not vary more than two pounds from the above during the two hour testing period. Allowable leakage shall be computed on the basis of table 3, Section 13.7 AWWA Standard C600 -64, on the applicable formula for other than 18 foot lengths. (2) All leaks evident at the surface shall be uncovered and repaired, regardless of the total leakage, as indicated by the test. All pipes, valves, fittings and other material found TR- CA -J-41 16 B6 defective under the test shall be removed and replaced at the Contractor's expense. Tests shall be repeated until leakage has been corrected. D. Operational Testing: Perform operations testing after hydrostatic testing is completed, backfill is in place, and sprinkler heads adjusted to final position. �m E. Demonstration: Demonstrate to the Irrigation Consultant and /or the Landscape Architect that the system meets coverage requirements, and that automatic controls function properly. Coverage requirements are based on operation of one circuit at a time. F. Upon completion of the testing, the Contractor shall complete assembly, balance and adjust components for proper distribution, as indicated elsewhere in these specifications. 3.06 ELECTRICAL A. Irrigation Contractor shall be responsible for the placement of the 110 -volt AC service necessary for the operation of electric controller as specified on the plans, and in accordance with the manufacturer's specifications. B. Electric control lines (24 Volt) from controller to automatic valves shall be direct burial wire of a different color than the 110 Volt service to controllers. The 24 Volt common ground shall be of one continual color, and of a different color than the other 24 Volt lines and the 110 Volt service. All 110 Volt AC wiring shall be installed in accordance with Federal, State, and local electric requirements. C. All 24 Volt wire shall be placed in 1.25" dia. sch. 40 pvc piping along the main line from valve �- or splice box to valve or splice box and from the main line to the controller location if the controller is not located next to the main line. A valve box shall be installed at all locations where the wiring leaves to main line. D. Provide an expansion curl within three (3) feet of each wire connection, and at each change of direction. Each expansion curl shall be formed by wrapping at least six (6) turns of wire - around a 2 -inch diameter pipe, then removing the pipe. E. All 24 Volt wire shall be installed in accordance with the latest provisions of the National Electrical Code, and all prevailing local codes. F. All above ground low voltage wiring shall be installed in UL listed plastic conduit and -` connectors, in accordance with prevailing local codes. G. Install all 24 Volt valve control wires and common wire under the irrigation main to one side of mainline trench. Installation depth shall conform to the depth of the mainline as indicated elsewhere in these specifications. TR- CA -J-42 H. Install all 24 Volt wires in mainline trench, except for distance between controller and the mainline pipe location. I. All field repair splices shall be made using Scotch -Lok No. 3500 or DBY connector sealing packs, or approved equivalent. Each individual wire splice requires one connector sealing pack. J. All in- the -field low voltage wire splices shall be made in a valve box as described within these specifications, or in the pedestal of the field controller. K. When more than one wire is placed in the same open trench, wires shall be bundled and taped together using black electrical tape., L. Provide an expansion coil of eight to ten feet of wire or cable at each change in direction along the wire routing where wire is directly buried in a trench. Provide an expansion coil of four to six feet of wire every 1000 feet of straight wire run. Coil diameter to be 24 to 30 inches. Do not tape restrain the wire coil. Lay the wire coil flat in the trench. M. Provide an expansion coil of eight to ten feet of wire or cable at each side of a road crossing. Coil diameters to be 24 to 30 inches. Do not tape restrain the wire coil. Lay the wire coil flat in the trench. N. All wire passing under existing or future paving, or construction, shall be encased in plastic conduit extending at least 24 inches beyond edges of paving or construction, as indicated on the irrigation plans, or elsewhere in these specifications. O. The 24 VAC low voltage wiring system between field controller (FC) and remote control valves shall be properly grounded per manufacturer's instructions. 3.07 PROVISIONAL ACCEPTANCE A. The Contractor shall complete all construction, and shall repair or replace all defective work before provisional observation by the Landscape Architect. On completion, and upon request of the Contractor, the Landscape Architect shall inspect all irrigation for provisional acceptance. The request shall be received from the Contractor at least two days before the anticipated provisional observation. 3.08 FINAL ACCEPTANCE A. Final acceptance shall be done in accordance with General Requirements. Contract close- out (when applicable to this contract). B. "Record" Irrigation Drawings: Record drawings shall be delivered to the Owner, Irrigation Consultant and/or the Landscape Architect before final acceptance of work. 3.09 WARRANTY TR- CA -J -43 A. Warran : 16 B6 The Contractor shall furnish a written warranty, stating that all work included under this contract shall be warranted against all defects and malfunction of workmanship and materials for a period of one (1) year from date of completion and final acceptance of this project, unless County provides warranty to be executed. (1)The Contractor further agrees that he will, at his own expense, repair and /or replace all such defective work and materials, and all other work damaged thereby, and which becomes defective during the term of the guarantee /warranty, in an expedient manner. - (2) The Owner retains the right to make emergency repairs without relieving the Contractor's guarantee obligation. In the event the Contractor does not respond to the Owner's request for repair work under their guarantee /warranty within a period of forty -eight (48) hours, the Owner may make such repairs, as he deems necessary, at the full expense of the Contractor. (3) Any settling of backfilled trenches, which may occur during the guaranty /warranty period, shall be repaired by the Contractor at no additional expense to the Owner, including the ,_. complete restoration of all damaged planting, sod, paving or other improvement of any kind. B. Instruction: After completion and testing of the system, the Contractor will instruct the Owner's personnel in the proper operation and maintenance of the system, END OF SECTION VI TR- CA -J-44 SECTION VII — PLANT MATERIAL AND INSTALLATION 16 B6 PART 1 —GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.O. W. Ordinance C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED - A. Provide all labor, materials, necessary equipment and services to complete the Grading work, as indicated on the drawings, as specified herein or both, except as for items specifically indicated as "N.I.C." not in contract items ". B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project and submit to the roadway agencies having jurisdiction for approval prior to beginning work using the latest M.U.T.C.D. "Manual on Uniform Traffic Control Devices ", F.D.O.T. "Roadway and Traffic Design Standards" and the F.D.O.T. "Florida Pedestrian Safety Plan" latest active editions. 1.03 RELATED WORK E. Section I Traffic Control Plan / F.D.O.T. Indexes A. Section IV Grading B. Section V Planting Soil Preparation D. Section VI Irrigation C. Section VIII Sodding 1.04 SITE INSPECTION A. The Contractor shall visit the site and acquaint himself with all existing conditions and constraints. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this Section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Owner or Owner's Representative. 1.05 QUALITY ASSURANCE A. Inspection 1. Furnish nursery grown plant materials inspected by State Department of Agriculture at the growing site and tagged or otherwise approved for delivery by Landscape Architect. TR- CA -J-45 116 2. Inspection at growing site does not preclude right of rejection at prodi 16 ject site.' B. Furnish plant materials certified by State Department of Agriculture to be free from harmful insects or apparent disease. Submit verification that all plant material is free of harmful insects and disease. C. All plant material shall meet or exceed the minimum grade of Florida No. 1 in accordance with "Grades and Standards for Nursery Plants" Parts I & II, latest volumes published by the State of Florida Department of Agriculture and Consumer Services. D. Plant Material shall be shade or sun grown, and /or acclimatized depending on planting location in the plans. E. All landscape construction work shall be installed by qualified personnel or a qualified landscape construction subcontracting company that has experience in landscape construction of similar size and scope, as is indicated for this project. The Contractor shall submit for the Owner's review and approval resumes of all superintendents and foremen designated to perform the work, and a list of five (5) projects with references with which he or she was involved. Those projects must be of similar size and scope of work as this project. If the Contractor elects to use a subcontractor for this portion of the work, the subcontractor shall have been in operation for a minimum of five (5) years, licensed to work in the State of Florida, and supply to the Owner all the above stated criteria. The Owner reserves the right to accept or reject the proposed subcontractor or its designated personnel, in whole or in part, based on the information provided above, and in accordance with the terms and conditions of the Contract Documents. 1.06 SUBMITTALS A. Certificate of inspection of plant material by State Authorities. B. Test Reports: Analysis of samples from planting soil supply areas (i.e., signed original copy by testing laboratory only). If Contractor elects to divide the project area into incremental substantial completion areas, soil samples and test reports shall be required for each increment 14 days prior to beginning each increment. C. Maintenance Instruction: Prior to the end of the maintenance period, furnish three copies of written maintenance instructions to the Owner's Representative and Landscape Architect for maintenance and care of installed plants throughout their full growing season. D. Grower's Certification: Requirements for root pruning and holding B &B stock at the nursery. E. Plant Samples: Three plants of each shrub, groundcover, or vine 7 gallon or less, as specified for approval by the Landscape Architect, and to be used as representative size, specification, and plant type for all plant materials to be installed. Any plant material that does not conform to the plans, specifications, or approved plant samples, shall be rejected. F. Plant Photographs: Contractor shall provide representative photographs of all plant material specified over 7 gallon in size, with a measuring rod included in photograph. At contractor's option, contractor may elect to coordinate with Owner's Representative and Landscape Architect one tagging trip to cover all larger plant materials at contractor's cost. TR- CA -J-46 16-B comprehensive project schedule in3icatin G. Project Schedule: Provide five (5) copies of a comp p � g - contractors proposed work and installation schedule. Schedule shall include breakdown for site preparation and grading, irrigation, trees /palms, shrubs, groundcovers, sod /seed, and final clean up. Contractor shall also include project "milestones" for designated project areas within the total project area as required, including substantial completion dates. H. All certificates, reports, and samples shall be submitted by the Contractor to the Landscape Architect a minimum of one week prior to the installation of any of the materials. Contractor shall not begin work until all submittals have been verified by the Landscape Architect. Submittals required, but not limited to the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Existing soil analysis and sample. Prepared soil analysis and sample. Mulch sample (Eucalyptus mulch, Grade ALshredded required). Erosion control fabric sample as required. Pre -and post- emergent herbicide. Weed eradication treatment for lawn grass. Foliage spray fertilizer(s). Sod certification (s). Plant samples and/or photographs. Drainage gravel sample. List of personnel, qualifications, and schedule. Guying methodologies. Leaf antidessicent spray. Maintenance manual. Soil Separator sample and product sheet. Sand fraction analysis. Fertilizer(s). Plant supplier certifications. 1.07 DELIVERY, STORAGE AND HANDLING A. Inventory: Verify that plant species, quantity, and quality of plants in Owner's nursery and /or - holding area matches that on plant list and drawings. B. Preparation for delivery: 1. Prune head and/or roots of all trees only under direction of Landscape Architect, and as required to assure safe loading, shipment and handling without damaging the natural form and health of the plant. 2. Balled and Burlaped (B &B) plants a. Dig and prepare for shipment in manner that will not damage roots, branches, shape, and future development after replanting. b. Ball with firm, natural balls of soil, per "Florida Grades and Standards for Nursery Plants ". c. Wrap ball firmly with burlap or strong cloth and tie: ANSI Z60.1. C. Delivery TR- CA -J-47 v_ 16 06 1. Deliver soil conditioners (pesticides, herbicides, fumigants, and fertilizers) to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. Store in designated areas only. 2. Deliver planting soil mixes and mulch in bulk with manufacturer's guaranteed mix, name, and conformance to State law. Store in designated areas only. 3. Deliver plants with legible identification labels. a. Label trees, evergreens, containers of like shrubs, or groundcover plants. b. State correct plant name and size indicated on Plant List. c. Use durable waterproof labels with water - resistant ink, which will remain legible for at least 60 days. 4. Protect all plant materials during transport/delivery with shade cloth or other acceptable means to prevent wind burn. 5. Protect all plant material during delivery to prevent damage or desiccation to root ball or _ desiccation of crown and leaves. 6. Mist periodically each day all tree /palms root balls and crowns /tops during delivery, handling, and storing on site to ensure against drying. 7. Notify Landscape Architect and Owner of delivery schedule in advance so plant material may be inspected upon arrival at job site. 8. Remove unacceptable plant material immediately from job site. E. Storage 1. Balled and burlaped plant stock: Deliver from nursery and shall be dug with a firm, natural ball of soil of sufficient size to encompass the fibrous and feeding roots of the plant. No plants moved with a ball shall be planted if the ball is cracked or broken. 2. Bare root plant material: Deliver direct from supplier. 3. Protect roots of all plant material from drying or other possible injury with shade - cloths, tarps, or other means. Keep plant root ball and crown moist at all times. 4. Store plants in shade and protect from weather. Heel in trees in a vertical position as required. Irrigate all stored plants as required. 5. Maintain and protect plant material not to be planted within four hours. Plant palms upon delivery. D. Handling 1. Do not drop plants. TR- CA -J-48 2. Do not pick up container or balled plants by stems or trunks. 16 B6 3. Do not use chains or cables on any trees or palms. Handle using nylon straps, 2" width minimum. 1.08 JOB CONDITIONS A. Planting Season: Perform actual planting only when weather and soil conditions are suitable, in accordance with locally accepted practice. B. Locate all underground utilities and other non - readily visible structures prior to digging. Landscape Contractor shall repair all damage to underground utilities, and /or construction caused by utility damage, at no cost to the Owner. C. Verify that all existing trees to remain are properly identified and barricaded to prevent damage under this and future construction. Landscape Contractor shall be responsible for maintaining adequate identification and barricading of all existing plant material to remain throughout the installation and required maintenance period. 1.09 GUARANTEE A. Guarantee all shrub and groundcover, trees, and palms plant material for a period of 12 months after date of Final Completion. replacement plants under this guarantee shall be replaced within (2) two weeks of rejection, and guaranteed for (12) twelve months from date of installation. B. Repair damage to other plants, lawn or construction work during plant replacement at no cost to the Owner (this includes, but is not limited to, damage to curbs, walks, roads, fences, site furnishings, etc.). 1.10 SCHEDULING A. Coordinate work and installation as required with other contractors within the project area that may be in progress as required. B. Install trees, shrubs, and ground cover before lawns are installed. C. Notify Landscape Architect of anticipated installation date at least (2) two weeks in advance. PART 2 — PRODUCTS 2.01 PLANT MATERIAL A. Well- formed and shaped, true to type, and free from disease, insects, and defects such as knots, sun - scald, windburn, injuries, abrasion or disfigurement. B. True to botanical and common name and variety: American Joint Committee on Horticultural Nomenclature, Standardized Plant Names, latest edition. TR- CA -J-49 C. Minimum grade of Florida No.1 in accordance with "Grades a iii 6and86for'fNursery Plants" latest Volumes, published by the State of Florida Department of Agriculture. All plants not listed in "Grades and Standards for Nursery Plants ", published by the Division of Plant Industry, shall conform to a minimum grade of Florida No.1 as to: 1. Health and vitality 2. Condition of foliage 3. Root system 4. Freedom from pests or mechanical damage 5. Heavily branched and densely foliated according to the accepted normal shape 6. Freedom of low and /or tight "V" shaped crotches. D. Nursery Grown: ANSI Z60.1 -1969 1. Grown under climatic conditions similar to those in locality of project. 2. Container grown stock: a. Growing in container for minimum 30 days before delivery, with sufficient root system for container size. b. Not root -bound or with root systems hardened off. 3. Use only ground cover plants well - established in removable containers, integral containers, or formed homogenous soil sections. 4. Trees shall be nursery/tree farm grown. Collected and Grow Bag trees will not be accepted unless previously done in writing from the project Landscape Architect. E. Minimum root ball sizes for all palms shall be as delineated within "Grades and Standards for _- Nursery Plants, Part Il, Palms and Trees ", latest volumes, published by the State of Florida Department of Agriculture. F. Materials should be installed at their specified size and heights. 2.02 PLANTING SOIL A. Planting soil mixture for backfill around trees, palms, shrubs, and groundcover shall be as specified in Section V — Planting Soil Preparation. 2.03 SOIL CONDITIONERS A. Soil conditioners shall be as specified in Section V — Planting Soil Preparation. 1. Apply foliage sprays with a wetting agent. B. It shall be the responsibility of the contractor to supply and transport water to all landscape areas during construction until the irrigation system is installed. 2.04 MULCH TR- CA -J -50 '16 06 A. Eucalyptus mulch, Grade A, shredded, loose, substantially free of mineral waste materials, and sterilized. B. Processed specifically for use as mulch around plant beds. 2.05 GUYING AND STAKING MATERIAL A. Stakes for Palm tree support: 1. Construction grade lumber, pressure treated pine. 2. Vertical Stakes: Nominal 2" x 4" x 8' long pressure treated pine and pointed at one end. 3. Braces for Palm Trees: Nominal 2" x 4" x 81ong pressure treated pine. 4. See detail sheets for staking requirements for palms. B. Guyinci Wires: Annealed, galvanized iron or galvanized steel 10 gauge wire. Wire shall be flagged with white surveyor tape minimum 2 per guy wire, (one flag near ground level, and one flag near the middle of the length of wire, above turnbuckle, if used), or approved equal. C. Hose 1. Type: New Y2" diameter 2 -ply reinforced black rubber or plastic hose. 2. Minimum length: 6 inches. D. Turnbuckles 1. Turnbuckles are required. Landscape Contractor shall be responsible for keeping taut all guyed plant material, and for keeping flagging in place. One turnbuckle per guy wire is required. 2. Guying to be tightened as needed, but always within one day of when found necessary. 2.06 SLOPE STABILIZATION A. Landscape contractor shall be responsible to stabilize grades by approved methods where necessary. B. Contractor shall stabilize all sloped areas grater than 2.5 to 1 and areas found to be required to reduce surface erosion by the Owner's Representative with erosion control fabric. Contractor shall install erosion control fabric according to the manufacturer's instructions. 2.07 SOIL SEPERATOR A. Soil separator material or drainage cloth shall be used where specified within the plans or details. TR- CA -J -51 B ructur o osLd entire) of B. The soil separator in landscape shall consist of a sheet of st p y preferentially oriented isotactic polypropylene continuous filaments thermally bounded mostly at the crossover points and weighing 4.0 + 0.3 oz. /yd. 1. "Typar" style 3341, by Dupont or approved equal. Available through Reemay, Inc. (Phone 1- 800 - 321 - 6271), and sold through Exxon, Inc. (Phone 1- 800 - 543 - 9966). 2. Technical Date Weight 4.0 oz. /yd. ASTM D1910 -64 (1975) Thickness 15 mils ASTM D1777 -64 (1975) Grab Tensile 135 lbs. ASTM D1682 -64 (1975) Elongation to Bcab 62% ASTM D1682 -64 (1976) Trapezoidal Tear 74 lbs. ASTM D2263 -68 Puncture Strength 50 lbs. ASTM D751 -73 Mullen Burst 200 psi ASTM D774 -46 Abrasion resistance 42 lbs. ASTM D1175 -71 f - Specific Gravity .95 Equivalent Opening 70 to 100 U.S. Corps of Eng. ASTM size (EOS) std. Sieve D422 -63 (1972) Flux 230 gal. /ft/min. EURM -100 Coefficient of H O 2x10 cm /sec. EURM -100 3. Soil separator installation a. Roll, size and overlap as required as indicated, and complete installation as per manufacturers standard printed specifications, inspections and recommendations. - b. Contractor shall be responsible for securing top edges of soil separator by an approved method. 2.08 DRAINAGE GRAVEL A. Gravel shall be River gravel and shall be of graduated sizes. B. River gravel shall be no smaller than three quarter inch (3/4 "), nor larger than one and one half (1 '/2 ") in any direction. C. Gravel shall be installed as shown on drawings, or to a minimum of 4" depth. D. Gravel shall be washed clean and contain no chemical elements harmful to plant growth. E. Drainage gravel shall be provided and installed in the bottom of tree /palm planting pits where percolation may not be adequate (see Part 3.03 "Preparation" within this section). PART 3 — EXECUTION 3.01 INSPECTION TR- CA -J -52 1 Tie innin of the A. Verify that final grades and drainage have been established prior the g fy 9 9 planting operation. B. Inspect trees, shrubs, and ground cover plants for injury, insect infestation, and trees and shrubs for improper pruning. C. Do not begin planting of trees until deficiencies are corrected, or plants replaced. 3.02 LOCATION /STAKING A. Stake out locations for plants and outline of planting beds on ground. B. Do not begin excavation until stake out of plant locations and plant beds are acceptable to the Landscape Architect. C. The location of all plant materials shall be field staked prior to installation for Landscape Architect's approval. 3.03 PREPARATION A. Plant Pits 1. Shape a. Vertical sides and flat bottom. Tree /palm pits shall have mounded bottoms to improve drainage as detailed. - b. Plant pits to be square or circular. 2. Size a. Trees and Palms (1) Depth: Minimum 2 ft. from finish grade and increased as necessary to accommodate planting ball or drainage. (2) Width or diameter: 2 ft. greater than diameter of planting ball (unless otherwise approved by Landscape Architect for special planting areas). b. For Shrubs and Groundcovers (1) Depth: (a) 2 and 3- gallon plant material shall receive a minimum of 2" of planting soil mixture beneath the root ball. (b) Plant materials sized 1 gallon or less, and /or materials planted 24" O.C. or less shall receive a full 8" of amended planting soil mix tilled to a minimum depth of 12 ". Note: All annual beds shall receive a full 8" of amended planting soil mix. Excess excavated soil may be evenly spread on site at the direction of the Owner's Representative. (c) For plants not requiring soil mix, the entire bed shall be tilled by mechanical means to a depth of 12 ". (2) Width or Diameter (a) All 2 or 3- gallon material shall be placed within a minimum 18 "dia. planting hole, and backfilled with the specified planting soil mix. (b) All plant material sized 1 gallon or less, or material planted 24" TR- CA -J -53 O.C. or less shall receive complete bed amendin Iqk ,. at CPC) excavation of existing soil to a minimum of 8 inches (Note: 8" for all annual beds) below finished soil elevation, backfilling with specified planting soil mix, and then tilling with all required amendments to a depth of not less than 12 inches. All areas to be amended in such a manner shall be highlighted on contractor's record drawings. Excess excavated soil may be evenly spread on site at the direction of the Owner's Representative (3) Bring all beds and pits to smooth, even surface conforming to established grades after full settlement has occurred. NOTE: Amending of, and quantities of planting soil mixes as outlined above contingent with existing soil conditions. B. Disposal of Excess Soil: 1. Use acceptable excess excavated topsoil to form watering berms around the plants. 2. Dispose of additional excess soil at direction of Owner's Representative. 3. Dispose of unacceptable or unused excess soil in designated staging area as directed by the Owner's Representative. 4. All spoilage shall be deposited, spread and fine graded to a maximum 2" layer as directed by the Owner's Representative. C. Planting Beds: 1. For planting beds backfill with 8" of specified and amended planting soil mixture to meet required finished grade. 2. Bring all beds to smooth, even surface conforming to established grades after full settlement has occurred. D. Test fill all tree pits with water before planting to assure that proper drainage and percolation is available. Pits which are not adequately draining shall be excavated to a °- depth sufficient for additional drainage and backfilling with gravel., No allowances will be made for lost plants due to improper drainage. Landscape Contractor shall replace with same species size and specification at no cost to Owner. 3.04 PLANTING A. General 1. Center plant in pit. 2. Face for best effect, or as directed by Landscape Architect. 3. Set plant plumb and hold rigidly in position until soil has been tamped firmly around planting ball. 4. Use only planting soil backfill as specified in Section V. 5. Place sufficient planting soil under plant to bring top of planting ball to finish grade (top of tree /palm root balls shall not be set below finished grade). 6. Backfill pit or trench with planting soil in 9 -inch layers. Water each layer thoroughly to settle soil and work soil completely around roots and planting ball. 7. After soil settles, fill pit with planting soil and water. Leave pit surface even with finish grade. TR- CA -J -54 16 B6 8. Plant all shrubs and ground covers per specifications and details and maintain a 36" offset from back of curb, walks, and /or paving. 9. Topsoil berm: a. Construct a topsoil berm 6 inches above finish grade, forming a watering saucer with a level bottom around each palm or tree. b. Size: 2 feet greater diameter than the diameter of root ball. Maintain 4 foot diameter mulch circle or to the outside of the water saucer around all trees in sod areas. C. Leave saucer for 3 months, or as directed by Owner's Representative. At the end of 90 -day warranty maintenance period, re -grade area and re -mulch planting circle (or planting bed) for all plantings. Remove excess from basin and clean area. Replace any damaged plant material or sod at no cost to Owner. B. Balled plants (B &B) 1. Place in pit on planting soil backfill material /drainage gravel that has been hand - tamped prior to placing plant. 2. Place with burlap intact, so location of ground line at top of ball is same as at nursery where grown. 3. Remove binding at top '/ of planting ball and lay top of burlap back 6 inches. For wire balled trees, remove wire from the top 1/3 of the ball (12" minimum) after the tree has been stabilized by partially backfilling the planting pit. 4. Do not pull wrapping from under the planting ball. 5. Do not plant if planting ball is cracked, broken, or showing evidence of voids before or during planting process. Replace with plant of same species, size, and specification at no cost to Owner. C. Container -crown plants 1. Container removal a. Do not injure planting ball. b. Do not cut cans with spade or ax. C. Do not cut sides on knockout cans. d. Carefully remove plants without injury or damage to planting ball. e After removing plant, superficially cut edge roots with knife on three sides. Note: Root -bound plants shall not be accepted. 2. Dig and prepare planting beds according to drawings and as specified herein. 3. Hand place plants which are in containers less than one gallon in size. 4. Hand backfill and hand tamp, leaving slight depression around bases of plants. 5. Do not cover top of root ball set plants Y2 inch above adjacent finished grade. 6. Thoroughly each plant for settlement and replace required planting soil. 3.05 FERTILIZER APPLICATIONS A. Apply granular fertilizer at time of planting and repeat three months from first application. Schedule time of fertilization with Owner or Landscape Architect to verify compliance of fertilization of plant materials. TR- CA -J -55 16 B6 B. Apply granular fertilizer at following rates to planting bed and saucer areas around - each tree, palm and shrub. 1. Trees: a. Caliper 4 inch and larger: 1 pounds per inch of caliper (i.e. 4" caliper equals 4 lbs. of fertilizer). b. Caliper 4 inch and less: 1 pounds per inch of caliper (i.e. 2" caliper equals 2 lbs. of fertilizer. 2. Shrubs: 7 gallon or greater 1 lb. per 3' ht. of plant 5 gallon to 3- gallon'/ lb per plant 1 gallon or less % lb. per plant 3. Ground Cover Plants: 1 gallon or less 1/4 lb. per plant 4. Palms: 1 pound .per inch of caliper. C. Broadcast under foliage canopy and incorporate into soil. D. Water immediately until root structure of plant is wet. Assure protection from fertilizer burn. E. Apply foliage nutrient spray to all Palm species at time of planting and repeat three (3) months from first application. Do not apply foliage sprays in summer months (i.e. - June through August). Schedule fertilization with Landscape Architect. Drench palm leaves with foliage nutrient spray at the manufacturer's recommended rate to all palm species. F. Trees, Palms, Shrubs and Ground Covers shall also be fertilized with 21 gram Agriform tables per manufacturer's application rates. 3.06 WEED AND INSECT CONTROL A. Seven days prior to planting apply post- emergent herbicide, "Roundup" or equal as manufactured by Monsanto Corp. or approved equal, per manufacturer's rate and method of application to all landscape bed areas as necessary. B. Provide viable application of pre- emergent herbicide "Surflan" in accordance with manufacturers recommendations before mulching, and again as necessary throughout required maintenance period to prevent weed seed germination. 1. Contractor shall schedule application with Owner or Owner's Representative to verify compliance with specifications. C. The Landscape Contractor shall verify that the herbicide and application technique will not damage plant material prior to application, and shall replace, and /or repair damage to any plant injured by herbicide application at no cost to the Owner. D. Provide written certification that all plant materials including palms have been specifically treated for insect control. 3.07 MULCHING TR- CA -J -56 16 B6 A. Top mulch planting pits, trenches, and areas within two days after planting. B. Cover watering basin or bed evenly with 4 inches uncompacted depth of mulch material. C. Water thoroughly immediately after mulching. D. Match mulch elevation at plant bed /sod line. E. Hose down planting area with fine spray to wash leaves of plants twice a week, or as _.. required. F. Exclude mulch from annual beds. 3.08 GUYING AND STAKING OF TREES A. Guy trees as shown on the drawings, except where they are planted in special locations where guying is not feasible. 1. Stake installation a. Install stakes perpendicularly, 2 feet into ground at edge of root ball. Do not install stake through soil separator or drainage gravel if present. Do not install stakes through root ball. Install stakes or guying within the tree or palm mulch area. b. Number of stakes as shown. B. Stake palm trees as shown. Contractor shall not deepen the burial of any palms for stabilization in lieu of staking. The clear trunk height shall be required as specified on plans after installation. The Contractor shall be responsible for and guarantee the installation against toppling, and be responsible for any and all damage incurred by toppling over of palms. C. Contractor shall leave all guying and staking in place and maintain in good repair. Ensure no guys or stakes occur in grassed areas. 3.09 PRUNING A. Prune minimum necessary to remove injured twigs and branches, deadwood, and suckers. Pruning shall be done with regard to natural form of plant material, or as directed by the Landscape Architect. 1. Prune trees and shrubs prior to delivery to site only under direction of Landscape Architect. (Note: Pruning is required for collected palms and trees per "Grades and Standards for Nursery Plants Part II, Palms and Trees, latest volumes. B. Pruning cuts shall be monitored to ensure proper healing and to prevent insect/disease infestation. TR- CA -J -57 b B C . Landscape Contractor shall perform all specialized shearing and /or pruning as irected by the Landscape Architect, as shown on the drawings, at no additional cost to the Owner. 3.10 MAINTENANCE A. Begin daily maintenance immediately after each item is planted. Continue until the final completion. The Owner's responsibility for landscape maintenance shall commence on the date each designated portion of the project is turned over to the Owner by acceptance. B. Maintain a healthy growing condition by pruning, watering, cultivating, weeding, mowing, mulching, tightening and repairing of guys, resetting plants to proper grades or upright position, restoration of plant saucer, and furnishing and applying such sprays as necessary to keep planting free of insects and diseases. C. The root system of plants shall be watered by the Contractor as often as conditions - require at such intervals as will keep the surrounding soil in best condition for promotion of root growth and plant life. Supplemental hand watering, above the irrigation system watering, is the responsibility of the Contractor until all plant materials are well established. D. Keep planting saucers and beds free of weeds, grass, and other undesired vegetation growth. All areas must be 98% weed free upon final acceptance by Owner. E. Protect planting areas and plants against trespassing and damage of any kind for the duration of the maintenance period. F. Inspect plants at least once a week and perform maintenance promptly. Replace impaired or dead plants promptly. Do not wait until near the end of the guarantee period to make replacements of plants, which have become unacceptable. G. Remove soil ridges from around watering basins as directed by the Landscape Architect/Owner's Representative. H. Water when soil moisture is below optimum level for best plant growth. Coordinate and adjust timing of irrigation system with irrigation contractor as plant materials establish. Contractor shall note that the irrigation system is not designed to accommodate establishment of trees and palms. It is the Contractor's responsibility to provide additional water as may be required above what is supplied by the irrigation system until all trees and palms are well established. I. Contractor shall be responsible to protect all cold sensitive approved plant materials stored or planted on -site by approved methods from cold or freeze damage as may be required. Contractor shall use approved horticultural practices typical for the South Florida area, and shall submit intended methods, schedules and plans of protection with required submittals for review and approval. In the event the Owner or Landscape Architect verifies that the materials protected by the Contractor are damaged during a cold period or freeze, the damaged materials shall be replaced (or not) by the Owner, or at additional cost to the Owner. The Contractor shall use reasonable measures to protect all cold sensitive plant materials. TR- CA -J -58 16 86 3.11 CLEANING A. Fill all pits /depressions in holding area, and rough grade to meet surrounding elevations. Remove any organic or other debris resulting from the plant relocation process. B. Sweep and wash all paved surfaces. C. Remove planting debris from project site and holding area. D. Remove soil conditioners, soil mixes, gravel, etc. from project site and holding area. 3.12 SUBSTANTIAL COMPLETION, OBSERVATION AND ACCEPTANCE A. Observation of the entire project, or designated portions thereof, shall be made upon written request of the Contractor. At that time, if all work is satisfactory and complete according to the conditions of the Contract, the Landscape Architect shall declare the work substantially complete. B. Contractor's written request for review of the complete work shall be received by the Landscape Architect at least five (5) days before anticipated date of observation. C. Plants that have died or are in unhealthy or badly impaired condition on observation shall be treated or replaced immediately at no additional cost to Owner. D. Replace rejected plants within two (2) weeks of observation or as indicated in the project time line schedule. E. Final completion acceptance of the work for the entire project, or designated portions thereof, shall constitute the beginning of guarantee period. F. Contractor's responsibility for maintenance (exclusive of replacement within guarantee period) shall be in according to the conditions of the contract. Substantial completion will be given by the Landscape Architect and the Owner's Representative, provided the Contractor has supplied the Landscape Architect with three (3) copies of written maintenance instructions as required under Paragraph 1.06 of this section. A complete maintenance manual shall contain information in sections of the following: 1. Weed Control a. Shrub areas b. Turf 2. Pest/insect Control a. Trees b. Palm C. Shrubs d. Turf 3. Fertilization TR- CA -J -59 �.6 B6 a. Schedules b. Trees �- C. Palms d. Shrubs e. Products /amounts or application rates f. Soil Testing g. Turf 4. Mulching Requirements 5. Trees, palms, and Shrubs a. Pruning/Trimming b. Watering Requirements C. Soil Testing d. Specifics for each type specified END OF SECTION VII TR- CA -J -60 16 B6 SECTION VIII - SODDING PART 1 — GENERAL 1.01 RELATED DOCUMENTS A. All applicable provisions of the Bidding and Contract Requirements, and General v_ Requirements shall govern the work under this section. B. Collier County Landscape Beautification Master Plan, R.O.W. Ordinance C. F.D.O.T. Florida Highway Landscape Guide, latest edition. D. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. E. Project Reference: F. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. G. South Florida Water Management Xeriscape Plant Guide II and State of Florida Division of Plant Industry Grades and Standards for Nursery Plants, latest volumes. 1.02 WORK INCLUDED A. Provide all labor, materials, necessary equipment and services to complete the sodding work, as indicated on the drawings, as specified herein, or both, including the replacement of any sod damaged from and adjacent to construction work, with sod of identical genus, species, and variety. B. Provide maintenance of traffic plans for automobile and pedestrian traffic within the project. Submit plans to the roadway agencies having jurisdiction for approval, prior to beginning work, using the latest MUTCD, F.D.O.T. Roadway and Traffic Design Standards, and the F.D.O.T. Florida Pedestrian Safety Plan. 1.03 RELATED WORK A. Section I Traffic Control Plan / F.D.O.T. Indexes B. Section IV Grading C. Section V Planting Soil Preparation D. Section VI Irrigation E. Section VII Plant Material and Installation 1.04 QUALITY ASSURANCE A. Standards 1. Florida Turf Producers Association, all sod shall be Florida Standard Grade. 2. Federal Specifications (FS) O -F -241 c (1), Fertilizers, Mixes, Commercial. B. Testing Agency: Independent Testing Laboratory. C. Requirements of Regulatory Agencies: Conform to the requirements of the State Department of Agriculture. TR- CA -J -61 1.05 86 6 A. Certificates and Guarantee 1. Growers Certification and Guarantee a. All sod shall be Florida Standard Grade sod as defined by the "Florida Turf Producers Association" which is true to botanical variety and 98% free of weeds and foreign grasses. b. Florida Standard Grade may have no visible broadleaf weeds when viewed from a standing position, and the turf shall be visibly consistent with no obvious patches of foreign grasses. In no case may the total amount of foreign grasses or weeds exceed 2% of the total canopy. The sod shall be neatly mowed and be mature enough that when grasped at one end, it can be picked up and handled without damage. C. Grass species and variety, with date and location of field from which sod is cut. d. One certificate per truckload is required. e. Compliance with state and federal quarantine restrictions, if applicable. 2. Manufacturer's certification of fertilizer and herbicide composition. 3. Contractor shall submit all certifications, reports, etc., to the Landscape Architect a minimum of one week prior to installation. B. Maintenance Instruction: Prior to the end of the maintenance period; furnish three copies of written maintenance instructions to the Owner's Representative and Landscape Architect for maintenance and care of all sodding throughout the full growing season. 1.06 DELIVERY, STORAGE AND HANDLING A. Deliver sod on pallets. B. Protect root system from exposure to wind or sun., T C. Protect sod against dehydration, contamination, and heating during transportation and delivery. D. Do not deliver more sod than can be installed within 24 hours. E. Keep stored sod moist and under shade, or covered with moistened burlap. F. Do not pile sod more than 2 feet deep. G. Do not tear, stretch, or drop sod. 1.07 JOB CONDITIONS A. Begin installation of sod after preceding related work is accepted. B. Environmental Requirements: TR- CA -J -62 16 IB 6 1. Install sod during months acceptable to the Landscape Architect or Owner's Representative. 2. Do not install sod on saturated soil. C. Protection: Erect signs and barriers against vehicular traffic. 1.08 GUARANTEE A. Guarantee sod for period of twelve (12) months after date of Final Completion. B. Replacement sod under this guarantee shall be guaranteed for twelve (12) months from the date of installation. C. Repair damage to other plants during sod replacement at no cost to the Owner. PART 2 — PRODUCTS 2.01 SOD A. Grass Species 1, Stenotaphrum secundatum "Floratam ", St. Augustine "Floratam" Grass — 50% sand grown. 2. American Sod Producers Association (ASPA) Grade: Nursery Grown or Approved. Field grown sod is not acceptable. 3. Florida Turf Producers Association: Florida Standard Grade 4. Bahia Sod, Paspalum notatum may be used in temporary, non - irrigated construction areas and along rights -of -way grass strips. B. All St. Augustine sod shall conform to the following requirements: 1. Furnish in pads that are not stretched, broken, or torn. 2. Size: Sod pads shall be 18x24 inches in size (plus or minus 5 %) with a 1 Y2 inch thickness (excluding top growth and thatch). 3. Sod shall be uniformly 2" in height. 4. Thatch: Maximum Y2 inch uncompressed. 5. Inspected and found free of diseases, nematodes, pests, fire ants, and pest larvae by entomologist of State Department of Agriculture. 6. Weeds: Free of horse grass, nut grass, or other objectionable weeds or weed seeds. 7. Uniform in color, leaf texture, and density. 2.02 WATER A. Potable water free of substances harmful to plant growth, objectionable odor, or staining agents. 2.03 FERTILIZER TR- CA -J -63 '- b B(, v C. Begin sodding at bottom of slopes. D. Lay first row of sod in straight line with long dimension of pads parallel to slope contours. E. Butt side and end joints. Ensure that joints are tight, thereby eliminating the need to patch and /or top dress to eliminate gaps. Top dress all joints with sand only where gaps occur and can not be set with tight butt joints. F. Stagger end joints in adjacent rows. G. Do not stretch or overlap rows. H. Peg sod on slopes greater than 1 in 3 with minimum of two stakes per square yard. I. Water sod immediately after transplanting. (See 3.03) TR- CA -J -64 A. FS O -F -241 c (1), Grade A or B. B. The Chemical designation for granular fertilizer shall be 15 -5 -15, with at least 50 percent (50 %) of the nitrogen from a non -water soluble organic source for all plantings. C. Apply and distribute by methods and rates as recommended by manufacturer. 2.04 HERBICIDES A. As recommended by the State Department of Agriculture. - 2.05 STAKES A. Softwood, 3% inch diameter, 8 inch length as required. PART 3 — EXECUTION 3.01 INSPECTION A. Disk, till, and /or scarify existing soil to depth of four inches (4 ") in all areas to be -. sodded, to produce a loose, friable soil conducive to exceptional sod growth. B. Water dry soil to depth of 6 inches, 48 hours before sodding. 3.02 INSTALLATION - A. Transplant sod within 48 hours after harvesting. B. Repair all existing lawn areas disturbed by installation of irrigation and /or plantings which will not be sodded with new sod. C. Begin sodding at bottom of slopes. D. Lay first row of sod in straight line with long dimension of pads parallel to slope contours. E. Butt side and end joints. Ensure that joints are tight, thereby eliminating the need to patch and /or top dress to eliminate gaps. Top dress all joints with sand only where gaps occur and can not be set with tight butt joints. F. Stagger end joints in adjacent rows. G. Do not stretch or overlap rows. H. Peg sod on slopes greater than 1 in 3 with minimum of two stakes per square yard. I. Water sod immediately after transplanting. (See 3.03) TR- CA -J -64 16 B6 J. Roll sod, except on pegged areas, with roller weighing no more than 150 lbs. per foot of roller width. Schedule rolling of sod to ensure observation by Owner and /or Landscape Architect. K. Water sod and soil to depth of 6 inches within four hours after rolling. 3.03 TURF ESTABLISHMENT A. Watering 1. Keep sod moist during first week after planting watering twice daily. 2. After first week, supplement rainfall to produce a total of 2 inches per week. 3. It is the contractors' responsibility to water all turf areas. B. Mowin 1. Maintain St. Augustine grass as required until final acceptance between 3 inches and 3.5 inches in height. When grass reaches 4 inches in height, mow to 3 inches in height. 2. Do not cut off more than 50% of grass leaf in single mowing. 3. Mow with mulching type mowers. C. Resod spots larger than 1/2 square foot not having uniform stand of grass. D. Weed Eradication: If required between second and third mowing, apply herbicide specifically Recommended for grass type uniformly at manufacturer's recommended rate. E. Fertilizer: Apply fertilizer uniformly at manufacturer's recommended rate 14 days after sodding and at three -month intervals thereafter. Thoroughly water in to avoid "burning" or damaging grass. F. The contractor shall maintain the sod areas for 90 days after installation, and prior to final completion, insuring the watering for lawn establishment and the mowing procedures as noted above are maintained during this period. Establishment period and maintenance of sod areas shall extend until final acceptance by the Owner according to the conditions of the Contract. 3.04 CLEANING A. Immediately clean spills from paved and finished surface areas. B. Remove debris and excess materials from project site. C. Dispose of protective barricades and warning signs at termination of turf establishment. 3.05 SUBSTANTIAL COMPLETION, INSPECTION AND ACCEPTANCE TR- CA -J -65 A. Inspection of the entire project, or designated portion thereo �,kll bPrQde upon P P J written request of Contractor. At that time, if all work is satisfactory and complete according to the conditions of the Contract, the Landscape Architect shall declare the work substantially complete. B. Contractor's written request for review of the complete work shall be received by Landscape Architect at least five (5) days before anticipated date of inspection. C. Sod that has died, or is in unhealthy or badly impaired condition on inspection, shall be treated or replaced within 14 days at no additional cost to Owner. D. Replace or repair rejected sod within two weeks of inspection. E. Final completion of the work for the entire project, or designated portions thereof, shall constitute the beginning of guarantee period. F. Contractor's responsibility for maintenance (exclusive of replacement within guarantee period) shall terminate on date the entire project, or designated portion thereof, is declared to be substantially complete by the Landscape Architect according to the conditions of the Contract; provided Contractor has supplied Landscape Architect with three (3) copies of written maintenance instructions as required under Paragraph 1.05 of this section. END OF SECTION VIII TR- CA -J -66 16 86 SECTION IX MAINTENANCE DURING CONSTRUCTION PART1 GENERAL These specifications are intended to provide the information by which the contractor may understand the minimum requirements of Collier County relative furnishing and delivering Grounds Maintenance for the road rights -of -way and medians within the project areas. 1.01 RELATED DOCUMENTS -- A. All applicable provisions of the Bidding and Contract Requirements, and General Requirements shall govern the work under this section. B. F.D.O.T. Standard Specifications for Road and Bridge Construction, latest edition. F.D.O.T. Roadway and Traffic Design Standards, latest edition, Index 600 Series. C. Project Reference: D. Applicable sections of the Collier County Land Development Code, Landscape and Irrigation Sections and the Collier County D.O.T. Roadway and Traffic Design Standards. 1.02 GENERAL NOTES A. Lane closure will not be permitted on holidays defined in the Current Edition of F.D.O.T. "Standard Specifications for Road and Bridge Construction ". B. The contractor shall maintain two -lane operation after working hours. All hazards will be removed as per applicable F.D.O.T. Indexes No. 600 - 660 before daily operations are complete. C. On -site work hours will be restricted to daylight hours and lane closures are restricted between the hours of 9:30 a.m. and 3:30 p.m. weekdays. D. This plan is a guide for the contractor. Coordination with the Naples F.D.O.T. District Maintenance Engineer is required. -- E. Emergency and unforeseen conditions may require the District Engineer to restrict or remove lane closures. The contractor shall make the requested adjustments, as directed by the District Engineer without delay. 1.02 RELATED DOCUMENTS A. Construction Contract Milestone Schedule B. Section I Traffic Control Plan / F.D.O.T. Indexes C. Section VI Irrigation -` D. Section VII Plant Material and Installation E. Section VIII Sodding 2.0 SCOPE OF WORK The work covered by this Contract requires a weekly servicing of the Work Areas per all specifications and services as described in the specifications. This requires the furnishing of all labor, equipment, materials and services necessary to satisfactorily perform grounds TR- CA -J -67 L6 86 maintenance, as determined by the Contract Documents, Project Manager or the designated Owner's Representative as follows: 2.01 LOCATION AND DESCRIPTION OF WORK AREAS The areas of work included in these specifications are located as described below. The rights -of -way and median work areas of the said project. 3.0 CONTRACT STANDARDS The following are general contract standards required by Collier County for providing Grounds Maintenance during construction. 3.01 TRAFFIC CONTROL At all times while performing work required by this Contract, the Contractor shall provide and erect Traffic Control Devices and use procedures conforming with the "F.D.O.T. Roadway and Traffic Design Standards" Current Edition and to other applicable Manuals or Indexes. The Contractor will be responsible for obtaining a copy of this document and become familiar with its requirements. Strict adherence to the requirements of this document will be enforced under this Contract. To assist in employee visibility; approved bright day -glow red /orange colored safety vests shall be worn by employees when servicing the area. An arrow board will be required under this Contract that meets F.D.O.T. traffic control requirements. Lane closure for median maintenance shall be limited. Upon proper placement of lane closed signs, pre- warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic only during non -peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Project Manager or his designee. (Hereinafter whenever the "Project Manager" is referenced in this bid document, it shall include by reference "or his designee "). 3.02. CONTRACTOR'S EMPLOYEES Employees of the Contractor shall be properly uniformed and provide a neat appearance. �- All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor under his sole direction and not an employee or agent of Collier County. The Contractor shall supply competent and physically capable employees and Collier County requires the Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued contract site services involvement is not in the best interest of the County. 3.03 ACCIDENTS OR THEFTS The Contractor shall be responsible each week to contact the Project Manager to report any accidents or thefts involving or occurring within the areas covered by this Contract. Should assistance of law enforcement, emergency personnel or others be requested, any costs incurred shall be included in the Contract unless otherwise approved by the Project Manager. TR- CA -J -68 3.04 RESPONSE TIMES 16 86 - On a twenty -four (24) hour basis, the Contractor may be required to travel to the site immediately to meet with the Contract Manager, law enforcement or emergency personnel to resolve an emergency. The Contractor shall respond to a telephone, beeper, or radio call - within one (1) hour. There shall be no additional charge for these responses. 3.06 GENERAL MAINTENANCE REPORTING The Contractor shall report maintenance work and observations as part of the weekly Contractor's Meeting Report. The Contractor will also be required to conduct on -site observations with the Project Manager or Owner's Representative on a weekly basis to verify satisfactory completion of Contract requirements. 4.0 BASIC MAINTENANCE FUNCTIONS A. MOWING AND EDGING Mowing and edging shall only include the medians that contain turf or any immediate turf areas surrounding or within a work area that is tied up for more than seven (7) days, along the rights - of -way involved in the contracted work. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost. Grass shall be cut at a height of three and one - half inches (3 Y2 "). The frequency of cutting will be weekly. The number of mowings may be modified by the Contract Manager or by seasonal weather conditions at the Contract Manager's discretion. The Contractor shall use or alternate mowing practices, patterns or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract shall be mowed with twenty -one inch (21" + / -) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self - propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and /or gutters including a four foot (4) area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right -of -way areas. B. IRRIGATION SYSTEMS TR- CA -J -69 M4�oj The sprinkler systems shall be checked and repaired as necessary. Quick coupling valves shall be reviewed weekly and operated to insure proper operation. Maintenance responsibilities - will include cleaning and adjustment of heads, nozzles, and valves to insure proper coverage, review of filters and backflow preventers, replacement of heads and nozzles, installation or replacement of risers, repair of minor breaks or restricted sprinkler lines, replacement of - damaged valve boxes /lids and adjustment of controllers and rain shutoff switches for settings and operation. Labor costs for these services shall be included in the Contract Proposal. Faulty or non - accident related materials or parts required for repairs shall be under warranty and at no W. additional charge. Major accident damage repairs to the sprinkler system including repair of valves, mainlines, time - clocks, damage by vehicles or electrical wiring problems not caused by the Contractor or their sub - Contractors will be considered as additional expenses to the Contract. These additional expenses shall be charged as a time and material billing. All additional expenses must be approved by the Project Manager prior to proceeding with the work. MISCELLANEOUS IRRIGATION MAINTENANCE RESPONSIBILITIES 1. Should the temperature be forecast to be below thirty -four (34) degrees, the Contractor shall be responsible for turning the irrigation system off in order to protect plants from possible freeze damage. 2. It shall be the Contractor's responsibility to notify the Project Manager of any irrigation problems or additional irrigation maintenance needs. 3. The Contractor shall maintain on -site, where required, the County supplied reclaimed water irrigation signage. Cost to install replacement signs shall be considered additional services and be billed on a time and material basis. 4. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed upon by the Contractor and the Project Manager prior to performing additional services. The irrigation service personnel shall have on -site two -way hand -held communications during all services and /or inspections. C. WEEDING Weeding of plant beds, sidewalks, guardrail bases, tree grates, curb and paving joints and other mulched areas by chemical and /or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. D. GENERAL SITE PRUNING All pruning shall be minimal and performed on an as needed basis. Pruning shall only be performed to encourage growth, remove dead or diseased foliage, or to maintain sight window requirements per the F.D.O.T. Indexes E. TRASH REMOVAL TR- CA -J -70 16 86 With each service, all site work areas shall be cleaned by removing all trash or debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. All - debris or trash pick -up shall be performed prior to mowing in all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping or charges are to be included in the Contract Proposal Price. F. STREET CLEANING Street Cleanin4 A four -foot (4') wide area measured from the face of the curb and gutters including turn lanes and medians shall be cleaned with each site service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. G. MISCELLANEOUS MAINTENANCE RESPONSIBILITIES 1. If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Contractor's employees or a Subcontractor as determined by the Project Manager, they shall be replaced at the Contractor's expense under the warranty. 2. The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the Contractor's expense. 3. It shall be the Contractor's responsibility to notify the Project Manager of any maintenance problems or additional maintenance needs. 4. Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost shall be agreed to by the Contractor and Project Manager prior to performing additional services. _ 5. The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation during each week's service to the site. The Contractor shall immediately notify the Project Manager should a disease or infestation be found and begin appropriate treatment per the Contract requirements. 6. The Contractor shall have radio, cellular phone and /or beeper equipment for on -site and off -site communication in order to communicate with the ProjectManager. SECTION III. SITE SPECIFIC MAINTENANCE FUNCTIONS A. CANOPY TREE AND PALM PRUNING All pruning shall be minimal and performed on an as needed basis. Pruning shall only be performed to encourage growth, remove dead or diseased foliage, or to maintain sight window requirements per the F.D.O.T. Indexes. B. FERTILIZATION TR- CA -J -71 _ following fertilization schedule is provided as a monthly guideline for le (Drtilia(& of the The g p plant materials during the contract until project completion. The Contractor is responsible for providing fertilization of the newly installed plant materials until project completion. The Project Manager reserves the right to change the fertilization schedule and formulation as needed to meet special turf or plant needs or other unforeseen conditions which may develop. Prior to fertilization application, notification to the Project Manager is required to allow for inspection of all bags. Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve inch (12 ") radius ring around the base of the plants. Trees and palms shall be fertilized by hand in a thirty - six inch (36 ") radius ring around the base. An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (1) cup per one -inch (1 ") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcover shall receive one -half ('/2) cup per eighteen inches (18 ") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The fertilizer shall be applied as set forth in the following schedule. St. Augustine "Floratam" Grass Granular fertilization of St. Augustine "Floratam" grass shall be applied by rotary spreader at the recommended rates seven (7) times per year as set forth in the following schedule. Months Formulation Application Rates December 21 -0 -0 4.5 lbs. / 1,000 sq. ft. February 15 -5 -15 (SR) 6.5 lbs. / 1,000 sq. ft. April 0 -0 22 So -Po -Mg 10.0 lbs. / 1,000 sq. ft. May 15 -5 -15 (SR) 6.5 lbs. / 1,000 sq. ft. July 13 -3 -13 (SR) 7.0 lbs. - 1,000 sq. ft. September 0 -0 22 So -Po -Mg 10.0 lbs. / 1,000 sq. ft. October 15 -5 -15 (SR) 6.5 lbs. / 1,000 sq. ft. Shrubs Groundcovers Palms and Trees Trees with tree grates shall have the fertilizer applied along the house side of the tree grate and poured into the tree grate slot openings. Months Formulation Application Rates October 9 -11 -11 12.5 lbs. / 1,000 sq. ft. February 9 -11 -11 12.5 lbs. / 1,000 sq. ft. April 0 -0 22 So -Po -Mg 10.0 lbs. / 1,000 sq. ft. TR- CA -J -72 �- 16 86 May 9 -11 -11 12.5 lbs. / 1,000 sq. ft. July 9 -11 -11 12.5 lbs. - 1,000 sq. ft. -- September 0 -0 22 So -Po -Mg 10.0 lbs. / 1,000 sq. ft. Applications of Sequestrene Iron at a mixture of 1.25 tablespoons per gallon should be applied during the months of March, June, September and December. The application is to be a drench, at the root zone of any plants subject to iron deficiencies as determined by the Project Manager. Applications of 20 -20 -20 at ten (10) pounds of materials per one hundred (100) gallons of water with Ferrmec AC 13 -0 -0 plus 6% iron at 1/3 gallon of material per one hundred (100) gallons of water. C. ORNAMENTAL AND TURF SPRAYING Overall Ornamental & Turf Spraying of plants, shrubs and grassed areas is included in the Contract. 1. It is required that the Pest Control Firm performing these services shall possess and provide the following to the Contract Manager: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor degree in Ornamental Horticulture and /or Entomology or the equivalent practical experience approved by the Owner. c. Current Contractor's Occupational License for Pest Control Service. 2. The Pest Control Firm shall provide an overall written pest and spray program that shall incorporate ant and rodent control and shall meet or exceed the following minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. List of all chemicals to be used. -- 3. The Pest Control Firm shall make on -site inspections and provide written reports to the Contract Manager once per month. 4. Methods of Application: One hundred percent (100 %) coverage and penetration shall be provided. Insecticides and - Fungicides shall be applied at the proper pressure to provide maximum coverage. Chinch TR- CA -J -73 16 B6 bug treatments shall be applied at a minimum rate of ten (10) gallons of spray mix per 1000 square feet of treatment area. a. Insecticides should be alternated from organophosphates to pryrethroids like to prevent an insect immunity to the application. b. Herbicides used in turf areas shall be applied at the proper pressure. c. Herbicides shall not be applied when the temperature exceeds eighty -five (85) degrees. d. Spreader sticker (Nu -Film 17 or equal) shall be incorporated in all spraying of Groundcovers, Shrubs, Trees, Palms, and Turf Areas when recommended by the label. e. Spray applications shall be applied during times of "No- Wind" conditions. f. No trucks or tractors with bar type tires or a gross weight greater than three thousand (3000) pounds will be allowed within or on the median areas. g. At time of application, provide and place, traffic control meeting Florida Department of Transportation. M.U.T.C.D and Indexes. h. All spray application shall contain a wetting agent within the mix when recommended by the label or Projectt Manager. 5. Rate of Application: All chemicals shall be applied at the rates recommended on the manufacture's labels. 6. Materials List: All insecticide, fungicide and herbicide chemicals to be used on turf areas and on plant -- materials shall be submitted in writing to the Contract Manager for review and approval. 7. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the on -site inspection reports. a. Turf Areas: Insecticides & Fungicides - Applications on an as needed basis. Herbicides - Applications, to include Pre - emergent in February and September, Post- emergent in November, January and March or on an as needed basis until project completion. b. Groundcovers, Shrubs and Trees: TR- CA -J -74 Insecticides & Fun pp - Fungicides Applications on an as needed basis. 16 86 g c. Bed Areas: Herbicides - Applications, Pre - emergent in February and September, Post - emergent in November, January and March or on an as needed basis. 8. Additional Requirements: When it becomes necessary for the Contractor to return for additional spraying as directed by the Contract Manager due to non - performance of a required application, such - additional spraying shall be performed at no cost to the Owner. D. MULCHING Organic Mulch Mulch shall be maintained to the plan specified coverage and depths. Non - Organic Mulch Mulch shall be maintained to the plan specific coverage and depth. F. IRRIGATION SYSTEMS This site may have both subsurface irrigation and conventional pop -up sprinkler systems. Subsurface Irrigation System 1. A visual inspection of the subsurface irrigation system shall be done weekly to determine if there are cuts, leaks or other line damages or problems. 2. All non - accident related cuts, leaks or other line damages found during weekly servicing of the work area shall be repaired immediately and at no extra cost to the Owner. All insecticide, fungicide and herbicide chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Project Manager for review and approval. 3. No excavation or mechanical edging shall be done within these areas without prior notification to the Project Manager. 4. Each zone shall be manually turned on at the valve to ascertain proper operation of the system. 5. Check the controllers and rain sensing devices for proper operation and settings. Conventional Pop -up Sprinkler Systems Weekly Service Requirements: 1. Each zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair of blown -off heads, broken lines or leaks around heads or valves. TR- CA -J -75 16 B6 3. Check the controllers and rain sensing devices for proper operation and settings. 4. The Contractor shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100 %) irrigation coverage. 5. The Contractor shall review the plants within irrigated Work Area, for dry conditions and if found, correct the problem immediately and advise the Project Manager. Monthly Service Requirements: 1. Manually run the system, clean and adjust sprinkler heads /nozzles and emitter lines as necessary to ensure for proper coverage and that no sprinklers heads /nozzles are spraying directly into the roadway. General Service Requirements: 1. Should South Florida Water Management District or other governing agency establish water restrictions, the irrigation systems shall be inspected and all controllers set to the mandated hours of operation set by the District. 2. Replace defective piping, emitter piping, heads, nozzles and risers, and repair minor breaks or restricted sprinkler lines. 3. Replace damaged valve boxes /lids if caused by the Contractor. 4. Inspect, clean and replace, if necessary, screens /filters within the sprinkler heads. 5. Use only County approved replacement parts, and use only matched precipitation head replacements. Replacement sprinkler heads shall be supplied by Collier County. 6. Keep grass and mulch out of all valve boxes. All valve boxes in sod areas are to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2 ") above finished mulch level. Inside of all valve boxes shall be kept clean, and the valves shall be kept one hundred percent (100 %) accessible. 7. One hundred percent (100 %) irrigation coverage shall be maintained within all landscaped areas while this Contract is in effect. S. Notification to the Project Manager is required when acts of vandalism or accidents have occurred to the irrigation system, G. DECORATIVE PAVERS AND PAVING All decorative paving areas shall be reviewed with each weekly service to determine if damage or problems exist. Upon finding damage or problems to the paving, an immediate notification to the Project Manager, or his authorized representative is required. Upon finding damaged areas, the Contractor shall clean -up debris if present, and /or flag off the areas with protective barriers and /or high visibility hazard tape. The Contractor shall submit a proposal as soon as possible for TR- CA -J -76 repair or replacement of the damaged brick curbing or paving areas. Repairs to the paving not related to the Contractor or their sub - Contractor's will be considered as additional expenses to the Contract. The additional expenses shall be charged as a time and material billing with the bricks being provided to the County. All additional expenses must be pre- approved by the Project Manager. END OF MAINTENANCE DURING CONSTRUCTION SECTION TR- CA -J -77 16 06 EXHIbil'K PERMITS Page Left Intentionally Blank TR-CA-K-1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SUW TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO F 16CI THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the documalu is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. N/A Yes 2. Yes Yes 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the exemfive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Pam Callis Phone Number 403 -2359 Contact Agenda Date Item was 11/30/04 Agenda Item Number 16C1 Approved by the BCC Type of Document Satisfactions of Notice of Claim of Lien for Number of Original 2 Attached Sanitary Sewer System Im act Fees I Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is 11vnai ucxmument nas been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final_ negotiated contract date whichever is applicable "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Yes (Initial) N/A (Not Applicable) Yes N/A Yes Yes Yes This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 *** 3519928 OR: 3691 PG: 3916 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/07/2004 at 01:05PN DWIGHT B. BROCK, CLERK REC FEE 10.00 Retn: COPIES 1.00 CLERK TO TH so BOARD FLOOR 16C1 BIT 7240 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Lien against: JOHN LEE BARRETT and KATRINA M. BARRETT 810 Merry Lane Greenwood, Indiana 46142 The Lien was recorded on 10TH day of November 1999, in Official Record Book 2610, Page(s) 1855, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Sixty Nine Dollars and Eighteen Cents ($69.18), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 102, PORT -AU- PRINCE MOBILE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 51, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 68343960001 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 3ot"4day of llcuQ PacR. , 2004. ATTEST: DWI. e ROCK, CLERK A #test "ils to f nrrea ' s APIA ved ag-to. fain and Legaf` §Uftioi , r BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY ANQ AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT 4RB NARY DONNA IALA, CHAIRMAN ASSISTANT COUNTY ATTORNEY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 3519929 OR; 3691 PG; 3917 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/07/2004 at 01:05PN DWIGHT B. BROCK, CLERK RBC FEE 18.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Lien against: WILLIAM KLOHN, TRUSTEE, c/o J. M. HOVLAND & ASSOC., 11983 TAMIAMI TRAIL NORTH NAPLES, FL 33963 The Lien was recorded on 27TH day of July 1995, in Official Record Book 2083, Page(s) 0916, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Thousand Five Hundred Dollars and No Cents ($2,500.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE SOUTH 260.00 FEET OF THAT PORTION OF THE EAST ONE -HALF (E1/2) OF THE SOUTHWEST ONE - QUARTER (SW1 /4) OF THE SOUTHWEST ONE - QUARTER (SW1 /4) OF THE SOUTHWEST ONE - QUARTER (SW1 /4) OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF TAYLOR ROAD AND NORTH OF PINE RIDGE ROAD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89 036'00" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST ONE - QUARTER (SW1 /4) OF THE SAID SECTION 11 FOR A DISTANCE OF 533.48 FEET; THENCE RUN NORTH 05 °09'57" WEST FOR A DISTANCE OF 50.17 FEET TO A POINT OF INTERSECTION OF THE NORTHERLY RIGHT -OF- WAY LINE OF PINE RIDGE ROAD (C.R. # 896) WITH THE EASTERLY RIGHT - OF -WAY LINE OF TAYLOR ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED: THENCE CONTINUE NORTH 05 009'57" WEST ALONG THE EASTERLY RIGHT -OF -WAY LINE OF TAYLOR ROAD FOR A DISTANCE OF 260.90 FEET; THENCE RUN NORTH 89 036'00" EAST PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE - QUARTER (SW1 /4) OF THE SAID SECTION 11 FOR A DISTANCE OF 154.31 FEET TO A POINT ON THE EAST LINE OF THE EAST ONE -HALF (E1/2) OF THE SOUTHWEST ONE - QUARTER (SW1 /4) OF THE SOUTHWEST ONE - QUARTER (SW1 /4) OF THE SOUTHWEST ONE - QUARTER (SW1 /4) OF THE SAID SECTION 11; THENCE RUN SOUTH 00 °23'49" EAST ALONG THE EAST LINE OF THE SOUTHWEST ONE - QUARTER (SW1 /4) OF THE SOUTHWEST ONE - QUARTER (SW1 /4) OF THE SOUTHWEST ONE - QUARTER (SW1 /4) OF THE SOUTHWEST ONE - QUARTER (SW1 /4) OF SAID SECTION 11 FOR A DISTANCE OF 260.00 FEET TO A POINT ON THE NORTHERLY RIGHT -OF- WAY LINE OF PINE RIDGE ROAD (C.R. # 896); THENCE RUN SOUTH 89 036'00" WEST ALONG THE NORTHERLY RIGHT -OF -WAY LINE OF PINE RIDGE ROAD (C.R. 896); FOR A DISTANCE OF 132.62 FEET TO THE POINT OF BEGINNING, CONTAINING 0.856 ACRES, MORE OR LESS. AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1403, PAGE 1109 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 00241080009 * ** OR: 3691 PG: 3918 * ** 16C Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this3o* day of N "mgcR , 2004. ATTEST: DWIGHT E. BROQ'K,,CLERK Attest # is signature ±r�lJ�`i ; Approve as't6 figrr46d- Legal suffffOpncy,:. ... '�� ROBERT ZACHARY ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOAF#b-.OF THE COLLIER COUNTY WATER -SEWER DISTRICT d-rr�uv DONNA FIALA, CHAIRMAN " "` °° rWl ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO %� THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT t,� (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on e, the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (list in routing order) 2. 93 5. Sue Filson, Executive Manager Office Board of County Commissioners Initials I Date PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Pam Callis Contact Agenda Date Item was 11/30/04 Approved by the BCC Phone Number Agenda Item Number 403 -2359 16C2 Type of Document Satisfaction of Lien and SA Number of Original 2 Attached Resolution 358 Documents Attached INSTRUCTIONS & CHECKLIST uutim u,c r es column or marK "N /A" in the Not Applicable column, whichever is Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) All handwritten stake- through and revisions have been initialed by the County Attorney's rney's Office and all other parties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of vour deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Yes (Initial) N/A (Not Applicable)- Yes N/A Yes Yes Yes RESOLUTION NO. 2004- 358 16C2 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94 -694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94 -694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 3764 This Resolution adopted this 30* day of A)Wetm,-,@ , 2004, after motion, second and majority vote. ATTEST.— DWIGHXE: ®A0&K, , G,LI< Ntt st as to Chalrrran's Signature onl Approved as I6 form and le y: avid C. W gel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DO NA FIALA, CHAIRMAN * ** 3519930 OR; 3691 PG; 3919 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/01/2004 at 01 :05PN DWIGHT B. BROCK, CLERK RBC FBI 10.00 Retn: COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EYT 1240 * ** 3519931 OR: 3691 PG: 3920 ** This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/07/2004 at 01:05PH DWIGHT B. BROCK, CLERK RBC FIE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 Property Folio No. 00764840001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Barbosa, Santiago =& Elizabeth 17038 Lockhart Dr Naples, FL 339610000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 2051 27 BEG AT 1/4SEC CNR 17 + 20 RUN S 2176.21 FT N 89 DEG W 874.48FT TO POB, N 89 DEG W 60FT, N 135FT, S 89DEG E 60FT, S 135FT TO POB Folio No. 00764840001 Project No. 63000 Account No. 3764 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this-RotAday of n4oq &m4c -k , 2004. ATTEST, BOARD OF COUNTY COMMISSIONERS D W I G F ELK COLLIER CO TY, FLORIDA V � u �t�.y Approv6'a� "Cb10f. only. DONNA I IR and legal`ffiCrer'` ROBERTZACHARY ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIM TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin¢ order) 2. 0 0 5. Sue Filson, Executive Manager I Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Pam Callis Phone Number 403 -2359 Contact Agenda Date Item was 11/30/04 Agenda Item Number 16C3 Approved by the BCC Type of Document Satisfaction of Lien and Number of Original 2 Attached Resolution a I 1panUOSA 3,j Documents Attached T1V.CTT?T T!"'TTnr`rc P_ niTT! �T7i Term 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04 RESOLUTION NO. 2004- 359 16C3 A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95 -475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95 -475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 3049 This Resolution adopted this �ntday of 2004, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Attest sf9natur Approved gas ta;form legal f David C. e' el County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONN FIALA, CHAIRMAN * ** 3519932 OR: 3691 PG; 3921 RICORDID in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/01/2004 at 01 :05PK DWIGHT B. BROCK, CLERK RBC FBI 10.00 Retn: COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 1240 . This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No: 00764840001 * ** 3519933 OR; 3691 PG; 3922 **1 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/07/2004 at 01 :05PH DWIGHT B. BROCK, CLERK RIC FBI 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROPFICB 4TH FLOOR BIT 7240 16C3 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Barbosa, Santiago =& Elizabeth 17038 Lockhart Dr Naples, Fl 339610000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 2051 27 BEG AT1/4 SECCNR17 +20 RUN S2176.21FTN89 DEG W 874.48FT TO POB, N 89DEG W 60FT, N 135FT. S 89DEG E 60FT, S 135FT TO POB Folio No. 00764840001 Project No. 64000 Account No. 3049 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this-3o lk day of llove-wiG R , 2004. ATTEST: DWIGHT E. BROCK, CLERK 4AA40-:-1 Attest as try £h Signature Ty.; Approve as tA' rm { andI -( E�'• v� �., l A ROBERT ZAPHAR` ,, BOARD OF COUNTY COMMISSIONERS COLLIER COP Y, FLORIDA By DONNA , ALA, IR ORIGINAL DOCUMENTS CHECKLIST & ROUTING 1 6 C4_ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. 11/30/04 Agenda Item Number 16C4 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Satisfactions of Lien and Number of Original 7 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Pam Callis Phone Number 403 -2359 Contact appropriate. (Initial) Applicable) Agenda Date Item was 11/30/04 Agenda Item Number 16C4 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Satisfactions of Lien and Number of Original 7 Attached I Resolution Documents Attached q r e,h Cep Aa /es STRI�CtIONS' & C� CKLI ' .. ,. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the Yes document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Yes — signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip Yes should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 RESOLUTION NO. 2004- 360 16 C �i A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000 -236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90 -30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000 -236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 3311 5694 6952 10786 12483 15244 This Resolution adopted this 3p4A day of 1JaV EMaC- k_ , 2004, after motion, second and majority vote. r ; BOARD OF COMMISSIONERS ATTEST:,--,, COLLIER C NTY, FLORIDA DWIGHT E. B'R0CK E R K BY: 1/17 ` . =i,. _ aS"'.60 Cha f rat DONN FIA an s LA, CHAIRMAN Approved to "fnrrrF1 wrly. 3519934 OR: 3691 PG: 3923 legs of ,� s'`'��.. - -� RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL K 12/07/2004 at 01:05PN DWIGHT E. BROCK, CLERK � RBC FBI 10.00 �' bAVID C. IGEL COPIES 1.00 COUNTY ATTORNEY Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 * ** 3519935 OR; 3691 PG; 3924' RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/07/2004 at 01:05PN DWIGHT B. BROCK, CLERK RBC FBI 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 16 C4 Property Folio No. 00764840001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Barbosa, Elizabeth 17038 Lockhart Dr Naples, FL 341148922 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 20 51 27 BEG AT' /a SEC CNR 17 + 20 RUN S 2176.21 FT N 89DEG W 874.48FT TO POB, N 89DEG W 60FT, N 135FT, S 89DEG E 60FT, S 135FT TO POB Folio No. 00764840001 Project No. 65000 Account No. 3311 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this.30-/Aday of �lo��n4s� , 2004. ATTEST:.,rt. y,;x'r" BOARD OF CO NTY COMMISSIONERS DWIGHT::•BfiOC'K;ERK COLLIER CONY, FLORIDA ' 15ONNA qIALA, CHAIRMAN Approved -to fAffiature and legal ROBERT ZACHARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 27800002809 * ** 3519936 OR: 3691 PG: 3925 * ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/07/2004 at 01:05PH DWIGHT B. BROCK, CLERK RBC FEE 10.00 COFIBS 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EYT 7240 16 C4_ SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Reliance Properties LTD %Jijs- Silang 4800 Airport Pulling Rd N Naples, FL 341052510 The Lien was recorded on the 8t" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CORINTHIAN GARDENS AT WORLD TENNIS CENTER BLK A LOT 10 Folio No. 27800002809 Project No. 65000 Account No. 5694 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 4pit w, &eq , 2004. ATTEST: " , BOARD OF Cq,UNTY COMMISSIONERS DWIGHT, E. BRO&s;,,CLERK COLLIER C TY, FLORIDA w F �rh By;:Attest t�. It�fr�an�s DONNA FIALA, CHAIRMAN Approv6dkAsl xiei'otn1 j. and legal sulffciertcy ROBERT ZA ARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 35641560000 * ** 3519937 OR; 3691 PG; 3926 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/07/2004 at 01:05PK DWIGHT B. BROCK, CLERK RBC FIE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR L %� BIT 7240 lJ SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Morales, Joseph =& Sonia 4185 Golden Gate Pkwy Naples, FL 341166521 The Lien was recorded on the 8t" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 1 BLK 6 LOT 21 OR 1798 PG 324 Folio No. 35641560000 Project No. 65000 Account No. 6952 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this3o *day of I�oJ�.v►Flc 2 , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK- CLERK COLLIER CO Y, FLORIDA s T Nt aim Bar. ONNA I L AIR A ., Approve as,tolo rf "L4"n7 y and Iegek, i,ffiae. CY ROBERT ZA HARY * ** 3519938 OR; 3691 PG; 3927 **' This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/07/2004 at 01:05FN DWIGHT B. BROCK, CLERK RBC FIR 10.00 COPIES 1100 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR w B %T 7240 16 C 4 Property Folio No. 36660042003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Nieves, Wilfred A =& America G 4710 1 s' Ave NW Naples, FL 341192647 The Lien was recorded on the 81" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 2 TR 1, LESS W 364FT Folio No. 36660042003 Project No. 65000 Account No. 10786 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 4bic- m/ -E,e, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. B,ROC.KS:CLERK COLLIER C TY, FLORIDA • By: .Attes, it Chairman ° SDONNA IALA, CHAIRMAN Approved as.4 #9IWur-- 'only. and lepf--Oufficiency. RO ERT ZA ARY * ** 3519939 OR: 3691 PG: 3928 **' This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 11/07/2004 at 01 :05PK DWIGHT E, BROCK, CLERK RBC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR C EKT 7240 4 Property Folio No. 37643560006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Callihan Jr, Robert E Stephanie Callihan 29306 th St NW Naples, FL 341201330 The Lien was recorded on the 8t" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 21 S 75FT OF N 180FT OF TR 53 Folio No. 37643560006 Project No. 65000 Account No. 12483 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this.-IoA day of l4a.Vgm ,Q , 2004. ATTEST: BOARD OF C NTY COMMISSIONERS DWIGHT,E.;bRCK; .CLERK COLLIER C TY, FLORIDA BV: Cant/ hairmaq SDONNA IALA, CHAIRMAN Approved as t416W.Ure ors l y . and legaf/,g pfficieney, RO ERT ZAC ARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 40687120004 * ** 3519940 OR: 3691 PG: 3929 **1 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/07/2004 at 01:05PH DWIGHT H. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EYT 7240 SATISFACTION OF LIEN 16 C4- KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Hoover, Michael L =& Dorthy A 35808 th Ave NE Naples, FL 341204963 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 77 W 75FT OF E 180FT OF TR 89 OR 1800 PG 1448 Folio No. 40687120004 Project No. 65000 Account No. 15244 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of No %mag7k , 2004. ATTEST: BOARD OF C NTY COMMISSIONERS DWIGHT E.,BR0tk, :'bLE;RK COLLIER C TY, FLORIDA G% s - By: y; Att j�to ChairmanDJ)NNA IALA, CHAIRMAN Approved; as to¢rr° an ] y. and legate $,pffic 6jcy . r RO ERT AC RY ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO C THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine order) 2. 3. rd 5. Sue Filson, Executive Manager I Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Pam Callis Phone Number 403 -2359 Contact Agenda Date Item was 11/30/04 Approved b the BCC Agenda Item Number 16C5 Type of Document Satisfaction of Lien and Number of Original 2 Attached I Resolution Documents Attached d-> r Z6/ 1rMQTDiT!`4miA-Xi►T10 o stirrr��r�� 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04 Yes N/A (Not (Initial) A licable Yes N/A Yes Yes Yes au %IJL 1NA.1.11 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is —appropriate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature from pages ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si gnature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip WWS Original 9.03.04 Yes N/A (Not (Initial) A licable Yes N/A Yes Yes Yes RESOLUTION NO. 2004- 361 A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000 -237, was recorded on August 8, 2000 in Official ecord Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien in the official records of Collier County: Account No. 3366 This Resolution adopted after this 30 tA day of 2004 after motion, second and majority vote. ATTEST: DWIGHT. :7"-PC-irERK t 3' Approved as*i ,rm'and legal suffici ''David C. Wei I County Attorney f►oan's BOARD OF COMMISSIONERS COIONA NTY, FLORIDA BY: AL A, CHAIRMAN * ** 3519941 OR; 3691 PG; 3930 RECORDED A OFFICIAL RECORDS of COLLIER COUNTY, FL 12/07/2004 at 01:05PK DWIGHT B. BROCK, CLERK RBC FBI 10.00 Retn; COPIES 1.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR B %T 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774 -8400 Property Folio No. 00764840001 * ** 3519942 OR; 3691 PG; 3931 **' RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/01/2004 at 01:05PK DWIGHT B. BROCK, CLERK RBC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 1240 16C5 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Barbosa, Elizabeth 17038 Lockhart Dr Naples, FL 341148922 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 20 51 27 BEG AT' /a SEC CNR 17 + 20 RUN S 2176.21 FT N 89DEG W 874.48FT TO POB, N 89DEG W 60FT, N 135FT, S 89 DEG E 60FT, S 135FT TO POB Folio No. Project No. Account No. 00764840001 66000 3366 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this&& day of r p lemily g , 2004. ;A ; ATTEST t , BOARD OF C NTY COMMISSIONERS DWIGHT, BR rLiK COLLIER C TY, FLORIDA y By: as to Cha f r &gNVPA IALA, CHAIRMAN Approved4s tow --rn ° y only. and legal. s61fiq *inpy;' ROB RT ZACH RY 16C6 MEMORANDUM Date: December 01, 2004 To: Ron Dillard, Senior Project Manager Public Utilities Engineering Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Amendment No. 2 to Contract No. 03 -3517; with Greeley and Hansen, LLC for "Professional Engineering Services for Water Main Projects" Enclosed please find two (2) original documents, as referenced above, approved by the Board of County Commissioners on November 30, 2004 (Agenda Item #16C6). The Minutes and Records Department has kept an original for the official public record, and a copy will be forwarded to the Finance Department. If you should have any questions, please contact me ext. 8411. Thank you. Enclosures(2) ORIGINAL DOCUMENTS CHECKLIST & ROUTING S P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO � Co THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after, the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. Nov. 30, 2004 Agenda Item Number 16 (C) 6 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Contract Amendment Number of Original 4 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 4. contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 5. Sue Filson, Executive Manager Board of County Commissioners N/A PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Ron Dillard Phone Number 530 -5338 Contact appropriate. (Initial) Applicable) Agenda Date Item was Nov. 30, 2004 Agenda Item Number 16 (C) 6 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Contract Amendment Number of Original 4 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, d - resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the p 4� C 15 f- P document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's, signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 EXHIBIT A -2: Amendment 2 to Contract 03 -3517 16C6 "Professional Engineering Services for Water Main Projects" This amendment, dated , 2004 to the referenced agreement shall be by and between the parties to the original Agreement, Greeley and Hansen LLC, (to be referred to as "Consultant ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding RE: Contract 03 -3517 "Professional Engineering Services for Water Main Projects" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as follows. Schedule A, Item A.8.1 Additional Services — Prepare Permit Applications. The original Agreement included an allowance to prepare the FDOT Utility Permit, FDEP Water Distribution System General Use Permit, OWNER Right -of -Way Permit and FDEP Noticed General Permit. Amendment No. 2 includes upgrading the FDEP Noticed General Permit to a FDEP Environmental Resource Permit (ERP). ERP permitting is necessary based on a preliminary study of the area wetlands. Additional permitting application services will include: • FDEP /ACOE Joint ERP application, jurisdictional and archaeological determination, listed species survey and permit review. • SFWMD Right -of -Way use permitting and permit review. Schedule A, Item A.8.1 Additional Services — Provide Survey. The original Agreement and Amendment No. 1, included survey required for design of new water mains along CR 951 and US 41. Amendment No. 2 is for additional survey services associated with the proposed water main alignment along the SFWMD corridor. The survey alignment corridor shall include the full width of the SFWMD corridor along C.R. 951 from Davis Boulevard to the southwest bend of C.R. 951. The survey shall consist of establishment of vertical control consistent with OWNER utility mapping, cross sections at 400 -foot intervals along the SFWMD corridor, locations of all existing utilities within the proposed alignment, cross sections of specific canal crossings, locating of jurisdictional lines, sketch and descriptions for 18 temporary and permanent easements at canal crossings and sketch and descriptions for easements within the SFWMD corridor. Items in Amendment 2 will require an additional 38 weeks to complete. This time extension will be added to the original time allotted for Final Design. This Amendment shall extend the Agreement through September 15, 2006. The Consultant agrees that this amends the original Contract and that the Consultant agrees to complete said services in the amount of eighty one thousand three hundred thirty two dollars ($81,332). All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an 16C6 authorized P erson or a g ent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: C ate Secretary/Witness By: ��+ O• Dated: ,/o z r= OV, CORPORATESEAL ATTEST:, /S TSwight E 4ro*. Clerk .Attu C-M I roan ' s sA at l is Approved as to form and Legal sufficiency: nn Assistant County Attorney CONSULTANT: 11... Greeley and Hansen LLC By: Rcae r HDuie_1 1 Title: ALCG; i c Dated: 10 - Z 7 - o 4 OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER TY, FLORID By: Do a Fiala, Chairman Item # & 6 C Agenda Date Date 3� Recd " Q a MEMORANDUM Date: December 8, 2004 To: Marisa Garcia Operations Analyst, Wastewater From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004 -362 Enclosed please find one (1) copy of the document as referenced above, (Agenda Item #16C7) approved by the Board of County Commissioners on Tuesday, November 30, 2004. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosures (1) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 7 (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines 91 through #4, complete the #5 checklist, and forward to Sue Filson hne ). Route to Addressee(s) List in routing order Office Initials Date 1. N C�-1 C (Initial) Applicable) 2. 4 Agenda Item Number �J 169 / 3. ` 4. �n ' ,,, Number Original Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners ►1► ` PRIMARY CONTACT INFORMATION ('[he primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff 1 A t `- rC IG�.. Phone Number Z Contact N C�-1 C (Initial) Applicable) Agenda Date Item was 4 Agenda Item Number �J 169 / b the BCC ` -Approved Type of Document �n ' ,,, Number Original Documents Attached Attached resolutions; etc. signed by the County Attorney's Office and signature pages from ►1► ` iW-_9r 'Fjir rTnNC Ar CHECKLIST I: FomW County Fors/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 aa.vnw.avvw - Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a riat"' (Initial) Applicable) 1. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, ,n resolutions; etc. signed by the County Attorney's Office and signature pages from ►1► ` contracts, agreements, etc. that have been fully executed by all parties except the BCC 2. Chairman and Clerk to the Board and possibly State Officials. All handwritten strike - through and revisions have been initialed by the County Attorney's ]� Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the �An document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 5. signature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: FomW County Fors/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 16C7 RESOLUTION NO. 2004- 362 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REGARDING MANAGEMENT OF BIOSOLIDS BY THE COUNTY'S WATER -SEWER DISTRICT BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. This Resolution establishes a Biosolids Management Policy whereby the Collier County Water -Sewer District (the "DISTRICT ") should follow the principles of conduct set forth in the National Biosolids Partnership's Code of Good Practice, which may include other biosolids commitments the DISTRICT voluntarily accepts, but only to the extent such acceptances do not require further approval from this Board. 2. The DISTRICT will promote and practice the beneficial use of biosolids and the reuse /recycling of resources. The DISTRICT will strive to maintain, improve and protect the environment through its treatment/production of biosolids; will attempt to ensure that the health, safety and welfare of the public are protected; and will strive to build and maintain public acceptance and trust through continuous education and involvement. 3. The DISTRICT is voluntarily committed to the management of biosolids in an environmentally sound, sustainable, publicly accepted, safe and cost - effective manner, which includes compliance with all applicable federal, state and local laws and regulations pertaining to biosolids production within the DISTRICT, including management, transportation, storage and use or disposal of biosolids. The DISTRICT is also voluntarily committed to the implementation of a biosolids Environmental Management System ( "EMS "), a management framework to reduce environmental impacts and advance organizational performance. Some incentives for implementing this EMS are enhance product and service quality, reduce risks of incidents (and quicker responses to them), mitigate environmental impacts, and advance level of dialog with stakeholders, and, most important, increase communication with stakeholders to hear and consider every viewpoint when key decisions are made. During the development of this EMS, the critical processes will be mapped and a systematic process will be developed to update, enhance and implement effective management practices whereby a framework will be created to link operations with regulatory compliance management activities have a coherent approach to document management goals, keep records, establish and act upon goals, measure and evaluate performance. 4. The DISTRICT will make reasonable efforts to progress toward reliable Class A biosolids to meet or exceed all federal, state, and local requirements as now specified in Part 503 of Title 40 Code of Federal Regulations (CFR); in Chapter 62 -640 of the Florida Administrative Code, and in Collier County Ordinance No. 87 -79, using National Environmental Laboratory Accreditation Program (NELAP) certified laboratory analyses and implementation of those processes /methods determined to be technically feasible and cost effective. 5. This Resolution does not authorize expenditure of any money. Each expenditure of money shall be subject to further budgetary approval. PASSED AND DULY adopted by the Board of County Commissioners and as Ex- officio the governing Board of the Collier County Water Sewer District, this,L)Y" day of N OV. mlo-e r 2004. ATTEST: DWIGHT E. BROCK, CLERK By•s� Attest ds�" "` qty Clerk sigaature Appr4 e�lh as , .l^Ca'lCitrnund FdPal sufficiency: Thomas C3 Assistant C BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DONNA K 16F3 "� MEMORANDUM Date: May 14, 2004 To: Barbara Brown EMS Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Certificate of Public Convenience & Public Necessity Emergency Services Permit #1 Enclosed please a copy of the document as referenced above, (Agenda Item # 16F3) which was approved by the Board of County Commissioners on Tuesday, November 30, 2004. An original Certificate has been forwarded to Darcy Waldron along with a copy of the permit. If you should have any questions, please contact me at 774- 8411. Thank you, Enclosure 16F3 "" MEMORANDUM Date: December 02, 2004 To: Darcy Waldron Emergency Services From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Certificate of Public Convenience & Necessity Emergency Services Permit #1 Enclosed please find one copy of the permit along with the original certificate of the document, as referenced above, Agenda Item #16F3, approved by the Board of County Commissioners on Tuesday, November 30, 2004. If you should have any questions, please contact me at 774 -8411. Thank you. Enclosures 1. .: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 F 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the -A C -A a.. Q. V;1 !lino IP" _ MuCKHSE, WIG 101 wcuu w "u- . ,. Route to Addressee(s) (List in routing order Office Initials Date 1. appropriate. Agenda Item Number Applicable) 2. NOV 30 2004 16.F.3 5. Sue Filson, Executive Manager Board of County Commissioners Number of Original PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Contact DARCY WALDRON Phone Number 774 -8000 Agenda Date Item was appropriate. Agenda Item Number Applicable) Approved by the BCC NOV 30 2004 16.F.3 Type of Document CERTIFICATE OF PUBLIC Number of Original Attached CONVENIENCE & NECESSITY Documents Attached 1 ORIGINAL OF EMERGENCY SERVICES PERMIT #1 EACH 1WQTR11f TI0N4 & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. ) DW 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board DW 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. DW 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. DW 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I DW I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 16F3 19 am COLLIER COUNTY FLORIDA EMERGENCY SERVICES PERMIT #1 This Permit Expires December 31, 2005 Name of Service: Collier County Emergency Medical Services Name of Owner or Manager: Collier County Board of County Commissioners Principal Address of Service: 3301 East Tamiami Trail Niles Florida 34112 Business Telephone: (239) 774 -8459 Emergency Telephone: 9 -1 -1 Description of Services Area: The 2,032 ware miles encompassing Collier County Number of Ambulances on 24 hour duty: 20 ground units (ambulances) Number of Ambulances on 12 hour duty: 1 ground unit. Number of reserve Ambulances: Number of non - transport ALS engines 11 Number of medivac helicopter: One 1 See attachment "A" for description of vehicles. This permit, as provided in Ordinance 81 -75 shall allow the above named Ambulance Service to operate Emergency Medical Services for a fee or charge for the following area(s): Collier County until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail to comply with any local, state or federal laws or regulation applicable to the provision of Emergency Medical Services. Issued and approved this 3C1 day of �UYer�n , 2004 ATTEST:-- ` ' , BOARD OF COUNTY COMMISSSIONERS Dwight 'L�:_$'rptk,,CLERI 4 COLLIER COUNTIA FLORIDA At st a5 tt.,Gt►di s U. Donna Fia , hairman sigawatare oaRl�►:;: ;.j Item # /b V 15 Approved as to form & legal ffici ncy: v+ a VI C/1 C/1 f:9 x a_ z O 0 n O z w ° ° a Ep _ cD • � ° (D w Cb co co n CD On. w w G f9 (D CD o CD Cn (D n b cr r z o CD � r �e a. CD fo a CD a .. CD cro a' o °, o CD CD o' a °-� N yCD O C w w w (�9 G' � 'O n ER w o 9� C c CD co N 0• ^ C 1 1 C� z �C v n r C n V] VI C/1 C/1 w ° ° a Ep _ cD • � ° (D w Cb co co n CD On. w w G f9 (D CD o CD Cn (D n b cr r z o CD � r �e a. CD fo a CD a .. CD cro a' o °, o CD CD o' a °-� N yCD O C w w w (�9 G' � 'O n ER w o 9� C c CD co N 0• ^ C 1 1 C� z �C v n r C n V] 16F3 am Memorandum l To: James V. Mudd County Manager From: Jeff Page, Chief Emergency Medical Services Department Date: October 20, 2004 Subject: Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department Per Collier County Ordinance Number 81 -75, please accept the following information for renewal of this required certificate: 1. Collier County Emergency Medical Services Department is operated by the County's Board of County Commissioners located at: 3301 East Tamiami Trail, Building F Naples, Florida, 34112 2. Collier County Emergency Medical Services Department provides service to the 2,032 square miles encompassing Collier County. 3. Collier County Emergency Medical Services Department has a total of fourty -one (41) State licensed vehicles. Twenty -nine (29) of these are licensed ground transport vehicles and one medivac helicopter. There are also eleven (11) licensed ALS Engines (non - transport). Of the above, Twenty (20) licensed ground transports, three licensed ALS Engines and the medivac helicopter operate 24 hours and day, seven days a week. One (1) additional ground transport licensed vehicle operates 12 hours a day, seven days a week (as needed) during the seasonal months. The remaining, eight (8) licensed ALS ground transport vehicles are held in reserve, while the eight (8) licensed ALS Engines are placed in service as staffing allows. (Attachment A) Emergency Services Division F-3 4. Collier County Emergency Medical Services Department has one main k eighteen (18) substations located throughout Collier County at the following locations: Headquarters Station #1 Station #2 Station #3 Station #4 Station #5 & 50 Station #6 & 7 Station #8 Station #9 & 19 Station #10 Station #11 Station #12 Station #14 Station # 15 Station #16 Station #17 Station #18 Station #20 Station #21 3301 East Tamiami Trail 835 8th Avenue South 2375 Tower Drive 776 Vanderbilt Beach Rd. 1280 San Marco Rd. 4741 Golden Gate Pkwy. 112 South 1St Street 2065 Pine Ridge Road 11121 East Tamiami Tr. 7010 Immokalee Rd. 201 Buckner Avenue 14756 Immokalee Rd. 7227 Isle of Capri Road 977 26th Avenue North 16325 Vanderbilt Drive 4741 Golden Gate Pkwy. 175 Isle of Capri Blvd. 3410 Pine Ridge Road 2795 Airport Road North Naples, Florida Naples, Florida Naples, Florida Naples, Florida Marco Island, Florida Naples, Florida Immokalee, Florida Naples, Florida Naples, Florida Naples, Florida Everglades City, Florida Naples, Florida Naples, Florida Naples, Florida Bonita Springs, Florida Naples, Florida Naples, Florida Naples, Florida Naples, Florida 5. Collier County Emergency Medical Services Department has been licensed and certified to provide Advanced Life Support ambulance service in Collier County since April 6, 1981. 6. Three (3) Collier County residents to act as references: Robert D. Laird 1756 Courtyard Way, 205 -C Naples, Florida 34112 Fay R. Biles 1588 Heights Court Marco Island, Florida 34145 Heather Rockcastle 342 Pinehurst Circle. Naples, Florida 34120 7. 8. 9. 10 0=111 Collier County Emergency Medical Services Department schedules of service fees (Attachment B). October 15, 2004 Memorandum from Dan Summers, Director of Bureau of Emergency Services to County Manager Mudd stating no further information required. Renewal fee of $250.00 by journal entry of an interfund transfer from Fund 490- 144610- 649010 to Fund 490 - 144610- 366900. 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A A P 1 = wo W a0nn g t i w i 0 i 0 T N A c A A A C p W OD 0 7a G 00 00 CO Kam? -h1'C (D C W Y� , m M Qd1 m O A N N N N N N N N N N (h U1 d U1 fT U1 CTt iJ, N 9f�11 U1 0 0 0 0 Cl 0 0 0 C9 0 b0ib0 ' d 80b6 88V 0S8 3S I 83S -lUD I Q3W ADN39d3W3 SS : bti b00z -8 ti -1S0 RESOLUTION NO. 2004 - 231 ATTACHMENT "B" RESOLUTION OF THE BOARD OF CO I Y � SERVICE LEVELS COMMISSIONERS OF COLLIER COUNTY, FLORIDA, F 3 APPROVE UP -DATED USER FEES FOR COLL R NON - EMERGENCY COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96 -36; ADOPTING STRETCHER TRANSPORT BILLING AND COLLECTION PROCEDURE; PROVIDING $250.00 CLARIFICATION ON ADJUSTMENTS AND WAIVERS; EMS - BLS NON- EMERGENCY PROVIDING CLARIFICATION ON WAIVER OF SPECIAL $500.00 EVENTS; AND PROVIDING A PROCEDURE FOR EMS - BLS EMERGENCY APPROVING HARDSHIP CASES AND PAYMENT PLANS; $500.00 SUPERSEDING RESOLUTION NO. 03 -244; AND EMS — ALS 1 NON - EMERGENCY PROVIDING FOR AND EFFECTIVE DATE. $500.00 WHEREAS, Collier County Emergency Medical Services (hereinafter sometimes referred to as "EMS ") provides ambulance services to the residents and visitors of Collier County; and WHEREAS, the Collier County EMS operating budget is funded exclusively through ad valorem taxes and user fees; and WHEREAS, Collier County staff analysis of the cost for ambulance services requires an adjustment to the user fees to properly identify current costs of services to the residents and visitors of Collier County; and WHEREAS, Collier County Ordinance No. 96 -36 provides that the user fees for ambulance services may be established by Resolution of the Board of County Commissioners (hereinafter sometimes referred to as "the Board "). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: EMS USER FEES BASE RATES: s SERVICE LEVELS CODES BASE CHARGE A. NON - EMERGENCY STRETCHER TRANSPORT N/A $250.00 B. EMS - BLS NON- EMERGENCY A0428 $500.00 C. EMS - BLS EMERGENCY A0429 $500.00 D. EMS — ALS 1 NON - EMERGENCY A0426 $500.00 E. EMS - ALS 1 EMERGENCY A0427 $550.00 F. EMS — ALS 2 EMERGENCY A0433 $625.00 G. EMS — SPECIALTY CARE A0434 $650.00 H. EMS — HELICOPTER (LOGISTICAL) 1 A0431 $2,700.00 s I. EMS - HELICOPTER (TRAUMA) A0431 $4,500.00 J. EMS - BLS GROUND BASE RATE A0428 $50.06 F 3 (Beneficiary Death in Accordance with CMS Guidelines) K. EMS — BLS AIR BASE RATE A0431 $2,700 (Beneficiary Death in Accordance with CMS Guidelines) MILEAGE RATES: SERVICE LEVELS CODES MILEAGE CHARGE A. EMS — IN COUNTY GROUND UNIT A0425 $10.00 (Minimum charge of 1 mile and no cap) B. EMS - OUT OF COUNTY GROUND UNIT A0425 $10.00 (Minimum charge of 1 mile and no cap) C. EMS - IN COUNTY AIR UNIT A0436 $75.00 (Minimum charge of 1 mile and no cap) D. EMS - OUT OF COUNTY AIR UNIT A0436 $75.00 (Minimum charge of 1 mile with no cap) SPECIAL EVENTS AND MISCELANEOUS RATES: SERVICE LEVELS RATES A. TWO (2) MEDICS /ONE ALS VEHICLE (PER HOUR) $150.00 B. ONE (1) MEDIC /NO VEHICLE (PER HOUR) $50.00 COPIES: COPIES OF DOCUMENTS /PER PAGE $1.00 (Excluding Governmental Agencies) PAST DUE ACCOUNTS: INTEREST ON PAST DUE ACCOUNTS: 1% monthly SECTION TWO: BILLING AND COLLECTION PROCEDURE The following shall be the minimum guidelines for billing and collection procedures for ambulance service fees and charges: A. Initial fees and charges for ambulance service(s) shall be assessed either prior to or following the provision of service, as service dynamics reasonably permit. Unpaid fees and charges, subsequent to time of service, shall be reflected in an accounts receivable subsidiary ledger system to be maintained by the EMS Department. B. An initial bill for ambulance services shall be processed in the following manner within thirty (30) days after service is provided. 2 sun 1. The County will send an initial bill to the service recipient's or responsible party's insurance carrier provided that a PP ro ria � i �� e ... information is made available to the EMS Billing Section. The EMS Billing Section will accept Medicare assignment, as a participating provider, and will wait no less than 45 days for payment if Medicare or other insurance carrier's are billed. If the claim is denied, a bill will be sent to the service recipient or responsible party. 2. The County will also send a bill to Medicaid and accept assignment if appropriate insurance information is made available to the EMS Billing Section by the service recipient or responsible party. The EMS Billing Section will wait no less than 60 days for payment if Medicaid is billed. If the claim is denied because of no coverage at time of service, a bill will be sent to the service recipient or responsible party. If Medicaid denies because they felt it was not medically necessary to be transported by ambulance, then the account will be adjusted per the rules and regulations of Medicaid. 3. In the event the service recipient or responsible party does not have or does not provide proof of insurance coverage, the bill for ambulance service(s) shall be sent directly to the service recipient or responsible party for payment. The EMS Billing Section will wait no less than 30 days for payment. C. The following will occur if payment has not been received within above set guidelines: 1. A past due notice will be sent in accordance with the above provisions, (45 days after billing third party or Medicare, 60 days after billing Medicaid and 30 days after billing responsible party or service recipient). 2. Thirty (30) days after the first past due notice is sent, a second past due notice will be sent. 3. After a ten (10) day grace period following the second past due notice, the account will be sent to the County's contracted collection agency. D. Interest will be assessed at 1 % per month, on all accounts that are sent to the County's contracted collection agency, (excluding hardships as defined by County policy) 3 E. A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the service ci n r 3 responsible party at any time fail to meet the terms and conditions of the payment plan, the unpaid balance shall be administered in accordance with Section C.3 above. F. When ambulance service bill(s), at any stage in this billing and collection procedure, are returned because the Postal Service cannot effectuate delivery, the EMS Billing Section shall make a reasonable effort to ascertain the correct mailing address. If reasonable efforts to ascertain a correct address fail, the account(s) may be considered for other collection alternatives. G. Nothing contained in this section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes, in accordance with all applicable laws. H. Throughout the fiscal year, the EMS Billing Section shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncollectible. I. The Board may, after reviewing these past due accounts and after finding that diligent efforts at collection have proven unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. SECTION THREE: HOSPITAL OUT OF COUNTY TRANSPORTS Should a local hospital have a need for a patient to be transported to an out of County facility, the County shall, subject to equipment, manpower, availability and its sole discretion, utilize its resources to provide patient transport. The County shall invoice the hospital for all out of County transports that remain uncompensated after a period of ninety (90) days. SECTION FOUR: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for adjustments to ambulance service fees. The Board of County Commissioners, in accordance with criteria established by the enabling Ordinance, may authorize other adjustments. 4 A. Medicare and Medicaid Adjustments. Contractual adjustments under : Medicare and/or Medicaid assignment will be made in accIda(D Fth3 applicable Medicare and /or Medicaid rules and regulations. B. victim's Compensation Contractual Adjustments. Contractual adjustments will be made in accordance with applicable state, federal and local rules and regulations. C. Worker's Compensation Contractual Adjustments. Contractual adjustments will be made in accordance with applicable state, federal and local rules and regulations. D. County Employee Adiustments. Board of County Commissioners and Constitutional Officers' employees that have Primary coverage under Collier County's insurance policy will be responsible for any deductibles, co- payments or unpaid balances. An employee may dispute his /her ambulance charge in accordance with procedures set forth in Ordinance No. 96 -36. E. Champus/Tricare Adjustments. Contractual adjustments will be made in accordance with applicable Champus/Tricare rules and regulations. F. Railroad Retirement Adjustments. Contractual adjustments will be made in accordance with applicable state, federal and local rules and regulations pertaining to Railroad Retirement Adjustments. G. Social Services Adjustments. Contractual adjustments will be made in accordance with rules established by the County Manager and memorialized by a memorandum of understanding executed by the Social Services Director and the EMS Director. SECTION FIVE: WAIVER OF EMS USER FEE FOR SPECIAL EVENTS Pursuant to Ordinance No. 96 -36, and from the effective date of this Resolution, user fees for EMS ambulance stand -by services may be waived if the Board finds that a valid public purpose has been established in recognition of their charitable contributions to the Community 5 SECTION SIX: HARDSHIP CASES AND PAYMENT PLANS The Board recognizes that certain service recipients may n4 &F3 identified and processed as hardship cases. Payment plans will be established pursuant to the minimum guidelines set forth in this Resolution. A. Hardship cases will be established in accordance with the Federal Poverty guidelines, as used by the Social Services Department of Collier County. B. Payment plans for hardship cases will be set up on a monthly basis, with a minimum payment of $10.00 per month. Hardship cases, placed on a payment plan will not accrue interest or be placed into collection. Notwithstanding the foregoing, if a service recipient has a payment plan and does not make the agreed scheduled payments for a period longer than two (2) months, the account will be turned over to the County's contracted collection agency and interest will begin to accrue. SECTION SEVEN: SUPERCISION OF RESOLUTION 03 -244 This Resolution shall supersede Resolution No. 03 -244 SECTION EIGHT: EFFECTIVE DATE This Resolution shall become effective on July 27, 2004. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this I day of 2004. ATTEST: DWIGHT.E, BROCK, Clerk Y. 0.6 . C. 4,04" :�I�E Approved as to form and legal sufficiency: Thom s C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: R DONNA FIALA, Chairman 16F3 am MEMORANDUM ATTACHMENT "C" TO: James V. Mudd, County Manager FROM: Dan Summers, Director Bureau of Emergency Management DATE: October 15, 2004 REF: Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department After review of the application to renew this certificate for Collier County Emergency Medical Services Department, no further information is required at this time. 16F4 " MEMORANDUM Date: December 8, 2004 To: Darcy Waldron Emergency Management From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Disaster Relief Funding Agreement Enclosed please find four (4) originals of the document referenced above (Agenda Item #16F4), as approved by the Board of County Commissioners on Tuesday, November 30, 2004. Please forward to the appropriate parties and return a fully executed original to the Minutes and Records Department. Thank you. Enclosure (4) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI#Pf TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO JL QF THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ' ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through 94, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) List in routing order Office Initials Date 1. ORIGINAL SIGNATURE REQUIRED Agenda Item Number Applicable) 2. 11 -30-04 16.F.4 3. Sue Filson, Executive Manager Board of County Commissioners Number of Original 4 ORIGINAL PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact DARCY WALDRON Phone Number 774 -8000 Agenda Date Item was at3provriate. Agenda Item Number Applicable) Approved by the BCC 11 -30-04 16.F.4 Type of Document DISASTER RELIEF FUNDING Number of Original 4 ORIGINAL Attached AGREEMENTS — CHARLEY & FRANCES Documents Attached COPIES — 2 resolutions, etc. signed by the County Attorney's Office and signature pages from FOR EACH contracts, agreements, etc. that have been fully executed by all parties except the BCC AGREEMENT INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not at3provriate. Initial Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. ) DW 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board DW 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. DW 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 6W 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! DW I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 16F4:`- STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 05- PA- G % -09 -21 -01 -044 CSFA No. 52600308; CFDA No. 97.036 Subgrantee: Collier County FIPS No. 021 - 99021 -00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee ") and, the undersigned State Agency or political subdivision of the State (hereinafter referred to as the "Subgrantee "). This Agreement is based on the existence of the following facts and conditions: A. WHEREAS, Hurricane Frances beginning September 1, 2004, and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 04 -192. In consequence of the Event, the President of the United States on September 16, 2004, declared Major Disaster No. FEMA- DR- 1545 -FL in all counties in the State of Florida Asa result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, B. WHEREAS, a FEMA -State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and, C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance from the Federal Emergency Management Agency consequent to a presidential declaration of disaster. NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions, do further agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. 'Eligible activities" are those activities authorized in the FEMA -State Agreement, and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended, 42 U.S.C. § 5121 -5201; 44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency. 16F4 B. "FEMA -State Agreement" is the-agreement dated September 4, 2004, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA- 1545- DR -FL. ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA -State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the foregoing, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. ARTICLE III. Funding and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 C.F.R. Parts 13 and 206, which shall be ninety (90) percent of all eligible costs. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy- five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any nonfederal share for local government and private non - profit Subgrantees. As a condition of receipt of the federal funding; the Subgrantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee, to the extent of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer- Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee. ARTICLE V. Compliance with Environmental Planning and Permitting Laws. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure 2 16F4 that the project complies with the contract documents. ARTICLE VI. Required Documentation, Reviews and Inspections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $54,100). 1. A Request for Advance or Reimbursement conforming to the attached sample. 2. A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for final inspection; 4. A signed Project Completion and Certification Report upon the completion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII. Cost Sharing. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be ninety (90) percent of such costs, unless a higher percentage is approved, of such costs and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206 and do not require matching funds may also be funded by FEMA. ARTICLE VIII. Pavment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: 1. A Request for Advance or Request for Reimbursement Form conforming to the sample attached to this Agreement as Attachments A or Attachments C; 2. A Schedule of Projected Expenditures or Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B or Attachment D which shall be supported by original documents 1AF4 such as contract documents, invoices, purchase orders, change orders and the like; and, 3. A letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions: 1. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its pre- disaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee. E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its predisaster condition is not in the best interest of the public, Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before the commencement of any work. F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a final inspection; and, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation of law: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 C.F.R. Part 13, as amended; 11 F 4 B. Office of Management and Budget Circular No. A -87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A -110, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A -122, "Cost Principles for Non - Profit Organizations," as amended. E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: in the same; or, 1. The completion of final inspection and final audit, and the final resolution of any issues identified 2. The expiration of three (3) years from the date of final disbursement under this Agreement. F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds If upon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500,000.00. A. Subgrantee will conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of § 11.42, Fla. Stat., and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub. L. 98 -502, as amended, 31 U.S.C. §§ 7501 -7507, to the extent here applicable; and, 5. Office of Management and Budget Circular No. A -133, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an organization -wide audit. C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Subgrantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout. ARTICLE XHI. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. ARTICLE XIV. Nondiscrimination by Contractors Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F.R. Parts 7 and 16, and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of permanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused by lack of cost -share funding. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract. ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination. ARTICLE XIX. Liability. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by § 768.28(5), Fla. Stat., the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee from claims asserted by to third parties in connection with the performance of this Agreement, 2 16F4 holding Grantee and Subgrantee harmless from the same. Also: A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the other, but that each one stands as an independent contractor in relation to the other. B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from -the performance of this Agreement. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with § 252.37(4), Fla. Stat. B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre -audit and post- audit. C. Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in § 11 9.07(l), Fla. Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies that it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without 7 16F4 1 delay. ARTICLE XXIII. Events of Default, Remedies, and Termination A. Upon the occurrence of any one or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following: 1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate, incomplete, or inadequate information; or, 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the occurrence of any one or more of the foregoing events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Subgrantee to cure, Grantee may exercise any one or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this agreement or any other agreement with Subgrantee; and, 4. Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. ARTICLE XXIV. Attachments. 16F4 A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out full in the text of the Agreement itself. B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments shall be controlling, but only to the extent of such inconsistencies. C. This Agreement has the following attachments: 1. Attachment A "Request for Advance" 2. Attachment B "Summary of Projected Expenditures" 3. Attachment C "Request for Reimbursement" 4. Attachment D "Summary of documentation of Expenses Claimed" 5. Attachment C "Quarterly Report Form" 6. Attachment F " Subgrantee Annual Budget Projection Form" Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or posted to the DEM website: www.floridapa.org. ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefascimile, by hand, or by certified letter to the following respective addresses. FOR THE GRANTEE: W. Craig Fugate, Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399 -2100 FOR THE SUBGRANTEE: Michael Smykowski, Director Collier County Office of Management and Budget 3301 East Tamiami Trail, F -2 Naples, Florida 343112 ARTICLE XXVI. Desienation of Agent. Subgrantee hereby designates Michael Smykowski as its primary agent, and designates Robin Johnson as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida, By: W. Craig Fugate, Director Division of Emergency Management Date: Public Assistance Program Program Approve F and Legal Sufficiency Assistant County o ey FOR THE SUBGRANTEE: BOARD OF COUNTY COMMISSIONERS Collier County Florida, l y: Donna tiala, Chairman Date: //-Jo _0 7 59- 6000558 Federal Employer Identification Number (FEIN) ATTEST: Dwight E. Brock,. Clerk By. d, d��--- Deputy.Clerk lutist; as to ' h 71'r 9 signatwr a ply., FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT A Request for Advance for Public Assistance Funds SUBGRANTEE NAME: .ADDRESS: DCA AGREEMENT NO: DISASTER NO: FIPS NO: 16F4' PW PW # CATEGORY % COMPLETE ELIGIBLE PREVIOUS AMOUNT PAYMENTS CURRENT REQUEST COMMENTS: TOTAL CURRENT REQUEST I certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUBGRANTEE SIGNATURE: NAME AND TITLE: 10 DATE: 16Fh,- FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT B SCHEDULE OF PROJECTED EXPENDITURES FOR ELIGIBLE DISASTER WORK (SOPE) Date: Subgrantee: Disaster #: FIPS #: _ Project Worksheet (PW) #(s): 11 Applicant's Reference # (Warrant, Voucher, Claim or Schedule #) Delivery Date of articles or performance of services. DOCUMENTATION List Documentation (Applicant payroll, material out of applicant stock, applicant-owned equipment and name of vendor or contractor) by category and line item in the approved project application and give a brief description of the articles or services. Applicant Eligible Costs ($$$) Pa a Subtotal Current Expenditure Request All Pages) Total PW Amounts for all Approved Versions Over or Under Run Final SOD Onl 11 SUBGRANTEE NAME: _ ADDRESS: DCA AGREEMENT ENT DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT C Request for Reimbursement for Public Assistance Funds DISASTER NO: FIPS NO: 16F4 PW # CATEGORY %COMPLETE PW ELIGIBLE AMOUNT PREVIOUS PAYMENTS CURRENT' REQUEST COMMENTS: TOTAL CURRENT REQUEST I certify that to the best of my knowledge and belief the above accounts are correct and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUBGRANTEE SIGNATURE: NAME AND TITLE: 12 DATE: am FLORIDA DIVISION OF EMERGENCY MANAGEMENT ATTACHMENT D SUMMARY OF DOCUMENTATION OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK (SOD) Date: Subgrantee: Disaster #: FIPS #: Project Worksheet (PW) #(s): Applicant's Reference # (Warrant, Voucher, Claim or Schedule #) Delivery Date of articles or performance of services. DOCUMENTATION List Documentation (Applicant payroll, material out of applicant stock, applicant -owned equipment and name of vendor or contractor) by category and line item in the approved project application and give a brief description of the articles or services. Applicant Eligible Costs ($$$) Page Subtotal Current Ex enditure Request All Pages) Total PW Amounts for all Approved Versions Over or Under Run Final SOD Only) 13 I w d 109 z w za 0v�z Oz r 04 EWae w Q O H Wzz A � O A w a w A w w 0 z W r CIS C7 � c A U U A v OI ti I R b 0 a N � v� }y N � x a .a 5 0 x a w w 4° b 0 a 'o 4 to � 7 y O y b a a E a. U~ � O 3 y y U ,N a m a U CCO, av 0 Cd co �A d U O c� O h .d _p it � � y ~ 4" 0 3z> .a 5 0 x a w w 4° b 0 a 'o 4 to � 7 y O y b a a E a. U~ � O 3 y y U ,N a m a a w a Q i Q W w z m cn W 0 zz rol �wo � W F U �zo vOUwz p W A Wwa� z WzW qOW A >z Oq� w � 03 r. A U w c� N U g 3 a o c cts c � k C A ° o a b Cd cts -0 y � C Li. Gn v" C w U � w O � b a� U ti caw w b y to o cC o E .c w 0 Q, y "d O O y y N 0 o,4 a� � QR a ti U ^ U 4r Q U 0 ti N U i ^y U LL o p: U � O U 0 U a� •o�.n.o o z> N U g 3 a o c cts c � k C A ° o a b Cd cts -0 y � C Li. Gn v" C w U � w O � b a� U ti caw w b y to o cC o E .c w 0 Q, y "d O O y y N 0 o,4 a� � BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 30, 2004 FOR BOARD ACTION: i (0= 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements from October 9 2004 through. October 15. 2004. 2. Disbursements from October 16 2004 through October 22 2004, 3. Disbursements from October 23 2004 throu h October 29 2004. 4. Disbursements from October 30 2004 throu h November 5 2004, B. Districts: 1. Collier County Mosquito Control District - Regular 2004 -2005 Meeting Schedule; Final Annual Certified Budget; and Two maps depicting the District Boundaries. 2. Pelican Marsh Community Development District - Minutes of the August 18, 2004 Meeting. C. Minutes: 1. Development Services Advisory Committee - Minutes for October 6, 2004. a) Budget & Operations Sub - Committee Meeting Minutes for October 13, 2004 2. Collier County Planning Commission - Agenda for October 21, 2004 and November 4, 2004; Minutes of September-1 6, 2004, Minutes for September 22, 2004; Minutes of October 4, 2004 and October 7, 2004. 3. Historical & Archaeological Preservation Board - Agenda for October 20, 2004; Minutes of September 22, 2004. 4. Environmental Advisory Council - Agenda for November 3, 2004; and Minutes of September 30, 2004. H:Data/Format MIN 5. Collier County Emergency Medical Services Advisory Board - Minutes of September 29, 2004. 6. Productivity Committee Meeting — Minutes for September 15, 2004. 7. Collier County Citizen's Corps Advisory Committee — Agenda and Minutes of July 21, 2004. 8. Collier County Hispanic Affairs Advisor Board — Minutes of April 22, 2004; May 27, 2004; Unofficial Agenda for June 24, 2004, no quorum; and Agenda and Minutes for August 26, 2004. 9. Parks and Recreation Advisory Board - Agenda for October 20, 2004; Minutes of September 15, 2004. 10. Collier County Contractor's Licensing Board — Agenda for October 20, 2004. 11. Forest Lakes Roadway and Drainage M S.T.U. — Agenda for November 10, 2004; Minutes of October 13, 2004. 12. Immokalee Beautification M.S.T.U. Advisory Board — Unofficial Minutes of October 20, 2004 due to lack of quorum. 13. Conservation Collier Land Acquisition Advisory Board — Agenda for November 8, 2004; Minutes of October 11, 2004. 14. Isles of Capri Fire and Rescue Advisory Board — Agenda and Minutes of December 8, 2003; January 5, 2004; January 29, 2004; Merger Meeting minutes for November 21, 2003, December 1, 2003 and December 22, 2003. Regular Minutes for March 4, 2004; March 23, 2004; April 1, 2004; and July 1, 2004. 15. 16. 17. 18. 19. H:Data/Format Coastal Advisory Committee Minutes — Minutes of September 8, 2004. Collier County Airport Authority — Minutes of September 27, 2004; Minutes of September 22, 2004; October 8, 2004; and October 18, 2004. Collier County Library Advisory Board — Agenda for October 27, 2004. Vanderbilt Beach M.S T U Advisory Committee — Agenda for November 4, 2004; Minutes of October 21, 2004. Collier County Pelican Bay Services - Agenda for November 3, 2004; Minutes of October 6, 2004. a) Clam Bav Sub - Committee Meeting — Minutes of October 6, 2004. b) Budget Sub - Committee Meeting — October 20, 2004 161- D. Other: 1) Guy L. Carlton Collier County Tax Collector — October 25, 2004 Form for the Constitutional Officers. Financial Report Form DBF -AA -405; Combined Statement and Position Form DBF -AA -402; and Fund Group Form DBF -AA- 403. 2) Guy L. Carlton Collier County Tax Collector — Budget Amendment /Transfer for Budget Year ending Sept. 30, 2005. 3) Guy L. Carlton Collier County Tax Collector — Revised Form October 27, 2004 for the Constitutional Officers. Revised due to errors. 4) Guy L. Carlton, Collier County Tax Collector — Budget Amendment /Transfer for budget year ending September 30, 2004. 5) Clerk of the Circuit Court — FY 2003 -2004 General Fund Update. 6) Caribbean Gardens Blue Ribbon Committee — Minutes for July 1, 2004; July 8, 2004; Minutes of July 16, 2004; Minutes for August 17, 2004, and Minutes of September 10, 2004; and Minutes for October 11, 2004. 7) Dwight Brock Clerk of the Circuit Court — Letter to Ray Engstrand dated October 14, 2002 re: Account Number 0503578 10 1. H:Data/Format Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 10/15/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements RECEIVEV' H NOV 12 2004 board of County Commissioners Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 9, 2004 through October 15, 2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. W 1b: m° z u° M U 0 d' o o - \ N ji:1P a a a a w u w w U) a H z W :w W W a o w w co E m a Cl) z m Cl. w w w a s a w u w w❑ k o w a w rx a H w a a a a a a a a a x a a a a ❑ a a a a a H m w H o u�m zaz a� a a d3 Iq u a u H a W z> a w a z a a w X m X n o. w F_ v] a z W a :a O O z ❑: H ¢: H. 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N �"1 d' lfl �0 r w o1 O r-i N t+1 V' ill �o r m Ql o H d� m .X C ro ; YGii m m m- m. of 0 m -m 0 0 0 0 0 :0'. %4 >:Gl: Ln in- m m Ln N Ln lfi w l0 w w w w l0 w w w w IO w X G u G Q a co w m m m m m m m m m m m m m m m m m m m m m m ro ro ro u N .� w lD w w w�o w 10 ID IO w a If-91 -- I I ri U �nC�J •• a w ] M 0 o •• H �s g N v a� m b� U4 x U U m N 41 41 A N w O N L 0 H �-IA I hi2 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 10/22/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 16, 2004 through October 22, 2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. N'VsC. Cores: Date: �OL 4 s t item# ) OW ,1 a Copies To: .. : a a u �7 �7 Q x a o m a m a H z w a w a F. z z ul a UU HH .-1w a£ £ £ H aa ro H u F m Z a w W m W7 >£ + O D >+ m F a W F �. T z :: j U -i C tali � ii 2 •'L H W £ > N Sa £ fA ?+ Izi W 2 z: U� a z O Vl 11 fk �-+ O O R ri a c11 !x r-i C N E C7 .0 �+ �6 :F 7y z W O£ 4 o W w. H O U O W. U E W a w W W W O rR Ol. U) F£ F a a u a u£ F a z a a z w £ z m W w m m m w w R H a a Z :x w z 4 w a o z u m o z H W N a ? w w q O a Q W W ! W Q F FC F Q r C x N 1 i U a O W U 7 U D H U m 2 U m O (:4 £ F E z 7.. N F4' v+ ?+ a O£ O z [ N p, O W m O U O C7 m. r� x w w W�.L� w a s W w m W £ D N m w Q ro P m X U o W m z w w a F £ F m Is. a Q. 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O O'. N O O. m m m LA l0 . m l0 O N M O .O 10 01 . 1D m .. r-1 N O . . . . . If1 P O r N Q O H 10 M. m o N m P- w M r m M P O - „:+,j (17 U) (n Ul U] cn m U1 [n ln. U7 fn U]Cn Cn CA cn Cn cn U7 cn � fn cn W W U] W W W � W (n Cn cn CQ W Ul !n U] In w Ul 0 P ..0 P 0 P 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0. -P P O C' V�.. 0 0 0 o p o 0 0 0 0 0 0 _o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o n o 0 0 0 o Q 0 O. 0 0- 0 o n O O O 0 0 0 0 a 0 0 0 0 0 0 O O O O 0 0 O-0 O O 0 0 O O O O 0 0 0 O O O- .ro:: N N N. N N N N N. N. N N. N. N N N N N N N N N N. N N 0 0 0 0 0 O 0 0 O' 0 O 0 o `O O b 0 0 0 d. O 0. O O O O O 0 O -O O O O O O O O O O O o 0 O 6- ;:;y;1:: O O O o O O O o 0 0 0 0 p 0 Q 0 o O :p 0 0 0 O O C) o O: 0 0 0 0 0 O 0 .0 O O o 0 0 0 0 O. +::�:: r-I ' rl r-1 '.'r -I ri �-1 r/ f-i r-V rl fi rl. .-1 rl. ri r-1 r1. rl rl rl rl ri. rl .i rl rf rl �-i. rl r1 rl rl rl ri. r-I rl rl ri rl rl ri r-f .i rl m O H N M 10 w.r rrt, rr rr r:h. m -m mm m -m mm m -m rnmmo; rnm rn rno; o oo0 0 0.0 0 0p �� P d� P d”. 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O O'. N O O. m m m LA l0 . m l0 O N M O .O 10 01 . 1D m .. r-1 N O . . . . . If1 P O r N Q O H 10 M. m o N m P- w M r m M P O - „:+,j (17 U) (n Ul U] cn m U1 [n ln. U7 fn U]Cn Cn CA cn Cn cn U7 cn � fn cn W W U] W W W � W (n Cn cn CQ W Ul !n U] In w Ul 0 P ..0 P 0 P 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0. -P P O C' V�.. 0 0 0 o p o 0 0 0 0 0 0 _o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o n o 0 0 0 o Q 0 O. 0 0- 0 o n O O O 0 0 0 0 a 0 0 0 0 0 0 O O O O 0 0 O-0 O O 0 0 O O O O 0 0 0 O O O- .ro:: N N N. N N N N N. N. N N. N. N N N N N N N N N N. N N 0 0 0 0 0 O 0 0 O' 0 O 0 o `O O b 0 0 0 d. O 0. O O O O O 0 O -O O O O O O O O O O O o 0 O 6- ;:;y;1:: O O O o O O O o 0 0 0 0 p 0 Q 0 o O :p 0 0 0 O O C) o O: 0 0 0 0 0 O 0 .0 O O o 0 0 0 0 O. +::�:: r-I ' rl r-1 '.'r -I ri �-1 r/ f-i r-V rl fi rl. .-1 rl. ri r-1 r1. rl rl rl rl ri. rl .i rl rf rl �-i. rl r1 rl rl rl ri. r-I rl rl ri rl rl ri r-f .i rl m O H N M 10 w.r rrt, rr rr r:h. m -m mm m -m mm m -m rnmmo; rnm rn rno; o oo0 0 0.0 0 0p �� P d� P d”. 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Ul F' X X � N '�1 d' a' X11 1f/ lfl lfl lfl iti L(1 to 0 N In Ln .d (1) 0 r r U lO � lO lO w a �° .�° �. � � m bR. f�A rA [On o 10 o w z U O U L� a 0 O .. v rn v rn v x U U w N N a� C N w O a� O H I I " I 16I Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 10/29/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 23, 2004 through October 29, 2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. 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N N 11 + \ \ \ \ \ \ \ \ \ \\ \ \ m m2li \ \\ \ \ \ \ \ \ \ \ \ al ill O O OQ O :O O O. 0 0 0 0 O 0 . m :: : :Pk:' 1-4 H H .-i' ri li ri. ri ri H .-i. rl rl. yay.]� .i rM-1 U] m M d1 111 1D O m t0 ri m m m O. w f-1 r W In lD �o r 0 0 In m m r m L m o o H ,y .i m M :m w 1n C m o o o 0 0 0 0 0 0 0 0 o a] o o 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L4 a O .N NN NNN N NN NN '1 M a NU aQ o U w r a Z D \ v w o C Q m N m 4 >Ns O N Sa ,C N U1 x C .L1 ro ds5di N O i-7 N 1'1 d^ l0 r m M O -4 r m m m 'm m m m m m m m o N x x 11 v L; n n u l 1 u C C U C)+ :m m m m:m mm m m m m m m ro ro ro u w co Q N m I 1D m to }D 1D b. CD 1D. Q to a x 16-1 JA3 16T- I A5 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 11/05/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements 161- fAq Please find attached a listing of the disbursements for the Board of County Commissioners for the period October 30, 2004 through November 5, 2004. In accordance with Florida Statutes, Chapter 136.06(1) 1 request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. f4i'sc. Corres: Date: AI)o Item# locr� A�14 Copes To: O CQ z o u sty:: 161 IV \ O N a w a w Q Q w a In i a Q a o z w a a W w w w m n w N w a Q x x �a (n a a a u 0) v w Q m t7 z vl m Q w w- m q£ z h b A a cn O -. 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ID 10..x. w 10. 10 10 w W �y C c u a m m m m m m m m m m m m m m m ro w w ¢ cn x 161 IU 16i lAq ColliA Mosquito Control District 600 North Road Naples, FL 34104 -3464 Administration: 239- 436 -1000 239 - 436 -1005 (fax) Hangar: 239 - 436 -1008 239 - 436 -1007 (fax) Spray Schedule: 239 -436 -1010 Immokalec Substafion 195 Ahpark Blvd Immokeleq FL 34142 -3896 239 - 867 -3200 Board of Carnmsionera: John N. Winters, Chairmars John F. Johnson, Secretary Jeanne E Brooker, Treasurer Robert A Boyer Robert D. Gerdy Ereekv vie Diredor. Frank W. Van lsxw4 PhD. October 20, 2004 Mr. Dwight E. Brock Clerk of the Circuit Court Finance Department P.O. Box 413044 Naples, Florida 34101 -3044 Dear Mr. Brock: RECEIVED NOV 1 7 2004 Board of County Commissioners Enclosed for your files you will find the following: • Regular Meeting Schedule - 2004 -2005, • Final Annual Certified Budget, and • Two maps depicting the District boundaries. Sac elch, Director, Administration Enclosures: 4 www. collier- mosquito.org 6u)! rg 1 l- Collier Mosquito Control Astrid 600 Norris Road Naples, FL 34104 -3464 Administration: 239- 436 -1000 239 -436 -1005 (fax) Hangar: 239 - 436 -1008 239- 436 -1007 (fax) Spray Schedule: 239 -436 -1010 Immokalee Substation 195 Airpark Blvd lmmokalee� FL 34142 -3896 239 - 867 -3200 Board of commissioners: John N. Winters, Chairman John F. Johnson, Secretary Jeanne E. Brooker, Treasurer Robert A. Boyer Robert D. Geroy Executive Director: Frank W. Van Essen, Ph.D. MEETING SCHEDULE COLLIER MOSQUITO CONTROL DISTRICT BOARD OF COMMISSIONERS FISCAL YEAR 2004 -2005 Meetings will be held at District Headquarters, 600 North Rd, Naples, FL DAY OF WEEK DATE TIME Tuesday October 19 10:00 a.m. Monday November 22 10:00 a.m. Thursday December 16 10:00 a.m. Thursday January 20 10:00 a.m. Thursday February 17 10:00 a.m. Thursday March 10 10:00 a.m. Thursday April 14 10:00 a.m. Thursday May 26 10:00 a.m. Thursday June 23 10:00 a.m. Tuesday June 28 (Budget Wkshp) 10:00 a.m. Thursday July 14 10:00 a.m. Thursday August 18 10:00 a.m. Tuesday September 20* 3:00 p.m. 5:01 p.m. (2 °d hearing) *Tentative John N. Winters, Chairman 9/8/04 1617 18-1- Florida Department of Agriculture & Consumer Services Bureau of Entomology and Pest Control Division of Agricultural Environmental Services 1203 Governors Square Boulevard, GS-46 Suite 300 ANNUAL CERTIFIED BUDGET FOR ARTHROPOD CONTROL Tallahassee, FL 32301 Chapter 388.341, F.S. Telephone: (8F� (a om 292 -7011 50) 413-7044 COUNTY OR DISTRICT ^coutTO CONTROL DISTRICT FISCAL YEAR OCTOBER 1, 2004 TO SEPTEMBER 30, 2005 Rovliltgsl , hIl 9ro4 I certify that the buds a=onthis dar o f September, 2004 October 19 2004 SIGNED: Chairman of the Board, CMCD AUTHORITY: BUREAU OF ENTOMOLOGY AND PEST CONTROL Ch, 388.341 F.S. DATES 2004 CERTIFIED BUDGET DACS FORM 13817 4103 STATE OF FLORIDA COUNTY OF COLLIER 16-T- 11 t�L Before me appeared John N. Winters, personally known by me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. Witness my hand and official seal, this 19th day of October, A.D., 2004. �1µrI4 STACY JOY WELCH MY COMMISSION # DD 164715 orS>a EXPIRES: November 13, 2006 "00-3-NOTARY FL Notary S".6 BorK ,. Inc. Stacy Joy Welch Printed Name of Notary Public Commission #: DD 164715 Expiration Date: 11113/2006 OF MU 11% iM.t L ri POO tj-M Oro 1963 1971 1972 Imam 1902 am low 20M 20M 2W4 E-xdiiAW Ai-eas MU 11% iM.t L ri in , Vv, ;H 4: vx y r,� t � 4 f 1 X+„ 1 1 7E l ' WOt S.Iak MFi n " t I 3; AII .1 ;w- ;h� STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS " Dedicated to making Florida a better place to call home" JEB BUSH THADDEUS L. COHEN, AIA Governor Secretary August 24, 2004 Mr. Jonathan Johnson Hopping, Green & Sams, P.A. 123 South Calhoun Street Tallahassee, Florida 32301 Re: Big Cypress Stewardship District Established by Chapter 2004 -423, Laws of Florida Dear Mr. Johnson: Mr. James P. Ward recently registered the above referenced special district with the Special District Information Program and identified you as the district's registered agent. Based on Section 189.403, Florida Statutes, I have classified its status as independent because it does not have any dependent characteristics. All special districts must comply with the requirements of Chapter 189, Florida Statutes and Rule Chapter 913-50, Florida Administrative Code. As part of these requirements, please verify and update the information on the enclosed Special District Fee Invoice and Update Form, sign and date it, then return it, along with the fee, to the address below by the due date on the form. It is very important that the information on this form be complete and accurate since we must make this information available through the Official List of Special Districts On -Line (Florid aSpecial Districts. org). Department of Community Affairs Finance and Accounting Office 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 For more infor! °-lation about special districts, the annual special district fee, .and other special district requirements including reporting requirements, please visit FloridaSpecialDistricts.org. For detailed information, you may view online or download the Florida Special district Handbook. If you have any questions, please do not hesitate to call me directly at (850) 922A457 (Suncom 292 - 1457). rely, in Jr. SPECIAL DISTRICT INFORMAT N PROGRAM FLORIDASPECIALDISTRICTS.ORG Enc.: Special District Fee Invoice and Update Form cc: Mr. James Carter, Clerk of the Board of Collier County Commissioners (w /o enclosure) 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http: / /www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050 -2227 Tallahassee, FL 32399 -2100 Tallahassee, FL 3 23 99 -21 00 Tallahassee, FL 32399 -2100 (305) 289 -2402 (850) 488 -2356 (8501413-9969 !8501 4RR -74Rf. 1 1 Transcribed Minutes 2 Approved August 18,2004 80rd of 4 3 Co„ nth, tom 4 5 PELICAN MARSH 6 COMMUNITY DEVELOPMENT DISTRICT 7 8 9 10 TRANSCRIPT OF EXCERPT OF PROCEEDINGS 11 12 of the Regular Meeting of the Board of Supervisors of 13 Pelican Marsh Community Development District, held at the 14 Pelican Marsh Golf Club, 1810 Persimmon Drive, on August 15 18, 2004, at 9:00 a.m., reported by Kaye Gray, RPR, and 16 Notary Public for the State of Florida at Large. 17 18 F 19 I 20 21 • : 11� �%��% ORIGINAL 22 23 GREGORY COURT REPORTI"ki - -a uICE, INC. 2650 Airport Road South', . Suite A 24 Naples, Florida 34112 Telephone: (239) 774 -4414 FAX: (239) 774 -5261 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16T 1 Poa MEMBERS PRESENT: James P. Ward, Manager Gordon M. Brown William M. Flatley Robert R. Smith Thomas Carefa Anthony Pires, Jr., Counsel to the Board Speakers: Neil Dorrill, Dorill Management Group William J. Rizzetta, Rizzetta & Company James P. Ward, Severn Trent Services GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • MR. WARD: Let's reconvene the recessed meeting of the Pelican Marsh Community Development District for Wednesday, August 18. The record will reflect that all members of the board are still present, with the exception of Mr. Carefa. The board will now listen to the presentations of the management companies who submitted proposals. The first will be Dorrill Management Group. For the record, I'm going to turn the recorder off, since there will be a court reporter here to take the balance of the transcription today, and that transcription, along with my taped transcription of the minutes from the first part of the meeting, will be in your agenda package for next month. Also, for the record, just as a professional courtesy, my staff and myself, along with Mr. Rizzetta and his staff, will step out of the room during each of the presentations. Thank you. (The aforementioned persons left the room.) MR. BROWN: Thank you, Jim. I'm going to ask Tony to give us the rules of the road first. MR. PIRES: For the record, Tony Pires. Council, because we do have the court reporter, the protocol is that the chairman has always indicated GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16T 1 B speak, to announce your name, since the court reporter does not recognize any of the board members or myself. That way we will have a very clear record from the court reporter. From the standpoint of the presentation, I recognize that Jim has indicated that he is not contemplating being present during Mr. Dorrill's presentation, and Mr. Dorrill indicates he may not be present during the others, but as a matter of law, this is an open public meeting, open to the public as a whole. Anybody can attend this meeting, including other presenters and other proposers. It's their individual decision as to whether or not they wish to remain in the room during a presentation or wait outside the room. But it is an advertised, open public meeting. I just want to make sure the board cannot and is not excluding anybody from sitting. The professionals, as a matter of their particular sense of decorum, may choose to volunteer to do that on their own, that's their individual choices. Now, from another policy perspective, a practice perspective, the suggested process would be, and if I could ask the chairman to pass out to GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (2 ,33) 774 -4414 161 13= 1 each of the board members, and at the top of the 2 sheet, it has a space for the supervisor's name. 3 This process will not be an anonymous process. So 4 if you all could initially fill out your name at the 5 top. 6 Attached to the score sheet is an excerpt from 7 the RFP with the various categories for the points 8 and the indication of how the points are allocated 9 for each particular category. 10 For example, under the qualifications and 11 experience of staff assigned to the contract, there 12 is a maximum of 35 points. There's a discussion in 13 the text, and I believe you all had the opportunity, 14 over the last month, to review that RFP, that the 15 typical rating is 20 points, and then you can assign 16 additional points above that for additional 17 management practices or staff utilizations or 18 qualifications. 19 The same with previous experience and 20 performance. That's a 25 -point maximum, with a 21 typical rating of 15. 22 Number three, contract approach and 23 understanding, maximum 25 points, with a typical 15. 24 Cost proposal, maximum 15 points, typical 25 1n GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (2 39) 774 - -4414 1 And what I would suggest for a process is that 2 the presentations, and recognizing that it's sort of 3 a more flexible process, anticipate that each 4 presentation being no more than 15 minutes, and if 5 they go over, that's -- nobody is going to have a 6 whip or a gun to whip or shoot anybody that goes 7 beyond that, or a buzzer, unlike the county 8 commission meetings if you go over your time. 9 I would suggest that there be a 15- minute 10 process for the supervisor's questions, and if it 11 happens to go lengthier, that's up to the board, 12 again, in their discretion, so they have a full 13 understanding of each proposer's presentation. 14 At the end of each presentation, fill out the 15 score sheet for that particular proposer. At the 16 end of all the presentations, you pass all of the 17 score sheets down to me at this end. I will then 18 rank them, tally up your points, your allocated 19 points for categories for each proposer, then tally 20 them up in the final box on the right -hand side, 21 which is the total points assigned. 22 I Then I would rank them in a one, two and three, 23 and then advise you which one had the most number 24 one rankings from the board members, and so on. 25 ha my rar'+nmmanA-A - -- GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 18a today, while everything is fresh in your mind. But as far as the tabulations, what you are asking is that you get a presentation, you have to make your tabulations today. Keep score. Those are public records, so they would be handed to me at the end of the meeting. MR. FLATLEY: So we put our points down under where it says 100 points, we put our totals there? MR. PIRES: You allocate points as you go along one, two, three and four, and add them up in the right -hand column. MR. FLATLEY: Write one, two, three? MR. PIRES: Once you do the score sheets, if you hand them down to me, I will then allocate one, two and three. MR. FLATLEY: You'll do that? MR. PIRES: Yes. MR. CAREFA: I have one copy for the record. MR. PIRES: Yes. MR. FLATLEY: We're supposed to speak our name now? MR. PIRES: Yes, until the court reporter gets familiar with who you are. MR. CAREFA: I need a copy of this. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 7 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16T- 1 Ra Also, in the RFP we indicated a start date of October lst. Unfortunately, due to the issues in the last meeting and the time frame now, there's a possibility it might be November lst. I'll advise all the other presenters of that, of the time frame, and I think that's reasonable. If there is any kind of process that occurs, a new contract will be a November lst time frame, and we ask that, Mr. Dorrill, in your case, if you have no objection to that. MR. DORRILL: I'm fine. MR. PIRES: Any questions from board members? MR. FLATLEY: Before we start, can the gentleman in the jacket state his name and title? MR. OSBORNE: Yes, sir. My name's Danny Osborne. I'm a CPA with McDonald Osborne. MR. FLATLEY: And you're with -- okay. We don't have to make a decision today, do we? MR. PIRES: The board has the opportunity to continue this discussion to another day. In other words, you can hear the presentations and say we want to continue this particular item to the next regularly advertised board meeting. You can do that. GREGORY COURT REFORTING SER[IICE, 1121PLES, FLORIDA TELEPHONE: (239) 774 -4414 9 16T 1 R 1 MR. CAREFA: I have some questions -- I have 2 it. Oh, you have it, Tony. Okay. Thank you. 3 Thanks very much, okay. 4 MR. PIRES: Neil, thank you for your 5 indulgence. 6 MR. BROWN: We all set now? 7 Neil, we call you. 8 MR. DORRILL: I am genuinely excited to be 9 here today. This is a great community. I very much 10 appreciate the opportunity to be considered to be 11 your next district manager for a number of reasons, 12 and I've got about a 15, 20- minute presentation, and 13 we'll cover that, and then be happy to answer any 14 questions the board might have, but thank you, 15 again, for the opportunity to be here today. It's a 16 privilege. 17 With me today, you've already met Danny 18 Osborne. He is a managing partner, and one of my 19 alliance partners, of McDonald and Osborne, a 20 certified public accounting firm in Naples. In 21 fact, their offices are here in Pelican Marsh in the 22 adjacent Galleria neighborhood, which works to my 23 benefit, and I believe will also benefit yours, and 24 I'll touch on that in just a minute. 25 ' GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 another Alliance partner. He is a principal and owner of Spiro and Ways (phonetic) Communications and marketing firm with offices in Fort Myers, and they helped prepare our PowerPoint presentation here for you. The is no one else with me today. For the record, again, my name is Neil Dorrill, and we are very much looking forward to this process. In 1979, I was a very young administrative assistant in the county manager's office, making my first formal presentation in front of the Board of County Commissioners, and I was excited. I was long winded, too much so. Tony might have been the assistant county attorney at that time. The chairman then was Doc Brown, and he was a big, six foot four, 300 -pound farmer from Immokalee. About halfway through my presentation, he took his big gavel and he slammed it down on the dais there, and he looked up at me, and he scared everyone in the audience that day, and he said, Mr. Dorrill, he said, my mother taught me two things, son. He said, number one, never to work in the rain, and number two, never to work through the lunch hour. Son, you have talked entirely too long, GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TEL EPHOPJE: (239) 774 -4414 11 16T 1 P 1 walked out of the room, and everybody died laughing 2 in the room. 3 I learned three things that day. Number one 4 be brief. Number two, make your point. Number 5 three, be a good listener and answer specific 6 questions. 7 I'm going to be brief. I'm going to make two 8 main points today to you. Then I'm going to answer 9 the questions you may have. 10 I spent most of my adult life in public 11 administration working for the Town of Longboat Key, 12 the City of Sarasota, and then 18 years with Collier 13 County. I left Collier County in 1997 to become the 14 president of a local development firm, and then 15 started my own company that I own in 1999. 16 And our core client market is exactly the type 17 of client that you represent today. Our clients are 18 very exclusive, very focused, master - planned 19 communities, and they are master homeowners' 20 associations or CDDs, and in some instances, very 21 exclusive single - family homeowner associations, at 22 both The Strand and also Lely Resort, and I'll talk 23 about that. 24 Lely Resort is a sister CDD to you, and in 25 . rnn and t11, -T'P GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16I 1Ba 12 are a lot of similarities, and that is our current largest client, Lely Community Development District at Lely Resort. We are Naples only, a Naples based, comprehensive management company that, in addition to having a public administration background, has a license -- and I hold the license for our company -- as a community association manager under the state of Florida. As I've already said, I have 20 years experience. The last ten years I was with the county, I was the county's appointed chief executive officer, and served as the county manager from 1987 to 1997, when I left to go into private practice. We choose and prefer to deal with clients who have a desire to create a wonderful brand. Branding is a term that is common within the marketing world for the private and manufacturing sector. I like to think that we are helping brand our communities as incredible places to live, to work, to raise a family, and enjoy retirement years, but with a focus on creating value and increasing property values for the individual and corporately owned assets that are in this community. There is our core goal and GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (229) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16T 1gz As I said, we currently manage a former community of the year for Southwest Florida, which is The Strand. The Strand has 1,250 residents on Immokalee Road, about 700 acres, and we also manage the Lely CDD which is next year, in 2005, a Parade of Homes Community for Southwest Florida, as well. I've touched on our philosophy. I don't want to spend a lot of time on this, but there are some keys as they relate to servicing the board and equally important, I think, being sensitive to the residents who are now totally in control of this CDD, as opposed to the developer being in control. As I said, our passion and our desire are to create great neighborhoods, and a wonderful brand and association, that Pelican Marsh is the premier community in North Naples, and to establish that in the mindset of the community as a great place to live and to own assets. We want to offer the highest possible services through public procurement at the best price, not necessarily the lowest price. One of the things we've been successful doing at Lely Resort has been attaching our competitive procurement and purchasing practices for larger units of government. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 M 25 16I 1bor�4 banking arrangement. We moved our finances, banking business from Broward County, where it has been historically, to Collier County, and placed that with Fifth Third Bank. We did that by attaching our contract to the Collier County School Board, who had gone out for competitive bids and services, and we're getting incredible -- although we're a small CDD in comparison to the Board of County Commissioners for the county school board -- but we're doing some very novel, very innovative, very award- winning things to attach our buying power to the larger units of government. Frankly, to bring the business back to Naples, but to reap the benefits of the Collier County School Board and the hundreds of millions of dollars that they have invested as part of their banking services agreement this year. We never once and knowingly disappointed this board. One of the things I'm really going to hit on today is one of the reasons we're very successful is we have a very concentrated group of clients, all within ten miles of our North Naples office location, which is about five minutes from here at The Strand. This is a major point. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16I i. engagement manager for this CDD. I am going to be the individual who will manage this community, if necessary, on a daily basis from our North Naples office which is located at The Strand Executive Center. I'm very proud of the fact that we apply the highest ethical and spiritual -based decisions and guidelines for the clients that we have. I think our references that are contained in your printed proposal speak for themselves. We work very hard to maintain our reputation with the clients we have had, and we have never lost a client. This is a client that I would dearly love to have. I want to be your district manager, and we're ready to go to work, and we will work as hard for you as the other references here that are contained in your package. MR. FLATLEY: Mr. Dorrill? Who is "we"? How many people do you have? MR. DORRILL: I'm going to touch on that in just a minute on another slide. I have a whole slide on our alliance partners, the whole chemistry of how we work, if we could defer for just about three minutes. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 GA 16 I am singularly going to be responsible for this community. I've got a master's degree in public administration and business from the University of Alabama graduate school there. I have an undergraduate degree in political science from Florida Southern College. Twenty years of public sector experience, as I indicated previously, working for the Town of Longboat Key, the Board of County Commissioners here, and the Cities of Sarasota and Lakeland as a graduate intern while I was in college. I have successfully managed over 20 districts of a wide variety during the time I was the county's chief executive officer, and I created and was responsible for the Pelican Bay Service District, one of the oldest ones in town, from 1992, when it was created and placed under the Board of County Commissioners, until 1997. I do not currently manage that district. That district is still under the Board of County Commissioners and the current County Manager, Jim Mudd, but it was created during my watch as county manager in 1992. We do have several strategic alliances. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16I 1 B;. addition to myself, but I will tell you that the 17 people that I work with every day managing our other CDD clients, names are Danny, Steve, Lee, Lisa, Terry, because we, in those instances, are using outsource resources, and I think that's important for two reasons. Number one, it allows me to concentrate on the key operational issues without being encumbered or without having to have the necessary employed support staff, when otherwise I can rely on certified public accountants who are here in your community, or I can rely on the civil engineering or, in the case of Alice Carlson, who is a special consultant here in town, a former Westinghouse Communities official. In answer to this gentleman's question, in addition to myself, I have two employees. I have one executive assistant, based on our current client load which allows me and one assistant to have four large clients, as opposed to the other two gentlemen who are going to be here who are very large companies and have multiple accounts throughout the state. Our clients are here. That's why I am prepared to service your account from Naples every day. In GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16I 1Ba 18 a second executive assistant who would be responsible for this community before the end of the fourth quarter of this calendar year. I understand you may be delayed in terms of making your selection, but it would be my intention to hire a second executive assistant who would help support me on the administrative side in addition to the alliance clients that we have for accounting and special assessment roll preparation. MR. FLATLEY: Alice Carlson works for you? MR. DORRILL: She works for me as a consultant to the Lely Community Development District to prepare the annual assessment roll. MR. BROWN: A subcontractor. MR. FLATLEY: I thought you were saying she worked for you? MR. DORRILL: No, sir. She has her own consulting company, and I will tell you she is a very smart woman, and is recognized throughout the state as an expert witness on the accounting side for special assessment roll preparation. MR. FLATLEY: What's the difference between assessment roll preparation and special assessment roll preparation? GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 19 1 people get confused, because otherwise, when they 2 receive their property tax bill, it raises the 3 millage, many of our residents at Lely don't 4 understand a special assessment is a flat rate fee 5 that is added to the property tax bill, the same as 6 the garbage. 7 All the other aspects of general government, 8 1 Board of County Commissioners, are ad valorem based, 9 the exception being -- 10 MR. FLATLEY: I understand that, but what I'm 11 saying is we get charged for assessment roll 12 preparation. We also get charged for special 13 assessment preparation. I'm just trying to say is 14 there a difference? What is this? 15 MR. DORRILL: And I have reviewed your budget 16 in detail, and there are some other charges, and one 17 of the aspects, again, that I'm going to talk about 18 in just a minute is the billing structure here is 19 very complicated, and in my opinion, somewhat 20 deceptive, because unless you look at a general 21 ledger, and you can compare and contrast the general 22 ledger, my estimation is that you are paying 23 somewhere between 210,000 and $240,000 a year to 24 Severn Trent, but if you only focused on the 25 Higfrir-f manAaPrIg linp item my thp Arrniinfino lino GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ibs lea , item, you are only going to find about $50,000 in annual expense. I'm proposing a single flat fee for my comprehensive management services, for me personally to be your district manager. Any other costs for Alice Carlson or for accounting, the local CPA firm, they are going to be billed to you at absolute cost without any markup on my part to pass them through. MR. FLATLEY: That makes it difficult to compare, though, because if we are being charged by Severn Trent, and -- so that is included in their total billing. Now, you come along and you're going to separate yourself from Severn Trent, but then you're going to have others billing us direct. How do we know what our total cost is going to be? MR. DORRILL: My proposal to you, under your standard forms, you produced a standard form where some blanks had to be filled in in order for us to -- everything from insurance to understanding of scope of services to make a fee proposal. I have put not to exceed maximum cost for accounting and special assessment preparation in addition to my flat fee, and that's it. There are not going to be any other fees charged to this GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 16i l Ba 1 between 50 and $60,000 the first year. 2 MR. SMITH: You're talking total fees, 3 guaranteed, $12,770 a month? 4 MR. DORRILL: Yes, sir. As opposed to what I 5 think you're paying now, and it's somewhere between 6 two ten and two forty. 7 MR. BROWN: Sometime before we get done here, 8 I'd like you to take a look at our management fee 9 line items, and just indicate which items are 10 included in your fee, so that we can have a means of 11 seeing how it affects the budget. 12 MR. DORRILL: Very easy for me to do. I will 13 tell you you have complicated assigned fees for 14 everything, from my perspective, which includes 15 Severn Trent corporate office rental in Broward 16 County, something that is called computer charges. 17 I have no idea what computer charges are, but all 18 accrued to benefit Severn Trent, and they are being 19 billed to you monthly in addition to their 20 accounting fees, and in addition to their special 21 assessment fees. 22 My contention is if it's not erroneous, at a 23 minimum, it's confusing, and somewhat deceptive as 24 opposed to what I am proposing to you, which is a 25 flAt rnanarypmpnt fpp u77 t- 'h nnIir t-wn 071 }1 f, llT a,,it - �-i-- GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16-T 1 B a one for accounting, one for special assessments. We may have some other vendors. I assume this lady here is independent this morning, and if you want to have transcribed minutes, and we'll hire a court reporter. My point to you is this. I'm going to bill you at absolute cost. There is no markup, and I'm not running it through my books in order to put a profit on top of these other costs. MR. FLATLEY: And our assessment roll preparation by Alice Carlson will continue? MR. DORRILL: It will, because -- MR. FLATLEY: And she'll bill us direct like she's doing right now? MR. DORRILL: That's correct. MR. BROWN: She charges us $31,000 a year for that. MR. DORRILL: That's correct. I have in my file a letter from her acknowledging and indicating she will continue to be the assessment consultant to this district, the same as she is for me at Lely Resort. MR. BROWN: Let's let Neil move on, and hold the questions until he's done, please. Let him GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16T lea MR. CAREFA: All right. MR. DORRILL: The slide that we've skipped in the interest of time is just an indication of our community commitment, the various organizations that I have contributed time to over the years. Again, I think just speaking to the fact we're a Naples company. We are Naples focused, and we try and give back to the community through a variety of charitable church - related and economic development aspects that I am currently involved in. Let me touch quickly on some of the things based on my research for today that I think are unique for this community in terms of what it takes to create a great brand. I'm really focused on that to really create this as the dominant community in North Naples. One, obviously, is your entrance features. The first impression is so important and has been land planned very well and in conjunction with Joanne Smallwood, and other people who have over the years done the landscape architecture for this community. You have a wonderful median streetscape, native plant material, it's drought tolerant, it's cold tolerant. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16,T 1BcR `' enhanced. I am impressed by your street sweeping and lighting program, especially your architectural lighting I think is very well done. Stormwater is something I want to touch on for just a minute. This community, based on my experience when I was County Manager, has a fairly sensitive drainage outfall for the basin that we are within here. The outfall for this community is at the southwest corner adjacent to the large vacant tract of land that has been under discussion by this board recently in terms of exploring what they would be allowed to separate from the CDD. I think that would be a mistake. The outflow goes under U.S. 41, and enters a very small, very sensitive cypress slough, a wetland that is on the north side of the Pavilion Shopping Center. Stormwater issues are crucial to this community in terms of maintenance, and the underground repair and inspection. I'm talking now as an old county manager and someone who started out in county government, public works. I think your district manager needs to be very involved in a hands -on way for stormwater and GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 25 1 1 community. 2 1 The other thing -- I want to skip public safety 3 for just a minute because I know that you have a 4 very special protocol. It's an ongoing process, and 5 something that is important here. 6 We're doing some things different at Lely CCD 7 by contracting $100,000 worth of work a year for 8 uniformed Florida Highway Patrol Troopers who are 9 aiding us because we don't have the type of gated 10 access there that is in my other main community at 11 The Strand. We are also utilizing off duty Highway 12 Patrol Troopers, uniformed and in patrol cars to 13 supplement the gate or the access control. 14 Let me talk to you more importantly about 15 irrigation master planning. The South Florida Water 16 Management District is renewing all consumptive use 17 permits for irrigation effective February of 2005. 18 There is a mandatory attendance at workshops in 19 1 advance of that. 20 One of the things I'm interested in exploring, 21 as your manager in conjunction with a civil 22 engineer, is why you guys were not represented 23 earlier this morning at the workshop to review the 24 irrigation permits for all communities who have 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 ■ 1 1 Basin A. 26 2 That's important for this reason. I know 3 there's a huge reliance here, as there is in most 4 communities, on effluent. Effluent, over the next 5 10 to 15 years is going to be a very, very expensive 6 commodity, and if you are solely relying on that, 7 and if your district does not have the well permits 8 in their name, if they are in the name of WCI or if 9 they're in the name of Pelican Marsh Golf and 10 Country Club, I think that's a mistake. We've 11 chosen to take a different tack at Lely. We want 12 the permits for all the irrigation to be in the name 13 of the public entity, which is the Board of 14 1 Supervisors for the CDD. 15 That's something, if selected, I want to pursue 16 early and quickly with your civil engineer, to make 17 sure they are protecting your long -term interest, 18 and give you alternatives other than just buying 19 effluent from the county water /sewer division. 20 In addition to challenges, I did something 21 that, frankly, is going to be important for all of 22 us, especially given the fact you have 44 people on 23 your payroll here, and you choose to have employees 24 for your access control of your gates, and also your GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16-11 P 28 You need to begin projecting, as part of your general accounting standards for GASB 34 issues, and I'm sure Jim has shared with you, you need to be setting aside sinking funds and reserve funds, because you are going to be responsible for resurfacing the primary and secondary collector streets system here sometime within the next five to seven years, based on my experiences at Lely Resort. And so I have added street resurfacing as part of my research and preparation for today, because I think that is important to you. Let me give you a quick summary, and then I will quit exactly on time, which is about the 20 minutes that you asked me to. First and foremost, just like I was 25 years ago, when Doc Brown told me that I was too excited and too long winded, I'm still excited about communities like this. Frankly, we're ready to go to work managing this community from our North Naples office, and being available every day, which I think you deserve. I think you deserve a committed manager here, and I think in terms of what we offer, frankly, as the smallest firm, is I'm not in Pasco GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 27 1 I retention and recognition. 2 Several years ago, I had the opportunity to 3 hear General Norman Schwarzkopf speak, and he said, 4 the most important thing for leaders to recognize is 5 that failure and mediocrity is contagious, and 6 success is infectious. 7 What we want to do is recognize success in 8 terms of the programs, but also the employees here, 9 because when you're competing at a price point 10 between $7.50 an hour to $11 per hour for the young 11 lady who is at the security gate this morning or the 12 young Hispanic man who is running that $10,000 13 lawnmower, we want to keep those people here. 14 I don't want to be in a constant state of 15 turnover, and also trying to compete in that price 16 range, and I think the way to do that is to increase 17 the emphasis on employee training and employee 18 recognition when they are doing a good job. 19 I talked about the irrigation master plan. I 20 talked about the law enforcement security issues 21 that we're using and are trying at Lely Resort, 22 utilizing the sworn policemen. 23 I'm also interested, because we've just gone 24 through this at Lely Resort, which is a community 25 V e -ir,rzt- a -, . GREGORY COURT REPORTING SER["TCE, NAPLES, FLORIDA TELEPI:ONE: (239) 774 -4414 29 1 in Duval County, or I'm not in Tallahassee. Our 2 core clients are here, within ten miles of my 3 office. We service them directly and personally 4 every day. 5 If you look at the qualifications and the 6 experience and the background, we, Neil Dorrill, is 7 the most experienced community manager in Southwest 8 Florida in terms of public administration, and mixed 9 in with some of my private sector experience with 10 CDDs and also, frankly, having been a developer. 11 We don't have conflicts of interest, because we 12 don't have any developer clients. We are properly 13 registered. We're licensed with county government 14 and also the State of Florida, and we do offer full 15 service with alliance partnerships through Alice 16 Carlson and through McDonald and Osborne, an 17 accounting firm, that give you the best and lowest 18 pricing structure when compared to your current 19 budget and the type of charges and fees that are 20 being collected. 21 With that, I do want to thank you again for the 22 opportunity to be considered. I do -- and I'm going 23 to ask you for your support, because I think it's 24 important to look you in the eye and ask you for 25 ' GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 30 Iim 1 any questions that you have. 2 MR. CAREFA: Neil, you talk about finances here 3 being very confusing. You're right, plus the fact 4 that I'm not a CPA. But I do have some numbers here 5 of what we've been paying, and I can give you a list 6 of the numbers here. I have to tell you, I 7 calculate a maximum of $210,988 we're paying Severn 8 Trent. You want to just briefly look at that? 9 Maybe you can tell us, you quoted a price of 10 220 to 240. Maybe you can tell me where the 11 difference is, because that it includes computer and 12 the entire line. 13 MR. DORRILL: In my estimate, and I would be 14 happy to get a copy of this and go over it in 15 detail. It includes all funds. Remember, you have 16 multiple debt service funds here. You're paying 17 those same accounting and computer charges. This is 18 one thing I don't understand. They have created 19 this thing called "computer charges ". 20 MR. CAREFA: It's listed there at $49,000 at 21 the bottom, and it's all computer, it's all 22 calculated, and it's all explained. I would like to 23 have you tell me where the difference is, Neil, in 24 the 210 and go as high as 240. I don't see how it 25 nilclhf fn hp GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16Z 16p," MR. DORRILL: You remember, my estimate was 210, but I had heard, based on some of my research and in looking at minutes of your meetings over the last six months, my estimate is the 210, but I've told you that I have heard that it could be as high as 240. I can't find the 240. MR. CAREFA: In your proposal I read 201. MR. BROWN: Would you be kind enough to step over here and take a look at these line items and just indicate which ones are included in your -- these are the items that are included in the current manager's fee? MR. DORRILL: Yes, sir. MR. BROWN: What I want to do is put a little star next to each one of these line items. MR. DORRILL: If I understand you correctly, the ones that are not, are either ones that I don't think you should be paying for -- MR. BROWN: Those things are in our budget, and so then I can make an easy sum to find out where the heck we are. MR. DORRILL: Or I will also tell you that someone else is doing that work, and it's being marked up before it's passed on to you. And I would GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 lea 32 1 specifically about dissemination agent. 2 Dissemination agent is a required element as 3 part of a trust agreement with your bonds. There 4 has to be annual releases of information, and I can 5 tell you what we're paying to the penny for that at 6 Lely Resort. 7 What I can't tell you is whether Severn Trent 8 is performing that, or they are having sub 9 consultants perform it, and then they are marking it 10 up. 11 MR. FLATLEY: 7 percent -- 12 MR. DORRILL: And then I think the best thing 13 for me to do, because our communities are so 14 similar, would be to tell you for dissemination 15 agent, the arbitrage calculation, I'll tell you 16 exactly what we're paying for almost a mirror image 17 community to this one. 18 There are charges that I do think that are 19 erroneous, and at the top of my list is this thing 20 called computer charges. I have no idea what that 21 is, and I can tell you since I've been managing Lely 22 Resort for the last four years, we don't incur 23 accounting charges -- or computer charges, because 24 computers are required, they are part of the 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 33 1 MR. FLATLEY: I think it's just a 2 classification. 3 MR. DORRILL: Then what I would tell you is 4 that you need to add the accounting charges and the 5 computer charges and contrast that against his fee. 6 MR. FLATLEY: Let me ask you, for example, 7 who's going to pay the payroll? 8 MR. DORRILL: Payroll will be performed by 9 the accountant. 10 MR. FLATLEY: You'll do monthly financial 11 statements? 12 MR. OSBORNE: Yes. 13 MR. FLATLEY: You'll pay the bills? 14 MR. OSBORNE: Yes. 15 MR. DORRILL: After they have been reviewed and 16 coded by the individual field managers or, in my 17 case, for the reoccurring expenses, like health 18 insurance. 19 MR. BROWN: And your charge for that is $2,500 20 a month, if I'm not mistaken? 21 MR. SMITH: Maximum. 22 MR. DORRILL: $30,000 a year, not to exceed. 23 MR. FLATLEY: Who handles the bond issue? Who 24 is going to be your dissemination agent? 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16T 1 Ba particular case, would also be the trustee who, in the case of the Lely Resort, is the Corporate Trust Division of Wachovia Bank. MR. FLATLEY: In other words, that would be a separate fee from what you charge? MR. DORRILL: Yes, but my hunch is it will be substantially less than what Severn Trent is charging you to perform those services. MR. FLATLEY: We're paying right now $10,500 a year for dissemination. That goes to Severn Trent. That's included in their fee. All I'm saying is that we're going to have to continue to pay that 10,500 to somebody else, and you're not going to be the dissemination agent. Your fee just went up by 10, 500? MR. DORRILL: No, sir. I'm saying that it would normally be performed by your corporate banker, whoever is acting as trustee. Severn Trent cannot act as trustee for those bonds. MR. FLATLEY: No, but they are acting as dissemination agent, and included in their fee is 10,500. MR. DORRILL: Right. In terms of -- the best thing I can do is tell you what I paid for the same GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 35 1 Wachovia Corporate Trust Banking, as opposed to 2 Severn Trent. They have to be paid. 3 MR. FLATLEY: My point is, your fee would then 4 go up, because we still have to pay a dissemination 5 agent -- 6 MR. DORRILL: That's correct. 7 MR. FLATLEY: -- as compared to Severn Trent? 8 MR. DORRILL: That's correct. 9 MR. SMITH: How much did you pay for Lely? 10 MR. DORRILL: I want to say I paid $5,000. 11 MR. SMITH: For how big a bond issue? 12 MR. DORRILL: $25 million. 13 MR. SMITH: We're talking about three times 14 that, two and a half times that. 15 MR. FLATLEY: It's been going on for a long 16 time. 17 MR. SMITH: 27 years, as I understand. 18 MR. FLATLEY: So 10,000 bucks doesn't seem to 19 be too far afield, does it? 20 Another question. Projects, Neil. We've got 21 projects that are driving us buggy because we can't 22 get them done. I'm talking about the guardhouse. 23 MR. DORRILL: Yes, sir. 24 MR. FLATLEY: One of my pet peeves is everybody 25 a wi-- TA7hPn 17nii r• M= — +-. +-L,. — ,.-,....aI - -.. -- GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1Ba 1 in the rain, because they don't have a properly 2 constructed guardhouse, don't have a cover over it. 3 The inside of the guardhouse is falling apart. 4 People have been in there and have been telling me 5 that the damn drawers won't close, they won't open, 6 the doors are all a mess, the air conditioning is a 7 mess, the seats are off the scale. 8 How would you go about refurbishing the 9 guardhouse? I'm not saying that you're going to be 10 the man to sit down and draw up the plans, but tell 11 me, how are you going do that? 12 MR. DORRILL: One of the first things I did to 13 resolve a similar complaint from the Lely board, 14 once the residents took over, was we can't get 15 anything done. 16 They had had the district maintenance building 17 -- they bought the land in 1993, and between 1993 18 and the year 2000, when I started, they had been 19 waiting for that period of time to build their 20 district maintenance building. 21 MR. FLATLEY: Sounds like us. 22 MR. DORRILL: You can share that with your 23 colleagues. 24 We opened our building on time and under budget 25 _rent- it flP - - iri oz 7�=rmiti --A —,f-- ---1, GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 16T 7 K 1 and built in 12 months. 2 MR. SMITH: Who did it? 3 MR. DORRILL: We used a local contractor, and 4 we used a local civil engineer and architect, Hole, 5 Montes, and our contractor was Bradanna. 6 I compared that with your maintenance facility 7 picture that is there, and I talked to the county 8 also about that in preparation for today. I'm not 9 sure you even have a valid site development plan for 10 your maintenance facility. There is none that are 11 on file. 12 So the trailers and the dirt parking lot and 13 the tent that you've set up to store the fertilizer 14 and things, in terms of the county engineering 15 department, there is no valid site development plan 16 for that. You don't have a water retention area. 17 There is one adjacent to you, which I presume is the 18 Pelican Marsh groundskeeper's maintenance facility. 19 It looks fine. 20 My first question is who owns the land on which 21 your maintenance trailers and dirt parking lot sit? 22 But my point being that within a year, we had a 23 first class maintenance facility built, and I don't 24 care whether it's your maintenance facility or your 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1611 1 B 38 One of the other things that I do for my client is we prepare, not only a newsletter I brought for you -- this is our upcoming newsletter. But if you look inside here, you'll also see I prepare and submit to the board every month a client follow -up list for those things that I am responsible for, and the agreed -upon deadlines for completion dates for individual tasks to make sure that my board knows that things are getting done, or things were done, or that these work tasks were closed out in accordance with what they had been led to believe at the last board meeting. We produce that every month. To answer your question, that's how I track work tasks and assign deadlines in order to make sure that things happen. MR. CAREFA: You have here CPA service, $2,500 a month_ Does that include an audit? MR. DORRILL: Audit fees are separate. He cannot do your audit. MR. CAREFA: That's an extra fee then? MR. DORRILL: Yes. MR. CAREFA: If everyone is finished, I have a list here. If you would look it over, it may be GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4419 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 Bo 39 and maybe answer some of it for us. I understand Lely Resort is the only CDD; is that correct? The others are homeowners? MR. DORRILL: Master homeowners' associations. MR. CAREFA: And they are the size, for management considerations, how would you say that would be in connection with what we have here, compared to what we have here? MR. DORRILL: Well, the Lely CDD is the largest CDD in Southwest Florida in terms of the number of units. Your CDD is the largest one in terms of acreage, because it goes on the east side of Airport Road. Also, you have the largest payroll. So by comparison, I have a payroll of 15 at Lely, but that is a payroll that is groundskeepers. We contract or outsource all of our security there. Your security people are on the payroll, so that's comparable. I have a $2 million annual operating budget at Lely. That will give you some indication of the size. I have a similar operating budget at The Strand in North Naples, but that's a master homeowners' association. MR. CAREFA: Who else do you have besides Lely GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 40 im 1 That's two. 2 MR. DORRILL: Four big ones. 3 MR. CAREFA: Old Cypress, The Strand, Pelican 4 Bay and Lely. 5 MR. DORRILL: I want to clarify that, and I 6 did. I created the Pelican Bay Services District. 7 I do not currently manage that. 8 I'm also a management consultant for the 9 Pelican Bay Taxpayers' Association. There are three 10 big associations or entities in Pelican Bay. One of 11 them is the District, one of them is the Taxpayers, 12 and then they have what they call the Foundation, 13 which is similar to what you have here in terms of 14 whoever owns your tennis and community center 15 facility. 16 I've only worked for or been responsible for 17 two of those. I have not been responsible for their 18 Foundation at Pelican Bay. 19 MR. SMITH: Who are your four clients? 20 MR. DORRILL: I have four big ones. My current 21 largest client is Lely Resort. The second one, very 22 close, is The Strand Master Homeowners' Association. 23 Then my third one is the Falcon's Glen Homeowners' 24 Association. That's the largest single family 25 lu Racnrt Thcn tli, �F- -+-1, o GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4474 gol 1 in terms of management fees, is probably either the 2 Clubside Homeowners' Association or The Strand 3 Commercial Area Association. I do manage all of 4 them. 5 MR. SMITH: What about Clubside At Vineyards? 6 MR. DORRILL: No, sir. There's a Clubside at 7 The Strand. 8 MR. CAREFA: You're talking about a list of 9 items, like streetscape, landscaping, irrigation, 10 down the line. Can you tell us which of these, 11 street lighting, security patrol service -- exotic 12 plants you didn't cover -- which of these are 13 in -house contracted independently, in your projects? 14 MR. DORRILL: Should they be? 15 MR. CAREFA: No. I said, which ones are, in 16 your management, contracted either out or in- house? 17 MR. DORRILL: The ones in my two big, 18 comparable communities to this, The Strand and Lely 19 Resort. 20 MR. CAREFA: Right. 21 MR. DORRILL: We do streetscape, media 22 landscaping, entry features, obviously irrigation, 23 stormwater, waste management, street lighting all 24 in -house with employees. 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16I 1 K 42 MR. DORRILL: Yes, sir. And then one supervisor. I've got one field manager. MR. SMITH: You have a horticulturist on staff? MR. DORRILL: Licensed, with the necessary spray license as required by the state. Security and patrol, I've indicated, are contracted. We use -- for what it's worth, and this is a policy issue -- we use the custom protection division of Wackenhut in both communities. Again, it's because I got a great price. I attached my price to the Board of Regents in Edison Community College, and so I got a lower price than what I could negotiate, because I attached our contract to the one that's being used by the state university system. And I also use the Florida Highway Patrol. We contract directly with the Fort Myers troop for uniformed patrol services in Fort Myers. Exotic plants, I use contractors. MR. CAREFA: Just a minute. The patrol service, how has that been working out? Are they just exclusive Wackenhut? Do they handle security and patrol? Is there any excess cost over what you're paying Wackenhut? GREGORY COURT REPORTING SERVICE, NAPLES, FLORI -DA TELEPHONE: (23 -9) ?74 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16r 1 ocz MR. CAREFA: You see, the things that I've been working on, I have that, and I have literature from Wackenhut. From what we're paying now, we're paying 811,000 some -odd dollars to Severn Trent, where I've got bids here, whereby they calculate the number of hours, and for 500 some -odd dollars, and we have a difference here of -- we've been trying to work on -- of 225 or $235,000, and I'm just wondering, down the line, when we do have another meeting, we're going to work this out. I'm just wondering, are there any pitfalls regarding just having -- any pitfalls with Wackenhut, just having them exclusively handle it without any other employees? MR. DORRILL: If the board were to make a policy decision that that's what you wanted to do, I would suggest that you do the same thing that I did at Lely, which is utilize the custom protection division contract in place with the Board of Regents at Edison Community College, because they put it out for bids, they get better prices than I could negotiate. So I attached our purchase order contract to the pre- existing contract at the college. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 for the complete security patrol system, like with 2 uniforms, training and whatever? Do you know what 3 their rate is, like $17 an hour? 4 MR. DORRILL: I think I'm paying 16.50, but I 5 would want to confirm that. 6 MR. CAREFA: I got 16.99, so I'm in the 7 ballpark. 8 MR. BROWN: Could I interject a second here? 9 I'd like Tony to make a comment on Wackenhut. 10 MR. FLATLEY: If we could work out the 11 Wackenhut issue, we could refrain from calling it a 12 bid. I guess Mr. Carefa has individual numbers from 13 the material that was handed out at the last board 14 meeting, and that's really not a formal bid. It was 15 a submittal by Wackenhut in response to some 16 discussions you had with them. I want to make sure 17 that's clear for the record. 18 MR. BROWN: Why wasn't Wackenhut selected in 19 the past? 20 MR. PIRES: There was an issue regarding them 21 wanting to change the RFP and the bid documents 22 dealing with indemnification and insurance. And I 23 wrote them saying, in my opinion, the language had 24 to remain. 25 G that- w,P-r ri Yll r)r%ci GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 45 1 1 that time that wanted to change that language. They 2 wanted specifically to say, we want that language 3 changed, and my legal opinion was it needed to 4 remain as is. That was back a couple years ago. 5 MR. BROWN: Could you comment on that 6 particular -- 7 MR. PIRES: Whether they would change that now, 8 and if the board were to make a decision to go out 9 for bid for access control, I don't know what their 10 position would be today. But at that time, they 11 wanted to change some good language that I didn't 12 think was appropriate to change. 13 MR. DORRILL: We didn't allow that. They had a 14 very good contract with the university system for 15 custom protection officers on their normal, what 16 I'll call entry level, and we held them to the 17 contract with the state university system with the 18 contract that we have separately for Lely Resort. 19 MR. FLATLEY: You can do that? 20 MR. DORRILL: Yes, sir. The same reason I 21 bought Ford pickup trucks this year. I did not 22 submit a bid for Ford pickup trucks. I bought off 23 the State of Florida's fleet purchase bid for the 24 whole state and saved 1,500 bucks per unit over what 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 M 1 The State of Florida gives very wide home rule 2 authority to boards like yourself to cooperate with 3 other public entities for purchasing and 4 procurement, and we have done quite a bit of that at 5 Lely Resort. We are just a little district, but if 6 I can attach and buy -- 7 MR. FLATLEY: I don't know -- 8 MR. DORRILL: -- through the Collier County 9 School Board for our banking -- 10 MR. FLATLEY: I don't know why the vendors 11 would let you do that. It seems to me they would 12 not want you to do it. 13 MR. DORRILL: The Florida legislature 14 prescribed that any state contract or any public 15 entity, if another public entity wants to buy at the 16 same unit cost, you have to be able to honor that, 17 and that's what we do. 18 MR. FLATLEY: Really? I never knew that. 19 MR. DORRILL: When I buy chemicals, when I buy 20 pine straw, when I buy impatiens in the fall, I'm 21 buying off of state contracts in order to get better 22 prices. 23 MR. FLATLEY: Let me ask you a question. You 24 have got CPA services of 2,500 a month. Then you 25 Pnr QPYiTi rlo-m rlf --- GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 MR. DORRILL: That's Alice Carlson. MR. FLATLEY: That's Alice. MR. SMITH: It's already put in there. MR. FLATLEY: You know, fellows, I've got to tell you something. Alice is not in the numbers we got from Severn Trent. MR. BROWN: Yes, she is. MR. FLATLEY: No, she isn't. She's billed separately, $31,000. MR. DORRILL: It's the 31, because I made sure of that, and Alice is a good colleague, and we work closely together. I made sure that her price, if it couldn't be lowered, it would be the same price. MR. FLATLEY: All I'm saying is that if we look at our numbers, compared to Severn Trent, we have to add 31,000 to Severn Trent to make them comparable. MR. CAREFA: Over and above? MR. FLATLEY: They come in with 184,000, plus 31. MR. CAREFA: I have one more question if we're finished. MR. DORRILL: Yes, sir. MR. CAREFA: Presently, I looked over the paperwork for Severn Trent. We have like some three GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 I • 1 $45,000 a year, is not here permanent. 2 How would you handle a problem whereby we would 3 like to rearrange the three and have one permanent, 4 in addition to having somebody here to answer the 5 phone? We don't have anybody to answer the phone of 6 the CDD. 7 MR. DORRILL: If you read carefully my written 8 proposal to you, I highlighted that. I'm going to 9 be honest with you, your field manager, as 10 designated in a line item in your budget, he spent 11 two - thirds of his time last year in the Florida Keys 12 for a municipal city management contract that he had 13 with the City of Marathon, and on other CDD clients 14 in Broward County. 15 So you've got a field manager, you're paying a 16 field manager. Your field manager, whoever that 17 individual is, he's never here. He's been in the 18 Florida Keys, he's been in Broward County most of 19 the past year. 20 And I applied the same logic to your landscape 21 supervisor and his cost - shared electricians that is 22 in there. I would like for you to consider -- at 23 about a $50,000 savings to the district, I would 24 like for you to consider a full -time landscape GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 49 1 you need a full -time spraying supervisor, why they 2 couldn't be one and the same, as is the case at 3 Lely. 4 And you absolutely have to have a full -time 5 designated security and access control supervisor. 6 But the field manager thing I don't understand. 7 Because of the way I'm going to be more involved 8 here hands -on, the landscape supervisor is cost 9 shared in the two districts at Pelican Landing and 10 even conceivably Gateway, I think we need a better 11 approach, and I frankly think it's time for you to 12 be a little more independent that way. 13 MR. FLATLEY: You're saying we need a full -time 14 manager here for all of our landscaping services? 15 MR. DORRILL: In spring. You have a separate 16 cost center in the budget information that I 17 reviewed. 18 MR. FLATLEY: You're bringing up one of the 19 areas I wanted to ask you about, which is the shared 20 services. For example, I don't remember the numbers 21 exactly, but -- 22 MR. SMITH: Electrician -- 23 MR. FLATLEY: But say John Banover is our 24 director of landscaping. We pay half of his salary? 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 S 6 7 8 9 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 16I 15 so MR. FLATLEY: Almost 60 percent. Okay. Now, you want to bring in a full -time landscaping director, that means our costs are going north. MR. DORRILL: He's shared with -- MR. FLATLEY: He's shared. What about people like John and the other shared services? For example, the street sweeper, that is used in other places, the electrician, he's used in other places. How can we work that out? MR. DORRILL: My full -time landscape supervisor at Lely, he's been here since 1992, we have a staff meeting every week. He is also the electrician and he is also -- and holds a license, and I don't know Mr. Hanover, I have never met him. MR. FLATLEY: Banover. MR. DORRILL: Sorry. I'm just saying we ought to explore that, but I'm not big on cost sharing with other districts. My question would be ultimately whose payroll is he on? If they are charging you 50,000 and they're charging two districts at Pelican Landing 50,000, and also Gateway, 50,000, there is not a landscape supervisor in the world who's worth $200,000. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (2.39) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 they are being charged at the other places. MR. DORRILL: Nor do I. MR. FLATLEY: Neil, what about the other shared services? For example, the electrician, he works in several other places. MR. DORRILL: My landscape supervisor performs the electrician services primarily for the street lights, because those are not maintained by the county. We maintain our own street lights and our own up lighting. MR. FLATLEY: So do we. MR. DORRILL: My supervisor does that, and on the rare occasion that we need an electrician, we do that on a case -by -case basis. That happens very infrequently at Lely. MR. FLATLEY: What about irrigation director? MR. DORRILL: I have, as part of my landscape crew, the 15, I have two irrigation technicians that are on staff, and they are employees of mine. We don't subcontract any irrigation. MR. FLATLEY: I'm saying our irrigation director is paid here. He's also paid by somebody else, just like John Banover. MR. DORRILL: I'm telling you that doesn't make GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 I Boq 1 MR. SMITH: Neil, I've probably known you for 2 what, since 1979, '80, through Don? 3 MR. DORRILL: When I first came. 4 MR. SMITH: I came in '79, too, and I got to 5 know Don pretty well. My question is, you're a very 6 knowledgeable person, I've known you, but what 7 worries me is what happens if you get sick for a 8 month? To me, you're almost like a one -horse 9 outfit. You say you can do this and do that. What 10 happens when you expand? 11 You're going from two major communities to 12 three major communities with some smaller 13 communities in there. How are you going to keep up 14 with all this? Because if you come with us, it's 15 going to tax you, or you're going to have to have 16 somebody different. 17 MR. DORRILL: I told you I intend to hire 18 employees. I intend to hire a second executive 19 assistant before the end of this calendar year, if 20 we're successful and fortunate enough to manage this 21 community. 22 But I am going to be personally responsible. 23 We're not going to have, hopefully, a field manager, 24 not going to have all these different -- and I think 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLCRIGA TELEPHONE: (239) 774 -4414 53 1 will talk to my other clients, they'll tell you that 2 Neil handles things and anticipates problems, as 3 opposed to waiting month after month after month, 4 because your district manager, tomorrow, is going to 5 be in Orlando or Palm Beach or Pasco or Hillsborough 6 County. 7 I think we'll do a better job on a daily basis 8 by being five minutes away and being on -site and 9 being more hands -on and wanting your supervisor's 10 1 account. 11 In the event I get hit by a Krehling cement 12 truck on my way home the first night after I'm hired 13 as your district manager, the designated 14 responsibility to see you through the replacement of 15 me would be Danny Osborne. Danny does not have a 16 20 -year background in public administration, but he 17 does understand public finance. He, more than 18 anyone, understands your financial condition, your 19 books, and if there were a transition period, if I 20 get sick for a month or something like that. 21 But I think that is an issue for the board. I 22 think it's a valid question. It has not been a 23 question in my other districts, because we do such a 24 fine job on a day -by -day -basis in- house. �•' ui:�SiOeV YA9i'� GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 54 1 staff? You are going to do landscaping in- house, 2 landscaping, electricity for lakes and different 3 things are all going to be in- house. Are you going 4 to try to pull part of the staff that's already here 5 or are you going to bring in all new staff to fill 6 this thing? 7 I understand you're talking about on security 8 would be out of house, which I have no problem with, 9 because I think maybe that's the best way to go. 10 MR. DORRILL: These are policy decisions, and 11 if you talk to the ladies and gentlemen at Lely 12 Resort, they'll tell you that Neil has been very 13 keen to give advice, but not personal opinion or 14 1 preference. 15 I think, in fairness to the people who are 16 here, since I don't know any of them, there would 17 need to be probably a 90 -day assessment period, and 18 have me then come back and propose organizational 19 changes that I saw were fit or more efficient in 20 order to keep people at the accountability level 21 that I think you deserve, because you're paying top 22 dollar. 23 MR. FLATLEY: But the problem if we switch and 24 leave Severn Trent and go to you, for instance, 25 ' n to ,Tnhn RnnI i7T 7 uo 1 - -i.� GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16T 1 oa " going to stay here for 90 days part -time. Who's going to fill the slack until you bring people in? MR. DORRILL: In the event that he quits, and this is a question, I don't believe that he is an employee of Severn Trent. MR. BROWN: He's an employee of the CDD. MR. DORRILL: He's an employee of the CDD. MR. SMITH: A part -time employee. MR. DORRILL: Yes, but he's on the payroll and there is a billing arrangement to back charge the other benefitting districts. My understanding is that he will remain through and could conceivably even want to be considered if we increase the part -time hours here to make that a full -time position, and then eliminate the field manager's position or combine and eliminate the spray manager's position. I'm just telling you there is some economy, but in fairness to you, in fairness to me, it would probably take me 60 to 90 days to come back and give you a professional recommendation. MR. BROWN: This is something the board has wanted for some time now, a full -time guy here. MR. CAREFA: In connection with John Banover, I GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 56 rein I M 1 But just commenting on that where I have that 2 asterisk regarding John Banover in that article, if 3 you will, it says here that your management company 4 plans to work with an outside manager to be trained 5 to assist in all job site functions, and to serve as 6 a backup for your company and our communities. 7 MR. DORRILL: As is the case at Lely, I would 8 prefer to work with a full -time, on -site landscape 9 manager, as I do at Lely. That's my preference. I 10 don't know Mr. Banover, and I would like to assess 11 his professional abilities, and his leadership 12 abilities for the reason that I stated. 13 I'm not opposed to making him a full -time 14 employee of Dorrill Management Group, who is only 15 involved here at Pelican Marsh, at your discretion 16 because again, that's a policy issue. 17 Whether you want him on my payroll and directly 18 accountable to me, but exclusively managing the 19 landscape crew here, or whether you want him to be 20 on your payroll and responsible to me to manage the 21 landscape and the spraying program here, would be my 22 recommendation. So the short answer is yes, and 23 I'll take it either way that you prefer. 24 MR. SMITH: One more question. Neil, you have 25 ZTPY "T Tnaq f-4trc - f -.I__L ---3 __ - -- i - - - -- GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -44.14 57 1 resume. One thing you left out was Stadium Naples, 2 and I know that's probably a sore point with you, 3 but it's still back there. Do you want to comment 4 on that? 5 MR. DORRILL: I'm glad you asked and I prefer 6 that you ask the question rather than me trying to 7 incorporate it. 8 In the 25 years that Sherry and I have been in 9 town, and through the whole Stadium Naples issue, 10 our company was investigated by the Florida Ethics 11 Commission, the State's Attorney, the Florida 12 1 Department of Management Services and the Governor's 13 Special Prosecutor. 14 And I personally have been absolved of any 15 wrongdoing and, in fact, had all adjudication 16 withheld at the end of the day as part of a hearing 17 that I had negotiated with the Governor's Special 18 Prosecutor. And the Special Prosecutor is on record 19 at the hearing before the Judge as saying, based on 20 what he knew at the end of the investigation, that 21 Neil Dorrill had not done anything wrong, and in 22 fact, tried to thwart wrongdoing when he uncovered 23 it. 24 Those are his words. In fact, I have a letter 91 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 -5 I Florida that summarized my particular role. 2 Having said that, I also want to say this. The 3 other people, being a part of our company, 4 ultimately had all of their charges dropped and /or 5 entered into plea agreements for misdemeanors. 6 But any wrongdoing associated with county 7 government or elected county officials, at the 8 conclusion of this whole thing did not put any blame 9 on me, or frankly, the other people who own the 10 company, the people that I've been employed by. 11 MR. BROWN: I thought you got two years 12 probation? 13 MR. DORRILL: I entered in a plea agreement in 14 order to get the hearing before the Judge, the 15 adjudication hearing. I voluntarily agreed to a 16 period of probation that has now been cut in half, 17 but I did that at the time that we knew that we were 18 initially going to be charged, and that is correct. 19 MR. SMITH: But that's over with now? 20 MR. DORRILL: Not quite. 21 MR. SMITH: Okay. 22 MR. BROWN: Thank you very much, Neil. 23 MR. DORRILL: Thank you. 24 MR. BROWN: We're going to have to move on so 25 -mini GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 59 1 reconvene with Rizzetta and Company. 2 (A recess was taken at 11:05 a.m. and the 3 meeting reconvened at 11:15 a.m.) 4 MR. BROWN: The meeting will be reconvened. 5 Mr. Rizzetta is the presenter. 6 MR. PIRES: Take a few moments to go through 7 the scoresheet for the first presenter as to the 8 four categories there as to what points you believe 9 are appropriate in each category. 10 There's an error at the top of the page. I 11 think that at the top of the portion, change that. 12 It should say 18. Thank you. 13 MR. CAREFA: Tony, you want these handed back 14 to you? 15 MR. PIRES: At the end, yes. 16 MR. SMITH: You've got two more. 17 MR. CAREFA: All right. 18 MR. BROWN: All set? Let's go, Bill. 19 MR. RIZZETTA: Thank you. For the record, Bill 20 Rizzetta with Rizzetta & Company, 343 Caldwell 21 Avenue, Tampa, Florida. Good morning to all and I 22 appreciate the opportunity to be here. 23 In the amount of time I have brought simply an 24 original version of our company profile that I would 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 &� 1 our original submittal, but these are the pretty 2 versions. This is just the company profile. What I 3 just handed out is just our brochure which talks 4 about all the services we provide, where we are at 5 our client basis, et cetera. 6 MR. FLATLEY: For the record, this is already 7 part of his proposal without any new or additional 8 material, just a separate document at this time? 9 MR. RIZZETTA: Yes, sir. Thank you. 10 (Interruption by serving staff.) 11 MR. BROWN: Okay, let's go. 12 MR. RIZZETTA: Thank you, Mr. Chairman. Again, 13 my name's Bill Rizzetta. I had the pleasure of 14 meeting some of you but not all of you and we 15 appreciate the opportunity to be here and present 16 today. 17 In terms of my presentation, as you can see I 18 was going to do it on maybe a little different 19 basis. We provided you some of the materials in our 20 submittal and provided you a copy of our company 21 profile. What I want to do is talk briefly about 22 myself, our company, our philosophy, what we do, how 23 we do it, the services and staff and support that 24 will give you an idea of who we are and what we do, 25 w i l l t r a y- k n I - f- - iF -1, -. ,- v - -- - . I- - - - - - -- - GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 61 1 profile, and certainly we'll open it up for 2 questions. 3 We can cover a lot more material in responding 4 to questions than trying to do a formal 5 presentation, quite frankly, and having me trying to 6 guess what questions you might have. 7 By way of a brief background, we started back 8 in 1986 as a firm providing financial advisory 9 services to community development districts. We did 10 some other general financing work, as well. About 11 1998 or so, in that time frame, we also added the 12 district management function. We began slowly 13 entering in that arena. 14 Today we offer the full range of services with 15 respect to community development districts, from 16 establishing a district when a developer has a raw 17 piece of land, they want to evaluate whether or not 18 infrastructure makes sense to make it a CDD. 19 Through that analysis all the way through the 20 process, preparing the petition, appearing at local 21 public hearings or the state. If it's one before 22 the Governor and Cabinet, that's fine, or if it's 23 before the Florida Commission. 24 We have a financial advisory side of our 25 tha frnnt- of nii-r r,r mr, =— +- GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774- -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16T I R Z- " shows on page 1 there is a graphic that generally shows outlines for services that we have. Once our districts are established -- MR. FLATLEY: If I may, Mr. Rizzetta, pardon the interruption. I notice that you mentioned you had today even on page 1, there are updates on the bottom financial section that have different numbers. MR. RIZZETTA: You are absolutely right. Those numbers have been updated. MR. PIRES: We'll go with the original RFP. MR. RIZZETTA: That's fine. I'll verbally give you some of the updates then, if that's appropriate. MR. FLATLEY: That's okay. MR. RIZZETTA: That part of our proposal is the same in terms of the services. But again, we provide the full range of services from establishing. Once a district is then established, we'll assist in the financing side. I have a practice separate side of our house, the financial advisory, FA side, staffed by professionals also and the management service staffed by professionals. The accounting department at the present time are all qualified in government GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 63 1 The theory of what I did in terms of expanding 2 my practice was add both proverbial one stop 3 shopping. If you like what we do on the FA side you 4 will like what we do, I believe, on the management 5 side, et cetera. 6 If there is a problem, there's an issue, it's 7 not where someone has to call one office for one 8 piece of information, perhaps another office for 9 somebody else. Internally, we'll figure that out. 10 You remember the one phone number; it's up to us to 11 get the answer. If somebody has to walk across the 12 hall and talk to somebody on the financial side or 13 talk to somebody on the accounting side, we do that 14 internally. We believe it's a more efficient way of 15 doing it. 16 Along to that end, we have staff professionals 17 in all areas. Currently we have 33, I believe it 18 is, full time people, of which seven of those are 19 dedicated full -time to our homeowner association 20 management practice. 21 Again, it's actually marketed under a separate 22 company, so in terms of the community development 23 districts, we are 25 or so. The number is 24 fluctuating because we are in the process of hiring 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 64 1 We've gone through a substantial amount of 2 growth in the last three years, and frankly, our 3 business challenge now is finding good, qualified 4 people to bring in, but that's not new to anyone 5 else. 6 The leader in terms of the people is my 7 comptroller, Stacy Thomas, who continues to come in 8 and say I need another good qualified accounts 9 payable person, et cetera. 10 In terms of the district management side, Pete 11 Williams is the one who heads up our management 12 practice. He has four -- he right now has three 13 full -time managers working for him. 14 One point of clarification I do want to for the 15 record indicate: I believe in terms of our original 16 proposal and presentation, Brian Lamb's name is 17 included in here. I know everyone knows him; he 18 used to be here and he is currently an employee of 19 ours. He has, however, submitted his resignation as 20 of last week and is moving on to other things. 21 So I want to make sure the board understands 22 that. That if you've known Brian from before and 23 truly, if he had chosen to stay, we would have 24 assigned him to this district. We didn't want the 25 n maim nn�, r7o ,, 1__ GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (23 9) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 gy he would be here. We are sorry o see 1i - go but he's got some opportunities in other areas. We wish him a lot of luck. We have two people starting next week and so we'll be getting them up to speed. Pete Williams is the senior man. He's been with me almost six and a half years now, I think. I think we built our building around him; that's the way it always seems. So he's the man that you will see from day one, and then, of course, we'll have other managers. I like to do that because it's important that there is some backup. We have that same philosophy in all of our areas. In our accounting area we have staff accountants, we are organized, we discuss this ownership property, that ownership of your district. So each staff accountant has between 12 and 20 that they are responsible for doing everything with it, but each of the staff accounting all do the same things for their district. So if somebody is out sick, on vacation or whatever, the whole world doesn't stop; there is backup. The other staff accountants know how things work; they can jump in and do that. We do it across GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) i74 -4414 M 1 Each manager is assigned their account. Pete 2 Williams oversees all of them. They are all done 3 uniformly. If someone is out and /or on vacation, 4 you shouldn't see any noticeable difference. Things 5 will get done even without them. We even did that 6 with our administrative assistants. 7 Here's where we may be a little different than 8 others. We hire highly qualified administrative 9 people. They are not just answering the phone, they 10 don't just give a call to a manager. They actually 11 do things. They are there, they understand the 12 process. By virtue of them transcribing the 13 minutes, they know probably about how much is going 14 on with the meeting with the board and the property 15 as the manager does. 16 These are frontline people that solve probably 17 50 or 60 percent of the phone calls themselves. If 18 it's a matter of following up with a landscape 19 problem request from a Board member, whatever. 20 If you talk to the administrative office you 21 are talking to a person who they can do things. 22 They cannot answer certain things, but it's more 23 than saying someone's not available, give me your 24 phone number and I'll have him call you back. 25 ' GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 in( areas; that is all kind of the underlying philosophy. We sell service. We're a service company. I'm sure you've heard that before. I believe that. Ours is a unique industry, as you all know. The only thing we have to sell is service; the only thing I have to sell is my name. We're very proud of our client base, as you see in our material. We've shown a map for you of the state showing some of the properties that we have I on I believe page 7 in our submittal, which shows you where some of our properties are located. This -- again, at the time we submitted, we could update it. Now I believe currently we are over 53 district that we are actively managing. I believe at the time we did our submittal we were at 45, I believe is what we had. MR. SMITH: Are they all CDDs? MR. RIZZETTA: Yes, sir, they are all CDDs. We have, I think six more that are in process now. I just came back from Tallahassee last week; we got two more approved at the state level and we've got another hearing next week for two additional ones,. plus a number of new ones coming through. So by the Pnd of the 1�rnl-hahl� ha at t-ha ti(1 liii r GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 1K WIN range. Again all CDDs, all that we are managing. MR. FLATLEY: 60? MR. RIZZETTA: 40. In addition to those, I believe in this submittal we had 30 -some additional clients that we act as financial advisor for, and that number has grown also in the last couple months. I think we are now over 45 additional clients that we are also doing financial work for. We are managing our growth; it's taking up some of our time. It's a good problem to have. MR. CAREFA: What is the status, Bill, of Ave Maria? They are our neighbors, that's what interests me. MR. RIZZETTA: I'll be able to tell you the status of Ave Maria after tomorrow. I'll be back down here for a meeting with the client. The legislation was approved, the bill was enacted, and we have -- at 2 o'clock tomorrow we have a planning session, a meeting. MR. FLATLEY: That was a particular concern of mine. If you are going to operate Ave Maria and growing the way you are, and Brian Lamb, who was well - connected here is not with you any longer, seems to me like you're going to be stretched very GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 M 1 MR. RIZZETTA: Sure. On Ave Maria, we are the 2 financial consultant, we are not the manager of that 3 particular district. Pete Pimentel has the 4 management contract for that. 5 MR. FLATLEY: Who has it? 6 MR. RIZZETTA: Pete Pimentel. 7 MR, FLATLEY: What are you doing, just advising 8 them on their financial positions? 9 MR. RIZZETTA: We're the financial advisor, 10 yes, sir. We'll work with them on the financial 11 structuring of the bond, how the assessments will be 12 allocation and levied and collected over time, et 13 cetera. This, again, is our finance advisory 14 practice. 15 MR. SMITH: What groups do you manage in 16 Collier County? 17 MR. RIZZETTA: We have in Collier County -- 18 right now, we do not have one that we are actively 19 managing. We have a presence here with three 20 financial clients, Hawks Haven, which is just north 21 of here in Lee County is the second one that's being 22 approved by the state next week. We are managing 23 that client. 24 Up in Charlotte County we have three others: 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 70 1 Bay was the one we got approved by the state last 2 week. 3 MR. FLATLEY: Let me ask you a question, 4 something that concerns me big time. We have a lot 5 of shared services and personnel here. How would 6 this operate if you were to come in here and manage 7 it? What I'm referring to is our landscape director 8 works for us and gets so much salary from us, and he 9 works for another community also. Same thing with 10 the street sweeper and all these various irrigation 11 directors. How would you folks manage that 12 situation? 13 MR. RIZZETTA: I'm going to be very honest with 14 you. That's one of the things that concerned us 15 when we responded to this. Because we're 16 responsible for statements and proposals, I believe 17 what we proposed here is generally similar to what 18 you have there in terms of a shared person. That 19 however was to meet the requirements, as we 20 interpreted them, of responding to the RFP. 21 What we would rather do, if you decide to 22 change firms, the first thing we're going to do, 23 we're going to sit down and understand exactly what 24 you need, what your services are, what do you want. 25 1 r3nn ' at the c r„at i nn vn„ hat TA , ! r i,t GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 now of shared people is the best one, if that is the best economically. My best guess is that it's not. I believe we should go through and get a full -time person that's 100 percent working here and -- MR. CAREFA: I agree. MR. RIZZETTA: -- at no additional fees over what you're paying now, is what we believe. MR. FLATLEY: That's an area I wanted to explore with you big time. MR. BROWN: What are we going to get with the 197 -five? MR. FLATLEY: And then you go on to say but really and truly what you ought to do is hire a full -time person here all the time and spend another 45,000? MR. RIZZETTA: No, I think what the proposal says is we would take 45 off of our fee. MR. FLATLEY: No, it doesn't. MR. RIZZETTA: If it doesn't, I stand corrected. That's what it should say. MR. FLATLEY: It does not say that, that you're going to take 45,000 off of your fee. MR. RIZZETTA: Okay. MR. FLATLEY: That's one of the areas I 1A) : f l I F f 1 -- GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 72 2, 1 MR. RIZZETTA: That's fine. If it doesn't, I 2 believe it says it should be adjusted. 3 MR. FLATLEY: Our recommendation will be to 4 amend and propose 45,000 subsidized pay of the 5 supervisor's salary and blah, blah, blah. 6 MR. RIZZETTA: I'll admit that sentence is 7 horribly written. 8 MR. FLATLEY: It didn't come across to me. 9 MR. RIZZETTA: What it was supposed to say is 10 take $45,000 off of our contract and hire a 11 full -time person. You may have to throw a couple 12 bucks in, but at the end of the day you're going to 13 be less than what you're paying now. 14 Do I think that's exactly what we ought to do? 15 Yes. Am I prepared to sit here today and tell you 16 right now absolutely? No, because I don't know 17 enough about what level of service you need or you 18 want. We believe we understand that, but for a 19 community of this size, of this magnitude of what 20 you have here, you need a full -time person and you 21 don't need them shared by somebody else. 22 MR. CAREFA: Right. 23 MR. RIZZETTA: If you can do that, I believe 24 you could do that within -- not only within the 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16L 16 a less than what you're spending now, and get yourself a full -time employee. MR. SMITH: But more than $197,000? MR. RIZZETTA: Probably more than 197, but less than what your budget is, we believe is the allocation for a full time person. That's why I don't think that's the right way to go. MR. FLATLEY: Do you prepare the assessment roll? MR. RIZZETTA: Yes, sir. MR. FLATLEY: We presently are having that done by an outside contractor. You are going to take it in -house and that's part of the 197? MR. RIZZETTA: Yes, sir. MR. FLATLEY: Do you know Alice Carlton? MR. RIZZETTA: I know of her but I do not know her. That service she does, we would do in- house. MR. FLATLEY: I want to make sure that's included in your 197 -five, the assessment roll preparation. MR. RIZZETTA: Yes, sir. MR. FLATLEY: And the special assessment preparation? MR. RIZZETTA: Yes, sir. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JL 61 1-b a for the homeowners'? MR. RIZZETTA: Yes. Part of the reason that we can put all that together is trying to kind of -- as I said at the outset, we're a one stop shopping. We know how to do CDDs, we've gotten good people. I have some great staff; I think you'll love them. They are all driven by service, but all together, they are in the same office. Our financial guy, John McKay, runs the financial; that's under his area, the assessment roll. If he needs something in terms of what the O &M budget is going to be, he walks literally across the hall to Stacy, who is my comptroller, who is in charge for all of our districts. MR. FLATLEY: Stacy doesn't get involved in cash flow and regulation of the bonds, paying the interest on the bonds? MR. RIZZETTA: No. Well, to the extent that there is interaction with the trustee and dollars come into the accounts of the district and have to be separated between operation and maintenance, the two of them do it. That's what's so nice about that. MR. FLATLEY: The point is we're going to have that r-rnma in and SIP ra gnincl to hats to infra GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 7%4 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16I 1 K these funds. MR. RIZZETTA: Absolutely. MR. FLATLEY: Then these funds are going to have to be used for interest payments and the bond payments and debt payments. Who handles that? MR. RIZZETTA: We have included also a letter from York Investment Management. They are a firm that we hire, my firm hires, to do investment management for bond proceeds and operating account funds. Rather than taking the money and throwing it up to the FBA, where you're earning 1.2 percent, we'll actively manage it. Brent York used to work for me. MR. FLATLEY: Do they bill us or you? MR. RIZZETTA: Me. That's included in the 197 -five. We'll do that. We'll go through and evaluate what the cash flow needs, when would we need to make bond payments, interest payments, et cetera. And we sit with them and say, what is your recommendation, how should we invest, what should we do. And they are downstairs in my building. So we're really into this, again, one phone call. MR. FLATLEY: One more thing I want to ask you. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 - -4414 16-T 1 P 7 1 MR. FLATLEY: We have guardhouses that are 2 dilapidated and are poorly constructed. They don't 3 have any covering over them, so you drive up there, 4 it's raining, you're going to get wet, the guard's 5 going to get wet. 6 We have, you might say, a building which would 7 be an operations building plus storage for chemicals 8 and things of this nature that has been on the, you 9 might say, the list to do for five years or more and 10 hasn't been done. 11 How do you handle projects like that? 12 MR. RIZZETTA: The board has to give -- we can 13 go out and price things, we can give you proposals 14 for here's an improvement program, here's things you 15 can do, you can't do, the hours, how it's going to 16 affect your budget. 17 MR. FLATLEY: How do you get the guardhouse 18 cleaned up? How do you build the building? How do 19 you go about it? 20 MR. RIZZETTA: I'm not sure -- how do I build 21 it? 22 MR. FLATLEY: You are now our manager, right. 23 We want this building for our headquarters plus 24 storage facilities, fertilizer, et cetera. How do 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Ba MR. RIZZETTA: The first thing, you get your engineer. I'm not sure -- MR. BROWN: Johnson Engineering. MR. RIZZETTA: We sit down with them, spec out what needs to be done, evaluate it. You put together some specs, get it bid, determine what the cost is going to be, bring it back to the board that says now, here's the proposal. You want to rebuild it like this, make sure it matches up with the specs, here's the impact it's going to have on your assessment, your budget is going to have to go up. MR. FLATLEY: We've got the money already. MR. RIZZETTA: It's a procedural thing. MR. FLATLEY: Why would it take a long time if it's a procedural thing? MR. RIZZETTA: I can't answer that. MR. FLATLEY: It shouldn't. MR. RIZZETTA: No. We do that in many of our districts. Again, it's got to be a capital improvement program. The board says yes, this is something we want to do, you give us the direction, some general guidelines, you know, how big. It's a reasonable thing; it's procedural from that GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 ff*N- M - "190 1 1 money. 78 2 The company puts together the bids, you issue 3 an RFP, bring it back to the board, we'll make a 4 recommendation and the people that came back in, we 5 believe this is the best one. It will impact your 6 residents by either your assessments will go up by, 7 or whatever it is. 8 MR. FLATLEY: Your people have enough 9 intelligence to be able to say to the engineer and 10 to the board, you ought to have a metal building or 11 brick building or -- 12 MR. RIZZETTA: When it comes to engineering 13 things, we'll not opine on an engineering end. 14 MR. FLATLEY: What type of structure? 15 MR. RIZZETTA: Absolutely. We can sit there 16 and say, what's the building going to be used for, 17 storing this, whatever it is. We've got other types 18 of buildings in other communities, let's look at 19 them. Here's what we've done in this community and 20 give some comps. We've had good luck with this one 21 here, well, we had a metal building over there, but 22 that didn't work for this region. 23 Pete Williams, who is in the financing section, 24 that's his job to give overall direction and also 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 162 1 ea 1 years of doing this, this is what we had in the 2 other place, this worked good, here's what we had in 3 the other place and it didn't work good, so let's 4 steer away from that. 5 If the money is there for the project and you 6 tell us what you want to do, it's kind of procedural 7 again. 8 MR. CAREFA: It's a matter of need, design and 9 costs? 10 MR. RIZZETTA: That's correct. 11 MR. SMITH: Is Pete Williams, the manager, 12 going to be here to meet us each month? 13 MR. RIZZETTA: Yes, sir. He is in charge for 14 the foreseeable future, he will be the manager here. 15 Of course, again, I don't like only one person here. 16 We'll have another person. Right now, I'm not sure 17 in our office if it's Matt Campbell. 18 MR. SMITH: How come he's not here today? 19 MR. RIZZETTA: He had a family emergency. He 20 had an emergency that he had to take care of with 21 his family. And it just came up, so I do apologize. 22 MR. PIRES: Mr. Flatley has questions about 23 the building, like the maintenance building; golf 24 course maintenance facility. 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 167 1 r�� 1 order to convey the piece to the district to own the 2 piece to build the building, it needed to be 3 subdivided. The county had to subdivide it. 4 WilsonMiller was terminated, did not give 5 Johnson Engineering the formatted data, the 6 formatting. We had to start the whole platting 7 process all over again. 8 MR. FLATLEY: That took five years? 9 MR. PIRES: That's probably the problem with 10 getting that data when Johnson Engineering took 11 over. 12 Maybe Jim can talk about it more, but that was 13 one of the issues, the subdivision issue of getting 14 the material from WilsonMiller. That took five 15 years or five and a half. 16 MR. CAREFA: Your offices are going to remain 17 in Tampa? 18 MR. RIZZETTA: Our main office is in Tampa. 19 MR. CAREFA: You don't plan any offices here, 20 including when you get the Ave Maria.going, 21 whatever? 22 MR. RIZZETTA: Actually, we do. That's one of 23 the things I'm glad you brought up. Right now, 24 from -- you see from the map, our office is in 25 TAmnA WP -3 a-rA -n „r ., I ----_L - tr. - • 1. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in Volusia County, because we are getting new activity, frankly, from Jacksonville to Merritt Island. We've got an office there and staffed up and it's opening now. Our next is in Panama City Beach. We just signed our lease on that, and we are opening that lease. That's going to take a little longer because of build -out. We are fully prepared to open an office in this area, and whether it's -- exactly where it is I don't know, but as we get, as the need arises, that's our philosophy. What I want to do is be able to look you in the eye and say, you know what, we'll have an office within an hour's drive. We can't put an office every place, but within an hour's drive. If it's something that has got to come from the office this morning, it's an hour plane ride that we do all the time. So my internal planning -- we are planning for an office in this region. Exactly where it's going to be, I do not know right now. But certainly I believe you can't manage from long distance. You can't. You have to have a presence that's close by. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16T l Ba 82 have an office in every one of our communities, from my standpoint, but each of the major areas is going to be staffed by a branch office of ours. MR. FLATLEY: One thing here, the site preparation, the final approach to satisfy the committed site presence would be a field manager, local in the area. However, this position would be shared with a maximum two CDDs in the local area that is affiliated with our firm. Which two other CDDs? MR. RIZZETTA: At this point, Hawks Haven is the only other one that we had that's on our firm list. MR. FLATLEY: Then can I understand just what is it you're proposing? Are you proposing that you go and hire somebody like a John Banover, give him 35, 45, $50,000 more, and he handles it, or are you proposing the field managers come in and we share them with somebody else? MR. RIZZETTA: What my basic proposal would be, I want to look at what you need, as I told you before. I think what I would propose to you is get rid of all these shared people, fund one full -time person, because I think this community needs it, I GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 I within budget. 2 MR. FLATLEY: You think one full -time person 3 can handle landscaping and irrigation? 4 MR. RIZZETTA: Maybe it's two. What I'm saying 5 is you need full -time dedicated resources here. 6 MR. FLATLEY: I don't disagree with you, but 7 what I'm concerned about, if we get into this mold 8 might our costs go through the roof? 9 MR. RIZZETTA: Oh, in terms of additional field 10 people? 11 MR. FLATLEY: Right. 12 MR. RIZZETTA: At this point that's the 13 question I have. I don't know how many people 14 because I don't know, from what we had to respond 15 to, I don't know all the details. I don't know what 16 we really need, what we've got now, how permanent is 17 what we're doing now. To be very honest with you, I 18 could make up something, but I don't know. 19 That's the number one on our list. That seems 20 to be a need, a valid need that this board is trying 21 to wrestle with. 22 MR. SMITH: Where did you get the 197 figure, 23 then? 24 MR. RIZZETTA: We made an estimate of all the 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 1 B 84 in place, and we have an allocated figure for a part -time person included in that budget which is kind of a footnote in our presentation there -- granted it wasn't written very well -- which says take some money out, the desired amount that's out of the budget, and let's go hire a full -time person, and maybe it's two people. MR. FLATLEY: How long can you guarantee this type of a fee? In other words, we go to you, fine. Our fiscal year starts October 1st and then next October 1st you come around and say, you know, I can't make it go for 197, I need 297? MR. RIZZETTA: This is part of the proposal, guaranteed for three years. We made an estimation of what inflation is going to be. Are we right or wrong? Who knows. MR. CAREFA: About a year ago when I got on this board I was wondering about the management fees and I wanted to inquire about it by communication with you directly. MR. RIZZETTA: Yes, sir. MR. CAREFA: You and I spoke on the phone a few times? MR. RIZZETTA: Yes, sir. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 85 16T I -o 1 bid. The bid was -- and this is from your office -- 2 7 percent, $2,988 -- your bid was $150,500 including 3 a subsidy with John Banhorn. You were going to pick 4 up that difference. I have it here in writing. 5 MR. RIZZETTA: Yes, sir. 6 MR. CAREFA: Now, Bill, if you were to say 7 197,500 and you had then proposed 155. In the last 8 year, you've gone up $47,000. Can you explain to us 9 how that happened or why that is? 10 MR. RIZZETTA: Based on what I understood at 11 the time we sent you that, and I don't remember the 12 exact date. 13 MR. CAREFA: I have it -- right date? 14 MR. RIZZETTA: No. I'm saying I don't remember 15 the exact date, okay. Based on what we understood 16 at the time that was the number, and again, that was 17 not a formal bid for the record. That was some 18 general numbers that we thought might work. 19 Obviously, we've learned a lot more today which 20 is what we've included in our bid. This here I'm 21 prepared to guarantee, which was part of the 22 requirements of the RFP, we are prepared to 23 guarantee that for three years. 24 MR. FLATLEY: Clarification. Because of the 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 86 1 presentation of the RFP, October 1st is the start 2 date. And if the contemplation is successful, would 3 be starting November 1st. I'm trying to get your 4 concurrence with that concept. 5 MR. RIZZETTA: October 1st or November 1st? 6 MR. FLATLEY: November. 7 MR. RIZZETTA: I was under the impression it 8 was October 1st. No, I did not know, though. 9 MR. FLATLEY: We were talking about that today. 10 MR. RIZZETTA: Okay. Again, we'll just adjust 11 our number. That's fine. I didn't know that. 12 MR. BROWN: Who would be sitting in on our 13 monthly meeting? 14 MR. RIZZETTA: Well, you would see Pete 15 Williams as the head manager. You would also see 16 another manager. At this time, I will tell you 17 honestly I don't know which one we would assign. 18 MR. BROWN: So you would have two people 19 sitting at our meetings? 20 MR. RIZZETTA: Initially, yes, sir. 21 MR. BROWN: You have an Operational or General 22 Manager? 23 MR. RIZZETTA: It would be -- I look at it more 24 as a senior manager and junior, I guess may be a 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 87 1 MR. BROWN: Would this guy from Hawks Haven be 2 the one that's possible? 3 MR. RIZZETTA: Yes, sir, because we try to, in 4 terms of when we do our allocation of resources, we 5 do some geography, as well, and get the person down 6 knowing the same things. Who that person is right 7 now, I can't tell you. 8 MR. BROWN: Hawks Haven, where else does he 9 work besides Hawks Haven? 10 MR. RIZZETTA: Right now, as far as the 11 management, he's going to be taking over the two 12 that are just over that Heritage Park and Lake Park, 13 and when Tern Bay comes on line, he's going to be 14 doing that, as well. That's all in the same general 15 quadrant. 16 MR. BROWN: What was Brian doing when he was 17 here or with you? 18 MR. CAREFA: He's gone. 19 MR. BROWN: I know he will be gone, but what 20 projects was he doing? 21 MR. RIZZETTA: You know, I can't remember all 22 the ones, but he was concentrating more in the 23 Hillsborough County and Pasco County area. He moved 24 up there, lived there with his significant other, I 25 wav t-n niit i t _ _ r,r t- },;,„ -- +1,o GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16:1 R 7. record -- and he wanted to minimize his travel. So we tried to accommodate him by minimizing his travel. The Heritage Oak Park, Lake Park, are ones done by Pete Williams. MR. BROWN: You believe security should be in -house or out of house, most of your security? Do you try to do it yourself or do you farm it out? MR. RIZZETTA: It's split about half and half. In some of the districts security is done by off duty Sheriff's department. It's different than here. Some we have full -time security people similar to what you have here. There are some pros and cons. If you outsource it you don't have to worry about absenteeism. If somebody is sick and out they have to provide a person. The down -side to that is it takes a lot to train a security person in terms what you can say, what you can't say, this is a public road. If they are here and on staff we have a little better shot at getting them trained in the right area. If you can outsource some of it, you get the advantage of having more backup. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 think pretty much I wanted to kind of identify for 2 you who we are, what we believe in. We're fairly 3 proud of our company profile. We've got a number of 4 very, very large clients of similar types to this 5 community. 6 We've made great relationships with a lot of 7 our clients in the form of they go off and do some 8 additional deals and they continue to use us. We 9 take that as a compliment. 10 Some of the largest home builders in the 11 country D.R. Horton, who just took over number one 12 home builder, is a client of ours. We're getting 13 ready to start another project down here for them -- 14 and I just forgot the name; Valencia Gardens, I 15 think. Don't quote me on the name. 16 So again we're very proud of that fact. We 17 work for them out of this office, out of their 18 office in Orlando and in Tampa. We kind of believe 19 in that. 20 If we sell a client and he likes what we do, 21 then when he goes to the next project he's going to 22 pick up the phone and call us, and hopefully, we'll 23 continue to do a good job for him. 24 That's what we're about; we're about the 25 ' _cin GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 l8z 90 Pete Williams, or whoever is in our office, is not going to sit here at this board and say here's what you have to do. We're staff to you; we understand that, I understand that. We'll advise you, we'll recommend. We'll defer to Counsel to keep us out of legal trouble. But if the board chooses to do a project, be it a capital improvement project or whatever it is, believe me, we understand that. We're not going to walk all over it. We are going to tell you if the board's attempting to do something, to do the right thing, we'll tell you. We'll try to deliver it nicely; it will be professionally delivered for sure. It's not going to be yes all the time. MR. BROWN: Any questions from the audience? MR. WALKER: Gordon Walker, Ravenna. I was wondering if you were familiar with the apparent -- the practice the state has which permits public boards such as this to include their requests for quotations to tag along with other government agencies? MR. RIZZETTA: In terms of -- MR. WALKER: Equipment. MR. RIZZETTA: RFPs? GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (2 39) 774 -4414 91 1 MR. FLATLEY: If you want to buy a truck, for 2 example? 3 MR. WALKER: Yes. 4 MR. FLATLEY: So we don't have to go negotiate 5 with a dealership. 6 MR. RIZZETTA: Yes. There are some 7 efficiencies for you to do that if you don't have to 8 go through the whole process. 9 MR. FLATLEY: Also, we get the best price? 10 MR. RIZZETTA: That's exactly right. You get 11 the best price and you don't have to go through all 12 the hassles. 13 MR. FLATLEY: One question about that. 14 MR. RIZZETTA: We have not purchased a lot of 15 equipment, so I'm trying to remember the last time 16 we actually did that. 17 MR. WALKER: So to be with equipment it could 18 be with certain supplies? 19 MR. RIZZETTA: Yes. 20 MR. FLATLEY: I'm curious about the financing 21 of something like that. If you do this, in other 22 words, you have to put the cash on the barrel or can 23 you get into some sort of a lease - purchase 24 arrangement, which we've done in the past? 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 92 1 you need that, then you do the financing and decide 2 is it better to buy or better to lease. You 3 separate the financing decision. If you're going to 4 buy do you do a special assessment, do you include 5 it in the next budget, go to the bank and borrow 6 money. What is the project, what are you going to 7 do, do you have other capital projects. 8 MR. CAREFA: You stated your company has got 9 some 60 communities. Roughly, approximate? 16 MR. RIZZETTA: Yes, round numbers, by the end 11 of the year. 12 MR. CAREFA: What would you say Pelican Marsh 13 and the comparable would be Tiburon, which one would 14 be comparable? How long have you been with them and 15 can you tell us if you can with all those, what the 16 management fee is? 17 I understand that 60 is a lot. My question is 18 that you have a guarantee for three years. We just 19 wonder in the background what community would be 20 comparable, to make my point clear, and what are the 21 fees and how long has it been? 22 MR_. RIZZETTA: Comparable, WCI has a community 23 called Water Leaf just up in Manatee County. Are 24 you familiar with that? It's a nice, up -scale golf 25 _rnmmiinity T11c A4 ter, -;,-.t -- +- „.,1.1” �,.._ GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ibI 12 a golf course in there, which we would not recommend. MR. CAREFA: Right. MR. RIZZETTA: Owning golf courses is a bad thing. Fishhawk Ranch is a very, very large development in South Hillsborough County, no golf course, but a large, large amenities center. We've got trails, we've got a water theme park for the kids. Really very, very nice. So in terms of highly amenitized. Certainly, Pelican Marsh in terms of housing price is above that, but in terms of the amenities packages, those are two that come to mind that are on the upper side. Preserve at Wilderness Lake. As a matter of fact, that might be one we included in here. Northwestern U.S. theme, lodge, more trails, lake and all of that. Those are some that are comparable to this. In terms of the actual fees, I can't off the top of my head quote what those fees are. I will tell you that the fees we quoted here, because we're having to guarantee it, we've made some estimates of what inflation is going to be. So there we have the opportunity every year to GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 18z" if we are experiencing significant increases in labor and things, we have an opportunity to go back to the board at that time. Here, with the requirement RFP was guaranteed fixed fee for three years, we've made those estimates. They may prove to be high or they may prove to be low. If they go up higher, then I lose. MR. CAREFA: Things that occur -- I'm picking one -- exotic plants that's been done specifically by WCI. We have 200 acres of area and it's $100 an acre to do it. If that slipped through the cracks would that be an extra or is that inclusive? MR. RIZZETTA: No, that would have to be an extra. MR. CAREFA: So therefore, that would be an extra that we know we haven't had to deal with, and if there is anything else that I don't know how you are going to conclude what is included and not included seems a little complicated to me, and we stand to get extras along the line. MR. RIZZETTA: Depends especially if you go into a new program. Ours is based again on our best knowledge of what is going on here. This proposal was a little different than any GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 FAT 1 2a 1 asking for a guaranteed fixed fee for a three -year 2 time frame, okay. 3 We hesitated, I'll be honest. We talked about 4 it long and hard because we can do a good job. I 5 know we can do a good job. We can give you the 6 service and we can do all that, but if somebody says 7 you got to fix my fee right now, we have to step 8 back and look at it and we have to make some 9 estimates. 10 MR. CAREFA: Well, in regards to that, Bill, 11 with your experience and your company, what could be 12 different here? Our roadways, our lighting, our 13 trees, our ponds, our landscape, whatever we do. 14 What could there be? 15 MR. RIZZETTA: Level of services is the biggest 16 thing. You may -- again, we don't know this board, 17 don't know the expectations of this board or the 18 community. In some communities if a tree limb is 19 dead, they expect something done within 24 hours. 20 Others, they say we've requested the tree limb needs 21 to be cut down and if you can have a level of 22 service that says within three or four days that 23 will get taken care of, that's one thing. 24 It's depending on level of service. Do you 25 1 PZTPI r1f cap -tri n „ooA- — L,. -.-- .-.,...> 4 c __ GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EW644 that's going to take more resources, it's going to cost more. That's probably the biggest single thing that is going to affect the pricing. How many calls come into the office requesting change order services. And that's something that, to be honest, we don't know. MR. HILL: Don Hill, Watercrest Community. I think the count was we have 43 or 44 salaried full time employees here with the district. The management company handles the payroll and all the benefit management and the pension program. What's your opinion on the alternative of going the employee leasing approach? MR. RIZZETTA: I'll give you the best -- it depends. Employee leasing has some advantages. A lot of people went to employee leasing because they get a better insurance rate. That's out the window; that doesn't work. It depends whether you've got 43 full -time people working here. Why don't you outsource it? We have a lot of questions. We've done a number of analyses on a lot of our districts. Some of them have thought we ought to outsource all of that, not just through employee leasing, but all outsources. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 97 161 1 a 1 sick. 2 Those are the kind of things I can't give you a 3 specific answer right now, because I don't know a 4 lot of the background. That's what we'll bring to 5 the table, ask those questions and give you some 6 analysis. Not tell you here's what you do, we'll 7 tell you how you should analyze that project and let 8 us go through that budget in detail and look at what 9 level of service do you want and how much does it 10 cost. 11 It's pretty simple: Lower the level of service 12 or raise the revenue to do more. If there's a third 13 alternative, I'm not smart enough to figure it out. 14 MR. BROWN: I guess we're going to have to call 15 this to a halt and we really appreciate your 16 presentation. Thank you. 17 Let's take a five minute recess and we'll 18 reconvene after that. Severn Trent will be our next 19 presenter. 20 (A recess was taken.) 21 MR. BROWN: We'll reconvene our session. The 22 next presenter with be Jim Ward from Severn Trent. 23 MR. WARD: Thank you, Mr. Chairman. I guess 24 good afternoon now, instead of my good morning line. 25 inci nllr firm t-ha nr,rn ri nr,; t> GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 W 25 161 j6Z to present our credentials to you today with respect to our expertise in both management and financial advisory services for the Pelican Marsh Community Development District. We are clearly proud of the services that we have provided to the district since its establishment, and we are very excited about renewing our relationship with you in the future. Pelican Marsh represents a prime example of community development districts in this state, with its ability to fund and construct infrastructure, its ability to provide operating and maintenance services to its residents. Our firm has had the enviable honor of working with such fine communities as Pelican Marsh over the years, and we would like nothing more than to be able to provide that service in the future. In the way of some background with respect to who we are, we have been in business for over 30 years, since the early 170s. We have over 100 plus years of experience with the principals in our firm. We have done over $4 billion in capital bond issues over that period of time, and currently represent over 200 special districts and municipal GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -44:4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 •. the Goliath of firms that pr ovf "-ser�i�s,�and the most experienced in terms of its management skills and the depth of experience that we have in the provision of these services. We are certainly responsible in terms of some of our background for founding this industry and creating the system through our attention to the needs of our clients. We have monitored legislative changes that have affected our clients, and have participated in almost every major legislative evaluation since our firm's inception, including the passage of the legislation called Chapter 190 for the use of community development districts in this state. This, along with 30 years of experience in the special district endows us with the inviable position of the most knowledgeable and best equipped firms to handle your needs for Pelican Marsh. Our experience is unbounded both by political or regional boundaries. Our clients are located throughout the state. Wherever there is the need for special district governments, you will find our presence across the State of Florida. Locally, we have an extremely strong record of GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 100 1 two decades. Our firm has worked closely with local 2 governments through district creations, interlocal 3 agreements, operations, budgetary and statutory and 4 other requirements. 5 Our personnel serving this area remarkably have 6 maintained and increased in numbers, showing the 7 strong commitment of our people to those 8 communities. 9 Severn Trent provides contract services related 10 to the establishment of the finance, management, 11 operations and administration of local governments 12 throughout the State of Florida. Our experience and 13 the options that we have provided to you indicate 14 that we have over 100 combined years of experience 15 in this state with respect to the services we have 16 provided. 17 We are capable of expanding and continuing the 18 customized services that we generally provide for 19 our services. We have a reputation in the state for 20 innovation in the services we provide either 21 operationally or from a financing perspective. We 22 have initiated over $4 billion in bond issues 23 throughout the State of Florida. 24 From a finance perspective, our firm was Fes" GREGORY COURT REPORTING SERVICE:, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 16-1 1 Ra 101 1 financing and accounting procedures that are used in 2 governmental agencies and specifically for special 3 districts. we have experience both in fund 4 accounting. With me today is Karen Ellis, our 5 assistant director of financial services, who has 6 been with me for a number of years now, who handles 7 a majority of our accounting work on both Pelican 8 Marsh and many of the other clients that we have. 9 We have a full staff of accounts payable clerks 10 who assist in the preparation and paying of all the 11 bills, an accounts receivable department, a payroll 12 and benefits department that handles all of the 13 payroll associated with those districts, such as 14 Pelican Marsh, who have on -site personnel, and the 15 benefit packages associated with them. 16 We have a staff of purchasing individuals who 17 handle nothing but that assistance and ensuring that 18 we bid these projects properly for bidding purposes 19 under the statute, and to ensure most that the 20 governmental agencies which we represent get the 21 best prices and the best services for those that are 22 provided to it. 23 We are capable of assisting in our general 24 fixed asset accounting, which you all know we are GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 102 1 GASB 34, our fixed asset work. 2 Clearly, from a bond financing and bond fund 3 management perspective, we are the leaders in that 4 we are recognized across this country by all of the 5 bond investors who invest in community development 6 districts as the premiere firm who supplies the 7 management and assessment services necessary for 8 compliance with your trust indentures and statutory 9 compliance under current Securities and Exchange 10 Commission Rules with respect to those. 11 Clearly within the state, I am considered one 12 of the experts on the statutory compliance 13 requirements under Chapter 190, and the various 14 other statutes that we are required to comply with 15 as a governmental agency, and have been qualified as 16 an expert in most of the circuit courts around the 17 State of Florida with respect to both management and 18 financial advisory services provided to community 19 development districts. 20 I've established a system of internal control 21 policies and procedures with respect to our finance 22 and accounting department that no other firm can 23 compete with in terms of ensuring that your assets 24 are protected, your funds are protected over time U'7 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (23.9) 774 -4414 103 1 assessment roll billing, which is required for all 2 of the districts that we provide. 3 From an administrative perspective, the next 4 couple of slides that we'll talk about are 5 administration and public records. These are what I 6 consider some of the most important things that are 7 required for governmental agencies to do. You find 8 them in larger governments such as cities or 9 counties. You don't necessarily find them, because 10 of the lack of resources that the smaller firms have 11 with respect to provision of these services, but the 12 administration of all of the kinds of documents that 13 you have, whether we call it lien requests, when 14 someone sells their home and we have to provide them 15 an estoppel letter that indicates what the amount of 16 the assessment is on their property and ensure that 17 that's correct, to be able to do easement forms and 18 service requests and contract processing or 19 information or recreational requests are some of the 20 most important things we do behind the scenes that 21 most people do not see that we are capable of 22 providing through a number of individuals who have 23 clear expertise in all of the services that we 24 provide to our clients. 25 Frnm A nithl i r c -- ---- GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 16I tRz 1 another area that is one of the most important 2 things that governmental agencies must comply with. 3 Most of you have heard both Tony and I talk ad 4 nauseam about the public records law, the Sunshine 5 Law. 6 The document system far exceeds most others you 7 will see across the state, including most other 8 cities and counties. We use an electronically based 9 system that essentially ensures the complete 10 retention of all of your documents from the 11 inception of service with that client, whether 12 that's inception of the district or sometime later 13 than that, through the time that we leave the 14 district, if ever. 15 But under the current records law, your 16 documents are required to be retained under certain 17 criteria the state puts out. We have a comnl_ete 18 system that ensures the integrity of those records, 19 that they are maintained over time, and that you and 20 your constituents have full access to those when 21 needed during the life of the district itself. 22 Our firm also has the enviable ability to 23 deliver services for the past 30 years to our 24 clients. We have grown to include, as I mentioned GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 105 1 Florida. Capital funding for these clients has 2 exceeded over $4 billion in financing. 3 Directly with respect to Pelican Marsh is one 4 of the districts that we have been involved with 5 since its inception, including the various bond 6 issues that we see on the screen. 7 Our direct experience with Pelican Marsh 8 includes the establishment of the district in 1993, 9 and the five separate bond issues during the decade 10 of operations, the maintenance experience which 11 continues through the present day. 12 Our local reputation here in Collier County 13 extends 23 plus years. One of the first districts 14 that I actually was involved with was the prior 15 Pelican Bay Improvement District overlying the 16 Pelican Bay Community, now called the Pelican Bay 17 Services District, which is a dependent district of 18 Collier County, Port of the Islands, Key Marco, 19 Pelican Marsh, and both districts, Heritage, 20 Heritage Greens, Mediterra, South Mediterra, North 21 District, Village Green, the Tuscany Preserve 22 Community Development District, to name some of the 23 districts that we work with. 24 In Lee County, we have over 19 years experience 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (229) 774 -4414 106 A 1 was the Gateway Community Development District, but 2 also for the Bay Creek, Bayside, Brooks, Brooks II, 3 Bonita Springs, Habitat District, Heritage Palms, to 4 name a few of the districts in Lee County that we 5 currently work on, along with Stonybrook, which 6 includes a golf course, University Square, Veranda 7 West District, Pelican -- I'm sorry -- Park West, 8 Miramar Lakes and Miramar. 9 So there's a ton of local reputation and a ton 10 of experience in a number of districts in both Lee 11 and Collier Counties that we have represented. We 12 retained the districts because of the depth of the 13 experience and quality of work that we provide to 14 them, and we continue to this day to provide that 15 kind of depth of experience to all the districts 16 which we represent in Collier and Lee Counties. 17 In terms of our personnel, our West Coast that 18 I mentioned earlier justifies our firm's premier 19 standing. The experience level is extensive. I 20 have over 24 years of experience in this business, 21 beginning in 1980 with the firm, one of the original 22 owners of the firm, along with two other 23 individuals. 24 Chuck Adams has over 19 years of experience 25 11 M ri ; rPf, r i -k 7 Toro -„ +-1,- T.7- -.3- GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 107 16T 1 RA 1 DeCocq has two years of experience with our firm, 2 but 15 years plus progressive experience with local 3 governments and the State of Florida. 4 1 And Sam Kissinger has been with me for years, 5 has a lot more experience than I do in terms of 6 local governments, cities, primarily cities along 7 the West Coast, East Coast of Florida, and northern 8 parts of this country. 9 From an administrative and finance perspective, 10 one of the other original partners of our firm, Dawn 11 Holiday, has 23 years plus of experience. She 12 handles most of the administrative and recording and 13 secretarial work for many of our districts. Her 14 expertise is beyond reproach when it comes to things 15 such as advertising for board meetings, meeting the 16 advertising requirements for hearings for special 17 I assessments, for notice requirements, for a variety 18 1 of issues. 19 1 John Pelty, who is the gentleman sitting in 20 front of me, has been with me over 22 years. He 21 started in Pelican Bay with me, now is located in 22 our main office in Coral Springs. John's 23 responsible for handling a lot of our web -based 24 operations, and a lot of our administrative work 25 1 that' GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 L 9 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16I 1 aa 8 operational. Katie Session (phonetic) is one of my administrative assistants, has 12 plus years experience as a certified municipal clerk in the State of Florida, and handles more of the technical side of the public records laws that we have here in the State of Florida to comply with, including the electronic retention of records law requirements, disposal of documents, and retention of documents. Katie is a valuable asset that I use very frequently when it comes to understanding some of the very minute details that most of us don't have to worry about on a day -to -day basis when it comes to documents. Karen Ellis, as I mentioned, she was my assistant director of financial services for five years now. Karen has taken on progressive responsibilities in terms of our finance department; currently heads that department for me, along with probably, I want to say, 15 additional accountants and other staff that she is responsible for. And Michael Sepanowitz (phonetic), who I introduced you all to earlier, is the gentleman who handles a lot of my budget preparation work for us, GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 109 16S 1 Ba preparation of the revisions to your budget that you saw for this year, to make it more user friendly, understandable to your residents and to yourselves. And Michael is responsible for handling all of that work for us. In the way of some additional information, our philosophy has actually been to apply business practices to local governments to allow the use of many economies of scale that you don't normally, typically find in smaller, local governments. We have the expertise of the big boys, but brought down to local level. It requires funding levels by local governments, much less than what you would otherwise be able to afford if you had to hire those people on a full -time basis. We are able to deal with the peaks and valleys that occur in governmental agencies in terms of resource allocation and usage. We supply the right staff at the right time in order to ensure that your services are provided in a manner which is consistent with what your community desires are, and also to allocate those resources. For example, last week, during Hurricane Charley, we took a number of behind the scenes GREGORY COURT REPCRTING SER'V'ICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4419 110 1 what was coming through the Collier and Lee County 2 areas, along with a dozen other communities up along 3 the West Coast. That's resource allocation. We 4 have the staff necessary to do it. We can apply it 5 at the right time. We do apply it at the right 6 time, and we do it in a manner that is most 7 advantageous to the board and the residents that we 8 work for. 9 In summary, we have services that are client 10 optimized. Our goal is to ensure that we provide 11 you the best service for the fairest price. We have 12 the ability to implement those services immediately. 13 We have the depth of experience necessary to provide 14 those services beyond anyone else, and we are 15 clearly the industry leader in the provision of 16 services to local governments here in the State of 17 Florida for the last 24 years. 18 With that, my presentation is finished, and 19 I'll certainly be glad to answer any questions that 20 you may have with respect to our presentation. 21 MR. FLATLEY: Who are the two people in the 22 middle again? 23 MR. WARD: I'm sorry. Michael Sepanowitz is my 24 budget director, and Karen Ellis is director of 25 r•iAl GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774_9414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 111 MR. SMITH: We know the others. MR. WARD: Yes. MR. FLATLEY: The sheet that Michael sent me the day before yesterday, there's an area there under GF001, general fund one, accounting services. We're not charged anything at all for accounting services for general fund one, yet, we are charged $11,900 for accounting services in general fund two. Why would we be charged in two and not in one? MR. WARD: It's in the management fee in itself, 001. MR. FLATLEY: It's in the management fee? MR. WARD: Yes. We would be glad to break it out, but there was no reason to do that. The original contract, I believe, had it in the management fee, and left it there over time. MR. FLATLEY: So you do it in one, but not in two? MR. WARD: True. MR. SMITH: The field management service, you have 59,000, almost $60,000. Why can't we get a full -time manager at that? MR. WARD: Well, you know, if I could actually find somebody to work for those kind of numbers, I'd GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 112 1 market that we are in, from an experience 2 perspective, to find the quality of the individual 3 such as Chuck Adams or the people we have on the 4 East Coast, I'll tell you the salaries are much, 5 much higher than the numbers that are shown there. 6 In addition to that, it covers some of our back 7 end work with respect to the purchasing activities 8 that are required to maintain a field operations 9 office or field office to assist in some of the 10 contract work that we do as a result of field 11 operations. Not all, just one person. It usually 12 is a resource of people that includes someone like a 13 Chuck Adams, you know, the administrative staff to 14 support him, the accounting staff to support that 15 kind of operation, the contract people that we have 16 to have in order to help do the bidding process on 17 field services when you have an in -house operation. 18 So it's a conglomerate of information that you all 19 are required to keep. 20 MR. SMITH: How many other places does Chuck 21 work besides here? 22 MR. WARD: I'm not actually sure. He probably 23 does, along with a number of other staff. 24 MR. FLATLEY: We all know your firm and 25 , GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 113 1 you have excellent people, but the reason we're 2 sitting here today is because for the past year or 3 so we have not gotten the service that we think 4 1 we've deserved. 5 Now, you've come in with a presentation that 6 basically says everything's going to stay the same 7 as normal, the same as it has been. Jim, that's not 8 going to do it, because we feel we're paying top 9 dollar, which we are, and we are not getting the 10 1 service that we need. 11 Now, I've said it before, and I'll say it once 12 again -- where did he go, Chuck Adams? He was here. 13 I think Chuck Adams is a very well - qualified person, 14 and he's very good, but he's never here. And this 15 is the situation we've presented ourselves with. 16 This is why we're sitting in the room today and you 17 just blow right through that. 18 Jim, it can't work this way. I know you are 19 well-qualified- I know your people are good. I 20 know we're paying top dollar, looking at the other 21 proposals, but we don't get any service. 22 MR. CAREFA: I think the thing is we need 23 cooperation regarding somebody here, Jim, full -time. 24 This is what we need. We have several part -time % e'% A, I &%TANCErmu GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1]gz, 1 know what I mean, because we're paying pretty good 2 top dollar, but it's frustrating for us not to be 3 able to talk to anyone, call anyone, or get 4 somebody. I mean, you call in, and you're on the 5 telephone, you got five or six choices and you've 6 got to wait for someone. 7 A community this size, I think we need 8 cooperation regarding getting someone here, and how 9 are we going to do it? That's the problem. I think 10 you can work that out. 11 MR. WARD: Okay. 12 MR. CAREFA: We have, I don't know, three 13 part -time people, do we have, Jim? 14 MR. WARD: We have two part -time. 15 MR. CAREFA: I thought we had three part -time 16 people. 17 MR. WARD: Actually, they are all full -time 18 individuals, you just share. 19 MR. CAREFA: I mean, working for us, working in 20 our community. 21 MR. WARD: I understand. I think there's two 22 of them, an electrician and a landscape supervisor. 23 But I think it's not appropriate to characterize 24 them as part -time. They are full -time individuals. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 115 1 was, frankly, intended to ensure that we keep the 2 costs at what they are. The savings to you for 3 those two individuals alone and the associated 4 equipment is about 70 some -odd thousand dollars a 5 year, if my memory serves me correctly. 6 So as long as the community is willing to pony 7 up, so to speak, for the additional funds necessary 8 to fund the position full -time, I don't think it's 9 problematic to do it, but you're going to pay more 10 for people at that point. 11 MR. CAREFA: I mean, if you restructure it, I 12 don't know what we're paying. I understand it's 13 some pretty heavy numbers, Jim, and I mean, all due 14 respect, I mean, we're not going to be able to 15 replace you, we're not going to be able to, not at 16 your level, we're not going to do it. 17 But the idea is there are things we want, and 18 we're not getting cooperation. We want somebody. 19 How can we get somebody here full -time? That's what 20 we want. How can we do it? 21 MR. WARD: Allocate the resources to do it, and 22 you can have somebody here full -time. 23 MR. CAREFA: Well, what about if we budget, if 24 we take it from the people that we're paying. What 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16T:1aa" am#—" like the term, part -time. I use part -time, because they are here part -time. MR. WARD: Let's just, you know, I'm sure, and I'll use one of my competitors as an example. In the Lely project, there's an individual who is a landscape supervisor, the same level as John Banover, who makes as much, if not more than John Banover does on a full -time basis, working for that one community. I know him. I know him well. He's very imminently qualified. John Banover came from the same company that that individual did. John Banover, for example, is an extremely well - qualified individual. And if you want to hire John Banover full time, that's not a problem. We can do that. But we've tried to take that kind of a resource and use the expertise that we have here, and spread that resource among a number of communities for the benefit of all of the residents in the districts we manage, including Pelican Marsh. I don't necessarily ascribe to the concept, frankly, that a full -time person is essentially necessary in these communities, because it's sort of myopic in its view. You tend to not give them the GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 117 1 in order for them to grow. 2 The retention within these communities is 3 shorter, and as a result of that, they don't 4 actually have the ability to grow as an individual 5 in their jobs, and as a result of that, the quality 6 of the service tends to narrow itself down somewhat 7 over time. That's been my experience in 24 years in 8 this business. 9 So as a result of that, the people, such as 10 these landscape supervisors or aquatic supervisors 11 or whatever they may be termed, we tend to try to 12 give them a little bit more breadth of experience, a 13 little bit more ability to get paid a little bit 14 more than they might otherwise get paid working for 15 another community, but still keep the service levels 16 equal to or better than what you would otherwise 17 1 get. 18 But as I said, that's a personal preference, my 19 personal opinion on the way things are. I don't 20 have a strong opinion about it. I have an opinion 21 about it in order to try to save you money in order 22 to try to maintain your asset base correctly and 23 maintain your assessment levels correctly. 24 However, if that's not what the desire is, then 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 71-14 -4414 118 1 A-r , nn 1 accommodate that. 2 MR. CAREFA: What would be the problem with 3 John Banover, training him? I mean, we've talked 4 about John Banover. He's here. He's a 5 well- educated guy. He has a home here five or ten 6 minutes from where we are. I mean, what would be 7 the problem, what would be his duties that he 8 couldn't handle if we train him? 9 You got to train people. I've been in business 10 all my life. You have to train people. No one 11 comes to my company and says to me, I'm totally, loo 12 percent qualified. Nobody is that qualified. Not 13 everybody is Jim Ward. I'm giving it to you 14 straight. 15 I mean, somebody has got to be trained. So why 16 can't we train Banover? I can't understand what 17 your insistence is about not doing it. This is a 18 stumbling block with us here, and like Bill Flatley 19 says, the reason we're here in this room is because 20 of that very thing. 21 MR. WARD: I think you're here in this room for 22 other reasons. That's my personal opinion. Let's 23 put it on the table. I have a very strong 24 personality. I believe in what I'm doing. I argue 25 M v nni„t - GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 119 1 disagree with you on this board, and I disagree with 2 those of you in this audience, and that's fine. 3 In addition to that, we had some extremely 4 rocky starts, none of which have been my fault with 5 respect to this pump station or this landscaping 6 perimeter program, although I sat in the seat as 7 manager. There are other consultants sitting at 8 this table who should take some responsibility for 9 what they do. Whether that's Mr. Pires or Mr. 10 1 Johnson or Mr. Means. You fill in the blank, but 11 1 I've taken the brunt of that difficult -- the last 12 difficult year. 13 I've taken the brunt of the difficulty of me 14 trying to assign this project to James, which has 15 not worked well. I have taken the brunt of the fact 16 that I got rid of Brian Lamb, who was an incompetent 17 individual and started this process. That's fine. 18 If that's what you all want, go there. Have at it, 19 boys and girls, have at it. 20 But the fact is, in this industry, the quality 21 of the work that we provide is unparalleled. The 22 quantity of the services that we provide for the 23 cost that you pay is unparalleled. If you want 24 someone sitting in the seat of operations manager :gym GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 120 1 1 I've got to hire somebody to do that, and scope the 2 services down. 3 If you're asking me whether John Banover is 4 qualified to take over that seat, the answer is no, 5 he's not, and I'm going to tell you he's not 6 trainable to the point of actually getting there, 7 because there is too much administrative work behind 8 1 Chuck Adams or John Banover necessary to get these 9 districts operating correctly. 10 I I have at least a dozen laws that I have to 11 keep abreast of at any one moment in time, including 12 the purchasing requirements of the statute and how 13 to do things. I don't care to end up on the wrong 14 side of that law, or the wrong side of you all with 15 respect to all of those issues, and so I do my very 16 best to ensure that we provide the best level of 17 services. 18 If that's not what you want, you want a 19 full -time manager, fine, hire a full -time manager. 20 That's not me, by the way. 21 But the fact of the matter is, the services 22 that I provide in terms of quality, and quantity of 23 services, the level of services, and the depth and 24 breadth of the experience, there isn't anyone else 25 i n f h i _ ht7.inacc wlie� A- --... i--. .___ - L - - T GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 121 1 can, and I'm sitting here arguing vehemently to keep 2 this project as a client of mine. It's a 3 strategically important client. 4 I like working with this -- believe it or not, 5 I actually do like working for you all, and I enjoy 6 the debates. It's important for you all 7 democratically to understand where these communities 8 are going, have been, and need to go. If we need to 9 modify the way in which we do business, I don't have 10 a problem with that. 11 MR. SMITH: Well, Jim, what can we compromise? 12 I don't think we need a full -time person here. It 13 wold be nice to have a full -time person, but it 14 would be too expensive, as far as I'm concerned, but 15 I would like to see, you know, you've got two CDDs 16 up at Pelican Landing, you've got Fiddler's Creek. 17 Why is it we need Chuck -- he goes all the way down 18 to the Keys, all the way over to the East Coast. 19 Why can't we have somebody in the area, in Collier 20 County? Why can't you have a director of operations 21 in -- how many projects do you have in Collier 22 County now? You got four, five? 23 MR. WARD: Operational? We have 20 plus CDDs, 24 but only a handful have operations in them. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPPONIE: (239) 774 -4414 16-f 7 Pa 122 1 two that have operational programs in them. 2 In Lee County, the Pelican Landing community 3 and Gateway are the only two that have them. 4 MR. SMITH: So you actually have two in Pelican 5 Landing, though? 6 MR. WARD: It looks like one district. It's 7 two districts, but it's one community, one very 8 small -- they meet in joint session. It looks like 9 and feels like and feels like two, but it operates 10 like one district. 11 MR. SMITH: So there's no way we could have a 12 director for these three or four? 13 MR. WARD: Yes, there is a way to do that, and 14 I have no problems in bringing on additional people 15 operationally in order to assist in these districts. 16 Remember, at the end of the day, to me, it's not 17 about the number of people, it's about the quality 18 of the service that we provide to you. 19 MR. SMITH: But you can't provide that quality 20 when Chuck's down 200 miles away. 21 MR. WARD: Well, he doesn't go down to the Keys 22 anymore, so that's a big help. 23 MR. SMITH: But for the last year, he was down 24 there quite a bit, I understand. 25 MP wnnn• woi I ,- .,-,.ti 1-1 -- —.- -- , . GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16f 19A the last year was not so much. But in any event, I don't -- as I said, when I hired Brian Lamb, that was the intent. MR. SMITH: As far as I'm concerned, you can forget Brian Lamb. MR. WARD: That didn't work out. And I will tell you, and I was talking to Bill Rizzetta about this earlier. If you try to do what we do for a living, either one of us, he's a great individual, he does a good job, and he is as qualified as I am personally. But trying to find the people to do this job, train them correctly, pay them the right amount of money takes a ton of time, a ton of money and a ton of effort. It's not a homeowners' association. It's much different than that, and we operate and maintain them differently. It takes time to do that. I don't have a problem doing that, I'll be glad to do it, but I'm just going to tell you, it's going to take me time to hire someone, train someone, and get them operational. It's not John Banover. He's great in the field operationally, but there has to be someone else that has the qualities of Chuck Adams. Maybe not to that GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 i2a 1 �i� 1 r�.� 1 there in order to handle the complicated 2 administrative side of this business. 3 MR. SMITH: Before I came on the board, Chuck 4 Adams was more or less in charge here as our manager 5 or whatever you want to call him. He was here most 6 of the time. 7 MR. WARD: Chuck has grown. As I said, we try 8 to provide these guys an opportunity to grow. If I 9 didn't provide him the opportunities that I had 10 given him in order to handle more projects, he 11 wouldn't be with me today; he would be working 12 somewhere else. 13 MR. SMITH: You need somebody to come in behind 14 him then. 15 MR. WARD: I understand that. I'm willing to 16 do that. 17 MR. SMITH: It doesn't have to be Chuck Adams 18 or Brian Lamb. 19 MR. WARD: It won't be, I'll tell you that, but 20 other than that issue, I don't have a problem with 21 doing that. 22 MR. CAREFA: Jim, here's the thing. We have 23 some fat in access control. I know, I've been 24 dealing with it. We can take some money from access 25 ntrnl r o+- +---- 4-- i......__ ___ -, _ GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 6 I BA 125 with a contract. We can save a substantial amount of money. MR. WARD: Okay. Are we on another subject besides my management contract? MR. FLATLEY: Let me ask you something. Are you saying -- MR. CAREFA: Wait a minute, Bill. I have the f loor. . This is important. What I'm saying, why can't we take and go outside and get a good management company -- not a management -- but get a good company to take care of access control, give it out for contract, save us a couple hundred thousand, put a little of that money towards a good man here, and we're satisfied? MR. WARD: The direct answer to your question is yes, you get two other votes on this board to do that, and you can do it. Otherwise, the issue's dead. MR. CAREFA: And Jim, one other thing, I don't think that you should take the load for anything else, like the pumping station. I still don't understand the pumping station. I've been here a year and a half -- GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 6f- 1 MR. CAREFA: -- it's fallen through the cracks 2 I've never seen anything like it in my life. 3 MR. WARD: That's exactly -- 4 MR. CAREFA: But why should you take the brunt 5 of that? I mean, this is not right. I agree with 6 you on everything, but I disagree with you on that 7 point totally. 8 MR. WARD: Okay. I won't take the brunt for 9 that. 10 MR. CAREFA: No. You're talking about other 11 people, you're taking the brunt from other people. 12 Why? I don't hold you responsible. 13 MR. WARD: Thank you. 14 MR. FLATLEY: Because he's the manager. 15 MR. CAREFA: We're trying to work with you. 16 We're trying to say this is what we want. 17 MR. WARD: I just want you all to know. See, I 18 do this to my staff, and so y'all are doing this to 19 me. They are just having a real great time out in 20 the audience at this time. No, they can't have at 21 me. 22 Go ahead, Mr. Flatley. 23 MR. FLATLEY: Are you changing this proposal? 24 Because what you just said was you have no problems 25 I ahnilt l,r; nr,; ,,,, 4- ... L - a__ -, _ _ I _ . _ GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 9 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 127 That' s not what you say iriT kf!re . — v" MR. WARD: Oh, I don't have a problem with doing that. That's fine. I'll be glad to change the proposal to include that. MR. FLATLEY: With no increase in cost? MR. WARD: Right. MR. FLATLEY: In other words, you would bring in another Brian Lamb? MR. WARD: Maybe not another Brian Lamb. MR. FLATLEY: Another person in that category. MR. CAREFA: We don't want another Brian Lamb, because we don't want somebody fired again. MR. WARD: Trust me. Yes, I will do that. MR. CAREFA: Jim, I still haven't got an answer from you. Seriously, we didn't discuss this thing, you and I. This is hard for me with everybody here. If you and I were one -on -one, I think we could settle it like that. Why can't we do something with access control? MR. WARD: But I don't vote. You all vote. MR. CAREFA: What I'm saying, we have fat, and you know there is, in access control, a couple hundred thousand. Let's get to that point where we get somebody in here qualified to do -- to contract GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 16'� 1 Ra 1 impeccable people, five star, within a close range 2 of here, get that money, and then we eliminate one 3 or two people. 4 You don't like the word part -time, but 5 eliminate them, and get a full -time person here so 6 we have somebody to answer the telephone, and 7 somebody to work day -to -day projects, so we don't 8 have to call Tampa, we don't have to call the East 9 Coast. We have somebody here. That's what we want, 10 and we can't get it through to you. 11 MR. WARD: You got it through to me. 12 MR. CAREFA: We want something done. Let's do 13 it. 14 MR. SMITH: We're not hiring security. We're 15 hiring a manager today. 16 MR. CAREFA: But listen, the point is, in order 17 to satisfy management, we need to satisfy what we 18 want. And to satisfy what we want, I shouldn't say 19 these things to the manager, but satisfy what we 20 want, and we're all set. We know what Jim Ward can 21 do. There is no problem. 22 MR. SMITH: Jim, you're on the same three -year 23 contract the other people are, right? 24 MR. WARD: I'm sorry? 25 MP -qMTTT-T. You're bidding -- GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 � 129 y 1 1 MR. WARD: My proposal was not dependent upon a 2 three -year contract. I indicated it would be a 3 continuing contract, unless otherwise terminated, 4 but I can't provide this on a three -year contract, 5 not this quality of service. 6 MR. SMITH: If we retain you, are you going to 7 remain the primary manager, or -- 8 MR. WARD: No. I indicated that I would remain 9 the primary manager personally. 10 MR. CAREFA: Jim, what would be the next step, 11 in your opinion, to resolving what we're after, per 12 se, the access control and a manager? What would be 13 the next step, in your opinion? 14 MR. WARD: Well, let's segregate the two 15 issues. First with respect to your management 16 contract. 17 MR. CAREFA: I tie them in together, because 18 one is going to fund the other. 19 MR. WARD: Okay. 20 MR. CAREFA: I have the figures here. 21 MR. WARD: Look, I said to you two things. One 22 is, I have no problems in doing this under a 23 continuing contract basis, not on a fixed term 24 contract. I don't provide services on a two -year 25 - GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1T_ i'o 6 1 of resources to clients. 2 I'll do it on a continuing contract, and I 3 would agree to bring on an additional staff member 4 as a field operations manager, essentially, who 5 primarily works in the local area to handle the 6 day -to -day stuff required for that. 7 Part two, you want to staff operationally, a 8 receptionist to answer telephones, I don't think 9 it's required, but you got to come up with the money 10 in your budget to do that. If you don't like the 11 way the phones are handled, frankly, I can have the 12 phones answered in my offices, wherever they may be, 13 and my existing staff, which is located in Coral 14 Springs, can answer telephones for this project as 15 they do for other projects and route the calls 16 appropriately. That's not problematic at all. 17 Thirdly, if you want to deal with -- I think 18 it's wrong to bring John Banover full -time, because 19 I think you weaken him over time, but that's got to 20 be dealt with, you know, I think outside of the 21 contract, of your management contract. 22 Fourth, the access issue, you all have to make 23 the decision, and I'm going to tell ou y you know, 24 in 24 years' worth of experience and however many 25 1 H; C!t- Yi, i-- T ... .-„ - -- I GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 131 the city, this one is difficult. It always has been difficult in terms of access control. We've done it contractually. We've done it in- house, both of which have been major disasters. If you want to go back to a contract form, I don't have strong opinions about it. I really don't, because I don't think the last two years, from an access control perspective in- house, have been a success. They have been a blatant failure. MR. BROWN: The biggest impact of not being able to get, for instance, a Wackenhut, is a requirement, an insurance requirement, that they wouldn't fulfill. That's the problem. MR. PIRES: I mentioned before, it was an issue that I raised when Wackenhut raised the question about modifying the bid proposals a couple years ago different than what all of the vendors were willing to agree to submit a proposal. MR. BROWN: The real question is, can we modify that stance, and can the board then take action on it. Otherwise -- MR. WARD: I don't know what the insurance requirement was. I can tell you the insurance requirement that I remember in that spec is pretty GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 16_T 1 Ba 1 requires, Wackenhut, Kent, U.S. Securities, fill in 2 the blank, but they all provide it. Wackenhut had a 3 problem with it. It is what it is, but the 4 insurance requirement, we have got to take a look at 5 it. I don't remember what it was when we did it. 6 MR. PIRES: Part of the discussion as far as 7 where the board will go in the future as far as if 8 they decide to go to another type of service for 9 providing access control, Mr. Carefa has indicated 10 he believes there is a possible savings that can 11 help fund some other aspects of the management. 12 I'm getting concerned we're starting to cross 13 over and blur the lines of what the issues are today 14 from the standpoint of the board making a decision 15 based upon the proposers' submittals and 16 presentations for providing district management 17 services. 18 If the board wishes to, at a future meeting, 19 direct whoever the manager is to begin that 20 process -- 21 MR. CAREFA: What I don't understand from 22 Wackenhut, and I've been talking with them, and 23 they've been calling me pretty -- what happened is 24 it was required, insurance was required that they 25 ri nn1- hnv ="I-.,he --. �I- GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16T MR. WARD:. No. 1 133 MR. PIRES: My understanding is they made -- my recollection is they asserted they could not find it anywhere, but I'm not of the belief that other parties were not able to buy it. In other words, I think it was available, but they indicated they could not acquire it or were not willing to. That's my recollection without going back. MR. WARD: What you find with larger companies, a good example within my own company of 4,500 employees, under one company we have one insurance policy with one set of limits to it, and what happens in a bidding process is in the larger companies, like Wackenhut, for example, you go outside of that box, and the limits go higher. It's virtually impossible to get those limits changed, and as a result of that, some of us will not be able to bid on projects. That's fine. The government decides what they want. If you can bid on it, fine. You win some, you lose some kind of thing. In this instance, if it's an insurance issue, I don't remember the insurance being difficult. As a matter of fact, I remember it being exactly GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16j lBz '34 this state, whether they work special districts or cities or counties or whatever, provide such insurance on a regular basis. Beyond that issue, as a group, you all have to decide whether you want to continue your in -house or whatever, or not. I know, Tommy, you pushed not to -- the balance of the board has pushed to keep it that way for another 12 months. I don't really have a personal strong opinion about it. I don't want to lose my train of thought. MR. BROWN: Let's move on from the access control issue at this point. MR. SMITH: Let's get back to management. MR. CAREFA: Management is what I'm talking about, and I don't think you guys are getting the point. MR. SMITH: I get the point totally. MR. CAREFA: If we can take on access control, we have money to spend regarding additional money for management. MR. BROWN: This is something that's solely up to the board. MR. SMITH: That's a problem, after we hire a GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16f 1 86 135 MR. BROWN: Are there any further questions from the audience. Don? MR. HILL: I haven't seen -- MR. BROWN: Name? MR. HILL: Don Hill, Watercrest Community. Not having the opportunity to review the qualification package, do you have any more thoughts or comments on changing the present approach of managing the employees, such as the employee leasing option? MR. WARD: With respect to the access control program, I'm not so sure I think that would be a bad idea to handle it that way. The landscaping crews, we're actually in the middle of evaluating that, not primarily because of the health insurance or pension, but because of the Workers' Compensation issues. So I'm leaning a little bit towards doing it with respect to that program at this point, but I haven't come up with a final recommendation for the board yet. MR. HILL: So you're thinking about that for the landscaping? MR. WARD: Thinking about the landscaping. MR. HILL: What would be the issue about not thinking about it concerning the access control GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 136 1 MR. WARD: It's a different group. They are 2 much shorter retention. The benefits are pretty 3 non - existent at this point, anyway, other than some 4 health insurance issues. Even third -party leasing, 5 I have found that the costs for Worker's Comp. or 6 health benefits have not been significantly lower 7 than what we are currently paying, because of the 8 way in which we can accumulate the health benefits 9 into a larger, into the larger Florida League of 10 Cities Health group. 11 So I'm not seeing a huge financial difference 12 at this moment in time. 13 MR. HILL: What about the issue of a pension? 14 MR. WARD: Workers' Compensation, I just don't 15 have that issue with the access control people. 16 MR. HILL: So you're saying these people are 17 here on shorter duration? 18 MR. WARD: Generally, they have, over the years 19 we have had it, and I have even seen when we 20 contracted out Wackenhut, whoever, the faces at the 21 gates changed more frequently than the faces in the 22 field did on a regular basis. 23 MR. HILL: Are they staying with us for at 24 least a year or is it less than a year? 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 161 iBa 1 T-7 1 no, but we've had a very aggressive employee program 2 in the last few months to try to change the quality 3 of the person at the gate, including hiring people 4 who we're paying more money to for a lot of reasons 5 which we talked about from the last year or so. 6 So, at the moment, no, the retention time is 7 very, very short. That may change next year, Don, 8 but I can't tell that you for sure right now. 9 MR. HILL: Okay. 10 MR. WARD: Frank. 11 MR. GARAFOLO: Frank Garafolo. I just want to 12 make a comment. I don't want to extend the meeting 13 with this discussion. 14 Personally, I have no preference as to who 15 manages for the staff. I'd be very positive in 16 maintaining Severn Trent. I see some negatives. I 17 think they know the details of what's going on here, 18 which is a positive. 19 The negative is I see a resistance to change. 20 We have to change. The two areas, I think, are that 21 number one, our budget is not a fully disclosed 22 budget. I think we have to get a budget. I'm not 23 talking about adding or subtracting. I'm talking 24 about the way it's structured, to make it full 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 162 I R look at it, and make decisions if we're doing the right things to bring true value to the homeowner. We're talking about increasing home values, that's not the issue. We're talking about value to the homeowner. So we need a budget that clearly defines what's in there so the board can make a decision on that value. The second thing is besides the budget structure, is the supervision structure. Unless you have -- right now, my opinion is that the people we have managing on a part -time basis don't take the time to analyze the budget to see if it's the most efficient. If you had a full -time manager, and Jim does it for the Foundation, you can have someone who could spend the time, and make decisions with the board members as to how to become more efficient, if we're doing the right things. So I think the structure of the personnel and the staff has to be reviewed, and the structure of the budget has to be reviewed. That's my personal opinion. MR. SMITH: Jim, what can we do to reduce costs without changing the level of service if we retain GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 139 1 MR. WARD: Well, you know, first of all, 2 there's essentially three programs you have in 3 place: Access control, the operations and 4 maintenance of the management system, and the 5 operations and maintenance of the landscaping 6 program. 7 With respect to access control, I don't think 8 there is much question that if you bid it out with a 9 spec in there for personnel, you can probably reduce 10 your costs. I'm not so sure I'll go so far as what 11 Tommy is saying in terms of the dollar amount, but I 12 think you would probably see a little bit of savings 13 with respect to that program. 14 And remember that it's important, as a firm who 15 does nothing but provide contract management 16 services, I lean towards outsourcing services into 17 totality. So that access control program, if you 18 bid it, you probably could reduce some of your 19 costs. 20 I have no clue what you're going to do with 21 respect to the quality of the service that you're 22 getting out there. And with all due respect to 23 Wackenhut and Kent and Boardson and U.S. Securities, 24 I probably would like it better solely because of 25 ' GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 140 1 probably would take a lot less heat every month 2 sitting at one of these board meetings if I could 3 point to U.S. Securities or Kent or Wackenhut, and I 4 could say, hey, guys, you messed up here, you need 5 to go fix it, versus having to worry whether Paul 6 did a good job or anybody else that works for Paul 7 who did or did not do a good job. It's a lot less 8 stress on me. 9 With respect to the management system, we 10 evaluate that for every project every year, and some 11 of the projects, we outsource it, some of the 12 projects we stay in -house with it. 13 This particular one, I think, from an 14 operations perspective, is the most cost effective I 15 have actually out there right now. It is, in fact, 16 and it happens to be an in -house program in some 17 respects, and that's very good. 18 Your landscaping program, which is a very, very 19 big part of this project, a good example, the 20 benchmark is an outsource program. I forgot who 21 does it. ECI, I think, is the name of the company, 22 maybe not. And I have some projects larger than 23 Fiddler's Creek on the East Coast that we use Valley 24 Crest and ECI and God knows who else, and you 25 r,,1.7 _ _ GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 16J 1&2 141 1 sourcing basis if you wanted to look at the 2 landscaping program for purposes of outsourcing. 3 Again, I'm not overly confident of the quality 4 levels remaining relatively consistent over time in 5 an agency, but those are the two areas that I think 6 you could probably save a little bit of money, but I 7 don't know about the quality. I'm very concerned 8 about that from an access perspective and less from 9 a landscape -- 10 MR. SMITH: We want quality, but I'm looking at 11 the overall picture. What we pay you is just part 12 of the overall fees. 13 MR. WARD: From an overall perspective, if I 14 look at Mediterra projects, which happens to be the 15 developers who are doing that under a homeowners' 16 association, Mediterra, Pelican Marsh, Fiddler's 17 Creek, Pelican Bay, Pelican Landing, if you look at 18 it on a cost per square foot basis, they are all 19 consistent, they are all roughly the same number, 20 anywhere between 35 and 40 cents a square foot for 21 maintenance costs. That's where every single one of 22 them is rIght now, including this one on an in -house 23 basis. 24 I mean, could you squeeze a few bucks out of 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 192 1 It just really depends on what you want to do, and 2 where you want to go. 3 I think landscaping works well. I think water 4 management works well. I hate this access control 5 program. I wish we could just deal with that one 6 and get over that one, and let the homeowners' 7 association do it. 8 Other than that particular issue, I think your 9 programs run relatively well. 10 MR. SMITH: I'm happy with the first two, too. 11 My biggest problem, as you know, is the access 12 problem. You and I have talked about it for six 13 months, probably. 14 MR. WARD: I understand. I completely got it, 15 but the fact is, that with me trying to hire people, 16 they are difficult people to deal with, kind of 17 thing. From a budget perspective, I'm going to tell 18 you, you guys have a couple of communities you all 19 are on by Pelican Bay board, I have a couple of 20 boards up in the Tampa area. When you scrutinize 21 this budget to the nth degree, I think that's fine, 22 that's good, I don't disagree with some of Frank's 23 comments, other than the one about the lack of 24 willing to change. Obviously, I haven't been in 25 AnH hart lhnA f-i— i —A –4: GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 143 0 1 clients that I personally have in this business, and 2 not been able to change. Clearly, I'm probably one 3 of the few that have a significant ability to change 4 very quickly in order to meet it, but I will also 5 tell you, as I stated, I happen to be vocal about 6 what I think is right for the district. 7 And Tony's smiling heavily down there, as he 8 knows I have been for my whole career, but that's 9 fine, as you all are, but I'll be glad to help in 10 any way I possibly can to make the appropriate 11 changes within the organization. 12 As I said, I'll commit to hiring an additional 13 individual from a field operations perspective, 14 limit the work a bit more to get more of an on -site 15 presence, make sure they change the phone system. I 16 don't have a problem with that. 17 The access control issue, if you want to bid 18 it, let's bid it. If you don't, I don't care. Just 19 give me direction, guys, just tell me what you want 20 to do. 21 MR. SMITH: Hold on. The chair recognizes 22 Tony. 23 MR. PIKES: Just two items that came up during 24 the course of discussion and several times in the 25 ' GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 7 -14 -4414 144 1 idea of Jim said he would change his RFP and would 2 put in a full -time manager. 3 MR. WARD: No, I didn't say that. 4 MR. PIKES: Okay. I wanted to make sure for 5 clarification. 6 MR. WARD: I said I would bring on an 7 additional person, such as what we had before, to be 8 more available here locally in Collier County. 9 MR. PIRES: I just want to make sure it's 10 consistent with the RFP as submitted. 11 MR. WARD: That is consistent. 12 MR. PIRES: Secondly, Jim mentioned that, I 13 think, as to the contract in the RFP, calls for a 14 per year lump sum cost proposal of a permanent, 15 fixed contract amount. He indicated that, in his 16 RFP, they would not accept that. That language is 17 not exactly in there. 18 There's language in there that says our 19 projected fee for providing the services listed, and 20 those requested in the past is as shown in your 21 preliminary FY 2005 budget, and subject to 22 modification with future fees approved through the 23 annual review by the board of supervisors during the 24 budget review process. GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 145 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 fixed term lump sum contract. 2 I just want to make sure that's clear on the 3 record, and that's just one of the factors the board 4 can say we are no longer concerned about that, or we 5 are concerned about that, when they allocate their 6 points on the grading system. 7 I just wanted to make sure, because the 8 contract calls for fixed, lump sum fixed term 9 contract of three years. 10 MR. BROWN: Are there further questions or 11 discussions? 12 If not, thank you very much, Jim. 13 MR. WARD: Thank you. 14 MR. BROWN: The board will fill out its 15 rankings and turn them into Tony. 16 MR. PIRES: For the record also, just for board 17 members, in the addendum that I sent out in this 18 contract, it says, for clarification, the contract 19 will be continual until terminated, so Jim's 20 presentation was consistent with the RFP. Thank 21 you. 22 We are not adjourned. We're just taking sort 23 of a brief recess. 24 (Recess was taken.) 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 146 1 the procedure, I took all the numerical points that 2 were assigned to each proposer by the board on their 3 tally sheets, and gave them a one, two and three, 4 based upon that individual supervisor's ranking. 5 S.T. was ranked number one by three of the 6 supervisors. Dorrill was ranked number two by three 7 of the supervisors. So the number of top ranked 8 firm, from the standpoint of ranking, is Severn 9 Trent, receiving three number one rankings. 10 MR. CAREFA: I don't understand you, Tony. 11 MR. SMITH: Explain it. Wait a minute. If 12 Severn Trent got three number ones, who got the 13 other number ones? 14 MR. PIRES: Rizzetta got one number one. 15 MR. SMITH: All right. 16 MR. PIRES: Dorrill got three twos, the rank of 17 two. 18 MR. SMITH: What happened to the other two 19 twos? 20 MR. PIRES: Rizzetta was ranked two. Okay. 21 I'll go back and do this again. 22 As far as the ranking, Severn Trent was ranked 23 number one by three supervisors, and was ranked 24 number two by one supervisor. Rizzetta was ranked 25 nna hNr r,,,o ,,,..o, t 4 --- _, -- - - - - - , , GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 147 1 by one supervisor, and ranked number three by two 2 supervisors. 3 MR. SMITH: Dorrill was ranked what now? 4 MR. PIRES: Number three by two supervisors, 5 and number three by one. 6 MR. SMITH: Wait a minute. Do it again. 7 Dorrill -- 8 MR. PIRES: Excuse me, three -- was ranked 9 number two by three and ranked number three by one. 10 MR. FLATLEY: When do we have to make our 11 decision? 12 MR. PIRES: I think the board can make a 13 decision based upon the ranks and the consensus of 14 the board, and I think it would be appropriate to 15 make it today. I don't know what other further 16 deliberations you wish to have on this . 17 MR. FLATLEY: I don't know. I'd just like to 18 sit on it. I'd like to think about it. 19 MR. CAREFA: I agree with that. I think we 20 should. 21 MR. SMITH: I mean, we've already made our 22 decision, it looks like. According to this thing, 23 it's pretty obvious where we're coming from. What 24 we need to think about, my understanding is three 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 I Rizzetta. 2 MR. PIRES: Ranked Rizzetta number one, that's 3 correct. 4 MR. CAREFA: Wait a minute. What was the 5 fourth person -- without mentioning names, what was 6 the fourth person for Severn Trent? 7 MR. SMITH: There's only -- there's one for 8 Rizzetta and three for Severn Trent. That's four 9 people. There's only four people, Tom. You have 10 three votes for Severn Trent and one vote for 11 Rizzetta. That would be four votes. 12 MR. PIRES: Correct. One supervisor ranked 13 Rizzetta number one, and three supervisors ranked 14 Severn Trent number one. 15 MR. FLATLEY: I think, under the circumstances, 16 if we are looking at the situation the way it is 17 right now, if we don't do anything, we're just 18 moving ahead the way we are, and all I'm saying is 19 the situation like this, I think it would be very 20 beneficial if we sit on it, sleep on it, and say it 21 next month formally. Maybe somebody will want to 22 change his mind. 23 MR. SMITH: You can't change your mind. 24 MR. PIRES: Well, the ballots, you've already 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 16f 1 ga 14 1 given the rankings. And the way the RFP is written, 2 it states that the firm with whom the board will 3 select for negotiations will be decided at a duly 4 called meeting of the board, based on review of 5 scores and consensus of the board. 6 MR. FLATLEY: So you're saying it's a fait 7 accompli? 8 MR. PIRES: Not fait accompli. The board's 9 already made -- 10 MR. BROWN: The board can do whatever it wants. 11 MR. PIRES: Well, the board's made the decision 12 then. 13 MR. FLATLEY: Or can we not make the decision 14 until next month? All I'm saying is, isn't it a 15 good thing in a major decision of this nature to 16 sleep on it? 17 MR. PIRES: I think it's appropriate to make 18 the decision today. 19 MR. SMITH: How can you unmake the decision 20 once you've made it, Bill? 21 MR. FLATLEY: You may want to change your mind. 22 MR. PIRES: From my perspective -- well, once 23 again, the tabulations have been taken, and that was 24 the purpose of the hearing and the meeting today, 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 161: 7 9,7 1 presentations, the questions and answers from the 2 board, the presenters, as well as the audience. 3 MR. SMITH: My thought is, based on these 4 findings, would you put together a resolution for 5 the board? 6 MR. PIRES: For the next board? 7 MR. SMITH: For right now. 8 MR. PIRES: We need authorization from the 9 board to -- 10 MR. SMITH: If it was two to two, I could 11 understand sleeping on it for two or three weeks and 12 coming back and making a decision, but once it's 13 three to one, three board members voted for Severn 14 Trent number one, and one voted for the another one. 15 What is there to talk about now? 16 MR. PIRES: The board could have had that 17 option, but again, there is no further input that 18 would be provided, because the presentations have 19 already been made, the proposals are already in the 20 door, and there's been extensive presentations by 21 the proposers. 22 MR. BROWN: Again, would you formulate a motion 23 to -- 24 MR. FLATLEY: Motion to authorize district 25 r- niincol +-,, __l GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 151 i 1 for district management services. 2 MR. SMITH: I so move. 3 MR. CAREFA: I'll second it. 4 MR. PIRES: To bring back to the board at the 5 next board meeting. 6 MR. CAREFA: I didn't understand that 7 MR. PIRES: To bring it back to the board -- 8 part of the motion also was to bring -- enter into 9 negotiations with Severn Trent for contract for 10 district management services, and bring that 11 contract back to the board at the next board 12 meeting. The board formally has to adopt that 13 contract. 14 MR. BROWN: We're just approving negotiations? 15 MR. PIRES: Yes. 16 MR. BROWN: Then next month we'll approve the 17 contract. But we've got a motion and a second. 18 MR. PIRES: Who made the motion? 19 MR. SMITH: I made the motion. 20 MR. PIRES: Who made the second? 21 MR. CAREFA: I seconded. 22 MR. PIRES: Mr. Carefa seconded the motion. Mr. 23 Smith made the motion. 24 MR. BROWN: All in favor? 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 16Z I sL 1. 1 MR. BROWN: Aye. 2 MR. SMITH: Aye. 3 MR. CAREFA: Aye. 4 MR. BROWN: Opposed? 5 (No response.) 6 MR. BROWN: Unanimous. Can I have a motion to 7 adjourn. Is there any other business? 8 MR. CAREFA: Motion. 9 MR. FLATLEY: Second. 10 MR. BROWN: All in favor? 11 MR. FLATLEY: Aye. 12 MR. SMITH: Aye. 13 MR. BROWN: Aye. 14 MR. CAREFA: Aye. 15 MR. BROWN: We are adjourned. 16 (Proceedings concluded at 1 p.m.) 17 18 19 20 21 22 23 24 25 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 161 1 B 153 CERTIFICATE OF REPORTER STATE OF FLORIDA) COUNTY OF COLLIER) I, Kaye Gray, Registered Professional Reporter, do hereby certify that the foregoing proceedings were taken before me at the date and place as stated in the caption hereto on Page 1 hereof; that the foregoing computer- assisted transcription, consisting of pages number 3 through 152 inclusive is a true record of my Stenograph notes taken at said proceedings. Dated this 1st day of September, 2004. Kaye Gra RPR. Registered Pro essio 1 Reporter Gregory Court Reporting Service Naples, Florida 34112 GREGORY COURT REPORTING SERVICE, NAPLES, FLORIDA TELEPHONE: (239) 774 -4414 a comment [1] 44/9 a question [ 1 ] 55/4 a.m [3] 1/15 59/2 59/3 abilities [2] 56/11 56/12 ability [7] 98/11 98/12 104/22 110/12 117/4 117/13 143/3 able [15] 46/16 68/14 78/9 81/13 98/17 103/17 109/14 109/16 114/3 115/14 115/15 131/11 133/5 133/1 143/2 about [92] above [3] 5/16 47/17 93/11 abreast [1] 120111 absenteeism [1] 88/15 absolute [2] 2017 2217 absolutely [5] 49/4 62/9 72/16 75 78/15 absolved [1] 57/14 accept [1] 144/16 access [28] 25/10 25/13 26/24 45 49/5 104/20 124/23 124/24 125/12 127/19 127/22 129/12 130/22 131/ 2 131/8 132/9 134/12 134/19 135/10 135/24 136/15 139/3 139/7 139/17 141/8 142/4 142/11 143/17 accommodate [2] 88/2 118/1 accompli [2] 149/7 149/8 accordance [1] 38/11 According [1] 147/22 account [4] 17/24 53/10 66/1 75/9 accountability [1] 54/20 accountable [1] 56/18 accountant [2] 33/9 65/17 accountants [4] 17/10 65/15 65/23 108/20 accounting [28] 9/20 18/8 18/20 19/25 20/6 20/22 21/20 22/1 28/2 29/17 30/17 32/23 32/25 33/4 62/23 62/25 63/13 65/14 65/19 101 /1 101/4 101/7 101/24 102122 111/5 111/6 111/8 112/14 accounts [5] 17/21 64/8 74/20 101/9 101 /11 accrued [1] 21/18 accumulate [1] 136/8 acknowledging [1] 22/19 acquire [1] 133/7 acre [1] 94/11 acreage [1] 39/12 acres [2] 13/4 94/10 across [7] 63/11 65/24 72/8 74/12 99/23 102/4 104/7 act [2] 34/19 68/5 acting [2] 34/18 34/20 action [1] 131/20 actions [1] 109/25 actively [3] 67/15 69/18 75112 activities [1] 11217 activity [1] 81/2 actual [1] 93/19 actually [18] 63/21 66/10 80/22 91/16 92/25 105/14 108/25 109/7 111/23 112122 114/17 11714 120/6 121/5 121/25 122/4 135/13 140/15 ad [2] 19/8 104/3 Adams [9] 106/24 112/3 112/13 113/12 113/13 120/8 123/24 124/4 124/17 /9 adult [1] 11 /10 advance [1] 25/19 advantage [1] 88/24 advantageous [1] 110/7 advantages [1] 96/15 advertised [2] 4/16 7/23 advertising [2] 107/15 107/16 advice [1] 54/13 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109/6 115/7 122/14 130/3 134/20 143/12 144/7 adjacent [3] 9/22 24/9 37/17 adjourn [1] 152/7 7 a adjourned [2] 145/22 152/15 adjudication [2] 57/15 58/15 adjust [1] 86/10 adjusted [1] 72/2 administration [8] 11 /11 12/6 16/4 29/8 53/16 100 /11 103/5 103/12 administrative [13] 10/9 18/7 66/6 /2 6 66/8 66/20 103/3 107/9 107112 107124 108/3 112/13 12017 124/2 admit [1] 72/6 adopt [1] 151/12 ahem 1 Q22 148/18 aiding air [1] 36/ Airport [2] 1/23 J28C� Alabama [1] 16/5 Alice [10] 17112 18/10 20/6 22/11 29/15 47/1 47/2 47/5 47/11 73/15 all [122] alliance [5] 9/19 10 /1 15/22 18/8 29/15 alliances [1] 16/24 allocate [5] 8/9 8/14 109/22 115/21 145/5 allocated [3] 5/8 6/18 84/1 allocation [5] 69/12 73/6 87/4 109/18 110/3 allow [2] 45/13 109/8 allowed [1] 24/12 allows [2] 17/6 17/18 almost [7] 32/16 49/25 50/1 52/8 65/6 99/11 111121 alone [1] 115/3 along [15] 3/12 3/16 8/10 20112 63/16 90/20 94/20 99/15 106/5 106/22 107/6 108/19 110/2 11012 112/23 already [13] 9/17 12/10 47/3 54/4 60/6 77/13 77/25 147/21 148/24 148/25 149/9 150/19 150/19 also [42] 3/15 3/25 711 9/23 9/25 11/22 13/4 19/12 25/11 26/24 2718 27/15 27/23 29/10 29/14 31122 34/1 37/8 38/4 39/14 40/8 42/16 50/12 50/13 50/22 51/22 58/2 61/11 62/22 68/6 68/8 70/9 75/6 78/24 86/15 91/9 104/22 106/2 109/22 143/4 145/16 151/8 also -- [1] 50/13 alternative [2] 96/12 97/13 alternatives [1] 26/18 although [2] 14/7 119/6 always [3] 3/24 65/8 131/1 m [13] 9/8 15/1 16/1 17/23 17/25 21/24 23/10 24/1 38/6 52/22 72/15 102111 123/10 mend [1] 72/4 menities [2] 93/6 93/11 menitized [1] 93/9 mong [1] 116/17 mount [8] 59/23 64/1 84/5 103/15 123/ 13 12 5/ 1 139/11 144/15 nalyses [1] 96/22 nalysis [2] 61/19 97/6 nalyze [2] 97/7 138/12 id -- [2] 20/11 71/4 nnounce [1] 4/1 nual [5] 18/13 20/2 32/4 39/19 44/23 nonymous [1] 5/3 an [25] 4/22 7/20 10 /1 15/21 5/20 43/9 46/15 63/8 64/8 67/23 0/9 71/14 79/16 86/16 89/13 104/1 17/15 125/3 127/8 127/9 127110 27111 132/8 134/9 150/14 an [22] 9/13 11/5 11/8 17/15 9/25 38/14 39/1 48/4 48/5 56/22 3/11 66/22 77117 97/3 110/19 20/4 125/16 127114 128/6 130/8 30/14 136/25 swered [1] 130/12 swering [1] 66/9 swers [1] 150/1 Anthony [1] 2/7 anticipate [1] 6/3 anticipates (1] 53/2 any [38] 4/2 7/7 7112 9/13 20/5 20/8 20/24 29/12 30/1 42/23 43/11 43/12 43/14 46/14 46/14 51/20 51/25 54/16 57/14 58/6 58/8 60/7 64/25 66/4 68/23 76/3 80/19 90/15 94/24 110/19 113/21 120/11 120/25 123/1 135/1 135/7 143/10 152/7 anybody [5] 4/11 4/18 6/6 48/5 140/6 anymore [1] 122/22 anyone [6] 53/18 64/4 110/14 114/_ 114/3 120/24 anything [7] 36/15 57/21 94/17 111/6 125/21 126/2 148/17 anyway [ 1 ] 136/3 anywhere [3] 132/25 133/4 141/20 apart [1] 36/3 apologize [1] 79/21 apparent [1] 90/17 apparent -- [1] 90/17 appearing [1] 61/20 applied [1] 48/20 apply [4] 15/6 109/7 110/4 110/5 appointed [1] 12/12 appreciate [4] 9/10 59/22 60/15 97/15 approach [5] 5/22 49/11 82/5 96/13 135/8 appropriate [7] 45/12 59/9 62/13 114/23 143/10 147114 149/17 appropriately [1] 130/16 approve [1] 151/16 approved (5] 67/22 68/17 69/22 70/1 144/22 approving [1] 151/14 approximate [1] 92/9 aquatic [1] 117/10 arbitrage [1] 32/15 architect [1] 37/4 architectural [1] 24/2 architecture [1] 23/21 are [264] area [17] 37/16 41/3 65/14 71/8 74/10 81/10 82/7 82/8 87/23 88/23 94/10 100/5 104/1 111/4 121/19 130/5 142/20 areas [10] 49/19 63/17 65/2 65/14 67/1 71/24 82/2 11012 137/20 141/5 arena [1] 61/13 argue [1) 118/24 arguing [1] 12111 arises [1] 81/11 around [4] 65/8 84/11 102/16 113/25 arrangement [3] 14/1 55/10 91/24 article (1] 56/2 as [ 154] ascribe [ 1 ] 116/21 aside [1] 28/4 ask [13] 3/20 4/24 7/9 29/23 29/24 33/6 46/23 49/19 57/6 70/3 75/24 97/5 125/5 asked [2] 28/14 57/5 asking [3] 8/2 95/1 120/3 aspect [1] 79/25 aspects [4] 19/7 19/17 23/10 132/11 asserted [1] 133/3 assess [1] 56/10 assessment [24] 18/9 18/13 18/21 18/23 18/23 19/4 19/11 19/13 20/22 21/21 22/10 22/20 46/25 54/17 73/8 73/19 73/22 74/10 77111 92/4 102/7 103/1 103/16 117/23 assessments [4] 22/1 69/11 78/6 107/17 asset [4] 101/24 10211 108/10 117/22 assets [4] 12/23 13/18 23/25 102/23 assign [4] 5/15 38/15 86/17 119/14 assigned [6] 5/11 6/21 21/13 64/24 66/1 146/2 assist [5] 56/5 62/19 101 /10 112/9 122/15 assistance [1] 101/17 assistant [9] 10 /10 10/14 17/17 17118 18/1 18/6 52/19 101 /5 108/16 assistants (2] 66/6 108/3 assisting [1] 101/23 associated [4] 58/6 101/13 101/15 115/3 association [12] 12/8 13/15 39/23 40/9 40/22 40/24 41/2 41/3 63/19 123/15 141/16 142/7 associations [4] 11120 11121 39/4 40/10 assume [ 1 ] 22/2 assures [1] 118/25 asterisk [1] 56/2 at (155] attach (2] 14/11 46/6 attached [4] 5/6 42/11 42/13 43/22 attaching [2) 13/23 14/4 attempting (1] 90/11 attend [1] 4/11 attendance [1] 25/18 attention [1] 99/7 attorney [2] 10/14 57/11 audience [6] 10/20 90/15 119/2 126/20 135/2 150/2 audit [3] 38/18 38/19 38/20 August [2] 1/14 3/3 authority [1] 46/2 authorization [1] 150/8 authorize [1] 150/24 available [4] 28/21 66/23 133/6 144/8 Ave [5] 68/11 68/15 68/21 69/1 80/20 Avenue [1] 59/21 award - winning [1] 14/11 away [3] 53/8 79/4 122120 Aye [8) 151/25 152/1 152/2 152/3 152/11 152/12 152/13 152/14 0 back [28] 14/13 23/8 45/4 54/18 55/10 55/20 57/3 59/13 61/7 66/24 67/21 68/15 68/25 77/7 78/3 78/4 93/25 94/2 95/8 112/6 131/5 133/8 134/14 146/21 150/12 151/4 151/7 151/11 background [8] 12/6 29/6 53/16 61/7 92/19 97/4 98/18 99/6 backup [4] 56/6 65/12 65/23 88/24 bad [2] 93/3 135/11 balance [2] 3/11 134/7 ballots (1] 148/24 ballpark [1] 44/7 Banhorn (1] 85/3 155 bank ] 14/4 34/3 92 banke [1 34r8" banki 41 14/1 41D 46/9 Banover (20) 49/23 50/15 51/23 54/25 55/24 56/2 56/10 82/16 116/7 116/8 116/11 116/12 116/14 118/3 118/4 118/16 120/3 120/8 123/22 130/18 barrel [1] 91/22 base [2] 67/8 117122 based [18] 12/4 17/17 19/8 23/12 24/5 28/8 31/2 57/19 64/25 85/10 85/15 94/22 104/8 132/15 146/4 147/13 149/4 150/3 basic [1] 82/20 basically [ 1) 113/6 basin [2] 24/7 26/1 basis [17] 15/3 51/14 53/7 60/5 60/19 108/13 109/15 116/8 129/23 129/25 129/25 134/3 136/22 138/11 141/1 141/18 141/23 Bay [16] 16/16 40/4 40/6 40/9 40/10 40/18 69/25 70/1 87/13 105/15 105/16 105/16 106/2 107121 141/17 142/19 Bayside [ 1) 106/2 be [204] be -- (1] 86/23 Beach [3] 28/25 53/5 81/5 because [69] because -- [1] 22/12 become [2] 11/13 138/17 been [63] before [20] 7113 18/2 21/7 31/24 52/19 57/19 58/14 61/21 61/23 64/22 67/3 82/22 94/25 104/25 111/4 113/11 124/3 131/14 144/7 153/8 began [1] 61/12 begin [2] 28/1 132/19 beginning [1] 106/21 behind [4] 103/20 109/24 120/7 124/13 being [23] 4/7 6/4 13/10 13/12 17/8 19/9 20110 21/18 28/21 29/20 30/3 31/23 37/22 42/14 51/1 53/8 53/8 53/9 58/3 69/21 131/10 133/23 133/24 being -- [1] 19/9 belief [1) 133/4 believe [31] 5/13 9/23 38/12 55/4 59/8 63/4 63/14 63/17 64/15 67/4 67/11 67/14 67/16 67/17 68/4 70/16 71/3 7117 7212 72118 72/23 73/5 78/5 81/23 88/6 89/2 89/18 90/9 111/15 118/24 121/4 believes [1] 132/10 benchmark [1] 140/20 beneficial [1] 148/20 benefit [6] 9/23 9/23 21/18 96/11 101/15 116/18 benefits [5] 14/14 101112 136/2 136/6 136/8 benefitting [1] 55/11 besides [5] 39/24 87/9 112/21 125/4 138/8 best [19] 13/20 29/17 32/12 34/23 54/9 7111 7112 7112 78/5 91/9 91/11 94/22 96/14 99/17 101121 101/21 110/11 120/16 120/16 best -- [1] 96/14 B briefly [3] 15/25 30/8 60/21 118/1 1 21/20 2/ /`- better [11] 43/21 46/21 49/10 53/7 bring [17] 14/13 50/2 54/5 55/2 64/4 77/7 78/3 97/4 127/7 130/3 126/ 1 8 /10 9 8 148/23 88/22 92/2 92/2 96/17 117/16 120/25 139/24 130/18 138/2 144/6 151/4 151/7 cannot [4] 4/17 34/19 38/20 66/22 between [9] 18/22 19/23 21/1 21/5 151/8 151/10 bring -- [1] 151/8 capable [3] 100117 101/23 103/21 capital [5] 77/20 90/8 92/7 98/22 27/10 36/17 65/17 74/21 141/20 bringing [3] 49/18 122/14 126/25 105/1 beyond [4] 6/7 107/14 110114 134/4 brochure [1] 60/3 caption [1] 153/9 bid [21] 44/12 44/14 44/21 45/9 45/22 45/23 45/25 77/6 85/1 85/1 Brooks [2] 106/2 106/2 brought [4] 38/2 59/23 80/23 care [6] 37/24 79/20 95/23 120/13 85/2 85/17 85/20 101/18 131/16 109/12 125/12 143/18 career [1] 143/8 133/18 133/20 139/8 139/18 143/17 143/18 Broward [4] 14/2 21/15 48/14 Carefa [5] 2/6 3/5 44/12 132/9 bidding [4] 101/18 112/16 128/25 48/18 Brown [3] 2/3 10/15 28/16 151/22 carefully [1] 48/7 133/13 bids [4] 14/6 43/5 43/21 78/2 brunt [6] 119/11 119/13 119/15 126/4 126/8 126/11 Carlson [6] 17112 18/10 20/6 22/11 big [14] 10/15 10/18 35/11 40/2 bucks [5] 35/18 45/24 72/12 140/25 29/16 47/1 Carlton [1] 73/15 40/10 40/20 41/17 50/17 7014 71/9 141/24 cars [1] 25/12 77/23 109/11 122/22 140/19 biggest [4] 95/15 96/2 131/10 budget [36] 19/15 21111 29/19 31/19 36/24 39/19 39/21 48/10 case [7] 7/9 17/12 33/17 34/1 34/2 49/2 142/11 bill [16] 19/2 19/5 22/6 22/13 59/18 49/16 72/25 73/5 74/12 76/16 77/11 83/1 83/25 84/2 84/6 92/5 97/8 56/7 case -by -case [1] 51/14 cash [3] 74/16 75/17 59/19 60/13 68/11 68/17 75/14 85/6 108/24 109/1 110/24 115/23 130/10 91/22 cast [1] 148/25 95/10 118/18 123/7 125/7 149/20 billed [3] 2017 21/19 47/8 137/21 137/22 137/22 138/5 138/8 categories [3] 5/7 6/19 59/8 billing [5] 19/18 20/12 20/14 55/10 138/12 138/21 142/17 142/21 144/21 144/24 category [3] 5/9 59/9 127110 103/1 billion [3] 98/22 100/22 105/2 budgetary [1] 100/3 buggy [1] 35/21 CCD [1] 25/6 CDD [18] 11/24 11/25 13/5 13/12 bills [2] 33/13 101/11 build [4] 36/19 76/18 76/20 80/2 14/8 15/1 17/3 24/12 26/14 39/2 39/9 39/10 39/11 48/6 48/13 55/6 bit [9] 46/4 117/12 117/13 117/13 build -out [1] 81/8 55/7 61/18 122/24 135/17 139/12 141/6 143/14 blah [3] 72/5 72/5 72/5 builder [1] 89/12 builders [1] 89/10 CDDs [10] 11/20 29/10 67/18 67/19 blame [1] 58/8 building [16] 36/16 36/20 36/24 68/1 74/5 82/8 82/10 121/15 121/23 cement [1] 53/11 blank [2] 119/10 132/2 blanks [1] 20/18 65/8 75/22 76/6 76/7 76/18 76/23 center [5] 15/5 24/17 40/14 49/16 blatant [1] 131/9 78/10 78/11 78/16 78/21 79/23 79/23 8012 93/6 block [1] 118/18 blow [1] 113/17 buildings [1] 78/18 cents [1] 141/20 certain [3] 66/22 91/18 104/16 blur [1] 132/13 built [3] 37/1 37/23 65/7 business [15] 14/2 14/13 16/464/3 certainly [6] 61/1 81/22 81/25 93/10 99/5 110/19 board [100] board -- [2] 14/9 151/7 98/19 106/20 109/7 117/8 118/9 certainly -- [1] 81/25 board's [4] 73/25 90/11 149/8 120/25 121/9 124/2 142/25 143/1 152/7 CERTIFICATE [1] 153/1 149/11 but [146] certified [3] 9/20 17110 108/4 boards [3] 46/2 90/19 142/20 Boardson [1] 139/23 but -- [1] 49/21 certify [1] 153/7 cetera [6] 60/5 63/5 64/9 69/13 bond [13] 33/23 35/11 69/11 75/4 buy [10] 46/6 46/15 46/19 46/19 46/20 91/1 92/2 92/4 132/25 133/5 75/1976/24 chair [1] 143/21 75/9 75/18 98/22 100/22 10212 10212 102/5 105/5 105/9 buy -- [1] 46/6 buying [3] 14/11 26/18 46/21 chairman [5] 3/24 4/24 10/15 60/12 bonds [5] 32/3 34/19 73/25 74/16 buzzer 1 6/7 97/23 challenge [1] 64/3 Bonita [1] 106/3 C challenges [1] 26/20 books [2] 22/8 53/19 Cabinet [1] 61/22 change [21] 44/21 45/1 45/7 45/11 45/12 59/11 70/22 96/4 127/3 137/2 borrow [1] 92/5 both [12] 11/22 42/9 63/2 98/2 calculate [2] 30/7 43/5 calculated [1] 30/22 137/7 137/19 137/20 142/24 143/2 99/19 101/3 101/7 102117 104/3 calculation [1] 32/15 143/3 143/15 144/1 148/22 148/23 149/21 105/19 106/10 131/3 bottom [2] 30/21 62/7 Caldwell [1] 59/20 calendar [2] 18/3 52/19 changed [3] 45/3 133/16 136/21 bought [3] 36/17 45/21 45/22 call [15] 9/7 40/12 45/16 63/7 66/10 changes [3] 54/19 99/9 143/11 changing [3] 126/23 135/8 138/24 boundaries [1] 99/20 box [2] 6/20 133/15 66/24 75/23 89/22 97/14 103/13 Chapter [2] 99/13 102/13 boys [2] 109/11 119/19 114/3 114/4 124/5 128/8 128/8 called [8] 21/16 25/25 30/19 32/20 characterize [1] 114/23 charge [6] 33/19 34/5 55/10 74/14 Bradanna [1] 37/5 branch [2] 80/25 82/3 calling 92/23 99/13 105/16 149/4 [2] 44/11 132/23 79/13 124/4 brand [4] 12/16 12/19 13/14 23/14 calls Branding [1] 12/16 [5] 66/17 96/3 130/15 144/13 charged [9] 19/11 19/12 20/10 20/24 51/1 58/18 111/6 111/7 111/9 breadth [3] 116/25 117/12 120124 came 145/8 [8] 52/3 52/4 67/21 78/4 charges [14] 19/16 21/16 21/17 22/16 29/19 30/17 30/19 32/18 break [1] 111/13 Brent [1] 75/12 79/21 116/11 124/3 143/23 32/20 32/23 32/23 33/4 33/5 58/4 Campbell Brian [13] 64/16 64/22 65/1 68/22 can [1] 79/17 [85] charges -- [1] 32/23 charging [3] 34/8 50/20 50/21 87/16 119/16 123/2 123/5 124/18 can't 126/25 127/8 127/9 127111 [31] 31/6 32/7 35/21 36/14 charitable [1] 23/9 brick [1] 78/11 76/15 77117 81/15 81/23 81/24 81/25 84/12 87/7 87/21 88/20 93/19 Charley [1] 109/24 Charlotte [1] 69/24 brief [4] 11/4 11/7 61/7 145/23 97/2 111/21 113/18 113/25 118/16 C chemicals [2] 46/19 76/7 chemistry [1] 15/22 chief [2] 12/12 16/15 choice [1] 86/25 choices [2] 4/21 114/5 choose [3] 4/20 12/15 26/23 chooses [1] 90/7 chosen [2] 26/11 64/23 Chuck [13] 106/24 112/3 112/13 112/20 113/12 113/13 119/25 12018 121117 123/24 124/3 124/7 124/17 Chuck -- [1] 121117 Chuck's [1] 122120 church - related [1] 23/9 circuit [1) 102/16 circumstances [1] 148/15 cities [7] 16/10 103/8 104/8 107/6 107/6 134/2 136/10 city [5] 11/12 48/12 48/13 81/5 131/1 civil [4] 17/11 25/21 26/16 37/4 clarification [4] 64/14 85/24 144/5 145/18 clarify [1] 40/5 class [1] 37/23 classification [ 1 ] 33/2 cleaned [1] 76/18 clear [5] 4/3 44/17 92/20 103/23 145/2 clearly [6] 98/5 102/2 102111 110/15 138/5 143/2 clerk [ 1 ] 108/4 clerks [1] 101/9 client [19] 11/16 11117 1212 15/12 15/13 17/17 38/1 38/5 40/21 60/5 67/8 68/16 69/23 89/12 89/20 104/11 110/9 121/2 121/3 clients [30] 11/17 12/15 14/21 15/8 15/11 17/3 17/19 17/23 18/8 29/2 29/12 39/25 40/19 48/13 53/1 68/5 68/8 69/20 89/4 89/7 98/25 99/8 99/10 99/20 101/8 103/24 104/24 105/1 130/1 143/1 close (4] 36/5 40/22 81/24 128/1 closed [1] 38/11 closely [2] 47/12 100 /1 Club [2] 1/14 26/10 Clubside [3] 41/2 41/5 41/6 clue [1] 139/20 Coast [9] 106/17 106/25 107/7 107/7 110/3 112/4 121 /18 128/9 140/23 coded [1] 33/16 cold [1] 23/23 colleague [ 1 ] 47/11 colleagues [1] 36/23 collected [2] 29/20 69/12 collector [ 1 ] 28/6 college [5] 16/7 16/12 42/12 43/20 43/24 Collier [18] 11112 11/13 14/3 14/5 14/14 46/8 69/16 69/17 99/25 105/12 105/18 106/11 106/16 110/1 121/19 121/21 144/8 153/4 column [1] 8/11 combine [1] 55/16 combined [1] 100/14 come [21] 20/12 35/25 47/18 52/14 54/18 55/20 64/7 70/6 72/8 74/20 74/25 79/18 81/17 82/18 84/11 93/12 96/4 113/5 124/13 130/9 135/18 comes [6] 78/12 87/13 107/14 108/11 108/13 118/11 coming [4] 67/24 110 /1 147/23 150/12 comment [4] 44/9 45/5 57/3 137/12 commenting [1] 56/1 comments [2) 135/7 142/23 Commercial [1] 41/3 commission [4] 6/8 57/11 61/23 102/10 Commissioners [6] 10112 14/9 16/10 16/19 16/21 19/8 commit [1] 143/12 commitment (2] 23/4 100/7 committed [2] 28/22 82/6 commodity [1] 26/6 common [1] 12/17 communication [1] 84/19 Communications [1] 10/2 communities [26] 11/19 12/19 17114 25/24 26/4 28/18 32/13 41/18 42/9 52/11 52/12 52/13 56/6 78/18 82/1 92/9 95/18 98/15 100/8 109/25 110/2 116/18 116/23 117/2 12117 142/18 community [65] Comp [1] 136/5 companies [4] 3/7 17/21 133/9 133/14 company [33] 2111 11/15 12/5 12/7 18/18 23/7 56/3 56/6 57/10 58/3 58/10 59/1 59/20 59/24 60/2 60/20 60/22 60/25 61/25 63/22 67/3 78/2 89/3 92/8 95/11 96/10 116/11 118/11 125/11 125/12 133/10 133/11 140/21 company -- [1] 1217 comparable [8] 39/18 41/18 47/16 92/13 92/14 92/20 92/22 93/18 compare [2] 19/21 20/10 compared [5] 29/18 35/7 37/6 39/8 47/15 comparison [2] 14/8 39/15 Compensation [2] 135/16 136/14 compete [2] 27/15 102/23 competing [ 1 ] 27/9 competitive [2] 13/23 14/6 competitors [1] 116/4 complaint [1] 36/13 complete [3] 44/1 104/9 104/17 completely [1] 142/14 completion [1] 38/8 compliance [3] 102/8 102/9 102/12 complicated [4] 19/19 21/13 94/19 124/1 compliment [1] 89/9 comply (3] 102/14 104/2 108/7 comprehensive [3] 12/5 13/25 20/4 compromise [1] 121111 comps [1] 78/20 comptroller [2] 64/7 74/13 computer [9] 21/16 21/17 30/11 30/17 30/19 30/21 32/20 32/23 33/5 computer- assisted [1] 153/10 computers [1] 32/24 conceivably [2] 49/10 55/13 concentrate [1] 17/7 concentrated [1] 14/21 concentrating [1] 87/22 concept [2] 86/4 116/21 concern [1] 68/20 157 concern d [8] 70/14 83/7 121/14 123/4 / 1 145 1 concern g 35/24 concer 4 conclude [1] 94/18 concluded [1] 152/16 conclusion [1) 58/8 concurrence [1] 86/4 condition [ 1 ] 53/18 conditioning [1] 36/6 confident [1] 141/3 confirm [1] 44/5 conflicts [1] 29/11 confused [1] 19/1 confusing [2] 21/23 30/3 conglomerate [1] 112/18 conjunction (2] 23/19 25/21 connection [2] 39/7 55/24 cons [1] 88/14 consensus [2] 147/13149/5 Consequently [1] 84/25 consider [4] 48/22 48/24 48/25 103/6 consider -- [1] 48/22 considerations [1] 39/6 considered [4] 9/10 29/22 55/13 102/11 considering [1] 85/25 consistent (8) 109/21 131/25 133/25 141/4 141/19 144/10 144/11 145/20 consisting (1] 153/10 constant [1] 27114 constituents [1] 104120 construct (1] 98/11 constructed [2] 36/2 76/2 consultant [5] 17/13 18/11 22120 40/869/2 consultants [3] 21/25 32/9 119/7 consulting [1] 18/18 consumptive [1) 25/16 contagious [1] 27/5 contained [2] 15/9 15/16 contemplating [1] 4/7 contemplation [1] 86/2 contention [1] 21/22 continual [1] 145/19 continue [10] 7120 7/22 22111 22/20 23/25 34/12 89/8 89/23 106/14 134/5 continues [2] 64/7 105/11 continuing [4] 100/17 129/3 129/23 130/2 contract [49] 5/11 5/22 7/8 14/5 39/16 42/14 42/17 43/19 43/23 43/23 45/14 45/17 45/18 46/14 48/12 69/4 72/10 100/9 103/18 111/15 112/10 112/15 125/1 125/4 125/13 127/24 128/23 129/2 129/3 129/4 129/16 129/23 129/24 130/2 130/21 130/21 131/5 139/15 144/13 144/15 145/1 145/8 145/9 145/18 145/18 151/9 151/11 151/13 151/17 contracted [4] 41/13 41/16 4217 136/20 contracting [1] 25/7 contractor [3] 37/3 37/5 73112 contractors [1] 42/19 contracts [1] 46/21 contractually [1] 131/3 contrast [2] 19/21 33/5 contributed [1] 23/5 control [27] 13/11 13/12 25/13 26/24 45/9 49/5 102/20 124/23 124/25 125/12 127/19 127/22 129/12 130/25 131/2 131/8 132/9 134/13 134/19 135/10 135/24 136/15 139/3 139/7 139/17 142/4 143/17 convey [ 1 ] 80/1 cooperate [1] 46/2 cooperation [3) 113/23 114/8 115/18 copy [4] 8/18 8/24 30/14 60/20 Coral [2] 107/22 130/13 core [3] 11/16 12/24 29/2 corner [1] 24/9 corporate [4] 21/15 34/2 34/17 35/1 corporately [1] 12/23 correct [11] 22/15 22/18 35/6 35/8 39/3 58/18 79/10 103/17 132/25 148/3 148/12 corrected [1] 71/20 correctly [6] 31/16 115/5 117122 117/23 120/9 123/12 cost [18] 5/24 20/7 20/15 20/21 2217 42/23 46/16 49/8 49/16 50/17 7717 96/2 97/10 119/23 127/5 140/14 141/18 144/14 cost - shared [1] 48/21 costs [12] 20/5 22/9 50/3 79/9 83/8 83/25 115/2 136/5 138/23 139/10 139/19 141/21 could [34] 4/24 5/4 15/23 31/5 42/13 43/21 44/8 44/10 44/11 45/5 45/25 55/13 67/14 72/24 83/18 91/17 95/11 95/14 111/23 122/11 127/17 132/25 133/3 133/7 138/15 139/18 140/2 140/4 141/6 141/24 141/25 142/5 150/10 150/16 couldn't [3] 47/13 49/2 118/8 Council [1] 3/23 counsel [3] 2/7 90/6 150/25 count [1] 96/8 counties [6] 99/25 103/9 104/8 106/11 106/16 134/2 country [4] 26/10 89/11 102/4 107/8 county [58] County -- [1] 69/17 county's [2] 12/12 16/14 couple [31] 27/25 45/4 68/6 72/11 103/4 125/13 127/22 131/16 140/25 142/18 142/19 course [9] 50/25 65/10 79/15 79/24 92/25 93/1 93/6 106/6 143/24 courses [1] 93/3 court [8] 1/23 3/10 3/23 4/1 4/4 8/22 22/5 153/16 courtesy [1] 3/16 courts [1] 102/16 cover [4] 9/13 36/2 41/12 61/3 cover -- [1] 41/12 covering [1] 76/3 covers [1] 112/6 CPA [5] 7/16 20/6 30/4 38/17 46/24 cracks [2] 94/11 126/1 create [4] 12/16 13/14 23/14 23/15 created [5] 16/15 16/18 16/22 30/1840/6 creating [2] 12122 99/7 creations [ 1 ] 100/2 credentials [1] 98/1 Creek [4] 106/2 121/16 140/23 141/17 Crest [1] 140/24 crew [3] 26/25 51/18 56/19 crews [1] 135/13 criteria [1] 104/17 cross [1] 132/12 crucial [1] 24/17 curious [1] 91/20 current [10] 1211 16/21 17/17 29/18 31/11 40/20 72/25 83/25 102/9 104/15 currently [12] 13/1 16/19 16/25 23/10 40/7 63/17 64/18 67/14 98/23 106/5 108/19 136/7 custom [3] 42/8 43/18 45/15 customized [1] 100/18 cut [2] 58/16 95/21 D.R [1) 89/11 daily [2] 15/3 53/7 dais [1] 10/18 damn [1] 36/5 Danny [5] 7/15 9/17 17/3 53/15 53/15 data [2] 80/5 80/10 date [6] 711 85/12 85/13 85/15 86/2 153/8 Dated [1] 153/13 dates [1] 38/8 Dawn [1] 107/10 day [16] 7/20 10/20 11/3 17/2 17/24 28/21 29/4 52/25 57/16 65/9 72/12 105/11 106/14 111/4 122/16 153/13 day -by- day- basis[1] 53/24 day -to -day [3] 108/13 128/7 130/6 days [3] 55/1 55/20 95/22 dead [2] 95/19 125/19 deadlines [2] 38/7 38/15 deal [7] 12/15 94/16 102/25 109/16 130/17 142/5 142/16 dealership [1] 91/5 dealing [2] 44/22 124/24 deals [1] 89/8 dealt [1] 130/20 dearly [1] 15/13 debates [ 1 ] 121/6 debt [2] 30/16 75/5 decade [1] 105/9 decades [1] 100 /1 deceptive [2] 19/20 21/23 decide [5] 70/21 91/25 92/1 132/8 134/5 decided [1] 149/3 decides [1] 133/19 decision [18] 4/13 7/18 7/25 43/16 45/8 92/3 130/23 132/14 138/7 147/11 147/13 147/22 149/11 149/13 149/15 149/18 149/19 150/12 decisions [5] 15/7 54/10 64/25 138/1 138/16 DeCocq [ 1 ] 107/1 decorum [1] 4/19 dedicated [2] 63/19 83/5 defer [2] 15/23 90/6 defines [1] 138/6 degree [3] 16/3 16/6 142/21 delayed [1] 18/4 deliberations [1] 147/16 deliver [2] 90/12 104/23 delivere 1] 90/13 democrat al [ 121/7 depart m t /15 57/2 21 88/11 101 /11 1021 IRa 108/19 dependent[2] 105/17 129/1 depending [1] 95/24 depends [4] 94/21 96/15 96/19 142/1 depth [6] 99/3 106/12 106/15 110/13 116/25 120/23 deserve [3] 28/22 28/22 54/21 deserved [1] 113/4 deserves [1] 82/25 design [1] 79/8 designated [3] 48/10 49/5 53/13 designed [1] 36/25 desire [3] 12/16 13/13 117/24 desired [1] 84/5 desires [ 1 ] 109/21 detail [3] 19/16 30/15 97/8 details [3] 83/15 108/12 137/17 determination [1] 148/25 determine [1] 77/6 developer [4] 13/12 29/10 29/12 61/16 developers [1] 141/15 development [20] 1/6 1/13 3/2 11/14 12/2 18/12 23/9 37/9 37/15 61/9 61/15 63/22 93/5 98/4 98/10 99/14 102/5 102/19 105/22 106/1 did [26] 14/4 26/20 35/9 36/12 37/-, 40/6 43/17 45/21 58/8 58/17 61/9 63/1 66/5 67/16 80/4 83/22 86/8 91/16 113/12 116/12 132/5 136/22 140/6 140/7 140/7 145/25 didn't [13] 41/12 45/11 45/13 64/22 72/8 78/22 79/3 86/11 123/6 124/9 127/15 144/3 151/6 died [1] 11 /1 difference [8] 18/22 19/14 30/11 30/23 43/7 66/4 85/4 136/11 different [16] 25/6 26/11 52/16 52/24 54/2 60/18 62/7 66/7 66/25 86/25 88/11 94/24 95/12 123/16 131/17 136/1 different -- [1] 52/24 differently [1] 123/17 difficult [7] 20/9 119/11 119/12 131/1 131/2 133/23 142/16 difficult -- [1] 119/11 difficulty [1] 119/13 dilapidated [1] 76/2 direct [5] 20/14 22/13 105/7 125/16 132/19 direction [3] 77/22 78/24 143/19 directly [6] 29/3 42/17 56/17 84/20 105/3 106/25 director [11] 49/24 50/3 51/16 51/22 70/7 101/5 108/16 110/24 110/24 121/20 122/12 directors [1] 70/11 dirt [2] 37/12 37/21 disagree [5] 83/6 119/1 119/1 126/6 142/22 disappointed [1] 14/18 disasters [1) 131/4 disclosed [1] 137/21 disclosure [1] 137/25 discretion [2) 6/12 56/15 discuss [2] 65/15 127/15 discussion [6] 5/12 7120 24/10 D discussion... [3] 132/6 137/13 143/24 discussions [2] 44/16 145/11 disposal [1] 108/9 dissemination [10] 32/1 32/2 32/14 33/24 33/25 34/10 34/14 34/21 34/25 35/4 distance [1] 81/23 distribute [1] 59/25 district [63] districts [39] 16/13 49/9 50/18 50/21 53/23 55/11 61/9 61/15 62/3 63/23 74/14 77/20 88/10 96/22 98/10 98/24 99/14 101/3 101/13 102/6 102/19 103/2 105/4 105/13 105/19 105/23 105/25 106/4 106/10 106/12 106/15 107/13 107/25 116/19 120/9 122/7 122/15 130/25 134/1 division [4] 26/19 34/3 42/9 43/19 do [196] do -- [2] 29/22 127/24 Doc [2] 10/15 28/16 document [3] 8/25 60/8 104/6 document -- [1] 8/25 documents [7] 44/21 103/12 104/1 0 104/16 108/9 108/9 108/14 does [19] 4/2 26/7 35/19 38/18 51/12 53/15 53/17 66/15 71121 73/17 87/8 97/9 112/20 112/23 116/8 123/10 138/14 139/15 140/21 doesn't [10] 35/18 51/24 65/22 71/18 71/19 72/1 74/15 96/18 122/21 124/17 doing [27] 13/22 14/10 22/14 25/6 27/18 31/23 63/15 65/18 68/8 69/7 79/1 83/17 87/14 87/16 87/20 118/17 118/24 123/18 124/21 126/18 127/3 129/22 135/17 138/1 138/18 141/15 141/25 dollar [5] 54/22 113/9 113/20 114/2 139/11 dollars [5] 14/15 43/4 43/6 74/19 115/4 dominant [1] 23/15 Don [6] 52/2 52/5 96/7 135/2 135/5 137/7 don't [109] don't -- [1] 123/2 don't incur [1] 32/22 done [26] 21/7 22/24 23/21 24/3 35/22 36/15 38/9 38/10 46/4 57/21 66/2 66/5 73/11 76/10 77/5 78/19 88/4 88/10 91/24 94/9 95/19 96/21 98/22 128/12 131/2 131/3 door [1] 150/20 doors [ 1 ] 36/6 Dorill [1] 2/10 Dorrill [14] 2/10 3/8 4/8 7/9 10/6 10/21 15/18 29/6 56/14 57/21 146/6 146/16 147/3 147/7 Dorrill's [1] 4/7 down [21] 6/17 817 8/14 10 /18 36/10 41/10 43/9 68/16 70/23 77/4 87/5 89/13 95/21 109/12 117/6 120/2 121/17 122/20 122121 122/23 143/7 down -side [1] 88/18 downstairs [1] 75/22 dozen [2] 11012 120/10 drainage [2] 24/7 24/25 draw [1] 36/10 drawers [1] 36/5 drive [4] 1/14 76/3 81/15 81/16 driven [1] 74/7 driving [1] 35/21 dropped [1] 58/4 drought [1] 23/23 due [3] 7/2 115/13 139/22 duly [1] 149/3 duration [1] 136/17 during [11] 3/18 4/7 4/9 4/14 16/1 4 16/22 104/21 105/9 109/23 143/23 144/23 duties [1] 118/7 duty [2] 25/11 88/11 E each [15] 3/18 5/1 5/9 6/3 6/13 6/14 6/19 31/15 59/9 65/17 65/19 66/1 79/12 82/2 146/2 earlier [4] 25/23 106/18 108/23 123/8 early [2] 26/16 98/20 earning [1] 75/11 easement [1] 103/17 east [6] 39/12 10717 112/4 121/18 128/8 140/23 easy [2] 21/12 31/20 ECI [2] 140/21 140/24 economic [1] 23/9 economically [1] 7112 economies [1] 109/9 economy [1] 55/18 Edison [2] 42/11 43/20 effective [2] 25/17 140/14 efficiencies [1] 91/7 efficient [4] 54/19 63/14 138/13 138/17 effluent [3] 26/4 26/4 26/19 effort [1] 123/14 either [8] 31/17 41/1 41/16 56/23 78/6 100/20 123/9 125/25 elected [1] 58/7 electrician [7] 49/22 50/8 50/12 51/4 51/7 51/13 114/22 Electrician -- [1] 49/22 electricians [1] 48/21 electricity [1] 54/2 electronic [1] 108/8 electronically [1] 104/8 element [1] 32/2 eliminate [4] 55/15 55/16 128/2 128/5 Ellis [3] 101/4 108/15 110/24 else [19] 10/5 31/23 34/13 39/24 51/23 63/9 64/5 72121 82/19 87/8 94/17 110/14 120/24 123/23 124/12 125/22 126/25 140/6 140/24 emergency [2] 79/19 79/20 eminently [1] 112/25 emphasis [1] 27/17 employed [2] 17/9 58/10 employee [15] 27/17 27/17 55/5 55/6 55/7 55/8 56/14 64/18 73/2 96/13 96/15 96/16 96/24 135/9 137/1 employees [14] 16/25 17/16 26/23 27/8 41/24 41/25 43/14 47/25 51/19 52/18 96/9 113/25 133/11 135/9 enacted [1] 68/17 encumbered [1] 17/8 end [17] 6/14 6/16 6/17 8/6 18/2 52/19 57/16 57/20 59/15 63/16 159 25 2 8/1 2/.IQ 112/7 1 0/ 12 /16 [ 9911 enforce ent[i] / engagement [1] 15/1 engineer [5] 25/22 26/16 37/4 7712 78/9 engineering [7] 17112 37/14 77/3 78/12 78/13 80/5 80/10 enhanced [1] 24/1 enjoy [2] 12/21 121/5 enough [5] 31/8 52/20 72/17 78/8 97/13 ensure [6] 101/19 103/16 109/19 110 /10 115/1 120/16 ensures [2] 104/9 104/18 ensuring [2] 101/17 102/23 enter [2] 150/25 151/8 entered [3] 13/25 58/5 58/13 entering [1] 61/13 enters [1] 24/14 entire [1] 30/12 entirely [1] 10/24 entities [2] 40/10 46/3 entity [3] 26/13 46/15 46/15 entrance [1] 23/17 entry [2] 41/22 45/16 enviable [2] 98/14 104/22 equal (1] 117/16 equally [1] 13/10 equipment [4] 90/23 91/15 91/17 115/4 equipped [1] 99/17 erroneous [2] 21122 32/19 error [1] 59/10 especially [4] 24/2 26/22 77/25 94/21 essentially [4] 104/9 116/22 130/4 139/2 establish [1] 13/16 established [3] 62/3 62/18 102/20 established -- [1] 62/3 establishing [2] 61/16 62/18 establishment [4] 98/7 100 /10 100/25 105/8 estimate [4] 30/13 31/1 31/4 83/24 estimated (1] 83/25 estimates [3] 93/22 94/6 95/9 estimation [2] 19/22 84/14 estoppel [1] 103/15 et [6] 60/5 63/5 64/9 69/12 75/18 76/24 ethical [1] 15/7 Ethics [1] 57/10 evaluate [4] 61/17 75/17 77/5 140/10 evaluating [1] 135/14 evaluation [1] 99/11 even [8] 37/9 49/10 55/13 62/6 66/5 66/5 136/4 136/19 event [3] 53/11 55/3 123/1 ever [1] 104/14 every [17] 17/2 17/24 28/21 29/4 38/5 38/13 50/12 52/25 81/16 82/1 93/24 99/11 131/25 140/1 140110 140/10 141/21 everybody [4] 11 /1 35/24 118/13 127/16 everyone [3] 10/20 38/23 64/17 everything [6] 8/1 20/19 21/14 65/18 126/6 149/25 everything's [1] 113/6 E failure [2] 27/5 131/9 142/21 143/9 exact [2] 85/12 85/15 fairest [1] 110/11 fairly [2] 24/6 89/2 fi h [1] 22 25 exactly [12] 11/16 28/13 32/16 fairness [3] 54/15 55/19 55/19 fi 38/2 7/ 0/18 Ikh fi 7/12 49/21 70/23 72/14 81/10 81/21 fait [2] 149/6 149/8 fi 20 1001 91/10 126/3 133/24 144/17 Falcon's [1] 40/23 / /6 28/24 29 17 61/8 75/7 /8 2/9 example [13] 5/10 33/6 49/20 50/7 fall [1] 46/20 51/4 91/2 98/9 109/23 116/4 116/12 fallen [1] 126/1 82/12 97/25 98/14 98/21 100 /1 133/10 133/14 140/19 falling [1] 36/3 100/24 102/6 102122 104/22 106/21 exceed [2] 20/21 33/22 familiar [3] 8/23 90/17 92/24 106/22 10711 107/10 112/24 139/14 146/8 149/2 exceeded [1] 105/2 exceeds [1] 104/6 family [4] 12121 40/24 79/19 79/21 far [12] 8/2 35/19 87/10 88/25 firm's [2] 99/12 106/18 firms excellent [1] 113/1 98/25 104/6 121/14 123/4 132/6 [5] 70/22 99/1 99/18 103/10 133/25 exception [3] 3/5 19/9 144/25 excerpt [2] 1/10 5/6 132/7 139/10 146/22 farm [1] 88/8 first [20] 3/8 3/13 3/21 10 /11 2111 excess [1] 42/23 farmer [1] 10/16 23/18 28/15 36/12 37/20 37/23 52/3 53/12 59/7 70122 7711 105/13 Exchange [1] 102/9 excited [5] 9/8 10/12 28/1628/17 fat [2] 124/23 127/21 fault [1] 119/4 105/25 129/15 139/1 142110 98/7 excluding [1] 4/18 favor [2] 151/24 152/10 fiscal [1] 84/10 Fishhawk [1] 93/4 exclusive [3] 11/18 11/21 42/22 exclusively [2] 43/13 56/18 FAX [1] 1/24 FBA [1] 75/11 fit [1] 54/19 five [15] 14/23 28/7 53/8 58/25 Excuse [1] 147/8 features [2] 23/17 41/22 February [1] 25/17 76/9 80/8 80/14 80/15 97/17 105/9 executive [7] 12112 15/4 16/15 108/16 114/5 118/5 121122 128/1 fee [28] 19/4 20/3 20/20 20/2321/8 fix [2] 95/7 140/5 17117 18/1 18/6 52/18 existing [1] 130/13 21110 21/25 31/12 32/25 33/5 34/5 fixed [9] 94/5 95/1 101/24 10211 exotic [3] 41/11 42/19 94/9 34/11 34/14 34/21 35/3 38/21 71117 129/23 144/15 145/1 145/8 145/8 71/22 84/9 92/16 93/25 94/5 95/1 flat [4] 19/4 20/3 expand [1] 52/10 expanding [2] 63/1 100/17 95/7 111 /10 111112 111/16 144/19 20/23 21/25 Flatley [4] 2/4 79/22 118/18 126/22 expect [1] 95/19 feel [1] 113/8 feels [2] 122/9 122/9 fleet [1] 45/23 flexible [1] 6/3 expectations [1] 95/17 expense [1] 2012 fees [16] 20/24 21/2 21/13 21/20 floor [1] 125/8 expenses [1] 33/17 21/21 29/19 38/19 41/1 71/6 84/18 92/21 93/19 93/20 93/21 141/12 Florida [35] 1/16 1124 12/9 1312 expensive [2] 26/5 121/14 144/22 13/6 16/7 25/8 25/15 29/8 29/14 experience [36] 5/11 5/19 12/11 fellows [1] 47/4 39/10 42/16 46/1 46/13 48/11 48/18 57/10 57/11 58/1 59/21 61/23 98/25 16/8 24/6 29/6 29/9 95/11 98/21 99/3 99/15 99/19 100112 100/14 fertilizer [2] 37/13 76/24 few [6] 59/6 84/22 99/23 100/12 100/23 102117 105/1 101/3 105/7 105/10 105/24 106/10 106/4 137/2 141/24 143/3 107/3 107/7 108/5 108/7 110/17 106/13 106/15 106/19 106/20 106/24 Fiddler's [4] 121/16 121/25 140/23 136/9 153/3 153/17 Florida's [1] 45/23 107/1 107/2 107/5 107/11 108/4 110/13 112/1 116/25 117/7 117/12 141/16 field [21] 33/16 42/2 48/9 48/15 flow [2] 74/16 75/17 fluctuating 120/24 130/24 48/16 48/16 49/6 52/23 55/15 82/6 [1] 63/24 focus [1] 12121 experienced [2] 29/7 99/2 experiences [1] 28/8 82/18 83/9 111/20 112/8 112/9 focused [4] 11/18 19/24 23/7 23/14 experiencing [1] 94/1 112/10 112/17 123/22 130/4 136/22 143/13 folks [1] 70/11 expert [2] 18/20 102/16 Fifth [1] 14/4 follow -up [1] 38/6 following [1] 66/18 expertise [5] 98/2 103/23 107/14 109/11 116/16 figure [4] 63/9 83/22 84/1 97/13 foot [3] 10/16 141/18 141/20 experts [1] 102112 figures [1] 129/20 file [2] 22/19 37/11 footnote [1] 84/3 for -- [1] 31/18 explain [2] 85/8 146/11 explained [1] 30/22 fill [7] 5/4 6/14 54/5 55/2 119/10 Ford [2] 45/21 45/22 explore [2] 50/17 71/9 132/1 145/14 filled [1] 20/18 foregoing [2] 153/7 153/9 foremost [1] 28/15 exploring [2] 24/11 25/20 extend [1] 137/12 final [3] 6/20 82/5 135/19 foreseeable [1] 79/14 extends [1] 105/13 finance [7] 53/17 69/13 100 /10 100/24 102121 107/9 108/18 forget [1] 123/5 forgot [2] 89/14 140/20 extensive [2] 106/19 150/20 extent [i] 74/18 finances [2] 14/1 30/2 financial [22] 33/10 form [3] 20117 89/7 131/5 extra [4] 38/21 94/12 94/14 94/16 53/18 61/8 61/24 62/7 62/21 63/12 68/5 68/8 formal [4] 10 /11 44/14 61/4 85/17 formalized [1] 88/25 extras [1] 94/20 extremely [3] 99/24 116/13 119/3 69/2 69/8 69/9 69/10 69/20 74/9 74110 98/2 101/5 102/18 108/16 formally [2] 148/21 151/12 eye 2 29/24 81/14 110/25 136/11 formatted [1] 80/5 formatting [1] 80/6 F financing [10] 61/10 62/19 78/23 former [2] 13/1 17/13 FA [2] 62/21 63/3 91/20 92/1 92/3 100/21 101 /1 102/2 105/2 forms [2] 20/17 103/17 faces [2] 136/20 136/21 facilities [1] 76/24 find [12] 20/1 31/6 31/20 99/22 formulate [1] 150/22 Fort [3] 10/3 42/17 42/18 facility [7] 37/6 37/10 37/18 37/23 103/7 103/9 109/10 111/24 112/2 123/11 133/3 133/9 fortunate [1] 52/20 37/24 40/15 79/24 fact [18] 9/21 15/6 23/6 26/22 30/3 finding [1] 64/3 findings [1] 150/4 forty [1] 21/6 forward [1] 10/7 52/25 57/15 57/22 57/24 89/16 93/15 119/15 119/20 120/21 133/24 fine [17] 7/11 37/19 53/24 61/22 found [1] 136/5 Foundation [3] 40/12 40/18 138/15 139/25 140/15 142/15 62/12 72/1 84/9 86/11 98/15 119/2 119/17 120/19 127/3 133/18 133/20 founding [1] 99/6 four [16] 8 factors [1] 145/3 /10 10/16 17/18 32/22 F four... [12] 39/25 40/2 40/19 40/20 59/8 64/12 95/22 121/22 122/12 148/8 148/9 148/11 four -- [1] 64/12 fourth [5] 18/3 40/25 130/22 148/5 148/6 frame [5] 7/3 7/5 7/8 61/11 95/2 frames [1] 85/25 Frank [2] 137/10 137/11 Frank's [1] 142/22 frankly [13] 14/13 26/21 28/19 28/24 29/10 49/11 58/9 61/5 64/2 81/2 115/1 116/22 130/11 frequently [2] 108/11 136/21 fresh [2] 8/1 149/25 friendly [1] 109/2 from -- [1] 80/24 front [3] 10 /11 61/25 107120 frontline [1] 66/16 frustrating [1] 114/2 fulfill [1] 131/13 full [11) 6/12 29/14 61/14 62/17 63/18 73/6 96/8 101/9 104/20 116/14 137/24 full -time [41] 48/24 49/1 49/4 49/13 50/2 50/10 55/15 55/23 56/8 56/13 63/19 64/13 71/3 71/14 72111 72/20 73/2 82/23 83/2 83/5 84/6 88/12 96/19 109/15 111/22 113/23 114/17 114/24 115/8 115/19 115/22 116/8 116/22 120/19 120/19 121/12 121/13 128/5 130/18 138/14 144/2 fully [2] 81/9 137/21 function [1] 61/12 functions [1] 56/5 fund [10] 82/23 98/11 101/3 102/2 111/5 111/7 111 /8 115/8 129/18 132/11 funding [2] 105/1 109/12 funds [10] 28/4 28/4 30/15 30/16 74/25 75/1 75/3 75/10 102/24 115/7 further [4] 135/1 145/10 147/15 150/17 future [6] 79/14 98/8 98/17 132/7 132/18 144/22 L, Galleria [1] 9/22 Garafolo [1] 137/11 garbage [1] 19/6 Gardens [1] 89/14 GASB [2] 28/2 102/1 gate [4] 25/13 27/11 37/25 137/3 gated [1] 25/9 gates [2] 26/24 136/21 Gateway [4] 49/10 50/22 106/1 122/3 gave [1] 146/3 gavel [1] 10/18 general [14] 19/7 19/20 19/21 27/3 28/2 61/10 77/23 85/18 86/21 87/14 101/23 111/5 111/7 111 /8 generally [4] 62/1 70117 100 /18 136/18 gentleman [3] 7/14 107/19 108/23 gentleman's [1) 17/15 gentlemen [2] 17/19 54/11 genuinely [1] 9/8 geography [1] 87/5 get [72] gets [3] 8122 35/25 70/8 getting [15] 14/7 38/9 65/5 80/10 80/13 81/1 88/22 89/12 113/9 114/8 115/18 120/6 132/12 134/16 139/22 girls [1] 119/19 give [28] 3/21 23/8 26/18 28/12 29/17 30/5 39/20 54/13 55/20 60/24 62/12 66/10 66/23 76/12 76/13 77122 78/20 78/24 80/4 82/16 95/5 96/14 97/2 97/5 116/24 117/12 125/12 143/19 give -- [1] 76/12 given [4] 26/22 56/25 124/10 149/1 gives [1] 46/1 giving [2] 97/25 118/13 glad [8] 57/5 80/23 110/19 111/13 111/25 123/18 127/3 143/9 Glen [1] 40/23 go [58] goal (2] 12/24 110 /10 God [1] 140/24 goes [6] 6/6 24/14 34/10 39/12 89/21 121/17 going [120] golf [8] 1114 26/9 79/23 92/24 93/1 93/3 93/5 106/6 Goliath [1] 99/1 gone [7] 14/6 27/23 45/25 64/1 85/8 87/18 87/19 good [32] 11/5 27/18 45/11 45/14 47/11 59/21 64/3 64/8 68/10 74/5 78/20 79/2 79/3 89/23 95/4 95/5 97/24 97/24 113/14 113/19 114/1 123/10 125/10 125/11 125/14 133/10 140/6 140/7 140/17 140/19 142/22 149/15 Gordon [2] 2/3 90/16 got [57] gotten [2] 74/5 113/3 government [9] 13/24 14/12 19/7 24121 29/13 58/7 62/24 90/20 133/19 governmental [7] 10112 101120 102/15 1 03/7 104/2 109/17 131/25 governments [11] 99/22 100/2 100/11 103/8 104/25 107/3 107/6 109/8 109/10 109/13 110/16 Governor [1] 61/22 Governor's [2] 57/12 57/17 grading [1] 145/6 graduate [2] 16/5 16/11 granted [1] 84/4 graphic [1] 62/1 Gray [3] 1/15 153/6 153/15 great [10] 9/9 13/14 13/17 23/14 42/10 74/6 89/6 123/9 123/22 126/19 Green [1] 105/21 Greens [1] 105/20 GREGORY [2] 1/23 153/16 groundskeeper's [1] 37/18 groundskeepers [1] 39/16 group [7] 2/10 3/8 14/21 56/14 134/4 136/1 136/10 groups [1] 69/15 grow [3] 117/1 117/4 124/8 growing [1] 68/22 grown [3] 68/6 104/24 124/7 growth [2] 64/2 68/9 guarantee [5] 84/8 85/21 85/23 92/18 93/22 guaranteed [4] 21/3 84/14 94/4 161 95/1 guard 1]'37/25 guar 1 7 guard u 6 35/215/ BA 2 36/ /1 guardhouse 1] 76/1 guess [7] 44/12 61/6 7112 86/24 87/25 97/14 97/23 guidelines [2] 15/8 77/23 gun [1] 6/6 guy [4] 55/23 74/9 87/1 118/5 guys [6] 25/22 124/8 134/16 140/4 142/18 143/19 H Habitat [1] 106/3 had (53) half [8] 35/14 49/24 58/16 65/7 80/15 88/9 88/9 125/24 half -- [1] 125/24 halfway [1] 10/17 hall [2] 63/12 74/13 halt [1] 97/15 hand [1] 8/14 handed [4] 8/6 44/13 59/13 60/3 handful [1] 121/24 handle [12] 42/22 43/13 48/2 76/11 83/3 99/18 101/17 118/8 124/1 124/10 130/5 135/12 handled [2] 108/25 130/11 handles [10] 33/23 53/2 75/5 82/17 96/10 101/6 101/12 107112 108/5 108/24 handling [2] 107/23 109/4 hands -on [3] 24/24 49/8 53/9 Hanover [1] 50/14 happen [3] 38/16 54/25 143/5 happened [3] 85/9 132/23 146/18 happens [7] 6/11 51/14 52/7 52/10 133/13 140/16 141/14 happy [4] 9/13 29/25 30/14 142/10 hard [4] 15/10 15/15 95/4 127/16 has [68] hasn't [1] 76/10 hassles [1] 91/12 hate [1] 142/4 have [346] have -- [2] 68/18 138/10 Haven [5] 69/20 82/11 87/1 87/8 87/9 haven't [5] 94/16 127/14 135/3 135/18 142/24 having [15] 12/6 17/8 29/10 32/8 43/12 43/13 48/4 58/2 61/5 73/11 88/24 93/21 126/19 135/6 140/5 having -- [1] 43/12 Hawks [5] 69/20 82/11 87/1 87/8 87/9 he [72] He'd [1) 55/25 he's [32] 9/25 22/24 48/17 48/17 48/18 50/4 50/5 50/8 50/11 51/22 54/25 55/6 55/7 55/9 65/2 65/6 65/9 79/18 87/11 87/13 87/18 89/21 113/14 113/14 116/9 118/4 118/4 120/5 120/5 123/9 123/22 126/14 head [2] 86/15 93/20 headquarters [1] 76/23 heads [2] 64/11 108/19 health [6] 33/17 135/15 136/4 136/6 136/8 136/10 hear [2] 7/21 27/3 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142/15 hired [2] 53/12 123/2 hires [1] 75/8 hiring [5] 63/24 128/14 128/15 137/3 143/12 his [23] 3/17 7/14 10/18 33/5 48/11 48/21 49/24 55/25 56/11 56/11 57/24 60/7 64/19 74/10 78/24 79/21 87/24 88/1 88/2 11817 144/1 144/15 148/22 Hispanic [1] 27/12 historically [1] 14/3 hit [2] 14/19 53/11 hold [4] 12/7 22/23 126/12 143/21 holds [1] 50/13 Hole [ 1 ] 37/4 Holiday [1] 107/11 home [7] 46/1 53/12 89/10 89/12 103/14 118/5 138/3 homeowner [4] 11/21 63/19 138/2 138/5 homeowners [1] 39/3 homeowners' [30] 11/19 39/4 39/23 40/22 40/23 41/2 74/1 123/15 141/15 142/6 Homes [1] 13/6 honest [7] 48/9 70/13 83/17 94/25 95/3 96/5 139/25 honestly [1] 86/17 honor [2] 46/16 98/14 hopefully [2] 52/23 89/22 horribly [1] 72/7 horticulturist [1] 42/3 Horton [1] 89/11 hour [6] 10/24 27/10 27/10 43/25 44/3 81/18 hour's [2] 81/15 81/16 hours [4] 43/6 55/14 76/15 95/19 house [3] 54/8 62/20 88/7 housing [1] 93/10 how [51] 5/8 15/18 15/23 20/14 21/11 30/24 35/9 35/11 36/8 36/11 38/14 39/6 42/21 48/2 50/9 52/13 60/22 65/23 66/13 69/11 70/5 70/11 74/5 75/20 76/11 76/15 76/17 76/18 76/18 76/20 76/24 77/23 79/18 83/13 83/16 84/8 85/9 92/14 92/21 94/17 96/3 97/7 97/9 112120 114/8 115/19 115/20 120/12 121/21 138/1 149/19 however [5] 64/19 70/19 82/7 117/24 130/24 huge [2] 26/3 136/11 hunch [1] 34/6 hundred [2] 125/13 127/23 hundreds [1] 14/15 I I'd [7] 21/8 38/25 44/9 111/24 137/15 147/17 147/18 I'll [28] 7/4 9/24 11/22 29/25 32/15 45/16 56/23 62/12 66/24 68/14 68/15 72/6 95/3 96/14 110/19 112/4 113/11 116/4 123/18 124/19 12 7/ 3 130/2 139/10 139/25 143/9 14 3/ 12 146/21 151/3 I'm [104] I've [26] 9/12 12110 13/7 16/3 31/4 32/21 40/16 42/2 42/6 43/1 43/4 47/4 52/1 52/6 58/10 102/20 113/11 118/9 119/11 119/13 120/1 124/23 125/23 126/2 132/22 133/25 idea [6] 21117 32/20 60/24 115/17 135/12 144/1 identify [1] 89/1 if [146] 11 [1] 106/2 image [1] 32/16 immediately [1] 110/12 imminently [1] 116/10 Immokalee [2] 10/16 13/4 impact [3] 77/10 78/5 131/10 impatiens [1] 46/20 impeccable [1] 128/1 implement [1] 110112 important [17] 13/10 17/5 23/18 25/5 26/2 26/21 27/4 28/11 29/24 65/11 10 3/ 6 103/20 104/1 121/3 121/6 125/9 139/14 importantly [1] 25/14 impossible [1] 133/16 impressed [1] 24/1 impression [2] 23/18 86/7 improvement [4] 76/14 77/21 90/8 105/15 in [500] in -- [1] 121/21 in -house [16] 41/13 41/16 41/24 53/24 54/1 54/3 73/13 73/17 88/7 112/17 131/3 131/8 134/5 140/12 140/16 141/22 INC [1] 1/23 inception [4] 99/12 104/11 104/12 105 112 e /18 9 9 4104/2 127`/(, incl 5 /11 / 31/11 34/11 34/21 64/17 /19 75/E 75/15 84/2 85/20 93/15 94/18 94/15 includes [6] 21/14 30/11 30/15 105/8 106/6 112112 including [11] 4/12 80120 85/2 99/12 104/7 105/5 108/7 116/19 120/11 137/3 141/22 inclusive [2] 94/12 153/11 incompetent [ 1 ] 119/16 incorporate [1] 57/7 increase [3] 27/16 55/14 127/5 increased [1] 100/6 increases [1) 94/1 7 increasing [2] 12/22 138/3 incredible [2] 12/20 1417 incredible -- [1] 14/7 incur [1] 32/22 indemnification [1] 44/22 indentures [1] 102/8 independent [2] 22/3 49/12 independently [1] 41/13 indicate [5] 21/9 31/10 64/15 100/13 145/25 indicated [11] 3/24 3/25 4/6 711 16/8 42/6 129/2 129/8 132/9 133/6 144/15 indicates [2] 4/8 103/15 indicating [1] 22/19 indication [3] 5/8 23/3 39/20 individual [18] 4/13 4/21 12/23 15/2 33/16 38/8 44/12 48/17 108/25 11212 116/5 116/12 116/13 11714 119/17 123/9 143/13 146/4 individuals [6] 101/16 103/22 106/23 114/18 114/24 115/3 indulgence [1] 9/5 industry [4] 67/5 99/6 110/15 119/20 infectious [1] 27/6 inflation [2] 84/15 93/23 information [6] 32/4 49/16 63/8 103/19 109/6 112/18 infrastructure [2] 61/18 98/11 infrequently [1] 51/15 initially [3] 5/4 58/18 86/20 initiated [1] 100/22 innovation [1] 100/20 innovative [1] 14/10 input [1] 150117 inquire [1] 84/19 inside [2] 36/3 38/4 insistence [1] 118/17 inspection [1] 24/19 instance [3] 54/24 131/11 133/22 instances [3] 11/20 17/4 31/25 instances -- [1] 31/25 instead [1] 97/24 instrumental [1] 100/25 insurance [15] 20/19 33/18 44/22 96/17 131/12 131/22 131/23 132/4 132/24 133/11 133/22 133/23 134/3 135/15 136/4 integrity [ 1 ] 104/18 intelligence [1] 78/9 intend [4] 17/25 31/25 52/17 52/18 intended [1] 115/1 intent [1] 123/3 intention [1] 18/5 I interaction [ 1 ] 74/19 interest [6] 23/3 26/17 29/11 74/17 75/4 75/18 interested [3] 25/20 26/25 27/23 interests [2] 55/25 68/13 interject [1] 44/8 interlocal[1] 100/2 intern [1] 16/11 internal [2] 81/20 102120 internally [2] 63/9 63/14 interpreted [1] 70/20 55/24 56/2 74/9 82/16 85/3 107/19 116/6 116/7 116/11 116/12 116/14 118/3 118/4 120/3 120/8 123/22 130/18 John's [1] 107122 Johnson [4] 77/3 80/5 80/10 119/1 joint [1] 122/8 Jr [1] 2/7 Judge [2] 57/19 58/14 juggling [1] 83/25 jump [1] 65/24 junior (1] 86/24 just [80] interruption [2] 60/10 62/5 justifies 1 106/18 into [15] 12/14 13/25 58/5 74/20 K 75/23 83/7 91/23 94/22 96/4 136/9 136/9 139/16 145/15 150/25 151/8 Karen [4] 101/4 108/15 108/17 introduced [1] 108/23 110/24 invest [3] 74/25 75/20 102/5 Katie [2] 108/2 108/10 invested [1] 14/16 Kaye [3] 1/15 153/6 153/15 investigated [1] 57/10 keen [1] 54/13 investigation [1] 57/20 keep [11] 8/4 27/13 52/13 54/20 investment [2] 75/7 75/8 90/6 112/19 115/1 117/15 120/11 investors [1] 102/5 121/1 134/8 inviable [1] 99/16 Kent [3] 132/1 139/23 140/3 involved [7] 23/10 24/24 49/7 56/15 key [4] 11/11 16/9 17/7 105/18 74/15 105/4 105/14 keys [5] 13/9 48/11 48/18 121/18 irrigation [13] 25/15 25/17 25/24 122121 26/12 27/19 41/9 41/22 51/16 51/18 kids [1] 93/8 51/20 51/21 70/10 83/3 kind [17] 7/7 31/8 67/1 74/3 79/6 irrigation master [1] 25/15 84/3 89/1 89/18 97/2 106/15 111/24 is [400] 112/15 116/16 129/25 133/21 142/16 Island [1] 81/3 142/25 Islands [1] 105/18 kinds [1] 103/12 isn't [3] 47/8 120/24 149/14 Kissinger [1] 107/4 issue [23] 33/23 35/11 42/8 44/11 knew [3] 46/18 57/20 58/17 44/20 53/21 56/16 57/9 63/6 7812 know [78] 80/13 124/20 130/22 131/14 133/22 know -- [1] 46/7 134/4 134/13 135/23 136/13 136/15 knowing [1] 87/6 138/4 142/8 143/17 knowingly [1] 14/18 issue -- [1] 42/8 knowledge [1] 94/23 issue's [1] 125/18 knowledgeable [2] 52/6 99/17 issues [17] 7/2 1717 24/17 24/25 known [3] 52/1 52/6 64/22 27/20 28/2 80/13 98/23 100/22 knows [5] 38/9 64/17 84/16 140/24 105/6 105/9 107/18 120/15 129/15 143/8 132/13 135/16 136/4 Krehlin 1 53/11 it [274] L it -- [2] 85/13 87/25 it's [98] it's -- [1] 81/10 item [4] 7/22 19/25 20/1 48/10 items [7] 21/9 21/9 31/9 31/11 31/15 41/9 143/23 its [8] 98/6 98/11 98/12 98/13 99/2 105/5 116/24 145/14 itself 1`31 104/21 111/11 117/6 I7 jacket (1] 7/14 Jacksonville [1] 81/2 James [4] 212 2/12 106/25 119/14 Jim [25] 3/20 3/25 4/6 16/22 28/3 80/12 97/22 113/7 113/18 113/23 114/13 115/13 118/13 121/11 124/22 125/20 127/14 128/20 128/22 129/10 138/14 138/23 144/1 144/12 145/12 Jim's [2] 143/25 145/19 Joanne [1] 23/19 job [12] 27/18 53/7 53/24 56/5 78/24 89/23 95/4 95/5 123/10 123/12 140/6 140/7 jobs [1] 117/5 John [21] 49/23 50/6 51/23 54/25 la [1] 126/25 labor [1] 94/2 lack [2] 103/10 142/23 ladies [1] 54/11 lady [2] 22/3 27/11 lake [5] 69/25 87/12 88/4 93/14 93/16 Lakeland [1] 16/11 lakes [2] 54/2 106/8 Lamb [9] 68/22 119/16 123/2 123/5 124/18 126/25 127/8 127/9 127111 Lamb's [1] 64/16 land [5] 23/18 24/10 36/17 37/20 61/17 Landing [6] 49/9 50/21 121/16 122/2 122/5 141117 landscape [19] 23/21 26/25 48/20 48/24 49/8 50/10 50/23 51/6 51/17 56/8 56/19 56/21 66/18 70/7 95/13 114/22 116/6 117/10 141/9 landscape -- [1] 141/9 landscaping [16] 41/9 41/22 49/14 49/24 50/2 54/1 54/2 83/3 119/5 135/13 135/21 135/22 139/5 140/18 141/2 142/3 163 language [6] 44/23 45/1 45/2 45/11 144/16 144/18 large [8] .1/16 17/19 17/20 24/9 89/4 /4 W/6.915/6 larger] / 14/1210 3/9 0 133/1 1 9 14 2 largest [7] 39/9 39/11 39/14 40/21 40/24 89/10 last [24] 5/14 7/3 12111 31/4 32/22 36/25 38/12 44/13 48/11 64/2 64/20 67/21 68/6 70/1 85/7 91/15 109/23 110117 119/11 122/23 123/1 131 /7 137/2 137/5 later (1) 104/12 laughing [1] 11 /1 law [7] 4/10 27/20 104/4 104/5 104/15 108/8 120/14 lawnmower [1] 27/13 laws [2] 108/6 120/10 leader [2] 64/6 110/15 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134/12 134/14 143/18 letter [4] 22/19 57/24 75/6 103/15 level [18] 45/16 54/20 67/22 72117 95/15 95/21 95/24 95/25 97/9 97/11 106/19 109/12 115/16 116/6 120/16 120/23 123/25 138/24 levels [4] 109/13 117/15 117/23 141/4 levied [ 1 ] 69/12 license [4] 12/7 1217 42/5 50/13 license -- [1] 12/7 licensed [2] 29/13 42/4 1 lien [1] 103/13 life [4] 11/10 104/21 118/10 126/2 lighting [6] 24/2 24/3 41/11 41/23 51/1095/12 lights [2] 51/8 51/9 like [59] likes [1] 89/20 limb [2] 95/18 95/20 limit [1] 143/14 limits [3] 133/12 133/15 133/16 line [12] 19/25 19/25 21/9 30/12 31/9 31/15 41/10 43/9 48/10 87/13 94/2097/24 lines [1] 132/13 Lisa [ 1 ] 17/3 list [8] 30/5 32/19 38/6 38/24 41/8 76/9 82/13 83/19 listed [2] 30/20 144/19 listen [2] 3/6 128/16 listener [1] 11/5 listener and [1] 11/5 literally [1] 74/12 literature [1] 43/2 little [16] 31/14 46/5 49/12 60/18 66/7 81/7 88/21 94/19 94/24 117/12 117/13 117/13 125/14 135/17 139/12 141/6 live [2] 12/20 13/18 lived [1] 87/24 living [1] 123/9 load [2] 17/18 125/21 local [20] 11/14 20/6 37/3 37/4 61/20 82/7 82/8 100 /1 100 /11 104/25 105/12 106/9 107/2 107/6 109/8 109/10 109/12 109/13 110/16 130/5 locally [3] 45/25 99/24 144/8 located [5] 15/4 67/12 99/20 107/21 130/13 location [1] 14/23 lodge [1] 93/16 logic [1] 48/20 long [12] 10/12 10/24 28117 35/15 77/15 79/25 81/23 84/8 92/14 92/21 95/4 115/6 long -term [1] 26/17 Longboat [2] 11/11 16/9 longer [3] 68/23 81/7 145/4 look [22] 19/20 21/8 29/5 29/24 30/8 31/9 38/4 38/24 38/25 47/14 78/18 81/13 82/21 86/23 95/8 97/8 129/21 132/4 138/1 141/1 141/14 141/17 looked [2] 10/19 47/23 looking [5] 10/7 31/3 113/20 141/10 148/16 looks [4] 37/19 122/6 122/8 147/22 lose [3] 94/7 133/20 134/11 lost [ 1 ] 15/12 lot [25] 1211 13/8 18/25 37/12 37/21 60/25 61/3 65/3 7014 85/19 88/18 89/6 91/14 92/17 96/16 96/21 96/22 97/4 107/5 107/23 107/24 108/24 137/4 140/1 140/7 love [2] 15/13 74/6 low [1] 94/7 lower [4] 25/25 42/12 97/11 136/6 lowered [ 1 ] 47/13 lowest [2] 13/21 29/17 luck [2] 65/3 78/20 lump [3] 144/14 145/1 145/8 M made [18] 47/10 47/12 83/24 84/1 89/6 93/22 94/5 133/2 147/21 148/25 149/9 149/11 149/20 150/19 151/18 151/19 151/20 151/23 made -- [2] 133/2 149/9 magnitude [ 1 ] 72/19 main [4] 11/8 25/10 80/18 107122 maintain [6] 15/11 51/9 112/8 117/22 117/23 123/16 maintained [3] 51/8 100/6 104/19 maintaining [1] 137/16 maintenance [17] 24/18 36/16 36/20 37/6 37/10 37/18 37/21 37/23 37/24 74/21 79/23 79/24 98/12 105/10 139/4 139/5 141/21 major [7] 14/24 52/11 52/12 82/2 99/11 131/4 149/15 majority [1] 101/7 make [48] 4/17 7/18 7/25 8/3 11/4 11/7 20/20 26/16 31/20 38/8 38/15 43/15 44/9 44/16 45/8 47/16 51/24 55/14 61/18 64/21 64/25 73/18 75/18 77/9 78/3 83/18 84/12 92/20 95/8 109/2 117/25 130/22 137/12 137/24 138/1 138/6 138/16 143/10 143/15 144/4 144/9 14 5/ 2 145/7 147/10 147/12 147/15 149/13 149/17 makes [3] 20/9 61/18 116/7 making [5] 10 /10 18/5 56/13 132/14 150/12 man [5] 27/12 36/10 65/6 65/9 125/14 manage [14] 13/1 13/4 15/2 16/20 40/7 41/3 52/20 56/20 69/15 70/6 70/11 75/12 81/23 116/19 managed [1] 16/13 management [60] management -- [1] 125/11 manager [59] manager's [5] 10 /10 19/25 31/12 55/16 55/17 managers [4] 33/16 64/13 65/10 82/18 manages [1] 137/15 managing [12] 9/18 1712 28/19 32/21 56/18 67/15 68/1 68/9 69/19 69/22 135/8 138/11 Manatee [1] 92/23 mandatory [1] 25/18 Manes [1] 9/25 manner [2] 109/20 110/6 manufacturing [1] 12/18 many [13] 11/25 11/25 15/19 19/3 77/19 83/13 96/3 101/8 107/13 109/9 112/20 121/21 130/24 map [2] 67/9 80/24 Marathon [1] 48/13 Marco [1] 105/18 Maria [5] 68/12 68/15 68/21 69/1 80/20 marked [1] 31/24 market [2] 11/16 11211 marketed [1] 63/21 marketing [2] 10/3 12/17 marking [1] 32/9 markup [2] 20/8 22/7 MARSH [24] 1/5 1/13 1/14 3/2 9/21 13/15 26/9 37/18 56/15 92/12 93/10 98/3 98/9 98/15 99/18 101/8 101/14 101/25 105/3 105/7 105/19 116/20 121/25 141/16 mast [6] 11/ 25/15 27/19 39/4 39/22 0/ 4 mast is /3 master -p n I i�,�l matches [1 77/10 material [6] 23/23 44/13 60/8 61/3 67/980/14 materials [1] 60/19 Matt [ 1 ] 79/17 matter [7] 4/9 4/19 66/18 79/8 93/14 120/21 133/24 maximum [8] 5/12 5/20 5/23 5/24 20/21 30/7 33/21 82/8 may [ 18] 4/8 4/20 11/9 18/4 22/2 38/24 62/4 66/7 72111 86/24 94/6 94/6 95/16 110120 117/11 130/12 137/7 149/21 may -- [ 1 ] 95/16 maybe [12] 30/9 30/10 39/1 54/9 60/18 80/12 83/4 84/7 123/24 127/9 140/22 148/21 McDonald [3] 7/16 9/19 29/16 McKay [ 1 ] 74/9 me [85] mean [12] 114/1 114/4 114/19 115/11 115/13 115/14 118/3 118/6 118/15 126/5 141/24 147/21 means [3] 21110 50/3 119/10 media [1] 41/21 median [1] 23/22 mediocrity [1] 27/5 Mediterra [4] 105/20 105/20 14111 141/16 meet [4] 70/19 79/12 122/8 143/4 meeting [27] 1/12 3/1 3/13 4/10 4111 4/16 7/3 7/23 8/6 38/12 43/9 44/14 50/12 59/3 59/4 60/14 66/14 68/16 68/19 86/13 107/15 132/18 137/12 149/4 149/24 151/5 151/12 meetings [5] 6/8 31/3 86/19 107/15 140/2 member [2] 66/19 130/3 members [12] 2/1 3/4 4/2 4/25 5/1 6/24 7/12 59/25 137/25 138/17 145/17 150/13 memory [1] 115/5 mentioned [6] 62/5 104/24 106/18 108/15 131/14 144/12 mentioning [1] 148/5 Merritt [ 1 ] 8112 mess [2] 36/6 36/7 messed [ 1 ] 140/4 met [2] 9/17 50/14 metal [2] 78/10 78/21 Michael [4] 108/22 109/4 110/23 111/3 middle [2] 110/22 135/14 might [11] 7/4 9/14 10/13 61/6 76/6 76/9 83/8 85/18 93/15 93/25 117/14 miles [3] 14/22 29/2 122/20 millage [1] 19/3 million [2] 35/12 39/19 millions [1] 14/15 mind [6] 8/1 93/12 148/22 148/23 149/21 149/25 mindset [1] 13/17 mine [3] 51/19 68/21 12112 minimize [1] 88/1 minimizing [1] 88/2 minimum [1] 21/23 M minute [12] 9/24 15/21 19/18 24/5 25/3 42/20 97/17 108/12 125/7 146/11 147/6 148/4 minutes [10] 3/13 6/4 14/23 15/24 22/4 28/14 31/3 53/8 66/13 118/6 Miramar [2] 106/8 106/8 mirror [1] 32/16 misdemeanors [1] 58/5 mission [1] 12125 mistake [2] 24/13 26/10 mistaken [1] 33/20 mixed [1] 29/8 modification [1] 144/22 modifications [ 1 ] 117/25 modify [2] 121/9 131/19 modifying [1] 131/16 mold [1] 83/7 moment [4] 120111 136/12 136/25 137/6 moments [1] 59/6 money [18] 75/10 77/13 78/1 79/5 84/5 92/6 117121 123/13 123/13 124/24 125/2 125/14 128/2 130/9 134/20 134/20 137/4 141/6 monitored [1] 99/9 Montes [1] 37/5 month [18] 3/14 5/14 21/3 33/20 38/5 38/13 38/18 46/24 52/8 53/3 53/3 53/3 53/20 79/12 140/1 148/21 149/14 151/16 monthly [3] 21/19 33/10 86/13 months [6] 31/4 37/1 68/7 134/9 137/2 142/13 more [51] 6/3 6/4 25/14 29/25 47/20 49/7 49/12 53/9 53/17 54/19 56/24 59/16 61/3 63/14 66/22 67/20 67/22 73/3 73/4 75/24 76/9 80/12 82/17 85/19 86/23 87/22 88/24 88/25 93/16 96/1 96/2 97/12 98/16 107/5 108/5 109/2 114/25 115/9 116/7 117/12 117/13 117/14 124/4 124/10 135/7 136/21 137/4 138/17 143/14 143/14 144/8 morning [6] 22/3 25/23 27111 59/21 81/18 97/24 most [24] 6/23 11/10 26/3 27/4 29/7 48/18 88/7 99/2 99/17 101/19 102/16 103/6 103/20 103/21 104/1 104/3 104/6 104/7 107/12 108/12 110/6 124/5 138/12 140/14 mother [1] 10121 motion [ 10] 150/22 150/24 151/8 151/17 151/18 151/19 151/22 151/23 152/6 152/8 move [4] 22/23 58/24 134/12 151/2 moved [2] 14/1 87/23 moving [2] 64/20 148/18 Mr [11] 3/5 7/9 10/20 15/18 50/14 60/12 62/4 79/22 97/23 119/9 151/22 Mr. [11] 3/17 4/7 4/8 44/12 56/10 59/5 119/9 119/10 126/22 132/9 151/22 Mr. Banover [1] 56/10 Mr. Carefa [3] 44/12 132/9 151/22 Mr. Dorrill [1] 4/8 Mr. Dorrill's [1] 4/7 Mr. Flatley [1] 126/22 Mr. Means [1] 119/10 Mr. Pires [1] 119/9 Mr. Rizzetta [2] 3/17 59/5 much [20] 9/3 9/9 10/7 10/13 35/9 58/22 66/13 70/8 89/1 97/9 109/13 112/4 112/5 116/7 120/7 123/1 123/15 136/2 139/8 145/12 Mudd [1] 16/22 multiple [2] 17121 30/16 municipal [3] 48/12 98/24 108/4 must [1] 104/2 my [119] Myers [3] 10/3 42/17 42/18 myopic [1] 116/24 myself [6] 3/16 4/3 15/25 17/1 N name [18] 4/1 5/2 5/4 7114 8/20 10/6 26/8 26/8 26/9 26/12 64/16 67/7 89/14 89/15 105/22 106/4 135/4 140/21 name's [2] 7/15 60/13 names [2] 17/3 148/5 Naples [17] 1/24 9/20 12/4 12/4 13/16 14/13 14/22 15/3 17/24 23/7 23/7 23/16 28/20 39/22 57/1 57/9 153/17 narrow [1] 117/6 native [1] 23/22 nature [2] 76/8 149/15 nauseam (1] 104/4 necessarily [3] 13/21 103/9 116/21 necessary [10] 15/3 17/9 42/4 102/7 110/4 110/13 115/7 116/23 117/25 120/8 need [42] 8/24 23/25 28/1 28/3 33/4 49/1 49/10 49/13 51/13 54/17 64/8 70/24 72/17 72/20 72/21 75/18 79/8 81/11 82/21 83/5 83/16 83/20 83/20 84/12 92/1 99/21 113/10 113/22 113/24 114/7 116/25 117/25 121/8 121/8 121112 121117 124/13 128/17 138/5 140/4 147/24 150/8 needed [3] 45/3 80/2 104/21 needs [9] 24/23 74/11 75/17 7715 82/24 95/20 95/25 99/8 99/18 negative [1] 137/19 negatives [1] 137/16 negotiate [3] 42/13 43/22 91/4 negotiated [1] 57/17 negotiations [4] 149/3 150/25 151/9 151/14 (neighborhood [2] 9/22 40/25 neighborhoods [1] 13/14 neighbors [1] 68/12 Neil [16] 2110 9/4 9/7 10/6 22/23 29/6 30/2 30/23 35/20 51/3 52/1 53/2 54/12 56/24 57/21 58/22 never [9] 10122 10/23 14/18 15/12 46/18 48/17 50/14 113/14 126/2 new [8] 7/8 54/5 60/7 64/4 67/24 69/25 81/1 94/22 newsletter [2] 38/2 38/3 next [26] 3/14 7/22 9/11 13/5 26/4 28/7 31/15 65/4 67/23 69/22 81/5 84/10 89/21 92/5 97/18 97/22 103/3 129/10 129/13 137/7 148/21 149/14 150/6 151/5 151/11 151/16 nice [4] 74/22 92/24 93/8 121/13 nicely [1] 90/13 night [1] 53/12 no [48] 6/4 7/10 10/5 18/17 21/17 2217 32/20 34/16 34/20 37/15 41/6 41/15 42/25 47/8 54/8 71/6 71/16 71/18 72/16 74/18 77/19 85/14 86/8 165 93/5 94/13 102/22 111/14 118/10 120/4 10 1 26/20 126/27 12 /21 12 8 / 133/1 / 7 137/1 1 141/25 144/ /4 150 /5 nobody [2] 6/5 118/12 non- existent[1] 136/3 none [3] 18/25 37/10 119/4 Nor [1] 51/2 normal [2] 45/15 113/7 normally [2] 34/17 109/9 Norman (1] 27/3 north [10] 13/16 14/22 15/3 23/16 24/16 28/20 39/22 50/3 69/20 105/20 northern [1] 10717 Northwestern [1] 93/16 not [152] not find [1] 133/3 Notary (1] 1/16 notes [1] 153/12 nothing [3] 98/16 101/17 139/15 notice [2) 62/5 107/17 noticeable [1] 66/4 novel [1] 14/10 November [5] 7/4 7/8 86/3 86/5 86/6 now [61] nth [1] 142/21 number [53] numbers [14] 30/4 30/6 44/12 47/5 47/15 49/20 62/8 62/10 85/18 92/10 100/6 111/24 112/5 115/13 O o'clock [ 1 ] 68/18 Oak [1] 88/4 objection [1] 7110 obvious [ 1 ] 147/23 obviously [5] 23/17 41/22 85/19 102/25 142/24 occasion [1] 51/13 occur [2] 94/8 109/17 occur -- [1] 94/8 occurs (1] 717 October [6] 7/2 84/10 84/11 86/1 86/5 86/8 of -- [4] 34/23 43/7 74/3 90/22 off [11] 3/9 25/11 36/7 45/22 46/21 71/17 71/22 72/10 88/10 89/7 93/19 offer [4] 13/19 28/23 29/14 61/14 office [30] 10 /10 14/22 15/4 21/15 28/20 29/3 63/7 63/8 66/20 74/8 79/17 80/18 80/24 80/25 81/3 81/9 81/14 81/15 81/18 81/21 82/1 82/3 85/1 89/17 89/18 90/1 96/4 107/22 112/9 112/9 office -- [ 1 ] 85/1 officer [2] 12/13 16/15 officers [ 1 ] 45/15 offices [5] 9/21 10/3 80/16 80/19 130/12 official [1] 17/14 officials [ 1 ] 58/7 Oh [3] 9/2 83/9 127/2 okay [19] 7/17 9/2 9/3 50/1 58/21 60/11 62/14 71/23 85/15 86/10 95/2 114/11 119/25 125/3 126/8 129/19 137/9 144/4 146/20 old [2] 24/20 40/3 older [1] 27/25 oldest (1 ) 16/17 Z on [ 176] on -- [1] 43/8 on -site [4] 53/8 56/8 101/14 143/14 once [10] 8/13 14/18 36/14 62/3 62/18 91/25 113/11 149/20 149/22 150/12 one [151] one -- [1] 94/9 one -horse [1] 52/8 one -on -one [1] 127/17 ones [15] 16/17 31/10 31/17 31/17 40/2 40/20 41/15 41/17 44/25 67/23 67/24 87/22 88/4 146/12 146/13 ongoing [1] 25/4 only [20] 12/4 16/25 19/24 20/1 21/25 38/2 39/2 40/16 44/25 56/14 67/6 67/6 72/24 79/15 82/12 121/24 121/25 122/3 148/7 148/9 open [6] 4/10 4/10 4/16 36/5 61/1 81/9 opened [ 1 ] 36/24 opening [3] 80/25 81/4 81/6 operate [3] 68/21 70/6 123/16 operates [1] 122/9 operating [5] 39/19 39/21 75/9 98/12 120/9 operation [3] 74/21 112/15 112/17 operational [6] 1717 86/21 108 /1 121/23 122/1 123/21 operationally [4] 100/21 122/15 123/23 130/7 operations [15] 76/7 100/3 100 /11 105/10 107/24 112/8 112/11 119/24 121/20 121/24 130/4 139/3 139/5 140/14 143/13 opine [1] 78/13 opinion [14] 19/19 44/23 45/3 54/13 96/12 117/19 117120 117/20 118/22 129/11 129/13 134/10 138/10 138/22 Otherwise -- [1] 131/21 ou [1] 140/25 ought [6] 30/25 50/16 71/13 72/14 78/10 96/23 our [172] ours [5] 64/19 67/5 82/3 89/12 94/22 ourselves [1] 113/15 out [50] 3/17 4/24 5/4 6/14 11 /1 14/6 24/21 31/20 38/11 41/16 42/21 43/10 43/20 44/10 44/13 45/8 50/9 54/8 57/1 60/3 63/9 65/21 66/3 76/13 7714 84/5 84/5 88/7 88/8 88/16 89/17 89/17 90/6 96/17 96/25 97/13 104/17 111114 114/10 123/6 125/12 126/19 127/25 136/20 139/8 139/22 140/15 141/24 145/14 145/17 outfall [2] 24/7 24/8 outfit [ 1 ] 52/9 outflow [1] 24/14 outlines [1] 62/2 outlook [1] 56/25 outset [1] 74/4 outside [7] 4/15 56/4 73112 124/25 125/10 130/20 133/15 outsource [8] 17/5 39/17 88/14 88/23 96/20 96/23 140/11 140/20 outsources [1] 96/24 outsourcing [2] 139/16 141/2 over [56] overall [4] 78/24 141/11 141/12 141/13 overly [1] 141/3 overlying [1] 105/15 oversees [1] 66/2 own [10] 4/20 11/15 11/15 13/18 18/17 51/9 51/10 58/9 80/1 133/10 owned [1] 12/23 owner [1] 10/2 owners [1] 106/22 ownership [2] 65/16 65/16 Owning [1] 93/3 140/13 panties /8 p parties [ �5 partner 8 partners [3] 9/ 15/22 107/10 partnerships [1] 29/15 parts [1] 107/8 Pasco [3] 28/24 53/5 87/23 pass [3] 4/24 6/16 20/8 passage [1] 99/12 passed [1] 31/24 passion [1] 13/13 past [6] 44/19 48/19 91/24 104/23 113/2 144/20 patrol [10] 25/8 25/12 25/12 41/11 42/6 42/16 42/18 42/20 42/23 44/1 Paul [2] 140/5 140/6 Pavilion [1] 24/16 pay [12] 33/7 33/13 34/12 35/4 35/9 47/25 49/24 72/4 115/9 119/23 123/12 141/11 payable [2] 64/9 101/9 paying [27] 19/22 21/5 30/5 30/7 30/16 31/18 32/5 32/16 34/9 42/24 43/3 43/3 44/4 48/15 54/21 71/7 72/13 74/16 101 /10 113/8 113/20 114/1 115/12 115/24 115/25 136/7 137/4 payments [5] 75/4 75/5 75/5 75/18 75/18 payroll [14] 26/23 33/7 33/8 39/14 39/15 39/16 39/18 50/19 55/9 56/17 56/20 96/10 101/11 101/13 peaks [1] 109/16 peeves [ 1 ] 35/24 PELICAN [43] 1/5 1/13 1/14 3/2 9/21 13/15 16/16 26/9 37/18 40/3 40/6 40/9 40/10 40/18 49/9 50/21 56/15 92/12 93/10 98/3 98/9 98/15 99/18 101/7 101/14 101/25 105/3 105/7 105/15 105/16 105/16 105/19 106/7 107121 116/20 121/16 121/25 12212 122/4 141/16 141/17 141/17 opinions [1] 131/6 owns r3l 37/20 40/14 92/25 142/19 opportunities [2] 65/2 124/9 P Pelican -- [1] 106/7 opportunity [13] 5/13 7/19 9/10 Pelty [1] 107/19 9/15 2712 29/22 59/22 60/15 93/24 p.m [11 152/16 penny [1] 32/5 94/2 97/25 124/8 135/6 package [3] 3/14 15/17 135/7 pension [3] 96/11 135/15 136/13 opposed [8] 13/12 17/19 21/4 21/24 packages [2] 93/12 101/15 people [69] 35/1 53/3 56/13 152/4 page [5] 59/10 62/1 62/6 67/11 per [5] 27/10 45/24 129/11 141/18 optimized [1] 110 /10 153/9 144/14 option [2] 135/9 150/17 pages [1] 153/10 percent [8] 32/11 49/25 50/1 66/17 options [1] 100/13 paid [7] 34/24 35/2 35/10 51/22 71/4 75/11 85/2 118/12 or [132] 51/22 117/13 117/14 percent -- [1] 32/11 or -- [2] 78/11 129/7 Palm [2] 28/25 53/5 perform [2] 32/9 34/8 order [21] 20/18 22/8 38/15 43/22 Palms [1] 106/3 performance [1] 5/20 46/21 54/20 58/14 80/1 96/4 107/25 Panama [1] 81/5 performed [2] 33/8 34/17 109/19 109/25 112/16 117/1 117/21 paperwork (1] 47/24 performing [1] 32/8 117/21 122/15 124/1 124/10 128/16 Parade [1] 13/5 performs [1] 51/6 143/4 pardon [1] 62/4 perhaps [1] 63/8 organization [1] 143/11 park [7] 69/25 87/12 87/12 88/4 perimeter [1] 119/6 organizational [1] 54/18 88/4 93/7 106/7 period [5] 36/19 53/19 54/17 58/16 organizations [1] 23/4 parking [2] 37/12 37/21 98/23 organized [1] 65/15 part [23] 3/13 14/16 20/8 28/1 28/9 permanent [4] 48/1 48/3 83/16 original [7] 59/24 60/1 62/11 64/15 32/3 32/24 47/25 51/17 54/4 57/16 144/14 106/21 107/10 111/15 58/3 60/7 62/15 73/13 74/2 84/13 permits [6] 25/17 25/24 25/25 26/7 Orlando [2] 53/5 89/18 85/21 130/7 132/6 140/19 141/11 26/12 90/18 Osborne [6] 7/16 7/16 9/18 9/19 151/8 permitted [1] 36/25 29/16 53/15 part-time [14] 55/1 55/8 55/14 84/2 Persimmon [1] 1/14 other [85] 113/24 114/13 114/14 114/15 114/24 person [31] 52/6 64/9 66/21 70/18 others [8] 4/9 20/14 39/3 66/8 116/1 116/1 116/2 128/4 138/11 71/4 71/14 72/11 72/20 73/6 79/15 69/24 95/20 104/6 111/1 participated [1] 99/10 79/16 82/24 83/2 84/2 84/6 87/5 otherwise [8] 17/9 19/1 109/14 particular [12] 4/19 5/9 6/15 7122 87/6 88/17 88/19 112111 113/13 117/14 117/16 125/18 129/3 131/21 14/25 34/1 45/6 58/1 68/20 69/3 167 P political [2] 16/6 99/19 ponds [1] 95/13 pony [1] 115/6 poorly [1] 76/2 prior [1] 105/14 private [3] 1-2114 12/18 29/9 privilege 1] /1 d probabl2 1 52/1/ �7 person... [10] 116/22 121/12 121/13 127/10 128/5 137/3 144/7 147/25 148/5 148/6 Port [1] 105/18 55/20 5 3 6/16 6 / person -- [1] 148/5 portion [1] 59/11 73/4 80/9 96/ /20 112/22 -- personal [7] 54/13 117/18 117/19 position [7] 45/10 55/15 55/16 122/25 139/9 139/12 139/18 139/24 118/22 130/25 134/9 138/21 55/17 82/7 99/17 115/8 140/1 140/25 141/6 142/13 143/2 personality [1] 118/24 positions [1] 69/8 probation [2] 58/12 58/16 personally [8] 20/4 29/3 52/22 positive [3] 56/25 137/15 137/18 problem [23] 48/2 54/8 54/23 63/6 57/14 123/11 129/9 137/14 143/1 possibility [1] 7/4 66/19 68/10 80/9 114/9 116/15 personnel [6] 70/5 100/5 101/14 possible [3] 13/19 87/2 132/10 118/2 118/7 121110 123/18 124/20 106/17 138/19 139/9 possibly [1] 143/10 127/2 128/21 131/13 132/3 134/24 persons [1] 3/19 power [1] 14/11 141/25 142/11 142/12 143/16 perspective [17] 4/22 4/23 21/14 PowerPoint [1] 10/4 problematic [2] 115/9 130/16 100121 100/24 102/3 103/3 103/25 practice [9] 4/23 12/14 61/25 62/20 problems [4] 53/2 122/14 126/24 107/9 11212 131/8 140/14 141/8 63/2 63/20 64/12 69/14 90/18 129/22 141/13 142/17 143/13 149/22 practices [3] 5/17 13/24 109/8 procedural [4] 77/14 77/16 77/24 perspective -- [1] 149/22 pre- existing [1] 43/23 79/6 pet [1] 35/24 prefer [4] 12/15 56/8 56/23 57/5 procedure [1] 146/1 Pete [10] 64/10 65/5 66/1 69/3 69/6 preference [4] 54/14 56/9 117/18 procedures [2] 101/1 102/21 78/23 79/11 86/14 88/5 90/1 137/14 proceedings [4] 1 /10 152/16 153/7 petition [1] 61/20 preliminary [1] 144/21 153/12 philosophy [6] 13/7 60/22 65/13 premier [2] 13/15 106/18 proceeds [1] 75/9 67/2 81/12 109/7 premiere [1] 102/6 process [21] 4/23 5/3 5/3 6/1 6/3 phone [10] 48/5 48/5 63/10 66/9 preparation [16] 18/9 18/21 18/23 6/10 6/25 7/7 10/8 25/4 61/20 63/24 66/17 66/24 75/23 84/22 89/22 18/24 19/12 19/13 20/22 22/11 66/12 67/20 80/7 91/8 112/16 143/15 28/10 37/8 73/20 73/23 82/5 101/10 119/17 132/20 133/13 144/24 phones [2] 130/11 130/12 108/24 109/1 process -- [1] 132/20 phonetic [4] 9/25 10/2 108/2 prepare [5] 10/4 18/13 38/2 38/5 processing [1] 103/18 108/22 73/8 procurement [3] 13/20 13/23 46/4 pick [2] 85/3 89/22 prepared [6] 4/25 17/23 72/15 81/9 produce [1] 38/12 picking [1] 94/8 85/21 85/22 produced [1] 20/17 pickup [2] 45/21 45/22 preparing [1] 61/20 professional [5] 3/15 55/21 56/11 picture [2] 37/7 141/11 prescribed [1] 46/14 153/6 153/16 piece [4] 61/17 63/8 80/1 80/2 presence [5] 69/19 81/24 82/6 professionally [1] 90/13 Pimentel [2] 69/3 69/6 99/23 143/15 professionals [4] 4/18 62/22 62/23 pine [1] 46/20 present [10] 2/1 3/4 417 4/9 60/15 63/16 Pires [3] 217 3/22 119/9 62/24 93/25 98/1 105/11 135/8 profile [6] 59/24 60/2 60/21 61/1 pitfalls [2] 43/11 43/12 presentation [24] 4/5 4/8 4/15 6/4 61/25 89/3 place [8] 13/17 43/19 79/2 79/3 6/13 6/14 8/3 9/12 10/4 10 /11 10117 profit [1] 22/8 81/16 84/1 139/3 153/8 60/17 61/5 64/16 84/3 86/1 88/25 program [18] 24/2 56/21 76/14 placed [2] 14/3 16/18 97/16 110/18 110/20 113/5 143/25 77121 94/22 96/11 119/6 135/11 places [6] 12/20 50/8 50/8 51/1 143/25 145/20 135/18 137/1 139/6 139/13 139/17 51/5 112/20 presentations [9] 3/6 3/18 6/2 6/16 140/16 140/18 140/20 141/2 142/5 plan [4] 27/19 37/9 37/15 80/19 7/21 132/16 150/1 150/18 150/20 programs [4] 27/8 122/1 139/2 plane [1] 81/18 presented [1] 113/15 142/9 planned [1] 23/19 presenter [4] 59/5 59/7 97/19 progressive [2] 10712 108/17 planning [4] 25/15 68/18 81/20 97/22 project [13] 79/5 89/13 89/21 90/7 81/20 presenters [3] 4/12 7/5 150/2 90/8 92/6 97/7 116/5 119/14 12112 planning -- [1] 81/20 presently [2] 47/23 73/11 130/14 140/10 140/19 plans [2] 36/10 56/4 Preserve [2] 93/14 105/21 projected [1] 144/19 plant [1] 23/23 president [1] 11/14 projecting [1] 28/1 plants [3] 41/12 42/19 94/9 presume [1] 37/17 projects [16] 35/20 35/21 41/13 platting [1] 80/6 pretty [10] 52/5 60/1 89/1 97/11 76/11 87/20 92/7 101/18 121121 plea [2] 58/5 58/13 114/1 115/13 131/24 132/23 136/2 124/10 128/7 130/15 133/18 140/11 please [1] 22/24 147/23 140/12 140/22 141/14 pleasure [1] 60/13 pretty -- [1] 132/23 properly [3] 29/12 36/1 101 /18 plus [12] 30/3 47/18 67/24 76/7 previous [1] 5/19 properties [2] 67/10 67/12 76/23 98/20 105/13 10712 107/11 previously [1] 16/8 property [6] 12/22 19/2 19/5 65/16 108/3 121/23 130/25 price [15] 13/20 13/21 27/9 27115 66/14 103/16 point [24] 11/4 14/24 22/6 27/9 30/9 42/10 42/11 42/12 47/12 47/13 proposal [19] 5/24 15/10 20/16 35/3 37/22 57/2 64/14 74/24 82/11 76/13 91/9 91/11 93/11 110 /11 20/20 3117 48/8 60/7 62/15 64/16 83/12 92/20 115/10 118/25 120/6 prices [3] 43/21 46/22 101121 71/16 77/8 82/20 84/13 94/24 126/7 127/23 128/16 134/13 134/17 pricing [2] 29/18 96/3 126/23 12714 129/1 131/18 144/14 134/18 135/18 136/3 140/3 primarily [4] 51/7 107/6 130/5 proposals [6] 3/7 70/16 76/13 points [17] 5/7 5/8 5/12 5/15 5/16 135/14 113/21 131/16 150/19 5/23 5/24 6/18 6/19 6/21 8/7 8/8 8/9 primary [3] 28/6 129/7 129/9 propose [3] 54/18 72/4 82/22 11/8 59/8 145/6 146/1 prime [1] 98/9 proposed [2] 70117 85/7 policemen [1] 27/22 principal [1] 10 /1 proposer [3] 6/15 6/19 146/2 policies [1] 102/21 principals [1] 98/21 proposer's [1] 6/13 policy [6] 4/22 42/8 43/16 54/10 printed [1] 15/9 proposers [3] 4/12 44/25 150/21 56/16 133/12 52 questions -- [1] 9/1 quick [1] 28/12 proposers' [1] 132/15 quickly [3] 23/11 26/16 143/4 proposing [5] 20/3 21/24 82/15 quit [1] 28/13 82/15 82/18 raised [2] 131/15 131/15 quite [6] 46/4 49/25 58/20 61/5 pros [1] 88/14 106/14 110/10 110/13 111/25 119/21 94/25 122/24 Prosecutor [3] 57/13 57/18 57/18 quits [1] 55/3 protected [2] 102/24 102/24 quotations [1] 90/20 protecting [1] 26/17 quote [2] 89/15 93/20 protection [3] 42/8 43/18 45/15 quoted r2l 30/9 93/21 protocol [2] 3/24 25/4 R proud [5] 15/6 67/8 89/3 89/16 98/5 132/16 144/19 prove [2] 94/6 94/7 rain [2] 10/23 36/1 proverbial [1] 63/2 raining [1] 76/4 provide [31] 60/4 62/17 88/16 raise [2] 12/20 97/12 96/25 98/12 98/17 99/1 100/18 raised [2] 131/15 131/15 100/20 103/2 103/14 103/24 106/13 raises [1] 19/2 106/14 110/10 110/13 111/25 119/21 Ranch [1] 93/4 119/22 120/16 120/22 122/18 122/19 range [5] 27/16 61/14 62/17 68/1 124/8 124/9 129/4 129/24 129/25 128/1 132/2 134/2 139/15 rank [3] 6/18 6/22 146/16 provided [9] 60/19 60/20 98/6 ranked [15] 146/5 146/6 146/7 100/13 100/16 101122 102/18 109/20 146/20 146/22 146/23 146/24 146/2 150/18 147/1 147/3 147/8 147/9 148/2 provides [1] 100/9 148/12 148/13 providing [5] 61/8 103/22 132/9 ranking [3] 146/4 146/8 146/22 132/16 144/19 rankings [4] 6/24 145/15 146/9 provision [3] 99/4 103/11 110/15 149/1 public [28] 1/16 4110 4111 4/16 8/5 ranks [1] 147/13 9/20 11/10 12/6 13/20 16/3 16/7 rare [1] 51/13 17/10 24121 25/2 26/13 29/8 46/3 rate [3] 19/4 44/3 96/17 46/14 46/15 53/16 53/17 61/21 rather [3] 57/6 70/21 75/10 88/20 90/18 103/5 103/25 104/4 rating [3] 5/15 5/21 5/25 108/6 Ravenna [1] 90/16 pull [1] 54/4 raw [1] 61/16 pump [1] 119/5 read [2] 31/7 48/7 pumping [2] 125/22 125/23 ready [4] 15/15 28/19 89/13 109/25 purchase [2] 43/22 45/23 real [2] 126/19 131/19 purchased [1] 91/14 realistically [1] 81/25 purchasing [5] 13/23 46/3 101/16 really [14] 14/19 18/25 23/14 23/15 11217 120/12 44/14 46/18 71/13 75/23 83/16 93/8 purpose [1] 149/24 97/15 131/6 134/9 142/1 purposes [2] 101/18 141/2 reap [1] 14/14 pursue [1] 26/15 rearrange [1] 48/3 pushed [2] 134/7 134/8 reason [7] 26/2 45/20 56/12 74/2 put [17] 8/7 8/8 20121 22/8 31/14 111/14 113/1 118/19 43/20 47/3 58/8 74/3 77/5 81/15 reasonable [2] 7/6 77/24 87/25 91/22 118/23 125/13 144/2 reasons [5] 9/11 14/20 17/6 118/22 150/4 137/4 quadrant [1] 87/15 qualification [1] 135/6 qualifications [3] 5/10 5/18 29/5 qualified [11] 62/24 64/3 64/8 66/8 102/15 116/10 118/12 118/12 120/4 123/10 127/24 qualities [1] 123/24 quality [13] 106/13 11212 117/5 119/20 120/22 122/17 122/19 129/5 137/2 139/21 141/3 141/7 141/10 quantity [2] 119/22 120/22 quarter [1] 18/3 question [21] 17/15 35/20 37/20 38/14 46/23 47/20 50/19 52/5 53/22 53/23 55/4 56/24 57/6 70/3 83/13 91/13 92/17 125/16 131/15 131/19 139/8 questions [19] 6/10 7/12 9/1 9/14 11/6 11/9 22/24 30/1 61/2 61/4 61/6 79/22 90/15 96/21 97/5 110/19 135/1 145/10 150/1 rebuild [1] 77/9 receivable [1] 101/11 receive [1] 19/2 receiving [1] 146/9 recently [1] 24/11 receptionist [1] 130/8 recess [6] 58/25 59/2 97/17 97/20 145/23 145/24 recessed [2] 3/1 10/25 recognition [2] 27/1 27/18 recognize [4] 4/2 4/6 2714 27/7 recognized [2] 18/19 102/4 recognizes [1] 143/21 recognizing [1] 6/2 recollection [2] 133/3 133/8 recommend [2] 90/5 93/1 recommendation [6] 55/21 56/22 72/3 75/20 78/4 135/19 recommended [1] 6/25 reconvene [4] 3/1 59/1 97/18 97/21 reconvened [2] 59/3 59/4 record [18] 3/3 3/9 3/15 3/22 4/4 8/18 10/6 44/17 57/18 59/19 60/6 64/15 85/17 88/1 99/24 145/3 145/16 153/11 record ig 1] 88/ recorde 1 recordi [ 1 / p� records [8] /5 3/5 1 /2 �4/r 104/15 104/18 108/6 108/8 recreational [1] 103/19 reduce [3] 138/23 139/9 139/18 references [2] 15/9 15/16 referring [1] 70/7 reflect [ 1 ] 3/3 refrain [1] 44/11 refurbishing [1] 36/8 regarding [6] 43/12 44/20 56/2 113/23 114/8 134/20 regards [1] 95/10 Regents [2] 42/11 43/19 region [2] 78/22 81/21 regional [1] 99/20 registered [3] 29/13 153/6 153/16 regular [3] 1/12 134/3 136/22 regularly [1] 7/23 5 regulation [1] 74/16 relate [1] 13/9 related [1] 100/9 relationship [1] 98/8 relationships [1] 89/6 relatively [2] 141/4 142/9 releases [1] 32/4 reliance [1] 26/3 rely [2] 17110 17/11 relying [1] 26/6 remain [7] 4/14 44/24 45/4 55/12 80/16 129/7 129/8 remaining [1] 141/4 remarkably [1] 100/5 remember [14] 30/15 31/1 49/20 63/10 85/11 85/14 87/21 91/15 122/16 131/24 132/5 133/23 133/24 139/14 renewing [2] 25/16 98/8 rental [1] 21/15 reoccurring [1] 33/17 repair [1] 24/19 repetitious [1] 38/25 replace [1] 115/15 replacement [1] 53/14 reported [1] 1/15 reporter [9] 3/10 3/23 4/2 4/4 8/22 22/5 153/1 153/6 153/16 REPORTING [2] 1/23 153/16 represent [4] 11/17 98/24 101120 106/16 represented [2] 25/22 106/11 represents [1] 98/9 reproach [1] 107/14 reputation [4] 15/11 100/19 105/12 106/9 request [1] 66/19 requested [2] 95/20 144/20 requesting [1] 96/4 requests [4] 90/19 103/13 103/18 103/19 required [14] 32/2 32/24 42/5 102/14 103/1 103/7 104/16 107/25 112/8 112/19 130/6 130/9 132/24 132/24 requirement [6] 94/4 131/12 131/12 131/23 131/24 132/4 requirements [8] 70/19 85/22 100/4 102/13 107/16 107/17 108/8 120/12 R requires [2] 109/12 132/1 research [3] 23/12 28/10 31/2 resembles [1] 11/25 reserve [1] 28/4 residents [10] 13/3 13/11 19/3 36/14 78/6 98/13 102/25 109/3 110/7 116/19 resignation [1] 64/19 resistance [1] 137/19 resolution [1] 150/4 resolve [2] 36/13 79/25 resolving [1] 129/11 Resort [ 18] 11/22 11/24 12/3 13/22 22/22 27/21 27/24 28/8 32/6 32/22 34/2 39/2 40/21 40/25 41/19 45/18 46/5 54/12 resource [5] 109/18 110/3 112/12 116/16 116/17 resources [8] 1715 83/5 87/4 96/1 103/10 109/22 115/21 130/1 respect [22] 61/15 98/1 98/18 100/15 102110 102117 102/21 103/11 105/3 110/20 112/7 115/14 119/5 120/15 129/15 135/10 135/17 139/7 139/13 139/21 139/22 140/9 respects (2] 11/25 140117 respond [1] 83/14 responded [1] 70/15 responding [2] 61/3 70/20 response [2] 44/15 152/5 responsibilities [1] 108/18 responsibility [2] 53/14 119/8 responsible [16] 16/1 16/16 18/2 28/5 38/7 40/16 40/17 52/22 56/20 65/18 70/16 99/5 107/23 108/21 109/4 126/12 restructure [1] 115/11 result [5] 112/10 117/3 117/5 117/9 133/17 resume [1] 57/1 resurfacing [2] 28/6 28/9 retain [2] 129/6 138/24 retained [2] 104/16 106/12 retention [9] 27/1 37/16 104/10 108/8 108/9 117/2 136/2 137/6 142/25 retirement [1] 12121 revenue [1] 97/12 review [6] 5/14 25/23 135/6 144/23 144/24 149/4 reviewed [5] 19/15 33/15 49/17 138/20 138/21 revisions [1] 109/1 RFP [16] 5/7 5/14 7/1 44/21 62/11 70120 78/3 85/22 86/1 94/4 144/1 144/10 144/13 144/16 145/20 149/1 RFPs [3] 85/25 90/24 90/25 rid [2] 82/23 119/16 ride [1] 81/18 right [52] right -hand [2] 6/20 8/11 Rizzetta [18] 2/11 2111 3/17 59/1 59/5 59/20 59/20 60/13 62/4 123/7 146/14 146/20 146/24 148/1 148/2 148/8 148/11 148/13 road [5] 1/23 3/21 13/4 39/13 88/20 roadways [1] 95/12 Robert [1] 2/5 rocky [1] 119/4 role [1] 58/1 roll [11] 18/9 18/13 18/21 18/23 18/24 19/11 22/10 73/9 73/19 74/11 103/1 roof [1] 83/8 room [9] 3/18 3/19 4/14 4/15 11/1 1112 113/16 118/19 118/21 roughly [2] 92/9 141/19 round [1] 92/10 route [1] 130/15 RPR [2] 1/15 153/15 rule [1] 46/1 rules [2] 3/21 102/10 run [1] 142/9 running [2] 22/8 27/12 S S.T [1] 146/5 safety [1] 25/2 said [21] 10/20 10121 10/22 12/10 13/1 13/13 27/3 39/25 41/15 58/2 74/4 113/11 117/18 123/2 124/7 126/24 129/21 143/12 144/1 144/6 153/12 salaried [1] 96/8 salaries [1] 112/4 salary [3] 49/24 70/8 72/5 Sam [1] 10714 same [24] 5/19 19/5 22/21 30/17 34/24 43/17 45/20 46/16 47/13 48/20 49/2 62/16 65/13 65/19 70/9 74/8 87/6 87/14 113/6 113/7 116/6 116/11 128/22 141/19 Sarasota [2] 11/12 16/11 sat [1] 119/6 satisfied [1] 125/15 satisfy [5] 82/5 128/17 128/17 128/18 128/19 save [6] 20/25 117121 125/1 125/13 140/25 141/6 saved [ 1 ] 45/24 savings [4] 48/23 115/2 132/10 139/12 saw [2] 54/19 109/2 say [37] 7/21 19/13 35/10 39/6 45/2 49/23 52/9 58/2 59/12 64/8 71/12 71/20 71/21 72/9 75/19 76/6 76/9 78/9 78/16 78/25 81/14 84/11 85/6 88/19 88/20 90/2 92/12 95/20 108/20 113/11 126/16 12711 128/18 140/4 144/3 145/4 148/20 saying [22] 18/15 19/11 34/11 34/16 36/9 44/23 47/14 49/13 50/16 51/21 57/19 66/23 83/4 85/14 125/6 125/9 1-27/21 136/16 139/11 148/18 149/6 149/14 saying -- [1] 125/6 says [14] 8/8 56/3 71/17 72/2 77/8 77121 84/4 95/6 95/22 113/6 118/11 118/19 144/18 145/18 scale [2] 36/7 109/9 scared [1] 10/19 scenes [2] 103/20 109/24 school [5] 14/5 14/9 14/15 16/5 46/9 Schwarzkopf [1] 27/3 science [1] 16/6 scope [2] 20/20 12011 score [6] 4/25 5/6 6/15 6/17 8/4 8/13 scores [1] 149/5 scoresheet[1] 59/7 screen [1] 105/6 scrutinize [1] 142/20 169 se [1] 129/12 seat [3] 119/6 119/24 120/4 seats [ 1 ] 36/7 se nd 11 8y1 18/6 40/21 44/8 5218 / 138/8 1 /17 15 2 2 secon 1] 28 seconded [2] 151/21 151/22 Secondly [1] 144/12 secretarial [1] 107/13 section [2] 62/7 78/23 sector [3] 12/18 16/8 29/9 Securities [4] 102/9 132/1 139/23 140/3 security [16] 27/11 27/20 39/17 39/17 41/11 42/6 42/22 44/1 49/5 54/7 88/6 88/7 88/10 88/12 88/19 128/14 see [22] 30/24 38/4 43/1 53/14 60/17 65/1 65/9 66/4 67/8 80/24 86/14 86/15 103/21 104/7 105/6 121/15 126/17 131/25 137/16 137/1' 138/12 139/12 seeing [2] 21111 136/11 seem [1] 35/18 seems [5] 46/11 65/8 68/24 83/19 94/19 seen [5] 94/25 126/2 133/25 135/3 136/19 seen -- [1] 135/3 segregate [1] 129/14 select [1] 149/3 selected [2] 26/15 44/18 selection [ 1 ] 18/5 sell [4] 67/2 67/6 67/7 89/20 sells [1] 103/14 senior [2] 65/6 86/24 sense [3] 4/19 51/25 61/18 sensitive [3] 13/10 24/7 24/15 sent [4] 84/25 85/11 111/3 145/17 sentence (1] 72/6 Sepanowitz [2] 108/22 110/23 separate [10] 20/13 24/12 34/5 38/19 49/15 60/8 62/20 63/21 92/3 105/9 separated [1] 74/21 separately [2] 45/18 47/9 September [1] 153/13 Seriously [1] 127/15 serve [1] 56/5 served [1] 12/13 serves [1] 115/5 service [40] 1/23 16/16 17/24 29/3 29/15 30/16 38/17 41/11 42121 62/22 67/2 67/2 67/6 72/17 73/17 7417 89/25 95/6 95/22 95/24 95/25 97/9 97/11 98/17 99/25 103/18 104/11 110/11 111120 113/3 113/10 113/21 117/6 117/15 122/18 129/5 132/8 138/24 139/21 153/16 service -- [1] 41/11 services [71] servicing [1] 13/9 serving [2] 60/10 100/5 session [4] 68/19 97/21 108/2 122/8 set [5] 9/6 37/13 59/18 128/20 133/12 setting [1] 28/4 settle [1] 127/18 seven [2] 28/8 63/18 seventy [1] 46/25 S several [5] 16/24 2712 51/5 113/2 143/24 Severn [35] 2112 19/24 20111 20/ 21/15 21/18 30/7 3217 34/7 34/10 34/18 35/2 35/7 43/4 47/6 47/15 47/16 47/24 54/24 55/5 97/18 97/2 100/9 137/16 146/8 146/12 146/22 147/25 148/6 148/8 148/10 148/14 150/13 150/25 151/9 sewer [1] 26/19 share [4] 36/22 57/25 82/18 114/ shared [13] 28/3 49/9 49/19 50/4 50/5 50/6 51/3 70/5 70/18 7111 72121 82/8 82/23 sharing [1] 50/17 she [13] 18/11 18/15 18/17 18/18 22/16 22120 22121 4717 47/8 73/17 107111 108/15 108/21 she'll [1] 22/13 she's [2] 22/14 47/8 sheet [5] 4/25 5/2 5/6 6/15 111/3 sheets [3] 6/17 8/13 146/3 Sheriff's [1] 88/11 Sherry [1] 57/8 shoot [1] 6/6 shopping [3] 24/16 63/3 74/4 short [2] 56/22 137/7 shorter [3] 117/3 136/2 136/17 shot [1) 88/22 should [14] 31/18 41/14 59/12 71/ 71/20 7212 75/20 75/20 88/6 97/7 119/8 125/21 126/4 147/20 shouldn't [3] 66/4 77/18 128/18 showing [2] 67/10 100/6 shown [3) 67/9 112/5 144/20 shows [3] 62/1 62/2 67/11 shuffle [1] 113/25 sick [5] 52/7 53/20 65/21 88/16 97/1 side [20] 6/20 18/7 18/20 24/16 39/12 61/24 62/19 62/20 62/21 63/3 63/5 63/12 63/13 64/10 65/25 93/13 108/6 120/14 120/14 124/2 signed [1] 81/6 significant [3] 87/24 94/1 143/3 significantly [1] 136/6 similar [7] 32/14 36/13 39/21 40/13 70/17 88/13 89/4 similarities [1] 1211 simple [1] 97/11 simply [1] 59/23 since [10] 3/9 4/1 32/21 50/11 52/2 54/16 98/6 98/20 99/11 105/5 single [4] 20/3 40/24 96/2 141/21 single - family [1] 11121 singularly [1] 16/1 sinking [1] 28/4 sir [24) 7/15 18117 21/4 31/13 34/16 35/23 41/6 42/1 45/20 47122 60/9 67/19 69/10 73/10 73/14 73/21 73/24 75/25 79/13 84/21 84/24 85/5 86/20 87/3 sister [1] 11/24 sit [11] 36/10 37/21 70/23 72/15 75/19 77/4 78/15 90/2 137/25 147/18 148/20 site [6] 36/25 37/9 37/15 56/5 82/4 82/6 sitting [10] 4/18 86/12 86/19 107/19 113/2 113/16 119/7 119/24 121/1 140/2 situation [5] 70/12 70/25 113/15 148/16 148/19 4 six [6] 10/15 31/4 65/6 67/20 114/5 142/12 13 size [4] 39/5 39/21 72/19 114/7 skills [1] 99/2 skip [1] 25/2 2 skipped [1] 23/2 slack [1] 55/2 slammed [1] 10/18 sleep [2] 148/20 149/16 sleeping [1] 150/11 18 slide [3] 15/21 15/22 23/2 slides [1] 103/4 slipped [1] 94/11 slough [1] 24/15 slowly [1] 61/12 small [3] 14/7 24/15 122/8 smaller [3] 52/12 103/10 109/10 smallest [1] 28/24 Smallwood [1] 23/20 smart [2] 18/19 97/13 smiling [1] 143/7 Smith [2] 2/5 151/23 so [83) soaking [1] 35/25 solely [3] 26/6 134/22 139/24 solve [1] 66/16 some [80] some -odd [3] 43/4 43/6 115/4 somebody [32] 34/13 48/4 51/22 3 52/16 63/9 63/11 63/12 63/13 65/21 72/21 82/16 82/19 88/16 95/6 96/25 111/24 113/23 114/4 115/18 115/19 115/22 118/15 120/1 121/19 124/13 126/25 127/12 127/24 128/6 128/7 128/9 148/21 someone [15] 24/21 31/23 63/7 66/3 94/25 103/14 112/12 114/6 114/8 119/24 123/20 123/20 123/23 123/25 138/15 someone's [1] 66/23 something [21] 21/16 24/4 25/5 26/15 26/20 47/5 53/20 55/22 70/4 74111 77/22 81/17 83/18 90/11 91/21 95/19 96/5 125/5 127/18 128/12 134/22 sometime [3] 21/7 28/7 104/12 Sometimes [1] 118/25 somewhat [3] 19/19 21/23 117/6 somewhere [4] 19/23 20/25 21/5 124/12 son [2] 10/22 10/24 sore [1] 57/2 sorry [5] 50/16 65/1 106/7 110/23 128/24 sorry -- [1] 106/7 sort [4] 6/2 91/23 116/23 145/22 Sounds [1] 36/21 sourcing [1] 141/1 South [4] 1/23 25/15 93/5 105/20 Southern [1] 16/7 southwest [5] 13/2 13/6 24/9 29/7 s 39/10 space [1] 5/2 s spanning [1] 99/25 s speak [5] 4/1 8/20 15/10 27/3 115/7 S Speakers [1) 2/9 s speaking [1] 23/6 spec [3] 77/4 131/24 139/9 S special [22] 17/13 18/9 18/21 18/23 s 19/4 19/12 20/22 21/20 22/1 25/4 57113 /17 57/18 73/22 92/4 98/2, 99/16 / 105/ 1 /16 134/1 specific [ 1 7/3, specifically [ ] 32/1 45/2 19 101/2 specs [2] 77/6 77/10 speed (1] 65/5 spend [4] 13/8 71/14 134/20 138/1 spending [2] 72/25 73/1 spent [2] 11 /10 48/10 spiritual -based [1] 15/7 Spiro [1] 1012 split [1] 88/9 spoke [1] 84/22 spray [2] 42/5 55/17 spraying [2] 49/1 56/21 spread [1] 116/17 spring [1] 49/15 Springs [3] 106/3 107/22 130/14 square [3] 106/6 141/18 141/20 squeeze [1] 141/24 Stacy [3] 64/7 74/13 74/15 Stadium [2] 57/1 57/9 staff [35] 3/16 3/17 5/11 5/17 17/9 42/3 50/11 51/19 54/1 54/4 54/5 60/10 60/23 63/16 65/14 65/17 65/19 65/23 74/6 88/21 90/3 101/9 101/16 108/21 109/19 11014 112/13 112/14 112/23 126/18 130/3 130/7 130/13 137/15 138/20 staffed [4] 62/21 62/23 81/3 82/3 stance [1] 131/20 stand [2] 71/19 94/20 standard [2] 20/17 20117 standards [1] 28/2 standing [1] 106/19 standpoint (5) 4/5 77/25 82/2 132/14 146/8 star [2] 31/15 128/1 start [5] 711 7/13 80/6 86/1 89/13 started [6] 11/15 24/21 36/18 61/7 107121 119/17 starting [3] 65/4 86/3 132/12 starts [2] 84/10 119/4 state [42] 1/16 7/14 12/8 17/22 18/20 27114 29/14 42/5 42/14 45/17 45/23 45/24 46/1 46/14 46/21 57/25 61/21 67/10 67/22 69/22 7011 90/18 98/10 98/25 99/14 99/21 99/23 100/12 100/15 100/19 100/23 102/11 102/17 10417 104/17 104/25 107/3 108/5 108/7 110/16 134/1 153/3 State's [1] 57/11 stated [4] 56/12 92/8 143/5 153/8 statements [2] 33/11 70/16 states [1] 149/2 station [3] 119/5 125/22 125/23 status [2] 68/11 68/15 statute [2] 101/19 120/12 statutes [1] 102/14 statutory [3] 100/3 102/8 102112 tay [5] 55/1 55/25 64/23 113/6 140/12 taying [1] 136/23 teer [ 1 ] 79/4 tenograph [1] 153/12 tep [5] 3/17 31/8 95/7 129/10 129/13 teve [2) 9/25 17/3 till [8] 3/4 16/20 28/17 35/4 57/3 117/15 125/22 127114 S Stonybrook [1] 106/5 stop [3] 63/2 65/22 74/4 storage [2] 76/7 76/24 store [1] 37/13 storing [1] 78/17 stormwater [4] 24/4 24/17 24/24 41/23 straight [1] 118/14 Strand [13] 11/22 13/3 13/3 14/24 15/4 25/11 39/22 39/25 40/3 40/22 41/2 4117 41/18 strategic [1] 16/24 strategically [1] 121/3 straw [1] 46/20 street [8] 24/1 28/9 41/11 41/23 50/7 51/7 51/9 70/10 streets [1] 28/7 streetscape [3] 23/22 41/9 41/21 stress [1] 140/8 stretched [1] 68/24 strong [6] 99/24 100/7 117/20 118/23 131/6 134/10 structure [7] 19/18 29/18 78/14 138/9 138/9 138/19 138/20 structured [1] 137/24 structuring [1] 69/11 stuff [1] 130/6 stumbling [1] 118/18 sub [3] 21/25 25/25 32/8 subcontract [1] 51/20 subcontractor [1] 18/14 subdivide [1] 80/3 subdivided [1] 80/3 subdivision [1] 80/13 subject [2] 125/3 144/21 submit [3] 38/5 45/22 131/18 submittal [6] 44/15 60/1 60/20 67/11 67/16 68/4 submittals [1] 132/15 submitted [4] 3/7 64/19 67/13 144/10 subsidized [1] 72/4 subsidy [1] 85/3 substantial [2] 64/1 125/1 substantially [1] 34/7 subtracting [1] 137/23 success [3] 27/6 27/7 131/9 successful [5] 13/22 14/20 17/25 52/20 86/2 successfully [1] 16/13 such [11] 53/23 90/19 98/15 101/13 103/8 107/15 112/3 117/9 134/2 135/9 144/7 suggest [3] 6/1 6/9 43/17 suggested [1] 4/23 Suite [1] 1/23 sum [4] 31/20 144/14 145/1 145/8 summarized [1] 58/1 summary [2] 28/12 110/9 Sunshine [1] 104/4 supervision [1] 138/9 supervisor [16] 42/2 48/21 48/25 49/1 49/5 49/8 50/10 50/23 51/6 51/12 114/22 116/6 146/24 146/25 147/1 148/12 supervisor's [5] 5/2 6/10 53/9 72/5 146/4 supervisors [11] 1/12 26/14 117/10 117/10 144/23 146/6 146/7 146/23 147/2 147/4 148/13 supplement [1] 25/13 supplies [2] 91/18 102/6 supply [1] 109/18 support [7] 17/9 18/7 29/23 29/25 60/23 112/14 112/14 supposed [2] 8/20 72/9 sure [30] 4/17 26/17 28/3 37/9 38/8 38/16 44/16 47/10 47112 64/21 67/3 69/1 73/18 76/20 7712 77/9 79/16 90/14 112/22 112/25 116/3 135/11 137/8 139/10 141/25 14 3/ 15 144/4 144/9 145/2 145/7 sure -- [2] 76/20 7712 sweeper [2] 50/7 70/10 sweeping [1] 24/1 switch [1] 54/23 sworn [1] 27/22 system [14] 28/7 42/15 44/1 45/14 45/17 99/7 102/20 104/6 104/9 104/18 139/4 140/9 143/15 145 /6 table [3] 97/5 118/23 119/8 tabulations [3] 8/2 8/4 149/23 tack [1] 26/11 tag [1] 90/20 take [35] 3/10 21/8 26/11 31/9 55/20 56/23 58/25 59/6 71/17 71122 72/10 73/12 77/15 79/20 81/7 84/5 89/9 96/1 97/17 115/24 116/15 119/8 120/4 123/20 124/24 125/10 125/12 125/21 126/4 126/8 131/20 132/4 134/19 138/11 140/1 taken [11] 59/2 95/23 97/20 108/17 119/11 119/13 119/15 145/24 149/23 153/8 153/12 takes [4] 23/13 88/18 123/13 123/17 taking [5] 68/9 75/10 87/11 126/11 145/22 talk [17] 11/22 19/17 25/14 30/2 31/25 53/1 54/11 60/21 63/12 63/13 66/20 78/25 80112 103/4 104/3 114/3 150/15 talked [8] 10/24 27/19 27/20 37/7 95/3 118/3 137/5 142/12 talking [16] 21/2 24/20 35/13 35/22 41/8 54/7 66/21 86/9 123/7 126/10 132/22 134/15 137/23 137/23 138/3 138/4 talks [1] 60/3 Tallahassee [2] 29/1 67/21 tally [3] 6/18 6/19 146/3 Tamiami [1] 25/25 Tampa [7] 59/21 80117 80/18 80/25 89/18 128/8 142/20 taped [1] 3/12 tasks [3] 38/8 38/10 38/15 taught [1] 10121 tax [3] 19/2 19/5 52/15 Taxpayers [1] 40/11 Taxpayers' [1) 40/9 technical [2] 108/5 144/25 technicians [1] 51/18 telephone [3] 1/24 114/5 128/6 telephones [2] 130/8 130/14 tell [45] 15/25 17/1 18/18 21/13 30/6 30/9 30/10 30/23 31/22 32/5 32/7 32/14 32/15 32/21 33/3 34/24 36/10 41/10 47/5 53/1 54/12 68/14 72/15 79/6 86/16 8717 89/25 90/10 90/12 92/15 93/20 97/6 97/7 111/25 112/4 120/5 123/7 123/19 124/19 130/23 131/23 137/8 142/17 143/5 171 143/19 telling [3] 36/4 51/24 55/18 ten [ 1 11 /22 2 6 29/2 118/5. ten- u 5 17 tend ] / 4 117/1 Ib tends 1 1 tennis [1] 0114 tent [1] 37/13 term [5] 12/17 116/1 129/23 145/1 145/8 termed [1] 117111 terminated [3] 80/4 129/3 145/19 terms [40] 18/4 23/13 24/11 24/18 27/8 28/23 29/8 34/23 37/14 39/10 39/11 40/13 41/1 60/17 62/16 63/1 63/22 64/6 64/10 64/15 70/18 74/11 83/9 87/4 88/19 90/22 93/8 93/10 93/11 93/19 99/2 99/5 102/23 106/17 107/5 108/18 109/17 120122 131/2 139/11 Tern [3] 69/25 69/25 87/13 Terry [1] 17/4 text [1] 5/13 than [41] 6/4 26/18 27/25 29/25 34/7 42/12 43/21 53/17 57/6 61/4 66/7 66/23 72/13 73/1 73/3 73/4 73/5 75/10 88/11 94/24 98/16 104/13 107/5 109/13 112/5 114/25 116/7 117/14 117/16 119/25 120/25 123/16 124/20 131/17 136/3 136/7 136/21 136/24 140/22 142/8 142/23 thank [19] 3/18 3/20 9/2 9/4 9/14 29/21 58/22 58/23 59/12 59/19 60/9 60/12 97/16 97/23 97/25 126/13 145/12 145/13 145/20 Thanks [1] 9/3 that [597] that's [126] the -- [1] 148/25 the accountant [1] 33/9 the District [1] 40/11 their [30] 4/13 4/19 4/20 4/21 6/12 9/21 14/16 19/2 20/11 21/19 21/20 26/8 34/11 34/21 36/19 40/17 44/3 45/9 45/15 58/4 65/20 66/1 69/8 89/17 90/19 103/14 103/16 117/5 145/5 146/2 them [62] them -- [1] 89/13 theme [2] 93/7 93/16 themselves [2] 15/10 66/17 then [44] 5/15 6/17 6/19 6/22 6/23 8/14 9/13 10/15 11/8 11/12 11/14 20/13 28/12 31/20 32/9 32/12 33/3 35/3 38/21 40/12 40/23 40/25 42/1 46/24 54/18 55/15 62/13 62/18 65/10 71112 75/3 82/14 83/23 84/10 85/7 89/21 92/1 94/7 117/24 124/14 128/2 131/20 149/12 151/16 theory [1] 63/1 there [96] there -- [1] 84/3 there's [19] 5/12 7/3 18/25 26/3 41/6 59/10 63/6 97/12 106/9 111/4 114/21 116/5 122/11 139/2 144/18 148/7 148/7 148/9 150/20 therefore [1] 94/15 these [36] 22/9 31/9 31/11 31/15 38/10 41/10 41/12 52/24 54/10 59/13 60/1 66/16 70/10 75/1 75/3 82/23 99/4 101/18 103/5 103/11 105/1 109/25 115/25 116/23 11712 T these... [11] 117110 120/8 121/7 122/12 122/15 124/8 128/19 129/25 136/16 140/2 150/3 they [119] they'll [2] 53/1 54/12 they're [2] 26/9 50/21 they've [1] 132/23 thin [1] 68/25 thing [38] 25/2 27/4 30/18 30/19 32/12 32/19 34/24 43/17 49/6 54/6 57/1 58/8 67/6 67/7 70/9 70/22 75/24 77/1 77/14 77/16 77/24 82/4 90/12 93/4 95/16 95/23 96/2 113/22 118/20 124/22 125/20 127/15 127/2 133/21 138/8 142/17 147/22 149/15 thing -- [1] 25/2 things [47] 10121 11/3 13/21 14/11 14/19 23/11 25/6 25/20 31/19 36/12 37/14 38/1 38/6 38/9 38/10 38/16 43/1 53/2 54/3 64/20 65/20 65/23 66/4 66/11 66/21 66/22 70114 76/8 76/13 76/14 78/13 80/23 87/6 94/2 94/8 97/2 103/6 103/20 104/2 107/14 115/17 117/19 120/13 128/1 129/21 138/2 138/18 think [95] thinking [3] 135/20 135/22 135/24 third [3] 14/4 40/23 97/12 third -party [1] 136/4 Thirdly [1] 130/17 this [189] this -- [2] 67/13 121/4 Thomas [2] 2/6 64/7 those [40] 8/5 17/4 23/25 27/13 30/17 31/19 31/25 34/8 34/19 38/6 40/17 51/8 57/24 62/9 63/18 68/3 92/15 93/12 93/18 93/20 94/5 97/2 97/5 10017 101/13 101121 102110 104/18 104/20 109/15 109/22 110/12 110/14 111/24 115/3 119/2 120/15 133/16 141/5 144/20 though [3] 20/10 86/8 122/5 thought [8] 18/15 58/11 64/25 85/18 96/23 114/15 134/11 150/3 thoughts [1] 135/7 thousand [3] 115/4 125/13 127/23 three [47] 5/22 6/22 8/10 8/12 8/15 11/3 11/5 15/24 35/13 40/9 47/24 48/3 52/12 64/2 64/12 69/19 69/24 84/14 85/23 92/18 94/5 95/22 114/12 114/15 122/12 139/2 145/9 146/3 146/5 146/6 146/9 146/12 146/16 146/23 147/1 147/4 147/5 147/8 147 /9 147/9 147/24 148/8 148/10 148/13 150/11 150/13 150/13 three -- [1] 147/8 three- year[5] 95/1 128/22 129/2 129/4 129/25 through [40] 10/17 10/23 13/20 20/8 22/8 23/8 27/24 29/15 29/16 46/8 52/2 53/14 55/12 57/9 59/6 61/19 61/19 64/1 67/24 71/3 75/16 83/8 91/8 91/11 94/11 96/24 97/8 99/7 100/2 101/25 103/22 104/13 105/11 110/1 113/17 126/1 128/10 128/11 144/22 153/11 throughout [5] 17/21 18/19 99/21 100112 100/23 throw [1] 72111 throwing [1] 75/10 thwart [1] 57/22 Tiburon [1] 92/13 tie [1] 129/17 time [68] times [4] 35/13 35/14 84/23 143/24 title [1] 7/14 to -- [2] 20/19 134/7 today [32] 3/11 7/18 8/1 8/4 9/9 9/15 9/17 10/5 11/8 11/17 14/20 23/12 28/10 37/8 45/10 60/16 61/14 62/6 72/15 79/18 85/19 86/9 98/1 101/4 113/2 113/16 124/11 128/15 132/13 147/15 149/18 149/24 together [8] 47/12 74/3 74/7 77/6 78/2 124/25 129/17 150/4 told [4] 28/16 31/5 52/17 82/21 5 tolerant [2] 23/23 23/24 Tom [1] 148/9 Tommy [2] 134/7 139/11 tomorrow [3] 53/4 68/15 68/18 ton [5] 106/9 106/9 123/13 123/13 123/14 Tony [10] 3/21 3/22 9/2 10/13 44/9 59/13 104/3 143/22 145/15 146/10 Tony's [1] 143/7 too [9] 10/13 10/24 28/16 28/17 9 35/19 52/4 120/7 121/14 142/10 took [9] 10/17 36/14 79/25 80/8 80/10 80/14 89/11 109/24 146/1 top [12] 5/1 5/5 22/9 32/19 54/21 59/10 59/11 93/19 113/8 113/20 114/2 146/7 total [4] 6/21 20/12 20/15 21/2 totality [1) 139/17 totally [4] 13/11 118/11 126/7 134/18 totals [1] 8/8 touch [4] 9/24 15/20 23/11 24/4 touched [1] 13/7 towards [3] 125/14 135/17 139/16 town [5] 11 /11 16/9 16/17 17/13 57/9 track [2] 38/14 60/25 tract [1] 24/10 trailers [2] 37/12 37/21 trails [2] 93/7 93/16 train [8] 88/19 118/8 118/9 118/10 118/16 123/12 123/20 134/11 trainable [1] 120/6 trained [3] 56/4 88/22 118/15 training [4] 26/25 27/17 44/2 118/3 transcribed [1] 22/4 transcribing [1] 66/12 TRANSCRIPT [1] 1/10 transcription [4] 3/11 3/12 3/12 153/10 transition [1] 53/19 travel [2] 88/1 88/3 tree [2] 95/18 95/20 trees [1] 95/13 Trent [35] 2112 19/24 20/11 20/13 21/15 21/18 30/8 32/7 34/7 34/10 34/18 35/2 35/7 43/4 47/6 47/15 47/16 47/24 54/24 55/5 97/18 97/22 100/9 137/16 146/9 146/12 146/22 147/25 148/6 148/8 148/10 148/14 150/14 150/25 151/9 tried [4] 57/22 66/25 88/2 116/15 troop [1] 42117 Troopers [2] 25/8 25/12 trouble [1] 90/7 truck [2] 53/12 91/1 trucks [2] 45/21 45/22 true [3] 111/19 138/2 153/11 truly [2] 64/23 71/13 It t ] 34/2 35/1 102/8 �/7 4/1 ; try [11] 54/4 8/12 117/11 117/21 117/22 123/8 124/7 137/2 trying [16] 19/13 27/15 27/21 43/1 57/6 61/4 61/5 74/3 83/20 86/3 91/15 119/14 123/11 126/15 126/16 142/15 turn [2] 3/9 145/15 turnover [1) 27/15 Tuscany [1] 105/21 Twenty [1] 16/7 twenty -five [1] 46/25 two [76] two - thirds [1] 48/11 two -year [1] 129/24 twos [2] 146/16 146/19 type [6] 11/16 25/9 29/19 78/14 84/9 132/8 types [2] 78117 89/4 typical [4] 5/15 5/21 5/23 5/24 U U.S [5] 24/14 93/16 132/1 139/23 140/3 ultimately [2] 50/19 58/4 Unanimous [1] 152/6 unbounded (1] 99/19 uncovered [1] 57/22 under [23] 5/10 8/7 12/8 16/18 16/20 20/16 24/10 24/14 36/24 63/21 74110 86/7 101/19 102/9 102/13 104/15 104/16 111/5 129/22 130/25 133/11 141/15 148/15 undergraduate [1] 16/6 underground [1] 24/19 underlying [1] 67/1 understand [30] 18/4 19/4 19/10 30/18 31/16 35/17 39/2 49/6 53/17 54/7 66/11 70/23 72/18 82/14 90/3 90/4 90/9 92/17 114/21 115/12 118/16 121/7 122/24 124/15 125/23 132/21 142/14 146/10 150/11 151/6 understandable [1] 109/3 understanding [7] 5/23 6/13 20/19 55/12 108/11 133/2 147/24 understands [2] 53/18 64/21 understood [2] 85/10 85/15 Unfortunately [1] 7/2 uniformed [3] 25/8 25/12 42/18 uniformly [1] 66/3 uniforms [2] 44/2 127/25 unique [2] 23/13 67/5 unit [2] 45/24 46/16 units [3] 13/24 14/12 39/11 university [5] 16/4 42/15 45/14 45/17 106/6 unless [3] 19/20 129/3 138/9 unlike [1] 6/7 unmake [1] 149/19 unparalleled [2] 119/21 119/23 until [7] 8/22 10/25 16/19 22124 55/2 145/19 149/14 up [52] up -scale [1] 92/24 L [1] 38/3 L [1] 67/14 ipdated [1] 62/10 U updates [2] 62/6 62/13 upon [5] 64/25 129/1 132/15 146/4 147/13 upper [1] 93/13 us [38] 3/21 20/14 20/18 22/13 22/16 25/9 26/22 30/9 35/21 36/21 39/1 41/10 52/14 63/10 70/8 70/8 70/14 75/14 77/22 79/6 79/12 85/8 89/8 89/22 90/6 92/15 97/8 99/16 108/12 108/24 109/5 114/2 114/19 118/18 123/9 125/13 133/17 136/23 usage [1] 109/18 use [14] 25/16 42/7 42/8 42/16 42/19 89/8 99/13 104/8 108/10 109/8 116/1 116/4 116/16 140/23 use -- [1] 42/7 used [10] 37/3 37/4 42/14 50/7 50/8 64/18 75/4 75/12 78/16 101 /1 user [1] 109/2 using [2] 17/4 27121 usually [1] 112/11 utilizations [1] 5/17 utilize [1] 43/18 vacant [1] 24/9 vacation [2] 65/21 66/3 Valencia [1] 89/14 valid [4] 37/9 37/15 53/22 83/20 Valley [1] 140/23 valleys [1] 109/16 valorem [1] 19/8 valuable [1] 108/10 value [4] 12122 138/2 138/4 138/7 values [2] 12/22 138/3 variety [3] 16/14 23/8 107/17 various [5] 5/7 23/4 70/10 102/13 105/5 vehemently [2] 118/25 121/1 vendors [3] 22/2 46/10 131/17 Veranda [1] 106/6 verbally [1] 62/12 version [1] 59/24 versions [1] 60/2 versus [1] 140/5 very [70] view [1] 116/24 Village [1] 105/21 Vineyards [1] 41/5 virtually [1] 133/16 virtue [1] 66/12 vocal[1] 143/5 voluntarily [1] 58/15 volunteer (1] 4/20 Volusia [1] 81/1 vote [3] 127120 127120 148/10 voted [4] 147/25 147/25 150/13 150/14 W Wachovia [2] 34/3 35/1 Wackenhut [18] 42/9 42/22 42/24 43/3 43/13 44/9 44/11 44/15 44/18 131/11 131/15 132/1 132/2 132/22 133/14 136/20 139/23 140/3 wait [6] 4/15 114/6 125/7 146/11 147/6 148/4 waiting [2] 36/19 53/3 walk [2] 63/11 90/10 walked [1] 11 /1 Walker [1] 90/16 walks [1] 74/12 want [82] wanted [14] 43/16 45/1 45/2 45/11 49/19 55/23 71/8 71/25 84/19 88/1 89/1 141/1 144/4 145/7 wanted -- [1] 71/25 wanting [2] 44/21 53/9 wants [2] 46/15 149/10 Ward [5] 2/2 2112 97/22 118/13 128/20 was [99] was -- [1] 85/1 wasn't [3] 44/18 84/4 144/25 waste [1] 41/23 watch [1] 16/23 water [7] 24/25 25/15 26/19 37/16 92/23 93/7 142/3 Watercrest [2] 96/7 135/5 way [36] 4/3 24/24 27/16 49/7 49/12 53/12 54/9 56/23 61/7 61/19 63/14 65/8 68/22 73/7 87/25 98/18 109/6 113/18 117/19 120/20 121/9 121/17 121/18 122/11 122/13 123/25 125/25 130/11 134/8 135/12 136/8 137/24 143/10 148/16 148/18 149/1 Ways [1] 1012 WCI [3] 26/8 92/22 94/10 we [488] We -- [i] 14/25 we'll [35] 9/13 10/25 22/4 53/7 58/25 58/25 61/1 62/11 62/19 63/9 65/5 65/10 67/25 69/10 75/12 75/16 75/16 78/3 78/13 79/16 81/14 86/10 89/22 90/4 90/4 90/6 90/12 90/12 97/4 97/6 97/17 97/21 103/4 134/25 151/16 we're [76] we've [39] 13/22 23/2 26/10 27/23 30/5 35/20 43/7 64/1 66/25 67/9 67/22 74/5 77/13 78/17 78/19 78/20 81/3 83/16 85/19 85/20 89/3 89/6 91/24 93/6 93/7 93/22 94/5 94/25 95/20 96/21 113/4 113/15 116/15 118/3 131/2 131/3 137/1 147/21 151/17 weaken [1] 130/19 web -based [1] 107/23 Wednesday [1] 3/3 week [8] 50/12 64/20 65/4 67/21 67/23 69/22 70/2 109/23 weeks [1] 150/11 well [31] 13/6 23/19 24/3 26/7 39/9 52/5 61/10 74/18 78/21 84/4 86/14 87/5 87/14 95/10 111/23 115/23 116/9 119/15 121/11 122121 122/25 129/14 136/25 139/1 142/3 142/4 142/9 148/24 149/11 149/22 150/2 well -- [ 1 ] 84/4 well- connected [1] 68/23 well- educated [1] 118/5 well - qualified [4] 112/25 113/13 113/19 116/13 went [2] 34/14 96/16 were [23] 18/15 25/22 38/10 38/10 43/15 44/25 44/25 45/8 53/19 54/19 58/17 67/16 70/6 85/3 85/6 86/9 90/17 127117 131/17 133/5 133/7 146/2 153/7 West [6] 106/7 106/7 106/17 106/25 10717 110/3 173 Westinghouse [1] 17/14 wet [3] 35 5 76/4 76/ wetland [1 2 5 1 what what's [81, ] / 5425 60 /LT 72 78/16 96/11 137/17 138/6 whatever [13] 44/2 65/22 66/19 78/7 78/17 80/21 90/8 95/13 117/11 124/5 134/2 134/6 149/10 when [44] 3/25 12/14 16/17 17/9 19/1 24/6 27/9 27/18 28/16 29/18 35/25 36/18 43/9 46/19 46/19 46/20 52/3 52/10 57/22 61/16 70/15 75/17 78/12 80/10 80/20 84/17 87/4 87/13 87/16 89/21 103/13 104/20 107114 108/11 108/13 112/17 122/20 123/2 131/15 132/5 136/19 142/20 145/5 147/10 where [26] 8/8 14/2 20/17 30/10 30/23 31/20 43/4 53/25 56/1 60/4 63/7 66/7 67/12 75/11 81/10 81/21 83/22 87/8 113/12 118/6 121/7 127/23 132/7 141/21 142/2 147/23 whereby [2] 43/5 48/2 wherever [2] 99/21 130/12 whether [16] 4/13 32/7 37/24 45/7 56/17 56/19 61/17 81/10 96/19 103/13 104/11 119/9 120/3 134/1 134/5 140/5 which [61] while [2] 8/1 16/11 whip [2] 6/6 6/6 who [76] who's [3] 33/7 50/23 55/1 whoever [6] 34/18 40/14 48/16 90/1 132/19 136/20 whole [11] 4/11 15/21 15/22 45/24 57/9 58/8 65/22 80/6 91/8 127/25 143/8 whom[ 1] 149/2 whose [1] 50/19 why [22] 17/23 25/22 44/18 46/10 48/25 49/1 73/6 77/15 85/9 96/20 111/9 111121 113/16 113/25 118/15 121/17 121/19 121/20 125/9 126/4 126/12 127/18 wide [2] 16/14 46/1 Wilderness [1] 93/14 will [59] William [2] 2/4 2/11 Williams [8] 64/11 65/5 66/2 78/23 79/11 86/15 88/5 90/1 willing [5] 115/6 124/15 131/17 133/7 142/24 WilsonMiller [2] 80/4 80/14 win [1] 133/20 winded [2] 10/13 28/17 window [1] 96/17 wish [4] 4/14 65/2 142/5 147/16 wishes [1] 132/18 with -- [2] 7/17 130/17 withheld [1] 57/16 within [19] 12117 14/22 24/8 25/25 28/7 29/2 37/22 72/24 72/24 81/15 81/16 83/1 95/19 95/22 102111 117/2 12811 133/10 143/11 within -- [1] 72/24 without [9] 17/7 17/8 20/8 43/14 60/7 66/5 133/8 138/24 148/5 witness [ 1 ] 18/20 wold [1] 121/13 woman ril 18/19 W won't [4] 36/5 36/5 124/19 126/8 wonder [1] 92/19 wonderful [3] 12/16 13/14 23/22 wondering [4] 43/8 43/11 84/18 90/17 word [1] 128/4 words [8] 7121 34/4 57/24 84/9 86/25 91/22 127/7 133/5 work [56] worked [5] 18/16 40/16 79/2 100 /1 119/15 Worker's [1] 136/5 Workers' [2] 135/16 136/14 working [16] 11/11 16/9 42/21 43/2 64/13 71/4 96/20 98/14 105/25 114/19 114/19 116/8 117/14 121/4 121/5 124/11 works [11] 9/22 18/10 18/11 24/22 51/4 70/8 70/9 130/5 140/6 142/3 142/4 ' workshop [1] 25/23 workshops [1] 25/18 world [3] 12/17 50/23 65/22 worries [1] 52/7 worry [4] 88/15 108/13 134/25 140/5 worth [4] 25/7 4217 50/23 130/24 would [110] wouldn't [2] 124/11 131/13 wrestle [1] 83/21 Write [1] 8/12 writing [1] 85/4 written [4] 48/7 7217 84/4 149/1 wrong [5] 57/21 84/16 120/13 120/14 130/18 wrongdoing [3] 57/15 57/22 58/6 Y y'all [1] 126/18 yard [1] 68/25 yard [1] 68/25 year [38] 13/2 13/5 14/17 18/3 19/23 21/1 22/16 25/7 33/22 34/10 34/25 36/18 36/25 37/22 45/21 48/1 48/11 48/19 52/19 67/25 84/10 84/17 85/8 92/11 93/24 109/2 113/2 115/5 119/12 122/23 123/1 125/24 136/24 136/24 137/5 137/7 140/10 144/14 years [52] years' [1] 130/24 yes [47] 7/15 8/17 8/19 8/22 21/4 31/13 33/12 33/14 34/6 35/23 38/22 42/1 45/20 4717 47/22 55/9 56/22 59/15 60/9 67/19 69/10 72/15 73/10 73/14 73/21 73/24 74/2 75/25 77/21 79/13 84/21 84/24 85/5 86/20 87/3 90/14 90/25 91/3 91/6 91/19 92/10 111/2 111/13V 12.2/13 125/17 127/13 151/15 .yesterday [1] 111/4 yet [2] 111/7 135/19 York [2] 75/7 75/12 you [561] You -- [1] 38/3 You'll [5] 8/16 33/10 33/13 38/4 74/6 you're [45] 7/17 20/12 20/14 2112 21/5 27/9 30/3 30/16 34/13 36/9 41/8 42/24 48/15 49/13 49/18 52/5 52/8 52/11 52/15 54/7 54/21 68/24 7117 71/21 72/12 72/13 72/25 73/1 75/11 76/4 82/15 92/3 114/4 115/9 118121 120/3 126/10 126/11 128/22 128/25 135/20 136/16 139/20 139/21 149/6 you're going [1] 68/24 you've [16] 9/17 37/13 48/15 59/16 64/22 67/3 85/8 96/19 96/25 113/5 114/5 121/15 121/16 148/24 148/25 149/20 young [3] 10/9 27/10 27/12 your [133] your -- [1] 31/10 yours [1] 9/23 yourself [5] 20/13 46/2 73/1 88/8 112/25 yourselves [1] 109/3 161 IB-z, 4/ j /(I / October 6, 2004 Fiala TRA CRIPT OF THE MEETING OF THE COLLIER COUNTY Halas PMENT SERVICES ADVISORY COMMITTEE Henning Coyle Naples, Florida, October 6, 2004 Coletta LET IT BE REMEMBERED that the Collier County Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:30 PM in REGULAR SESSION in Conference Room "610" in the Collier County Development Services Center, Naples, Florida, with the following members present: CHAIRMAN: MEMBERS EXCUSED: Bryan Milk Justin Martin Charles Abbott Clay Brooker Dalas Disney Robert Duane Marco Espinar Blair Foley Brian Jones Thomas Masters Robert Mulhere Thomas Peek Herbert Savage Peter Van Arsdale William Varian STAFF PRESENT: Roy Anderson, Director, PUED Denny Baker, Director of Financial Administration & Housing Tom Kuck, Director of Engineering Services Sandra Lea, Executive Secretary, CDES Administration Amy Patterson, Impact Fee Manager, CDES Philip Tindall, Principal Planner, Tranportation Patrick White, Assistant County Attorney pp ALSO PRESENT: David Ellis, CBIA 1 .; ) �1 I C.� /62 /Cl October 6, 2004 Chairman Justin Martin called the meeting to order at 3:35 PM. I. APPROVAL OF AGENDA: On motion duly made by Thomas Peek and seconded by Thomas Masters, the meeting agenda was unanimously approved 14 -0. II. APPROVAL OF MINUTES — SEPTEMBER 1, 2004 MEETING On motion duly made by Thomas Peek and seconded by Herbert Savage, the minutes of the September 1, 2004 Development Services and Advisory Committee (DSAC) meeting were unanimously approved 14 -0. III. STAFF ANNOUNCEMENTS A. Community Development & Environmental Services Division Update — D. Baker On behalf of Joseph Schmitt, Mr. Denny Baker, Director of Financial Administration and Housing, reported that Dalas Disney, as representative of the DSAC, has been invited to attend all meetings of the Hansen Process Review Board of Directors. Mr. William Hammond, the newly appointed Director of Building Review and Permitting, will be returning from vacation on Monday, October 11, 2004. With respect to the summary of the September 151h Permitting and Land Use Process Review Conference, Ms. Lea will ensure that all members of the DSAC receive a copy. Mr. Mulhere provided a brief overview of the meeting outcomes, specifically noting the suggestion to create a master list for SDP application submittals. Mr. Baker advised that the CDES fee schedule will be presented to the BCC for consideration on October 26, 2004, noting that with the exception of minor language clarifications and a fee re the Property Maintenance Code, there are no fee changes. B. Transportation Division Update — P. Tindall/A. Patterson Ms. Amy Patterson, CDES Impact Fee Manager, and Mr. Philip Tindall, Principal Planner, Transportation, reviewed the Road Impact Fee Annual Mid -year indexing, which was established by Ordinance 2002 -66, adopted by the Board of County Commissioners on December 3, 2002. Ms. Patterson advised that application of the indexing equates to an average increase of 7.2% above the current Road Impact Fees. A Resolution to address the increase will be presented 2 16_Z /c / October 6, 2004 to the Board of County Commissioners for consideration on October 26, 2004 with an effective date of November 1, 2004. Mr. Tindall reviewed the fee schedule and the methodology used in determining the fee increase. Ms. Patterson further advised that requests for proposals will be submitted with respect to an impact fee study to be conducted in 2005. Members of the DSAC expressed growing concern with respect to the negative impact that fees have on the economics of business and entertainment in Collier County. Start -up costs for business in the County are a major deterrent to new business. In response to a request by Chairman Justin Martin, Ms. Patterson provided a cumulative summary of fees for a typical single - family dwelling (2,800 square feet). Ms. Patterson agreed to update the summary with each fee increase. C. Public Utilities Division Update — R. Anderson Mr. Roy Anderson, Director of PUED, reported that a 5% water and sewer rate increase was implemented October 1, 2004. He added that the rate for reclaimed water also increased by 2.5 %. Chairman Martin commented regarding a requirement that pump stations have a method in place to meter the flow; however, meters are not being read and Chairman Martin, therefore, questioned the purpose of the meters. He suggested that the Utility Code Subcommittee ensure that the items on the new application are consistent with the County detail. Mr. Anderson will follow -up re this matter. IV. OLD BUSINESS There was no outstanding Old Business. V. NEW BUSINESS A. Administrative Code Patrick White, Assistant County Attorney, reviewed a proposed ordinance regarding the creation of an Administrative Code, which provides a structure of regulations for selected administrative functions regularly performed by County government. Upon review, it was pointed out that certain areas of the document conflict with the Land Development code. Mr. White commented that changes will be made as needed; the process for amending the document is yet to be determined. However, he suggested that a Subcommittee of the DSAC should offer initial review of amendments and then submit their recommendation (s) to the full DSAC. Once there is agreement on the process, a determination will be made as to how the standards will be amended. October 6, 2004 The Ordinance will be submitted to the Board of County Commissioners for consideration October 12, 2004 and become effective October 18, 2004. Following discussion and on motion duly made by Robert Mulhere, seconded by Tom Masters and carried 11 -2, the DSAC recommended that the Board of County Commissioners approve the creation of the Administrative Code with the condition that the staff, between now and the Board meeting and subsequent to that event, review the language that is included in this initial implementation of the Administrative Code to ensure its accuracy and that it reflects the appropriate language according to and consistent with the Land Development Code. VI. SUB - COMMITTEE REPORTS A. Land Development Regulation — T. Masters Mr. Tom Masters reported that the Land Development Regulation Subcommittee met for the purpose of further discussing the 2nd Cycle LDC Amendments, specifically with respect to greater flexibility regarding the standards for recycling dumpster enclosures. He advised that a single use office would not be required to develop an entire dumpster site. Mr. Masters also advised that upon review, staff decided not to incorporate the architectural recommendations submitted by AIA. Mr. White noted, however, that upon review of the AIA recommendations by the Collier County Planning Commission (CCPC), all issues outlined by AIA were resolved. A consensus document, approved by the CCPC, will be presented to the Board of County Commissioners on October 13, 2004. B. Budget and Operations — P. Van Arsdale Mr. Van Arsdale reported that the Budget and Operations Subcommittee is continuing to work on its goals and objectives. He commented, however, that the Subcommittee needs the assistance of staff in order to accomplish its goals. Mr. Van Arsdale will contact Joe Schmitt, CDES Administrator, regarding this matter. C. Utility Code The minutes of the September 21, 2004 Utility Code Subcommittee meeting were distributed. In response to a question raised by Chairman Martin re the pertinence of having a verbal report from the Subcommittee, it was the consensus of the DSAC members that a written summary (i.e., minutes) is sufficient. 4 14Z /(:ii October 6, 2004 VII. COMMITTEE MEMBER COMMENTS Mr. Mulhere requested that an update regarding DSAC vacancies and the process for filling the vacancies be presented at the November 3, 2004 DSAC meeting. Messrs. Marco Espinar and William Varian advised that they will not be present at the November 3, 2004 DSAC meeting. Mr. Dalas Disney advised that his 4 -year term as a member of DSAC expires on December 14, 2004. However, he was advised by Sue Filson, Executive Manager, Board of County Commissioners, that if interested in doing so, he may submit an updated application and letter indicating his interest in continuing to serve on the Committee. Prior to submitting an application, he requested that the Committee offer some indication of whether or not his continued participation would be supported by the Committee. Members of the DSAC offered full support of Mr. Disney's reappointment. Mr. Disney cautioned DSAC members that certain aspects of architectural section 505 of the Land Development Code, from a design perspective, will be more costly. Mr. Herbert Savage commended the work of Patrick White and further expressed his gratitude for his efforts. Mr. Van Arsdale referenced an article in the "Manager's Annual Review" regarding customer service in Community Development, expressing his hope for greater commitment to the development of performance standards. Mr. Disney referenced his earlier comments regarding the Permitting and Land Use Process Review Conference, hosted by Joseph Schmitt on September 15, 2004, stating that the conference was very worthwhile with positive outcomes. A summary of the conference will be sent to the DSAC members. VIII. NEXT MEETING DATE The next meeting of DSAC will be Wednesday, November 3, 2004 at 3:30 p.m. in Conference Room 610. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:05 PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman Justin Martin Hale ✓ , Haias ��_. _.L Henning Coyle Colette ._ October 13, 2004 401-Z /c /X TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE BUDGET & OPERATIONS SUB - COMMITTEE Naples, Florida, October 13, 2004 LET IT BE REMEMBERED that the Collier County Budget and Operations Sub - Committee of the Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION in Conference Room 610 in the Collier County Development Services Center, Naples, Florida, with the following members present: CHAIRMAN: Peter Van Arsdale Charles Abbott MEMBER EXCUSED: Cynthia Caterham Dalas Disney Blair Foley William Varian STAFF PRESENT: Joseph K. Schmitt, Administrator, CDES William Hammond, Director, Building Review & Permitting Sandra Lea, Administrative Assistant, CDES Administration Chairman Peter Van Arsdale called the meeting to order at 3:20 PM. I. DISCUSSION RE GOALS AND OBJECTIVES: Mr. Van Arsdale expressed concern regarding the inability of the Subcommittee to meet its goals and objectives with respect to performance standards in the absence of any assistance /follow -up by a specific staff member. He further stated that there is currently no comprehensive tool available for measuring performance. Mr. Van Arsdale referenced a list of review times established by the Subcommittee for SDPs, noting that there has been no response by staff regarding the listing. agreed that benchmarks V �� Mr. Schmitt a gr hmarks and the ability to measure performance are needed, but the current management system does not provide the ability for, tr� l C /6Z l C A October 13, 2004 review times through an automated system. It is anticipated that the Hansen system will accurately and efficiently measure data to provide a good tracking mechanism for both SDPs and building permits and further provide overall visibility of project status. He cautioned, however, that the time devoted during the next year for training re the Hansen product will slow the review process even further and negate the ability of staff to immediately meet the performance standards established by the Subcommittee. Relative to the perceptions that SDP review times are lengthy, Mr. Schmitt commented that most applications are incomplete upon first submittal, extending the review time unnecessarily. Currently, SDP review times are tracked manually. Upon review of 64 SDP applications, only 3 were sufficient. The time span for resubmission is generally 3 -24 days. In view of the high volume of building permits, it is not feasible to devote staff time for manual tracking of these permits. Currently, the goal for review of residential permits is 15 days and 30 days for commercial. For complete first submittals, the goal has been easily met. Relative to Environmental Services, Mr. Schmitt commented that staffing shortages have created a lag in the ability to conduct reviews in a timely manner. Mr. VanArsdale commented that, currently, departments are operating in a vacuum and feels there is no sense of urgency for completion by staff. He requested that Zoning review and provide input to the Subcommittee re the performance standards prepared by the Subcommittee so that the standards can be finalized in preparation for the Hansen product. Mr. VanArsdale added that he would like to be included in the discussions with Hansen regarding fire code review, noting that, currently, first submittals are typically disapproved by the Fire Code Official. Discussion followed with respect to the restrictions the LDC place on commercial growth. Mr. Schmitt encouraged the DSAC to point out to the Board of County Commissioners areas of the LDC which cause bottleneck and interference to commercial growth (i.e., restrictions on renovation of buildings and parking). Following discussion, Mr. Schmitt indicated that Sandra Lea should serve as an intermediary in terms of identifying the appropriate staff member to respond to concerns /suggestions of the DSAC Budget and Operations Subcomittee. He added that he will need to gain the approval of the Directors to devote staff time in this regard. Staff should be provided adequate time to respond to the Subcommittee (i.e., 2 months). Mr. Hammond will attend the November 10, 2004 Subcommittee meeting to review current performance standards. II. NEXT MEETING DATE The next meeting of the DSAC Budget and Operations Subcommittee will be Wednesday, November 10, 2004 at 3:00 p.m. in Conference Room 610. 2 - /&Z l G 14 October 13, 2004 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:30 PM. COLLIER COUNTY BUDGET & OPERATIONS SUB - COMMITTEE OF THE DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman Peter Van Arsdale Fiala Halas Henning. Coyle AGENDA Coletta (Revised) COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, OCTOBER 21, 2004, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NOTE: The public should be advised that a member of the Collier County Planning Commission (Bob Murray) is also a member of the Community Character /Smart Growth Advisory Committee. In this regard, matters coming before the Collier County Planning Commission may come before the Community Character /Smart Growth Advisory Committee from time to time. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES —SEPTEMBER 2, 2004, REGULAR MEETING; SEPTEMBER 16, 2004, REGULAR MEETING 6. BCC REPORT- RECAPS —SEPTEMBER 21, 2004, REGULAR MEETING; SEPTEMBER 28, 2004, REGULAR A 4UU -rri rr_ 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS ADVERTISED PUBLIC HEARINGS 1 !6Z /CZ A. Petition: CU- 2004 -AR -57461 Jesse J. Hardy represented by Richard H. Thompson, P.E, requesting Conditional Use #1 of the "A" Rural Agricultural District for excavation of ponds in conjunction with the permitted use of Aquaculture. The property is located approximately two miles south of I -75 and one mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida, and consists of 160± acres. (Coordinator: Mike Bosi) B. Petition: CU- 2004 -AR -5770, Office Depot represented by Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc. requesting Conditional Use 11 of the C -3 zoning district for an Office Depot located at 10419 Tamiami Trail North (U.S. 41). The property is located approximately 1/2 mile south of Immokalee Road on Tamiami Trail N (U.S. 41) between 104th Avenue North and 105th Avenue North, in Section 28, Township 48 South, Range 25 East, Collier County, Florida, consisting of 1.85± acres. (Coordinator: Ray Bellows) 9. OLD BUSINESS A. WORKSHOP TOPICS 10. NEW BUSINESS A. Outstanding Advisory Committee Member Program: The objective of this program is to recognize significant contributions to the organization and/or community by members of the many advisory boards and committees formed to assist the Board of County Commissioners in carrying out their elected duties. All committee members who have completed at least one year volunteer service on an advisory committee are eligible for nomination. 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN CCPC Agenda/RB /sp 2 Fiala Halas Henning AGENDA Coyle COLLIER COt90ttP MMISSION WILL MEET AT 8:30 A.M., THURSDAY, NOVEMBER 4, 2004, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NOTE: The public should be advised that a member of the Collier County Planning Commission (Bob Murray) is also a member of the Community Character /Smart Growth Advisory Committee. In this regard, matters coming before the Collier County Planning Commission may come before the Community Character /Smart Growth Advisory Committee from time to time. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES — SEPTEMBER 22, 2004, LDC MEETING; OCTOBER 4, 2004, LDC MEETING; OCTOBER 7, 2004, REGULAR MEETING 6. BCC REPORT- RECAPS — Not available at this time. 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS ADVERTISED PUBLIC HEARINGS (�L 1 lto-7 lCZ. A. Petition: VA- 2004 -AR -5878, Michael J. Needham and Wendy B. Needham, property owners, represented by Michael A. Durant of Conroy, Coleman and Hazzard, P.A., requesting a 7 -foot variance in the PUD zoning district from the required 15 -foot rear setback, to allow an eight -foot (8) setback, within which the petitioner wants to extend an existing screen enclosure. The property, consisting of 17,077 square feet, is located at 720 Bay Tree Court; further described as Site 7, Block A, Pelican Bay Unit One, in Section 4, Township 49 South, Range 25 East, Collier County, Florida. (Coordinator: Kay Deselem) CONTINUED FROM 9/16/04 B. Petition: VA- 2004 -AR -6140 Pine Ridge Investors of Naples, LLC, represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., requesting a variance to reduce the 15 -foot external PUD setback for the western PUD boundary of the Pine Ridge Center PUD; and the eastern PUD boundary of the Pine Ridge Center West PUD to permit a 0 -foot setback from the common PUD boundaries. Due to the now common ownership of both Planned Unit Developments, it is the intent of the property owner to develop a unified project. The variance is necessitated by the presence of a jurisdictional wetland area that was detected on the Pine Ridge Center West PUD, which was not represented on the approved conceptual PUD master plan. Coupled with local requirements for setbacks from wetland areas, and the 15 -foot PUD boundary setback, the development envelope is altered to the point that it leaves an area of approximately 100 feet in width to construct the proposed office building use. The properties are located on Pine Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 8.73± acres (Pine Ridge Center PUD); and 8.87± acres (Pine Ridge Center West PUD). (Coordinator: Robin Meyer) C. Petition: CU- 2004 -AR -5770 Office Depot represented by Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc. requesting Conditional Use 11 of the C -3 zoning district for an Office Depot located at 10419 Tamiami Trail North (U.S. 41). The property is located approximately 1/2 mile south of Immokalee Road on Tamiami Trail N (U.S. 41) between 104th Avenue North and 105th Avenue North, in Section 28, Township 48 South, Range 25 East, Collier County, Florida, consisting of 1.85± acres. (Coordinator: Ray Bellows) CONTINUED FROM 10/21/04 D. Petition: PUDZ- 2004 -AR -5220, Land Development Group, LLC, represented by Ronald Nino, AICP, of Vanasse Daylor, LLP, requesting a rezone from Rural Agricultural (A) zoning to Mixed Use Planned Unit Development (MUPUD) for a project to be known as the Buckley Mixed Use PUD to allow for mixed -use commercial and residential development. The PUD is proposed for a maximum of 251 residential dwelling units, a maximum of 74,230 square feet of retail commercial, and a maximum of 97,070 square feet of office commercial uses. The property is located at 7501 Airport - Pulling Road, in the northwest quadrant of the intersection of Airport- Pulling Road and Orange Blossom Drive, north of the Collier County Regional Library, in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 22.84± acres. (Coordinator: Kay Deselem) OLD BUSINESS 10. NEW BUSINESS 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 11 /4 /04 /CCPC Agenda/RB /sp 2 l b Z ICL September 16, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, September 16, 2004 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Russell Budd Mark Strain Lindy Adelstein Paul Midney Kenneth Abernathy Brad Schiffer Robert Murray Robert Vigliotti Dwight Richardson ALSO PRESENT: Joe Schmitt, Community Dev.& Environmental Services Ray Bellows, Chief Planner; Zoning& Land Dev. Review Patrick White, Assistant County Attorney Marjorie Student, Assistant County Attorney vf$ I c:z 1 /6-7- A?A September 16, 2004 1. Chairman Russell Budd called the meeting to order at 8:30 AM and Pledge of Allegiance was recited. 2. Roll Call — a quorum was established. 3. Addenda to the Agenda — Add "E-mail Addresses" under Old Business. 4. Planning Commission Absences — Mr. Murray will not be present at the October 7th meeting. 5. Approval of Minutes — not available at this time. 6. BCC Report - Recaps- not available at this time. 7. Chairman's Report — None 8. Advertised Public Hearings (Petitions) A. VA- 2004 -AR -5878 — Continued to November 4, 2004 B. CU- 2004 -AR -5770 — Office Depot represented by Vincent A. Cautero of Coastal Engineering Consultants, Inc. requesting Conditional Use 11 of the C -3 zoning for an Office Depot located at 10419 Tamiami Trail North (US 41). The property is located approx. % mile south of Immokalee Road on Tamiami Trail N (US 41) between 104th Avenue North and 105th Avenue North in Collier County, Florida, consisting of 1.85 acres. Disclosures: Mr. Budd spoke with the petitioner's attorney and engineer. Also received e -mail. Mr. Murray also spoke with the petitioner's attorney and received e- mails. Mr. Schiffer read an e-mail from Chris Carpenter. Mr. Viglioti spoke with Mr. Yovanovich. Mr. Strain had the same contacts as the above. PETITIONER Mr. Yovanovich — had been told this morning they need to place two more signs on their property under the Counties interpretation of the Notice Ordinance. Therefore he is requesting a continuance. He mentioned a sign needs to be placed on 104th and 105th. Joe Schmitt — Administrator, Community Development & Environmental Services — he stated he informed Mr. Yovanovich they could continue to hear it today, but may be a potential risk the BCC may have it taken back to the Planning Commission if they deem 2 September 16, 2004 it wasn't properly advertised. It's in question whether they are in violation, but to insure there is no challenge the petitioner is requesting a continuance. Marjorie Student — Assistant County Attorney — stated the courts construe notice is requirements quite strictly. If not all met, and there wasn't good notice the action void. They think there was reasonable notice and advised the petitioner, but best to meet the requirements. Mr. Adelstein moved to continue until October 21st. Second by Mr. Murray. Carried unanimously 9 -0. * *Mr. Schmitt read the names of persons that registered to speak for the last Petition and advised they can speak now or wait until it comes back. The people asked to speak when the Petition is presented again. C. PE- 2004 -AR -6093, Dougall McCorkle, of the Lutgert Companies, represented by Wayne Arnold, SICP, of Grady Minor and Associates, requesting a parking exemption to allow off -site parking on 2 lots zoned residential multi- family (RMF -6) to serve proposed general and medical office uses on a parcel zoned general commercial (C -4), which is contiguous to the subject properties. Access to the parking lot will be for, the commercial parcel for the existing 20 foot wide public alley. The subject property is located at 4817 -4819 west Alhambra Circle and 1013 -1015 North Alhambra Circle in Collier County, Florida. Disclosures: Mr. Budd spoke with applicants Attorney. Mr. Schiffer read the Estes letter. (not provided) Mr. Adelstein read the letter and talked with Wayne Arnold. Mr. Strain spoke with Wayne Arnold. Mr. Murray spoke with Mr. Yovanovich. All those testifying were sworn in by Mr. Budd. PETITIONER Rich Yovanovich — on behalf of the petitioner — showed picture on screen —this is a parking exemption request for the redevelopment of the Witches Brew on US 41. The Lutgert Companies have acquired the property. They will re- develop the property into a Class A building. Going through the original design for the property and getting all the requirements they needed, they found the building was overwhelming for the neighborhood. The Lutgert Companies acquired an option on two of the RMF -6 lots. They were shown on the map. They are seeking a parking exemption to put 44 parking spaces on the property to bring the height of the building down to approx. 55 feet. This would make it more in character with the neighborhood. They would have a wall — 3 /6a lCZ September 16, 2004 He showed the area on a map. There is an existing alleyway used for a cut - through right. There would be a wall next to Lot 31 and also between "them" and Lot 28. Would be a 6 feet wall set -back 6 feet with landscaping on the residential side. They feel this is a better alternative for the neighborhood and have not received any letters of objection. One gentleman did send a letter; they met with him, and has since written and sent another letter is in favor of the proposal. They have met all the criteria in the LDC and staff is recommending approval. He is asking they make a recommendation of approval to the BCC. STAFF Robin Meyer — Zoning and Land Development Review — they have evaluated the project and find it consistent with all the criteria. Two letters were received after the staff report had gone out — it was emailed to all the Planning Commissioners. One was objecting to the project, one said his objections were taken care of Mr. Meyers recommended they add a 5th condition. It includes the walls Mr. Yovanovich referred to. He would like to add that to the list of conditions. Mr. Schiffer had trouble looking at the Resolution and asked about Exhibit A and B. Exhibit A is the Site Plan. Exhibit B is the legal description. Mr. Meyer mentioned Fred Reischl had forgotten to do the Resolution and hurried to finish it. Lighting might be another condition the Planning Commissioners would like to address according to Mr. Meyers. Low level lighting was suggested as not to spill over into the neighborhood. Mr. Schiffer was concerned about the height of the fixtures. Mr. Schiffer asked about the way the wall was located being 1/3 of the way off the property line and buffer. He asked if it could be moved closer into the parking lot so the trees could be on the residential side for esthetics. Mr. Yovanovich mentioned they would do that if the Code allowed them to. There will be plantings on the residential side and parking lot side of the wall. Mr. Abernathy asked which lots or where Brad Este's duplex was. Mr. Yovanovich answered he is 5 lots to the south. He was satisfied after discussing the area with him. They are also putting battered lights if the Code will allow. He also wanted to make sure all the proper paperwork and site plans and resolutions are updated with the recommendations and made available. Mr. Budd questioned if there was a disclosure of the shareholders or principals to make sure there isn't a potential conflict. Mr. Patrick White — Assistant County Attorney - didn't feel the objective of the Chair was to put staff on the spot, but part of the problem is the hand off at a relatively late date prior to the hearing. It may be a concern with the conditions and exhibits to be attached and also analysis of the application. He is leaving it up to Mr. Yovanovich to see where he wants to take the application. He feels what they have in front of them is sufficient for El 16Z le- September 16, 2004 their consideration. If they discern there may be a potential for a disclosure for voting conflicts and depending upon the way the vote goes, it may be immaterial. Mr. Yovanovich stated Mr. McCorcal can give you information concerning the entities to see if there are any conflicts. Mr. Dugal McCorcal is with the Lutgert Companies and Vice President of Commercial properties. Lutgert Companies LLC is a separate entity like most of their properties and the majority owner is Scott Lutgert — Chairman of Lutgert Companies. A minority interest would be 4 management individuals within the Lutgert Companies; himself, Mr. McCorcal, Richard Baker President, Howard Guppin President, and Kurt Lutgert Vice President. Note: (Spelling of names were not given for transcript) Mr. Strain asked about Lot 31 showing a zero setback. Mr. Yovanovich responded he didn't think it was accurate or part of the application. Mr. Patrick White — Assistant County Attorney — stated this is a conceptual site plan. It would have to come in for subsequent review to insure the regulations and conditions are met. Mr. Adelstein moved that AR -6093 be forwarded to the Board of County Commissioners for recommendation of approval subject to staff recommendations. Also to agree to Item 5 for the additional privacy walls. Second by Mr. Schiffer. Mr. Strain asked the lighting be included in the motion. The motion maker and second agreed. Motion carried unanimously 9 -0. D. RZ- 2004 -AR -5876 — Commerce Center at Napes LLC represented by Robert J. Mulhere of RWA, Inc., is requesting a rezone from the "I" (Industrial) and C -5 to the C -5 (heavy commercial) zoning district. The subject property is located at 3400 Radio Road in Collier County, Florida. Consists of 5.36 acres. Disclosures — None. All those testifying were sworn in by Mr. Budd. PETITIONER Mr. Bob Mulhere — RWA Incorporated — gave history of the past 2 years with tenants within the commercial center. He gave and showed the location being at the corner of Radio and Airport Roads. The gas station located at the intersection is not part of the petition. The actual property is an L shaped format and behind the gas station. There were a number of uses in the complex and was mostly an office complex. Restaurants, professional office, chiropractor and several professional service type uses, David Lawrence center and more are in the complex. A portion is of it is C -5 and industrial. A &Z le-a September 16, 2004 number of the uses were deemed not to be permitted uses within the industrial district. This was found when they renewed their occupational licenses. The County started to review all the uses and determined 7 -8 or 9 have moved out because they were unable to renew their occupational licenses. Staff recommended they come in for the rezone C -5. It has been reviewed and found consistent with the commercial infill criteria in the plan and planning staff recommended approval. He received one phone call from the Naples Airport Authority and found the height was no problem. There was a public meeting. One person showed up and found the intention of the rezone was fine. STAFF Mike DeRuntz — Principal planner with the Zoning Land Review Dept. — received no calls or letters or objections and staff is recommending approval. Mr. Schiffer asked about the land use on page 3 of the report — asked what PU was. It is "Provisional Use ". When the Bingo hall was there previously it required a Provisional Use approval. Mr. Strain — page 7 — addressing section — read this section and asked why it was in the report. Mr. Schmidt said it would be taken care of. Page 1 of the rezone findings - #3 — part of it referred to it as a PUD. Mr. Bellows stated it is not and "rezone" will be the substituted word. Hearing is closed for motion and discussion. Mr. Murray moved approval of RZ- 2004 -AR -5876. Second by Mr. Midney. Carried unanimously 9 -0. The next two petitions are continued to October 7, 2004 9. Old Business A. County Email System — Mr. Strain mentioned at the workshop last week they were given papers to sign by the IT Dept. He asked for the others and will take to IT after the meeting. Ray sent a request for any issues they may have. Mr. Strain noted he still hasn't received an email address for the site to use the address — nor a password in order to use it. Mr. Bellows responded Mike will call each individual Planning Commissioner to get it corrected. * *Mr. Budd mentioned Mr. Richardson's term has expired and this is his last meeting. 3 /6-7- W September 16, 2004 * *Mr. Patrick White informed the Planning Commission that the revisions of the Recodification of the Land Development Code were to be effective Monday the 27th. He intends to present to the Board on Tuesday the 21 st, an emergency Ordinance that will extend the effective date to October 18 of the provisions. The Ordinance that was passed may be an Amendment to the Code of Laws that had an effective date that was tied to the LDC Ordinance. It may be extended assuming the Board adopts the Emergency Ordinance. LDC will become effective 10/18/04 rather than 9/27/04. "Mr. Budd commented an email was sent out to all the Planning Commissioners that the Florida Chapter of the American Planning Association is having the Annual Convention in Gainesville Florida. As part of the Agenda there is a two day training program for Planning Commissioners. County will reimburse Planning Commissioners for the registration expense only. A Commissioner would front the expense first and then apply for reimbursement. Agenda looks like a good program. Mr. Schmitt stated the dates are October 13 -16 in Gainesville. "There is an LDC hearing planned for Wednesday, September 22nd, at 5:05 PM. 10. New Business — None 11. Public Comment Item — None 12. Discussion of Addenda — None There being no further business for the good of the County, the meeting was adjourned at 9:06 AM. COLLIER COUNTY PLANNING COMMISSION Chairman Russell Budd 7 Fiala Halas Henn CoylC Colet September 22, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION/ LAND DEVELOPMENT COMMISSION Naples, Florida, September 22, 2004 LET IT BE REMEMBERED, that the Collier County Planning commission in and for the County of Collier, having conducted business herein, met on this date at 5:05 P.M. in SPECIAL SESSION in Building "F" of the Government complex, East Naples, Florida, with the following members present: CHAIRMAN: Russell Budd Mark Strain Lindy Adelstein Paul Midney Kenneth Abernathy Brad Schiffer Robert Murray Dwight Richardson ALSO Present: Joe Schmitt, Community Dev. & Environmental Services Patrick White, Assistant County Attorney 1. Note: No Court Reporter present. 2. Chairman Russell Budd called the meeting to order at S:OOPM and the pledge of allegiance was recited. 1�C��tCZ 161- lea September 22, 2004 3. Roll Call - a quorum was established. Mr. Vigliotti was absent. Assistant County Attorney, Mr. Patrick White - I have reviewed the affidavit of publication for this evening's meeting. I find that it is legally sufficient for the hearing to proceed. At this time I would normally give it to a minutes keeper but I will hold it until we have one available and forward it then for record keeping purposes. I want to put on the record, if I may Mr. Chairman, that yesterday the Board acted to delay the effective date of the Land Development Code Amendments that they adopted in June from the 27th of this month until October 181h because of the hurricanes that effected the municipal code corporation. To give you a brief status, I have here today the 1,000 plus pages of proof, single -sided print only so far for review, plus a few issues that came up in the municipal code review. I think we will be able to resolve those very quickly. I am still optimistic we are going to hold to the time line and have available the published version of Land Development Code by the October 18th date along with digital or electronic versions of both the LDC and the Code Of Laws that you will be able to obtain both from municipal code in a download form and on hard copy. Mr. Joe Schmitt, Community Development and Environmental Services - I just want to note that prior to this meeting you all agreed that there would be one hearing of these matters. There would not be two hearings. I would ask that you establish a time frame for this evenings proceedings. I would assume that we will end up continuing this to a later date. We will have to select a date to due that. Assistant County Attorney Patrick White, this will be heard through one hearing? Mr. White is it correct that we will hear these only once and vote on these? Mr. White - That is correct. All that means, Commissioners, is that you will have the opportunity to hear all of the provisions one time. If you have some comments about a portion of them this evening we do have a continuous. You are free to consider that set of items at a continued hearing. If you want to reverse your position, although that would be somewhat non - traditional, it is ultimately at your discretion. From our point of view, although there are comments we received as late as just prior to this meeting about the idea of having one hearing, I think it is pretty evident that it is likely that there will be more than one meeting with respect to that hearing. I think that there will be multiple points of entry for anyone who is not able to make it this evening. Chairman Budd - I agreed, I think that that is how things are going to proceed. The first thing that I would like to do is pick a time an a target for this evening. We are not going to get done tonight. I have a personal commitment. I need to leave at 8 PM. That doesn't need to be our deadline. The Vice -Chair can take it and run with it past that. What is the inclination of the Board of how long we want to run tonight. I'm definitely leaving at 8 PM, whether we are done or not. So, by affirmation let's go to 8 PM tonight and assuming, pretty safely, that we will not complete our business we need to pick a time and date for our next meeting. Joe, do you have some guidance within the schedule and Board Room availability of what might work for us? Joe Schmitt - I will look at my calendar and see what is available and look at the Board's calendar. We will certainly advise before 8 PM. What I do want to state, Mr. Chairman, is that before you today is your packet. You have with you the information plus the summary sheet. That summary sheet contains the information of the Developmental Service's Advisory Council, the first and second VA )6-7- Ica September 22, 2004 hearings that we have had with them and the summary of the meeting with the sub - committee. It is a fourteen page document. If I could recommend that we go right to the architectural standards, which are located on page 9 of the summary sheet. That is page 98 of your packet. I think that is going to be the one, probably, that most people are here to talk about. We have a Staff presentation that we would like to highlight those changes, how we got to where we are and what those changes consist of. After that I would recommend that you open up the hearing for Public Comment. We could vote on that one separately. We could then move on to the other amendments. Chairman Budd - O.K. That is a good recommendation. Mr. Strain - Just a correction. Two nights ago, Russell e- mailed 37 pages in regard to the 2.8 architectural standards. They did not have the reference numbers on them that you are referencing tonight. I hope that in the presentation you are not going to reference pages 198, 197, etc. There is only pages 1 -37. Joe Schmitt - What was sent to you and Staff was a document prepared by AIA with their comments. We made additional comments to their comments. Those were color coded. We could start the presentation in regards of how we got to where we are, what it is and hopefully clarify the confusion. For the Record the proposal that is submitted was submitted in accordance that there are some changes in the document. Chairman Budd - O.K. Before we start our Staff presentation, I just want to remind everybody that this evening's and future meeting's proceedings are legislative in nature so we well not have a swearing in of those presenting testimony nor disclosure on the part of the Commissioners on anything relevant to this. Mr. Strain, you had some procedural questions? Mr. Strain - Mr. White, can you confirm that this body is suppose to be working under resolution #98167 in regards to the other public hearings section of that? Mr. White - Indeed that's a resolution. It is not legislation in the sense that it is an ordinance, but it is effectively policy direction from the Board of how they would desire to have meetings conducted that are public meetings. It has certainly been mentioned in litigation. The County's position is that it is one that should be followed where possible but it is not something that would create a preclusion from consideration of information at this hearing. It is effectively, as a resolution, a policy direction from the Board and a guideline to be followed. It is not in that form prohibited. Mr. Strain - I wasn't bringing it up to prohibit tonight's meeting. I just wanted it on record that the resolution does apply. The resolution contains the statement to the effect that the written recommendations shall be completed and available for public inspection no later than 10 calendar days prior to the hearing before the Board. I know that we didn't even get our changes 10 days in advance. I am sure that the public hasn't had that opportunity. Seeing that this is only one meeting instead of two, I just want to make sure that that element is know to everybody should there be a challenge to this in the future. /6 7 /ca September 22, 2004 Staff Presentation Carolina Valera, Urban Design Planner with Zoning and Line Development Review - Since 1996 our present architectural standards have not been substantially amended. We put together a meeting and we solicited from the local architect community to volunteer to form this committee. We had seven architects, one landscape architect and one engineer that participate on this Committee. We had one architect from Balton Architects, one from Architectural Network, one from Disney Associates, two from Texas Inc, one from Schultz Architects, one from Warner Architects, one from Wilson Miller and an engineer from Johnson Engineering. This committee met with Staff for more than a year and a half. They took our present code, reviewed it and had many, many meetings and the product is what is in front of you. The last meeting that we had with the committee members was in December of 2003. Since then we have had only one workshop. The local AIA chapter had some input. We incorporated them into the packet. They felt that they needed to have one more workshop. Their input is the orange comments that you have in your packet. You have a colorful package. Orange comments from the AIA. You have some changes in red from our legal staff. You also have our Staff recommendations to the AIA comments in purple. What was changed? The whole of special standards was reorganized. We moved the building requirements from the end to the beginning and the site standards to the end to make it more easy to use. We move some of the sections that pertain to landscaping and fencing. They are no longer in the architectural standards. Our present architectural standards are divided into big sections. One section for buildings over 20,000 and one big section for buildings under 20,000. We just combined them into one section. One of the big additions to this amendment is specific requirements for a specific usage. Our present code was drafted, designed for mainly mercantile for commercial use. We found that at times it was not easy to apply commercial requirements for other usage such as industrial usage and self - storage. Many revisions were made. One of them is the reference to specific styles of architecture. There was a feeling that actually it might have been promoting certain styles of architecture. We make it clear that it is any style. The code does not restrict styles throughout the County. We also made it a bit more clear as to what it applies to. What usage the architectural standards apply to. We made more clarification into the renovations and evictions of a building. We increased the threshold from 20% to 25% before the standards apply to the rest of the project. Also, we added the specific number of the Florida Statues that the architect should follow when signing and sealing a set of plans. Most of the illustrations were deleted. We kept just two, and you will see that the are just very technical graphics. They don't suggest style. They don't suggest anything but what the code requires. That was a suggestion from the committee. That is what you see in your package. Mr. Strain - Mr. Chairman, is it appropriate to ask questions as we go along? I'm just curious why we are lowering the threshold. Carolina Valera - Actually, we are increasing it. Mr. Strain - Lowering it in the sense of when it will apply. That seems to be the wrong direction. I, as a consumer, seeing how bad the architecture is in certain places. Why we would want to go in that direction? 4 I1�-7 /Ca September 22, 2004 Carolina Valera - Right. The committee felt that at times it is the other way around. That some buildings shouldn't be subject to architectural standards for just by adding a little bit. It was more of a compromise. It is a number that you see throughout the code. Mr. Strain - So, the architects that are practicing feel that it is burden to improve the property as we go along? Carolina Valera - For certain buildings, yes. Mr. Strain - But this applies to all buildings doesn't it? Carolina Valera - Correct. When I say certain buildings I mean that there are good architectures and there are buildings that are not. So they are trying to get a middle ground, if you will. Mr. Strain - What that pertains to is the square footage that would have to be added before the whole building has to come into compliance. Carolina Valera - That is correct. Mr. Strain - So in other words, if you added 20% to the building the whole building would come into compliance, now it is 25. That is a big move, totally redoing the whole building. One thing that it does is guarantee that you want have any historic buildings, because buildings are being constantly upgraded and updated to our standards. This is a small addition put on a building? Joe Schmitt - Well it is 25 %, a quarter of the size of the building. Mr. Strain - Right, as opposed to a fifth. Joe Schmitt - I just hate to see our code lose any leverage we have to improve the quality of the architecture that we are trying to obtain. Mr. Strain - It is only when you are adding square footage? It is purely a square footage percentage? Carolina Valera - That is correct. Not for new buildings. This is just for existing buildings. Joe Schmitt - It is like a redevelopment. Mr. Strain - Correct. That is a burden to bring the whole building up into compliance when you will be taking a small addition and turn it into a major retrofit of the whole project. Joe Schmitt - That is right, sometimes we have some crappie looking buildings that need to be fixed up. This is the code. //-7 /Ca September 22, 2004 Mr. Strain - Step one is that the new part will meet the code. It is only then do you start applying the code to the old part. Carolina Valera - For the rest of the threshold project. Mr. Strain - So you are saying that 25% addition will look different then from all the rest of the building? Joe Schmitt - It will meet the code and the rest of it will not. Carolina Valera - Anything under 25 %. Mr. Strain - It sounds like you are building a camel to me. It is not the way I would have liked to have seen it happen. Joe Schmitt - Then what would have been the percent? Mr. Strain - Well, what was wrong with a fifth? I don't see anything magic about a fourth. Joe Schmitt - No, there is no magic about any number. I think that what we have in our code is that the 25% has offered us thresholds for when you have to bring the rest of the building in compliance too. It just put both these codes in parity with each other. Mr. Strain - And also the build back policy is 50 %. So if we call that at 50% you have to comply with current standards, if you build back. Joe Schmitt - And current standards would mean current architectural standards. Mr. Strain - Construction standards, building code, all the other aspects associated with rebuilding. Even the addition has to apply with today's building code. What this does though, it doesn't trigger, as Mr. Schiffer said, the rest of the building, I'm just trying to picture what the building is going to look like. You have an old building, you are going to add 25% to it. It's going to look OK but the rest of it is not going to be changed. Joe Schmitt - Well, you are assuming that the old building looks bad to begin with. Mr. Strain - Well, by definition, otherwise you would be fixing it up. Joe Schmitt - No, not necessarily. Mr. Strain - Well if everybody agrees to it, we will have to see how it works. We'll have to come back and look at it again if it doesn't meet the community standards. 16 2 lca� September 22, 2004 Carolina Valera - We relocated some of the sections. The building design standards were moved to the end and the building standards were moved to the beginning. I went through this already. I'm going to skip this. For the building design these are the requirements that effect the building itself. We added the definition for primary design. The window requirement was reduced from 40% and 25% to 30% and 20% and the columns that are required for covered walkways was increased to 12 inches. Spandrel glass can be used now, but it does not count toward the percentage required for glazing. Mr. Strain - What is spandrel glass? Joe Schmitt - It is glass that has a coating on the back that you can't see through. Curtain walls use it at floor level. Carolina Valera - The requirement to have elements between higher buildings and lower buildings was decreased from 300 feet to 150 feet before the requirements apply. For the variation in the masking of the building, the depth was increased. Forty feet or more is considered separate. For the standards more design treatments were added to the list of required building design treatment. We have a long list of design treatments but we added some more to encourage better architecture. Mr. Strain - Carolina, The security issue pops into my mind. The spandrel glass, if there is light inside the building is it not seen through? If I read that correctly, you are bringing the walls closer together and now making it so virtually you can't even see in. Carolina Valera - No, the percentage of window requirement is still there. An applicant may use spandrel but can not concur the minimum of requirement of glazing that you have to have. Mr. Strain - They could choose to use all spandrel, could they not? Carolina Valera - No Mr. Strain - OK. That is what helps me. Joe Schmitt - You can not use opaque glass to meet the window requirements. Carolina Valera - Overhead doors were never clear in our present code. We rewrote it to make it a little bit more easy to understand when and how it applies. We added some requirements for screening for the mini - storage's. Detail features requirements, control joints, we just changed the width whenever an applicant will use a recurring pattern within the walls. Out parcels and free standing buildings within a unified plan of development provision for deviation was added for requirements that offer sites be designed for primary facade and more options were added to the list of facade requirements. So, in other words, out parcels need to meet primary facade requirements in all of the facades. There is now a provision that if the applicant wants to seek deviation from two of those facades they have the means now. They also have a chance to have other requirements that we have in the code. The treatment of vertical change in the roof line was eliminated for buildings 7 ld z l C� September 22, 2004 under 5,000 square feet and slop roofs with facades under 200 feet. Vertical changes are based on the site land not the building area. We added the requirement that the masking of the roof be in proportion of the masking of the building. Roof materials was rewritten for verification. Materials and caldrons clarified that caldrons were allowed for 10% of the facade or the roof area. It was not very clear in our present code. We eliminated plastic siding, tile and stone from the list of prohibited materials. These materials could be used up to 33% of the facade area. The list of requirements for parking structures was increased. For site design requirements, pedestrian access, we increased the width from 5 feet to 6 feet to make it consistent with transportation requirements. Outdoor vending machines may not be visible. Lighting, we reduced the height from 30 feet to 25 feet. We reworded the deviations section and specified which usage's are qualified for deviations. An arbitration process was started were you will see that two representatives of the local AIA and one representative of American Society of Architects have a say in the process for the deviation. Mr. Strain - Would that decision be final because it is arbitration? Joe Schmitt - Yes. Mr. Strain - Carolina, just so I understand. You have mentioned deviations in a number of places without telling us what those deviations might be. Carolina Valera - The deviation process is not for all buildings. It is just for non - retail buildings, churches, industrial buildings. Mr. Strain - You are talking about out parcels that sound like they are commercial. Carolina Valera - No, actually we added out parcels to the deviation process but those are the only ones that will have a deviation process. Mr. Strain - So the architect comes up to something that does not meet our code and you go to arbitration so he can get it? Carolina Valera - They will have to meet the intent of the code and it is spelled out in the standards. Mr. Strain - You know it has been kind of refreshing as out parcels are populated to see them get primary treatment on all four sides. I am trying to envision why we are going to introduce a process that would increase the possibility that is not going to occur. Carolina Valera - Our code requires minimum square footage of windows, covered entries, covered walkways. For some of the facade it is not needed. You have to have a back in the building. If you meet the internal security, in regards to the facade, you can apply for a deviation. At times it is very hard for a building to meet all of the primary facade requirements. The requirements that we have for facade facing the street. s /6 :zr / CA September 22, 2004 Mr. Strain - Well, whenever you say that it is being judged against the intent of the code that means somebody is making a judgment. Carolina Valera - That is correct. The Director of Zoning. Mr. Strain - The Director gets a chance to look at the site development plan and what is being submitted and make a judgment of to whether the intent of the code is being met. It is very subjective then. Joe Schmitt - It is less subjective now with this change. Today, that is the problem with the code. It is too subjective. It puts the petitioner coming in and negotiating and bartering with Staff trying to go through the approval process. What I'm trying to do is create a code that takes the arbitration out of it and puts specificity into it. The deviation process allows for certain ways of seeking those deviations. For example, a lot of our out parcels are small. A small out parcel would be a drive - through bank, sometimes you just can't have a window because you've got the drive through area, you've got the bank vault. All those type of things the way the building is designed and you just can't meet the standards. Today, we say that there are certain standards. You have to meet the standards. The Staff that reads this is putting in some specificity and some clarity in the rules so that we don't get into the interpretation or the subjectivity. We are putting objectivity into it and taking out subjectivity. That is what we are really trying to do here. Mr. Richardson - The work deviation does not suggest subjectivity. If you are satisfied that that is going to solve a problem. Joe Schmitt - Well, you are probably going to hear from public speakers tonight that they even want to go farther than what Staff has allowed. So, that is what you are going to hear. Discussion continues with the outcome of this: Dwight, one of the reasons that we have that is that in the reviewing of the process we would take famous buildings that would not pass the standards. The Goodgenknight family would like to bless us with a Frank Gary design. It would not happen unless he had a process that he could bring it before. This is a positive deviation. It is certainly not a way to get away with things. It is a way to do something different that code never precede because this code can not corral all of the good design. There has to be a way that the good design doesn't get diminished. Some of the buildings in our town have been diminished by this code. Someone could take a positive step and people could judge it to be something better. In the current code today it is a matter of mass. The smaller mass the greater amount of windows architecturally did not fit. But Carolina is faced with here are the rules. You didn't need them. We've created measures to deal with the very large buildings,80, 90, 100 thousand square foot building. It doesn't work on a 15,000 square foot building. Some of these rules give Staff a little bit of lead way to make those kind of professional decisions. I think we have some examples. Carolina will go through some of these examples. The deviation is actually a tool that the Staff can use. They can find themselves not able to make a decision and then they can call for this process to help them. 9 &� Z / (f 6� September 22, 2004 Carolina Valera - That is true. If you have a building and out parcel and in your service area it is a primary facade you have only three options. You meet you minimum requirements, your can have a covered entry or a covered walkway. In that service area you do not want to have a covered walkway you only have two other options. To have the minimum percentage of windows which could be from 25% - 40 % depending on the windows and a covered entry. That is why at this time it is hard to meet code without parcels. I think we have improved a lot. This is a back of a fast food restaurant and it was hard for them to meet code for the glazing so they used glass block. That is were they have their coolers and utilities. Joe Schmitt - Let me go back to that for a minute so you can see what they did. The landscaping covered up the architectural embellishments which was the covered walk way and porch. Those are some of the things that we are trying to clear up as well. Carolina Valera - The gas stations, banks, government buildings retail. Mr. Abernathy - Was the gas station sited as something good or is that bad? Carolina Valera - These are all good. These are buildings that meet our present code. Mr. Abernathy - That gas station reminds me of one at Central Ave and 41 in Naples that we fought like crazy to keep an interstate design away from a urban setting, but there it is. Joe Schmitt - But some of the things that have been added is the size of the columns would have to be big. I don't think you could have the gloss finish on the thing anymore. Discussion continues with the outcome of this: Well it is an improvement. One of the compelling arguments, the current standards has almost led to a cookie cutter type of approach now in the County. All the gas stations are looking the same. The stores are all the same. We are trying to create a little bit of a more architectural, artistic freedom. Still meet the intent of not the big box, but not have everything look the same. That is what we are being criticized about now. I remember back in `95 and `96 when Sport's Authority and Toy's R Us created a real "ruck a tuck ". They had a meeting up at the Ritz - Carlton, County Commissioner Tim Hancock chaired, from that came the code. I think it has served us well. I think the twicking is reasonable and it is probably time to take a look at it. It is 8 years old. I think that we are on the right track. The end result is that the code does not allow the big box. It will not permit that, but what it does do is permit a little bit more of artistic freedom. Is the matter of the gas station flying away in a hurricane more of a civil engineering matter or is that architectural or is it both? 10 i,�, - September 22, 2004 I believe that is more engineering. It is definitely structural engineering. If you saw the one tumbling, the one that we saw over and over, notice that it is all rusted at the bottom. That means that it was just rusted out at the ground. It just snapped off. I would imagine that the column was part of the down spout. It was not a good design. Right, its time was coming. Carolina Valera - We also approve many styles of architecture which you can see in this graphic. I am going to reference you to the colorful packet that you received. There are some comments from the local Florida Chapter of the AIA. They felt that they did not go through all of the sections in the workshop that we held for them. They sent to you some comments and revisions. What we did as Staff, we either suggested approval of those or denial. You will see that there are only three items that we feel that should not be approved. One of them is the design standards. AIA feels that it is not within the architectural standards. Staff feels that it should. Discussion continues with an outcome of this: Don't you mean site standards? That is page 16. I believe that that has been worked out. Everybody is comfortable with where it is. We have an AIA representative here. I think everybody is happy now. Carolina Valera - I think that the only disagreement that Staff and the AIA chapter would have is that we have deviations for all usage. We as Staff believe that it should be targeted for only certain usage. I believe that is the only issue that we will disagree on. Discussion continues with an outcome of this: There is one material issue over the use of metal. The problem that we have in architecture now is that the ugliest buildings are metal and the best looking buildings are metal. There are probably some people who would wonder which one that is. The problem is to limit it on the talent of the architect is something that any architect would not want. Again, the most disgusting, ugly building is a metal framed building. Carolina Valera - We want to avoid this and this is our concern. Here you have two big boxes that were bought probably at the same time in two counties. The one on the top is Collier County's big box. You can see the difference. The one on the bottom is a metal building with no architectural standards. The one on the top is not a metal building. It makes a big difference. I will show you the facades. You can see the big difference. Same business, two different counties. You have seen this 11 16 Z /eo� September 22, 2004 building on up the road. The one on the bottom. That is what we would like to avoid. They can design wonderful buildings, but that is not what we get every day. Discussion continues with an outcome of this: Were you responsible for that, finally a decent looking big box called the WalMart over on 951 and Davis? Our code, Yes. This is what this new code will make sure that we continue with? That has come out very well. Definitely, yes. Also that one on 951 has an overlay. If we can keep them to that standard, at least, that is coming out really fine. The proposed WalMart down 951 will look very similar. My understanding is that now is going to become the WalMart design for the rest of the country. In that regard, Collier County can say that they broke the mold. Carolina Valera - Where would we go from here, if you were to approve this amendment? We would certainly come back if we need to have any revisions to them. There are many new requirements that we have never used. If need, we will come back to you and make any revisions. Discussion continues with an outcome of this: Can you send us to the page that has the metal wording? I believe that that is page 29 in your hand out, the color coded document. Actually, it is 30. Do you have any copies of this? Some of the Commissioners do not have it. What is the paragraph number? It is "C ". This new code is going to sound interesting when we are referring to sections. It is prohibiting metal panels for more than a third of the facade. There is a stalemate on that issue. It can be looked at, if you leave it as is. They could go for deviation to have more of it. One of the things that Carolina has to have is objective decisions. Everybody can not send a plan to her. It has to be predictable results. A designer in the night has to read something and know that it is going to pass or not. It can not be 12 /6.1 /C'2� September 22, 2004 subjective decisions made by a Staff member. That is why the objectiveness of something like that works. But the limitation of the material? If Frank Gary was to bring one of his wonderful designs he will have the deviation process for the museum because the museum is a non - commercial building. I think you have a couple of more problems than the metal. What the AIA would like to do is to restrict that to mean mere finished metal panels. Which would be a matte paint panel. We will have testimony in a minute. Chairman Budd - Carolina, does that conclude your presentation? Carolina Valera - Yes Chairman Budd - Are there questions from the Commissioners? Discussion continues with an outcome of this: On page 5, I will use the document that I got from Russell two nights ago which is multi - colored. I know that you are trying to get subjectivity and definiteness in the code and subjectivity out. Under B -1, all new buildings and projects proposed on are after November 10, 2004. What does proposed mean? I can propose things right now, in my mind, that is not going to be built for ten years. Does that mean that I am exempt from this section? As soon as you bring the application to the Zoning and Land Review. The word imposed, I think, is a little ambiguous. Do you need to put something like a development order or a plan or a submittal or something? We can clarify that for the record. What was magic about November 10th , were did that come from? November 10th is the last BBC meeting, so that would be the adoption date of these amendments. On that same page on 2 -A, the project site is on an alternate or collector road as described by the traffic circulation element. Throughout this document it references locations of building and relationships to the same kind of roads, but everywhere else it refers to those definitive foot 13 September 22, 2004 measurements. So when you say "on ", what do you mean "on "? Something like the Coke Cola on I- 75 and a road. You can see it from I -75, does that mean that it is on I -75? If it is abutting I -75, then yes. OK, then what is abutting? Is it on property that can be seen from the road or a certain distance from the road? All of the above. If there is no property between them and I -75, then yes it has to be code. OK, let me use that Coke Cola plant off of I -75, obviously there is going to be more buildings placed between it and I -75. As long as that plant does have other property that buildings can be built on it doesn't come under this code. Is that correct? If it is industrial, if it is commercial it is regardless of their location. Smart planning could plant it away from the code. OK, we can take a look at this. On page 6, 3 -A, at the bottom, it says approved for use and occupancy. I think that proposed should be in there also. M On page 6, up at the top under double "ii" you talk about such addition and renovation, redevelopment exceeds 50% of the accessed value of the existing structure. I thought it was unique that we used accessed value here to determine when someone has to make modification but on the other codes that we are looking at tonight on page 191 for calculation of impact fees we are using the appraised values. Which is benefit to the developer, obviously. At the same time why are we using accessed in on and appraised in the other? Why aren't we using appraised values? Why are we using accessed values? There is a big difference. I am not sure why the other one is different. I know why. The other one gets the larger impact fees credits when they have to purchase land. Why can't we be consistent? If we allow this one to be an accessed value for our purposes here, why wouldn't we use accessed value for the other one? The concern was the ability of Staff to come up with a value. It is something they could look up. It is something that is in the records. 14 /4� -7 Aft September 22, 2004 We can make it consistent throughout the code. I am sure that any developer that has this particular issue come up to them when they are doing additions, renovations, they need mortgages, they need whatever, they are going to have appraised values. So why wouldn't we be using those? Could you word it as to whether it is accessed or appraised? You wouldn't want it where someone is required to get an appraisal to do a renovation. We can certainly do it. At the same time, why are giving the difference away on impact fee credits? If we are going to hold the line here why aren't we holding the line there? Impact fees stay with the property and it is based on the appraised value. If you put appraised value here instead of accessed, you are raising the threshold in most cases, because the accessed value is usually 90 - 95% of the market value and most time probably less. I don't disagree with you, but at the same time why are we doing the opposite for impact fees credits? We are hurting the taxpayers by doing it that way because we are having to pay out more in impact fee credits than what the accessed value is. I know and I would have to turn to the attorney. The appraised value is not the actual value of the property. The appraised value is the legal value. It is a good argument. I'm just bringing it up. What does this Board feel? If you want to put appraised value in here, we will look at it. I think we are all of the same opinion. We don't care which one we use but let's use one. I think that the problem that you are going to run into is that somebody is going to have to submit an appraisal and application. That is something that is more costly to them. Normally you get more than one appraisal. I really don't see the problem. One is one definition and the other is another. It is a value for Staff. Staff can just look up on the Property Appraiser's Web Site the value. We are going to have to define how are we going to arrive at an appraised value. Are you going to take three appraisals and arrive at a high, low, or medium? Throw the high, low, out? If we get into that whole process, we are going to have to define that. I think that is the problem. It isn't defined. Your discussing a term that, I think, may have a number of meanings. Both points of the discussion are probably accurate. For example, you could be talking 15 /6 -7- 10c� September 22, 2004 about the tax assessor accessed value of the property, meaning the real- estate and any improvements, or you could be talking about the appraised value by the property appraiser before it goes on the tax roll. In that event, I think that they are probably synonymies terms. The point is which term is it that you want to use relating to what it is intended to be achieved. I think Joe point is that we are looking for something that everybody can find readily as a value in the public record and agree upon. If I understand your point, Commissioner Strain, that you want something that is consistent with other rules and regulations that the County follows. Those are not mutually inconsistent. What I suggest is we come up with something that would be the operative definition of this phrase and bring it to you in a way that meets the goals that you are looking for. I am not sure what the need is to tie impact fee credits and how they are calculated to this provision. There isn't a need. I was just using it as an example. OK. We were looking for something that was an administrative convenience. Staff would know what number to apply and could be verified and validated by anybody in the public, whether they were a third party citizen or the applicant's agent. To me what accessed value means is what you find typically in tax collector's data base. Accessed value without any exemptions. I am a little confused. I can understand 25% square footage, because that is something that you can measure. The accessed value is only something applied after the construction has been completed. You would not have an accessed value before the fact. It is an existing structure, sir. It is an addition or renovation, so there would be an existing accessed value. But we are talking about the addition to the property. This is back to the whole thing about at what point would the new codes apply. If it is something less than, it wouldn't apply, and if it were something equal to or greater than, it would apply. I'm just confused of how you know this in advance. I think that you would have to rely on the construction tables and what building permit dollars where stated. So you would have an expected assessment, not a real assessment? No, there would be an assessed value for the existing structure. And there would be a dollar value know from the building permit application based upon the construction tables. Those two numbers would be compared and if it were greater than 50% of the existing then this provision would apply. Why don't you use those buildings construction tables to determine the value of the building as it stands based on its square footage? Who is going to go back and figure out all of those numbers? 16 16--4- le-t,� September 22, 2004 Joe, what do we use for FEMA now? Dwight, the 25 and the 50, this clause is almost exactly out of the building code. The architects were to have all these things at different levels so that we have everything in parity at the same levels. So for example, in FEMA, if you hit the 50% threshold you have to bring everything up to code. FEMA uses an appraisal. I know that for a fact. But most of the regulations there allow you to come in with an independent appraised value, not the governments accessed value for tax purposes. Remember it is a two step process. The Property Appraiser appraises and sets some number. That is what is used as the assessed value minus any exemptions that the tax collector is required to collect. We wouldn't want to force somebody to get an appraisal. If they went in with accessed value and they did the calculation. If the individual chose to get an appraisal in order to maximize their dollars to make it work, that might be an option. To have the base criteria assessment. That would be most consistent and parallel with what I believe the FEMA process is. And at the applicant's option and expense they can submit an appraisal that would potentially give them a little more leverage. In an application of this provision, if someone wanted to offer something different as an assessed value based upon some independent appraisal and were near the threshold then Susan would interpret the code that way. If we want to put this in hear as a provision that is fine. Does that seem to satisfy everybody's ideas on this issue? Good, further questions on Carolina's presentation? If we could go back to page 5 and Commissioner Strain's concern on the proposed wording in B -1. The approval of use of occupancy language in 3 -A. I know that there is a problem with the term proposed but I don't believe that in 3 -A we can use the same language because that refers to existing buildings. I just wanted to point that out. Page 7 - Of Adoption 1 there has been an addition in the word height. The intent really was that it was 8 feet by 10 feet. I think that should be left at 8 feet by 10 feet. It wasn't about width or depth. The 8 foot height might even conflict with fire vehicles. My purpose in adding those terms has been achieved because it was not clear to me what indeed we were attempting to set as the standard. Eight foot height or width or ten foot height or width. I don't know how to word it but at least I understand what it would look like. 17 14 Z /Ca2i September 22, 2004 It's just and 8 by 10 minimum dimensions. The intent was that they did not want these to be puny little entries. They wanted them to be minimum size. I don't want to say 8 foot wide because it may be 8 feet deep and 10 feet wide. Would it appropriate to say then, that a covered public entry with a minimum roof area of 80 square feet? No, architects will go 2 feet by 40 feet. Anything else on 7. Yes, down at the bottom, same thing with no dimension less that 8 feet. Works just fine. Page 8, 3 -13, the second paragraph, I read it and I just cannot understand what it means. It probably means something to architects. Could you take a moment and just explain? This was targeted to retail buildings. This is written right. You guys understand this. I didn't, but as long as those that have to design it understand it then it's ok. Page 9, item 4, "ii" under canopy lights must be fully recessed. Was there any thought limiting candle power? I noticed this on areas where they want to bring the race cars or race tracks. They have these bright, bright lights that seem to glow from the moon. A lot of that is due because they are putting too much candle light into it. Is there anyway you could suggest limiting the candle power to a standard light but not too much? Nobody wanted to take that responsibility in determining the candle power so that they didn't have to testify in a law suit when somebody got run over. You can establish one, feel free. Page I l,IV, you have masonry or tilt up construction. The only question there is masonry concrete for tilt up construction. Not all concrete walls are tilt up. This would not allow this because it has to be tilt up or masonry. Could you add the word concrete? That would be fine. In D, "ii ", this is where I found the building location record says 200 feet. This is one of those that contradicts page 5 where it says on. I'm only pointing it out so that when you look at page 5 possible redefine the word "on ". You can take a look at this in conjunction with that. The reason that we have certain distances is for certain usage. 18 /4= /G;� September 22, 2004 In F, i, you are talking about reveal work must be a minimum of one half inch. From the road a half inch isn't going to be seen. Is there any consideration that the relief and reveal work be of a different tone? Is the intend of it is to show a break up of the wall that you can actually see it? I guess some architects will argue that, no. We can add it as an option. On page 12, II, Facades facing artillery or collector roads or facades facing residential districts. Again, facing from what distance? It is regardless of the distance. So a mile away, out in the woods, someone wants to build a facade and they have to meet this criteria? Yes. We've talked about that a lot because there has been conversation. If it is visible from the street. Nobody can figure out objectively whether it is visible or not. You could be a mile away, but just because you are facing west, you are facing a road way. You would have to own all the land in- between. H, II, facades attached to primary etc..... Does that eliminate metal buildings? It does eliminate a lot of the metal on the side of the building. In an industrial park it might not be on an artillery road. This is only for those industrial building that are facing artillery. Page 13, D, insert the work concrete in masonry and tilt up. Under C, "iii" we are talking about a contrasting color may be helpful. In the middle there is a "ii" variation in masking. Doesn't that also apply to facades facing artillery roads? Am I in the wrong section? Either or. If you are facing a residential and an artillery, you would have two primary facades. In fact, it is probably helpful to look at the definition of primary facade. Page 15, 9, outside play structure. What is a play structure? Those playgrounds for the kids. 19 /� I /C C2 September 22, 2004 We are going to regulate those too? Why aren't we regulating barbecue grills and trucks being parked. Was that in the prior code? Yes. Page 17 under BC little I, transitional masking elements. Does that even apply if the adjacent buildings are not in a similar or same zoning district? It is just the transitional masking elements. Can we have a discussion where we can use planter trellis instead of windows? I thought that that would go in this design feature. It only wound up in out parcels. If we put it here an out parcel can use it. Could we add it here? This is a menu thing with more things on the menu. So do you see a problem moving that up there? I will only argue it because this will include your big boxes. Do we want big boxes? Instead of windows? We could limit it, but I think that maybe that might look better than windows. think for example the new Flemings up in North Naples is going to look really good because of that. But that is an out parcel. For example, someone could build a restaurant that is on a planted lot. It is not an out parcel. They are on the road, just like an out parcel. They should have the same opportunity to not have windows in their coolers. My concern is that would be using that in their facades, facing the streets. We could limit it to non -front facades that are facing the street. I do think more options should be there that were intended to be there. If you moved it to there and you could put limits on it there and we moved the limits on the out parcel, it would be fine. BREAK: 10 minutes Chairman Budd - We have 5 out of 9 Planning Commissioners our 10 minute break is up. We have a quorum. Mr. Strain was in a series of questions, but I received a request during the break, if the representative from AIA could make some comments. Susan, is that speaker a registered speaker? Matthew Greg, I believe he is registered. 20 1102- l ceA September 22, 2004 Matthew Greg - I am an architect, I am principal of Architectural Network Inc. in Naples. I am also the current Vice President of AIA Florida's Southwest Chapter. If I could I would like to read something that I prepared. I am here today representing AIA Florida Southwest and our 120 architect members to accomplice two task. First, I thank the planning staff of Collier County Government for working with our local AIA Chapter in revising the design standards of the Collier County Land Development Codes. Second, to pass along to you our involvement in the process. AIA Florida Southwest got involved with the revision upon the request of a few local architects. A few months ago we began to participate in the public meetings of the Collier County Desect Committee. We noticed some key flaws in the proposed revision of the architectural design standards as we all know as Section 2.8 of the Collier County Line Development Code. We organized a workshop with the Collier County Planning Staff to discuss these issues and subsequently held an AIA workshop to fine tune our thoughts and gain conciseness among our members. Consequently our suggestions were reviewed by Staff and recommended for approval with the exception of four. In summary, although we found upon the idea of having architectural design guidelines as part of the land development code, we as an organization conditionally support the revisions proposed to the current document. The condition is in regard to Staff's recommendation not to allow all building types the opportunity to obtain approval through a deviation process. We feel the deviation process is one of the most important aspects to the design standards. Section 2.8 was written to avoid poor quality architecture and to promote good architecture. We feel the deviation process being open to all building types will allow architects the opportunity to create great architecture. I would be happy to give a few examples, if necessary. We feel these changes will be better for the community and the betterment of the built environment of Collier County. Discussion continues with an outcome of this: Can I ask a quick question? You say that you opt for this conditionally, but would rather not see any standards at all. Is that what I hear you saying? That is correct. Architects never want to be handcuffed as far as design. We do understand why the code exist. It is to try to deter poor quality architecture. So how would you deter poor architecture quality without any standards? It is a philosophical question. Philosophical, we are all professional, us architects, an we should be liable for our own design. So you would argue that a professional has never put up an ugly or poorly constructed building? No, I would say that it is our responsibility as professionals. I wouldn't say that it hasn't been done. I also look to what the City of Naples is doing recently with the Design Review Board where we don't have a design code. We have a group of our peers that review the work. We know that this may not be a viable contract for the County because of the number of projects that come through the County are greatly increased compared to the number that go through the City. As architects, I don't think you would find a single architect out there who would promote design standards. 21 /4-7 /ca September 22, 2004 Interesting. One thing that the standards do is they make the owner put this in the project that you they would rather engineer out. The architects could argue that it does help them because it requires them to do things that the owners would certainly strike from the budget. It must have been architects that designed Sports Authority and Toys R Us and the Eckerd Drug Store down at 3rd and 41. Maybe, it was an engineered design where architects and engineers have argued a long on going fight over. We think engineers have built buildings that they shouldn't have built. I think what you are saying is that the architectural guidelines don't necessarily protect us from licensed and capable architects, but rather from those owners who hire them that refuse to put in those architectural details that they might like to include but the budget excludes them out. Landscaping does the same thing. We are forcing better design with this ordinance. Before I go on with my regular questions, overhead doors facing one another and other requirements. They have to be screened and things like that. I was driving up here and I noticed the new Eckerd's at the intersection of 951 and 41. They have this huge overhead door facing 951 and 41. Nice galvanize metal and it is pulled shut. How is that allowed? When overhead doors are suppose to be regulated in the ways that I have seen in this document? Overhead doors, I don't believe, are prohibited. But, this one is facing the intersection. Right, because we don't prohibit the use of overhead doors. This is a metal roll down overhead door. If I remember, you require for them to be screened. This is for mini storage's where you have a lot of them. We don't want that many overhead doors facing streets. We would rather see them towards the back or the sides. Page 20, This is just a comment. The AIA recommended that Item C be changed, the word "facade" be replaced with the word "building ", but I'm assuming that the second word "building" is out. Yes. Page 21, the last item in D "iii ", water elements a minimum of 100 square feet in area. There are some site design elements that a project can have a minimum of? Is there anyway to restrict those 22 16 -Z /C,a September 22, 2004 water elements so that they are non - motion? The reason that I am suggesting this is anytime you put a water feature in you are going to use a huge amount of power just to propel that water feature if it is motion water of any kind. You are using a lot of water that is just going to evaporate that we don't have excess of in South Florida. I think to encourage more of those motion elements is probably a bad thing, looking at our resources, because we will expended more resources for needless features that do otherwise. We can certainly take a look at that. I will have to double check with the committee members. Do you want to prohibit water motion? Yes, this way is saying that you've got to do it. I would rather just leave it out if that is the case. If you don't have motion you are going to have stagnant water which will be bad too. I'm not sure we need something that is going to use our resources like that action would. That is my suggestion. Page 23, Item 9C, Design Standards, last sentence. All free standing buildings must provide for vehicular and pedestrian interconnection between adjacent out parcels or free standing sites in the primary structure. The only concern I have there is that all out - parcels are not owned by the same parties and that may not be possible. Can we put in there between adjacent out - parcels of common ownership? So we are not demanding someone to do something that they can't get permission to do? No, we would not support that. No, we can't do that? No, I would not support it. It would be approved under a PUD. It would be approved at one time. Either a PUD or an SDP. You have a Publix Center at the corner of 41 and 951. It is an old center. It has a K -Mart and Publix in there and it has a bunch of out parcels that haven't been sold. You have a bank in one. MacDonalds in another. A bunch of empty out parcels in- between. The way I read this, they would be required to have inter - connection. What if there is no possibility of the owners of existing, completed ones having accommodated that intersection. What does the new applicant do? You need to provide pedestrian connection to other buildings. The existing building does not have to bring it up to code. 23 16 z Af � September 22, 2004 This is vehicular. I am not worried about sidewalks. I am worried about roads. It says must provide for vehicular and pedestrian interconnect. I am not sure it is all possible. Oh, I see. The reason that we want to encourage this is to keep those trips from going out and coming back in. I agree with you, we should. If we can't do it, if someone can't do it because they don't own the property next door, how can you possibly make them do it? The property next door has been developed or it hasn't been developed? It has been developed. It is not subbed out to you? Right. That is the case there now. You have a MacDonalds, you've a bank. They are not prepared to tie into their neighbors. How are they going to do it if the one guy coming in has got to do it? They can go through the deviation process. That would be available for them. Is that free? Nothing in this County is free anymore. So you are going to charge somebody for something that they could not do? Mark, I think if they can't do it, they can't do it. That is going to be very easy to prove. I believe so. Does that mean that the code doesn't apply if you prove you can't do it? I think so. Patrick, I think I lost point on that debate. I wasn't talking about the deviation provisions. I was just concerned that if we are requiring that someone has an interconnection to parcels that they don't own, how can we do that? You can certainly condition the approval at the SDP phase to do that. I think that that is the thing that we are looking at. How about if we just insert the words between adjacent out parcels "where feasible "? 24 14� _7_ 1c� September 22, 2004 I can tell you what the answer to that is. I can tell you how that worked in other jurisdictions. Not, well? It was never feasible from the perspective of any applicant. I understand what your intention is. Typically the council that we have given to Staff, in those circumstances, is to make it a condition of the pending approval in such a way that when the adjacent parcel comes in for some redevelopment that it would then be captured and there would be essentially an interconnection. I guess it is the same thought as sidewalks. Some people argue that sidewalks are not connecting this County but eventually they will. Page 24, E, Deviation, alternative compliance upon request. The Zoning and Land Development Review Director may administratively approval. We have gone to great lengths in other parts of the UDC, especially in other code changes, to remove any such references to specific departments. We took out the Transportation Department, we took out all of those. We said County Manager or designee. Why don't we change that on this one? Commissioner Strain, I can address that. That is just an editing thing that I need to do. Throughout this document? Yes, It will be changed. It is not only throughout this document. It is through other provisions that you are going to see this evening. I think Russell and I would both agree that from the guidance that we have received and the policy that we apply is that all of those terms are to be converted to County Manager or designee. We are probably not as diligent having not the overall solution available. That being the administrative code that we envision which would on an annual basis, we are hoping, would require the County Manager to review his org chart and identify the appropriate designee's by title and name as to the various sections that are to apply or in some other way that makes evident how it is that designations are to take place. I appreciate your support on it. Page 24, situation, see that "ii" at the top of the page. I think that that should go up as a primary. It want be lost here. If you want to put a limit to how much that could be. Maybe 25% of the requirement or something. I will certainly take a look at that. Page 25, under Ci , the last sentence. That exempts out those parapets that are raised in order to screen some mechanical equipment. Is that correct? Because you do require mechanical equipment to be screened, and that could be screened with a parapet that is higher than the allowable comment in that last sentence. Maybe not? Which "I" are you on 25 16 �z lce;� September 22, 2004 "C single "I ". Page 25, last sentence. And the concerned, Mark, is? Equipment has got to be screened. Which may mean, because of the equipment's height, parapets may be higher. What it is saying that your parapet can't be higher than 15 %. The only exception to that is if you are using it to screen equipment. OK. That is all I wanted to make sure. Yes, and it is in the second line. Page 27, Cii , "single shade awning structures must not exceed an area sufficient to provide coverage for more than 20 automobiles. Are they compact or SUV's? Can we put a square footage in there? You can get 20 compacts or you can get 20 SUV's. Twenty automobiles, your choice. That is fine, if that is the way you want to do it. That is going to give you different square footage of coverage. That is all that I am trying to tell you. Here is the problem with square footage. The screening is not going to be an exact square footage. It is going to be off to the side. I want to refer back to the measurement of the parking place. I think a parking count. If somebody choose to screen 20 small cars, or if somebody choose to screen 20 large cars, that is two different sizes. It is probably easier to go back to the dimensional standard of the parking. I believe so. With dimensional standards it is the same question. You've got compact standards. You've got regular standards. But as you mentioned there are Homers. We don't have Homers parking spaced fingered yet. Page 28, "ii" on the top, "furniture must be set back from a drive or a parking area by a minimum distance of 15 feet. The AIA suggested eliminating it. Staff accepted that. I am wondering why? 26 September 22, 2004 If you take it out, that means like Sports Authority where that driveway goes right by that front door. Their front door could be right on the edge of that asphalt. Wouldn't you want a set back there? I have to apologize, my copy is a little bit different than yours. It is on the bottom of page 28. If you do what the AIA suggest you are going to have buildings right on top of asphalt, driveways. Is that ok? Wouldn't you want a 15 foot setback from a driveway and a parking area, either one? I do not know why you want to take that out. I will leave that for you to look at. It is not a super big issue. It is just one that I caught in the reading. OK. It would be a parking space. You would probably have a sidewalk in front of that. I think that it is a good point. Would you take another look at it? That's all. Yes. An architect wouldn't, but the owner of the building might make them. We are protecting ourselves from ourselves. The same type of argument goes to "Ci ", right below that one. There they did not suggest taking the word "parking area" out and it is still left in. Why don't you just leave it in the other one? OK. I don't know if there was a rational reason for the distinction between the single tenant buildings and developments and the multiple tenant buildings and developments. I think that Carolina will take a look at that. I will. Down the page a little bit, it is on the top of mine, it is probably on the bottom of yours. Concerning building colors. The Staff has recommended wording the use of solid black, gray, florescence, primary or secondary colors materials or finished paint be limited to no more than 10% of the facade or the total roof area. Are we talking about limiting building colors only to facades? What about the walls of the building? Are they covered somewhere else? That is a facade. The wall itself. 27 /6 _7 1C a September 22, 2004 Yes. As an architect, we are having problems with the gray. Architects do a lot of nice things with gray. They left it in. No, they made it a prohibited color. It is not that it is a prohibition it is a limitation. No more than 10 %. Staff concern is that you can use charcoal, almost black. I think what it is going to boil down to is the deviation. If we can have a wider deviation process then more of these restrictions wouldn't be that important. But gray can be done, not a negative color to an architect. If you leave it up to me, take it out. If you allow wider deviations, leave it in and we will play with it there. What you want to protect is the bad use of gray not the good use of gray. Correct. Page 31, "ii ", This one contradicts the one that we just talked about, Carolina, "parking areas proposed along the side of the buildings within 15 feet of the building wall ". On the other one we were suggesting having a setback of 15 feet and this one goes back to allowing the parking area within the 15 feet. I am just suggesting that that ought to be there. I am just suggesting that should be included in that part of it. Page 32, "meters and vents ". It says that it can not be located on the primary facade of the building. In some buildings they may have more than one facade facing the street. You might consider more than one primary. In some cases FPL and other companies are very particular where you are allowed to put their units. The only thing that I suggest is that you allow that condition where it is shielded from view. A box, something built around it so that you can not see it. Not to allow it at all you may restrict some of the regulations that the utilities company have. I am not sure if anybody has checked it out already. I know the problems that we have had with this, but you are right. There are some instances, remodeling or otherwise, where we are telling someone that they have to move an entire kitchen because of an opening. If we could require some screening or other things to do that, I think that that could give some lead way. Good point. Also, may I argue, these are meters attached to the building. I know you have a concern for the FPL and that will usually be a separate unit. 28 i�� Ica September 22, 2004 The transformers are not, but meters are attached to the side of the building. That is what I was concerned about. The designer has control of where those are located. Not all the time. I can not think a time where he doesn't. When the utility forces him to put his meter somewhere? It has to be accessible to the reader. Well, again, if it doesn't occur, fine. Could we put some lines in the. The problem that we have, is that it is expensive wire. The path of its existence is the owner's desire. They wind up on the front of buildings. Correct. If they are seen or shown, does it matter? It wouldn't matter, because they wouldn't notice them. They are seen and shown in a lot of buildings. That is what I'm saying. We shield them somehow. That could be one of your masking features that you guys like so well. You could do a whole masking feature around an electrical box. Maybe, it could worded that it is not visible. You don't want meters on the front of your buildings. It is bad enough with the sprinkler check valve in the front of your buildings. We have had many cases where that happened. I would rather see a meter in a building than the rolled down metal door that I now see at Eckerds Drug Store on 951 and 41. That doesn't look good. Page 33, D, "required floor area ". Last sentence says that drive through facilities may have multiple driveways. Doesn't transportation dictate how many they should have? I don't want to do something here that eliminates the ability to require things by the word "may ". I don't know if we do or not. We don't want to prohibit that. I just want to make sure that we don't. If you don't see it as a problem, then I don't. 29 /61 lcd September 22, 2004 I think it is a clarification. How often do you have a drive through facility that offers walk -up service? I don't think that I have ever seen that. Are we going to cut out the walk -up or are we going to leave it in? Well it looks like Staff approved the AIA's suggestion to delete them. Correct. An ATM is a walk up. A depository is a walk -up. The bank is what it markets. You can not demand them to have a walk -up because you can walk in. I guess you drive up, get out of the car, and go over and do something? Maybe you ride your bicycle and you ride up to the place instead of driving your car. Yea, but are they going to want bike lanes next? Many of the drive through facilities say cars only. And I have walked up to a drive through window and been chased away. So, this provision want work. Well, your point is that you can walk into the bank. So, if there is a time when drive through is only open do you want to make it a walk -up at that time? Each facility must provide both walk -up and drive through facilities. If they don't have the walk -up is it going to kill the plan. Carolina, didn't we already approve the AIA's recommended correction? We are in agreement. Chairman Budd - Any other questions on the Staff presentation? One point that I would like to discuss is the deviation process being opened up to all buildings. Why isn't that a good idea? I think our roll is to try to have requirements for specific usage. If we open the deviation process for everything, I think we are going to have a deviation process for every single scenario. 30 /6z ica September 22, 2004 The only thing that we are missing is office Buildings. It will work in all the commercial buildings. An assembly building, an educational institute, a mixed used building, they are all allowed. Everything else is not allowed. Right? Correct. Why is that such a problem? There is nothing about a building type that would not make some designer not want to fit the code. Is it something that you feel will be too many deviations? For a few reasons. It comes to undermine the creditability of the whole purpose of having the regulations. It then becomes an entirely subjective review process through two people on my staff , npt including myself. The regulations were originally drafted for commercial and some limited industrial which made minor amendments through the years. A lot do to public complaints. For example, churches that were built along major roads that were erecting huge metal buildings started to look like industrial facilities. We started over the years, mostly in response to public, adding various types of structures and locations and usage into the criteria knowing that the heart of the regulations was really for the commercial structures and then the commercial building district. We have tried to keep it flexible in those areas that were kind of outside the original scope of the regulations knowing that they tend to be different anyway depending on the type of use. The commercial tends to be almost very static. It is pretty consistent. Is there an pre -basis to the appeal process? Not yet. Not in this ordinance, but will there be one administratively rendered? I believe so. Would not the fee process minimize gratuitous and frivolous to everything all the time? Not if the cost of those frivolous things exceeded the cost of the fee. It would be worth somebody's time to get through the deviation process and pay what would be a minimal fee to eliminate more costly architectural environments. There is also another thing. We don't know how successful people would be. This arbitration committee could kill these frivolous things and then it would be foolish for someone to waste their time trying to go through it. The real part of the deviation process is that we would hate to eliminate what could be a special piece of architect that just doesn't fit into this parameter. There are no parameters that can control good architecture. Somewhere, something is going to come along and it want be able to be done. If bad developers are hammering away, trying to get stuff through, let's 31 6z lCa September 22, 2004 hope that the arbitration would stop it and after awhile those frivolous attempts would be stopped. The success of it is going to be based on the strength of the people in that arbitration process. So what I thing would be a better way to do this is to open it up with all buildings and we could come back. We have two cycles a year. You could come back and say that it is not working. We are being swamped with deviations and we could address it then. I think out of fairness, because this is what it really does, it means that architects can work with their talent and show something that might not fit and work. It really is restraining creativity and if people abuse it, let's discuss it at a later date and close it down then. I would prefer to do the opposite. My main concern, at this point, really isn't if I have Staff to handle all the request that we think that we are going to get. Yes, that is going to be a problem, but I think opening the deviation process to commercial severely undermines the whole intend and purpose of the ordinance and severely weakens it. That was not the intent. They are very minimum requirements. And what I would prefer to say if there is a trend towards things that aren't being committed by the code because of it's structure, as it relates to commercial buildings, that we start to look at making corrections to the code that way. That we will never know. The Staff will know. I am turning down buildings that I think are good buildings, but we would never know. But if we try it the other way, if we widen the gate, then too much stuff goes through it. That we know. If we close the gate, then we don't know who is knocking on it. But Staff's responsibility is to monitor that type of thing and reflect that in proposed amendments to the Land Development Code. That really is the heart and soul of this department. I think we have clarified the issue that you are agreeing to disagree and we are not going to change either of you? Neither of us is going to change the other's mind. Let's keep that in mind. When we get to the appropriate point and make a motion we will consider that specifically in our motion. I have one other thing that is not related to that, I promise. The latest version of this that we got is that the standards fall after the exceptions. This is the first time I've seen that you put the exception and then the standards. Typically, you have the standards of everything that you have in the community that requires an MBR and behind that you specify the exceptions. For some reason we have the exception first then we go into standards. I believe our legal staff had a rational for it. I'm missing what you are saying here? You are saying is that you have design standard for specific standards which are essentially exceptions to the general standards. After that we have the general standards. I think they should be flipped from the latest version. 32 16 -7- September 22, 2004 You are saying that C should be second? Well, we are going to confuse it with this. I think that the building standards, the general standards should be presented first. What general standards are there? There is building design standards for usage. For other usage. So, you had it for other usage in this draft. That is because that is what it is. To me it seem that it was the lesser of the two subsets. In other words the more general rules where those for the specific building usage. No, I don't believe that that is true. We have building standards. The specific usage exempts some of those standards, not all of them. It is confusing. The building design standards, which is what it use to be called, applies to everything. Then comes along the design standards for specific usage which exempted some of those that we had in the building design standards. In other words, pick any one of these, it exempts certain requirements, and it says that it has to meet all the requirements of such. I mean am I right, is that correct? That is correct. To me it would make much more sense to show all of the general standards and then let people go to the specific building and see what does not apply to that particular case. I understand your rational and I don't have any specific objection to it. The level I had to the understanding of it at that point and time achieving the goal of your rule is the reason that we order them the way that they appear. If there is actually a different set of facts, but the same rational, I don't have any objection. That was my goal in the first place. OK. I would recommend that we do that. Chairman Budd - Any other comments, questions regarding the Staff presentation? Do we have any registered speakers? There are no other registered speakers. Chairman Budd - OK, Mr. White are we to take action transmitting this to the Board of County Commissioners with specific modification and recommendations? 33 & z Afc� September 22, 2004 Mr. White - It is certainly your option to do that as of these provisions today or to hold off doing them all with respect to whatever you may choose to do in the future. My recommendation would be, you have the quorum, you have the folks here that may choose to weigh in on it, If you want to make some proposed recommendation or modifications and you are finding consistency with respect to these provisions today, you can do so. What is the inclination of the commissioners? I am inclined to do it while we are here. I think that under the circumstances that it would be almost mandatory to do it that way. We will be losing one of our voters, Mr. Richardson will not be a planning commissioner. His term will be expired as of our next meeting. We need to vote tonight. My question is, what is the disposition of all the items that Mark brought up? We sort of got a node from Carolina that she will look at that or will talk to somebody else. If we can get it somewhat tied up, it seemed that there were quite a lot of open issues. I think I listed some of the more prominent ones and the other ones, knowing Carolina, if there was something that should be looked at she will look at. My proposal to the Chairman is we will not see this colored coded anymore. We will eliminate all the comments. We will come back through a simple strike through and underline, so that you can see where the changes were. We will come back with a modified version so you can see scan over it. We will provide that to you prior to the next meeting. You can scan over it as the final document. That will provide that closure. That would provide the closure. We would delay voting and continue this until the next meeting. Is that legally sufficient, Mr. White? It's not insufficient. The manner in which you choose to do it is within your desecration. There is nothing of critical issue, but I think it would at least bring a comfort level on closure that you can take 10 or 15 minutes to review in simple strikes and underline and we will take the text that was proposed with the comments that we made. We will consider that today's final text. We will do strikes and underlines and just bring it back and briefly go over it and display where the changes are. And if that is within the Staff's capacity, I will change my position about taking a vote tonight. If you can provide us with that with reasonable time before our next meeting and I know from talking to Mr. Schmitt that our next meeting will depend upon the Board's availability be October 4th, 5th, or 6th. 34 16-7- /C �,J September 22, 2004 And I must caution the Commissioner's, we might not make the 10 day prior. It may be 7, but the point is that you will have us working at the maximum rate of speed. You are going to have it back as quick as we can get it. I'm inclined, if you get in back in time to review, that we take action at our next meeting, whichever of these days we select. If we just can't do it, then we take action now with what we know. One thing that you probably could all agree on is the fact that as is proposed or is proposed to be amended that those provisions would be consistent with the code management plan. If you want to put that off or do it today, it really isn't any difference. Let's do it all together. Are the planning Commissioners in agreement with we will get back the edited, marked up copy from Staff to measure the compliance with the issues raised here tonight? We will then be able to take issue the next meeting having that draft before us. The only controversy which I still think is a deviation. Can the Board give direction on that now? It is an important issue for the architects that we have the ability to deviate every project. If we give direction tonight, or possibly let you have the time between now and then to try and work it out with the architects, then come back to us with a compromise. We can have the same action then as we can tonight. I think that is the way to look at it. We can discuss it further, but we are pretty set in our goals. Nobody should be set in their ways. I am a flexible person, but there are some things that we feel strongly about, and this is one of them. We do not want this to be an ordinance or amendments just simply to allow for continual deviations. We are not accomplishing anything by that. We would be happy to carry forward whatever your recommendations are. I think Mark's suggestion is perfect, maybe there is something in- between here. OK. Let's do that. We will take action on this at our next meeting. Before we start another topic let's figure out when our next meeting continuation of this Land Development Code hearing will be. Planning commissioners, we have 3 dates and times up that this Board Room and County staff are available. We need to find the one that fits. Mr. Murray, the 6`h is no good for me. 35 /6 Z / C,� September 22, 2004 The 4`h would be good for me. Can we start with that idea. The 4 1 is ok with me. The 4 1 is good for me. I'm fine. The 6th is terrible because we run into the night and have to be back in the morning at 8:30. I move that the continuation be done on the 4`h . I second that. At 2:30? Let's say from 2:30 to 6: 30 or after. OK, then that is good. We could finish no matter what. Motion Mr. Adlestein. Second by Mr. Murray. Discussion: I will not be able to be here on the 4th until about 4:30 or 5:00. Certainly our Vice -Chair can get the ball rolling and I will come in as soon as I can. We will have one page reviewed by 4:00. Just make sure that you have a quorum. Are there any other late arrivals or non appearances. We need a quorum to start it at 2:30 on Monday. We will have a quorum. The termination of Mr. Richardson's valued service is prior to that date? Yes. We are actually dealing with a meeting that was for the 23rd of the month. That is the date this meeting is. Is it still the meeting of the 23rd? For this stage of this one issue, the new commissioner will have no information on this at all. He would have heard none of this discussion. The point is that the only person that has heard what we have done is Mr. Richardson. Well, if I understand your concern, Mr. Adelstein, is it that you may not have a quorum? No, we have someone who has an opinion who has heard all of this and has a right to vote on it. All we are going to do on that meeting is take the actual vote. And what you are proposing we do? Let Mr. Richardson vote on that particular one issue. 36 //, z is 2, September 22, 2004 On that date? On that date, that is the date that you are going to call for it. I don't believe that that is possible. COQ However, it is certainly possible that he could provide his comments today in the record. Or subsequently in writing. Or appear at the meeting on the 23rd as a citizen. There is a number of ways that his value of his service today can be included in the process, even if he is not a planning commissioner. Just remember everything I said guys. So with the motion second, if we don't end this meeting tonight it will be continued on October 41h All those in favor say " aye" Those opposed? That will be the date when we finally wrap up tonight. I would suggest that we would look into the next item and not take anything that is going to take more than 30 minutes. Before you do that, do you want to consider allowing those individuals present for the public to offer any comments that they might have on anything that they may choose to talk about? I don't want to see us end the meeting without giving the opportunity for the public comment on anything that otherwise may not be possible because they couldn't attend on the 4th That is a good point. I am inclined to respect the valuable time of everybody in the audience. It does bring things somewhat out of sequence. We can hear people that have spent the whole night waiting to get to this point, should there be any. Russell, do we have any registered speakers that are here this evening on any of these items that we are going to be considering? We have one register speaker, George Fog , but I don't believe that he is present. Mr. Fog, I spoke with him during the break, specifically wanted to talk about the landscape ordinance. I prodded him with the fact that we would not have time to hear that tonight. He is planning on attending our next regular meeting. And there are no others? No others. I would, at least, inform him that we will continue to the 4th 37 September 22, 2004 Someone on my staff will inform him. From my conversation in the hall with Mr. Fog, he was going to find out when that date would be. Would that information be part of the television channel? We could do that. OK. I am assuming that those members of the public that are within the chambers have no other comments? We are picking up where we stopped. If you look at your summary sheet and corresponding packet, we will go right to the definitions. We are going to start with your handout that is in yellow. We are going to start with the definitions for the new vested rights procedure. Can you give me some more direction, where are you? Yes, I'm sorry. The handout should be one of the ones that I e- mailed to you. If you don't have a copy in front of you, I can get a copy in back. It is not on a page, because it is a handout. It is not a page in the packet. I'll just go over it orally. It adds a new abbreviation, sometimes you will hear County refer to it as COA or certificates of public facilities. That seemed to be an abbreviation that would be in conflict with other usage of those letters. APSC seemed to be more logical. The actually defined terms that we are adding are ones that do appear in the vested rights staking provisions. One is land owner, any owner of a legal or equitable interest in real property. The staking claim is any claim that falls in the scope of development section, whether it is temporary or permanent set of property rights that are being discussed. Pretty straight forward, but just because they were more terms of general usage we though that it was important to give them specific definitions. I think that is the sum of that handout. Any questions on that item? Are we going to be gathering these up collectively to take a motion at the end rather than stopping and starting? That has been the tradition. If you don't have any comments or specific concerns about them, I suggest that we just tick them off by sections and to that extent actually go through the rest of the definitions so that we've collected up all the definitional changes and that is Section 1.08101 and 02, the abbreviations and the definitions. We can kind of dispense with them and be done. 38 16-:4 /C� September 22, 2004 Very good. There being no questions, let's move along. I think the next one is probably a similar set of parallel provisions and abbreviations under 1.0801 for NAICS, which is the North American Industry Classification System, it is the evolutionary next step after the SIC code, the Standard Industrial Classification. Do you want me to ask questions on this, I've got a few? On NAICS? Yes. You are recommending an abbreviation for it and that is fine. We haven't adopted that yet, have we? We are still using SIC? Everything coming through in the other sections still refer to SIC codes. Are we going to adopt the NAICS or not? When you look on the very next page you will see under the definition for self storage buildings, it makes a reference to a NAICS provision. Although it might not be specifically adopted, it is operational in the sense that it is being used for this definition and creates something to compare the defined term for self storage buildings. Just because SIC code made be used for use purposes in the zoning districts does not preclude us from making some reference to an industry standard. The same way we could choose to make some reference to the ASTM or some other recognized standard. It is for that purpose that NAICS is in there. Putting an abbreviation in does not authorize its use. We weren't looking to transition in the recognition to the SIC code, we are looking at the second cycle. We are doing the initial clean up of the changes that we made as well as some of substance changes in architectural and landscaping. I think that you can expect to see more in the first cycle of next year. I am referring to the definitions that are on page 2. These are primarily related to the provisions that you just read through. They define the term primary facade, renovation, self storage buildings and standard design buildings. All of those terms apply solely to Section 5.0 5.08. Definition of primary facade. You added something and I'm not sure what it means. "Based on first on the grade of functional classification and then if necessary on the longer frontage length ". It says the most prominent streets and that is a subjective term. What the rest of those phrases are intended to do is to bring some objectivity to it and rather than making it a quality, it's a quantity. You can actually look at what the functional classification of a road is. Why don't we just leave it at that? Because you might have two artilleries, one on each side. A corner. A three sided thing, they could all be artilleries. In that event you then go to the second category, the length, the frontage. 39 September 22, 2004 Which is the longer. Right, it would be the more prominent. In the code fronts or backs are the shorter, why would we want to go to the longer? In a corner the fronts and backs have the shorter dimensions. The shorter frontage? I don't know if that is true. The question is whether the frontage on a corner lot is the longer or the shorter. In our code both of them are fronts. In most codes it is the narrower one. On that event, I think, that after Carolina had read this it was her opinion that that was the proper way to order them in order to achieve the goal of which would be the primary facade. Logically, it seems that if you were to have it to be the shorter of two artillery roads why would you have the shorter one be the primary facade? For example, we had a project before us that was on three corners, it had 3 streets. 41 was the first street, the two side streets were both side streets going into residential. Which ones would be the two facades? It is obvious that the one in the front, the one on 41, would be the primary facade. The two other ones are equal. I think then that you would look at the length of the second. In other words, the two local streets, the one with the longer face? Why couldn't the designer choose? In that case, if they were identical, they could choose. Your point is that you have to choose one and he will be able to do that. I have one request, you have the words "a building facade in public view ". Could you just drop the words "in public view "? I have no objection but I certainly would want to have Staff's perception on it. Any other comments on this section? Can I propose a change for this for the next meeting? Absolutely. 40 /6z 16 September 22, 2004 That is all I have on this and I will turn it over to Russell. We can go back to the packet now, Page 1. Another definition revising the definition of residential density. I spoke with David Weeks on this one and the definition now does not currently comport with code section 2.03.06, dealing with PUD's. Total residential land area does not include existing flatted land area for vehicular rights away, whether public or private nor land within a plan year development district that is to be used for commercial usage, industrial, or use that has a residential equality. Any comments or questions on this section? Section 1.0.8.02. We are removing the existing language dealing with alteration of existing grade from building zone height because we don't measure with grade anymore. Section 1.08.02. We are adding some definitions based on the rewrite of the sign code which you see later in the packet. Section 1.08.02, Page 2 We are revising the definition of the final local development order for COA's and adequate public facility issues. Section 1.08.02, page 7, reinserting the definition of destination resort hotel. Section 2.01.03, page 10, We are adding language to reference the urban rural transition zone overlay map. Section 2.03.03, We are adding auxiliary plans as a conditional use in the BP district. When we have been getting PUD's I have never seen where they have taken out the right a way for the private roads. If you have a private road within that project the area in which that road takes would not be counted. Is that correct? That was specifically added, I think, two or three cycles ago, because what we were talking about in that instance, the Manatee Resort was a then assisting platted right a way. That was not the intent to be used for the purposes of calculating density there after. It does not occur very often. Mark Strain - I would like to make a motion that we recommend for approval and find consistent with the Growth Management Plan Section 1.08.01 and Section 1.08.02 with the "in public view" will be struck Section 1.08.02 page 1, Section 1.08.02 page 2, same section page 4, same section page 6, same section page 7, same section page 9. In other words, you want to adopt the architectural prior to the Staff report which we were promised before our next meeting? I'll September 22, 2004 Page 9, no. Page 10, Section 2.01.03 and Page 13, Section 2.03.03 with the words added to educational facilities. Mr. Richardson - I will second the motion. I thing what Mr. White is going to look for is that it be found consistent. Mr. Schiffer - I still want to go into there and work on the definition of "primary facade ". That is not included, it is still open. All those in favor. The motion is carried. We are done. We will back October 4th Thank you. Collier County Planning Commission Land Development Code Russell Budd, Chairman 42 Fiala J October 4, 2004 Halas Henning TRANSCRIPT OF THE MEETING OF THE t%oyle 1� _..COLLIER COUNTY PLANNING COMMISSION ;;oletta - ---- T/ Naples, Florida, October 4, 2004 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 2:30 p.m., in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark P. Strain Bob Murray Brad Schiffer Lindy Adelstein Kenneth Abernathy Robert Vigliotti Donna Reed Caron ABSENT: Russell A. Budd Paul Mindy ALSO PRESENT: Joseph Schmitt, Community Development and Environmental Services Russell Webb Susan Murray Patrick White, Assistant County Attorney 1 161 /<f �V, October 4, 2004 CHAIRMAN STRAIN: It's 2:30. And, Joe, is this court reporter here for the Planning Commission? I hope you're going to say, yes, this is a new budget year and you're starting out in the right -- MR. SCHMITT: This is a new budget year, Mr. Chairman, and as of -- effective 1 st of October, we now have verbatim record again. COMMISSIONER MURRAY: All right. CHAIRMAN STRAIN: Why, thank you very much. That's great news. Thank you. COMMISSIONER ABERNATHY: And for the court reporter too. MR. SCHMITT: And I notice the look of delight over there. CHAIRMAN STRAIN: Now, in deference to the court reporter, some of you may not have been here when the last court reporter was here, and I know one thing that's very frustrating to them is when you talk really fast like this and they can't write everything down. So we need to talk slower -- COMMISSIONER ABERNATHY: Or two of us at once. CHAIRMAN STRAIN: Oh, see. He did it again. COMMISSIONER ABERNATHY: That's why I did it. CHAIRMAN STRAIN: We need to try to talk one at a time and let her get the information down. So with that, I'd like to start the meeting by rising for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Thank you. This is the continuation of the land development code amendments for 2004 cycle two. First meeting was on September 16th, 2004. It was continued to today at 2:30 in this room. I'll take roll call. And Commissioner Caron? COMMISSIONER CARON: Here. CHAIRMAN STRAIN: Commissioner Vigliotti? COMMISSIONER VIGLIOTTI: Here. CHAIRMAN STRAIN: Commissioner Abernathy? COMMISSIONER ABERNATHY: Here. CHAIRMAN STRAIN: Commissioner Strain is here. Commissioner Budd is absent. Commissioner Adelstein? COMMISSIONER ADELSTEIN: Here. CHAIRMAN STRAIN: Commissioner Mindy is absent. Commissioner Schiffer? COMMISSIONER SCHIFFER: Here. CHAIRMAN STRAIN: Commissioner Murray? COMMISSIONER MURRAY: Here. CHAIRMAN STRAIN: And with this meeting, I'd like to welcome our new board member, our commission member, however you say that, Ms. Donna Caron. Welcome aboard. I hope that you'll get all your paperwork eventually. You've got books and enough weight to carry a -- anchor a boat. MS. CARON: Thank you. CHAIRMAN STRAIN: Thank you. And with that, any other announcements we need to make? If not, let's just go right into the -- I think we're going to try to finish up the architectural criteria first, if I'm not mistaken. MR. WEBB: That's correct. MR. SCHMITT: Mr. Chairman, yes. For the record, Joe Schmitt, administrator of community development and environmental services division. 2 ,/ G-7 /C.:� October 4, 2004 If I could -- just to beg your indulgence, we would prefer to go through the architectural standards first. We have staff here to review the changes we discussed. And then we would proceed. I would recommend that we proceed next -- what seems to be the next most important behind the architectural would be the landscape standards, architectural standards, and we'd cover that and we'd do this, and then we would then proceed in order after that, if that's okay with you. CHAIRMAN STRAIN: That sounds fine. And -- COMMISSIONER MURRAY: Mr. Chairman, because I have a number of questions having to do with affordable housing, will somebody be here for affordable housing? MR. WEBB: I believe there's only a definition change on that. COMMISSIONER MURRAY: That's all? Then I won't have any questions. MR. WEBB: I believe. CHAIRMAN STRAIN: What I was going to mention is that we've gotten a lot of presentation on the architectural criteria. Hopefully we won't have to go through the whole presentation again to save some time. And equally so on the rest of the amendments, in the past we've gone through and just -- staff would reiterate the sections, and if we had comments, we would go forward with them. It did expedite the meeting, and -- so if that pleases the panel, I'd just as soon we continue with that scenario. MR. SCHMITT: We have no presentation, except I do have Carolina here to answer questions, to discuss your concerns. We did the strike - through and underline changes and we did want to clarify the issue in regards to, that was still an open issue with -- where the deviations are and how to deal with various deviations and requests for deviations. So with that, I'll turn it over to Russell, and Carolina. MR. WEBB: Go ahead, Carolina. MS. VALERA: Okay. MR. WEBB: I don't really have anything. MS. VALERA: Good afternoon. Carolina Valera, urban design planner with zoning and land development review. In the previous meeting you asked us to go ahead and clean up the document. And what we did is we chose to -- added your comments and added all the changes that we discussed the last time. Do you want me to walk you through the changes? COMMISSIONER SCHIFFER: Just the changes. CHAIRMAN STRAIN: Just the changes, yeah. COMMISSIONER SCHIFFER: Well, I mean, most of the changes were recommendations that the AIA made -- MS. VALERA: That's correct. COMMISSIONER SCHIFFER: -- that the staff accepted, and she just changed the color of them from red to black, I think is -- COMMISSIONER ADELSTEIN: Black to red. MS. VALERA: And we added some others that Commissioner Strain had. COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: Well, you missed one, and I was going to get to that when we get into -- MS. VALERA: Oh, okay. COMMISSIONER STRAIN: -- that. So -- but I mean, Commissioner Adelstein, did you want her to go through each one of the changes then? COMMISSIONER ADELSTEIN: No, just the written ones that became red. COMMISSIONER STRAIN: Oh. 3 //0 -7 ca October 4, 2004 MR. SCHMITT: All the changes that were accepted have now been incorporated in black. The ones we discussed at the -- the last time we met are identified in red. The strike - throughs are struck -- stricken through. The changes are noted. And so that's where we are right now. COMMISSIONER ADELSTEIN: Explain the red ones. MR. SCHMITT: Right. So we're focussing primarily on the red ones to ensure that that matches with what you -all as a board thought you said, and we're prepared to discuss that. So Carolina. MS. VALERA: Okay. On page 4, that's the first change. This was a suggestion from Commissioner Strain. Change the word "proposed" to "submitted." Easy as that. Page 5, we deleted the industrial portion because it's redundant. We're not getting rid of it. It's still in there, but this was just a redundancy, so we eliminated that. Page 7, we added two more design criterias for the primary facade requirement. COMMISSIONER SCHIFFER: Carolina, there was suggestion of adding even more -- remember there was the wall courtyard and the trellis thing? Did you decide not to add that to this list, or -- MS. VALERA: It is the staff opinion that the intent of the code is not to add more ornament to the facades, so the trellis will be more of an ornament, and then for big boxes it will be a great deal to have one of the requirements to be trellises. COMMISSIONER SCHIFFER: Okay. So it's only going to be in the out - parcel? MS. VALERA: Correct. COMMISSIONER SCHIFFER: Okay. MS. VALERA: Page 11. We deleted -- COMMISSIONER ADELSTEIN: Page 10. MS. VALERA: I'm sorry? COMMISSIONER ADELSTEIN: Page 10. MS. VALERA: Page 11. COMMISSIONER ADELSTEIN: Page 10. MS. VALERA: Oh, I'm sorry. Yes. COMMISSIONER ADELSTEIN: It's a deletion up there. There's one in red on top. Facade of of a building. COMMISSIONER SCHIFFER: Yeah, I don't have that. MS. VALERA: Oh, okay. Can you hand me one of your -- MR. WEBB: I have 11, too. MS. VALERA: Thank you. Okay. Thank you. Yes. We deleted facade of a building, so it's -- the requirements are now for the building, not for each facade. Page 12. COMMISSIONER ADELSTEIN: Page 11. CHAIRMAN STRAIN: Page 11. You started to -- on page 11, and Commissioner Adelstein backed you up to 10, so now you're back to 11 again. MS. VALERA: Oh, okay. COMMISSIONER SCHIFFER: Yeah, I have no changes on my version of 11 either. COMMISSIONER ABERNATHY: Or 10. COMMISSIONER ADELSTEIN: Twenty -two. CHAIRMAN STRAIN: Twenty -one and 22 were added, xxi. COMMISSIONER ADELSTEIN: Right, xii. MS. VALERA: That's correct. Yes, we added two more building design treatments on page 11 on M /6-7 /CZ October 4, 2004 your document. COMMISSIONER CARON: Page 12 for some of us. MR. WEBB: Commissioners, if you refer to the -- Russell Webb, principal planner, zoning and land development review, for the record. If you refer to the document I handed out to you today, that should have the proper page numbers. The reason they may be different is the email that I sent you, I had to delete the illustration, so that may have thrown the page numbers off. MR. SCHMITT: The illustrations were deleted just because of the size of the file that -- to send that. CHAIRMAN STRAIN: Well, that works. Carolina, the one issue that I found in these that didn't get corrected is on page 12. MS. VALERA: Uh -huh. CHAIRMAN STRAIN: It's iii, under d. Water elements, a minimum of 100 square feet in area. And I had suggested, and I thought it was supported, that we shouldn't be encouraging water elements. They do two things, they use a valuable resource that we have less of, and plus, they take a lot of power to keep circulating and operating. And every other one of your elements that I've found on all the pages are fixed elements. They don't require continuous power and energy in the water resources. So my suggestion is still to eliminate iii. And I'm not sure if the board is still with me on that, but -- COMMISSIONER ADELSTEIN: Uh -huh. MS. VALERA: I think I will leave it up to the board. We left it kind of open for discussion. CHAIRMAN STRAIN: Well, we didn't leave it open. You just didn't change it. MS. VALERA: Okay. CHAIRMAN STRAIN: With that comment then, to the rest of the panel members, what are your thoughts on that issue? COMMISSIONER SCHIFFER: Well, are you concerned with water or the fountains that are politically incorrect? I mean -- MS. VALERA: In our present code, what we require are fountains. COMMISSIONER SCHIFFER: In the water? MS. VALERA: Right. COMMISSIONER SCHIFFER: And Mark, your concern is energy throwing water in the air to evaporate's not -- CHAIRMAN STRAIN: That, the long -term chemical maintenance, and the power consumption of the water pumps. And those are all elements -- for example, South Florida Water Management District does not allow aesthetic use of water. And I'm not sure if this is an advantage for us to do this kind of stuff and encourage it as an alternative in the site design. It just uses a valuable resource. Even if everybody used a little bit of it, it would be a huge amount. So why don't we just not encourage it? COMMISSIONER SCHIFFER: And it doesn't eliminate it. It just doesn't reward you for it. CHAIRMAN STRAIN: That's correct. COMMISSIONER ADELSTEIN: Right. COMMISSIONER SCHIFFER: I could see killing it. We can still put fountains in, so -- MS. VALERA: Fountains? COMMISSIONER SCHIFFER: Well, I mean, what Mark's point is is that we're encouraging something maybe we shouldn't. That doesn't disallow it. It just doesn't encourage it. COMMISSIONER ABERNATHY: Well, we just authorized a regional park that has all kinds of 5 16 -�7- X;? October 4, 2004 water -- COMMISSIONER MURRAY: Yeah. COMMISSIONER ABERNATHY: -- features, so -- CHAIRMAN STRAIN: Well, we didn't. COMMISSIONER ABERNATHY: The county commission did. It sounds like we're rowing in two directions at once. CHAIRMAN STRAIN: Well, I mean -- COMMISSIONER ABERNATHY: I don't mind eliminating it at all, but -- CHAIRMAN STRAIN: Well, I'll need to get a -- COMMISSIONER SCHIFFER: I mean, Mark's point's taken. I mean, we're encouraging something maybe we shouldn't. It doesn't disallow it. People can use fountains. It's just, they don't get a reward -- COMMISSIONER ADELSTEIN: Reward for doing it. COMMISSIONER SCHIFFER: -- as part of this element for it. It just means that they'll have to use other items. MS. VALERA: And these are for -- COMMISSIONER SCHIFFER: Site design. MS. VALERA: Right, just site design elements. COMMISSIONER SCHIFFER: I mean, they'll just use a sculpture instead, so -- CHAIRMAN STRAIN: Well, unless you have a strong feeling one way or the other, I'd just as soon it was struck, so -- COMMISSIONER SCHIFFER: I'll support Mark. COMMISSIONER ADELSTEIN: I'll support it being struck. COMMISSIONER VIGLIOTTI: That's fine by me. COMMISSIONER ABERNATHY: That's right. COMMISSIONER VIGLIOTTI: Let's strike it. CHAIRMAN STRAIN: We've got the correction. Okay. Carolina, you want to move -- we're onto page 13 now? MS. VALERA: Okay, yes. Page 13, we made the changes for -- that EDA recommended to allow a bit more flexibility in the design of the wall. Page 14, we changed the word "must" for "may," so as to also allow for a bit more flexibility in the design of primary facades on out - parcels. Page 15, we deleted the requirements for roofs, overhanging eaves, and fascias with a minimum height. Page 16 -- COMMISSIONER SCHIFFER: Let me -- can I just back up, one quick thing on that, "must" or "may" for the gate. I mean, the reason that was a must originally was that we didn't want to create courtyards or areas that weren't safe for the public. I mean, in terms of designing buildings, we've had the sheriffs office meet with architects and discourage that. That's why we really wanted to require that if you did build a courtyard, it was a secured courtyard. It wasn't something that could become dangerous for the criminal element. That's why "must" was there. In other words, right now if we make it "may," you can make a courtyard where people could go and hide in. You know, there wouldn't be the ability to protect the courtyard. And, again, this is the sheriffs office not wanting to have people hide in it or jump out from it or, when they're chasing them, run behind it. 0 /6Z /Ca October 4, 2004 CHAIRMAN STRAIN: Who suggested the change from "must" to "may"? COMMISSIONER SCHIFFER: Matt, was that the AIA or -- the architects. MR. KRAEH: Uh -huh. COMMISSIONER SCHIFFER: The architects. CHAIRMAN STRAIN: Okay. So you're advocating that that's not a good change? COMMISSIONER SCHIFFER: Well, I think if you build a courtyard, you should secure the courtyard, meaning it's not a place to hide. CHAIRMAN STRAIN: Well, I don't have a problem with that. I think anything that the sheriffs department needs ought to be encouraged, so I'd certainly go along with that. COMMISSIONER ADELSTEIN: So will I. COMMISSIONER SCHIFFER: You okay, Matt? MR. KRAEH: Yeah. CHAIRMAN STRAIN: So "may" gets changed back to "must." MS. VALERA: "Must," all right, 14. Page 16, we deleted the requirement for roof -- let's see. This was -- this -- actually what we deleted, it's already in the standards. It's not needed to be here. It's just a repeat. Page 17, this is a clarification of the size for the automobile space. COMMISSIONER VIGLIOTTI: Can you be specific on page 17? COMMISSIONER ADELSTEIN: Yeah. My pages are off too. MS. VALERA: 17. COMMISSIONER ADELSTEIN: Or 3,240 square feet. CHAIRMAN STRAIN: Little c, little double i. MS. VALERA: Oh, I'm sorry. CHAIRMAN STRAIN: That last six or seven words are added, or 3,240 square feet, whichever is greater. COMMISSIONER ADELSTEIN: Whichever is greater. MS. VALERA: So with this in mind, you can have less than 20 spaces, very small spaces, but no more than whatever 9 by an 18 space of 20 will be. CHAIRMAN STRAIN: Okay. MS. VALERA: Page 18. This is the wording that we -- staff has suggested to the AIA. Page 19. We just made of -- it more clear in regards to the group requirement. And also, in page 20, is the same -- the same fixing of the wording. Page 21, we deleted the walkway grade. It's not necessary. Page 22, we deleted paint with non - glossy finish for automo -- for gas stations. That's a prohibition. Page 23, we added Commissioner Strain's suggestion for the joint on the walls. CHAIRMAN STRAIN: For those that don't have color, that's f, little i, towards the bottom of the page. Some of the pages have come through in color. COMMISSIONER VIGLIOTTI: Blank wall. COMMISSIONER ADELSTEIN: It may be different than the wall. MS. VALERA: Oh, okay. CHAIRMAN STRAIN: And some have not. MS. VALERA: All right. So page -- rm sorry. And actually, I skipped one, on page 23, number four on the top -- let's see. We added concrete. COMMISSIONER VIGLIOTTI: Masonry concrete. MS. VALERA: We added concrete. COMMISSIONER ADELSTEIN: Masonry concrete. 7 /4 -7 Ica October 4, 2004 COMMISSIONER SCHIFFER: Where is it? MS. VALERA: Page 23. COMMISSIONER SCHIFFER: Okay. Got it. MS. VALERA: I -- number four. Page 25, same change, letter d. And also in that same page we change -- we added the option that Commissioner Strain suggested for the joints -- CHAIRMAN STRAIN: C number? MS. VALERA: -- one more time. COMMISSIONER VIGLIOTTI: Yeah, maybe we could get -- MS. VALERA: Triple i, triple -- COMMISSIONER VIGLIOTTI: C, triple i? MS. VALERA: Yes. COMMISSIONER VIGLIOTTI: Thank you. MS. VALERA: Going all the way to page 31, letter g -- COMMISSIONER ADELSTEIN: Wait a minute. Okay. MS. VALERA: Letter g, we deleted the word -- the words from both above and below. It's not necessary. Same page, 31. COMMISSIONER ADELSTEIN: Wait, what about the five, the drive- through facility? CHAIRMAN STRAIN: That's what she was getting to, I believe. MS. VALERA: Yes. COMMISSIONER ADELSTEIN: My pages are different. MS. VALERA: Yes. Also on page 31, we deleted -- and this was unanimous with the board, the commissioners, that each drive- through should have a walk -up. We deleted that, walk -up and drive -in service. And last, page 34, this was a petition from the AIA. We added that the two representatives of the AIA should be actually appointed by the local chapter of the AIA. CHAIRMAN STRAIN: All right. And Carolina, that number again? COMMISSIONER SCHIFFER: A, little i. MS. VALERA: That is -- COMMISSIONER SCHIFFER: A, little i. Thank you. MS. VALERA: Little i, yes. COMMISSIONER SCHIFFER: And Carolina, could you word the -- for the landscape architects, the exact same wording? In other words, the concern is these people aren't exactly representing them. They're only appointed by them, okay? MS. VALERA: Yes, sir. COMMISSIONER SCHIFFER: And that way they don't even have to be members of them to be appointed. Could we back up -- MS. VALERA: Okay. We'll make the change. COMMISSIONER SCHIFFER: I mean -- do you want to finish -- I guess you are finished. MS. VALERA: Yes. COMMISSIONER SCHIFFER: There is a concern that the AIA -- we had a meeting with the architects -- still has, and that's really the deviation process being limited to certain buildings. That's essentially page 33, applicability. So we're at a stand -off with the staff. Staff likes it the way it is, the AIA sees no reason why it's not open to everything. COMMISSIONER ADELSTEIN: Where are you? COMMISSIONER SCHIFFER: This is page 33. I mean, out of fair -- this is -- all codes, building codes, have the ability to appeal decisions. This would be a rare place where, in America, you can't appeal 1 /6 Z /ca October 4, 2004 a decision. So what we'd like to do is lead -- make it so that it is open to all projects. The concern of, will there be abuse of this thing, we won't know till we write it and try it. I mean -- MS. VALERA: Staff believed that one of the main exercises of going through the whole architectural standards and analyzing every -- every section of it, one of the outcomes was to create specific requirements for specific buildings. So as to have a set of minimum -- minimum guidelines that we can use as staff to apply the code. Having a deviation process for every project, I think, will undermine the whole purpose -- COMMISSIONER SCHIFFER: Well, I'm not sure -- MS. VALERA: -- of the architectural standard. COMMISSIONER SCHIFFER: Pm not sure it will undermine. I mean, there's no standard that could contain every good building. I mean, if you believe the standards are a corral where all the good buildings will be within it, then that's true. But there are going to be circumstances for every type of building that may be outside that, and that person should have the right to make their case. I mean, the concern is whether it's going to be abused or not. I mean, if people go through the code, you make decisions, and this committee constantly overrules your decisions, it's not right. But, I mean, the decision is to take that exception where a designer can focus on one part of the code and ask for relief from it to create, in this case, a design- concern building. So, I mean, what is the reason you have that would eliminate -- I mean, what's really missing is commercial buildings. I mean, everything else, I think, is pretty well covered. Don't you agree? So what we're missing is the office buildings and the shopping centers and stuff like that. MS. VALERA: Yes. And actually that is the main purpose of the architectural standards is to target those type of use as commercial -- COMMISSIONER SCHIFFER: Right. MS. VALERA: -- retail, big boxes. MS. MURRAY: Susan Murray, for the record. There still remains the option of requesting through, for example, a PUD rezoning, some alternative standards that would be brought, again, before yourselves and the Board of County Commissioners -- MS. VALERA: Yes. MS. MURRAY: -- for approval, should somebody desire a deviation or some alternative standard, as well as, if it's a dimensional requirement, there's the variance process. So it's not like there isn't other ways of achieving the objective. But what we get down to is these are baseline commercial standards for the community that support the community and are approved by the Board of County Commissioners who represent the community and not, you know, a group of architects who aren't elected to represent the community. CHAIRMAN STRAIN: Well, if these standards changed -- can be changed through a variance request or a PUD -- a variance request is expensive and time - consuming in public hearings, a PUD, very expensive and many public hearings and very time - consuming, but they can be changed that way. MS. VALERA: That's correct, yes. CHAIRMAN STRAIN: Then I first thought you were against allowing any changes, but apparently you're against allowing any changes through a simpler method than variance and PUD; is that accurate? MS. VALERA: That's correct, and not having a public arena for these changes. MS. MURRAY: It becomes subjective -- they become subjective between staff and the applicant, and there's no public hearing process. COMMISSIONER SCHIFFER: But, I mean, the goal of this is to be an objective ordinance. So, I WE October 4, 2004 mean, it wouldn't be a subjective situation. This would be where somebody wants to do something that is against one of the principles of this and, theoretically, has a good reason for it, and -- MS. MURRAY: Well -- COMMISSIONER SCHIFFER: -- they can appeal to that board -- MS. MURRAY: I'm not going to debate the issue because I think -- I mean, we've been talking about this for quite some time, and I think we've pretty much established our boundaries. And, you know, we'll certainly bring forward your recommendations and your reasons if you want to state them for the record to the board and for their consideration. But ultimately, I mean, this is what we're going to propose as staff. And I think we've -- I think we've got a really good ordinance here, and we're real proud of the work we've done with the group of architects and we're real pleased with the outcome, and we're looking forward to working with it, so -- COMMISSIONER ABERNATHY: Mr. Chairman? CHAIRMAN STRAIN: Yes. COMMISSIONER ABERNATHY: I'm a little uncomfortable with Mr. Schiffer becoming a passionate advocate for the architect community of which he is a member when he's supposed to be sitting up here representing the public at large. I think it's a little unseemly, beside the fact that I tend to agree with the staff that we ought to start on a path of strict construction of this set of rules. And if in time we want to loosen them, that seems to be the history of every regulation in every community. You see a need to change things and you do, and then the affected industry starts whittling away at it and whining and carrying on in one way or another to water it down. And here we haven't even given this a chance to see how many of these deviations might have been applied for, if such a process existed for commercial buildings. So I'm inclined to support the staff on this. COMMISSIONER SCHIFFER: Well, let me -- Ken, one thing is we won't have the ability to know if there'd be any deviations for commercial buildings, because the way it's written, they won't be allowed. CHAIRMAN STRAIN: Well, no, Brad, that's the reason I asked Carolina the specifics. There are two methods that they can be allowed. That's the variance and the PUD. And Pm not -- I'm not taking sides. I'm still trying to understand this. But I did notice that this architectural arbitration meeting that would be held is kind of stacked. It's two AIAs and one landscape architect and only two county staff. COMMISSIONER SCHIFFER: Well, I mean, these are design issues. These are architectural standards. These are things being done by architects. I mean, that's -- MS. MURRAY: They're also budgetary issues often, and so you get developers speaking through architects, so -- and not the public. COMMISSIONER SCHIFFER: Well -- CHAIRMAN STRAIN: Carolina, you're an architect? MS. VALERA: Yes. Not registered here. COMMISSIONER SCHIFFER: Well -- CHAIRMAN STRAIN: Brad, I'm just -- I'm thinking -- and Ken is probably right in his latter part -- I don't agree with his prior. But the latter part of the statement concerning, if we -- if there's a problem with this, we could bring it back at another cycle and -- COMMISSIONER SCHIFFER: But see -- but here's the thing I'd like to have is I'd like to open the deviation to more things, and then if that becomes a problem, we'll see it. I mean, this is a -- I'm asking the gate to be a little bit wider opened. We won't know who wanted to have a deviation and couldn't do it. MS. MURRAY: The PUD process would be a good monitoring tool. CHAIRMAN STRAIN: But I'm worried that it -- 10 /6I /a October 4, 2004 COMMISSIONER SCHIFFER: But a single lot wouldn't have that option. I mean, if a guy has a single lot, he's building a building, he wouldn't have the ability to go through a PUD option. CHAIRMAN STRAIN: He could -- COMMISSIONER SCHIFFER: He'd have to go through a full -blown variance for a design issue, which is -- I mean, I think that's an efficient -- inefficient use of resources of staff and the developer's money. CHAIRMAN STRAIN: The objective might be to discourage the use of changes, and I -- and that may not be too architecturally appealing, but -- COMMISSIONER SCHIFFER: Well -- and again, I mean, architects are concerned about it. I mean, Ken's right, I'm an architect, so let that be known -- is that we don't want to be restrained in our design. I mean, we don't want to have a code prevent something that is not going to be undesirable (sic) for the community. CHAIRMAN STRAIN: Is there -- any other commissioners want to weigh in on this? Commissioner Caron? MS. CARON: Aren't these barely minimum standards to begin with -- MS. VALERA: That is correct. COMMISSIONER CARON: -- as opposed to the opposite way around the -- COMMISSIONER SCHIFFER: Somewhat, yeah. MS. CARON: -- facts, I mean, to prevent you from doing things? They're more minimum to begin with, so -- COMMISSIONER SCHIFFER: They are minimum. I mean, all codes are minimum. That's what they are. MS. CARON: So that's not stifling creativity and architectural -- MS. VALERA: Anything involved in the code, sure, it's allowed. COMMISSIONER CARON: It's just saying, don't go under these standards, right? COMMISSIONER SCHIFFER: Right. MS. VALERA: That is correct. COMMISSIONER SCHIFFER: I mean, I think the case, you know, I'm worried about is the exceptional case. Let's say the Guggenheim Foundation wants Frank Gary to design a building in Naples. It wouldn't go through the standards. So shouldn't he have the ability to come before something to try to get that building built, or maybe nobody wants the Frank Gary building. COMMISSIONER ABERNATHY: I don't think we want the Sidney Opera House here. CHAIRMAN STRAIN: I think we've kind of gotten -- COMMISSIONER SCHIFFER: We don't need to talk about it all day. CHAIRMAN STRAIN: -- to an impasse between staff and us on this, and I'd just like to poll the commissioners on this one issue before we go on to other matters. COMMISSIONER MURRAY: I just -- I have a question. To me it's a question of equity, I guess. I'm not really clear on it all yet. But do we have any -- have we had egregious errors? Have we had -- not errors, but have we had people who have come in with outlandish things and that's where this stems from? Or is it, you're just trying to get a handle on what we should have in the community and what the community should be representative of? MS. VALERA: Yes, correct. We need to have just a set of minimum guidelines, and that is the reason, pretty much. MR. SCHMITT: Commissioner Murray, what normally happens, an architect certainly will design -- present the design to the property owner, the developer, whomever. And of course, then Ms. Murray 11 /�-4T- /cz October 4, 2004 alluded to, you get into this, well, what can we now do from a cost engineering perspective, and how can I reduce the cost of constructing this or building this, and that's when you get into the, okay, let's take this away, let's take this away, and let's take this away. I think the potential here is that every applicant's going to come in and look for and apply for one of these deviations, and that's our concern. So I guess it's the staff -- what staffs position is, how much leeway and what process do we want to allow? Now, we do allow for deviations for certain building types. I think what you're looking for, Brad, is a -- or to allow for commercial type buildings as well. COMMISSIONER SCHIFFER: Correct. And Joe, you know, the funny thing, I'm looking at it because I'm thinking of good designs -- MR. SCHMITT: Yes. COMMISSIONER SCHIFFER: -- that would be in excess, and you're looking at it thinking that people are going to come through and try to diminish to the standards. I don't think that board's going to be -- they're going to be successful in front of a bunch of architects diminishing the standards. I mean, my concern is the top. My concern isn't a bunch of stuff running through the bottom. COMMISSIONER MURRAY: Interestingly -- MR. SCHMITT: As you well know, we don't have a design review board like -- COMMISSIONER SCHIFFER: Correct. MR. SCHMITT: -- the city. COMMISSIONER SCHIFFER: Correct, and this is better than that. MR. SCHMITT: Well, it's up to you. COMMISSIONER MURRAY: I want to thank you for clearing up the matter for me, because I was concerned -- I was going the other way. I thought it was constrained on embellishment. But the concern, and I think it's a valid concern, is that we don't have money driving design in the way that we look and are seeking cost reduction when we really should have appropriate embellishment, if I read that correct. MR. SCHMITT: Well, yeah. In most instances in the industry, the architect certainly has the architectural license, so to speak, and figuratively, to design something, and they present it to the applicant. He's -- and they'll say, well, how do we -- let's take it this way. This is going to cost -- let's -- you know, and then you keep on chipping away sort of at the stone, and then you come up with the big box, which is what none of us want, certainly. And I -- I'm not suggesting that Commissioner Schiffer is going all the way to that approach. But from a legal perspective and from a staff perspective, we provided what I would call the opportunity for some of the types of buildings. We just limited it to -- we didn't want to open it for commercial. COMMISSIONER MURRAY: I believe that I understand Commissioner Schiffer's position, and I would just -- in reference to his statement that we wouldn't know, wouldn't the A -- wouldn't the architect's association have that issue raised in general meetings and whatever format they have to voice their complaints about constraint or whatever they perceive? So I do think that that is a voice that's possible, so in that connection, I think I would support the staffs document. CHAIRMAN STRAIN: Okay. Well, let's move on to any public speakers on this issue. I think we've talked through, pretty much amongst the panel. MR. WEBB: Yeah. Mr. Chairman, we have one public speaker, Matthew Kraeh with the AIA. CHAIRMAN STRAIN: Okay. Mr. Kraeh, would you mind coming to the speaker (sic), identifying yourself for the court reporter. COMMISSIONER ABERNATHY: There's a gentleman out here raising his hand. Is he a speaker or not? 12 /�� icz October 4, 2004 MR. FOGG: He wants to be. COMMISSIONER ABERNATHY: Well, sign up. MR. FOGG: He wasn't registered for this one. CHAIRMAN STRAIN: Go ahead, sir. MR. KRAEH: Hi. My name is Matthew Kraeh. I spoke with you guys last -- your last meeting. I'm the current vice - president of the American Institute of Architects, Southwest Florida Chapter. On the same note as the deviation process, I wanted to make a couple -- couple points today. Obviously we're for the deviation process being open to all building types. We're generally excited about this new revision to these codes. We're excited to start designing buildings under this. We think it gives us more freedom to become better architects in the community and create better designs. However, this -- this deviation process is a deal - breaker for us. It's -- we don't feel it's fair to discriminate upon one -- one building type or another, no matter how large or small the project. I can think of a couple examples in town of what I -- what we would feel to be nice buildings that would not pass this section 2.8 and would not be available for the deviation process. CHAIRMAN STRAIN: Which are those? COMMISSIONER VIGLIOTTI: Yeah, which buildings? MR. KRAEH: The Northern Trust Bank building on 4001 Tamiami Trail, which is in the City of Naples, would not pass this current code. The recently constructed new Porsche dealership on 41, which is also -- which is a metal building, actually, would not pass this code. And, you know, I don't know if you are all familiar with those buildings, but that's what we're trying to -- that's what we're trying to eliminate. We don't want to eliminate the possibility for good design. I feel, you know, buildings can be a gem, and we don't -- we don't want to put people, architects and the public, in handcuffs from the beginning. And although, you know, we really appreciate what staff has done working with us on this -- on these aspects, but we know that they're opposed to the idea basically because they feel it might overwhelm staff. But we feel this process will not become overwhelming. We feel architects will think twice before bringing a sub -par design before their peers in a public domain. And, you know, we just feel it would be open if -- you know, if we could just try it and see how it works. Otherwise, like Mr. Schiffer was saying earlier, if we close the door now, we don't give ourselves the opportunity to try the deviation process if we have a gem that comes through, we won't really know which buildings -- we won't -- we won't hear about the ones that were rejected. We only -- you only find out if it works if we try this. That's -- that's basically it. CHAIRMAN STRAIN: Commissioner Adelstein? COMMISSIONER ADELSTEIN: Why would the Porsche building not be built under these constraints? MR. KRAEH: It's made under -- it's made with an Aluco metal finish, and I believe -- specifically I'm not sure exactly about the -- this new code, but I believe we don't -- in this current revision, you're not allowed over 30 percent of that building material, and that building's made up of at least 90, maybe 100 percent of that material, especially on the primary facade. I have not seen the rear of the building, but it is a nice looking building, and it's made from metal. COMMISSIONER ADELSTEIN: Rear is not the same as the front. MR. KRAEH: Right. So that would not, in fact, work. And as far as the Northern Trust building, I'm pretty sure that it would not -- it would not meet the delineated curve requirement. You can have a curved facade, but there still has to be breaks in the facade, 13 16_7 IC. October 4, 2004 and that is basically a straight curve for 180 degrees. So that one, as well, would not work. CHAIRMAN STRAIN: Do you know a few years back that Naples Daily News did a poll on the good looking and bad looking buildings in the county, and that one was 50150? MR. KRAEH: Right. CHAIRMAN STRAIN: So I mean, you may like it, but there's probably an equal number that don't. MR. KRAEH: I do understand that, and I -- you know, obviously, I was one of the supporters for, you know, saying that it was a nice building. And I think part of that had to do with, you know, a lot of this town has a preconceived notion that this town should be made up of this Mediterranean style that we have out here, so I think that was sort of a biased opinion to begin with. And I think they -- if you really wanted to poll, you know, what are good and what are bad buildings in town, you'd have to go to an outside critic for that, so -- CHAIRMAN STRAIN: Thank you very much. MR. KRAEH: You're welcome. Thank you. CHAIRMAN STRAIN: Sir, if you don't mind coming up, stating your name and address. And for anybody else that wants to speak, there are some cards out in the hallway that need to be filled out, if you don't mind. MR. FOGG: I'm sorry I didn't fill out my card for this one. Pm here to talk for the landscape architect codes. But as a -- CHAIRMAN STRAIN: Could you identify yourself? MR. FOGG: My name is George Fogg, F- O -G -G, 628 Woodshire Lane, 34105, in Naples. I am a registered landscape architect. I am a fellow in the American Society of Landscape Architects, which simply means Pve lived a long time. I am very, very concerned that the position that some people on the board seem to be leaning towards of making it possible to deviate from the code requirements is going to result in the probable reduction of the quality of buildings that we're going to get. And I'm sure you're aware, since you apparently are a practicing architect -- as a landscape architect, I can assure you that I have never had a client say, don't design something good. They always come back and say, George, make it cheaper, always, without exception ever, in the length of time that I've been practicing, and that's been in excess of 40 years, 45 years, have yet to have a client come to me and say, George, make it a little bit bigger, a little bit better, a little bit nicer. So I can clearly -- that's just my concern, and strictly that, not deviation from design mode, although I may not agree as to what buildings are good and what buildings are not good from a design standpoint, but I'm concerned with the continued erosion of quality by the owners, by the developer, by the builder, and this happens. And Pm sure that our architects will agree that that is the norm rather than the exception. I applaud creativity. I will be, in fact, speaking about that on the landscape code. I sincerely agree with that comment, but I have yet to have, in the 15 years that I've been practicing here in Naples, to have one design where I've used creativity be rejected by the county. Not one, ever, and I've submitted lots and lots of designs for all kinds of projects. CHAIRMAN STRAIN: Thank you, sir. Any other -- COMMISSIONER SCHIFFER: Just to sum it up, I think the staffs concern that it's a process that will be used to diminish the building -- the architects look at it in the, maybe, half full, half empty problem. But we look at, we don't want something that would exceed -- to be a quality design to be prohibited by the -- and, therefore, the process would be for us to use it, to -- not diminish the design standards, but to do something different that enhances it. 14 /6 .z icz October 4, 2004 CHAIRMAN STRAIN: Okay. Is there any other public speakers? MR. WEBB: No other registered public speakers. CHAIRMAN STRAIN: What I'd like to do, as far as a process goes is to get a vote on this particular issue and be done with it and then go through the rest after that. So do I have a -- do I hear a motion from any board member? COMMISSIONER ADELSTEIN: I move that we decide to maintain what the county has presented to us. COMMISSIONER MURRAY: I'll second that. CHAIRMAN STRAIN: Motion's made by Commissioner Adelstein, seconded by Commissioner Murray. COMMISSIONER ABERNATHY: Could we have a clarification? We're voting on this entire LDC section? COMMISSIONER SCHIFFER: Just the deviation. COMMISSIONER ADELSTEIN: The deviation section. CHAIRMAN STRAIN: Yes. COMMISSIONER ABERNATHY: And maintaining the county's position on the deviation, is that COMMISSIONER ADELSTEIN: Correct. COMMISSIONER ABERNATHY: -- right? CHAIRMAN STRAIN: And does that include the corrections we had al -- we had asked that Carolina -- COMMISSIONER ABERNATHY: Yes. CHAIRMAN STRAIN: -- basically agreed to during our discussion? COMMISSIONER ADELSTEIN: Yes, if we could add that to it, too. COMMISSIONER SCHIFFER: That's kind of not fair, because we worked hard on this whole issue. We're down to one small point. I don't want to vote against the architectural standards just because of the deviation issue. Can we have a line item vote? MR. WHITE: Mr. Chairman? CHAIRMAN STRAIN: One at a time, now. Mr. White -- MR. WHITE: I think in order to -- CHAIRMAN STRAIN: -- could you advise us on this, please? MR. WHITE: Yes. In order to get there in the fewest number of steps, you probably want to vote on the deviation issue as a severable one. If you -- depending upon how that goes, then you can either incorporate it as part of the next motion or not as may be appropriate. CHAIRMAN STRAIN: Okay. Then is it appropriate to ask for a withdrawal of the motion and the second? COMMISSIONER ADELSTEIN: My motion was just for -- MR. WHITE: No, I -- only to the extent -- CHAIRMAN STRAIN: Oh, you guys -- you made the motion just for it. I thought we were doing the whole -- COMMISSIONER ADELSTEIN: For that -- that issue. CHAIRMAN STRAIN: Just for the architectural deviation? COMMISSIONER ADELSTEIN: Right, right. CHAIRMAN STRAIN: Okay. MR. WHITE: That's my understanding. CHAIRMAN STRAIN: Is that the understanding of the rest of the board? 15 /� _,7 l(fq October 4, 2004 COMMISSIONER ABERNATHY: That wasn't what I understood. CHAIRMAN STRAIN: No, me either. Well, this motion that was made was strictly -- COMMISSIONER ABERNATHY: That's fine. CHAIRMAN STRAIN: -- for application of the deviation process, and the motion was made to leave it as requested by staff. COMMISSIONER VIGLIOTTI: All right. COMMISSIONER ADELSTEIN: That's correct. CHAIRMAN STRAIN: There's a first and a second to the motion. Any further discussion? (No response.) CHAIRMAN STRAIN: By hands, all those in favor, signify by saying aye. COMMISSIONER MURRAY: (Hand raised.) COMMISSIONER SCHIFFER: (Hand raised.) COMMISSIONER ADELSTEIN: (Hand raised.) CHAIRMAN STRAIN: (Hand raised.) COMMISSIONER ABERNATHY: (Hand raised.) COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: (Hand raised.) CHAIRMAN STRAIN: All those opposed? (No response.) CHAIRMAN STRAIN: No one's opposed. Motion carries. COMMISSIONER ADELSTEIN: I move that the entire presentation of staff be -- CHAIRMAN STRAIN: I think the county attorney's got a comment. MR. WHITE: I'm going to let him finish. CHAIRMAN STRAIN: Okay. COMMISSIONER ADELSTEIN: That the entire staff recommendation be approved. COMMISSIONER SCHIFFER: I'll second that. MR. WHITE: And I'd only add, Mr. Chairman, that if the motion maker and second would agree it may be found consistent with the comprehensive plan as well. COMMISSIONER ADELSTEIN: Isn't that what I just said? MR. WHITE: Yeah, I thought I heard that too, but just to clarify for the record. CHAIRMAN STRAIN: The motion's made to recommend approval of 2.8 as recommended by staff and found -- and be found consistent with the growth management plan, it's been seconded. It's open for discussion. My same discussion applies. Do we request that the discussions that we've had with the minor corrections to the document be also incorporated into this motion? COMMISSIONER ADELSTEIN: Yes, aye. COMMISSIONER ABERNATHY: Yes. CHAIRMAN STRAIN: Okay. Will all those in favor -- any further discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor. COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. 16 >6 -T /CZ October 4, 2004 COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: No opposed. Good, 2.8 is -- okay. Staff, I think we're finished with this. And for the court reporter's benefit, since we went through this a few years ago and we had a court reporter, every hour and a half we'll be taking a break. So at four o'clock we'll take our first break, if that's okay with you. * * *MR. WEBB: Okay. As I believe Joe stated, Mr. Chairman, I think we're going to go into the landscape provisions. CHAIRMAN STRAIN: Yes. What pages are those on? MR. WEBB: I believe the first one starts on page 6, I believe, of your summary sheet. MR. SCHMITT: Six of the summary sheet, but let's also move to the packet as well. COMMISSIONER ABERNATHY: The real sheets. MR. SCHMITT: The summary sheet is this -- COMMISSIONER ABERNATHY: Yes, yes. MR. SCHMITT: -- nicely printed blocks and squares, and that's your score card. COMMISSIONER VIGLIOTTI: Should the log be highlighted like that? MR. SCHMITT: We've got them out here if you want a highlighted one. MR. WEBB: Yeah, and I should have -- you should have receive a highlighted one today as well. The first one is on page 6 of the summary sheet. The amendment appears on page 62 of the packet, section 4.06.02 C, buffer requirements, and Nancy Siemion is here to answer any questions that you have in particular. MS. SIEMION: Good afternoon. Nancy Siemion, landscape architect with zoning and land development review, for the record. And I'm here to walk you through the amendments, the landscape amendments this afternoon, and if you have any questions, please feel free to ask. Okay. The first amendment is a change to LDC section 2.4.7.4, which will be our new UDC section 4.06.02, page 62 of the packet, as Russell had told you earlier. And we're simply going to be adding some descriptive words to our landscape buffer table. COMMISSIONER MURRAY: I noted that under -- on page 63, in number 3 there's an N, and I just wondered what the N represented. COMMISSIONER SCHIFFER: Let me just -- 62 of what packet? MR. WEBB: The general packet, Commissioner Schiffer, the big thick one. COMMISSIONER SCHIFFER: The one that was sent out August 9th, for the August 9th meeting? MR. WEBB: Yes, I believe that was it. COMMISSIONER SCHIFFER: That doesn't match. MS. SIEMION: Actually, can you help me? You said an N, as in Nancy? COMMISSIONER MURRAY: Yes. There's a -- in the table, I'm looking at the table on page 63, and it's under number 3, there's an N in there, and I just didn't know what that meant. MS. SIEMION: That looks like a typo. COMMISSIONER MURRAY: Oh, okay. MS. SIEMION: Yeah, because that is not a buffer requirement type. Okay. We'll take a look at that and see what happened there. COMMISSIONER MURRAY: Okay. MS. SIEMION: Yeah. That's really good. 17 October 4, 2004 CHAIRMAN STRAIN: By the way, the process too, I'd like to follow, is for -- Nancy, for you to finish with all your landscaping elements, and then we'll ask for public comment at that point. MS. SIEMION: Okay. Is everybody ready for the next amendment? COMMISSIONER SCHIFFER: I'm not ready for the last one yet. My 62 doesn't have any table on it. CHAIRMAN STRAIN: Brad, it will look like this. COMMISSIONER SCHIFFER: Okay. And Mark, are you reading -- from what dates? CHAIRMAN STRAIN: The package we used on September 16th where it had the cover letter saying we're going to discuss -- COMMISSIONER SCHIFFER: Okay. I've got it now. COMMISSIONER MURRAY: Commissioner Strain, I just have a couple of questions. I mean, I guess I'm having difficulty. I've read -- I read everything, and it generated questions, and I don't want to take the commission's time unnecessarily, but I -- CHAIRMAN STRAIN: Well, that's what we're here for. COMMISSIONER MURRAY: Okay. Well -- CHAIRMAN STRAIN: It's the only chance you get, Bob. COMMISSIONER MURRAY: Thank you. On page 61, if you would, please, and this may not be appropriate. I hope it is, as a point of information at least. On the very bottom, C; page 61, have you got that? CHAIRMAN STRAIN: We're starting on page 62, I thought Nancy said. MS. SIEMION: Yes. COMMISSIONER MURRAY: Well, I'm a little confused because my amendment document, it begins -- the LDC amendment request begins on page 60 in my papers. Maybe I'm -- maybe I'm in the wrong place. I thought I was right. Okay, all right. Are we going to go back to that? Thank you very much. I apologize. Let's see if I have anything else. No. Okay, thank you. CHAIRMAN STRAIN: Okay. Now that we've got that settled, is there any other questions on this section on this table? If none, then let's let Nancy move on to the next one. MS. SIEMION: Okay. Next amendment, let's turn to page 67, and that is to LDC section 2.4.7.4, and the new UDC section 4.06.02 C, and the change is to relocate the type D landscape buffer hedge requirements from an old section in the code to a more appropriate section of the code, which is what you see here. CHAIRMAN STRAIN: Okay. Then hearing no questions, let's move to the next one. MS. SIEMION: Okay. Next amendment's on page 70 of your packet, and it's old UDC sec -- old LDC section 2.4.5.2, and new UDC section 4.06.03 B.1, and the change is to require a curb with footer around the landscape islands, and the purpose of that change is to help minimize the damage. These are tree islands, and we're trying to minimize the damage from the trees to the adjacent paved area. CHAIRMAN STRAIN: Nancy, on page 71 -- MS. SIEMION: Uh -huh. CHAIRMAN STRAIN: -- first paragraph where the word shall has been added. MS. SIEMION: Yes. CHAIRMAN STRAIN: That sentence, a parking stall shall be no farther than 50 feet from a tree, measured to the tree trunk, where is it measured in the parking stall, from any point, the center, median? MS. SIEMION: From any point. CHAIRMAN STRAIN: Okay. So long as any point of that stall touches? MS. SIEMION: Uh -huh. IR 16 7- Icz October 4, 2004 CHAIRMAN STRAIN: Any -- COMMISSIONER SCHIFFER: Just a quick -- Nancy, in terms of water flow now, this is going to corral a lot of water? I mean, is that going to be an issue or it's -- MS. SIEMION: Typically if the engineer's trying to run his water management through that area, they'll just put breaks in it -- COMMISSIONER SCHIFFER: Okay. MS. SIEMION: -- and that will allow it to flow through. CHAIRMAN STRAIN: Okay. If there aren't any other questions, we'll just move on to the next one on this. MS. SIEMION: Okay. Now, in my package on page 72, there is an amendment, but we pulled this particular amendment. MR. WEBB: No. MS. SIEMION: Oh, no, no, no, it's Barbara Burgeson's. MR. WEBB: I don't believe we pulled it, but it's an environmental issue. MS. SIEMION: Okay. MR. WEBB: If we want to skip that one and come back to it, that would probably be -- MS. SIEMION: Yes. Barbara will be discussing that with you later on. So our next amendment will be on page 78, and that's old LDC section 2.4.6.1 and new UDC section 4.06.05 A.1. And the change is to create a new standard for establishing the number of trees required on a single - family homesite, and that's simply being driven by the small lot sizes that we're seeing for our single - family homes, and they can no longer accommodate the old requirement of two trees per lot. CHAIRMAN STRAIN: Nancy, on the last paragraph in your addition, you talk about where a single- family development has a street tree program. And the sentence after that says, a street tree plan shall be submitted to the community development district. Are those to be one and the same, and are they a defined term? Because they're not bolded. And I'm just wondering, is that something everybody's going to know what that is? MS. SIEMION: If it's not bolded it's not defined. CHAIRMAN STRAIN: That's what I thought. MS. SIEMION: And I think most of the people working with this will know what it is. CHAIRMAN STRAIN: Well -- but see, the problem is the general public gets to work with it too, and they may not want to hire an LA to do their work. That sake alone, shouldn't -- we should leave it in terms that the general public can understand? MS. SIEMION: Yeah. Keep in mind though, in order to submit -- this is for subdivision developments where we would be having this situation. It -- a landscape architect is required to submit these plans. CHAIRMAN STRAIN: Okay. Is a street tree program the same as a street tree plan? COMMISSIONER ABERNATHY: Plan ought to be what implements the program, shouldn't it? CHAIRMAN STRAIN: Well, one's capitalized and one isn't. I just was wondering what they're getting at, what you're trying to -- MS. SIEMION: We're just simply saying, if you choose to plant street trees, then you may want to use those to count towards your required trees on the lot. CHAIRMAN STRAIN: Well, if you feel it's going to work. I don't know if anybody else has a concern. If not, we'll just move on. Okay. MS. SIEMION: Page 80, and that is LDC section -- old LDC section 2.4.6.6 and new UDC section 4.06.05 B.4. And the change is to restate our building permit or landscape requirements much more clearly, and we also added some language to accommodate situations where a building might be located on Z lZ z IcZ October 4, 2004 a waterfront. And in that situation, we just simply combine the landscape buffer, the perimeter buffer adjacent to the waterfront with the building perimeter. CHAIRMAN STRAIN: On page 81, small letter b, you incorporate the buffer width into the building perimeter. That can't be the lot perimeter? It's got to be the building perimeter? MS. SIEMION: I'm not sure what you mean by a lot perimeter. CHAIRMAN STRAIN: Well, you're allowing -- the example you just said where you're on the water and you take it away from the water, you have a buffer around the exterior of the lot. MS. SIEMION: That we measure from -- that would be the property line or the edge of the canal in that case, or water body. CHAIRMAN STRAIN: Well, you're saying that if you take it off the waterfront, it's got to be incorporated into the building permit, which is up closer to the building? MS. SIEMION: Uh -huh, yes. CHAIRMAN STRAIN: Not the lot perimeter, either one or -- MS. SIEMION: Actually, what would happen is -- well, typically what would be required is 10 feet along that waterfront edge, and we're just going to combine -- if it's a building less than 35 feet, rather than making it 10 feet plus 10 feet for an overall of 20, it will just be -- that 10 feet will be absorbed into the 10 feet of the building perimeter requirement. CHAIRMAN STRAIN: Okay. I understand. Thank you. COMMISSIONER SCHIFFER: Question. Nancy, where does it say in the code that in other -- they can't be done otherwise; in other words, on the side lot perimeter, you can't incorporate this into it? In other words -- MS. SIEMION: We would have to state that if we wanted to do that. COMMISSIONER SCHIFFER: But is it stated anywhere that the two buffers can't overlap; in other words, the perimeter planting and the buffer, can they overlap? I know this case -- MS. SIEMION: Only in this situation. COMMISSIONER SCHIFFER: Okay. Where is it stated elsewhere though that they can't? Is it, or -- MS. SIEMION: No, it's not stated elsewhere that they cannot. COMMISSIONER SCHIFFER: Can they? MS. SIEMION: No. COMMISSIONER SCHIFFER: So how would somebody know that then? MS. SIEMION: They have to read the whole code. COMMISSIONER SCHIFFER: And some -- that's my point though. Somewhere in the code -- somewhere in the code -- MS. SIEMION: Well, it's in the -- COMMISSIONER SCHIFFER: -- it's stated that you can't overlap these two then? MS. SIEMION: Right. There's an assumption about the code that all of the requirements are cumulative unless otherwise stated. COMMISSIONER SCHIFFER: Okay. So it is stated there? MS. SIEMION: Uh -huh. CHAIRMAN STRAIN: Okay. Is there any other questions on this one? If not, let's move on. MS. SIEMION: Okay. Next change, page 82, and this is a change to old LDC section 2.4.4.2 and new UDC section 4.06.05 C.2. And in this particular change, we're simply just going to require one size tree. Instead of an 8- footer and a 10- footer, we're just going to make it one uniform size, which is 10 feet. Just trying to simplify some of our -- COMMISSIONER ABERNATHY: If we weren't around -- 20 /�, -7 A2Z October 4, 2004 MS. SIEMION: -- requirements. Yeah. COMMISSIONER ABERNATHY: So the size of those trees makes sense. Okay. CHAIRMAN STRAIN: No questions on this one? COMMISSIONER VIGLIOTTI: No. CHAIRMAN STRAIN: Let's move on to the next one. MS. SIEMION: Okay. Next change is on page 84. It's the old LDC section 2.4.4.4 and new UDC section 4.06.05 CA. And the change is a revision that acknowledges the different heights of the required shrubs and hedges that are required by minimum code, and we've simply just taken all of these heights and just put them in one section of the code here instead of having them dispersed throughout the landscape code. Another thing, to try to make it a little bit easier to use the code. CHAIRMAN STRAIN: Okay. No questions? Let's -- next one? MS. SIEMION: Next amendment, this -- this particular one was a redundancy in our UDC rewrite, so it just simply eliminates that redundancy. It's still in the code. COMMISSIONER ADELSTEIN: Where is it? CHAIRMAN STRAIN: Page 86. MS. SIEMION: It was just a redundancy, and that was on page 86. Okay. Page 88, old LDC section 2.4.3.5 and new UDC section 4.06.05 G. It's a change that adds language to the landscape code specifying the distance a large canopy tree must be planted from a building or sidewalk. And this particular change was generated from some complaints from homeowners' associations who were having to deal with trees that were located in poor locations and were causing damage to their buildings and their sidewalks and their parking lots. So we're adding language that's a little more stringent. It says, in small spaces, plant little trees, and if you choose to use big trees, make sure they're at least 15 feet from a building. CHAIRMAN STRAIN: When you reference on page 89, small canopy trees, do you mean trees that maintain a small canopy? MS. SIEMION: Yeah. We also have a recommended tree species list. CHAIRMAN STRAIN: Right. MS. SIEMION: And we have a category called small canopy. CHAIRMAN STRAIN: These are not only small going in, they are designed to stay small? MS. SIEMION: Yeah, yeah. It's meant to stay -- the canopy's meant to stay -- well, it stays small. Not that it's meant to be; it does. That's the way it grows. CHAIRMAN STRAIN: Okay. Any questions? If not -- COMMISSIONER MURRAY: Let's see. Is the title "planning services director" still valid? MR. WEBB: No. And that probably should be changed to the county manager as designee. That's just a thing that I need to take care of. COMMISSIONER MURRAY: Okay. You picked that up. Okay. Thank you. That's on page 90. Thank you. MS. SIEMION: All right, thank you. Okay. And our very last amendment is further back in the package. It's on page 187. And that's our new -- newly created cultivated tree removal permit language. And this is something back in January the community had approached us and asked us to put together a permit process for removal of trees that are planted by man, and that's what this language addresses. Does anybody have any questions about this? CHAIRMAN STRAIN: Oh, yeah. 21 X61 %a October 4, 2004 MS. SIEMION: Okay. CHAIRMAN STRAIN: First of all, if you are living in a community and a developer planted a tree in front of your house and it gets too big and you want to move that tree, is this where this kicks in? MS. SIEMION: Yes. CHAIRMAN STRAIN: Okay. And you're going to charge, now, $250 to come in and ask to move the tree? MS. SIEMION: Yes. CHAIRMAN STRAIN: How are you going to correlate that movement of the tree with the original landscape plan? How are you going to correlate it afterwards when the tree is moved? Is that something that's going to be inspected, it's going to be a plan that's going to be checked and submitted and all of that? MS. SIEMION: When they come in with their tree removal permit, they typically will pull the landscape plan from the records room. They'll mark on the plan the tree that they want to relocate or remove, and then they usually attach digital photos. They give us really good information to work on, and we'll go out and look at it, and you know -- and check for the accuracy of the permit information. CHAIRMAN STRAIN: I just -- didn't know we kept those. I mean, I know those records are submitted. I just didn't imagine we were big enough to keep them all. MS. SIEMION: Yeah, we do. CHAIRMAN STRAIN: A maximum of 10 trees per five -year period may be removed with a cultivated tree removal permit. Is that 10 trees per lot if one were to have that many? MS. SIEMION: Well, it would be 10 trees per SDP, which is typically -- would be like a subdivision development or a multi - family housing development. CHAIRMAN STRAIN: So if five people came in over -- or if 10 people came in over a five -year period to have a tree moved east, the rest of the people in the development couldn't move any more? MS. SIEMION: Typically what's happening is those homeowners' associations are under a home -- actually those types of developments are covered under a homeowners' association -- CHAIRMAN STRAIN: Right. MS. SIEMION: -- and the homeowners' association is coming in on their behalf and requesting the removals. And what we'll find is if we find that there's multiple requests, we'll recommend that they submit for an insubstantial change, because it usually represents a significant change to their landscape. COMMISSIONER CARON: Excuse me. CHAIRMAN STRAIN: Yes. COMMISSIONER CARON: I have a question. So that means that if I have a diseased tree in front of my house and I have a queen palm that's dying of disease, I have to come in and get a permit and pay $250 to remove it? MS. SIEMION: I just want to clarify something. Is it a single - family home or is it -- MS. CARON: Part of a development. MS. SIEMION: Okay. If it's -- if it's a single - family home that's part of a development, no. Single - family homes are exempt from this. COMMISSIONER CARON: Okay. MS. SIEMION: But if it were to occur in, say, like in a multi - family development where it's under common ownership -- MS. CARON: Ownership, yeah. MS. SIEMION: -- then they would have to come in per tree. Actually for a diseased tree? COMMISSIONER CARON: Yeah. COMMISSIONER ADELSTEIN: No, they don't. COMMISSIONER CARON: And what happens in hurricanes when trees fall over and need to be 22 /8z /c z October 4, 2004 removed? Do you have to -- MS. SIEMION: People just remove them. COMMISSIONER CARON: Okay. MS. SIEMION: But that falls under public health, safety, and welfare, and you just have to apply common sense there. COMMISSIONER CARON: Okay. COMMISSIONER MURRAY: Nancy, if I may, just to be absolutely clear, so if a condominium building -- and there are courtyards and so forth and they had palm trees that were inappropriate, what have you, and they wanted to remove them, they have to actually come in and secure a permit? MS. SIEMION: Yes. COMMISSIONER MURRAY: Now, if that -- if the trees were causing a problem within the courtyard that could be destructive to the property, they still have to come in and get a permit? MS. SIEMION: Yes. It's a -- it's a method of protecting the landscaping. COMMISSIONER MURRAY: Thank you. CHAIRMAN STRAIN: Any other questions, Commissioner Adelstein? COMMISSIONER ADELSTEIN: (Shakes head.) CHAIRMAN STRAIN: Nancy, on page 188, 4 C, you're looking for a letter of approval from the homeowner and master's association which tends to -- which seems to insinuate that in order for them to approve it, they must have some kind of deed restriction that allows them to acknowledge it in the first place. I thought the county didn't get involved with enforcement of deed restrictions. And if they don't, then why are you concerned with a letter from a homeowners' association? MS. SIEMION: Our concern is is we've had applicants come in, a community might come in without permission from the master's association and request a removal that the master's association doesn't agree to. CHAIRMAN STRAIN: Well, then why aren't we concerned when homeowners come in and want a variance to a side setback that the county agrees to but the homeowners' association doesn't? We don't care because if the deed restriction works out beyond our limits, how could this apply? MS. SIEMION: I think that's a legal question. CHAIRMAN STRAIN: Okay. They've got to do something over there, so -- MR. WHITE: Goodness. Well, thank you for the affirmative vote on both counts. I don't know how much of a legal issue it really is. I think it does come down to some question of policy in the sense that with respect to the landscaping, those are things that if they're -- as one of your commissioners had asked, on an individual lot, then apparently you don't need this permit. So I'm not exactly sure how you're going to apply it. And if it is something that is under common ownership, then certainly it's the association that would be the applicant and the permittee. Now, how the provision's intended to apply in a circumstance where a single - family lot owner may desire to remove it, I'm going to have to ask Nancy to help me. MS. SIEMION: Would it help if I gave you a real -life example? CHAIRMAN STRAIN: Please. MS. SIEMION: We actually did have -- it was a multi- family development overlooking a golf course. The tree's on common land. And what happened was -- is we issued the permit for the multi - family development to remove the tree and then later got an email back from the president of the master's association, and he was very upset that the tree was removed without their -- without their approval, because they also have authority over that tree as well. CHAIRMAN STRAIN: Okay. Well, I mean -- 23 /6 z Af October 4, 2004 MS. SIEMION: It actually works pretty good in real life. CHAIRMAN STRAIN: If our attorney is comfortable with this, then I'm not going to debate that with him. MR. SCHMITT: And just to point out, in a similar situation where you have a tree on common ground that may obstruct a view or had grown and to obstruct a view of a property or homeowner and he says he wanted that tree removed, likewise, they need to come in. And we -- Nancy needs to verify that, in fact, the owners, who are the property owners or the homeowners' associations, whomever, agree with that. So it's just a matter of making sure that it's not just this one individual saying, well, I'll pay for the tree and I'll move it, and it happens to be in common ground, and it's not his private property, so -- we've had that experience. MR. WHITE: I think that's the way this thing's going to have to be applied, because if it's on a single- family lot per se, then it's exempt from the permitting, as far as I understand it. So it's only in the context of a multi - family where there would either be a condominium or some other form of association ownership of that common tree. So I'm not sure how you end up with an individual applicant in that context, but regardless, it seems that the regulation is drafted in a way to require the approval of the association in any event, which is truly, perhaps, most often, the owner of the underlying ground and the tree. MR. SCHMITT: We had a similar -- MR. WHITE: That's the most I can help. MR. SCHMITT: -- situation with big trees dropping the figs on the private property, and -- the olive tree, I think that was, black olive tree. CHAIRMAN STRAIN: Under your permit conditions, I have one last question. In five, the permit conditions you suggest -- you say a permittee has to agree to one of the following conditions listed, and you list two, and they're good conditions and all that, but what happens if the tree dies? They go to all the trouble of doing A or B, but if the tree dies under -- and they did A, are you -- is there some enforcement mechanism to make them replace it? MS. SIEMION: They'd have to replace it. CHAIRMAN STRAIN: Okay. Is that just a given? COMMISSIONER ADELSTEIN: If under some circumstances that -- you said early that if a tree was planted closer than 15 feet to a building, and all of a sudden now it's touching the top of the building and doing something, now, again, do we have to go through that same plan, or if it's inside 15 feet, you'd automatically take it down? MS. SIEMION: They would still have to request permission to remove it. Keep in mind, we have to verify the information that's given us in -- COMMISSIONER ADELSTEIN: I'm assuming you do, yes. MS. SIEMION: -- order to protect our landscape out there. COMMISSIONER ADELSTEIN: Thank you. COMMISSIONER MURRAY: I appreciate this very much, because in my condominium, the lovely builder put in -- in our courtyards, put in palms that have grown extraordinarily high and they're whipping -- they were whipping the windows in the hurricane, and so they have to be removed. I had no clue that there was to be a permit involved. And I'm just wondering how we came across $250 as a cost to that. That seems like a lot of money to request for something to be taken away that needs to be taken away, perhaps. How did we come -- that seems like a lot of money to me. MS. SIEMION: Susan, do you remember, was that the fee that we were charging for vegetation removal and we just simply adopted the same fee? 24 /6.,z IC4 October 4, 2004 MS. MURRAY: I believe so, yeah. MS. SIEMION: Okay, yeah. That's what happened. COMMISSIONER MURRAY: Well, being ignorant of the vegetation removal thing, I -- maybe you could amplify it for me. Is that across a whole tract, vegetation removal? MS. SIEMION: Well, vegetation's different from this in that it's the stuff that's preserved and -- MS. BURGESON: For the record, Barbara Burgeson, environmental services. The vegetation removal permit fee was increased about a year and a half or two years ago to 250 as a result of staff analyzing the exact amount of time that it takes to do the site visits, to do the staff reports, or the review of the permit and to actually issue it. So it is based on the amount of time and based on the hourly rate. We understand that it does -- it is a fairly high fee, but we were -- we were required to analyze that and make our permits fee - based. COMMISSIONER ADELSTEIN: But how do you find that same validity with one tree that may be a problem? MS. SIEMION: I can answer that. COMMISSIONER ADELSTEIN: How do you get that same number? MS. SIEMION: It's the same amount of work for one tree. I mean, I totally agree with you, $250 is a lot of money. But in terms of the amount of time it takes to process the paperwork, go out and do a site visit, follow up with the subsequent visit once the work is done, we actually lose money on it. CHAIRMAN STRAIN: God forbid. MS. SIEMION: I know. MR. SCHMITT: Just for clarification, we do -- the fee schedule is a separate ordinance. It comes in periodically. I'm restricted in charging fees. Fees can only pay for services provided. If, in fact, the fee is generating more money than service provided, I reduce the fees. So it is -- when you look at hourly rate -- and I'm not talking hourly rates of an employee, but I'm also talking all the other payments I have to make -- COMMISSIONER MURRAY: Overhead. MR. SCHMITT: -- and the overhead to pay into it -- COMMISSIONER MURRAY: You put the overhead and everything, fee structure. MR. SCHMITT: -- it -- or fee structure, to pay for -- to meet revenue, or to meet -- revenue to meet the expenses, this is a lost leader, I can tell you. CHAIRMAN STRAIN: Okay. Is that all the questions from the commission? If so, I'd like to hear any speakers from the public. MR. WEBB: The only registered public speaker we have on this -- on these issues is George Fogg. CHAIRMAN STRAIN: Okay. You know the routine, sir. So -- MR. FOGG: Hello. My name is George Fogg, 628 Woodshire Lane, Naples, Florida, 34105. And I have a very brief set of comments. The landscape code has been consolidated and updated during this cycle. I have been involved in the past -- not in this particular cycle. But in the past 15 years I've been involved with every code revision that has been made in the landscape code, so I'm somewhat familiar with the landscape code. I strongly recommend these revisions and I believe that they will improve the landscape designs and required county plans without increasing their required amount of work. I do believe, however, that there is a need for additional refinements in at least four areas of the code for future sites. They're not critically required at this time but should be looked at in an overview as the landscape code -- I mean, as the architectural code was just reviewed. And they are: One, certification by design professionals that the work has been installed as per the county approved landscape plan. 25 /6, 7- IC 2- October 4, 2004 Two, that street tree planting requirements be codified and that this is a very complex and difficult process that needs to be carefully studied and refined -- carefully studied and refined regulations promulgated. Three, planting in relationship to utility lines, especially overhead electric and communication lines, must be carefully included within the code. It's sort of there but not really. And frequently, as you have seen during these latest storms of the hurricanes, we have seen damage caused by trees growing up through, under power lines. Our particular development alone had five outages during the last series of hurricanes, distinct and severable, strictly due to trees that were growing where they shouldn't be. And finally, four, as I spoke earlier, creativity in design needs to be encouraged in the code and that the creative application and utilization -- through the creative application and utilization of the county code. I will say, and I will repeat again, that I personally have not had any creative desires of mine thwarted by the county codes, but unfortunately, a lot of people do. They either don't effectively design or they don't effectively present their designs, and they are not able to get them approved. But it has been my experience over the 15 years that I've been practicing here in Collier County with different reviewers, I have been able to get anything of quality creativity approved. I think it needs to be encouraged as a factor in getting better design. The same as the architects. I really truly concur that this is something, we want the best quality design we can get. We need to have the minimum codes strong enough so that we can coerce, convince, force, the clients to do as good a design as is possible within at least some sort of economy. Thank you for this opportunity. CHAIRMAN STRAIN: Thank you, sir. If you could submit those four suggestions you have to Nancy so that by the next time she comes in for cycle one or cycle two amendments in 205 (sic), maybe she'll have time to review those. That would be helpful. We have a tendency to ask those questions when these things come up. Appreciate your input, sir. Is there any other speakers from the public? MR. WEBB: No. No, there aren't, Mr. Strain. CHAIRMAN STRAIN: Okay. Then, Nancy, that's the end of your issues. MS. SIEMION: Okay. CHAIRMAN STRAIN: Then I would like to ask the commission for a recommendation on section 4.06.02 C, 4.06.02 C again, 4.06.03 B.1, 4.06.04 A.0, 4.06.05 A.1, 4.06.05 B.4, 4.06.05 C.2, 4.06.05 CA, 4.06.05 C.11, 4.06.05 G, and 10.02.06 J. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: Is that movement consistent with the growth management plan? COMMISSIONER ADELSTEIN: Yes. COMMISSIONER SCHIFFER: And I'll second that. CHAIRMAN STRAIN: That was seconded by Commissioner Schiffer. Any further discussion? (No response.) CHAIRMAN STRAIN: All those in favor? COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. 26 14 Z e-C.? October 4, 2004 COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion passes. Thank you, Nancy. MS. SIEMION: You're welcome. MR. WEBB: Mr. Chairman, I don't know what the wish is of this body, but we have a couple of representatives from staff, if we can take those next so that they can get back to their jobs, that might be appreciated. CHAIRMAN STRAIN: That's fine. MR. WEBB: Specifically, we have Denise Kirk and George Yilmaz here for the dumpster, or recycling provisions, I should say. CHAIRMAN STRAIN: Well, steer us to the right provision. We'll keep moving. MR. WEBB: Okay. Those are on page -- of your summary sheet, page 93 of the packet, section 5.03.04. And I think George may have stepped out, but Denise is here to answer any questions. MS. KIRK: For the record, Denise Kirk, solid waste management department. This is just to enhance the community character by adding recycling receptacles in the garbage container dumpster area enclosures. Did you have any questions? CHAIRMAN STRAIN: I've got a couple. The size of the recycling bin, is it supposed to be the same size as the dumpster enclosure? Is that what I'm reading here? MS. KIRK: The size of the recycling receptacle depends on the service. CHAIRMAN STRAIN: Okay. MS. KIRK: It could be a 96- gallon container, it could be a dumpster size container for cardboard. CHAIRMAN STRAIN: And you can -- for recycling receptacles, you can enclosed those with a vegetative screening -- MS. KIRK: That's correct. CHAIRMAN STRAIN: -- in lieu of the hard screening that's used around dumpsters? MS. KIRK: Correct. CHAIRMAN STRAIN: Have -- in thinking that out, recycling bins actually have more paper and stuff thrown around than trash dumpsters seem to, because it's looser material generally. Is there any concern in -- regarding only a vegetative screening for that? MS. KIRK: No, not in a litter sense. What we were thinking about as far as recycling was that the material is not putrescible; in other words, it's not garbage. It doesn't smell. It's a different type of material. That's why we would allow vegetative screening. CHAIRMAN STRAIN: Okay. Under your noncompliance it says, in the event that an existing property owner experiences substantial hardship. So that is retroactive; it goes against every development, existing and future? MR. WEBB: I don't believe -- Commissioner Strain, I don't believe that would be -- CHAIRMAN STRAIN: That's why I'm asking the question. MR. WEBB: Yeah. I don't believe that would be applicable. I don't believe you can have retroactive application. I mean, I would turn to Patrick on that. MR. WHITE: And I'm not going to try to preempt what the staff s intent here is, so I'm going to ask Denise if she would mind answering the question. CHAIRMAN STRAIN: Okay. 27 16-7 Ica October 4, 2004 MR. WHITE: Thank you. CHAIRMAN STRAIN: Then on page 96, item H, noncompliance. It says, in the event that an existing property owner experiences a substantial hardship. If -- are you saying this is going to apply to existing property owners then? MS. KIRK: I don't believe so. CHAIRMAN STRAIN: Okay. Then we can modify that section to fit appropriately or -- obviously if it doesn't apply, then we don't need it, or we need something changed. I'll leave it up to you -all to come up with a suggestion on that. MS. KIRK: Okay. CHAIRMAN STRAIN: Because I'm not sure what you were intending, so -- MR. WHITE: Nor am I at this point. I mean, the regulation does say, or imply anyway, under H, that an existing property owner, meaning at the point in time that the regulation is enacted, it becomes effective. It certainly seems to be eligible for a substantial hardship, which to me means it would have to be applicable to them in order to apply for the hardship. CHAIRMAN STRAIN: Right. That's where I'm going. MR. WHITE: So I think it's intended to apply, and I think it's intended to apply in a way that provides for some type of relief. And in that sense, I don't think it's retroactive. It would be presently applicable to someone who has service. And if by applying that provision to an existing property owner it created a condition of substantial hardship, they'd be entitled to this relief. MR. SCHMITT: I think we need to clarify -- or Denise or George, because the ordinance which was passed -- what did it require for the compliance for existing -- MS. KIRK: For existing. It exempts existing structures. COMMISSIONER ADELSTEIN: Preexisting? MS. KIRK: Preexisting. MR. SCHMITT: We have a mandated recycling ordinance that went into effect. It's a commercial recycling ordinance. MS. KIRK: Non - residential recycling ordinance. MR. SCHMITT: Non - residential recycling. And so I just need to make sure that what I -- I don't recall what was in there that would -- for requiring -- there was no requirement of retrofitting existing commercial properties. MS. KIRK: Correct. COMMISSIONER ABERNATHY: So maybe it's preexisting. CHAIRMAN STRAIN: So maybe in the event that a property owner experienced this, just take the word "existing" out. MR. WEBB: Yeah, I think that would -- CHAIRMAN STRAIN: That leaves nothing that anybody could -- MR. WEBB: As far as I can see, yep. CHAIRMAN STRAIN: And then the last question is, you -- apparently they can apply for a variance on -- according to number five. And will that variance cost be the typical variance cost, or is there going to be a special cost associated with a variance for this application? MR. WHITE: I'll note for the record it says administrative variance, which is not what the Planning Commission nor the Board of County Commissioners hear. Those are variances that are quasijudicial in nature, and not administrative. CHAIRMAN STRAIN: Well, I'm on number five, and it doesn't say administrative variance there. It just says variance. W !o/ .7 /CZ October 4, 2004 MR. WHITE: My apology. CHAIRMAN STRAIN: Okay. Now, does that -- are we back to, if they have a hardship that -- to cure that hardship and they need a variance, we're going to charge them $4,000, whatever the variance cost is? MS. MURRAY: No. The -- back on page 96 it says, the process for requesting an administrative variance shall be as follows, so all the, one through five, apply to the administrative variance. That's how I read this. CHAIRMAN STRAIN: Okay. Then the word administrative can go in front of the word variance in that last paragraph to be consistent? COMMISSIONER ABERNATHY: Well, it doesn't need to. It's right at the heading. CHAIRMAN STRAIN: Okay. Well, if that's the way you read it. Everywhere else, in number three and the rest of them, it refers to administrative variance, and that one didn't. MR. SCHMITT: Well, we're going to put it in there to make sure that it's clear. MR. WHITE: And I don't want to beg the question, but we're attempting, from the community development side of things, to, perhaps, change the intent of what this regulation is. And when I read it what it's contemplating is the circumstance where apparently the administrative variance process hasn't led to resolution of some issue. And in that sense, it's suggesting that you would then apply for the formal type of variance. If I'm reading it wrong, please help me. And if I'm wrong for even interjecting, then please consent to the use of the word administrative in number five as an adjective. CHAIRMAN STRAIN: Well, if it is truly supposed to be there, then why don't we just put it there and make it simple? MR. WHITE: I'm not convinced it is. CHAIRMAN STRAIN: Oh, okay. Does anybody know if it is or not? COMMISSIONER ABERNATHY: Well, it shouldn't be a subparagraph of H. MR. WHITE: Right. I think that's just a formatting error issue, and we can address that, but -- COMMISSIONER ABERNATHY: Just pull it out of there -- MR. WHITE: -- if it's something else that says -- COMMISSIONER ABERNATHY: -- and make it "I" or something. MR. WHITE: Because section 9.04 are the traditional provisions for variances. MR. SCHMITT: Right. MR. WHITE: So I don't think it's, indeed, intended to be an administrative variance under number five, but it should be reformatted. CHAIRMAN STRAIN: Okay. So it's not going to be a variance -- so possibly reformat it to capital "I" instead? MR. WHITE: Well, I think that I'd leave it to Russell in municipal code to give the right structure to it, but it should be the equivalent of the header under the process for requesting it. CHAIRMAN STRAIN: Okay. COMMISSIONER ABERNATHY: That's why the variance was capitalized. CHAIRMAN STRAIN: That's why I couldn't figure it out. Is there any other -- Brad? I'm sorry. COMMISSIONER SCHIFFER: The geometry of these spaces you've come up with, essentially you're doubling the size of the container area. How did you come up with that -- that need? Because, theoretically, you're recycling, so you're really proportioning the stuff -- and here's my concern, is 24 feet is -- would put -- most of these things are within parking lanes and stuff, so a 20 -foot parking lane or an 18 -foot parking lane would make more sense to me, unless you think that there's -- 29 /6 z lc:1? October 4, 2004 you're going to double the need for waste. I mean, theoretically you're splitting the existing waste with the concept, right? And here's my concern, is that 24 feet, you know, would make it difficult to put it in a parking lane set up. It would come out into the parking lane. It couldn't go into the buffer system. So is there a reason to make it that big? Could we not take it down to a smaller dimension? COMMISSIONER ABERNATHY: It's too dark. COMMISSIONER MURRAY: I can't see it. COMMISSIONER SCHIFFER: It's awfully dark. MR. YILMAZ: For the record, George Yilmaz, solid waste management department. Commissioners, I put something on visualizer as an example showing a cardboard container and the municipal solid waste container. This is a good example of how you can do enclosure. As you can see, the doors -- the one behind the doors open is a municipal solid waste container, and the ones behind the doors closed is an example of a cardboard container. So for us to be able to accommodate two containers, we have to go as high as 12 feet in diameter. Now, one other thing I want to mention here, increase in size for containment area is a potential for decrease in frequency for municipal solid waste collection. So they're out of savings on operational side by decreasing frequency of garbage and putting what you would put in garbage can into a recycling bin. So there's -- appears to be initial cost, however, under mandatory municipal solid waste collection and disposal ordinance, as well as recycling ordinance for commercial recycling -- so what we are -- what we are doing is we are doing our best to address coming up with something that is compatible with what you have worked very hard -- till the end of last session, architectural standards, so that we are compatible, so that our recycling centers, recycling dumpsters, as well as municipal solid waste dumpsters, becomes compatible with what you have debated all this time. - I hope I answered the question: - COMMISSIONER SCHIFFER: And you know -- and I'm not really concerned about -- that's a pretty large -scale operation of cardboard. Most businesses won't get into that that will have this requirement. I mean, isn't there a way to do something smaller than this to stay within the -- a dimension of 20 feet or less so it can be built in a parking lane? MR. YILMAZ: That's a possibility, and that language has been built into the proposed language so that case by case we will review these applications coming in, and we will determine, best we can, and meet the demand of the customer as far as frequency, container size, as well as municipal solid waste and recyclable containment areas. CHAIRMAN STRAIN: I don't see where that's built in. COMMISSIONER SCHIFFER: Yeah, I don't either. I see mandatory requirements. CHAIRMAN STRAIN: Right. COMMISSIONER SCHIFFER: I guess the -- MR. YILMAZ: If you go to -- I'm sorry. If I might be specific to the last inquiry there. If you go to section -- section D, enclosure dimensions. COMMISSIONER MURRAY: What page, please? COMMISSIONER SCHIFFER: Ninety -five. MR. YILMAZ: Page 95. As you can see there with the -- the language is there, but further if you go to section H, and if there is a potential non - compliance issue, the architect that will approve can work with our customer service and utility billing staff to come up with alternative solutions. So this is one of those things that frankly we're flexible enough for architect as well as the site planning engineer to come up with meeting the demand of that specific business. So this is not one of these things easily you can write into the code, establish something solidified. 30 16 -Z /cZR October 4, 2004 But what we're doing here is we're establishing minimum requirements compatible with architectural standards, as well as meet the demand for recycling and municipal solid waste collection and proper disposal. CHAIRMAN STRAIN: The dumpster you're showing behind the closed door is the recycling dumpster; is that correct? MR. YILMAZ: Yes. That's a cardboard dumpster. CHAIRMAN STRAIN: Is that the one that could have a vegetative screening around it? MR. YILMAZ: That could have vegetative screen around it as an alternative, yes. If there are some site constraints, given the site conditions so that -- we are -- we are building as much as we can, flexibility into design, but also be compatible with everything else around it. This is a good example, and there are more of these examples, frankly, already in compliance with the ordinance even though these are existing operations. COMMISSIONER SCHIFFER: Then let me just go further. On the dimension of the -- I mean, first of all, that's a large dumpster, probably one of the largest dumpsters somebody would have, correct, other than getting into some fancy stuff? So most businesses don't have that large a dumpster, so wouldn't they be -- wouldn't it make sense that they be able to build a smaller thing without going through the administrative process to do it? In other words, the 24 -foot dimension, you came up with that so that you could -- you know, 12 by 12 is the old dumpster dimension. You just doubled it. But I mean, couldn't somebody just not -- well, why does it have to be that big? That's a big area. I mean, and a lot of dumpsters aren't that big. The cardboard thing there, the guy's making money on, so of course he's going along with it. But couldn't we design smaller ones than that? I mean, that's a huge dumpster, isn't it, or am I -- MR. WEBB: Commissioner Schiffer, maybe I'm speaking out of turn, but I don't necessarily think that the size of the business would determine the size of the dumpster. You may have a business that produces, you know, a ton of recycling and it's only a small business. So I think it would be hard to sort of develop those standards. COMMISSIONER SCHIFFER: Right. But what I'm afraid of is you're developing it for the biggest business. It's the poor small guy -- and again, the fear I have is the 24- foot's a bad dimension for laying out, you know, parking lots and the dumpster area. So 20 -foot dimension we could live with, 18 feet would be better. But I mean, if there's really a need to double that area -- but, you know, the concept really is, you know, you have the same amount of waste, you're just splitting it up. So theoretically if I had a big dumpster like that, I could break it into two smaller dumpsters and get by. MR. YILMAZ: Points aside -- points are well made and I think well taken here. And I'm going back to the language. The intent here is at rest, that specific issue. If we have a business where they don't need as much as -- space for solid waste management requirements -- and the language says, the way I read it, enclosures for dumpsters shall have minimum internal dimensions of 12 feet for municipal solid waste with a separate area for recycling receptacles enclosed by vegetative screening. That's an alternative. It doesn't have to be 24 feet. That's an option to designers. But if you have a scenario like you're looking at now, you're going to need 24 feet, and you're going to have two containers like we're looking at, and that's the suggested design criteria here. COMMISSIONER'SCHIFFER: I mean, the other question is, the fiscal impact of this is none? I mean, there's -- I mean, you're eating up a developer's land, you're making them build a bigger wall. I mean, isn't there a cost to this? MR. YILMAZ: This is part of our mandatory municipal solid waste collection as part of that mandatory commercial recycling collection and proper disposal. 31 16- /i!!a October 4, 2004 So option number one is, put everything into the garbage dumpster. Option number two is, get into recycling, and the policy decisions have been made that we need to be in recycling business as much as municipal solid waste management business. So for us to build infrastructure for our future solid waste stream, which is designed to minimize impact on our landfill and landfill capacity, this is intended to build, again, short- and long -term infrastructure for our neighborhoods and businesses to be compatible with our integrity of the solid waste threat issue. That is, we will not be able to contain and maintain our landfill capacity 20 years plus. And for us to do that, we need to have this infrastructure in place. COMMISSIONER SCHIFFER: Okay. And I really support that. I mean, there's no issue there. My issue is really that I think the size -- let me just go back to the size, because here's the problem. Some parts of the county you have to have a masonry wall surrounding your trash enclosure. Would this mean that this would waive that for the recycling element, or would that make the person have to build a 24 -foot enclosure? MR. YILMAZ: That's an example to, I think, the issue we're talking about. And the ordinance intended to provide exemptions to current businesses. So it's not retroactive. In this case, if we have a business, has chosen to recycle and having a recycling container next to garbage -- garbage municipal solid waste containment area, they can continue to do it as you see in this picture. It may not be a good picture, but that's -- COMMISSIONER SCHIFFER: Well, but that picture shows that it's taking up a parking space, which I'm sure they wouldn't be allowed to do if somebody studied the plan for that. This picture does show my concern though is that -- and remember, a business can go out of business, you know -- if it's not in certificate of occupancy for six months, it's out of business. So people are going to be coming in retrofitting parking lots. And again, can't you take that 24 dimension down to 20 feet? Then people could build exactly what we want, which is an enclosure for both the containers within a parking dimension of 20 feet. Is the 24 important? MR. YILMAZ: Twenty -four important for us to build infrastructure for the future so that we can get to 50150 recycling ratios for commercial, and that means you have to have enough space for your municipal solid waste generation, enough to put municipal solid waste and enough to put your recyclables into recyclable containers. CHAIRMAN STRAIN: Brad, you may be at one of those impasses again. COMMISSIONER SCHIFFER: Yeah, I'm at all of them. Today's the day of impasses. MR. YILMAZ: However, we have -- COMMISSIONER SCHIFFER: See, this is the problem. If somebody's going to come in -- that's not allowed. You can't take up a parking place for a dumpster. That's a bad example. So what's going to happen is that that business has to retrofit it. He's going to have to build it in that 20 -foot dimension, and it's just not fair. I mean, because if he goes 24, he's into the landscape, and then you've got the landscape ordinance down here. He can't put it in the travel lane, so 20's a good dimension. And, you know, the concept is, you're really splitting the waste, so you should be able to reduce the container size. I know you want to pick up less. Some of that's important. But 20 feet, I think's, important. MR. YILMAZ: Twenty feet important from a standpoint of? COMMISSIONER SCHIFFER: And here's what you'll get. You'll get more people being able to do it. This guy can't do it, because if he tried to do it here, he'd be out into his parking lane. Now, maybe you'll give him an administrative variance, but it would be nice if the code allowed that. CHAIRMAN STRAIN: He's saying most of the conditions that may occur are going to be those 32 October 4, 2004 that take up an extra parking space. And if the spaces are 9 by 20, or 10 by 20, he wants to fit it within that parking space; is that what rm hearing? COMMISSIONER SCHIFFER: Correct. I mean, is -- the standard parking space is 18 feet, isn't it? It's not 20. CHAIRMAN STRAIN: Yeah. COMMISSIONER ADELSTEIN: Yeah, 18. COMMISSIONER SCHIFFER: So you know -- and plus, some of the dumpsters that we use for business recycling, they're not all that big. Especially the recycling dumpsters tend to start out being smaller. Maybe the goal is some day that will be the big one. But you could easily fit in 18 feet the dumpster we have like that plus a recycling bin. MR. YILMAZ: Recycling bin being? COMMISSIONER SCHIFFER: Being a metal dumpster device. It's smaller than that. Definitely smaller than that. It is your intent also to make less pickups. I mean, maybe the point -- I mean, to me, it seems the same amount of waste, it's just being subdivided. If you're saying that's not really the issue, the issue is I don't want to -- I want to visit that site less -- MR. YILMAZ: I think points are well taken. I think -- I think that we don't want to require no more than we need to require in terms of allocated space. But the concept here, for us to be able to provide infrastructure for next 20 years. Last thing we want to do is allow construction of our commercial sites with structural constraints where, if the business owner wants to recycle and bring larger containers in, they shouldn't have to knock the walls down. So the idea here is, build necessary space for us to achieve 50 percent plus recycling goals and have infrastructure in place just to do that. On the other hand, we will be more than happy to look at minimum of 20 feet, and then case by case we can determine up to 24 or 26. We can get into that, but then you're given a little discretion to review, and the review process becomes much more cumbersome and costly. COMMISSIONER SCHIFFER: I mean, wouldn't maybe the other answer would be that the person has to prove to you that the size of his containers, both of them can fit within the wall, then -- then that's -- there's no problem then, right? MR. YILMAZ: Understood. It goes back to original comments, or some of the comments you had made. Businesses (sic) changes. Let's say some establishment comes with another business where they want to recycle 60 percent, 70 percent, or 50 percent, but they may not be able to do it due to the fact that they are not going to be in compliance because they don't have enough enclosure requirements. Two containers in this case, like cardboard and municipal solid waste containers, eight yards or four yards, may not fit in there. And so the idea here is, do not constrain future businesses by structures that we build now 10 years from now. COMMISSIONER SCHIFFER: And this will be my last comment, I promise. CHAIRMAN STRAIN: Yeah. Brad, why don't -- I think we know everybody's position. Why don't you make the motion on this. And if you've got a solution, recommend it in your motion, and see if the rest of us go with it. COMMISSIONER SCHIFFER: All right. CHAIRMAN STRAIN: Any other -- are there any other issues involving dumpsters, recycling? MR. WEBB: No, this is the only other one. CHAIRMAN STRAIN: Okay. Is there any -- there's no public speakers. I would imagine there's nobody's here. Then let's -- can I hear the motion from the panel for section 5.03.04? COMMISSIONER SCHIFFER: Just this one? 33 !6-z 'CZ October 4, 2004 CHAIRMAN STRAIN: That's just this one. COMMISSIONER SCHIFFER: Okay. I mean, I'll make a motion to accept but add to -- add to D, enclosure dimensions, the ability for the designer to design a space other than those dimensions showing that it contains the two required waste receptacles. CHAIRMAN STRAIN: Is there -- COMMISSIONER SCHIFFER: And here's again what I'm -- I'm not -- CHAIRMAN STRAIN: Brad, before you do a discussion, let's get -- is there a second to the motion? COMMISSIONER MURRAY: I don't understand the motion. COMMISSIONER SCHIFFER: Well, the motion is, I want to add the option that a designer can present a plan showing that it contains the two required dumpsters that he has for his business. CHAIRMAN STRAIN: Could you -- would you -- no minimum? COMMISSIONER SCHIFFER: Well, we have a minimum of a 12 by 12. 1 mean, I don't want to go lower than that. CHAIRMAN STRAIN: Okay. So your motion -- COMMISSIONER SCHIFFER: If you think there's a better way to word it. CHAIRMAN STRAIN: -- so everybody understands it, is that if a designer can prove that within a 12 by 12 enclosure he can fit all the dumpsters -- COMMISSIONER SCHIFFER: No, let me make it a 12 by -- what I'm really interested in is trying to keep it in a parking stall. So let me say that if he can show within a 12 by 18 dimension. I mean, I would rather have more thought on it. I can write better than performing here, but -- CHAIRMAN STRAIN: Well, I would agree with you there, but I don't think we have that time today. So is there a second to Brad's motion? COMMISSIONER ADELSTEIN: Before that, are you saying now the dimensions are 12 by 18? COMMISSIONER SCHIFFER: Twelve by 18. CHAIRMAN STRAIN: Instead of 12 by 24. COMMISSIONER SCHIFFER: And then we can say, if it can be proven that it can contain the two receptacles. COMMISSIONER ABERNATHY: So the burden's on the applicant then? COMMISSIONER SCHIFFER: The burden's on the applicant. But here's the thing, I think you might want that because that means people can retrofit these things. They already have a 12 -foot wide space. If you make it 24, they can't build it there. If you make it 18, they can. CHAIRMAN STRAIN: Well, let's get a second on the motion. COMMISSIONER MURRAY: All right. I'll second that. CHAIRMAN STRAIN: Okay. Motion's been seconded by Mr. Murray, it's for 12 by 18 minimum dimension, if the applicant can prove that the containers can fit within that area. Is there any discussion on this? (No response.) CHAIRMAN STRAIN: Anybody have any questions? COMMISSIONER SCHIFFER: The only point I want to make is he's right about the big spaces, but there's a lot of small businesses and stuff that don't have that kind of receptacle, and it's not fair to put a burden like that on them. CHAIRMAN STRAIN: Mr. Adelstein, did you have something? COMMISSIONER ADELSTEIN: I'm just confused at how we can determine -- you're building it for one company, and then all of sudden, a new company comes in, a new tenant comes in, and now that 34 16z /ca October 4, 2004 person's got double the waste as the one before, and now you've got a thing you can't actually fit in what he actually needs anymore. Now we've got to go retrofit again in order to make it work. COMMISSIONER SCHIFFER: Well, I'm -- CHAIRMAN STRAIN: That's an option, someone could go bigger. They just -- COMMISSIONER SCHIFFER: They can make it bigger. CHAIRMAN STRAIN: So a minimum size would be 12 by 18, but they could go bigger if they were to move in there and realize they wanted to expand for future needs. I mean, nothing prohibiting them from going bigger. COMMISSIONER ADELSTEIN: Okay. CHAIRMAN STRAIN: They just couldn't go just smaller. Does that -- COMMISSIONER ADELSTEIN: Makes sense to me. CHAIRMAN STRAIN: Is that comfortable with everybody? The only other two things I'd like the motion maker to consider, and the second, is that we change the format of H5 to a letter, instead of H number 5, it would be I. COMMISSIONER MURRAY: Yeah. CHAIRMAN STRAIN: And then we remove the word existing under item H, the first sentence. Go ahead. MR. WHITE: As far as -- COMMISSIONER SCHIFFER: So moved -- MR. WHITE: Solely as to the formatting solution, I believe that under H, Arabic one should be put out in front of the process for requesting an administrative, then all of the numbers one through four should be changed to small letters, a, b, c, and d, and then the number two under what was previously numbered 5. I think that's consistent with the traditional formatting structure we've utilized. CHAIRMAN STRAIN: Okay. MR. WHITE: I appreciate -- CHAIRMAN STRAIN: I just said, as long as it gets reformatted. That's the way -- is that acceptable to the motion maker? COMMISSIONER SCHIFFER: That's acceptable, to me. COMMISSIONER MURRAY: (Nods head.) CHAIRMAN STRAIN: There's a motion and a second. Okay. Any further discussion? MR. YILMAZ: If I might. For the record, I'd like to put something in record, that for us to be able to manage our future infrastructure and waste stream, we need to have our structures where business transparent (sic), so that every time businesses (sic) changes, our 20 -year infrastructure that we're talking about today does not change. It is designed to accommodate those business changes, but the infrastructure does not change like individual business changes under the same site plan, same ownership. So having said that, I will strongly recommend that we establish minimum requirement for 24 feet. And if there are special cases, as commissioner indicated, then the administrative variance system we have established herein would apply. COMMISSIONER MURRAY: Well, as strong as you are though with regard to that, I wonder whether anyone would have a chance at a variance. COMMISSIONER SCHIFFER: Well, we don't know. CHAIRMAN STRAIN: There's a motion on the table; it's been seconded. I'm going to call the vote. All those in favor? 35 161 AC October 4, 2004 COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Those opposed? COMMISSIONER ABERNATHY: Aye. CHAIRMAN STRAIN: One opposed. Motion carries. With that, we're going to take a 10- minute break. (A brief recess was taken.) 'CHAIRMAN STRAIN: Okay. Russ, if you'll take us -- I guess we're going into -- we're going to go into Barbara's area, right? MR. WEBB: Right. I have one amendment concerning the -- on page 6 of the summary sheet, if I'm not mistaken. I am mistaken. Page 7, the VRSFP, vegetation removal and site filling. That's section 4.06.04 A.1 on page 72 on your packet, but I believe Barbara has some changes she just handed out to you. MS. BURGESON: And actually the changes are for a different section, so I'll get to that next. Vegetation removal and site filling section. Again, for the record, Barbara Burgeson with environmental services. What we did with this language was we reformatted it so that you'll notice that the entire section was struck through, and then we rewrote it. We tried to simplify the language and we tried to add some conditions so that there's more flexibility to allow for clearing and filling before building permits under certain circumstances that we weren't currently issuing. The EAC approved this item on September 30th. I know that your summary shows that they have not heard this item yet, but they did have an EAC meeting recently, so that was approved during that meeting. CHAIRMAN STRAIN: Barbara? MS. BURGESON: Yes. COMMISSIONER MURRAY: Are you finished with your presentation? MS. BURGESON: Yes. COMMISSIONER MURRAY: On your page 75 under, I guess, little i, where it says must be submitted and deemed sufficient by Collier County, is that just, we're going to interpolate on their county manager or designee or something of that nature? MR. SCHMITT: That would be submitted to the building department. Deemed sufficient means it's been gone through the building review and permitting department. COMMISSIONER MURRAY: That's a standard phrase is what you're saying to me? MR. SCHMITT: Yes. COMMISSIONER MURRAY: Okay. Thank you on that one. MR. SCHMITT: It would be -- it would go through the checklist and be accepted and be processed -- begin processing for review. COMMISSIONER MURRAY: Okay. But I understand it to be standard phrasing? MR. SCHMITT: Yes. COMMISSIONER MURRAY: I appreciate that. And then further down under A, second par -- I noted that the slopes are 4 -to -I ratio. We spoke about that earlier in there. That is steep, isn't it, 4 -to -1? MS. BURGESON: That's standard by the engineering -- del &o-7 ICS October 4, 2004 COMMISSIONER MURRAY: Okay. MS. BURGESON: -- requirements, and that is a fairly steep slope. I think that that can be stabilized. I think that that's also a slope that's used in landscaping, but I don't know. They may have changed that since I've been familiar with the facts on that. CHAIRMAN STRAIN: Side slopes, the right -of -ways. It's used for light banks, it's used for a lot of things. 4- To -1's the standard, and you generally just sod it, and then you're done. COMMISSIONER MURRAY: I noted though, there was certainly some -- at an earlier document, there was some discussion about the concern for the loss of plants, so that was why I questioned. MR. SCHMITT: This doesn't overtake any of the requirements for littoral plantings or any of those type -- COMMISSIONER MURRAY: That's what I was referring to, yeah. CHAIRMAN STRAIN: Bob, do you have any other questions? COMMISSIONER MURRAY: That was my only other. Thank you very much. CHAIRMAN STRAIN: Barbara, I've got two ex -- under -- on page 76, the Roman numeral V -- and I know this is repetitive language from the prior one, but it says, VRSFP, authorizing up to 25 -acres of clearing and filling -- I'm sorry -- is nearing capacity. What is nearing in relationship to -- I mean, is 50 percent nearing capacity, or 75 percent or -- MS. BURGESON: We've been very flexible in that. We rarely have submittals for an additional VRSFP. But if someone anticipates that in -- and again, it would be subjective, by we want to be flexible. If someone anticipates within the next year that they need to expand beyond that 25, we want to make sure that they can get through the process and get the permit so they have it in hand and they're ready to start that next process. If you want to add some conditions to that -- CHAIRMAN STRAIN: I was just concerned that if someone came in and was unreasonable, by that language, could you turn them down? MS. BURGESON: No one has yet, so I'm hoping that it won't be a problem for that. CHAIRMAN STRAIN: Just keep our fingers crossed. MS. BURGESON: Yeah. If you'd like, we can look at putting some language in there, but since it hasn't been a problem -- CHAIRMAN STRAIN: If you don't think it's a problem, then I m just bringing the question up. MR. SCHMITT: Again, this was created because the other was so restrictive that it almost became a business -- well, it was a -- it was a tough process to go through lot by lot by lot, and this relaxed it a little bit. It provides a better -- little bit more of an opportunity for the developer to go into their already preplatted area and do larger tracts then, but there are certain precautions to preclude all the other aspects of that, like erosion or run -off, and those kind of things that need to be -- need to be taken -- CHAIRMAN STRAIN: No, I think it's a good provision, Joe. I just wanted to make sure that there was no loopholes in it that it would cause us any concerns. Under Roman Numeral VII on page 77, the very last paragraph refers to, in the event that any portion of the stockpile is in place for greater than 18 months, the county will order the fill to be removed. If you take fill off a site, you've got to have a commercial excavation permit, I believe. Or if you tell them to remove it, where are they going to put it? What was your intent in that regard? I know this is old language, but now that it's being brought back up, maybe it's something we ought to understand. MS. BURGESON: Yeah. I can understand that concern. Not having written this -- and this was written by the engineers -- I'd have to take a look at that and ask them to consider if we're requiring them to remove that. CHAIRMAN STRAIN: Where are they going to put it? MS. BURGESON: Where are they going to put it? 37 October 4, 2004 CHAIRMAN STRAIN: And I don't mind if -- MS. BURGESON: Just because it's been in there for the past six years doesn't mean that it makes sense the way it's written. CHAIRMAN STRAIN: I'm not sure we can resolve that here today, so if you would just look at that, and if you find a solution to the problem that seems reasonable to present when it goes to the BCC, that would suffice for my concern. MR. SCHMITT: That -- again, we need to -- we'll talk to Stan indeed. The point here was that what I didn't want is for the clearing to be approved and then it sat there for greater than 18 months with no improvements, then you create a nuisance for neighboring homes or other type of things. So that what I was looking for -- some -- either soil stabilization or you have them spread the fill or those type of things -- CHAIRMAN STRAIN: Because this is saying stockpile. So if you've got a 10 -foot high stockpile sitting there and the county comes up and says, you know -- and you're 19 months, you've got to remove it. MR. SCHMITT: Yeah. That was not the intent of this to create the stockpile, so we need to -- I don't -- I can't remember why -- or what -- why Stan put this in there. MS. BURGESON: Well, this was in the original VRSFP section from '96. The only thing that we've made a change to was we changed it from 24 months to 18 because there was some concerns from citizens that these stockpiles are sitting there too long. CHAIRMAN STRAIN: Well, if we're going to change it to be made better, let's just do it now and be done with it. That's all I'm suggesting. Okay. If there's any -- no further questions, let's move on to your next issue, Barbara. MS. BURGESON: Okay. The next one is for the littoral shelf planting area. And again, this item was heard at the EAC on September 30th and they recommended moving it forward with approval. COMMISSIONER VIGLIOTTI: Page? MS. BURGESON: This is the one that I just handed out. MR. WEBB: So it's on page 55 of your LDC packet. COMMISSIONER VIGLIOTTI: Thank you. MS. BURGESON: And it's a single sheet -- COMMISSIONER ADELSTEIN: Yes. MS. BURGESON: -- with some red -- red print, which adds new language. This is a result of some recent meetings that staff has had. And it doesn't change -- it doesn't change the intent. It just simplifies and clarifies. So I need to just read this into the record. Projects under 3.5.11.3.1, projects approved and constructed according to previous standards and do not meet the operational requirements of 3.5.11.2 shall meet the current standards subject to the following criteria. So that's just simplifying the language there, and added, at the end of C, that regrading of existing slopes will not be required. I also need to read into the record, as a result of some meetings that we've had recently with code enforcement staff where these issues come up if they're in violation if their littoral planting areas are failing and they need to create or come up with and assess the situation on the site. We found that if they do assess the site and they are going to propose to replant it in a different area or regrade it if they -- if they choose to or put in different plants, we want to make sure that they submit to us the new plan so that they have that plan of record so they're not held to the old plan that's failing. The language I'd like to add in is -- and that would be letter F -- a written assessment and site plan shall be required if it is determined by the assessment of the lakes that the new plantings will differ from the approved plan of record. And that's just to protect the landowner. CHAIRMAN STRAIN: That will provide the consistency in what plans are on record. W &z icz October 4, 2004 MS. BURGESON: Yes. CHAIRMAN STRAIN: Are there any questions with Barbara's recommendations and petition? (No response.) CHAIRMAN STRAIN: Do you have any other sections you're involved with, Barbara? MS. BURGESON: That's it. CHAIRMAN STRAIN: Okay. Are there any members of the public here to speak, Russell? MR. WEBB: No, not on this particular issue, Mr. Chairman. CHAIRMAN STRAIN: I'd like to entertain a motion from the commission on section 3.05.10 C and section 4.06.04 A.1. COMMISSIONER ADELSTEIN: So moved. COMMISSIONER SCHIFFER: Second. CHAIRMAN STRAIN: Is that a motion and second made consistent with Barbara's recommended changes— COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: -- and consistent -- found in -- consistent with the growth management plan? COMMISSIONER ADELSTEIN: Yes, it is. COMMISSIONER SCHIFFER: Yes. COMMISSIONER STRAIN: Okay. Is there any -- COMMISSIONER SCHIFFER: Goes without saying. COMMISSIONER STRAIN: Is there any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, say aye. COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motioned passed. Thank you. Thank you, Barbara. rve got to get closer to my mike, right? I'm sorry. What I'd like to do, Russ -- I know Amy's here for a purpose, I'm sure. So if we could probably direct our next attention to what she's here for, that would at least get her home before dinnertime. MS. TAYLOR: Thank you. CHAIRMAN STRAIN: The rest of us will be here. * * *MR. WEBB: Yeah, I agree, I agree. And I think Amy's is a relatively simple one, if I'm not mistaken. It's adding educational plans -- let me see if I can locate that on the -- sorry. You sort of caught me off guard. MS. TAYLOR: Page 36. MR. WHITE: Page 36. MR. WEBB: Page 36, Patrick? MR. SCHMITT: Yeah. 39 /4,7 /Ca October 4, 2004 MR. WHITE: Four on your summary statement. MR. WEBB: Page 4 on your summary sheet, page 36 in the packet. We're adding an educational plan as a permitted use in a few of the districts. And this is a re -- clean -up from the recodification. Some of them did not make the transfer. This was -- this was all taken care of in cycle 3, 2003, but as I said, it didn't -- didn't make the transfer. And this is due to our continuing obligation to clean things up from the recodification. CHAIRMAN STRAIN: Amy, is that the only one that involved your realm? MS. TAYLOR: Yes. COMMISSIONER MURRAY: Move to approve. COMMISSIONER SCHIFFER: Well -- CHAIRMAN STRAIN: Is there a second? Well, I think Russ just read it in. I don't know if there's a presentation needed. COMMISSIONER ADELSTEIN: Not for me. COMMISSIONER SCHIFFER: No comment. CHAIRMAN STRAIN: There's a move to approve by Commissioner Murray. Is there a second? If there's a problem, let me know. COMMISSIONER SCHIFFER: I'll second it. CHAIRMAN STRAIN: Now, are we finding this consistent with the growth management plan? COMMISSIONER VIGLIOTTI: Yes, we are. COMMISSIONER MURRAY: We are. That's why we're doing it. CHAIRMAN STRAIN: Okay. All those in favor? COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Amy, that was just a pure waste of your effort, but thank you. MS. TAYLOR: Well, I did sign up as a speaker, if I could just say a word or two about it. CHAIRMAN STRAIN: Oh, I'm sorry. I thought that -- MS. TAYLOR: That's okay. CHAIRMAN STRAIN: Go ahead. MS. TAYLOR: Amy Taylor, Collier County Public Schools, for the record. Thank you for approving that. We do really work hard on the interlocal agreement to ensure that schools can continue to be in places where student population is and where families are, and hopefully get back to the more walkable school and integrating them into neighborhoods. Our schools primarily are in residential zoning districts, and they're integrated into their communities. There are very few that are in agricultural areas that are zoned agriculture. Some of our larger schools, our high schools, are in those types of areas, and that may be where they're more appropriate. What we're -- our next horizon is actually reflected in our interlocal agreement with the county, is the concern about PUDs. We are not, as has been interpreted in the recent past, not allowed as -- allowed the use in a PUD that's already existing and in the books. .O I6 .z /Ca October 4, 2004 There's examples of where we are allowed in PUDs or where it had been interpreted in the past, and that's Caloosa Park Elementary, Corkscrew Elementary and Corkscrew Middle School, Lely High School, a new elementary school in the Lely PUD, so there's precedent for that, but unless we're specifically listed in the PUD, we're not allowed in that PUD, and that's -- we respect that position. Where we're going to become more active, and the reason for this is -- it's best illustrated by our exercise through our developing our capital plan, our five -year plan. What we discovered is that with the class size reduction amendment, which I'm sure you've all heard about and read about in the paper, which is a very positive thing for students, we're finding that instead of one elementary school in our five -year plan, we're looking at five new elementary schools in our five -year plan. This means -- because of the additional classrooms alone. So to keep at it -- you know, to make sure that we're getting those schools in those locations, we're going to be coming to you when PUDs are sunsetted, when they're amending new PUDs, and we're going to be asking that schools be allowed as a permitted use in those PUDs so that we can ensure in our future that we're going to have schools fully integrated into our communities. So we just -- I just wanted to take the opportunity to make you aware of that, so -- CHAIRMAN STRAIN: I'm assuming that when you ask it's going to be practical, meaning if a PUD's alongside an existing school, there may not be a lot of a need for another one right beside the PUD, so it's going to be a little give and take. MS. TAYLOR: A little give and take exactly. It just -- it all depends on the area where we can demonstrate that there's a significant amount of growth in that area, that -- that might be the case for -- there's schools out in the Estates, for example, that we have to build an elementary school every four years to relieve that school. So, you know, there are situations like that where communities are changing over time, becoming more younger -- yeah. I mean, there's certainly -- we wouldn't ask for anyplace where we wouldn't anticipate a need. CHAIRMAN STRAIN: You keep staying at these meetings and reminding us -- MS. TAYLOR: I will. CHAIRMAN STRAIN: -- I'm sure we'll keep up with it. Thank you. And Russell, I think that resolves all the issues that the people who have been in the audience for, unless Marjorie's here for something different at this time. MR. WEBB: Yeah, I think Marjorie has one toward the end. CHAIRMAN STRAIN: Okay. * * *MS. STUDENT: For the record, Marjorie Student, assistant county attorney. And I authorized the provisions on notice hearings for DRIs and PUD extensions. And in looking at this iteration, it appears -- when I first drafted it, I tried to integrate it, and then I separated it into two pieces, and it looks like the part, first iteration, got into a bit of it, so I just wanted to correct that for the record. On page 194 there shouldn't be any reference to DRIs or DRI amendments or abandonments at all under B. That's just for extensions of PUDs. And also, you will see in "c" there is a signage requirement for DRIs, which also appears -- that's little letter c. That's on page 195, but that also appears on page 198. And the reason for the redundancy, again, was there were two iterations where, at first, I tried to combine them, and I realized they should be separated. So I just wanted to correct that for the record. And the only other thing I'd like to add, on page 195, paragraph 2 B.2, as it relates to PUD extensions, to say that -- on the third line, herein before the BCC and shall conform to the applicable sign regulations listed in 31) and E, then, comma, four and five below. So it makes it clear what paragraphs 41 /6-7 ica October 4, 2004 apply. And then sign format under D should be changed to C because the C comes out since it's under the DRI. And that is all. Thank you. CHAIRMAN STRAIN: Thank you, Marjorie. Is there any comments or questions of the commissioners? COMMISSIONER SCHIFFER: None. CHAIRMAN STRAIN: Is there a motion to recommend approval consistent with the growth management plan? COMMISSIONER MURRAY: So moved. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: 10.03.05 B. The motion was made by Commissioner Adelstein, seconded by Commissioner Murray. Any further discussion? Subject, of course, to the -- COMMISSIONER MURRAY: Growth management plan. CHAIRMAN STRAIN: -- growth management plan. All those in favor? COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Thank you, Marjorie. MS. STUDENT: Thank you. ** *CHAIRMAN STRAIN: Russell, what I'd like to do is 14 pages of issues here. We've gone through quite a few of them. In order to expedite the remainder, why don't we just ask per page if there's any questions from page 1 on through, and then vote per page and be done with it. Does that -- MR. WEBB: Sounds good to me. Patrick may want us to provide the section numbers, but -- CHAIRMAN STRAIN: Well, I would read the section numbers like I have, ask for a motion. MR. WEBB: Sure. CHAIRMAN STRAIN: If that simplifies it, it does for -- what do you think, Patrick? MR. WHITE: I'm very comfortable with that, Mr. Chairman. I just want to make sure that we include the definition for primary facade, if it's not on your list already. And although we didn't discuss those architectural standards, it was a separate motion, a separately identified matter on the summary sheet. CHAIRMAN STRAIN: Okay. So why don't we add that to the definition -- page 1 under definitions. What section would that be for? MR. WEBB: 1.08.01 is the new section number. I'm sorry, 1.08.02 is the definition. CHAIRMAN STRAIN: That's the definition for -- MR. WEBB: Primary facade. That's in the architectural standards definition. And -- CHAIRMAN STRAIN: Okay. Why don't we just blow through it. Is there any questions? Russ, now we're on pages 1 through 4. 42 l6 -z ica October 4, 2004 MR. SCHMITT: Page 1, Commissioner, all of those have already previously been approved. CHAIRMAN STRAIN: Yeah, we've done all the way up to -- MR. SCHMITT: Oh, I'm sorry. That's right. MR. WEBB: Yeah, and all the way up to section 2.0.3.05 at the top of page 3. All of those have been addressed. CHAIRMAN STRAIN: Okay. So we're starting on the mobile home overlay district on page 17. MR. WEBB: That is correct. CHAIRMAN STRAIN: Correct? COMMISSIONER SCHIFFER: Mark, when we did the definitions, the only one that we really wanted to come back and revisit was the primary facade. Do you want to -- CHAIRMAN STRAIN: We can do that right now -- COMMISSIONER SCHIFFER: Yeah. Then we can move on to definitions. COMMISSIONER MURRAY: What page, please? MR. WEBB: This should be on your handout that I gave you today. And if you don't have it, I think I have extras, but it's on page 2 of the architectural standards definitions. CHAIRMAN STRAIN: There's four definitions on there. The only one that wasn't previously approved was the one for primary facade? MR. WEBB: Right. That's the only one that's changed. CHAIRMAN STRAIN: Do you want to read that into the record, then we can vote on it? MR. WEBB: Sure. Primary facade, applicable to section 5.05, 5.08 only, a facade that is in public view and faces a public or private street. COMMISSIONER ADELSTEIN: I'll so move. COMMISSIONER SCHIFFER: And I'll second that. CHAIRMAN STRAIN: There's a motion to approve section 5.05, .08, finding it consistent with the growth management plan by -- COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: -- Commissioner Adelstein and seconded by Commissioner Schiffer. COMMISSIONER SCHIFFER: And found -- CHAIRMAN STRAIN: Any other discussion? (No response.) CHAIRMAN STRAIN: All those in favor? COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Okay. We're starting on page 17 then, Russ? MR. WEBB: That is correct. COMMISSIONER MURRAY: I have a question. CHAIRMAN STRAIN: Okay. Commissioner Murray? COMMISSIONER MURRAY: On page 18. The one question that poked for me is in little c, probably a little scroll from the bottom of the paragraph up to the fourth line, the third line, my question to 43 Afl� October 4, 2004 myself is, do we have replacement housing? I guess that's moot though in this -- in this context. But we're at -- we're going to give them violations, which is appropriate. And it was a question that poked to me that, are we in a position to do this? And I apologize. I will withdraw that question because I realize it's certainly not appropriate to passing this, but it was a question that I felt I needed to poke out. CHAIRMAN STRAIN: Okay. So that's a non - question then? COMMISSIONER MURRAY: That's a non - question, question, non - question. CHAIRMAN STRAIN: Are there any non- or questions? COMMISSIONER MURRAY: Thank you for your patience. COMMISSIONER SCHIFFER: I don't think so. CHAIRMAN STRAIN: You have no questions, Brad? COMMISSIONER SCHIFFER: I have no non - questions either. CHAIRMAN STRAIN: Russ, we're on page 19 then? MR. WEBB: Yes. Page -- the next amendment is page -- on page 19, section 2.03.08 A. COMMISSIONER ADELSTEIN: Okay. CHAIRMAN STRAIN: Any questions? (No response.) CHAIRMAN STRAIN: Page 21. MR. WEBB: Page 21, section 2.03.08 A.1. CHAIRMAN STRAIN: No questions. MR. WEBB: Next, page 23, section 2.03.08 A.3. CHAIRMAN STRAIN: No questions. Can I have a motion to recommend approval consistent with the growth management plan for sections 2.03.07 G, 2.03.08 A, 2.03.08 A.1, and 2.03.08 A.3? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER MURRAY: And I'll second. CHAIRMAN STRAIN: Moved by Commissioner Adelstein, seconded by Commissioner Murray. Any discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor? COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Motion carries without anybody against. Okay. Move on. MR. WEBB: Okay. Next amendment is on page 25, section 2.03.08 D. Next amendment, section 2.04.03 on page 27. Next, section 2.04.03 on page 31. CHAIRMAN STRAIN: Russ, I have a question about that one. MR. WEBB: Okay. CHAIRMAN STRAIN: It says 3221 was mistakenly listed as both permitted and conditional use, and 3231 was mistakenly listed as a conditional use. I may have looked at an unimproved version of the LDC, but I couldn't find 3231. And I think I .. October 4, 2004 typed it into Municode and didn't get a hit. Are we sure that it was in the existing LDC? COMMISSIONER MURRAY: Is that a non -issue issue? CHAIRMAN STRAIN: Well, that's one of those non - issues that could be an issue. MR. WHITE: I just closed my digital file on it. I'll do a word search for it. MR. WEBB: Yeah. But I'm quite sure that it was. I can't say with 100 percent certainty, but -- CHAIRMAN STRAIN: Okay. Well, I just -- again, I may not -- I know Municode's not up to date on the version they have there, so maybe it got in there and I missed it, so -- Are you back online, Pat? MR. WHITE: Momentarily. CHAIRMAN STRAIN: Okay. Why don't we move on to page 40. That's the next one, Russ. MR. WEBB: Right. COMMISSIONER MURRAY: There was one -- no. Okay. MR. WEBB: Did I hear we had a question or -- MR. SCHMITT: That one was approved, page -- MR. WEBB: Okay. The next one is on page 47,1 believe, 2.06.04. CHAIRMAN STRAIN: And I had some questions on that. On page 47 A, affordable housing and density bonus development talks about the agreement with the BCC and pursuant to the public hearing process established in this section prior to execution. I thought we did that already. Don't we currently have that agreement signed before? MR. WEBB: Yeah. This -- I forgot to point that out, and I apologize. This is just text that was omitted when we did the recodification, just bringing it over, so it's really not anything new. It's just a portion that was omitted. CHAIRMAN STRAIN: Okay. Then on page 49, do you see your numeral 10? MR. WEBB: Right. CHAIRMAN STRAIN: That was part, in the existing LDC, of number 9. You made it a new paragraph. And if you read 9, you'll see it flows into 10. Ten isn't supposed to be a separate paragraph according to the current code. And that means all your other numbers have got to be renumbered. MR. WEBB: Okay. I'll look into that as far as a formatting concern, but what I did was I cut, copied, and pasted it directly from the old LDC, but I'll look at that. CHAIRMAN STRAIN: I did, too. MR. WEBB: Okay. CHAIRMAN STRAIN: I found -- if you read the paragraphs, it doesn't make sense that 10 would be a stand -alone because it's an example of 9. It talks about it and it follows -- COMMISSIONER ADELSTEIN: It says, for example. CHAIRMAN STRAIN: Yeah. So, anyway, if you look at that. MR. WEBB: Okay. COMMISSIONER MURRAY: Commissioner Strain, and others, I just want to get something clarified for myself here. This was left out of it, and I've heard you say that this is already approved language, all of this; is that correct? Am I reading that correct? MR. WEBB: That's correct. COMMISSIONER MURRAY: Okay. Then the questions I have, where should I best direct them then, to Cormac for the next cycle, or whatever? MR. WEBB: Yeah. Cormac would be the individual that would be -- MR. MURRAY: Okay. Thank you very much. CHAIRMAN STRAIN: Russ, while you're looking at it, on page 52 under number 1, eligibility, see number 2, the developer? That's part of number 1, eligibility, and number 3 should be number 2, /6 z `ca October 4, 2004 because number 3 starts with an italicized application. It's the same thing I was just saying in the prior one. Those two got renumbered mistakenly. MR. WEBB: Well, I think I know what happened there. Since they're separate paragraphs, they were separate paragraphs under the old LDC. One of Gail's rules that she's given to us is that each paragraph, each separate paragraph should be numbered, so maybe that's -- I'm thinking maybe that's why I put the number in there. I know on some of the amendments that you've seen today, they have separate paragraphs and they're not numbered sequentially, and they will be when I finally put that language into the ordinance. But I believe that's probably why I inserted the numbers there. CHAIRMAN STRAIN: Okay. Well, then, are you going to put it back like it is since you're dragging it over with no changes, or are we going to change it? Because when you renumber those paragraphs and there's references in other parts of the code that reference those paragraphs, are those going to be off then? MR. WEBB: Yeah. I would probably have to ask Patrick about whether we're going to run into a legal concern about that. But I mean, I don't think that's -- would be construed, by any means, as a substantive change. And I think that the relettering and renumbering, that was included in the ordinance, 04 -41, that we could do that without it being determined as a substantive change. CHAIRMAN STRAIN: I wasn't saying it for that reason. MR. WEBB: Okay. CHAIRMAN STRAIN: I'm more concerned someone's going to come back and have a reference in another part of the code that doesn't reference the right paragraph because we're making that change. MR. WEBB: I see what you're saying. CHAIRMAN STRAIN: That's all I was -- that's -- MR. WEBB: Yeah. MR. WHITE: Those types of changes were within the scope of 04 -41. Certainly in this amendment we can fix it any way we need to. CHAIRMAN STRAIN: Okay. Well, if you'll look at those two -- MR. WEBB: Okay. CHAIRMAN STRAIN: -- and you'll do the right thing on that. Pat, did you find any reference to it online? MR. WHITE: I'm looking at our current published supplement 17, and it does not appear to be in the list. I also have a printout of what we would call the UDC in the final published form, and it's not in that list either, but -- CHAIRMAN STRAIN: So what does -- MR. WHITE: -- we were thinking that it might have been either a typo, but we're going to run it to ground and make sure that that is the desired SIC code, 3 23 1. CHAIRMAN STRAIN: So how should we handle that today? Because the statement made says it's in the former -- was in the former LDC, and obviously it's not now. MR. WHITE: I don't know that that's a preclusion against adding it today. I don't see why it would be. Remember, we're not acting today with any of the constraints we had about substantive changes with respect to the recodification. This is supplement one to the recodified LDC that we're working on. COMMISSIONER ADELSTEIN: They put it in as if it was a new one. MR. WHITE: Right. CHAIRMAN STRAIN: Right. COMMISSIONER ADELSTEIN: And we -- .e /6-7- Ica October 4, 2004 CHAIRMAN STRAIN: So for the benefit of everyone here, could you tell us what 3221 is? MR. WHITE: 3221 is one of the groups under stone, clay, glass and concrete products. I don't have the SIC code immediately available. I can try to pull it up on the Internet. CHAIRMAN STRAIN: I meant to bring mine and I didn't, sorry. As long as there's no concern on the part of the commission that it's being added to LDC or UDC, I'm not -- I remember reading it and it didn't seem unreasonable to me. COMMISSIONER SCHIFFER: Could you isolate again what is being added from this, because -- CHAIRMAN STRAIN: Page 31, I think page -- where are -- I think it's page 31. I've got so many pages. On page 31, it was actually 32 -31 that says, in our reason, 32 -31 was mistakenly listed as a conditional use. Both of these involve the same amount of intensity and should be permitted in the "I" district, and that's fine. I don't think there's a problem with it, but I didn't find that listed in the LDC, and that's the only reason I questioned it. MR. WEBB: Commissioner Strain, now that I -- now that I recollect this issue, I don't think this was a recodification error. I think when I used the term mistakenly listed -- which I guess that's the wrong terminology -- I think that Cheryl Soter and I sort of dealt with this one. It was an issue -- I guess from what we were trying to convey, that 32 -31 is a less intensive use so it should have been permitted in the "I" district in addition to the -- whatever district it is now, and -- but I'll confirm that with Cheryl for sure and let you know. But I don't -- I don't think it's a recodification issue. CHAIRMAN STRAIN: So do you want to add new use to the "I "? MR. WEBB: I believe so, now that I look at it. COMMISSIONER ADELSTEIN: That's the safe way. CHAIRMAN STRAIN: Yeah, that's fine. COMMISSIONER ADELSTEIN: You can't go wrong. CHAIRMAN STRAIN: And I'm not objecting to it. I just wanted to make sure the record was straight. Now with that, we've just covered two pages. Let me read the numbers so we can get a motion and be done with pages 4 and 5. We need a motion on section 2.03.08 D, section 2.04.03, section 2.04.03 again, section 2.06.04, all to be found plausible and consistent with the growth management plan. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: There's been a motion to approve. Is there a second? COMMISSIONER VIGLIOTTI: I'll second. CHAIRMAN STRAIN: Second by Commissioner Vigliotti. Any further discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying say. COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) 47 7�� Ica October 4, 2004 CHAIRMAN STRAIN: Nobody's opposed. Okay. We're on page 6 -- we're starting on page 57. Is that consistent with your finding, Russ? MR. WEBB: Yes, that's correct. Section 4.02.0.1 A. Questions? CHAIRMAN STRAIN: Yes, sir. MR. WEBB: Next on page 60, section 4.05.02 K.3. COMMISSIONER MURRAY: If you could clear something up for me. MR. WEBB: Okay. COMMISSIONER MURRAY: I have a little note to myself in congruity with a question mark. And I'm looking down at the bottom of the page, boy, that would be 3 A.1, see next page B.3. If you look at page 61, B.3, I have a little difficulty in understanding those two relationships. MR. WEBB: Okay. COMMISSIONER MURRAY: The permitted use of the proposed off -site parking lot are separated by a collector or arterial road. Now this is a parking exemption. And then, pedestrian safety if the lots are separated by -- I'm just having a hard time reading that, I guess. MR. WEBB: Yeah. And this really isn't an answer to your question, Commissioner Murray, but, I mean, something that I need to point out. This is language that was brought over, again, as a -- COMMISSIONER MURRAY: Okay. MR. WEBB: It was omitted from the recodification. To answer your question specifically, I really can't do so. COMMISSIONER MURRAY: Then I'll pass on it and get to it in another way. Thank you. CHAIRMAN STRAIN: Russ, on page 60, under your preamble where is says, LDC/UDC section MR. WEBB: Yes. CHAIRMAN STRAIN: Then it says the old LDC section 2.3.4.11.2, and under the bottom of the page, amend the UDC/LDC as follows. Your reference to the LDC section there is 2.3.11.4.2, so you just need the change to be consistent. MR. WEBB: Thank you. COMMISSIONER SCHIFFER: Russ, could you do me a favor? Do you know what -- happen to know what page that was on the August meeting's package? CHAIRMAN STRAIN: The one we're looking at now is on page 60. COMMISSIONER SCHIFFER: Page 60 of the September meeting package. CHAIRMAN STRAIN: I'm sorry. Yeah. COMMISSIONER SCHIFFER: I'm looking on the -- when the August one comes outs, we do our reviews. You've got to sit here and page through three of these to figure out where you are. MR. WEBB: Yeah. I don't know the answer to that off the top of my head. COMMISSIONER SCHIFFER: Are you sure it was in there or -- MR. WEBB: I believe it was in there, yeah. CHAIRMAN STRAIN: Brad, there's some extra packages. COMMISSIONER SCHIFFER: Oh, that's all I need is another one. I'm sitting here going through three of them to figure out where I am now. Let's get a fourth one, but -- okay. Let me -- Russ, is there a way you could present this stuff so that the numbers don't change with each package, because here's really what I -- I mean, I'm sitting here now, seriously, flipping through two of them to figure out -- and you punish those people that do their homework early. The secret, I guess, is to wait till the night before, then you don't have this problem, but -- MR. WEBB: Concern is understood. But the only way that I could probably ensure that would be ED /6 7- IC- October 4, 2004 to ensure that I get everything in a timely fashion and be able to get everything to you in a timely fashion. Unfortunately, this is not -- in a utopian society that would be how it would be done. COMMISSIONER SCHIFFER: I think seriously you could do something, because here's another problem, is you're really duplicating the things that haven't changed. So maybe if you just come up with a different way to number it or something so that you only give us things that change, because even though I'm going through three packages here, sometimes I'm going through three things that are the same, and somewhere there's a fourth suffering in the back, so -- CHAIRMAN STRAIN: You know, there's another way to look at it. You think it's worse for us to review it. Actually it's worse for staff, because we review it three times instead of just once. You've got to reread it every time you get it. COMMISSIONER SCHIFFER: Well, I review it once, and then I play this silly game of seeing if anything's changed when the new one comes out, but -- anyway. MR. WHITE: Perhaps there will be a day very soon in the future where you can do some of this stuff off your screens, and if you've made those kinds of notes internal to your documents, your files, you can pull them up on your screen, and you'll have it there, no matter which version you've entered them in from. COMMISSIONER SCHIFFER: Unless he changes the page numbers, then -- COMMISSIONER MURRAY: That is the case. I've tried that unsuccessfully. CHAIRMAN STRAIN: Let's go on with the matter at hand, gentlemen, so we can get done here tonight, because everybody could voice their concern for hours. We just finished page 6. And the next page would be all the way forward to page 9, so let's just finish up a vote on page 6 and be past it. We looked at section 4.02.01 A, and 4.05.02 K.3. Is there a motion? COMMISSIONER ADELSTEIN: So move. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Pm assuming those are to be found consistent with the growth management plan? COMMISSIONER MURRAY: Yes. COMMISSIONER ADELSTEIN: And the second. CHAIRMAN STRAIN: Motion's been made and seconded. Any discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor, signify by saying aye. COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: No one's opposed. Russ, I believe we're on page 9. If Pm not mistaken, the rest have been completed. It's number -- page 91. MR. WEBB: I believe -- yeah, I believe that's correct. /d -7- Aca October 4, 2004 COMMISSIONER ADELSTEIN: Good. MR. WHITE: If it would be appropriate to interject now, Mr. Chairman, I'd just put on the record that 32 -31 is the SIC code, is glass products made of purchased glass. There's quite an extensive list, but we give you an example, aquariums, reflectors made from purchased glass, Tru -guard made from purchased glass, glass sheets bent from purchased glass, things along those lines. CHAIRMAN STRAIN: Huge demand for that in Collier County. MR. WHITE: Yes. CHAIRMAN STRAIN: Okay, Russ. MR. WEBB: Yes. CHAIRMAN STRAIN: 91 then, right? MR. WEBB: As you pointed out correctly, section 4.07.01 B, on page 91. And this also was a recodification cleanup. CHAIRMAN STRAIN: No questions? (No response.) CHAIRMAN STRAIN: Next one is page 132? MR. WEBB: Yes. Excuse me. Section 5.06.00 on page 132, sign code. If there are no questions, section 6.01.01 on page 163. Section -- CHAIRMAN STRAIN: Before you go past. MR. WEBB: Okay. CHAIRMAN STRAIN: The fiscal and operational impacts just -- and this is probably in response to something that was brought up earlier. It says, there will be a cost to the developer, although this cost will most likely vary with the development. So when you talk about fiscal operational impacts, you're not only talking about the impacts to the county, you're talking about the development impacts as well? MR. WEBB: That's my understanding of our analysis of fiscal impact. If I'm mistaken, anyone here feel free to correct me -- Joe, Susan -- but I mean, that's my understanding, that we do an analysis on both ends. CHAIRMAN STRAIN: Because I haven't seen that very much. Then now that you reference it isn't here, it hasn't been there, so -- MR. SCHMITT: All that was meant to do is to identify that those costs are most likely going to be costs, as most of these changes are, that are going to be passed off to the consumer regardless, so -- but this was a requirement -- and this is not an answer to any of the recent events. This was planned long before this, and this was to require some of the feeder lines in the PUDs to also be buried. CHAIRMAN STRAIN: Good move. I just wanted to make sure I understood it. No questions? (No response.) CHAIRMAN STRAIN: Move on, Russ. Page 165 is next. MR. WEBB: Yes. Next section, 8.06.03, page 165. Section 9.02.00, and that's a handout that I provided you today, so it's not in the LDC packet. CHAIRMAN STRAIN: Russ, Let me take a minute to get that one. I notice it was written by us, so we've got to make sure we review it. MR. WEBB: And this was also provided at the last meeting. Just wanted to provide it in addition MR. SCHMITT: Patrick can certainly explain this, but this is language that brings up some issues that involved investment rights. MR. WHITE: Just briefly, the piece that is pertaining to vested rights largely reinvigorates what we had previously in the LDC as division 1.7. The only problem with those provisions was that they were only 50 /6-7 /C'c,3 October 4, 2004 effective for one year after November 13th, 1991. They did not contemplate and weren't applicable to subsequent amendments of the LDC. So if you wanted to argue that you had something that was vested against a later enacted provision of the LDC, the only way to do so would be arguably under a Bert Harris claim, which has the same one -year time limit on it. What this provision does is update that regulation to allow anyone who claims vested rights with respect to any subsequently enacted amendments to the LDC to bring those forward within one year, and also adds in the taking's provisions. Now, those are intended to afford the board and the property owner an opportunity to look at what property rights the property owner may claim and what -- the concerns that property owner may have with respect to the government's taking of their property. It specifically excludes those matters pertaining to eminent domain, however. It is modeled largely after the provisions that are in use in other jurisdictions. And, in fact, specifically Pinellas County. It gives a public hearing forum to those property owners who are intending to file some claim of taking. And as I've mentioned, it is an attempt to afford the local government the opportunity to work out those differences prior to any litigation being filed. CHAIRMAN STRAIN: Have we received this document before tonight? MR. WHITE: Yes. COMMISSIONER MURRAY: It was on -- MR. WHITE: That is exactly what Russell told you we handed out the last time. CHAIRMAN STRAIN: I notice it's not numerically numbered, so -- MR. WEBB: Yeah. It wasn't in the original packet, but you did receive it last time. COMMISSIONER SCHIFFER: Patrick, does this have any effect on the LDC/UDC /LDC transition? Remember we have -- MR. WHITE: No. It doesn't change the provisions that were enacted by ordinance. COMMISSIONER SCHIFFER: Okay. MR. WHITE: They're part of ordinance 04 -41, with respect to unintended consequences. COMMISSIONER SCHIFFER: Okay. MR. WHITE: That still remains vital. So -- the only other piece in rights that we kind of brought up to snuff is a further detailing of the ways in which those vested rights could be demonstrated by making a cross - reference to provisions that exist in chapter 106 of the code of laws where there are and have been those, I guess, evidentiary standards for vested rights long in existence, although not used any time recently because they -- those pertain to the days in which the zoning reevaluation ordinance was being applied, and all of the zoning reevaluations were performed throughout the county. But the rules of establishing vested rights haven't changed. CHAIRMAN STRAIN: Okay. Are there any questions of -- anybody want to challenge Mr. White on this issue? MR. WHITE: I don't consider it a challenge. We're here to answer any concerns you believe are appropriate on the part of either the commissioners or the citizens. CHAIRMAN STRAIN: I, for one, would need a lot more training to talk about that issue. So with that, I guess, Russ, we're onto page 167. MR. WEBB: Correct, section 9.03.01 E. Next, section 10.02.02 A.9 and also 10.02.13 E. And these are just changing the Environmental Advisory Board to the EAC, which is now the proper body. Next section, 10.02.02 F.5. CHAIRMAN STRAIN: Russ, on that one, there are a lot of references to planning services director 51 6 7- !C2 October 4, 2004 and things like that. I'm assuming you're going to change those to the county manager designee? MR. WEBB: Yes, I will. CHAIRMAN STRAIN: And on the top of page 171, you've referenced property located within 300 feet of the property lines of the land in which interruption -- interpretation is effective. Is it still 300 feet? Didn't we look at -- is it still 300? It is still 300. Okay. MS. MURRAY: It's still 300. COMMISSIONER ABERNATHY: Let me go back to the EAC for a moment. Has anybody given any consideration to changing the modus operandi of the EAC so if a majority of the members are there, it's a quorum, and if a majority of the quorum takes a position, then that's the position of the EAC? It seems to me it's sort of hamstrung the way it is. They never have a quorum because of the -- whatever that requirement is, and when they don't, it can be 5 -1, but it's not a position because -- MR. WHITE: If it's 5 -1 it is official action. COMMISSIONER ABERNATHY: All right. 4 -1 or 3 -1 -- MR. WHITE: Right. COMMISSIONER ABERNATHY: --it's not. MR. WHITE: It's only when the number voting in favor of the motion is less than five that it's not considered to be official action. But to answer your initial question, not this round but certainly at least one or two back, we raised that question. With this commission's support, certainly we'd be willing to bring that forward to the EAC and to the Board of County Commissioners, if that's your desire. COMMISSIONER ABERNATHY: The parallel to our situation, if five of us are here, then 3 -2 is a position, legitimate position. MR. WHITE: I believe that the board has always been informed by staff of what those votes were, regardless of whether they were, quote, official or not. I've never truly understood the distinction. COMMISSIONER ABERNATHY: They've always made that distinction. I think it goes back to the days when the then county commission was very anti - environmental and this was a way of sort of having a board but at the same time hamstringing it. That's my own recollection of those events, but -- MR. WHITE: Because both the CCPC's and the EAC's votes, whether EAC's is official or not, are recommendations, not final action -- COMMISSIONER ABERNATHY: That's right. MR. WHITE: -- I think the board has given them weight. The difference here, if I understand the genesis for the distinction, was that they would have to arguably give lesser weight if it were not official action. COMMISSIONER ABERNATHY: And that's -- MR. WHITE: But I still don't see legally that that's a decision, but it's a policy choice ultimately, and certainly one that, if this body chooses to make a recommendation, like I said, we'll get it in front of the EAC and ultimately the BCC. COMMISSIONER ABERNATHY: I think it's demeaning to the members, among other things, that they show up and listen to something half a day, and yet because some people didn't show up, they have a non - recommendation. CHAIRMAN STRAIN: I don't see what it would hurt to look into it as a recommendation. I'm not sure -- does anybody object to that? COMMISSIONER ADELSTEIN: No. CHAIRMAN STRAIN: I mean, that's just -- so staff can move forward and -- MR. WHITE: Yes. I guess we'll drop that one in Joe's lap. CHAIRMAN STRAIN: Russ, before you go on to the next section, if there's no more questions 52 16z /ca October 4, 2004 about the -- COMMISSIONER SCHIFFER: Yeah. Russ, on page 171, or anybody, it states that there's a time limit on an appeal. If an appeal has not been acted upon with six months, it doesn't -- I mean, does it state whether -- could the staff just sit on it for six months, or what does that really mean? It says, any appeal that's not been acted upon in six months of the applicant filing the appeal is determined to be withdrawn. So in other words, is the intent there that the applicant -- okay. MR. WHITE: There are circumstances where we may ask for clarification where we may not even, in fact, receive any grounds substantiating the request. I'm trying to recall whether the provision that you're talking about is specifically after the notice of appeal's been filed. COMMISSIONER SCHIFFER: I mean, it's on page 171 at the bottom. It's the only new -- really new text of this area. Then maybe should you say, if it hasn't been acted upon by the applicant? MR. WEBB: Yeah. COMMISSIONER SCHIFFER: So the staff could throw it away, and then if nobody remembers it in six months, it's -- MR. WEBB: I think that would be an appropriate addition, and I'd look to Susan to see if she has -- MS. MURRAY: I don't have any objection to that. COMMISSIONER SCHIFFER: That's the intent is if the applicant was stale on it, in six months it's gone. MS. MURRAY: It doesn't normally happen that way, but no problem to add that for clarification. MR. WHITE: I think ultimately what has happened is that the staff -- nothing against them -- have just felt uncomfortable in a circumstance where they may not have adequate information in the initial filing and have given an opportunity to an appellant to provide additional information, just has not done so. But I think there's always been the ability for the county to, you might say, bring it forward and end up in the circumstance in front of the Board of Zoning Appeals that we had in the Pelican Bay case where, because there was an absence of information timely filed within that 30 days, we could put the BZA through the motions of dismissing the appeal. And what this, I think, is intended to do is to administratively make clear to any appellant that you not only have to get it all in within the 30 -day time frame, if the staff ultimately determine that what you've presented is truly insufficient and asked for some supplement, that if there is no response within the six months, it will be administratively dismissed. COMMISSIONER SCHIFFER: I like it, it's just, I want to make it clear that it's the applicant -- CHAIRMAN STRAIN: Would you provide -- would you read the recommended language that you think should be in there so I understand what -- COMMISSIONER SCHIFFER: I'm saying that any appeal that has not been acted upon by the applicant within six months of the applicant filing for the appeal. CHAIRMAN STRAIN: Okay. Well, what -- so if the applicant submits something and he doesn't do anything with it for six months, why would he be the first to do something with it? MS. MURRAY: Well, let me explain really where this came from. We'll get appeals filed within the 30 -day time frame, and then we'll go to schedule -- because there really isn't a whole lot of staff work in addition to the work that's already been done through the interpretation. I mean, we write the executive summary, we review the application, we make sure it's sufficient, make sure they met the time frame, we do the advertising, all that. But what we've found is that the applicants will submit the request for appeal within the 30 days, and then they'll ask us to sit on it. And Pve had stuff three years old now. And really, through the official interpretation process, there's supposed to be an amendment to the code. So I guess my point is, things can kind of change after a while, and things are no longer relevant, and 53 4 -7 /CC-,? October 4, 2004 I have no legal way of getting rid of the -- an appeal that may not be timely anymore. CHAIRMAN STRAIN: When you get a request, do you respond to it within the first 30 days to tell them you've received the request or acknowledge its receipt in any manner? MS. MURRAY: For the appeals, yeah. We review it. But normally the review is kind of done through -- after the 30 -day period, so -- CHAIRMAN STRAIN: I'm just trying to find out some way to make a sentence a little clearer. Any appeal that has not been acted upon by the applicant within six months of the applicant filing the appeal. COMMISSIONER SCHIFFER: That's not right. CHAIRMAN STRAIN: It seems like the applicant's got to make all the -- do everything. It doesn't say where you're going to -- he's going to file something and you're going to ask him for something more, and if he doesn't respond within six months, then it's over with. MS. MURRAY: Well, it's kind of a thin line to walk because they have to technically have all of the relevant information in within the 30 days, and that's all we consider. MR. WHITE: And I think Susan's point about any request to delay it beyond six months will, under this provision, lead to a dismissal and a denial, I guess, administratively, of the relief sought and require them to reapply. It's intended to be an expeditious route for appeal. I mean, the notion is that you have either some facts or a pending application with facts that's going to apply to either an existing rule or a proposed rule. And if you're not going to go ahead and have that determined, the point -- the point is that it would be affecting an ongoing or proposed project. So it seems somehow unfair to put the county in the position of having to somehow come to a resolution but then be told, well, not just yet, and then to let it linger and languish for any unknown period of time. Here if there's no action taken to put it to hearing within six months based upon the applicant's desires -- and perhaps we could restate it more clearly to reflect that -- then the intention is that the appeal would be considered waived and withdrawn. CHAIRMAN STRAIN: Commissioner Adelstein? COMMISSIONER ADELSTEIN: If you -- if I turned in an application for review and I didn't hear anything from your department, I would assume you're working on it. If six months goes by and nobody's said anything to me, you can dismiss it. How do I ever know when to start it? MR. WHITE: None of the factual circumstances we're describing are ones where we have not been advised by the appellants -- COMMISSIONER ADELSTEIN: I just heard that. We asked -- that was -- the question you were asked was, did you notify them that you received it and were not -- and that you needed something else? The answer I got was no. MR. WHITE: No. And that's because the factual circumstance where this would be applicable is one where the appellant themselves would send in a communication requesting a delay in the processing, not one where we would have notified them that they somehow were necessarily deficient. MR. SCHMITT: Just for clarification. Understand the appeal is the appeal of the zoning director. The zoning director made the decision. They disagree with that, then they appeal. The next appellant body then goes to the Board of Zoning Appeals, and that's so it's a public hearing for the BZA. COMMISSIONER ADELSTEIN: They sent their file in. MR. SCHMITT: Yes. COMMISSIONER ADELSTEIN: Now, they've done nothing else, but nobody else has said anything to them. 54 !�z 1 (f a October 4, 2004 MR. SCHMITT: No. What we're saying is that we -- they appeal. COMMISSIONER ADELSTEIN: Right. MR. SCHMITT: We ask then, okay, fine, provide you -- provide the additional information or whatever -- MS. MURRAY: Well, they have to file a notice of appeal. What they choose to submit is up to them. MR. SCHMITT: Yes. MS. MURRAY: I mean, we don't have an outline of everything you have to submit other than the notice to appeal and the appropriate fee. What we've run into is, in the case of Cap, was that they provided additional information after the 30 days and wanted it to be -- I mean, that was like the meat of the issue, and wanted it to be considered under the appeal. And maybe Patrick can explain it a little bit better, but I think that was the one reason it was -- COMMISSIONER ADELSTEIN: Well, why are you waiting six months? Why not after 31 days, let it dismiss? I mean, you're just going on with a situation. I've filed an appeal, I've given you the information I thought you needed. Nothing else has come up, and in six months you dismiss it. MR. WHITE: I can assure you, I have no objection to anybody who has not timely filed a full and complete appellant package, having it dismissed. Now, who's going to determine whether it's sufficient or not? COMMISSIONER ADELSTEIN: That's the whole point. And if you're not telling me that what I sent you is not sufficient, I assume it is sufficient. MR. WHITE: You're -- I'm not going to ever advise the staff that some appellant's package is legally insufficient or sufficient. All I'm going to do is, if someone asks for an extension of time, tell the staff that after some period of time we should be able to administratively, by rule, consider it dismissed. That's what the intent of this provision is. And I will also tell you that we know that any number of hearing procedures with respect to appeals need to be revisited. And the intention has been to allow the administrative code provisions to come online to create more of a unified type of a hearing process so that you could, wherever there's an appeal process, pinpoint it to the administrative code for the rules to follow. I know we have some of those things set forth by resolution that Commissioner Strain made reference to in our last meeting. But, again, there's not a close tie between those provisions and many of these appeals. It's an area of regulation that the county is not as detailed and sophisticated as we could be, but we will. It's just a question of which things do we recommend -- need to do first. COMMISSIONER ADELSTEIN: I've filed enough appeals to say to you that once I've issued the appeal, the court can turn around, or the committee could turn around and say it isn't sufficient, we need more information. But if they don't come back and say anything to me, all I'm waiting for is a trial date. And in your situation, you're saying, silence is good enough. And I'm saying silence is never good enough. MR. WHITE: I think all we're going to do in the future is acknowledge by letter that we've received it. And I don't know that we'll even make a determination of whether we consider to be timely or not. We will just state the date that it was received. COMMISSIONER ADELSTEIN: And now you say nothing more? MR. WHITE: I would advise the staff not to say anything more. COMMISSIONER ADELSTEIN: Then why wouldn't I assume that I'm going to get a hearing date? MR. WHITE: I again repeat that the provision that you're looking at today was intended to address 55 ,6 -7 i ca October 4, 2004 the circumstance where there'd been a request to delay what otherwise would have been the normal processing and scheduling for hearing before the Board of Zoning Appeals of that appeal. That's what it's intended to do. CHAIRMAN STRAIN: Well, then why don't -- why don't we leave it this way, because this is a legal issue that I'm sure you two attorneys could argue about that at quite length. COMMISSIONER ADELSTEIN: Forever. CHAIRMAN STRAIN: So, Patrick, you know, there seems to be a confusion about this paragraph, and maybe a suggestion that it get -- you do the best to clarify it between now and the time it goes to the next level. MR. WHITE: Very good. CHAIRMAN STRAIN: That would work for me. Does it work for the rest of you? I don't know how I can do better here today or tonight. And with that, Russ, let's take the few that we've done and get past. We're down to the last few pages. Ms. Court Reporter, I think we could probably finish up by six o'clock, if you can hang in there, okay? MR. WEBB: All right. CHAIRMAN STRAIN: Let me go through the ones we've -- the last three pages and be done with those. I'm looking for a motion on section 4.7.01 B, section 5.06.00, section 6.01.01, section 8.06.03, section 9.02.00, section 9.03.01, section 10.02.02 A.9, section 10.02.13 E, section 10.02.02 F.5. COMMISSIONER ADELSTEIN: I'll so move. CHAIRMAN STRAIN: Moved by Commissioner Adelstein, seconded by Commissioner Murray. He had his hand up first. rm assuming then that's going to be moved with -- consistent with the growth management plan. COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: Are there any discussions on any of those points? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor, signify by saying aye. COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: No one's opposed. Then Russ, we can move on to page 172, I would assume. MR. WEBB: Correct, section 10.02.04 A.1. Next section, 10.02.04 B.3.E on page 174. CHAIRMAN STRAIN: I just thought it's neat. I haven't seen this too many times, but the name of the document that is currently used is archaic. COMMISSIONER MURRAY: I love it. CHAIRMAN STRAIN: You guys are normally a little more subtle in your comments, but -- COMMISSIONER MURRAY: The code of Amorado. CHAIRMAN STRAIN: We wouldn't dare disagree with that statement. 56 /6 z Ica October 4, 2004 MR. WHITE: You'll note who the author is. MR. WEBB: Thanks, Patrick. The next one is 10.02.05 B on page 176. Next is 10.02.05 C on page 180. Next is 10.02.05 F on page 182. CHAIRMAN STRAIN: Russ? MR. WEBB: And I want to clarify in this. I think earlier I -- maybe this isn't the one, but I think earlier I may have mentioned something about there only being a definitional change, but -- to one of your questions, Commissioner Murray, was that -- was that for the mobile home or was that another one? COMMISSIONER MURRAY: That was another one. MR. WEBB: But in any event -- did you have a question? CHAIRMAN STRAIN: Is this something that was taken out of -- was missed in the rewrite of the UDC, is that all this is? MR. WEBB: Yes. Yes, it is. CHAIRMAN STRAIN: And that's all this language; there's no new language in there? MR. WEBB: That is correct. The next one that we haven't dealt with, I believe, is section 10.02.13 J through L on page 190, also provisions that were omitted, now being re- added. COMMISSIONER ADELSTEIN: Okay. MR. WEBB: Next is appendix A on page 201. Next is appendix C on page 223. Final amendment is appendix H on page 233. COMMISSIONER ADELSTEIN: 233. COMMISSIONER MURRAY: 233? MR. WEBB: Correct. I believe that's it. CHAIRMAN STRAIN: Okay. I just want to make sure I didn't have anything. I found my vesting document. There are some tabs there, but I can -- but I'll talk to those probably with the attorney another time, if he'll read me through it. So based on the last pages, we're looking for a motion on section 10.02.04 A.1, 10.02.04 B.3.E., 10.02.05 B, 10.02.05 C, 10.02.05 F, 10.02.13 J, appendix A, appendix C, and appendix H. COMMISSIONER ADELSTEIN: So moved. CHAIRMAN STRAIN: I then moved a motion to approve consistent with the growth management plan? COMMISSIONER ADELSTEIN: Sufficient, yes. COMMISSIONER SCHIFFER: And a second. CHAIRMAN STRAIN: Moved by Commissioner Adelstein, seconded by Commissioner Schiffer. Any discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor? COMMISSIONER MURRAY: Aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? 57 /� z Ica October 4, 2004 (No response.) CHAIRMAN STRAIN: Motions are all complete, and I believe that wraps up everything we had to do today. COMMISSIONER ADELSTEIN: Well, where is this form LDC 1.13, legal hearing officer? Is that in this packet? MR. WEBB: I'm not sure which one you're referring to. Could you repeat that? COMMISSIONER ADELSTEIN: The hearing examiner. MR. WEBB: Vested rights? COMMISSIONER ADELSTEIN: The LDC 1.7, UDC, 9.02.00. MR. WEBB: Yeah. That's the vested rights provisions that we talked about earlier. COMMISSIONER ADELSTEIN: That's where that one came in? MR. WEBB: Yeah. CHAIRMAN STRAIN: That's the hearing examiner for vested rights issues. COMMISSIONER ADELSTEIN: Right. I know what that is. MR. WEBB: Correct. CHAIRMAN STRAIN: Well, we wouldn't think of replacing those. COMMISSIONER ADELSTEIN: Well, no, this is not -- I know that. That's not the point. It was given to me as a separate entity. MR. WEBB: Right. COMMISSIONER ADELSTEIN: I just want to make sure that that's what we were discussing. CHAIRMAN STRAIN: And I did find my copy of that with my tabs. Okay. If there's no other -- COMMISSIONER SCHIFFER: Question -- CHAIRMAN STRAIN: -- business, Russ, we're done? COMMISSIONER SCHIFFER: I have a question for Russ, real quick. MR. WEBB: Sure. COMMISSIONER SCHIFFER: Russ, you emailed us something that shows administrative code and then a construction code. MR. WEBB: Right. COMMISSIONER SCHIFFER: So just to understand, what we're going to have when this whole process of UDC is done, we'll have the LDC, we'll have an administrative code, and then we'll have a construction code? COMMISSIONER VIGLIOTTI: Negative. MR. WEBB: I'll get it -- go ahead, Patrick. MR. WHITE: I was going to kind of bring this up under updates, I guess. But you're going to have the code of laws and ordinances, okay, sometimes lovingly called the big fat code book. COMMISSIONER SCHIFFER: Okay. MR. WHITE: You'll have the land development code, the LDC, both of which will be supported by the administrative code, okay. In other words, you could have provisions in the code of laws or provisions in the LDC that are specifically implemented in the administrative code. That administrative code is envisioned to include and provide a structure for all of those types of things that are administrative procedures in nature, and it is intended to create, effectively, an umbrella for all of them and a structure for all of them to be identified under so that you can find them. There may be cross - references out of the administrative code to, for example, a construction code that may be implemented as part of either the code of laws, say, for example, dealing with utilities. W October 4, 2004 The notion is to allow the administrative code to grow over time to take more and more of those things that are set out separately in each of the divisions or, perhaps, set out separately in various chapters of the code of laws and get them under that same structure. All we're looking to have the board do next Tuesday is to create a process for the administrative code as a code itself, not any of the rules of its operation. In fact, what we're looking at is creating a provision in the code of laws that says how the administrative code will specifically operate is, indeed, something that the administrative code itself should state. Now, I can tell you that I've taken the time to sit down and write what I'm calling kind of the operating guidelines for that administrative code, but it is something that still has to be vetted through the other divisions. I think that community development is very comfortable with what we're talking about. I believe some of the folks in utilities are very comfortable. I've gotten the sense from transportation. But it's something that's new in terms of its structure, and it's not intending to replace anything, but rather to provide a home for all of the things that are out there so that when, ultimately, hopefully in the next two weeks, we have the code of laws on everybody's desktop that's an employee, along with the land development code on their desktop in a digital format, once we've created the structure and have some greater substance to the administrative code, it, likewise, will be on the desk tops. And all of those things will be able to be word searched so that if you have SIC code 32 -31 and you want to find it, you can find it very quickly. If you want to know what the procedure is for something, you can look effectively in the table of contents of the administrative code and know where to find some other source document so that you don't have to be, effectively, an expert agent in the area of utilities in order to know what the standards are. You'd be able to go to the administrative code, find them, and even if you'd have to cross - reference to some other document, you'd know where to find them. That's what the whole point of it is. Arguably you could bring in purchasing policies, human resources policies, all of those things that could be cross - referenced out of or, ultimately, if the desire of the staff is to do so, incorporate it in as part of the form of the administrative code. So it's just a way to make all of those things that have been spread out -- and everybody knows if you're an expert in that area of operation, where those rules are and what the current regulations are. This makes it possible for everyone to know that and to know it regardless of your degree of familiarity. COMMISSIONER SCHIFFER: Quick question. The construction code, where would that fall then? I mean, that's items that were taken out of land development code that, it needed a place to land or -- MR. WHITE: No. It specifically is going to be included as part of the administrative code. COMMISSIONER SCHIFFER: Okay. MR. WHITE: So it will not be some separate cross - reference. It would be in the format of the administrative code, and all of that structure first has to be created. But what we're going to have the board do next Tuesday, hopefully, with their approval, is to adopt that administrative code, the idea of it and the means to create it, and to specifically bring forward those two remaining pieces of regulation, one pertaining to the fee resolutions, and the other one pertaining to what used to be part of, I think, 3. -- division 3.2, sometimes called construction code. I think where that term came from, construction standards manual, was appendix H. COMMISSIONER SCHIFFER: Right. MR. WHITE: When we created the conversion from LDC to UDC, we weren't sure at that point whether we were going to have the assent from the other divisions as to the idea of an administrative code, so we needed to give it some name that was slightly different. In fact, probably no one would know it by those words. It is effectively just some piece of division 3.2 that's going to be incorporated into the 59 / �,z Icz October 4, 2004 administrative code. COMMISSIONER SCHIFFER: And it is all site construction, correct? MR. WHITE: Yes. COMMISSIONER SCHIFFER: I think that would be a -- MR. WHITE: You remember Article III was all site planning matters in the land development code. COMMISSIONER SCHIFFER: Just so it doesn't get confused with other codes, could you name it site construction code instead of construction code? MR. WHITE: I have no objection to that suggestion. And, in fact, I think the idea of the whole administrative code is to kind of create those distinctions in useful names, because I'm sure that there are construction codes probably in every division. COMMISSIONER SCHIFFER: Right. MR. WHITE: So the idea -- COMMISSIONER ADELSTEIN: Names instead of letters. MR. WHITE: You don't like letters? COMMISSIONER ADELSTEIN: No. Just the names. COMMISSIONER SCHIFFER: Yeah, the letters. MR. WHITE: You've got to remember in the digital environment, retyping everybody's name takes more keystrokes, so -- COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: Unless there's further business, we'll consider this meeting adjourned. Good job. MR. WHITE: There was one other thing I wanted to share with you -all, if I could just take another minute of your time. Just today we received the LDC's version of what will be published as the use tables, and I don't know if the -- we can get the camera on this, if it will work very well, but they're called fold -out pages, and what they're intended to do is, because they're very large tables and we don't want to use very small letters and numbers and make it very difficult to read, they're going to have fold -outs. And so we don't know any other way to do it. This is municipal code's solution not only for our jurisdiction, but for those others that have used these types of tables successfully, and so I just wanted to share with you that you'll have the opportunity to be able to fold out pages in your new LDC. Of course, the digital version will be able to read right off the screen. COMMISSIONER SCHIFFER: That was my question, concern. Digitally, if you went to print it out, what would happen? COMMISSIONER MURRAY: That would be a problem. MR. WHITE: It may not format the way you'd like to, but you'd be able to search pieces of it. CHAIRMAN STRAIN: Okay. Thank you. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:41 p.m. COLLIER COUNTY PLANNING COMMISSION •1 /6 z ica October 4, 2004 Russell A. Budd, Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. 61 I j /42 ICA Fiala Halas Henning Coyle NSCRIPT OF THE REGULAR MEETING OF THE Colette iF COLLIER COUNTY PLANNING COMMISSION Naples, Florida October 7, 2004 October 75 2004 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION at the Collier County Community Development & Environmental Services Building, Suites 609/610 at 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Russell Budd Lindy Adelstein Paul Midney Brad Schiffer Mark Strain Robert Vigliotti Donna Caron Kenneth Abernathy ALSO PRESENT: Marjorie Student, Assistant County Attorney Patrick White, Assistant County Attorney David Weeks, Chief Planner Raymond Bellows, Chief Planner Glenn Heath, Principal Planner Jean Jourdan, Senior Planner Page 1 /� Z l Cz, October 7, 2004 CHAIRMAN BUDD: Everybody take their seats. We're going to come to order. The first order of business for this meeting of the Collier County Planning Commission. If you would please rise and say the pledge of allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN BUDD: Good morning. I would like to ask everybody to be particularly sensitive to any noise or background conversation. We don't have our normal microphones so it's going to make it a little more difficult for people to be heard. So could the speakers please speak up or the audience please make every effort to be quiet. If you have any conversations, please take them in the hall outside so that we can proceed. There are sign -up slips over here on this side next to Ray Bellows. MR. BELLOWS: Or the tablet. CHAIRMAN BUDD: Or the tablet. There is a sign -up tablet. So if you wish to speak on any item, please go over there, sign your name up, turn it in to Mr. Bellows and you'll be recognized at the appropriate time for each petition. We will begin with our roll call. Our new commissioner, Ms. Caron. MS. CARON: Present. CHAIRMAN BUDD: Mr. Vighotti. MR. VIGLIOTTI: Present. CHAIRMAN BUDD: Mr. Abernathy. MR. ABERNATHY: Here. CHAIRMAN BUDD: Mr. Strain. MR. STRAIN: By the way, she's not new. But I'm here. CHAIRMAN BUDD: That's true. MR. STRAIN: She was here last meeting. CHAIRMAN BUDD: That's true. I wasn't. You were me. Budd is here. Mr. Adelstein. MR. ADELSTEIN: Here. CHAIRMAN BUDD: Mr. Midney is absent. Mr. Schiffer. MR. SCHIFFER: Here. CHAIRMAN BUDD: And Mr. Murray is absent. Any addenda to the agenda for today's meeting? MR. ADELSTEIN: Mr. Chairman, I think it is important that we first have an election of officers because we're hearing without them. CHAIRMAN BUDD: Okay. Our terms are expired. Okay. We'll make that the first item of business. Any other addendas to the agenda this morning? (No response.) CHAIRMAN BUDD: There are none. All those -- motion by Mr. Adelstein. We got a second? MR. STRAIN: I'll second. CHAIRMAN BUDD: Second by Mr. Strain. All those in favor of the amended agenda say aye. Page 2 1 - /(f,� October 7, 2004 MS. CARON: Aye. MR. VIGLIOTTI: Aye. MR. ABERNATHY: Aye. MR. STRAIN: Aye. MR. ADELSTEIN: Aye. MR. SCHIFFER: Aye. CHAIRMAN BUDD: Aye. Those opposed? (No response.) CHAIRMAN BUDD: Very good. Any announced absences in the upcoming weeks? None that we're aware of Good. Approval of minutes from the August 19th minutes. MR. SCHIFFER: I have a couple of items. First of all, the votes are all 8 -0 yet there are nine people shown to be in attendance. I have a problem with that. The other thing, on Page 47 where -- down at the bottom where I discuss -- it wasn't a thousand square feet, it was a thousand foot length. And then on Page 54 it should be noted that I abstained from voting on the item that Mr. Beasley brought up with WCI. CHAIRMAN BUDD: Okay. I'll take that as a motion. MR. ADELSTEIN: Second. CHAIRMAN BUDD: Second by Mr. Adelstein. Discussion? (No response.) CHAIRMAN BUDD: All those in favor of adopting the minutes as amended by the motion say aye. MS. CARON: Aye. MR. VIGLIOTTI: Aye. MR. ABERNATHY: Aye. MR. STRAIN: Aye. MR. ADELSTEIN: Aye. MR. SCHIFFER: Aye. CHAIRMAN BUDD: Aye. Those opposed? (No response.) CHAIRMAN BUDD: Minutes are adopted. Ray, is there a Board of County Commissioners report? MR. BELLOWS: Yes. On September 28th, the Board of County Commissioners approved the development order extension of Pioneer Lakes, made it subject to the petitioner preparing a traffic impact statement and to look at the possibility of interconnections to other adjacent lands around Pioneer lakes. And that is to be submitted in 2005 when they have to reapply for another extension. And in fact the region requires a regional analysis of the PUD issues. Then on the 21 st the Board of County Commissioners heard the Waterside Shops amendment to Pelican Bay and both petitions were approved, the development order and the PUD document. The development order was approved three to two, and it was unanimous on the PUD document subject to participation in the SCOOT program and to provide an additional left turn lane off of Seagate Drive going Page 3 October 7, 2004 onto 41. CHAIRMAN BUDD: Anything else? All right. Before we start our advertised public hearings let's go into our election of officers. MR. ADELSTEIN: Mr. Chairman. CHAIRMAN BUDD: Yes, sir. MR. ADELSTEIN: I nominate Russell Budd as chairman, Mark Strain as vice - chairman, and hopefully someone will nominate me as secretary. MR. SCHIFFER: I'll nominate you as secretary. MR. ADELSTEIN: Thank you. CHAIRMAN BUDD: Let's, with modesty aside, if you would just make your motion for the three officers, Mr. Adelstein. MR. ADELSTEIN: Okay. CHAIRMAN BUDD: And nominate yourself And Mr. Schiffer, can we take that as a second for those three officers? MR. SCHIFFER: Sure. CHAIRMAN BUDD: And we're open for discussion now, discussion on the officers which are a mirror of our term that has just expired. MR. STRAIN: I certainty don't like changes. I would hope that nobody would be voting for a change here. CHAIRMAN BUDD: Any further discussion? (No response.) CHAIRMAN BUDD: All those in favor of the proposed slate and by motion, please signify by saying aye. MS. CARON: Aye. MR. VIGLIOTTI: Aye. MR. ABERNATHY: Aye. MR. STRAIN: Aye. MR. ADELSTEIN: Aye. MR. SCHIFFER: Aye. CHAIRMAN BUDD: Aye. Those opposed? (No response.) CHAIRMAN BUDD: Okay. Well, then, things remain the same, so I'm not moving my chair. And we'll move into the advertised public hearings. Our first hearing this morning is petition NUA- 2002 -AR -2995, a request for nonconforming use alteration in the Henderson Creek Road area. Are there any disclosures by planning commissioners on this item? There are none. All those wishing to present testimony on this item please stand, raise your right hand and be sworn in. (Witnesses sworn.) (Mr. Midney is now present.) CHAIRMAN BUDD: Thank you very much. If we could hear from the petitioner -- just anywhere you are comfortable. MR. REED: My name is Bob Reed. I'm director of Holiday Manor Co -op. I'm representing the co -op in their request for your approval for nonconforming use alteration petition. Page 4 /4Z !GZ October 7, 2004 First, I would like to thank the department of zoning and land development and also the department of code enforcement. Kay Deselem and Michelle Arnold have been great to work with -- THE COURT REPORTER: Sir, could you keep your voice up, please, so I could hear you over here. Thank you. CHAIRMAN BUDD: Actually, sir, without the microphone, if you would like to stand over by the court reporter it's all the same to us, and it's a little bit closer to her. THE COURT REPORTER: Thank you. MR. REED: First, I would like to thank the department of zoning and land development, also the department of code enforcement. Kay Deselem and Michelle Arnold have been great to work with. They both understand the problems we have had internally and they both have been very patient and understanding. Holiday Manor is a cooperative -- is a 55 senior community. It was built in 1968 by Bob and Leo Kavin. The co -op purchased the park for $6 million in 1996. We have 32 acres of land. We are 187 mobile home sites, 125 RV sites. The original developers had a set of plans and used them only as guidelines. Homes, trailers and sheds were placed in there randomly on various sites. As a result, all sites are not equal size. Also the placement of the units and sheds have been a problem. Because the co -op is one parcel of land, the co -op agrees that we must adhere to see that the required setbacks along the outer perimeter -- relief is needed internally on the side -yard distance and back -yard setbacks. Sorry about that. It is also important that we were granted for stand -alone sheds. Seasonal motor coaches are required to have sheds for personal storage. Any relief granted should also increase our potential to sell the vacant 17 RV sites we now have. Again, I thank you for your consideration of this petition. And if you have any questions I would be glad to try and answer them. CHAIRMAN BUDD: Any questions for the petitioner? Mr. Strain. MR. STRAIN: I don't know who attached it but part of your application included a copy of an organizational meeting minutes. They were January 14th -- MR. REED: Yes. And they should be in the petition I submitted to Kay. MR. STRAIN: What was the purpose of your including those minutes in the petition? MR. REED: In order to show that the whole co -op wanted to get this NUA through. MR. STRAIN: I don't think those minutes reflect that. I couldn't find language in there. And I thought that's why you did it. MR. REED: Yes. MR. STRAIN: And I looked -- and I read it trying to find that reference, and I couldn't find it. MR. REED: Yes. I brought one of those with me. MR. STRAIN: If someone could -- in your group could look at that while the rest of the petition is being presented. I don't want to slow everybody down for that purpose but that's the wrong minutes. Maybe we might want to find the right ones. MR. REED: Yes. I think Kay asked for not only the president's but also that particular letter showing the minutes of that particular meeting, yes. MR. STRAIN: The minutes of this meeting also reference something that brought up a question. It says under legal issues, we also have the attorney engaged in trying to resolve the dispute between Mrs. Fiorelli (phonetic) and Ms. Britton (phonetic) on a boundary area. Page 5 16 z /fa October 7, 2004 Is it anything to do with -- MR. REED: That's been all resolved. No, no. MR. STRAIN: It has nothing to do with what we're here for today? MR. REED: No. MR. STRAIN: Other than, I couldn't find a reason why this was submitted to us, so maybe it's the wrong set of minutes. MS. DESELEM: If I may. For the record Kay Deselem. It's not -- yeah, it's on Page 4. Talks about nonconforming use alteration request. And it states that -- it speaks of the nonconforming alteration request of the Collier County planning services and it said the motion passed by a majority. MR. STRAIN: Kay, I don't -- I have a Page 1, Page 2 and Page 5, okay; 3 and 4 are not in the packet. MS. DESELEM: Well, that's why you don't have them. MR. STRAIN: Okay. I'm glad I asked the question. Does anybody else have Page 3? MS. DESELEM: Apparently it was a copier glitch. I will make those available to you if you wish to see them. MR. STRAIN: I would. Just for my record -- if its in there, that's fine. I didn't have it. But can you get me copies for my records so I have one as well? MS. DESELEM: Yes. The copier must have eaten those two pages. MR. STRAIN: Okay. And the other questions I have will be of staff, so I'm -- at this point I'm done. CHAIRMAN BUDD: Are there any other questions for the petitioner? There are none. Can we hear from staff, please? MS. DESELEM: I think you'll be able to hear me but I'll come over here just in case. Good morning. For the record my name is Kay Deselem. I'm a principal planner with the zoning and land development review section. And you have the staff report and hopefully most of the application copy. I do have some letters that we received after this particular petition application was sent to you and I will make those available to you. There are three letters included in here. One has a rather large attachment list of exhibits to it. I did not have the ability nor the time to copy all those. If you want to see it, it's obviously available to you. But at least you get the gist of it. MR. STRAIN: Depending on the outcome of today's meeting I might like to see it. MS. DESELEM: Okay. MR. SCHIFFER: Is that an opposition letter or -- MS. DESELEM: Actually, I don't know how you would characterize it. I hesitate to try to characterize exactly what it says because I'm not sure what the point is the gentleman is trying to make. MR. SCHIFFER: Okay. MS. DESELEM: And that's about all I can say. It was actually addressed to David Weigel at the county attorney's office but I did get a copy and, like I said, I really can't characterize what it might say. You did get a background of this particular petition from the petitioner's agent so I won't belabor that. You have a copy of the aerial photograph in your staff report. And you have a location map, so you are familiar with where the site is and what's around it. And in light of time constraints, I won't go into any great detail other than to say that staff is recommending approval of it. We have determined that it is deemed consistent with the growth management plan, specifically Policy 5.9, and we have quoted that policy in the staff report. Page 6 16-1 icy October 7, 2004 And on Page 4 of the staff report we have provided you the analysis that contains the findings that are required by the land development code and we have positive findings to support the request -- or the recommendation that we have provided to you. And the staff recommendation contains two conditions. One recognizes the development that's on -site, that is the 312 units and the mix of units of the single -wide mobile homes -- double -wide mobile homes, whatever, and the RV trailer park model -type sites. And the other condition addresses that separation distance of 10 feet. And I don't have anything further. If you have questions I would be happy to address them. MR. ABERNATHY: That separation of ten feet raises a question for me because earlier in your dispositive, Page 2, you stated it's not required if they are physically connected to the principal structure or any other accessory structure. So they are not consistent, I don't think. That exception, the separation distance for accessory structures, would allow a zero separation distance if the accessory structures are physically connected to the principal structure or an accessory. Well, that sounds reasonable but that's not what your recommendation says. MS. DESELEM: I understand. I guess I have been involved in it so long -- yes, you are right, we need to clarify that particular condition so it states you're either -- MR. ABERNATHY: The conditions are either separate or attached. MS. DESELEM: -- clearly 10 feet or zero setback. MS. CARON: Also, Kay, on Page 4 when you are talking about the fire codes you said, And further will specify that the perimeter of property setback requirements be maintained. But then when you go to your recommendations you didn't include that. MS. DESELEM: And that's because they didn't seek a variance from it, it's implied that they must meet those setbacks. So we didn't believe that we needed to actually -- it would be redundant to include something that is already required. MS. CARON: Okay. CHAIRMAN BUDD: Mr. Schiffer. MR. SCHIFFER: What's going to happen to the permanent structures? I'm sure on -site there is a clubhouse or something, correct? MS. DESELEM: Yes, there is a clubhouse. MR. SCHIFFER: Are there any -- is nothing going to be affected by that, no rezoning of that or -- MS. DESELEM: It's not contemplated as part of this NUA. Now, what might happen to it in the future, I don't know. It's not contemplated as permits. MR. SCHIFFER: But there's no setback issues with the permanent structures. MS. DESELEM: No. As long as structures meet the perimeter setbacks for the overall lot, because we don't recognize as the county any particular site that that clubhouse sits on within the confines of their project. MS. SCHIFFER: And how are the trailers treated; are they primary or accessory buildings or what are they? MS. DESELEM: I would assume they are primary buildings and their sheds would be accessories. MR. SCHIFFER: And when you say it's going to meet all fire codes, that's all governing fires codes -- because a concern is that the roadway system, you're not going to make it a cul -de -sac at the end of it or something are you? MS. DESELEM: No. And again those are private drives, they're not roadways by county standard. MR. SCHIFFER: But if there is a fire, the fire department has access to those roads, right? MS. DESELEM: Oh, yes. MR. SCHIFFER: But could this be -- but then you would have to have that cul -de -sac for the truck Page 7 /6 z icz October 7, 2004 to turn; they're greater than 150 feet. MS. DESELEM: As far as I know there is no contemplation of any changes to the street layout internal to the project. MR. SCHIFFER: But that is a fire equipment problem. The concern is -- MS. DESELEM: It goes back to they're not going to make it more nonconforming than it already is. It doesn't comply but we didn't get into the details of changing that street or driveway configuration. That just wasn't part of what we were looking at. MR. SCHIFFER: So do you think we should word it that it's the fire codes in regards to the buildings? Because I mean, somebody -- NFPA 1 is a fire code that governs and that would cause us to redo the site plan. MS. DESELEM: Perhaps it might be clearer -- I don't know exactly how to phrase it, but if you want to alter the wording -- I can understand what you're saying, yes, it sounds like we should make it clear but -- MR. SCHIFFER: And you say fire codes, there are no -- all fire codes. MS. DESELEM: Well, we can't give variances from that in this venue anyway so -- but perhaps there is a way to make it clearer. MR. ADELSTEIN: It's my understanding then that all buildings will now be 10 feet apart or zero feet apart. MS. DESELEM: We're only addressing the sheds. We're not addressing the principal structures, because pursuant to county regulations, there are no internal lot lines. All we can deal with is the accessory structures. MR. ADELSTEIN: You mean the actual living buildings will not be 10 feet apart? MS. DESELEM: I don't know that they will or they won't be. Knowing what is there now I can tell you that there is many that are not. But, see, the county just doesn't recognize the quote, unquote lot lines that exist in a mobile home park. If you look at the locational map there is one big tract of land, and we don't have any requirements for exception or setbacks from those particular roads in zoning. So all we could deal with was accessory structures, that's what the zoning addresses. MR. ADELSTEIN: So basically this whole issue is over the accessory buildings. MS. DESELEM: Basically, yes, sir. MR. WHITE: If I may. This is County Attorney Patrick White. I think it also addresses, Kay, and correct me if I'm wrong, any replacement units, and those replacement units would then have to meet those separation standards; is that correct? MR. ADELSTEIN: If there are no lot lines why would it be any different for the new ones or the old ones? I still believe, my feeling would be that the old ones would be to have 10 feet apart in order to meet the fire code. MR. BELLOWS: That involves the planning manager for problems like these -- but the way to address nonconforming mobile homes or trailer parks is -- are such that it will not allow residents within the nonconforming parts to obtain replacement units. Because of their nonconforming nature we can't allow them to obtain those permits. By obtaining the NUA we've gone through a review process where we ensure that there is adequate fire protection, there was adequate ingress - egress to the site and therefore we would allow for the replacement of these if the NUA is approved. MR. SCHIFFER: When you said "ingress- egress ", do you want us to keep site and fire code and that in? MR. BELLOWS: Excuse me. Say that again. MR. SCHIFFER: When you said "ingress- egress ", I assume you mean fire access. Page 8 /6z Ica October 7, 2004 MR. BELLOWS: Yes. If the fire department objects then we'll try to work on ways of resolving those objections. As far as I'm understanding there is no objection from the fire department on this. MR. SCHIFFER: Is this a unique situation in this trailer park? MR. BELLOWS: No. This is about the fourth one I know that has obtained NUAs. CHAIRMAN BUDD: Mr. Strain. MR. STRAIN: Kay, this park is in a CHAA and the GMP doesn't allow mobile homes in those areas. You said this is consistent with the GMP. I'm assuming because you're considering it grandfathered in? MS. DESELEM: It doesn't allow new mobile home development. This is not new development. You can't rezone to mobile home, they are not rezoning to mobile home. MR. STRAIN: Well, you could -- that whole mobile park could be rezoned to single family if it wanted to. The county attorney has already opined that you can change the zoning as long as you give them seven years to change it. My question is, are we doing anything to worsen conditions as far as hurricane preparedness goes? Where are the nearest hurricane shelters for this park, what is their capacity and what is their wind load? Do we know that? Do you have any information on that? MS. DESELEM: I have no information. I have contacted -- and I'll have to say that it was at the last minute -- two days ago I contacted Dan Summers at emergency management and asked if he could attend the meeting. And I tried repeatedly to contact them and get someone. I did speak with someone, a warm person, real body this morning and -- other than voice mail and E- mail -- and they are busy doing their reassessment this morning. They are all involved with meetings for the reassessment for the four hurricanes. They had no one available on staff to come to the hearing today. They sent their apologies for that but one, due to the short notice and the fact that they had already had meetings scheduled and -- they were unable to attend. MR. STRAIN: Do you remember the EAR, there were a lot of questions from this panel at that time. They again didn't show up for those questions. I don't know what their excuse was but they always seemed to have one. I'm concerned that I do not want to make a bad situation worse by something we do here today involving hurricane damage. I do know that structures such as mobile homes, manufactured homes, temporary shelters or facilities, sheds as they may be here, are prone to extreme damage and flying debris during hurricanes. I learned in the last two months how bad that can just be, with the prediction it could happen for years to come. I'm very uncomfortable moving forward with this without information from emergency services to understand where the hurricane preparedness efforts are for this community. For example, transportation to and from a shelter that's rated according to the growth management plan and it has the capacity to house these people, we don't even know if one exists near their area. So I'm just letting you know at this point I don't feel comfortable with this until I get more information. MS. DESELEM: What I can state is they are not increasing the intensity or the density, so quote, unquote it's not going to make a bad situation worse in that there will be no more persons in the future, based on this NUA, than there are today. I know you have more concerns other than that but I did want to clarify that. MR. STRAIN: When we have an opportunity shouldn't we be making a bad situation better? We have an opportunity here to make it better. And I want to make sure that whatever these avenues are as recommended by the emergency services department in regards to mobile homes in coastal high hazard areas that we at least have that Page 9 /Z Z /f-2, October 7, 2004 knowledge and benefit and possibly include it in whatever comes out of today's meeting. And obviously that's not going to happen without the cooperation of that department. So I can't say anything more at this time. CHAIRMAN BUDD: Okay. Yes, sir. MR. REED: I think George Tomlinson is here. He is an owner here in the park. MR. TOMLINSON: My name is George Tomlinson. I'm the emergency manager of the park. We are in the process of now -- we talked to Storm Smart in Fort Myers. We had an engineer down, he's drawn out all the plans to make our buildings safe for hurricanes and storms like that. So we are making progress on doing that and we expect before this year is out that we will have that done. MR. STRAIN: And I know you are not the gentleman that is doing the design, but I would be curious to see how they are going to revamp older units to come up to current wind loads. MR. TOMLINSON: I will see that you get a copy of everything I have that the engineer sent to me. MR. STRAIN: Do you happen to know in your discussions with this gentleman where the shelters are that you would evacuate to and what the wind loads of those shelters are, their capacities. In case you have to evacuate from the high hazard area? MR. TOMLINSON: Lely High School is where we would probably go right now. But we are trying to get our building up to code now and that's why I went and talked to these people, Storm Smart. And the fellow that works there, he wrote most of the laws for Florida. So -- MR. STRAIN: If we were to continue this meeting, would he be willing to come here and discuss with us the applications that he would be applying to your facilities to make them storm smart? MR. TOMLINSON: I really don't know. I couldn't speak for him. CHAIRMAN BUDD: Excuse me. Mr. Tomlinson, is it? I don't believe you were sworn in originally, so if I could swear you to testimony. Raise your right hand. (Witness sworn.) CHAIRMAN BUDD: Any other questions of this gentleman? MR. STRAIN: Thank you, sir. CHAIRMAN BUDD: Other questions for staff? MS. DESELEM: If I may, Michelle Arnold is here and she said she is willing to answer any questions you have if she can address any of your concerns as well. CHAIRMAN BUDD: That would be more code enforcement rather than hurricane. MS. DESELEM: Right. But I wanted to make you aware that she was here if you wanted to speak with her. CHAIRMAN BUDD: Other questions? Yes, Ray. MR. BELLOWS: I would also like to point out that the purpose of an NUA is to upgrade or allow for the upgrade of the units. Right now the residents are not being permitted to upgrade to safer units because of the way the codes are written. And I think Kay has discussed the issue with our building department, and I think you've mentioned something about how they are required to have storm certified tags on the units when they come. The ones that are out there may or may not have those current tags and -- could you just update. MS. DESELEM: Yes. I spoke with some of the people in the plans review and permitting over the last few days and they told me that -- because there was a concern about, you know, going out to Uncle Henry's 20 acres and getting a mobile home that's been sitting back there for 25 years and bringing it on -site and, you know, what would you get if you allowed a replacement and you didn't specify what it was replaced with? And in checking with the permitting and plans people I understand that they do check for certain Page 10 /G z l a October 7, 2004 things when they get a tie -down, and they are required to have a tie -down permit. Some of the older mobile homes would allow a tie -down over the top. The newer mobile homes have a stamped certification that's on either, usually, the electrical panel, sometimes it's on the outside of the unit, but in any case it's been certified by the state to meet the wind load of this area, which is different than perhaps, say, Orlando even, because of the wind load that we have here. And they can only put that mobile home there. And it has to be tied down with the new standards which requires a tie -down through the belly of the mobile home rather than the overstrap. So they are going to check for the fact that it has the tie -down and it meets current code, not an older code, and that it has ingress- egress. My understanding of their idea of ingress - egress is specifically into that unit; steps, stairs, some way to get into that unit. And then they check for the electrical. And so there is the potential that the units that go in here with this NUA will be better, if you want to phrase it that way, than what might be there now because they'll be newer units and they will meet a better code. MR. STRAIN: Ray, something you said -- a gentleman here has taken a very proactive approach and got somebody involved. I find nothing in these documents stating that it's going to be a mandatory upgrade of all of the existing structures there to wind loads that would be sufficient to put to hurricane preparedness. We're also talking about, now, sheds and accessory structures. I'm not sure if that's in the umbrella of having Smart Storm or whatever the company is, looking at as far as making sure those structures -- but all the damage in a hurricane, we've learned, comes from other structures blowing apart and hitting other structures. Even though the other structure may be wind sufficient, if it's hit by a piece of flying debris from something that isn't you've got damage all around. I really feel that we need to get that kind of information. And it all dovetails back to one of the questions in the staffs report, Item F. It stays such alteration, expansion or replacement will not present a threat to health, safety or welfare of the community or its residents. Based on what I've heard so far, I haven't heard that addressed. I've seen it addressed here but only to the fire code. Without emergency services here to at least tell us what their thoughts are there is a pretty big blank right now. MR. BELLOWS: Only in regards to permitting for sheds. MR. STRAIN: In the coastal high hazard because that's the difference here. MR. BELLOWS: The building department requires those property owners or homeowners associations in applying for their permits for these sheds or accessory structures, they have to demonstrate that they meet the building code requirements and they have to be tied down to meet those standards. The ones that are out there may or may not meet those standards depending on how old they are and how they were built and when they were built. The purpose of the NUA, like I said before, is to allow them to upgrade to safer units, safer structures that meet current code. It's not any intensification of the project. It's not anything to allow the hazards that could be deemed storm hazards to exist. If we didn't have this process, these parks would continue at the -- continually aging and degrading and not allowing for the proper maintenance for those nonconforming structures. The beauty of the NUA is to allow for those nonconforming parts to upgrade to safer units that meet current code. You make a great point though, about hurricane preparedness, and I think it's fantastic that the residents saw what happened in the adjacent communities and took action in their own hands to address that. I mentioned that to Patrick when he raised the issue the other day that maybe we should look at this comprehensively, not just this park but all of the parks, and look at ways of improving emergency evacuation procedures. And that would be something that emergency management would have to be heavily involved with. But if we address it in a piecemeal fashion with this NUA petition, I'm not sure that Page 11 9 Z lC'a October 7, 2004 -- it's a start but I'm not sure that that solves the overall problem we have in this community. MR. STRAIN: You mentioned that the new structures going in will meet the current codes. I think that's a given. MR. BELLOWS: Yes. MR. STRAIN: I think that the results of these past hurricanes, the newer structures fared much better. That's not a concern. If we have an opportunity here to go back and see existing and older structures brought up to standards, I think we ought to take it. And I don't have enough information to know that the standards that we're trying to put on the new are going to do any good to help the old. And if the old blow apart and hit some of the new, the same damage is going to occur. So at this point I don't feel comfortable with this, myself. CHAIRMAN BUDD: Mr. Schiffer. MR. SCHIFFER: And Mark, there is no way we can go back and harden those old trailers. The new codes are essentially tie -down but a trailer is still -- two frangible buildings in the building code, trailer, you know, and they are not designed for hurricanes, they have to evacuate and then I -- CHAIRMAN BUDD: Speak up a little bit for the court reporter. MR. SCHIFFER: And they have to evacuate and they're not going to go to the clubhouse; they are going to leave the site in the coastal high hazard area. If I was concerned if I was them, it's what do I come back to, where can I stay when I come back. But Mark, there is no way you can require these guys to bring the old trailers up to code. MR. STRAIN: Well, what I was -- they volunteered. They already have someone looking at that. I don't even know what the results -- MS. DESELEM: No. MR. SCHIFFER: No. They are looking at their clubhouse. MR. REED: Our clubhouse. MR. STRAIN: At the same time, Brad, we can suggest a rezoning of the property, and that's a pretty tough stance to take. MR. SCHIFFER: I mean, trailers exist, and the reason they are weak is because they provide a form of housing that wouldn't be available otherwise. You can't -- this isn't the front line of that issue. CHAIRMAN BUDD: Other questions for staff? MR. REED: I've got -- CHAIRMAN BUDD: Hold on a second, sir, we need to go through our routine. Any other questions for Kay? (No response.) CHAIRMAN BUDD: Okay. From the petitioner. Yes, sir. MR. REED: I have some pictures of some of the old ones and some of the new ones we're putting up now, if you would like to see him. CHAIRMAN BUDD: You're welcome to pass them down and pass them through, but anything you present we keep as part of the testimony. MR. REED: That's all right. CHAIRMAN BUDD: Ray, are there any speakers on this item? MR. BELLOWS: The only speaker that registered has not put the item number, so I'm not sure if Mr. Sullivan wants to speak on this issue or not. CHAIRMAN BUDD: All right. So there is no speaker for this item. Okay. Any other questions for the petitioner or staff on this item? (No response.) CHAIRMAN BUDD: There being none, we'll close the public hearing. Page 12 l6.7 1c,? October 7, 2004 Do we have a motion? MR. ABERNATHY: I'll make a motion that we forward the petition NUA- 2002 -AR -2995 to the board of zoning appeals with the recommendation of approval subject to the stipulations of staff plus with the addition of language about attached structures, attached sheds and the like. CHAIRMAN BUDD: We have a motion by Mr. Abernathy. MR. MIDNEY: I'll second. CHAIRMAN BUDD: A second by Mr. Midney. Discussion on the motion. MR. STRAIN: Just the fact that -- about making a bad situation worse doesn't sit well with me. MR. BELLOWS: If we can get a clarification on the motion concerning the sheds. You were saying the sheds should be -- MR. ABERNATHY: I said her second recommendation be amended. MS. DESELEM: If I might suggest for the record -- Kay Deselem -- if I might suggest, perhaps, since we wanted to make it clear, if I understood the concern that it just be the separation distance regarding the fire code, if we remove the portion beginning with "and" to the end of the sentence and just said, minimum separation distance of 10 feet. MR. SCHIFFER: Well, I mean, there are fire codes that regulate separation. We certainly want that. MS. DESELEM: Well, like I said, we aren't in this avenue nor are we addressing any variances from fire. MR. SCHIFFER: I think let's leave it exactly as it is. MR. ABERNATHY: Well, I want to insert language excepting attached structures from the 10 -foot separation. MS. DESELEM: For the zero -- to allow zero or -- MR. ABERNATHY: Zero or 10 -foot. MS. DESELEM: -- 10 -foot. MR. MIDNEY: That is also my second. CHAIRMAN BUDD: That's fine with the second. So the motion is clarified, second fine with it. Any discussion? (No response.) CHAIRMAN BUDD: No further discussion. Call the question. All those in favor of the motion signify by saying aye. MS. CARON: Aye. MR. VIGLIOTTI: Aye. MR. ABERNATHY: Aye. MR. ADELSTEIN: Aye. MR. SCHIFFER: Aye. MR. MIDNEY: Aye. CHAIRMAN BUDD: Aye. Those opposed. MR. STRAIN: Aye. CHAIRMAN BUDD: Okay. It is 7 -1. Motion carries. CHAIRMAN BUDD: For those of you who are not interested in the next item you are free to leave and we'll move on to our next agenda item. (A brief recess was had.) CHAIRMAN BUDD: We will reconvene the planning commission meeting. I just want to remind Page 13 /�-z lCz October 7, 2004 everybody to take the time and effort to speak slowly, clearly, enunciate for the benefit of our court reporters. They have had a heck of a time during the first agenda item this morning just trying to hear everybody. So planning commissioners, if you get involved in discussions among one another, at the least split the difference and, Brad, this would affect you most of all, that even if you are addressing someone down here, try to point somewhere in the middle that the court reporter can hear your voice clearly. And again to request everybody in the back of the room to not have any side conversations, please step out into the hall. We're dealing under difficult circumstances this morning. The other item I would request is that Mr. Pires is appropriately located for where we would like to have all our speakers this morning, again, in some consideration of our court reporters. Our previous item had people forward of that so that their back was to the court reporter. They couldn't hear, to make things difficult for everybody. So you are in the right spot, Tony. Good job. Okay. With that we will announce our next items. The next two items will be acted on separately but we'll hear them together as they are related items. And that is Petition PUDZ- 2003 -AR -4150, a rezone from the PUD zoning to the PUD zoning district for mixed use residential and commercial planned development on the north and south sides of Oil Well Road, as well as petition PUDA- 2003 -AR -4227, an amendment to the Orangetree PUD. On disclosures on this item, I spoke with Mr. Pires and Mr. Arnold. Any other disclosures on this? MR. STRAIN: I spoke with Mr. Pires and Mr. Arnold as well. We went over the same issues I'll be going over today. CHAIRMAN BUDD: Other disclosures? None. Yes, sir. MR. ADELSTEIN: Is there a notice of public hearing on that item 4150? I didn't find one. CHAIRMAN BUDD: The second item? MR. ADELSTEIN: The first one, 4150. CHAIRMAN BUDD: Oh, the first one. Okay. You found the AR -4227 but you didn't see the AR -4150. MR. ADELSTEIN: Correct. MR. PIRES: I believe they were side by side but I think that the staff would have that. I believe they were noticed at the same time. MR. ADELSTEIN: I couldn't find it. I would assume so, but I took them out myself and I didn't find it. CHAIRMAN BUDD: Ray, any light on that? Do we know if we have appropriate advertising on that first item? MR. BELLOWS: My understanding that we had everything done properly. CHAIRMAN BUDD: Okay. MR. ADELSTEIN: Didn't find it. CHAIRMAN BUDD: Let's -- it's a possibility that Mr. Adelstein didn't notice it. If we don't have any evidence to the contrary and with the staff representation that it was properly sent over to the Daily News -- MR. ADELSTEIN: Fine. CHAIRMAN BUDD: -- we'll proceed with the reasonable assumption that it was properly advertised. MR. BELLOWS: If you would like, I think we can track it down. CHAIRMAN BUDD: It would be nice to put that to bed and know for sure. Any other disclosures? I think down here there are none. Okay. On to swearing in. All of those wishing to present testimony on number -- this item, please stand Page 14 /� .z /ca October 7, 2004 and raise your right hand. (Witnesses sworn.) CHAIRMAN BUDD: Start with the petitioner presentation, please. MR. PIRES: Thank you, Mr. Chairman. Tony Pires, Woodward, Pires & Lombardo, representing the petitioner in this instance, as well as Wayne Arnold of Q. Grady Minor and Associates. And initially, from a perspective of disclosure, I have had brief discussions with Ms. Student from the county attorney's office. There is a party that is a contract purchaser, a contract vendor for the residential component of this particular PUD, and that's Pulte Homes. And I have to file for the record a copy of the corporate officers and corporate information involving Pulte Homes. I'll make that part of the record, and Mr. Bellows, if I could approach you and the court reporter. Thank you very kindly. And with regards to this particular application, we also have Dave Schmitt from Grady Minor Associates, Reed Jarvey on transportation issues. And Mr. Paul is also here today. This has been a long time coming for us to go through the processes and we've had a very good working relationship with the staff and community as we've proceeded forward. Just a brief overview, and Mr. Arnold will do the planning presentation and any other issue that you may have to address. But in this particular property, it's approximately 1616 acres, and it's a component of the Orangetree PUD. They are, basically, they are pulling out of the Orangetree PUD to make it the Orange Blossom Ranch PUD, a separate planned unit development. To the north is an approximately 200 -acre parcel that Mr. Paul and his family sold to the county for a water treatment plant, wastewater reclamation and other governmental uses. And that will be before you, I believe, in the next few months as far as a rezoning application. To the south is a school site -- the high school is there. It's an approximately 135 -acre parcel that Mr. Paul and his family sold to the school board a couple of years ago for purposes of a high school. Additional public accommodations will become part and component of this PUD. There is a lake, a 90 -acre lake approximately, that at a point in time will be conveyed to the county. There is a 60 -foot right -of -way that will come off of Oil Well Road that will provide access to this county lake, this county public amenity. And additionally, at the request and discussions with the utility department, there are well field easements that will be provided by the developer within the rights -of -way to provide well fields for the water treatment facility for this county regional facility. There are a couple other language changes that we have made recently based upon discussions with county transportation staff. We believe we are in total agreement with each other as far as the transportation language, and Ms. Student may have some other little scrivener items we need to rectify. But we would request that there be a recommendation of approval of this petition to the Board of County Commissioners with the staff stipulations as contained in your staff report and any revisions and modifications that we've discussed in the last few days with staff. And after the public speakers, if there is an opportunity for just a few moments of rebuttal in case any additional issues arise, we'd be very appreciative of that. Thank you. MR. ARNOLD: Good morning, everybody. I'm Wayne Arnold with Grady Minor engineering. Mr. Pires indicated the basic overview of what it is that we're trying to achieve here today with the creation of the new Orange Blossom Ranch PUD. Tony did point out the relationship to surrounding properties. And I would just like to go over that again because I think there had been some question early on about exactly who we abutted and who we did not. And in fact the county bought the northern 200 acres adjacent to the fairgrounds property. They Page 15 & 7 i (f a October 7, 2004 also bought what's referred to among the locals out there as the stovepipe. And that is the area between Waterways subdivision that's part of Orangetree and the lake parcel that is presently an agricultural reservoir and also serves as a water management function for a portion of the project. That serves part of the canals that you see on the aerial photo here. But in essence, we abut county property to the north, the west; school board property to the west; and then to the east is the Golden Gate canal and Golden Gate Estates. And those are the relationships. On the south side of Oil Well Road, which is shown here, this property is part of Valencia golf course and the balance of Orangetree development. And that is also going through its own amendment process. UNIDENTIFIED SPEAKER: Excuse me. We can't see this because he's standing on the side. Can you go to the other side? CHAIRMAN BUDD: If you wouldn't mind just standing on the other side then the audience can see it and it will be all the same to us. Okay? MR. ARNOLD: No problem. We can reorient that or move it somewhere where it's easier to see. That's fine. CHAIRMAN BUDD: That would be far enough or then Mr. Schiffer is out of the picture. MR. SCHIFFER: I'm fine. MR. ARNOLD: Okay. This is a color image of the conceptual master plan for the project and it highlights a couple things. Oil Well Road bisects the property. There's approximately 165 acres that lie south of Oil Well Road. That's designated entirely residential /golf To the north of Oil Well Road is really the more mixed use component of this project. We have the community facility parcel, which is the lake that is to be dedicated to Collier County. We have the residential/golf component that lies in that north and east component, recreational empty area. And then there's approximately 44 acres that are shown as a commercial component to this project. And these are handled as separate areas in the PUD document itself. A couple things that were mentioned by Mr. Pires. We have been working with county staff to provide for a future right -of -way reservation of an additional 100 feet in width along Oil Well Road for its future expansion. That's consistent, it's my understanding, with how Ave Maria, that's about five miles farther east of us, has dealt with some other reservation issues. So we now have a consistent corridor that we're dealing with there. And the language that I would like to hand out in just a moment is a clarification of how that will be handled. When we started this process, and at the point which Ray Bellows started drafting his staff report, we had had language that talked about the county acquiring this at the value prior to the zoning action taking place, so that it wasn't -- there was no increase in value because of the new zoning action, they would be buying it at its agricultural base rate. The language that has been discussed with staff is now instead of buying that with fee simple dollars it would be -- essentially the language is more specific than that, but the big picture issue is that it would be for impact fee credits in lieu of a cash payment for that property. There is some additional language in here referring to the time frame of transfer of title, et cetera, that are clarifications. But I know that Reed Jarvey, our transportation consultant, and from -- Mr. Alon El Urfali from staff have discussed the language. They are in agreement. We are in agreement. I know that Ms. Student has looked at it, and I don't know if there are any other minor issues but I'll get back to that. We can circulate that language and discuss it more specifically if we need to. MS. STUDENT: I have looked at it very briefly. I will need time to -- MR. ARNOLD: The other component that Mr. Pires talked to you about was to define a corridor that would be a minimum 60 foot in width that would serve as a public access point that would be open to Page 16 /67 /c',:R October 7, 2004 the public in perpetuity to get to that lake parcel, and that would be connecting Oil Well Road. And of course the county's property connects back to Immokalee Road, which theoretically provides that interconnect between Oil Well and Immokalee in the future when the county takes over that property. We have provided an interconnection to the adjacent high school property. The aerial that I had wasn't the most up to date. I had a smaller one that would have been appropriate for the visualizer, but since we're in this location, I was using a larger scale image that didn't show the high school in place. But what we've done is tried to connect, show potential interconnects at locations that were very consistent with the school board, high school site, so that it -- even if it were pedestrian interconnects, that was a far better cry than having any resident here having to then get out onto Oil Well Road and then drive to that high school location. So we think that's an enhancement. We've also shown cross - access over and to the county's future lake parcel as well. For the most part those are sort of the planning issues. I know there's probably more specific questions. I think we've done -- as Tony mentioned, this thing started, and some of you were on the planning commission's time -- comp. Plan amendments about two years ago that dealt with the settlement area -- settlement district area and establishing some of the parameters for that. And then of course we started this zoning action just a little over a year ago trying to establish this new PUD. So we have been working with staff over that period of time. And I think, as Tony mentioned, as part of that give and take over that year, we've defined five well field easement locations that the county will take over to serve their future water and wastewater facility. We've talked about the right -of -way reservation, public access to the park and then of course dedication for regional park impact fees of the 90 -acre lake to Collier County with terms that I believe are acceptable to the county. And I know that Ms. Student may have some specific questions about the actual dedication language that's there, but I think in concept we're all in agreement and that's something that we've worked out with Marla Ramsey and her staff over the past year. That in essence is my presentation of what the project is. And I guess, just to touch on the Orangetree component if I could. We are amending the Orangetree PUD to extract ourselves from it. We have made minor changes to the Orangetree PUD document itself to reflect the reduced acreage calculation for our project and some other very minor changes. That's been a little bit of a moving target, because at the time we entered the process the school board was also in the midst of its amendment that provided for the new school park site that has the high school on it presently. The developer for Orangetree also had an amendment pending, so that document has been moving. And then the county of course has now hired a consultant to amend the Orangetree PUD to make provisions for its water and wastewater facility. So that document will be an evolving document over the next several months. But at this point in time we believe we've reflected at least everything that is encompassing of the last amendment, which was the school board's amendment. I would be happy to entertain questions. And if I could I would like to mention just two things. And I guess maybe it's the appropriate time to hand out the transportation language. If we can have everybody look at that. Okay. Has everyone had an opportunity to read it? I know that it's a lengthy paragraph, and with the strike through and underlining it's a little bit hard to read. But I think the gist of it is that we're not dealing with impact fee credits in lieu of that acquisition fee simple by the county. I know Mr. El Urfali is here, and if necessary, we can get his affirmation. But I think that it's the same language that has been wordsmithed with him over the last several weeks. Page 17 /6 z ica October 7, 2004 The other -- I know he's coming forward. I don't know if you wanted him to -- nod, say yes, that's okay. CHAIRMAN BUDD: Any questions on this item from the planning commissioners? Mr. Schiffer. MR. SCHIFFER: Yes. And I'll talk directly to her, so I'm not being rude to you, sir. The calculation for gross density, that's based on all of the parcels, correct? MR. ARNOLD: It's based on the entire property, less out the commercial pile. MR. SCHIFFER: Okay. Do you have the calculation for density without the right -of -ways and stuff like that? MR. ARNOLD: I do not. They would be included in the calculation for the overall project in terms of gross density. The other thing I would mention. The comprehensive plan doesn't establish a maximum density for the settlement area of this portion of the county. It's an area that -- just a little bit of history -- was originally platted as North Golden Gate Estates. It was to allow 8,000 dwelling units out here. And it was going to be essentially a duplicate of Golden Gate City as we know it. And those plats have been vacated, and Orangetree and the agricultural lands then became what they are today. MS. STUDENT: There may be a way to look at a baseline, though, Wayne, and correct me if I'm wrong, but -- because it's been awhile since I had read the Orangetree portions of the comp. plan. However, if there is a number of units established for Orangetree for a certain amount of acreage, you can come up with a baseline that way. MR. ARNOLD: That's true. You could. That language no longer exists in the settlement area district in terms of a reference to any maximum numbers of units. But Mr. Schiffer, the density that we've requested is about 2.8 units per acre when you less out the commercial tract. The right -of -way itself I don't have an acreage calculation. I could certainly do that and tell you exactly what that hundred -foot reservation is across the frontage of our property, for instance. What the internal right -of -way is will really depend on what the ultimate plat becomes for that land because right now it's a conceptual road network that is shown. It may or may not look identical to that. MR. SCHIFFER: But the density does include the lake -- MR. ARNOLD: That's correct. MR. SCHIFFER: -- that hopefully will go to the county. MR. ARNOLD: That's correct. CHAIRMAN BUDD: Before we go any further on density or all of the other issues, I would like to look at this new PUD transportation language that was just passed out. We have the gentleman here that testified on it. Is there any question on this specific issue? If there is not -- MR. ARNOLD: If I might, just to point out that actually would replace Paragraph L under Section 6.7 in the PUD. MS. STUDENT: The only observation -- I've read it and it looks fine -- that we need the parallel cite to the UDC. We reference a citation to the land code that sets out the procedures when there is dedications and how they are going to be valued, so there should be the parallel cite in there to the UDC. MR. ARNOLD: Okay. I think we've -- the document that you have does have cross - references to UDC in it. And if that's one of those we need to correct, we certainly will between now and the board meeting. The other minor point that I did want to make, and I wanted to go back to it, was I mentioned to Mr. Bellows about this and Brian Paul actually did speak to Jim DeLony, your utilities administrator, Page 18 162 /Ca October 7, 2004 about it. Bleu Wallace, I understand, has been out with medical leave so we haven't had an opportunity to discuss that with him. But there was a minor change to the utilities section, 6.4, Paragraph C, that we wanted to make. There is a reference in there that is old language that we were borrowing and it referred to private wells and individual sewage disposal systems. And in essence we would ask to change that language to refer to interim potable water and wastewater systems. It's a little bit more generic term and a little bit more current term than "individual" into the -- some of the utilities lingo. And I have some language offered. I gave Ray Bellows a copy of that. And I know he has not had a chance to discuss that with Bleu Wallace either. And I think that's something that, if necessary, we would certainly be happy to do. He just, unfortunately, has been unavailable. But I think -- and Mr. Paul is here -- but I can tell you that from his perspective, Mr. DeLony had no issue with the minor wordsmithing. One other just -- thing I didn't mention is that we talked a lot about our involvement with the school district, and I know that Amy Taylor is here and she is also registered to speak about the school. One thing I would point out is that we did make specific provisions on our commercial tract for the ability to have public or private schools. I know she's going to be referring to the residential component of the project but I know that -- I just wanted to point out specifically, we did make provisions in the commercial tract for that type of use. Thank you. CHAIRMAN BUDD: Is there anyone else from your presentation team? MR. PIKES: No, sir. We're just here to answer any of the questions. CHAIRMAN BUDD: Any questions for the petitioner? Mr. Strain. MR. STRAIN: Start on Page 1 again, guys. Actually, the first question is for Ray. In your staff report on Page 4, second paragraph, you end up with a sentence that says, It is unknown for certain but appears that DCA was not consulted about these changes -- other than -- THE COURT REPORTER: I can't hear you. I'm sorry. MR. STRAIN: It is unknown for certain but appears that DCA was not consulted about these changes; however, there are no increases in the major DRI thresholds determinants. Now, that's talking about some past actions from the existing PUD. My issue here is if DCA has to be notified about all of this, which obviously they do, is the county intending to notify DCA about its use for that regional sewage plant, the wastewater treatment plant they are putting in the north end of this property. And if they are, why didn't they dovetail on the back of this DRI amendment so we could save some money. Do you know anything about these issues? MR. BELLOWS: I have had some discussions with our regional planning -- for the record, Ray Bellows. Can you hear me now? THE COURT REPORTER: Yes, thank you. MR. BELLOWS: I did discuss this with the regional planning council and they had sent me information that they determined this project not to have any regional impact. It's not a DRI, it's part of the settlement agreement. And there is a distinction to be made there. In regards to utilities and wastewater, I have -- just have to defer to utilities and Jim Delony. MR. STRAIN: I was reading that point. I thought it had to be done. Why are we just doing it now? It's not necessarily an issue of this meeting. I wanted to point it out to you. It's probably too late to do anything about it, so I'll get into the issues in which I have questions from my meeting with these Page 19 /�o Z /C .� October 7, 2004 gentlemen. On Page 2 -6 of the PUD document there is a section called Development Standards. Item 3, minimum distance between structures which are part of an architecturally unified group is five feet. I would suggest 10 feet as a minimum. As Dave just said, it's somewhat of a standard for this board, so that access to fire control and all that is a little easier. If I recall there wasn't much opposition to that in my discussions with these folks. MR. ARNOLD: That's correct. MR. BELLOWS: Excuse me. I didn't get that. Which table? MR. STRAIN: 2 -6, Item D3, under general permitted uses. MR. BELLOWS: Okay. MR. STRAIN: We haven't gotten to the development standards table yet but I'll get there. On that same page, Ray, in 2.12, Open Space Requirements, there is no minimum open space requirement applicable to the commercial office area. We have a code that requires that, but with a PUD they are allowed to offset that open space in the gross area of the PUD. In theory that means that the commercial area could be solid pavement with the exception of the minimum buffers required. I'm not sure that would be a good design. I asked yesterday if you considered a minimum percentage of open space for the commercial area just to make sure it's a nice looking commercial area -- or better looking. Did you guys come up with any number that might be applicable? MR. ARNOLD: I did, Mr. Strain. I went back and looked at the concept plan that we have and looked at some other standards for some other projects that we were involved in that were constituting mixed use. And I think a 10 percent commitment ensures that we have more than minimum buffers and additional open space. In all likelihood, when the final footprint is there we may exceed that. We've got two well field easements that we're trying to accommodate on that commercial tract as well that have a little bit of uncertainty in terms of how those will actually function. But I think we could indicate that there would be a minimum 10 percent open space for the commercial tract. And I think, just so everybody understands, in a mixed use project it's looked at as an overall number. And obviously for a project of this type with a 90 -acre lake, the open space numbers are far exceeding the county minimums. But I think that's a good -- a good point to make that we will provide that minimum 10 percent on the commercial tract. MR. STRAIN: I'm not so worried about your planning efforts, Wayne, you usually do a good job. I'm more concerned what happens if this is sold and someone else picks it up. He may look at that and liberally interpret it as tight as they want to make it. MR. BELLOWS: I understand. MR. STRAIN: Page number is missing but it's Section 3, Item 3.5 F(C). And your rear setback under your development standards -- this is under residential /golf standards -- is zero if abutting a golf course or lake, 20 feet if abutting a residential tract. I'm assuming then that the property lines don't go to the water, they hold the 20 -foot maintenance easement from the water, so that your zero still provides for a 20 -foot maintenance easement. MR. ARNOLD: Yeah. I think one of the clarifications, and I think it was an omission on my part, was simply that typically we would add language that says something to the effect that however, there should be no structural encroachment into required drainage easement. And I think that's typically something that staff and the applicant agree on. I know I wouldn't get through the plat process showing a structure in the easement, but obviously that's something that we should Page 20 /L/O.7 /ca October 7, 2004 clarify for the PUD document. MR. STRAIN: And under the Number 4A, parking requirements for non - residential uses, the restaurants in there have a different parking requirement if it's not open to the public, which most private communities aren't. If it is open to the public, the parking requirement would be larger. Are you stipulating it's going to be not open to the public or open to the public? MR. ARNOLD: Well, I don't think we were trying to stipulate either. But I understand your point after we discussed that, that if it is open to the public there obviously is more of a demand on that use. I think that for clarification, and we have no problem in doing so, that is if there would be any of the restaurant facility open to the public, we would provide parking at the typical restaurant rate. If that's -- I think is the concern that you had when we discussed that point. MR. STRAIN: Okay. On the development standards table, Table 1, in the bottom it says "distance between detached principal structures ". You have 12 feet with an asterisk 5. Under the asterisk 5 it says, "Building distance may be reduced at garages to a minimum of zero feet where attached garages are provided ". Now, I'm assuming you're saying zero feet from the accessory structure to the principal structure, but I want to make sure that your intention is that if the garage is attached to the principal structure and therefore really becomes part of the principal structure, that that garage still has a minimum 12 feet between the neighboring property. And is that a clarification that -- do you understand what I'm trying to get at? MR. ARNOLD: I do. And I guess it's really one of distinction. And maybe -- I think I understand exactly where you are headed. And typically what happens, it would be like a carriage home complex where the garage is probably physically attached to the actual principal dwelling, but in some cases the garage units themselves are attached to each other. But it was never intended that we would end up with zero setback between the next building and its set of garages. And I don't know exactly what language satisfies the planning commission to make that the case, but I understand when we discussed it am I going to have 400 garages attached to each other along the street, and that's certainly not our intent. I know that typically you end up with, in those carriage homes, eight units, and you end up with eight or ten garages because the end units could end up with a two -car garage configuration. But I think our intent was that we have a separation, obviously, to the next grouping of buildings. MR. STRAIN: I know that your intent was probably that way. But again, you're selling the property -- MR. ARNOLD: I understand your point. MR. STRAIN: -- your mass builder may look at it more flexibly than you are. MR. BELLOWS: For the record, Ray Bellows. I discussed this issue with Wayne, too, because I had the same concerns. And we looked at different kinds of language getting more and more confusing. Then he showed me a detail and that pretty much cleared it up. And maybe the only way to really solve it and make it clear is maybe to have a detail of that. MR. ARNOLD: I think that's certainly something we can do. And I think our idea would be that -- the intent here was to allow the actual garages to be attached for those units that they serve. It was never to allow multiple buildings to have unified garages, if you all understand that distinction I'm trying to make. And I don't know if we simply need to add a maximum number of units in any one grouping or a number of garages on one grouping or simply indicate that there will be a separation between -- MR. BELLOWS: Yes. MR. ARNOLD: -- the next building. Because in some cases we would physically have Page 21 z %c� October 7, 2004 ownership. If this were a townhome or an attached structure you would have potentially a land and ownership interest of the unit and the garage and that those then would be attached with zero setback. But then obviously there is going to be a break between the next series of buildings. And I guess whichever way satisfies the planning commission and staff in terms of specifying that. If it's a diagram that makes it easier, I'm happy to do so. MR. STRAIN: Ray, if you have an attached garage, isn't it then considered part of the principal structure? MR. BELLOWS: Yes. MR. STRAIN: Then why do we have asterisk five at all? MR. BELLOWS: Well, I think that's where that graphic came in, explains it pretty well when you have -- where the two- family homes I think is where that really comes in where they are basically attached at the garage end. MR. STRAIN: That's okay there, it's only the -- if you have a duplex, the next duplex has to be retained at least 12 feet away under any circumstances. That's all I -- MR. BELLOWS: I think he had another depiction of detached attached garages. MR. STRAIN: Do you feel though -- I mean, I understand what Wayne said -- MR. BELLOWS: Then it gets confusing -- MR. STRAIN: Do you know how to get there from this document? MR. BELLOWS: Yes. MR. ARNOLD: And I understand Mr. Strain's point as well, I mean, assuming that the garages are all attached to their dwelling units in some form. I think you're absolutely right, it may not even be necessary to have the asterisk at all. MR. STRAIN: Right. So that's what brought the confusion. MR. ARNOLD: Here is the one clarification I would make, Commissioner Strain, is that in some cases a garage, if it almost serves a courtyard function -- and in some of those carriage homes where you enter between the garage into a courtyard that then serves the home -- the intent was that those garages -- maybe that's where we need to specify it -- I know that in some other projects that's been held to a minimum of 10 feet, for instance, where they are detached or they could be attached, which isn't a problem under this language. So maybe it is the diagram that gives the greatest comfort. But I understand the intent. MR. BELLOWS: Let me tell you -- MR. STRAIN: Clear it up, that would be a very big help. MR. SCHIFFER: Do you have a copy of that diagram? MR. ARNOLD: I don't have one with me but I -- I mean, its a little sketch that I doodled for Ray MR. BELLOWS: Yeah, it was a sketch. MR. ARNOLD: -- but I think the real issue was where you have a grouping of buildings, that we're not somehow going to just have a series of attached buildings that carries on for an entire block or the entire street. Not so much that, for an eight -unit or ten -unit building, that you have its garages all attached to serve that building, it's when you make the break to the next building that you aren't going to end up with a line of garages that are all attached and then the buildings are physically separated, at least as I understood the concern from both Commissioner Strain and Ray. MR. STRAIN: I had some questions on the uses but you have basically everything in the ends. I see there's a use but I would rather hold off on any comments I make until I see if there is any public comments on them, if there's no concerns from the public -- area. MR. ARNOLD: I know that one comment that came up during our conversation, Mr. Strain, and I Page 22 16z /ca October 7, 2004 know Mr. Bellows also caught it, I think there was an error, potentially, in the commercial. It's Page 4 -2. One of those issues was under laundry and dry cleaning services, et cetera. MR. STRAIN: The power laundries. MR. ARNOLD: Yeah, I think the classification that was there referred to the power laundries, and I think what occurred is that one of the 7211 to -- I think it got cut off. It should have been, I think, 7215. I have my SIC code book. But when Ray and I discussed it this -- it may be just as easy -- all we really want, we're looking at something that's a pretty traditional shopping center configuration for the commercial tract. We would like the opportunity to have a dry cleaning, potentially a coin laundry. But if it's easier to simply say that we could have a dry cleaning station and a coin- operated laundry and not have to worry about the SIC codes for that specific thing, then that -- because the nuances of that are odd, rve never seen a coin - operated dry cleaning facility, for instance. If you read those classifications, that's how they read. And power laundries also include some other uses that also don't seem to be nearly as intense. So if that satisfies Mr. Bellows' concern and potentially yours, Commissioner Strain, that would be the way I would proposed to handle that. MR. STRAIN: That was one of the issues. The rest of them are really up to the area needs. MR. BELLOWS: Yes. MR. STRAIN: On Section 4, Item 6.21), you are asking for a sunset time limit "shall be three years from the date of approval ". And Ray, I was concerned on how that time limit is affected by the commercial aspects of the project because, while they may be able to commence the residential in that three -year time period and meet the percentage requirements, the commercial might likely be put off until the area builds out more. Does that come under a separate thing because it's -- how do you guys look at that now? MR. BELLOWS: I had a discussion with Mr. Arnold on this and I believe it was our agreement that you were going to just make it consistent with the LDC. And I thought that changes had been made to the document. I apologize for that. MR. STRAIN: These should be struck? MR. BELLOWS: Yes. Because it's going to be consistent with the LDC. MR. STRAIN: Is that -- Wayne? MR. ARNOLD: I think our intent was simply to be consistent with the land development code. Initially, as this evolved over the past year, we started out with five years because there were a lot of questions relating to Immokalee Road, Oil Well Road, Ave Maria. Things have fallen into place over the period of the year that we were here, so the five got changed to three, which is consistent with the sunset provisions under the land development code and now UDC, and our intent was to be consistent with those. MR. STRAIN: My next question -- to save the board, I'm nearly done -- 6.5A under water management it currently reads, "In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a three -day duration, 25 -year return frequency ". I would suggest that it should read, "This project shall be designed for a storm event in accordance with the rules of South Florida Water Management District at the time of permitting ". Who knows how the rules may change as a result of the last few months' worth of water we received. I would just want to make sure if the rules change we're not locked into something different because of this document. Is that acceptable? MR. ARNOLD: I think that satisfies us if staff is happy. MR. BELLOWS: That's acceptable. Page 23 /� z /(fc� October 7, 2004 MR. STRAIN: Under 6.5B it talks about excavation material. It says, "Excavation material may be moved within the limits of the MPUD, which is not to be considered off -site excavation ". I would just want to make sure that when you excavate Jim's lake that the material coming out of that can cross that part of the -- well, it's not part of the PUD, there's a separation there that shows up on your master plan between Jim's lake and the PUD residential area. You are allowing -- I mean, they should be allowed to move across that. It isn't part of the PUD though, so I'm assuming the language that's stated here will allow that flexibility. MR. BELLOWS: Yes. MR. PIKES: We may need to clarify that -- it also goes back and forth between Oil Well Road but also separates the project, though. MR. BELLOWS: I think I'll work with Marjorie Student and the petitioners to make sure that language is acceptable and clarify it. MR. STRAIN: In the past we have had some PUD terminology come through in which the transportation staff has added some ambiguous language. Somehow it got back into this PUD. And under the page under transportation, Section 6.7, just a few of them, F, H and I as an example all refer to the county's right to modify and close any such road determined to have an adverse effect on health, safety and welfare of the public or as determined by Collier County staff. It's in H. I think it's as the codes are written, not as determined by staff, unless it's as determined by staff in consistency with the code. I know I brought this up before and it was eliminated -- MR. ABERNATHY: It was eliminated. MR. STRAIN: Yeah. It was eliminated on the other PUDs but it's back in this one again. And I just want to make sure there are no arbitrary decisions, that everything's pursuant to what is in place. MR. BELLOWS: I have no objection to adding "to be consistent with current applicable codes in effect at the time of the site development plan" or -- MR. STRAIN: That's already been resolved. Should I ask any questions about the next item during discussion, because I have one question about that item. MR. BELLOWS: I have no objection to doing that, because those they are really companion items. CHAIRMAN BUDD: We'll take separate actions as far as our motions go but we can ask questions on that now. MR. STRAIN: Okay. There is a master plan shown as an attachment and there is language in here that talks about reservoirs being included in the prior PUD. I believe that language is going to be corrected and omitted because the agricultural reservoir that is Big Jim's Lake is not included in the prior PUD or is going to be used for your PUD as well. Is that -- MR. PIKES: We'll make that correction. That's correct. MR. STRAIN: And then in the prior PUD itself I understand your need to make the acreage changes and they are logical, but I see that on Section 2.04, and it's Page 5 of the prior PUD, there is another change. And what it does, it says "for site development plan approval'. It used to say "the provisions of Section 10.5 of the zoning ordinance shall apply ". Now it says "the provisions of Section 3.3 of the land development code shall apply ". Are they identical in terms of what they say, because your -- MS. STUDENT: Yes. MR. STRAIN: I don't want to put the owner of the prior PUD in the position that somebody else is changing their PUD. And other than that paragraph, the rest of it is simply an acreage change, which is understandable. MS. STUDENT: Mr. Strain, that was a question that I had addressed with Mr. Bellows and had Page 24 October 7, 2004 asked him about. Because when we amended this before for the school we didn't touch any of the other citations. If you recall there was an amendment to allow some educational facilities back in the, it was either late winter or early spring, and I had just asked Mr. Bellows why that one was being changed since it was a mere acreage change. MR. STRAIN: Is it something that should not be changed then at this point? MS. STUDENT: I'm just trying to go through here real quick and see if there are any other references to old code that were not changed. I don't know that it really makes a difference because 10.5 was under ordinance 82 -2, the site development plan criteria, and 3.3 is under the existing land development code. And under our new land development code it's going to be something else. So they would -- if they come in to do site plan they have to follow what's in effect at the time anyway, so I don't know that it really makes that much difference. MR. STRAIN: Well, I'll rest my case then. That's the last question I have. Thank you. CHAIRMAN BUDD: Other questions from any of the commissioners for the petitioner? MR. ADELSTEIN: I have one. CHAIRMAN BUDD: Yes, sir. MR. ADELSTEIN: In 4.6 you state that the maximum height would be 45 feet plus possibly 60 feet -- THE COURT REPORTER: I can't hear you. I'm sorry. Speak up, please. MR. ADELSTEIN: I'm sorry. The maximum height you specified in 4.6 is 45 feet. And in Section 5.2 you have made the maximum height of 35 feet. Is that strictly a difference between residential and commercial? MR. ARNOLD: It is. We don't foresee anything other than possibly two -story office -type buildings that could be constructed on the commercial tract, so we limited that height to 35 feet. CHAIRMAN BUDD: Other questions of the petitioner? There are none at this time. There may be some later. If we could hear from staff, please. MR. BELLOWS: I'll come over there. For the record I'm Ray Bellows. Maybe it's best over here. This petition is a companion item to an amendment to Orangetree where basically the petitioner is requesting to remove 616 acres from what was known as the Orangetree PUD to create a new planned unit development known an Orange Blossom Ranch. The petitioner has done an excellent job of explaining what the project is all about so I won't go into new detail there. The staff has reviewed this project for consistency with the comprehensive plan and with the settlement agreement for Orangetree. And our comprehensive planning staff has recommended approval that they found this consistent with the comprehensive plan. The transportation department has also reviewed this for consistency with their applicable codes and regulations and have recommended some additional right -of -way be provided for improvement of Oil Well Road, which is part of their ongoing plans to improve traffic circulation in that area. There is also improvement plans already in place for improvement to Irmnokalee Road confronting this project. So they are also recommending approval of this project. Staff has done a review of the compatibility of the project with Orangetree and, based on the mixed use nature of this and the mixed use nature of Orange Blossom Ranch, we are finding this project to be consistent and compatible. The issue of water and sewer is definitely a concern with staff, and we have been working closely with the utilities department and Jim DeLony, who is the director there, to ensure that we have proper, Page 25 /6 z Ica October 7, 2004 adequate public facilities. And at the present time I have received correspondence from them that those issues, there is capacity; and if there's not, they will have to provide capacity at the time of permitting. The new language that's passed out on the transportation issue, I do not object to. It is consistent. And the language concerning the potable package treatment facilities, I'll have to coordinate with utilities to make sure that they're acceptable with that. And we'll bring that recommendation to the board. I'll be happy to answer any questions. CHAIRMAN BUDD: Questions for staff? There are none at this time. Ray, do we have any registered speakers on this item? MR. BELLOWS: Yes, we do. Mr. John Sullivan, followed by Amy Taylor. MR. SULLIVAN: Good morning. Thank you for hearing me. I'm here -- I'm a resident of Waterways. I'm also the president of the association there, although mostly I'm talking as a resident not as a president of the association because we have two members here with me. We really want to see this project happen, okay. I want to go on the record to say that. Because we definitely need some commercial activity out there. But we don't want to put the cart before the horse. I know you all, you have to be aware of the traffic problems that we're suffering out there. And you know, to just add to that. I heard three years -- I'm dying to know when this thing is going to be on schedule here because we can't possibly do anything else out there now. It took us a half an hour this morning just to get outside of our development onto Oil Well Road, which is about a hundred feet. And we can't possibly deal with any more traffic out there. With the addition of the new high school and the golf course construction that's going on now, I mean, we're riding on pre -Civil War roads here. And we're trying to accommodate the equivalent of a small city out there. The discussions we've had with the county over the six laning of Oil Well Road from Camp Keys Road to Immokalee Road -- I mean they are not even going to get onto this, this was just added to the MPO's long -range transportation plan on June the 1 Ith. They are not even slated to look at this thing until 2007. 1 don't think we'll even get any traffic on it until 2010. I cannot believe for the life of me that the staff has completed a comprehensive evaluation of the transportation needs. All I've heard is that the -- that they are going to give you right -of -way to be able to extend the road. Well, that's great. We're all for that, that our tax money won't have to pay for that, that you're going to give them some kind of impact fee credits for that. But we need to have the road before we put 1600 more dwelling units out there and another 3,000 cars, not to mention the cars that are going to go to the commercial space. I don't buy the thing that people are going to have just short trips to use the commercial space. That's not true. Because everybody on Oil Well Road this morning is going to work, okay. And at 4:00, 3:00 in the afternoon they're all coming home from work. So the road has to be expanded. The other thing that really troubles us is the fact about the sewage and the wastewater and the drinking water plant. We're dealing with a utility now, gentlemen and ma'am, that can't handle the load that we've got now. I mean, we just received a notice the other day that they have been in violation of DEP standards with regard to our drinking water, and we're talking about adding another 1600 dwelling units onto the capacity of that plant. I mean, I've heard nothing that there -- and I see nothing in here that there is a stipulation to hold up any certificates of occupancy if the county plant isn't on line in time to address these dwellings. And as far as we know, the county has only purchased the property. I mean, we've heard here today that you've contracted somebody and you are making plans as to where you want to put it. Every time we ask questions as to where this facility is going to go, nobody seems to want to answer our questions. Page 26 /6.z 1ca October 7, 2004 The other thing is that we're afraid if this PUD is accepted with the school parks stipulation in it -- I guess the PUD now, you can correct me if I'm wrong, I don't know, I'm not a lawyer, I'm not a zoning attorney. But the PUD now did not provide for the three schools that we have there. A special exception had to be granted by the Board of County Commissioners to accept those schools and to get them underway. With this PUD here there will be a school park designation in the PUD. But my question then is, what would happen to ancillary facilities? As you may or may not be aware, we had a situation with the school district where they wanted to build a transportation facility out there, a bus garage, adjacent to our property line. And we asked the Board of County Commissioners not to approve that and they didn't. I'm afraid that this may bring this back if this happens, if it goes from agricultural to the special designations. I don't know, maybe you can answer our questions. MR. STRAIN: I'll tell you something, the young lady that can will be asked that question when she speaks. MR. SULLIVAN: Okay. I think that's about all I have right now. That's our concern. I just want to say before I sit down that we, we are very grateful to Mr. Paul for what he has done out there to this point and we look forward to this project being completed, but I think, you know, we want the county and the planning commission to think about what you are doing here. We don't -- you know, we want to see it but we want to see the improvements first. Thank you. CHAIRMAN BUDD: Sir, Mr. Strain has a question for you. MR. STRAIN: I have one question for you, sir. MR. SULLIVAN: Yes. MR. STRAIN: This is a sizeable project, no doubt. It's got commercial and a lot of residential. But immediately to the east it's a monster of a project. And that's been through this panel a couple times on different issues. And Pve heard no one object to the traffic that it's going to generate. I'm wondering, are we being very selective in our choice of which ones to choose to object to or are you going to be objecting to the Ave Maria as it comes aboard? MR. SULLIVAN: Well, that would depend on what improvements they have made so far to direct traffic away from us towards Immokalee. You know, we've received information that, you know, there is going to be a boom in Immokalee and that most of this traffic is going to be directed out towards Immokalee or towards 29 to get to 75. That -- so it really hasn't been much of a concern of ours. Where this thing is right -- going to be right less than a mile up the road from us. MR. STRAIN: There's a couple things I would suggest is that that university telling you that they are going to have people in Immokalee, it will be the same condition for this community too. If Immokalee is going to boom that fast, their direction may be to the east. I'm not trying to defend them, I'm just trying to -- MR. SULLIVAN: Oh, I wholeheartedly understand what you're saying. And I believe that what you are going to see is a lot of these people that are going to be working or whatnot at Ave Maria are probably going to be the people buying these homes and living there. MR. STRAIN: That helps your situation. MR. SULLIVAN: Yes. MR. STRAIN: That's what I was getting at. And also Ave Maria, I understand, is trying to be open around 2006, which would put them ahead, most likely, of this project. And I'll ask that question in a few minutes of the developer. MR. SULLIVAN: Well, getting back to -- you know, the county is depending on impact fee money from Ave Maria before they even begin the study phase of the widening of Oil Well Road. And I've Page 27 /4� Z ln� October 7, 2004 asked Commissioner Coletta and Don Scott and Norm Feder to look for other sources of funding, that we just -- we can't wait until these people start paying their impact fees to widen this road. You know, it's a very dangerous situation out there as it is. We've got a gazillion dump trucks a day out there competing with young kids that are just learning how to drive that are going to that new high school, as well as kids that are crossing Oil Well Road to go to those elementary schools and the middle school. And to just compound the problem with more traffic is crazy. I would ask that we kind of look at this. Yes, we want it approved, we want it to come. But we need to do it in a way that is safe and amicable to the community that's there and to the people that are going to be using that roadway. MR. STRAIN: Thank you. CHAIRMAN BUDD: Thank you, sir. Next speaker, please. MR. BELLOWS: Amy Taylor. MS. TAYLOR: Good morning. Amy Taylor from Collier County public schools, for the record. I was under the impression that we would have the viewer thing so I brought a very tiny map of what I'm going to be talking about. But I'll go -- MR. BELLOWS: I can hand it to them. MS. TAYLOR: Okay. And I didn't bring enough copies. I'll bring this one because it has scribbles on the back. But the first one, map I wanted you to look at was the elementary school zoning map, as our zoning districts are attendance boundary districts, in other words, and kind of reference that as I speak. But first I wanted to address Mr. Sullivan's question about whether we would have any interest in going back and requesting a conditional use change to the Orangetree PUD for the transportation facility. I can unequivocally say absolutely not. The superintendent is absolutely not interested in going that route whatsoever with that particular piece of property. Absolutely not. And you can call Mr. Baker on that one. We are actively, though, pursuing looking for property to provide a transportation facility out to serve the Golden Gate Estates residents, and we are doing that, but we will not consider that property again for that purpose. MR. STRAIN: Please don't consider Golden Gate Estates property either. MS. TAYLOR: I can't say a complete no to that. Okay. The reason I'm here before you is not to pick on this particular PUD. We have been so extraordinarily grateful to the applicant, and the benefits that we have been able to provide to the Orangetree community that's surrounding the Golden Gate Estates community, for the property that has been made available to us through purchase for Palmetto Ridge High School. In addition, also a clarification, for what was allowed in the original Orangetree PUD as far as schools, Corkscrew Elementary -- there was a specific acreage, 29 acres, I think it was, for schools in the Orangetree PUD. That just about fit Corkscrew Elementary. So in the correction that we made in the recent amendment to provide for the high school and the existing middle school was to correct that so that it would allow for schools within the Orangetree area. That gets back to my concern and the school district's concern about provision of schools within the Orangetree area and the wider Golden Gate Estates area. As you'll see as you look at this map, this is our projection of what -- the first map -- of the elementary schools that we will need in the next five years. The color blocks are those attendance boundaries of schools that already exist and are open and operating. The teal area is our newest elementary school that was opened up this year. That relieved -- that area was going to Corkscrew Elementary. The red area is Sabal Palm Elementary. That was opened two Page 28 16Z fc4 October 7, 2004 years ago and that relieved Corkscrew Elementary. Our -- as you'll note, the two newest schools, our two schools that are within the five -year plan are located in a strategic position also to relieve Corkscrew Elementary. The zone, the green area -- I'm just going to focus on elementary because it's easier to illustrate. The green area is the Corkscrew Elementary school zone at present. That has been -- it used to cover almost the entire Estates. That has been whittled away over the last four years to include that area. And if you'll note if you are familiar with some of the uses out in that area, a good portion, four sections, is Heritage Bay, which has no units at this time. And so it's -- once that, actually, Elementary L will be open and Heritage Bay also has a school site within there that will be broken off the Corkscrew Elementary attendance boundary. We almost have to build an elementary school probably no less than every four years to be able to relieve Corkscrew Elementary. It's one of the fastest growing areas in the county, one of the fastest growing schools in the county. We constantly have to be conscious of it. There will be -- with 2100 units already approved for the Orangetree PUD, 900 have been built as of a September PUD list. This -- we took the Orangetree area and calculated how many students from that 900 units that are already developed are students attending public school. There are 517 students that are attending public school from the Orangetree PUD area alone. This means .57 students per household. If you, if you multiply that by the 2100 units already there, already approved, all that they need -- all they need is a building permit, that's -- equates to about 1197 additional students within the Orangetree area as it is. And also, these communities, we're already factoring in historical growth in coming up with that .57 per household. As you know, some of our areas in the county -- and it's hard to predict, you know, you can kind of look at various factors -- their existing homes, the families are converting. They are converting into maybe retiree, from retiree concentrated areas to young family concentrated areas. And certainly Golden Gate Estates is an area where families have been attracted to. And that may happen more and more with the Orangetree area as we go along. So the .57 only accounts for what the growth has traditionally been in the past five years. With an addition of 1600 dwelling units in the area, if you do your math or if I did the math for you, it's 912 additional students that we need to account for. In the interlocal agreement between the county and the school district, there is a provision in there that recognizes that PUDs, since they are the most prevalent zoning district in the county, that we will be giving special consideration when PUDs come before you, that we will request for consideration that we be a permitted use. Just recently with the adoption of the interlocal and a new legal determination supported by the school district as well as county staff -- we don't question it -- is that there was a change. In the past schools really located in areas where they thought, irregardless of zoning district, where they thought schools would be needed and where -- and that was dependent on where the students were located so that we could locate near student populations for walkability and access, and to become integrated into that community. That worked well. And if you look at the zoning districts that we are now located in, they are residential zoning districts. I understand from this that we are actually listed as a permitted use in the community facility. That won't work. We are listed as a permitted use in the commercial. We have never located in a commercial district. And I think there are probably -- the argument that there really is a need for additional commercial would kind of take that out of the picture, and it's only 44 acres. We have traditionally located in residential district and/or PUDs, residential PUDs. One that comes to mind is the Vineyards is a PUD that we've located in. Calusa Park Elementary, it's in the Bembridge PUD. There are -- most of the schools that you see and we interrelate with and find as part of Page 29 /6 z Ic 4� October 7, 2004 the network of your community is -- Pelican Marsh, that's within a PUD. Some are in residential Naples Park, Lakes Park and so forth. So I think there's a good case and I think we all agree that schools preferably should be part of residential areas, be linked to in some way. I'd hate to see -- because about 80 percent of the urban areas are PUDs, that we find that we have to distance our schools away from where students live, that -- I'm going to be here all the time. This is my first time, in coming here and talking about this issue, but I will be here very, very consistently with regard to the PUD issue and making this request of the planning commission and the Board of County Commissioners on allowing simply this, that we be listed as a permitted use within the residential district of a PUD or a community facility if that land is adequate -- and in this situation it's not -- that we be at a minimum listed as a permitted use within that PUD. Not -- we're not asking for a dedication as you would in a DRI, this is under that threshold. We're not asking to be below market value or anything like that. We're asking at fair market value we have the opportunity to be able to -- if needed. Now, we're not saying we're going to actively pursue this, but if needed, we can approach the owner of the property and begin negotiation to move forward to build a school. So we're not picking on these -- this particular PUD for any particular reason other than that area is, is an area that is growing significantly. I ask that you consider this. We have made some heroic attempts on both parties to meet with each other and talk with each other, and we keep missing each other. About the time that the hurricanes started, I know that's an excuse for everyone right now, we began to start trying to meet with each other and never were able to. I think there is an understanding of our situation with the property owner, from what I understand, and we just -- we just ask you that you consider this as -- to list as a permitted use in the PUD. Thank you. CHAIRMAN BUDD: Mr. Strain has a question. MR. STRAIN: Amy, the property that the school bought from the existing developer adjacent to this project, I don't know what the school board's intent was at the time they both that property, but I do know they got an extremely good buy on that property -- MS. TAYLOR: Absolutely. MR. STRAIN: -- far, far better than they should have hoped for at the time. There were lucky. Were there any provisions in this contract of sale that talked about the use of that school for these students from this PUD or an agreement with the school board not to pursue additional lands within the PUD as part of the sale of that initial property? MS. TAYLOR: There was agreements about interconnectivity between the -- between the Palmetto Ridge High School and the adjacent property. We were aware that he was going through the amendment process, through the state in evaluating, pulling out of the settlement area, that currently -- that his property that's before you today for consideration is within the attendance boundaries that will attend those three schools. MR. STRAIN: If you knew that he was going through this process, why then didn't the school purchase more properties from him at the time and get a big enough site rather than come in at the 11th hour at this point? MS. TAYLOR: Yes. The 11th hour is for this reason. MR. STRAIN: Hurricanes, right. MS. TAYLOR: At the point at which we were talking with him and all of that, there hadn't been a significant change in -- coming from DOE, the state, that resulted from the class size reduction amendment. And I failed to go over that today. The five schools that you see in -- located as new schools for Collier County, five elementary Page 30 14 Z /CZ October 7, 2004 schools, are a result of class size reduction amendment. In our five -year plan we had only scheduled one new elementary school. As a result of class size reduction, where we have to actually physically build more classrooms to accommodate, instead of 24 students in a classroom, 18 students in a classroom, that means more classrooms. That means more schools. So since that time that has been a big shift. There have been some battle -- not battle but kind of a delay in the state providing that we were what the guidelines were, you know, what its impact was going to be, what our work plan ought to look like, and until probably just a couple months ago we didn't have any real clear guidance as to what they were going to say, how we were supposed to prepare our work plans. When we did get that guidance, one resulted, one elementary school resulted in five elementary schools based on the calculations of the impact. So that, again, is the sense of -- you'll see a sense of urgency, particularly when in 80 percent of the urban area we're locked out. So -- MR. STRAIN: Is that in addition you're asking to have a permitted use school system, school site? MS. TAYLOR: Yes. MR. STRAIN: Does that open the door for any involuntary taking on your part, because you had the opportunity to voluntarily work with a developer and buy more land. I would hate to see you now use his need for a PUD to leverage an involuntary position on the school board's part. And I don't know if an attorney here can answer that question or not. But I would want to make sure that if it's a permitted use it's on a voluntary basis and negotiations the school may or may not be able to work out with the developer are not used to force him through some involuntary action. MS. TAYLOR: I'm not sure about all of the eminent domain, you know, requirements or powers that the school district has. It's a separate issue from whether you are permitted in an area or not permitted in an area as far as actions either by the board of planning commissioners or by -- through an eminent domain and judge process. I could say, you know, this about that. Even if it was not permitted, we could still going through that kind of action if we chose to. One isn't predetermined on the other. MR. STRAIN: Then why do you need it? MR. BELLOWS: For the record Ray Bellows. I think -- I discussed this with Amy Taylor and I think the intent is so they won't have to amend the PUD afterwards, and it's claimed that's what happened in Orangetree -- in going through the PUD that school is a permitted use. It just eliminates that step. If they find they really need that -- residential lots or lots within Orange Blossom Ranch, they are making whatever -- taking whatever steps they have to take to acquire that property, it's just one less step that they have to do to amend the PUD, also show that as a permitted use. MS. TAYLOR: And there is a prerequisite for that. I mean, like I said, in Vineyards, Lely PUDs, we're listed as permitted uses. In the Lely PUD, for example, we have an elementary school site that's located in there. There wasn't -- there wasn't a specific property area defined for it. We were able to locate property in there. So it's -- there's a -- Vineyards, I think, was the same way. There is a precedent for that being permitted as a use within a PUD. Residential districts, we're permitted uses, we don't -- we go through the site development plan process which is very, very articulated now in an interlocal agreement in the land development code. MR. STRAIN: The projects you cite are substantially larger than this project. They have a lot more acreage to potentially give up in a percentage of the ratio basis, to what you would need. And I don't have an objection to schools. Think they ought to be wherever they are needed. But I certainly think that in planning ahead, and I know you weren't with the school at the time this was done, you were with the county. But good planning would have predicated them to negotiate that when they Page 31 icy October 7, 2004 bought the other property and not come in now and try to do this at this hour. And I understand your position, and I'm not saying you're wrong. I just think it's difficult. MS. TAYLOR: I think that's where we're going to have to head, though, with PUDs. I don't think we have much of a choice, because there is nothing in the land development code that says, before an applicant can come in with a PUD amendment or a PUD, new PUD, there's nothing that says in the code you must meet with the school district, you must demonstrate that you've met with him or anything like that and they've kind of said you're fine or go ahead or we're not interested or anything like. And that is the most prevalent subdistrict in the county, you know. MR. STRAIN: Why don't you propose an LDC amendment to have that language added. And the next time the cycle comes up we could -- that sounds reasonable. I don't know why we don't do it anyway. CHAIRMAN BUDD: Ms. Student. MS. STUDENT: I don't think there is any problem in having it added to a list of permitted uses because it just means they have the ability to do it, it doesn't mean that we are saying to the developer you have to dedicate a certain amount of land to the district for the school. It just would give them the ability, if they can negotiate something with the developer, to do that and not have to come back to us to get the PUD changed to reflect it. But by putting it in there it doesn't mean that we're saying that it has to be. It's giving flexibility in the document for the school district to be able to negotiate with the developer. CHAIRMAN BUDD: Mr. Pires, can you address that item? MR. PIRES: If I could briefly, yes. And as you can tell from the negotiations and discussion that we have had in the past, I think Amy graciously also mentioned it and the planning commission mentioned that the fact that Mr. Paul about three years ago, I believe, sold 135 acres to the school board at well below market rates. And he's just that kind of individual, very civic and community minded. And what we've done in the PUD by virtue of having the commercial area, it's typical of the, what -- the school she mentioned, Pelican Marsh Elementary, it's on Airport Road, a major arterial, and it's about 20 or 30 acres out of a 2000 -acre PUD. Vineyards Elementary, it's on Vanderbilt Beach Road, is now being expanded over by I -75. It's on the fringe of, again, a multi- thousand acre community. It's a relatively 20 or 30 -acre elementary school site. Here we have 135 acres this individual has already conveyed or sold to the school board, and we have provided it, as Ms. Taylor mentioned, in the commercial area, which is 42 acres. That is a permitted use. And it abuts, guess what, a major roadway, and it's on the outside, which is typical of the representation that she made. To say in the other 500 acres it be located anywhere creates uncertainty for the residents in Orangetree. You heard Mr. Sullivan mention before that, you know, they went through the rezoning process on the school site and they had the opportunity for good public participation. If it's an eminent domain proceeding, if the school board decides to utilize it, we have an unwilling developer or seller or property owner. Then arguably it could be acquired anywhere within here, which creates uncertainty for them in their marketing and developing, as well as any other members of the community within this area. We are not talking about a designated site. We believe a designated site has already been indicated on the commercial and that's adequate. We believe that that's well addressed. If they wish to acquire additional property and then rezone it, that gives the public a complete opportunity to have the full participation and involvement that's the hallmark of this commission and the county commission. So we don't oppose the school board but we have concerns at this late moment. We've been working with them, like I said, for almost three years. Page 32 /6z lfa October 7, 2004 MR. STRAIN: I agree with you, Tony. I don't like this coming in at this late hour, but if there's a way to accommodate it maybe we can. I want you to consider, your examples showed that the schools in the other locations are on major roads. If they were to stipulate that schools be a permitted use only if located along Oil Well Road frontage, would that work? Then they can negotiate with your developer. If they get to the price and they get to an agreement, fine. If they don't, they move on eminent domain, and your attorneys can take all of the money on the issue. MS. TAYLOR: I'm going to maybe provide -- MR. PIRES: Could we put that clause in there also. (Laughter.) MS. TAYLOR: I really want to provide some assurance that we have no designs on it at this point. We have the locations within our five years that we are going to be locating in. It is just, it is just -- the changes that may occur in Orangetree, there's the fact that we're not permitted, we're not going to be permitted in these PUDs, that is of great concern with the additional amount of units that has not been factored in before. So that may, again, influence our five -year plan. MR. STRAIN: I think if you were to stir the pot to get the county staffs attention to include schools into consideration, I think you did it. MS. TAYLOR: That's my purpose. MR. STRAIN: You are there. MR. BELLOWS: And if I might add, I suggest you coordinate with Russell Webb and myself and we can discuss how that could be done. MS. TAYLOR: Great. CHAIRMAN BUDD: Mr. Schiffer. MR. SCHIFFER: Just a quick question, more for future projects. What is the acreage that an elementary and middle and a high school need? MS. TAYLOR: Currently it is 20, 30 and a minimum of 40. We like 60. However, land costs, different ways of being able to develop property and schools, that may change. We may try to map -- because -- we may try to put it on a smaller footprint as a result of the land costs and competitiveness with various properties. But that could be imminent, that change. CHAIRMAN BUDD: Mr. Adelstein. MR. ADELSTEIN: No. CHAIRMAN BUDD: Any other questions? Thank you, ma'am. Other speakers, Ray? MR. BELLOWS: No other registered speakers. CHAIRMAN BUDD: You have a question for Mr. Bellows? MR. ADELSTEIN: Yes. Has there been a traffic study on Oil Well Road? MR. BELLOWS: The petitioner submitted a traffic study with this project. And I have Alon El Urfali here and maybe he can -- Alon -- provide some information about the traffic study. MR. EL URFALI: Alon El Urfali, good morning. Transportation planner. We saw a TIS on this with the application and we've reviewed it. MR. BELLOWS: Yes. I didn't -- I have a copy. MR. EL URFALI: What I would like to say, a couple things about the traffic congestion in this area and concerns, one thing I would like to add is that, number one, we're running concurrency in the county right now, and that basically we would not issue any COA if a future development comes on line that will impact the level of service up Immokalee Road. Page 33 l6-z 1c2 October 7, 2004 Oil Well Road and Randall currently is not in our concurrency segments. We are planning to add those next year with the new UAR. We're also planning on widening Oil Well Road and Randall. We're looking into a four or six, we don't know yet. Currently Immokalee Road is being constructed to a six lane facility from 43rd to 951. And from 951 to I -75 we're looking to do a design -build on that, so -- MR. ADELSTEIN: I gather from what you are stating that there has been no traffic study on Oil Well Road. MR. EL URFALI: I haven't seen one in particular for Oil Well Road. MR. ADELSTEIN: So as far as we're concerned it could be an F now. CHAIRMAN BUDD: It's got to be. MR. ADELSTEIN: I'm just -- MR. EL URFALI: We have some counts on Oil Well Road. MR. ADELSTEIN: The question is, if it's an F how can they get a building permit. I mean, how you can we approve a building permit if we're dealing with a road right now that's an F? MR. EL URFALI: I see your point. CHAIRMAN BUDD: Mr. Jarvey, can you shed some light on that? MR. JARVEY: I'll try. And it may be a confusion. If you're talking about a traffic study, like a corridor study, for Oil Well Road for what they need, four lane, six lane, whatever, I don't believe we're to that point yet. So, you know the predesign -type traffic study. If that's what you're talking about we're not there. But as part of our traffic study that we did, which is just about a year old now, we did evaluate Oil Well Road with this project, and I'd have to look at it exactly, but it's roughly at 40 or 50 percent capacity of Oil Well Road now with the traffic as of last year. THE COURT REPORTER: Can you identify yourself, please. MR. JARVEY: I'm sorry. Reed Jarvey. MR. MIDNEY: What is the rating of the roads leading out of Orangetree onto Immokalee Road now, because I've seen horrible traffic there. MR. EL URFALI: We know about it. We're addressing right now -- we're addressing some concerns when Oil Well Road intersects Immokalee Road. MR. MIDNEY: But there is no letter rating there currently. And if not, why not? MR. EL URFALI: Well, like I said, I think we have some counts and Don Scott has done some preliminary work on it. And I don't think it's at a level of service F. Don't take my word for it, though. MR. ADELSTEIN: I know that's a problem. And as far as I'm concerned I can't vote in favor of this if there is a possibility it's a letter F. And we know that they have -- it's got to be fixed within two years. I have to know that that's available. MR. MIDNEY: How can we not know what the letter rating is? MR. EL URFALI: It's not on our inventory right now for concurrency but we do have some numbers on it. We do have some figures on it. MR. JARVEY: Reed Jarvey again. It is not on the concurrency management system as of today, we speak, is what Alon is saying. And it's going to be put on it because of all of the interest. Remember, the concurrency management system was done over a year ago and most of this interest in Oil Well Road specifically has happened within the last year. So they are putting it on the system but it has not been there yet. MR. ADELSTEIN: I'm not faulting you for that, I'm saying -- MR. JARVEY: No -- and I have -- I'm following up. And I have counts. This is counts we got from 2002. I don't have 2003, but assuming it's roughly the same, Oil Well Road west of the project, which Page 34 X62 /ca October 7, 2004 I'm sure is east of Immokalee Road, is what they are looking at, 6,667 as of 2002. That's daily traffic. That MR. STRAIN: What's that road rated for? MR. JARVEY: And I have to convert it so -- because I do peak hour and I have a peak hour number. MR. STRAIN: -- gives you level of service -- MR. JARVEY: Peak hour is -- peak hour, peak direction is about 350, and that road would probably be in the 9 -- I think it was 920, is that road? So it's roughly in the 40 percent -50 percent range as of 2002. Now 2003 -2004, yes, it's probably a little higher than -- obviously it's gone up a little because of construction, but it should be roughly in the same area as it is now. MR. MIDNEY: I know that if you are trying to go from Immokalee to Naples it takes a long time to wait because all that traffic is trying to come out of there and you just have to slow down to a crawl, it's bumper to bumper. MR. EL URFALI: On Immokalee? MR. MIDNEY: Yes. To try to get from Immokalee through that area, past it, that's the worst part of the whole commute from Immokalee to Naples, is right at that intersection. MR. ADELSTEIN: Are you talking Oil Well Road? MR. MIDNEY: Yes. It's that whole area, it's not just Oil Well, it's just traffic coming out of Waterways and Orangetree, it's really, really slow. And I cannot believe that that's not an F. MR. JARVEY: You're talking Immokalee Road. MR. MIDNEY: Yes. MR. JARVEY: Immokalee Road is in the process of being six laned, I mean, as we speak, so -- MR. MIDNEY: I know there is construction going on there, but I also know there is a big wait, that that's a real big bottleneck right now. And I'm surprised that there is no rating for that. What is the criteria where you do decide to put a rating on the road. MR. EL URFALI: The rules for the concurrency is to include the improvements to the road within two years. MR. MIDNEY: Well, I'm interested in what the road is now. MR. EL URFALI: On Immokalee? MR. MIDNEY: Yeah, at that point. MR. ADELSTEIN: Immokalee and Oil Well. MR. EL URFALI: Well, you see, that's what I'm trying to say is that the added capacity that we're going to -- once the construction is complete, is already on the books because of the two -year rule. MR. MIDNEY: What about now? MR. EL URFALI: Now it's probably at capacity. MR. STRAIN: This project, if approved today, is not going to be on the road now. And my question to you is, when will Oil Well Road be approved. And my question to Tony would be, when is this project's first CO going to be theoretically obtained. If those two are dovetailed together, you've got a pretty good situation. MR. EL URFALI: Yes. Well, we have it on our five -year work program so we're going to -- we're going to add it to the concurrency segments next year. So once it's on our concurrency segment and within our database, we wouldn't issue a COA if it's over capacity. MR. STRAIN: So if you have it on your five -year work program -- MR. EL URFALL• Yes. MR. STRAIN: -- and if they came in and applied for a permit to build in one year, but your five -year work program, it didn't happen until the fourth year, you wouldn't give them a permit if it Page 35 October 7, 2004 happened within the one year, so that you could time their issuance of building permits to the completion of that road, then you would give them a permit. MR. EL URFALI: Right. MR. STRAIN: That's what I thought. And my question to Tony then is, when do you think your first units appear to even remotely come on line in a project of this size and what you still have to go through involving Corps permitting, South Florida permitting, Collier County permitting, which is longer than the Corps sometimes, but all those issues you have to go through. MR. PIRES: From brief discussions with Mr. Arnold while this issue was being discussed and brought up, I'm going to anticipate possibly late '05, early'06 for the first units to come on line, by the time we go through the ERP and the planning process. That would be the optimistic time frame. We all know that that's pretty aggressive and optimistic but I've seen it much later than that in many other instances. Wayne, correct me if I'm wrong. MR. ARNOLD: That's correct. MR. PIRES: I think late '05, early'06. We're not talking all of the units coming on all at once but, you know, a typical development, one or two. MR. ADELSTEIN: One of the comments we got from this gentleman was that it wouldn't even be on the agenda until'07. So that means it would start at'07 to be created. Now you're talking about it being, you're going to need it in'07. Those two things don't add up to me. MR. PIRES: Well, I think one thing that we did hear from Mr. Jarvey, though, was -- at the time of the traffic impact, Oil Well Road -- to go back briefly. The concurrency management system, which is the legal mechanism that needs to be utilized as to whether or not development orders and building permits can be issued for certificates of adequate, you know, public facilities can be issued, a roadway segment needs to be on that concurrency management plan. And Oil Well Road it not currently at the present time. But it will be within the next year. So from the technical legal perspective that's why people are getting their COAs out there at the present time even though there may be issues. But then Mr. Jarvey indicated that there isn't an issue. At the time of the traffic study it was 40 to 50 percent on Oil Well. We're not talking about, you know, the bottleneck that occurs on Immokalee Road but Oil Well Road itself. And Immokalee Road is being taken care of by that road project, which should make it six lane the latter part of '06, early '07, to the best of my knowledge, at the latest and that's 18 months. So I think what we're saying is that this particular project, the timing, we believe, all works out well by virtue of the current capacity of Oil Well, the fact that it can handle additional traffic, that it won't be on the emergency management system until at least a year. But even then it will be in the five -year work program at that time so we believe it will all come together. And all 1600 units don't come on line all at once. I think everybody has that particular possible thought of that happening, but the county's concurrency management system will provide adequate protection for the roadway networks and utilization of it, that's why it's there. CHAIRMAN BUDD: Mr. Strain. MR. STRAIN: Are their intersection improvements scheduled for Oil Well and Immokalee Road with the current improvements that are going on with Immokalee Road right now? MR. EL URFALI: Yes, we do. We have some constraints, though, because we don't have the same right -of -way at the intersection with Innnokalee Road as we're going to have with this PUD going through, so we're going to have some constraints here. And that's where we're thinking maybe a four -lane facility here on Oil Well and then a four lane on Randall will suffice. Page 36 October 7, 2004 MR. STRAIN: North of that intersection of Oil Well, isn't that a lake there? MR. EL URFALI: Yes. MR. STRAIN: Why do you have constraints then? MR. EL URFALI: Well, the right -of -way constraints, in other words -- MR. STRAIN: That's owned by Waterways and they are the ones complaining about the roadway. Won't they give you the right -of -way needed to alleviate those constraints? MR. EL URFALL• There is already build infrastructure, there's already development right there on both ends. MR. STRAIN: I know there is on the south. I thought there was a lake on the north. MR. EL URFALI: There is a lake on the north. It is actually this stretch right here, the development to the south and of course the school and this development over here. So this portion right here is where the bottleneck is for right -of -way. And when you come to the intersection right here, of course, you know, we're going to need some additional turning lanes to accommodate the impact to this intersection. MR. STRAIN: And you couldn't get those by expanding your stacking capabilities at that intersection through right -of -way expansion just at the end where the lake is? MR. EL URFALI: To the north? Yeah, we're looking at it right now. MR. STRAIN: That's what I was asking. CHAIRMAN BUDD: Mr. Schiffer. MR. SCHIFFER: In the concurrency do you rate the intersections or just the roadway? MR. EL URFALI: Just the segments. CHAIRMAN BUDD: Mr. Midney. MR. MIDNEY: Is the reason why the traffic is so bad there now that concurrency was not in place at the time all these units that are now recently going into that road came into play? How has it gotten so bad? MR. EL URFALI: I really can't, you know, I have been here two years. The segments that we have had have been basically taken over from the AUIR, which you know of And so far these two roadways were not considered at that time. And we took over the concurrency segments in March of -- March 15th of this year from the AUIR for 2003, and the 2003 AUIR didn't have those. MR. MIDNEY: I'm just concerned that at the time when supposedly we have concurrency that this situation could have now, it's just recently become so bad; am I not correct? CHAIRMAN BUDD: Mr. Jarvey had -- MR. JARVEY: Let me address two parts of that. First off, Commissioner Strain's comment. I don't have the Immokalee Road improvement plans with me because I didn't know this would come up. But I have looked at them, and if I remember right the Immokalee Road improvement plans do add another lane for turning on, I guess it would be westbound to southbound on Immokalee Road. That's what I remember seeing. So there is some improvement with the six laving of Innnokalee Road. Obviously it will be improved greater when they look at doing Oil Well Road. And the other thing is the concurrency management system, we've talked about it for like three years now, but it really didn't come into the land development code until March or late -- early in the year, actually formalized in March. So, I mean, there's some catching up on the concurrency management system itself that we haven't got to. Now the building and road program has been going on since about four years now seriously into accelerating roads, and one of the problems with Immokalee Road if you might remember is first was their environmental permitting issues that delayed it a certain time, and then there was a little issue with the clerk of courts that delayed it a few months also. So that Immokalee Road is a little behind what it was Page 37 /1 /Ccz October 7, 2004 originally planned for. And I don't know exactly, I don't know if Alon knows, but probably in the year or so range behind. So I think it's getting there but we're not there yet. But in another 18 months Immokalee Road will be six laned in this area or will be approaching six laning in this area and that will clear up a lot of the backlog on Immokalee Road. And it's in the construction stage now so it's, you know, construction stages there is going to be problems with getting clear capacities. MR. MIDNEY: How often are roads rated, or re- rated, I should say? MR. EL URFALI: We take counts every year. MR. MIDNEY: So every year -- MR. EL URFALI: Every quarter we take counts. MR. MIDNEY: And so this road, why hasn't it -- why hasn't it recently been re -rated for this segment, I should say. MR. EL URFALI: The rating for Oil Well Road is a two lane, basically rural highway, and there's standards for that level of service that we use from FDOT, and that's what we're using right now for that road. And that's what was used, you know, as of -- as basically a gauge for us to know where it's at right now. MR. MIDNEY: But you say the last time it was rated was around 2000 -2001? MR. EL URFALI: Yes. Well, we look at it -- according to Don Scott we look at it every year with the inventory. But if it's a rural highway and it's basically FDOT rated, then you know, we don't, I mean we don't put it into the AUIR until it becomes an issue. MR. MIDNEY: I agree that in 2000, 2001 that road was doing well, but, you know, it hasn't been doing well now for some time, and it concerns me that it hasn't been re -rated in the last three or four years. MR. BELLOWS: If I may, for the record, the purpose of this petition is to determine the impact of buildout or as the phases of this project go along and up to buildout. And my understanding talking to the transportation staff is we have plans in place or that will be in place for concurrency management that will prevent the building permits from being issued unless there is concurrency. MR. EL URFALI: Development orders. MR. BELLOWS: Excuse me, development orders. CHAIRMAN BUDD: Mr. Strain. MR. STRAIN: I think all my questions have been answered at this point in time. I understand your capacity issues and I understand your intersection improvements, and I'm satisfied. I'm satisfied with your responses. Thank you. CHAIRMAN BUDD: Mr. Schiffer. MR. SCHIFFER: None. CHAIRMAN BUDD: Any other questions? Okay. Are there any other public speakers? MR. BELLOWS: No other speakers. CHAIRMAN BUDD: Any wrap -up comments by the petitioner? No issues I'm aware of Is there anything you particularly want to address? MR. PIPES: Nothing unless there is specific -- MR. STRAIN: There is one issue. You were going to talk to your developer about the possibility of using the school as a permitted use along Oil Well frontage road if such a deal could be negotiated. MR. PIPES: If it could be on the north side, that would be appropriate, designated along the north side of Oil Well. MR. STRAIN: That's where I was thinking it would be anyway. Page 38 /6.7 1 C October 7, 2004 MR. PIKES: Once again, this is something that we have been drawn to that particular condition because we have worked with them so long in the past, and this is an issue that has arisen at the 1 lth hour, unfortunately. MR. STRAIN: If it was along the north side of that Oil Well Road and there was a stipulation that if the school did negotiate a location there, that any movement needed to accommodate the school that would be required by the commercial, that could be done along that same frontage with no -- and then be considered an insubstantial change -- so you wouldn't have to go back through the whole process because of something the school board did. MR. PIKES: I think that would be acceptable. MS. TAYLOR: I just want a clarification. The north side limited to -- MR. STRAIN: The whole frontage. And if you guys -- what I was trying to say is if you negotiated a section contiguous to the school you have, which is logical, instead of having to come back in for a plan amendment to move the commercial over to the east, we would provide language now that -- it would become an insubstantial change we could give them administratively without a lot of process in that regard, because that's logically where commercial would go anyway. MR. PIKES: And we would also like to limit it to no more than 20 acres because, again, to go bigger than that would substantially alter the development scheme. MR. STRAIN: Okay. MS. TAYLOR: If I could say that there are three schools already on the north side. There are no schools on the south side. There are -- so that is also a concern. You're going to have people -- kids crossing the street and so forth. I just want to maybe leave that, hopefully, as an open question that -- still say Oil Well Road but that it could be on either side. CHAIRMAN BUDD: Okay. We'll close the public hearing. MR. PIKES: If it could just be an education facility. We don't want a bus barn being on the north side either. CHAIRMAN BUDD: We're trying to correct a motion that hasn't been made, so we'll have that discussion when we get to the motion. Okay. Any final comments, Mr. Arnold? MR. ARNOLD: Mr. Chairman, I apologize. Mr. El Urfali just asked me if I could put on the record that there are apparently a couple of our standard conditions that are in the PUD language under transportation that have been modified slightly since the version that we're working from. It's the standard language that we're seeing in all the PUDs. I have no objection to inserting the most recent standard conditions. I just wanted to put on the record that that maybe a modification that we would be making between now and the board meeting to the document. CHAIRMAN BUDD: And Mr. Sullivan, I'll exercise extreme discretion and hear your comments. MR. SULLIVAN: I have to do that often myself. I would like to offer -- these were provided to me by the MPO and they are traffic counts that they project now for Oil Well Road in the future, and that's why they accelerated it and put it on their 25 -year plan. And I would just like to say that 2001, that study, as you can see on there some of those are projecting 96,000 vehicles at peak time in that certain area that we were discussing on Immokalee Road, not on Oil Well Road, but you can see a jump on Oil Well Road. And also 2001 is when they did the last traffic study. Well, that was before Waterways was built out. That was before we had the new high school. That was before we had any of this real construction that's going on out there. Page 39 /Z 2 Ac ,?� October 7, 2004 And I would just ask that some sort of stipulation be placed so that we don't have an additional burden on what we have got now. CHAIRMAN BUDD: Thank you, Mr. Sullivan. Mr. Pires, your final comment. MR. PIKES: I believe Mr. Sullivan indicated 96,000, but it's probably more like 9600. I think Mr. Jarvey will be able to tell you that -- CHAIRMAN BUDD: He was talking about Immokalee Road. Mr. Jarvey was referencing Oil Well Road. MR. PIKES: But even Mr. Jarvey will tell you even the interstate doesn't have 96,000 trips. MR. SCHIFFER: It's 9600. MR. PIKES: Ninety -six hundred. Thank you. CHAIRMAN BUDD: Now, we are closing the public hearing. If we're looking for a motion, Mr. Strain, would you like to offer one? MR. STRAIN: Yes. And before I start, Ray, we've gone through the PUD, we have made a lot of stipulations on the record. I wrote most of them down, but do you need all those repeated in the motion or are you comfortable with -- MR. BELLOWS: I wrote every one down. But if you can follow up with maybe sending me a note afterwards. CHAIRMAN BUDD: Or do you want to read them into the record? We have a court reporter. MR. STRAIN: I'll read them into the record. I would like to make a motion that we recommend approval PUDZ- 2003 -AR -4150 to the BCC with the stipulations that were placed on record today, amongst which I hope to include all of the following: One, that new transportation language be accepted, Item L. Two, that the temporary potable wastewater systems, the individual potable wastewater systems be referred to as interim potable wastewater systems. Three, that there be 10 feet minimum between structures under the general development standards. Four, that 10 percent of the commercial area should be allocated to open space. Five, that the lake maintenance easement language that is generally used in the PUDs be put in here so that structures can't intrude in those areas. Six, the parking calculations for the CF areas and especially including restaurants, if they are going to be open to the public, will be taken into consideration in the design submittals of this project. Seven, the clarification to the garage setback would be the same as the principal structure. Staff was going to work on some appropriate language for that. Eight, that the laundry section of the commercial references be limited to coin - operated or dry cleaning, whatever the proper SIC code is for that regard. Nine, we would strike Section 6.2D, which is a reference to the sunset provisions. Ten, modify the language in the transportation sections that the determinations be pursuant to codes. Eleven, that we would allow excavation and movement of that excavated material from the lake -- from lakes within the PUD even if you were crossing segments that are easements that are not part of the PUD. Twelve, the clarifications that are referenced to the South Florida management district rules would be "permitting requirements at the time of permitting" not necessarily as written as the PUD currently shows. Thirteen, that the schools would be added as a permitted use with a maximum of 20 acres for Page 40 16-Z 1cz October 7, 2004 educational facilities along the north edge of Oil Well Road frontage, and if this requires a movement to the commercial, that that movement of the commercial, as long as it remains along the Oil Well Road frontage, can be done as an insubstantial change to the PUD. And lastly, that the standard language for the last item that was discussed by the applicant be added. I don't recall exactly what that was at this time. MR. ADELSTEIN: Mark, you did nothing about the correcting of the drinking water. MR. STRAIN: Yes, I did. That was my second note, interim potable wastewater systems. I think that's everything I can remember. MR. ADELSTEIN: I'll second the motion. CHAIRMAN BUDD: Motion by Mr. Strain, second by Mr. Adelstein. Discussion? There being none, we'll call the question. All those in favor of the motion signify by saying aye. MS. CARON: Aye. MR. VIGLIOTTI: Aye. MR. ABERNATHY: Aye. MR. STRAIN: Aye. MR. ADELSTEIN: Aye. MR. SCHIFFER: Aye. MR. MIDNEY: Aye. CHAIRMAN BUDD: Aye. Those opposed like sign. (No response.) CHAIRMAN BUDD: Okay. It is unanimous. That is passed. Mr. Strain, do you have a motion for the next petition, related petition? MR. STRAIN: I would like to recommend approval for Petition PUDA- 2003 -AR -4227, Orangetree PUD, with the stipulations of acreage corrections and references to the code as provided by staff. MR. ADELSTEIN: Second the motion. CHAIRMAN BUDD: Motion by Mr. Strain, second by Mr. Adelstein. Discussion? There is none. All of those in favor signify by saying aye. MS. CARON: Aye. MR. VIGLIOTTI: Aye. MR. ABERNATHY: Aye. MR. STRAIN: Aye. MR. ADELSTEIN: Aye. MR. SCHIFFER: Aye. MR. MIDNEY: Aye. CHAIRMAN BUDD: Aye. Those opposed? (No response.) CHAIRMAN BUDD: Motion carries again. Thank you. This petition is complete. Before we move into our next order of business we'll take a ten - minute break. MR. ARNOLD: Thank you all very much. (A recess was taken.) CHAIRMAN BUDD: We'll bring the planning commission back to order. And it seems appropriate coming off a break we need to discuss the most important thing, and that is when is the next break. The lunch hour is coming upon us in 45 minutes. I know Mr. Abernathy needs to leave at 12:00 Page 41 /6 Z lc-� October 7, 2004 noon sharp. And barring objection I suggest that we break for lunch at 12:00 noon, take a one -hour lunch. If there is a five - minute move one side or the other depending upon the topic that we're discussing at the time we'll do that, but we'll break on or about 12:00 for one hour for lunch. So with that, we will open with Mr. Weeks. MR. WEEKS: Thank you. For the record, I'm David Weeks, the chief planner. Excuse me, I've been reclassified. I am the planning manager of the comprehensive planning department for the county. First, Mr. Chairman and Commissioners, I want to do a very brief overview of the process. What we are dealing with are growth management plan amendments, not rezones of conditional uses as the other petitions that you deal with more frequently. Secondly, this is the adoption hearing. This will be your final action on these petitions. You'll be making a recommendation to the Board of County Commissioners to either adopt, not adopt or adopt with changes the various amendment petitions before you today. Once the board has taken their final action, then the amendments will be sent back to the Florida Department of Community Affairs for their final action, their final review and determination that these amendments are or are not in compliance with Florida Statutes. This is a legislative action, not quasi-judicial. There is no requirement to swear in the participants nor are you required to disclose any ex parte communications you may have had. There is a, what is called a Notice of Intent sign -up sheet. It's a legal sign -up sheet that is on the table facing the exit doors over on the right -hand side. This is a document where any individual may sign up their name. That sheet will be sent to the Department of Community Affairs and, in turn, once the department issues its notice of intent to find these amendments in compliance or not, those citizens will be notified of that notice to be issued by the state department. As is your typical protocol for the private sector petitions, and we have four of those in this batch of amendments, this cycle, the petitioner will go first and then be followed by staff. But in the case of the county - initiated amendments, the staff will make the presentation. Commissioners, we'll be as brief as possible because you have seen these petitions before in transmittal. Our focus will be on any changes that have been made since these items were last reviewed at the transmittal hearing. And finally on the process, the last comment is, the binders that you have, if you do not wish to take those with you for your own keeping, for whatever reason, we would ask that you leave them here on the table, and at the conclusion of the meeting we will correct those and reuse those for the Board of County Commissioners and hopefully send up to the Department of Community Affairs. One thing I would like to draw to your attention in particular, we had some public -- we received some phone calls from the public about this. You might recall that as part of the Petition Number 12, a county - initiated petition, at your transmittal hearing part of that petition included a proposed change to the future land use element and the conservation and coastal management element -- excuse me, the capital improvements element and conservation and conservation and coastal management element change to clarify that the density within the coastal high hazard area is determined by the future land use element. And your recommendation unanimously was do not change those policies. The Board of County Commissioners, though, on a split vote made the same recommendation, they did not transmit that proposed change. So it was an error on staffs part to have included that in your staff report and in the legal advertisement that we prepared. I just wanted to ensure you and the public that might be here we do not intend to present that as part of a proposed change. That part of the petition was not transmitted to the Department of Community Affairs. And the final bit about housecleaning is that Jean Jourdan is going to pass out to you a schedule of costs and revenues. This is related to petition CPSP- 2003 -13, capital improvement element changes. We Page 42 14 .Z" Ica October 7, 2004 failed to include this in your binders but this is not new information; that is, this information was provided to you at the transmittal hearings. So when you took your action at the transmittal hearing it included this information. Again, we failed to include it in your binder today, so, since it is part of that petition that you're acting on, we wanted to make sure that you had that before you. MR. SCHIFFER: Excuse me a second. David, a question. You said that Item Number 12 was not transmitted to the department? MR. WEEKS: Only the portion of it that dealt with the coastal high hazard area density change, just that portion of it. Moving on to the staff report, Mr. Chairman, a couple highlights and then we'll get to the specific petitions. We do note your transmittal hearing dates that you had on these and the county commissioners. In most cases your votes were unanimous, with a couple of exceptions mostly pertaining to private sector petitions. The Department of Community Affairs issues their ORC report, objections, recommendations and comments. Just as you can think of your transmittal hearings as being a preliminary approval if you, in fact, recommended transmittal, we can think of the ORC report from DCA, the Department of Community Affairs, as being their preliminary approval or preliminary finding that these petitions are in compliance with state statute. The department did not issue any objections, and objections are what would form the basis of a finding, after they have been adopted, of not in compliance with state statute. So unless we make significant alterations to the petitions since they were transmitted, the department has no grounds to find the adopted amendment not in compliance with state statutes. The short of it is they didn't have any big problems with any of the amendments you submitted. That's good news. MR. ABERNATHY: They had a couple of suggestions that you seemed to have stonewalled or -- MR. WEEKS: A couple of comments, and I'll move right into -- MR. ABERNATHY: They fell on fallow ground, I would say. MR. WEEKS: One comment was from the -- I'll take them out of order actually -- the South Florida Water Management District had a comment about the proposed changes to the Golden Gate area master plan, specifically a discussion that was presented to you at transmittal hearings regarding using Everglades Boulevard as an evacuation route. Ultimately the county did not transmit those policies that provided for Everglades Boulevard to be used as an evacuation route. The water management district -- I think I'll sum it up this way -- they did not recognize, they did not understand that our staff report, once it is written and presented to you, it then becomes a historical document. We don't go back and amend our staff report. It's there and it will stay that way forever. When they received their transmittal package after the board acted on these petitions, they were reading it and still see this policy in there proposed that says Everglades Boulevard will be used or may be used as an evacuation route. So they were reacting to what they were reading in the report but in fact your action and ultimately the board's was not to transmit that specific policy. So there is no issue there, no reason for any type of change to occur. The department did raise -- have one comment to proposed Petition Number 12, a staff petition regarding a future land use element, where we proposed to clarify density, how it's calculated and that portions of a project for which -- well, I'll read it verbatim. "Portions of the project for land uses having an established residential density in the Collier County Land Development Code ". Though in those cases we would not calculate -- they would not be an exception to the density calculation. I'm sorry if I'm mumbling and fumbling this up. Page 43 /6,T /cZ October 7, 2004 The short of it is, the DCA was saying, Collier County, you're deferring to the land development code. We don't think that's appropriate. We think you should establish what the maximum densities are in your growth management plan itself. Our response is, thank you very much. We disagree. Generally speaking, we agree with your comment, but in this particular case, we have a similar circumstance already in our comprehensive plan which DCA in the past did not raise issue with, and I gave the example in your staff Policy 5.8 in the future land use element which talks about group housing facilities such as a nursing home or an adult living -- congregate living facility. The future land use element defers to the land development code to determine those regulations, including density, and we see this as a parallel circumstance. So our response is we disagree and we do not propose to make these changes. We did have one word, but it was not a response to the comment, it was just further clarification and to be consistent with the land development code. MR. ABERNATHY: Is that good policy to have a growth management plan with sort of an open door that you can change it through the LDC? MR. WEEKS: Generally speaking, I would say it's not. The reason you do this differently is this is not talking about density as far as residential dwelling units, houses, condominiums and whatnot. This is talking about uses that have an established equivalent residential such as a nursing home and they allow -- I'm not sure if something like hotel would fall under this category -- but certain types of non - traditional residential or institutional uses. So for that reason we view it differently. We've identified, as you know, in your staff report, commissioners, each of the separate petitions. We've very briefly introduced the petition, basically by title, just to give you the general concept of what that petition is about. We've identified what your transmittal action was as well as what the county commissioners' transmittal action was and any recommended changes that occur. And again, in the staff report we have only identified for the three petitions where the staff is proposing some type of change from what was transmitted, and that's petition, the very first petition, the private sector one for Mr. Basik. And then Petition Number 10, which is the Golden Gate area master plan proposed changes. And the other one is Number 12, the one I was just speaking about, future land use elements, very minor changes. And with that, Mr. Chairman, I'll turn it over to Mr. Nino. He's here for the first private sector petition. MR. STRAIN: Just for the record, I have to abstain for participating and voting in this. I've already filed my sheet with the court reporter for a perceived conflict of interest with my employer's location of the property nearby this property. CHAIRMAN BUDD: Mr. Nino. MR. NINO: Good morning. For the record, my name is Ron Nino. I'm with the firm of Vanasse and Daylor out of Fort Myers. I'll try to be brief because you want to make your 12:00 luncheon appointment. But I need to briefly reacquaint you with the site. When you dealt with this in, I believe, back in May 20th you split four to four in terms of recommending this comp. plan amendment to the Board of County Commissioners. We're dealing with approximately 10 acres of property on South Tamiami Trail. This is the Krehling Concrete batch - making plant down in that area. THE COURT REPORTER: Sir, can I ask you to step back so I can hear you, sir. Thank you. MR. NINO: My clients, the Basiks, own approximately 9 acres of C -4 and C -5 zoning immediately to the west of the subject property. They also own 10 acres of industrial to the north of the Page 44 16 _Z: !CZ October 7, 2004 commercially zoned property. MR. ABERNATHY: Excuse me, Ron. Why don't you get around to the other side. You've got your back to the reporter and all of us. MR. NINO: Okay. Thank you. And in this area here we have 25 acres of land that is zoned TTRVC. And here is another conceptual look at that in color in terms of those three areas. This is commercial, commercial parking lot for the proposed Big Cypress flea market. And you see this red line here, this is industrial. We currently have four buildings under -- completed or industrial warehouse type buildings that are being subdivided into smaller functions for permitted industrial uses. And then the TTRVC part. I think it's worth noting that under your land development code the TTRVC zoning is in fact commercially recognized zoning. If you look at the land development code it says, "Commercially zoned properties includes C -1, C -2, C -3, C -4, C -5 and TTRVC." I mention that because I want to impress upon you the extent to which a commercial industrial mode has been established in this area. And this land here is agriculturally zoned land. Well, in other words, this agriculturally zoned land is bound essentially on its entire west side by commercially zoned property. We have a more recent aerial that kind of shows the condition, if you haven't been out to the site, the condition of that, of the surrounding properties. As I said, we have the -- we have a site development plan approved for the flea market, Big Cypress flea market, and we have four industrial buildings under construction. The condition of this agricultural land here, in terms of -- you're thinking in terms of compatibility. Quite frankly we have a lot of problems with what is happening in this industrially zoned area. If you've been out to the site, I suggest to you that our code enforcement people need to take a look at what's going on there, because certainly what would occur as a result of commercial development on this property, if anything, is going to visually and aesthetically contribute to what's going on in that area. And I want to give you an appreciation of the plans that are in place for the Big Cypress flea market. You see it's certainly not your traditional looking flea market that you might encounter in north Fort Myers. However, it is much akin to the Flamingo flea market on Bonita Beach Road. And what we hope to do is complement that. As a matter of fact, the way our application is structured is that 40,000 square feet of the flea market has to be in place before we get the ability to proceed with using that property, in the event we're successful in getting it rezoned, in order to take away the speculative aspects of it. Now when you dealt with this petition the last time, your concern, as I discern from the record, was that you were concerned that it affected the integrity of the TDR program, which said -- the area that we're in is called a receiving area, and its development was supposed to be contingent upon drawing development rights from the sending area around it, the more natural pristine area. And -- however, you'll recall we pointed out that the land development -- the comprehensive plan clearly says that properties of 40 acres or less, the TDR program doesn't apply. So that in fact we were not required to comply with the TDR program since we're only a parcel land that is 10 acres in size. Well, the argument was, well, it might be aggregated with the adjoining property some day to become 40 acres. And I'm going to suggest to you that you have to believe in the tooth fairy to think that this 10 acres is ever going to be aggregated with a number of 5 -acre parcels that are currently in the agricultural area. So that really was never going to come to pass. However, when we went to the Board of County Commissioners, you know, it became apparent that if we wanted to be successful in having the comp. plan appeal be successful, whether we qualified or not, we had better ante up to the table some development TDRs, and we agreed to do that. We agreed to acquire four TDRs even though legally this property is not subject to the TDR requirement. Page 45 /6'.Z ff7Z October 7, 2004 And the amendment that David transmitted -- the board did agree to transmit the amendment, however the transmittal language then included the requirement that we acquire four TDRs. So that if that was one of your legitimate concerns why we didn't get a majority of you to support the application, that issue of TDRs and the possibility that we're affecting the integrity of the TDR program has gone away. There were some concerns about traffic. Reed Jarvey of our office is here. I would like to just comment on that. You know, at the time we submitted our application I think even under today's conditions there is no loss sufficiency issue here. Concurrency really should be dealt with at the zoning phase and not at the comprehensive plan phase. And we only realize too well that we have to comply with concurrency should we subsequently be successful in having this property rezoned. This is not a rezoning process. It's a comp. plan process, which merely establishes the base upon which we can come along later on and ask for a rezoning action. Staff continues to support this application, as you have witnessed in your agenda package, and we only note that we're appreciative of that consistency in staffs position. I don't think there is a question about, you know, whether this, whether the need for this commercial land is justified. We did a market analysis. Staff agreed with the market analysis. And that issue should really be put to bed. There was an issue came up with the Board of County Commissioners by one commissioner that this property may not be compatible. And traditionally, when you talk about parameters of compatibility, you're really talking about its relationship to adjoining property. We're contiguous to commercially zoned property. Traditionally, when you think -- when you think of agriculturally zoned land you think of land that is in transition, that is going to be eventually zoned to some other use, and therefore, compatibility is usually not a parameter when you think about its adjacent relationship to agriculturally zoned land, given the fact that that agriculturally zoned land is transitional. We hope that you will concur with staff and support transmitting, recommending this to the Board of County Commissioners with a majority approval. We have only two concerns. When we made a presentation to the Board of County Commissioners, and in the heat of debate and trying to get your client's project approved, we agreed to four -- not only did we agreed to acquiring four TDRs, but we said that we would donate them to the county. And quite frankly, that was dumb of me, I must say, and I did my client a disservice by agreeing to that. You know, morally and ethically that just is wrong. TDRs is a commodity. My client is a developer. He has the opportunity to use those on another project within a qualifying area. Now, obviously our position ought to be, and I hope you agree, that the requirement that we donate them to the county be eliminated but we still acquire the four TDRs. One other of the conditions that we had offered in the subdistrict development criteria and which I now in reflection think is overly constraining, is the commitment that we made not to exceed a height of 20 feet. And quite frankly, I think the buildings that our client is erecting over here, these industrial buildings, for example, they are more than 20 feet. And I suspect that -- that this building that we're constructing and that we will add to it is itself more than 20 feet. Now 35 feet is generally considered the lowest height in Collier County. And we would ask that you support a modification to our development criteria that all of the buildings would be not to exceed 35 feet. Otherwise we are in total agreement with the rewrite of the subdistrict as proposed by staff. We find it perfectly acceptable, with the exception of those two items. Page 46 /�O z /CZ October 7, 2004 I would be happy to answer any questions. Reed Jarvey is here, as I said, and can answer any transportation issues that you might want to talk about. CHAIRMAN BUDD: Mr. Abernathy. MR. ABERNATHY: You had two county commissioners vote against your proposal. You say one of them was on the basis of compatibility. What was the other, what was his objection, or hers? MR. NINO: One was compatibility. The other was -- I really can't say. I think that that commissioner basically thought that all of the land -- if I was to paraphrase it I would say that he's made up his mind that all the land in the sending area, all sending areas has to be developed with residential purposes. MR. ABERNATHY: The receiving. MR. NINO: The receiving, the receiving land has to be developed with residential uses in order to justify the aspirations the county board has with the flow of TDRs from the sending areas to the receiving areas. But that objection, quite frankly, commissioner, should have gone away when we agreed to buy the four TDRs, but it didn't. MR. ABERNATHY: But now you want to welch on the four TDRs. If you buy them and keep them and use them somewhere else or turn around and sell them on the market, you haven't done anything. MR. NINO: That's the way it's supposed to work, though. Anybody else, anybody else that is applying for a project in the receiving area and is using TDR is only going to get their objectives, their development objectives satisfied in the receiving areas by transferring TDRs. That's exactly what they are doing. They are going out and buying those TDRs and bringing them into the receiving area that qualifies for one unit per five acres in order to bring the density up to one unit per acre. Are you going to apply that requirement to all of them as well? If you were, I can assure you the TDR program would simply collapse on its face. That was -- that's not the way it works. MR. ABERNATHY: But we didn't impose that, the county commissioners did. MR. NINO: Well, the county did impose that. The county said we want you to buy four -- we want you to acquire four TDRs. The -- donating to the county was -- I don't think was really part of the arrangement. It just happened to be blurted out and it became part of the record. MR. ABERNATHY: So you are going to have to argue it up there. MR. NINO: Yes, we'll have to argue it up there. MR. MIDNEY: To my own knowledge, if it's one unit per five acres why did you buy four TDRs for 10 acres? MR. NINO: Because -- because -- how does it go, Glenn, I forget the math. CHAIRMAN BUDD: Mr. Heath? MR. NINO: Yes. MR. HEATH: I don't remember exactly how four was arrived at, but in the discussion with the commissioners it came -- it was eventually decided that they would be responsible for four TDRs. CHAIRMAN BUDD: So would it be fair to characterize it wasn't a mathematical calculation, it was simply the number of TDRs necessary to make the deal? MR. NINO: Yes. Yes, it was. MR. HEATH: That basically was it. Now, Mr. Abernathy asked a question earlier about why the second commissioner dissented. It was, basically, that commissioner felt that they should be responsible for even more TDRs. CHAIRMAN BUDD: Does that address your question, Mr. Midney? MR. MIDNEY: Yes. It still puzzles me, though, I thought it was a rule, you know, one for five. MR. ABERNATHY: That's on the sell side. MR. MIDNEY: No, the buy side. Page 47 /G s Ica October 7, 2004 CHAIRMAN BUDD: Mr. Schiffer. MR. SCHIFFER: Glenn, one question. Were you involved, Glenn, in drawing the outline of the sending -- or the receiving areas? MR. HEATH: Kind of, sort of MR. SCHIFFER: And was there ever any consideration that some of these like commercial type zoning along the main roads would not be in the sending areas? MR. HEATH: Well, this is it. We're talking -- first off, we're talking about the receiving area. MR. SCHIFFER: Receiving, I'm sorry. MR. HEATH: We were aware at the time again -- Glenn Heath, Collier County comprehensive planning staff. We were aware at the time that there was commercial property along this part of U.S. 41 that, in many ways, was not consistent with the idea of this land as a residential receiving area. I think quite possibly the whole -- the rural fringe and the TDR program process took so long that much of the development in this area was kind of occurring in the meantime, and so we just kind of caught up with it. We're aware that there are some areas down there that may develop outside of the rural fringe program and, frankly, from a staff point of view, it was difficult to figure out how to capture this type of development with existing commercial zoning into that receiving type of situation. And -- which is one of the reasons that staff, I think, was in support of this, basically in support of this amendment was we felt that this property really wasn't appropriate for residential. It's on U.S. 41. It's got -- it's got commercial property nearby. And it's a heavily traveled corridor. But at the same token we realize that this is a receiving area and -- MR. SCHIFFER: But is it a receiving area based on thought or just based on a broad brush when you were doing the outlines? MR. WEEKS: Mr. Schiffer, it was based on a broad brush. The designation of sending, receiving and neutral areas for the rural fringe was based on a, we'll call, a landscape or very broad view of the properties. We did not get down to the very site - specific view of this 5 -acre parcel or this 10 -acre, et cetera, we did not do that. The primary basis was the environmental values of the property when we looked at the panther habitat and we looked at the panther movement, where the panthers were traveling. We looked at the forested wetlands and the forested uplands. So several different environmental layers were placed on top of the maps of the rural fringe area to determine if this area should be a sending area. And then the areas that didn't fall within that essentially say that should be a receiving area. And then neutrals, unless you want to know I'll skip that for now. I want to make sure it was clear that the particular property to the west that Ron was referring to, the industrial and the two commercial C -4 and C -5 with frontage on 41, those are not within rural fringe mixed use district. They were excluded. The sending area excludes those. Those in fact are designated industrial. MR. SCHIFFER: So again, because of the broad brush, what you've done is you've picked up multiple little small parcels along 41, and that isn't the intent of the whole process, is it? MR. WEEKS: Well, depends on how you view it. Now, if you look at the site specific, this 5 -acre tract or that one, we might agree that that's not appropriate for such and such a development, low density residential, rural density residential. But again, because it was done with a broad view, we didn't do things at that level because there are parcels, not just on 41 but on h=okalee Road and other areas of the rural fringe, again, that whole area is approximately 93,000 acres, that if we got down to that parcel -by- parcel analysis, we might think something differently. But we have to keep in mind that aggregation is a possibility. And Mr. Nino has his 16.7: f � 0Z October 7, 2004 opinion and maybe he's right about this particular parcel being aggregated with others, but we can't discount the potential, again go back to the broad brush, whether we're looking at somewhere on 41 or Immokalee Road or somewhere else in the rural fringe that aggregation is possible. An individual 5- or 10 -acre parcel might be aggregated with others so that you do get to the point of having 40 acres and therefore qualify to acquire TDRs, and you can increase your density up to as much as one unit per acre. MS. SCHIFFER: But it was never your intent to force that aggregation, was it? MR. WEEKS: Absolutely not. The TDR process is strictly voluntary. MR. SCHIFFER: The reality is there are a lot of people who own small pieces of property that are not caught in some way that really is indeed -- and it has nothing to do with the success of the process either, does it. Do you think nibbling away, as it was called at the last turn, hurts the TDR process? MR. WEEKS: Depends on how many nibbles we have. It's a cumulative impact. That's -- part of the staff s position of this petition, as Glenn stated, was its location next to some higher intensity zoning, and we did consider the fact that it's only a ten -acre parcel -- nine -point something acres -- but you're right, the nibbles are okay as long as they don't add up to too substantial a bite. MR. SCHIFFER: In this case you're saying the boundary line is one of the boundaries of the property. MR. WEEKS: That's correct. That's correct. MR. SCHIFFER: It's not an island. MR. WEEKS: That's correct, it would not be an island. I would remind you too, though, that the sending designation is something that just came about when we adopted the growth management plan amendments of 2002. Prior to that this property was still designated agricultural rural and still limited one unit per 5 acres. MR. SCHIFFER: But it's on 41. MR. WEEKS: Yes. My point is just a before and after scenario. We're still -- the difference is now there's the potential through aggregation for higher density on that property than there was prior to the rural fringe amendment. MR. ABERNATHY: I have a question for you. In regard to this, are there going to be other PUD problems that we turned down, the county turned down, that we're going to get back to us today? What I'm saying is, I don't have the information in front of me not knowing that this was coming up, so I can't really recall. I remember going no to it, but I haven't looked at it or seen it in an awful long time and I can't remember what the purpose was. We've done over 320 them since this happened. Are there any others that are going to come up that we turned down and make a decision on it again today? MR. WEEKS: I'm sorry, I don't quite -- are you asking if there might be other properties that -- MR. ABERNATHY: Other PUD situations that, that we turned down that are coming back up at us like this one. We've already done this once and made our vote on it. CHAIRMAN BUDD: Ms. Student. MS. STUDENT: Maybe I can clarify. For the record, Marjorie Student, assistant county attorney. These are comp. plan amendments and this is the adoption stage. And you had seen this before at transmittal to the DCA, so that's why you would have seen it before, because it was a transmittal, but it's coming back for adoption now. And I don't know that this has ever come as a PUD. There may have been some way back when some zoning action was asked for on the property, but right now this is just to amend the comp. plan so they can proceed with further development orders. MR. ABERNATHY: We had it in front of us several -- another reason why I can't remember what it was. Page 49 /0 /Ca October 7, 2004 MS. STUDENT: Yeah, I think there was another one involving this gentleman or this property some time ago. MR. NINO: No. You've only seen this as an initial application for transmittal. MR. ABERNATHY: Okay. Thank you. CHAIRMAN BUDD: Mr. Schiffer. MR. SCHIFFER: Is this the appropriate time to discuss limiting access on the Trinity Drive or would that be at the PUD? MR. WEEKS: You could do it at this case -- at this point. In fact, one of the conditions right now is that the access would be limited to Basik Drive and Trinity Place. Because we've already doubled access, and certainly if you wanted to discuss that, we could. CHAIRMAN BUDD: Mr. Weeks, at what point do we make a change that is so significant that it's not -- that it goes back to DCA? Where is that threshold that we mess with it too much, because it's been through the roof? We're at adoption. When do we start resubmitting and starting all over again -- using that issue as an example? MR. WEEKS: You never know for sure but -- I think DCA's view of the private sector petitions, all of them on today's agenda, and these are typical in that they are relatively small, five, ten, 15 acres. Generally speaking our privately initiated petitions are relatively small in size. And it's our belief, both based on the reports we receive each year, but also in verbal discussion with DCA staff, they view this as a local issue because it's such a small parcel. And I believe that unless we did something just beyond comprehension such as allowing an industrial nuclear plant or something by having a regional impact, I just can't imagine DCA really getting involved. Their view, I think, is it's a local issue; whatever you decided is okay. CHAIRMAN BUDD: So Mr. Schiffer's inquiry as to access is well within our local jurisdiction. MR. WEEKS: Absolutely. MR. SCHIFFER: Is it the owner's intent to have access on the Trinity? MR. NINO: Yes. MR. SCHIFFER: He wants that? MR. NINO: Yes. And I would think that if the transportation department were here they would say we want you to get access from Trinity. As a matter of fact, they might not allow us access on 41, Tamiami Trail. MR. SCHIFFER: But if they didn't, you would come in on that other internal road. It's like a double boulevard. In other words, I would not want you to go out on 41 either, but wouldn't that be -- would that mess up the plans for this thing? MR. NINO: Well, the long -range plan is, of course, we would have to go through the parking lot. This is an easement dedicated for road purposes. A road is going to happen here eventually and terminate in a cul -de -sac. So it would be a circuitous route to get into that site from here, but when we talk about access from Basik Drive, we are basically talking about access through the parking lot and into this road here. MR. SCHIFFER: Is not that building that's on Basik Drive part of the flea market or -- it seems like a -- it's a more older color. MR. NINO: No. This plan is the footprint of the SDP on -- MR. SCHIFFER: So if you are successful today, wouldn't you just merge these two sites together and do a bigger and better flea market rather than -- MR. NINO: Possibly. Yeah, this is subject to change. MS. SCHIFFER: Right. So if you are limited to Basik Drive -- because that's a nice little boulevard you got there and that would be less access onto 41. Page 50 161 /(f,:2? October 7, 2004 MR. NINO: Well, but there will be other buildings in addition to an expansion of the flea market. We're -- we have the ability to do another 76,000 square feet if we're approved. We're certainly not going to do 76,000 square feet of additional flea market. I think we're limited up where -- we've offered up maybe 25 percent of that. But we may end up with a hotel over here. That's one of the uses that we would seek in the subsequent PUD applications. MR. SCHIFFER: Right. MR. NINO: In other words, there, you know, there is a part of the overall site plan that's going to be dependent on access from Trinity Place. And if you're a transportation guy, you're obviously going to say if you have a local street interconnecting with an arterial at a corner, you come in from the local street, and even though that's not what residents like, but transportation experts say that's the route you should use; am I correct, Reed? MR. JARVEY: Reed Jarvey for the record. What you typically want to do on an arterial is limit as much as practicable the number of access points. So what I would suggest you do is, I think from hearing Mr. Weeks talk, that this is within your purview to talk about access. But since it really wasn't studied as part of the application, I would suggest you defer that to the PUD stage and let the -- let's work with the transportation department on that. I mean, I think that would be more appropriate in my opinion rather than just arbitrarily trying to say, well, let's just do this, because we don't know the issues. That's my suggestion. MS. SCHIFFER: But again, the neighbors' concern may make you wish we had talked about it. The -- but you don't agree that you could redesign that whole parcel if you added 10 acres to it, coming off of your boulevard and redesigned your parking, designed your additional uses. I mean, it would seem to be very common nowadays to limit the access. MR. JARVEY: Once again, that seems to me that's more of a PUD type question. MS. STUDENT: I would like to make an observation. I've noticed with the creation of these different subdistricts we've gotten very specific and probably more specific than comp. plans are supposed to be because they are supposed to be more general. And the only problem with that is the more specific you get the harder the thing becomes to amend. And I have had an ongoing concern, that I've let our long -range planning staff know about, as to the greater specificity of these comp. plan amendments, because it is really supposed to be more like a constitution and not, you know, a specific statute as opposed to constitute -- what you would find in the constitution. So that's something -- it's not that it's illegal or there's -- DCA is going to find anything wrong with it, but there are some practical implications of it. CHAIRMAN BUDD: Very good. Other questions of the petitioner on this item? Mr. Heath. MR. HEATH: For the record again, Glenn Heath with Collier County comprehensive planning. I just want to first off point out a couple little background details about this amendment. This was originally submitted in 2002. It was held up due to the administrative issues surrounding the rural fringe amendments and then it was further held up, as were all of these amendments, due to other matters associated with the comp. planning process. And so it's -- it was submitted in 2002 and here it is 2004 and it's just now going to adoption. When you saw this item at transmittal you essentially failed to act on it. There was a split vote, both in terms of a recommendation not to transmit and a split vote in terms of recommending to transmit. So it went to the Board of County Commissioners with the language recommended by the petitioner and the language changes that were recommended by staff, and then that's what the board acted on. What we've highlighted in the report, the staff report, are the changes that were actually -- we're recommending Page 51 /6l /Cz October 7, 2004 from staff some changes that occurred since transmittal or because of transmittal and these are in double strike - through underline. If you see regular underline that's the language that was transmitted. The newer changes are the double strike - through underline, and that's on Page 3 of the staff report. The full text of the amendment is in Exhibit A of the ordinance, and you can look at that if you need to. I would note actually that the petitioner has requested this morning to remove the height restriction for the 20 -foot height restriction and go 35 foot. Our language as recommended by staff had a 20 -foot height requirement for the flea market buildings but allowed a motel or hotel to go higher. Access would be limited right now to Basik Drive and Trinity Place. That means at this point in time no access on the Trail. And the -- we mentioned the four TDR credits that the petitioner is to transfer, I would call your attention to that, to Collier County. Now from my standpoint and from the staff standpoint, I think transfer could include either a donation or a sale as to -- as it simply says that they were -- they were in the possession of petitioner and then they were now in the possession of the county. Since the county does not have any kind of a TDR bank program, what would actually happen to these credits, once they were transferred to the county they are basically gone, they are done. MR. LITSINGER: Stan Litsinger -- THE COURT REPORTER: Sir, I can't hear you. I'm sorry. MR. LITSINGER: Stan Litsinger, comprehensive planning director. And I'm sorry, I forgot my jacket. Clarification on the TDR purchased by the petitioner. That was a legislative negotiation process relative to an agreement in order to achieve the necessary votes to transmit this petition to DCA. And the understanding, as I believe the record will show from the transmittal here from the board, is that the petitioner would purchase four TDR credits on the open market and donate those credits to Collier County to either use to incentivise some other goal or program or to raise revenues for some other program that we may have ongoing. At the time of transmittal there was not an intent that they would purchase the TDRs and go about their business in the marketplace with the TDRs. That has no relationship to the intent or the negotiation process on the purchase of the TDRs. MR. SCHIFFER: Question on that. So that means is that in our action today we can't discuss whether the purchase of TDRs is relevant, that's a done deal, right? MR. LITSINGER: It's a legislative policy decision. You certainly -- it's within your purview to make a recommendation to the board on that. I'm not sure it's relative to the decision on the comp. plan amendment. It's certainly a legislative negotiation position. CHAIRMAN BUDD: Mr. Heath. MR. HEATH: That's about it, unless you have any questions. CHAIRMAN BUDD: Any questions of Mr. Heath or staff presentation? Mr. Weeks, is there -- are there public speakers on this item? MR. WEEKS: No, sir. CHAIRMAN BUDD: Okay. So with that we need a motion to adopt. MR. SCHIFFER: I'll make a motion to -- make a motion to recommend -- MS. STUDENT: It's a recommendation of adoption. MR. SCHIFFER: To recommend to the Board of County Commissioners. In that motion I would like to support the height to be 35 feet. And the reason is, I mean, a flea market 35 feet means it would be a tall roof. A hotel 35 feet means the neighbors have people on the third floor looking in their house. MS. STUDENT: For clarification then, then would that language just say no building shall exceed Page 52 16 .27 /ca October 7, 2004 a height of 35 feet? MR. SCHIFFER: Correct. MS. STUDENT: Because you wouldn't need the exception language anymore. Okay. Thank you. MR. SCHIFFER: And then, I mean, the TDR thing I have a big problem with, and this isn't part of the motion yet. But it seemed to me since this is on the borderline, this is a small site, it wasn't the intent of the whole TDR process that -- I don't know the right word to use -- but to force these guys to buy TDRs to get approval. I personally don't think it's in good taste, so what -- you want to say something, Glenn? MR. HEATH: If it would help, Mr. Chairman. Glenn Heath. The way that the discussion went with regard to this concept was there -- the board was concerned that -- the board understood, I think, that this type of project was too small to meet the thresholds of the TDR program. But at the same token -- by the same token I think there was this feeling among the board members that we have to have, we have to somehow tie development in the receiving areas to the TDR program. And how do you do that when you have a small project like this that doesn't, doesn't qualify to buy -- actually to buy and use TDRs. And then as Mr. Litsinger said, the legislative decision was made by the board to require them to purchase four TDRs and to transfer those. MS. SCHIFFER: Right. But my big concern with that -- CHAIRMAN BUDD: Brad, what I need you to do is form the motion, because we're negotiating the details of a motion before it's even on the floor. Make a choice either way. MR. SCHIFFER: Then my motion would be to remove Criteria J. CHAIRMAN BUDD: Okay. Anything else? MR. SCHIFFER: No. CHAIRMAN BUDD: Okay. Hold on, we need a second. It's on the floor for discussion. Is there a second on that motion? Going once, going twice. Failing for lack of a second. Do we have an alternative motion? MR. SCHIFFER: Mr. Chairman, one thing. Sometimes it's nice to discuss things prior to a motion. MR. ABERNATHY: You can't without a second. CHAIRMAN BUDD: What we really want to do -- I mean, is get a motion and then we'll beat it up there. MR. SCHIFFER: I'm not up on Robert's Rules of Order, so I won't make a comment. MR. ABERNATHY: On that basis I will second the motion. CHAIRMAN BUDD: We will get a motion and we'll get your input. MR. ABERNATHY: I'll second the motion to bring it to the table. CHAIRMAN BUDD: Okay. We have a motion and a second right there. MR. SCHIFFER: Is the concern that the reason they are in the TDR process -- and it was really -- you guys substantiated it, was because of the broad brush. In other words, so the county is throwing property lines around not even -- the intent of why we're doing this really wasn't focused. It should have been in fairness of the property owners, because a lot of people got caught up in this that maybe shouldn't have been. And the success of the program isn't based on these little bitty little properties. So the concern I have is that these guys somehow got caught up in the TDR process, not because of the intent of what we're doing with the sending and receiving but with the fact that nobody spent the time to do a detailed analysis of the boundary line. The fact that they are on the edge of the boundary line means that it wouldn't be a problem to include them out of the system, to the sending areas. CHAIRMAN BUDD: Mr. Nino, do you have something relevant to this discussion? Page 53 /9-7: lcz October 7, 2004 MR. NINO: I appreciate that discussion, and it's the same discussion we made with the commissioners who drove that concern. And we don't have a problem acquiring four TDRs. And I can tell you that the Board of County Commissioners, the Board of County Commissioners is not going to transmit for final approval this project without a TDR element in it. The rub is, donating them to the county. That's like giving the county $100,000. It's almost akin - -well, we're on the record. CHAIRMAN BUDD: Mr. Adelstein. MR. NINO: We don't have a problem buying the four TDRs. We would appreciate an amendment -- we would appreciate a recommendation that says that it ought not to be a requirement of the four TDRs that they be dedicated to the county. CHAIRMAN BUDD: Mr. Adelstein. MR. ADELSTEIN: The only way I can go for this is -- the TDRs stay in. MR. SCHIFFER: I'll take the TDRs out. So let's remove that from my motion. CHAIRMAN BUDD: So you're going to amend your motion. MR. SCHIFFER: So the motion, the only difference than the resolution from the county would be the height requirement of 35 -feet. And here's the problem -- CHAIRMAN BUDD: Hold on a second. Does the second agree with that? MR. ADELSTEIN: No. CHAIRMAN BUDD: Okay. So you have an amended motion that amends the height to 35 feet. MS. SCHIFFER: No, no. That was in the motion when he seconded it. CHAIRMAN BUDD: No -- you came back and you pulled out the TDRs so now you have a new motion. You've amended it. MR. SCHIFFER: You can't pull out a little piece of it? CHAIRMAN BUDD: No, you can't, not without your second and your second fell out. They have to go together. So let me clarify what your motion is and you might pick up a new second. Motion to transmit with the 35 feet height limitation. MR. SCHIFFER: Correct. CHAIRMAN BUDD: Great. Is there a second on that motion? MR. MIDNEY: I'll second that. CHAIRMAN BUDD: Mr. Midney. Very good. Now let's discuss that new motion. MR. SCHIFFER: The -- a flea market I think would be appropriate to have a nice -- I think the 20 feet should be the inside of the walkway of the flea market, and the roof system would then not be able to be built on part of it. So if they wanted to build a flea market with a tall center area with the booths at the side, you're guaranteeing a flat roof. And I don't see what the benefit to anybody is. Why you would allow it for a hotel, which again, is what you're saying is a three -story hotel where you're going to have people occupying that height, I think that's a mistake. The 35 feet is not tall, that's a telephone pole. So you're not giving up -- this isn't a height issue, this is, you know -- a good 20 feet is -- I mean, this room may have 10 -foot ceilings. You're really talking about doubling the height of this room. CHAIRMAN BUDD: Discussion on that motion? And I can support that motion. I wasn't comfortable with the original one but this amended motion with the increased height for the flea market area, not for the hotel, I think makes sense. So I'm comfortable with that. Other discussion on the motion? There is none. Page 54 fez Aca October 7, 2004 We'll call the question. All those in favor signify by saying aye. MS. CARON: Aye. MR. VIGLIOTTI: Aye. MR. SCHIFFER: Aye. MR. MIDNEY: Aye. CHAIRMAN BUDD: Aye. Those opposed? MR. ADELSTEIN: Aye. CHAIRMAN BUDD: And I assume that was your aye also. So we have a five to one motion in favor of transmittal. So, with that, it's nine minutes after. Let's call it 1:10. We'll be back in an hour and a minute. (A recess was taken.) CHAIRMAN BUDD: Call the planning commission back to order. Mr. Weeks, we're going to move into the remaining petitions. If I'm not mistaken most, if not all, the petitions remaining were a unanimous vote on the first time around. So if we could have a summary presentation. If commissioners have problems we'll certainly take all the time necessary to dip into them, or if members of the public have problems or if advocates on behalf of petitioners wanted to talk and snatch defeat from the jaws of victory, we'll do that. But if we could try to approach it in a summary fashion, sir. I think it's CP- 2003 -1 is the next one up. MR. HEATH: Good afternoon, commissioners. Glenn Heath with comprehensive planning again. When this item came to you for transmittal you voted unanimously to transmit it with four changes: To allow residential units at a maximum density of 16 dwelling units per acre or the promotion of mixed use development. To allow a building height of four stories if at least two floors had residential uses. To clarify that a mixed use commercial building is allowed up to three stories with retail use on the first floor, office use on the second and third floor. And finally, to clarify language regarding the capital improvement element Policy 112 and its relationship to concurrency management regulations. When the item went to the board for transmittal it was transmitted four to zero without any changes except for the -- except for your recommendation. And that's what you are looking at today. CHAIRMAN BUDD: Very good. Any questions on this item? MR. STRAIN: Just one. The change in the height that was recommended by the CCPC at the time, was that an advertised height or is there a concern that -- because I know that was a surprise to the applicant that we had recommended -- to go higher. That was a surprise to me. MR. HEATH: As I understand the -- from what I remember of the original projects, the original heights were something that were negotiated between you and some of the nearby properties. MR. STRAIN: He's begging to speak. CHAIRMAN BUDD: Go right ahead. MR. YOVANOVICH: Against my better judgment. Rich Yovanovich for the record. Just to address that issue. We were further along in our planning for what we're actually going to do and have talked to our neighbors. We don't need four stories for our project, when we include a residential project. Three stories would be fine just like it is for the office and retail buildings. So if you wanted to bring that down to -- if we have a mixed use with retail, office and/or residential, limiting it to three stories, we're fine with that. MR. ADELSTEIN: So moved. Page 55 /V/z /c� October 7, 2004 MR. STRAIN: The reason I'm suggesting is we had another project come in where height was an issue. I hate to see this set a precedence of others are going to come back and argue they should have the same thing when we know it's objectionable in other areas close by. MR. YOVANOVICH: We're comfortable with a three -story limitation. CHAIRMAN BUDD: Other questions on this item? Mr. Weeks, are there any speakers registered? MR. WEEKS: No, sir. CHAIRMAN BUDD: Okay. With that we'll close the public hearing. Mr. Adelstein, you have a motion. MR. ADELSTEIN: I move that we approve this -- CP- 2003 -1. CHAIRMAN BUDD: -- with the height. MR. ADELSTEIN: With the height restriction to three stories. CHAIRMAN BUDD: Is there a second? MR. MIDNEY: I'll second. CHAIRMAN BUDD: Motion by Mr. Adelstein, second by Mr. Midney. Any discussion? (No response.) CHAIRMAN BUDD: Okay. All those in favor, signify by saying aye. MS. CARON: Aye. MR. VIGLIOTTI: Aye. MR. ABERNATHY: Aye. MR. STRAIN: Aye. MR. ADELSTEIN: Aye. MR. SCHIFFER: Aye. MR. MIDNEY: Aye. CHAIRMAN BUDD: Aye. Those opposed? (No response.) CHAIRMAN BUDD: Motion carries. Next item, CP- 2003 -2. MS. JOURDAN: Good afternoon, Jean Jourdan, comprehensive planning, for the record. This was a request to establish the Livingston -Radio commercial infill subdistrict to allow commercial uses in the C -3 district with a maximum of 50,000 square feet. The commission recommended to transmit this to the BCC with a recommendation to transmit it to DCA. You did request some changes to be made which are implemented into your staff report. And the BCC approved the transmittal of the petition to the DCA. CHAIRMAN BUDD: Great. MR. STRAIN: This came at the same time the previous one did. And the idea of height was an issue then as well. When they -- item two, it says, "allow an additional floor of building height if the building contains residential use ". If you did that would it still fall within the height restrictions of C -3 or would that put it beyond the height restrictions of C -3? MS. JOURDAN: That I don't know. I'm sure David will be able to respond to that. MR. WEEKS: C -3 is, I think -- MR. STRAIN: I'm comfortable with the C -3 height, but I don't want that number two to be construed that it not only allowed what you would have up to the C -3 height but an additional floor of the Page 56 16z Ica October 7, 2004 building if it's a residential use. So if we could get a clarification on that, that it's within -- it still retains the 50 -foot maximum overall height for C -3 zoning, I think that would help clarify it for any future petitioners. MR. SCHIFFER: Mark, in the resolution we're limiting it to 45 feet? MR. STRAIN: Whatever height it's limited to. I just wouldn't want that extra floor to be added on top of the maximum height that's allowed. I don't know what's allowed. David's looking for it. MR. SCHIFFER: The way the resolution is written, it's -- the maximum height is four stories not to exceed 45 feet. MR. STRAIN: Well, then does number two mean that we're going to allow it to go five stories above 45 feet? MR. SCHIFFER: Shouldn't we be looking at the resolution that they are actually sending forward? MR. STRAIN: I'm asking the question, I can look at it but -- MR. SCHIFFER: It says, "However, for mixed use buildings, those containing residential uses over commercial uses, the maximum height is four stories, not to exceed 45 feet." MS. JOURDAN: Correct. He's correct in that it says not to exceed 45 feet if it's a residential use over commercial. MR. STRAIN: No matter how many floors it is, it still can't be over 45 feet. MS. JOURDAN: Correct. MR. STRAIN: Does that need to be clarified, David, in this as an addition to this, or are you comfortable with it as it's just been stated? MR. WEEKS: I think it's okay the way it is, including the understanding of what your intent is. If you're going to adopt this language, we'll take a look at it further between now and adoption, a board hearing. And if you think we need to modify it to make that perfectly clear, we'll do that. MR. STRAIN: Then Pm fine. MR. SCHIFFER: David, isn't what's going to be adopted the material that falls under the tab ordinance? MR. WEEKS: That's correct. MR. SCHIFFER: So the other stuff, whatever is -- doesn't really apply. What it says here is what is going to go forward. MR. WEEKS: But this language that is in the ordinance reflects those changes from your transmittal. MR. STRAIN: Brad, the court reporter is having a hard time hearing you. MR. SCHIFFER: Okay. I'm sorry. CHAIRMAN BUDD: I'm not sure, did we cover -- are there identified speakers? MR. WEEKS: No, sir. CHAIRMAN BUDD: Does that conclude the staff report. Any further questions? If there are none we'll close the hearing. Do we have a motion on this item? MR. SCHIFFER: I make a motion we forward CP- 2003 -2 with the recommendation of approval. MR. ADELSTEIN: I second the motion. CHAIRMAN BUDD: Motion by Mr. Schiffer, second by Mr. Adelstein. Discussion? There is none. All those in favor, signify by saying aye. MS. CARON: Aye. MR. VIGLIOTTI: Aye. MR. ABERNATHY: Aye. MR. STRAIN: Aye. Page 57 T /fa October 7, 2004 MR. ADELSTEIN: Aye. MR. SCHIFFER: Aye. MR. MIDNEY: Aye. CHAIRMAN BUDD: Aye. Those opposed? (No response.) CHAIRMAN BUDD: Motion carries. Thank you. Moving on to CP- 2003 -3. MS. JOURDAN: Jean Jourdan, comprehensive planning. Okay. This petition was to establish the Livingston Veterans Memorial Boulevard commercial infill subdistrict allowing commercial uses in the C -1 district with a maximum of 50,000 square feet. The planning commission recommended to forward to the BCC to transmit to the DCA. And the BCC voted four to zero to transmit to the DCA. CHAIRMAN BUDD: Any questions? There are none. Mr. Weeks, any speakers? MR. WEEKS: No, sir. CHAIRMAN BUDD: There are none. We will close the hearing. Do we have a motion? none. MR. SCHIFFER: I move for recommendation of approval for CP- 2003 -3. MR. ADELSTEIN: I'll second it. CHAIRMAN BUDD: Motion by Mr. Schiffer, second by Mr. Adelstein. Discussion? There is All those in favor, signify by saying aye. MS. CARON: Aye. MR. VIGLIOTTI: Aye. MR. ABERNATHY: Aye. MR. STRAIN: Aye. MR. ADELSTEIN: Aye. MR. SCHIFFER: Aye. MR. MIDNEY: Aye. CHAIRMAN BUDD: Aye. Those opposed? (No response.) CHAIRMAN BUDD: Motion carries. CPSP- 2003 -10. MR. HEATH: Once again, Glenn Heath with comprehensive planning. When this came to you for transmittal you voted unanimously to recommend transmittal but with quite a few changes. And at the board transmittal hearing they relied on your recommendations and voted unanimously to transmit as well. I do want to, again, to state again that the changes that have been made since transmittal are identified in double strike - through underlining. There are several and I'll try to go over them. In our staff report we did something a little bit different, though, and I want to call your attention to it. It begins on Page 7 of the staff report. With regard to the two proposed commercial subdistricts in the Golden Gate City area, we have three versions here for you to take a look at. The first version is the version that was transmitted and that we are -- is coming back to you today. Page 58 16 z 1C.,r,3 October 7, 2004 The second version is some staff tweaking of that -- well, I'm sorry. The second version is a version that was worked out by an ad hoc committee, the Golden Gate Commercial Overlay Ad Hoc Committee, and there are some representatives of that committee here today to talk to you if you would like to hear their points. MR. STRAIN: Glenn, excuse me. Before we go further. The purpose of today's adoption was to forward what's happening as a result of a transmittal hearing which was approved by the BCC, which was approved by the CCPC, which was approved by the DCA. Between that time and now, some group self - appointed itself and as you say, they are unofficial and -- but you did say they're there to extend the work of the sunsetted Golden Gate area master plan restudy committee. Where and -- when did the commissioners do that, because I was chairman of that restudy committee and I sat there for two years. And we were not extending any work from another committee. MR. HEATH: I can tell you how the committee came about. It was an initiative by Commissioner Henning and folks associated with the city civic association. And it sort of evolved into something that now has a staff liaison, Mr. John -David Moss of our staff was working with the overlay committee. MR. ABERNATHY: It's an ad hoc, self - appointed rather than being appointed by the commission. MR. HEATH: Not appointed by ordinance or resolution. CHAIRMAN BUDD: Okay. Hold on. In all respect to the court reporter, let's just argue one at a time. So Mr. Strain, what's your question? MR. STRAIN: It did not meet under the sunset provisions. My understanding of the committee that I had heard about was that they were supposed to take what the restudy committee had put into the J &P and look at implementing that through LDC recommendations, not going back and rewriting everything that the prior boards, including the committee I chaired for two years, recommended to this board. I mean, I read this for the first time and the first time I even heard about it was when this package came out last week, and I was utterly shocked. They are not a group retained by the county commission so I'm curious as to how they even got this far. How did they pay the fees to have a -- to suggest a GMP change? And if they didn't require fees, then why did developers and environmentalists and all the rest of them have to require fees to have GMP changes? This isn't a -- group. If they wanted to work on what they are supposed to work on, that's fine. But to come back and slam the committee that spent two years putting this restudy committee recommendation together and having it go as far as it did is utterly wrong. So -- I don't know -- I personally don't care to hear the rest of the details on this because I as chairman with the responsibility of moving this forward as it was presented, I can't go along with it, I just think it's wrong. MR. SCHIFFER: To clarify that. What you're saying is after the board heard it -- after we heard it, the board heard it and this work was done, now what you're saying is you want to change it. MR. HEATH: Some of this work was actually going on at the time of the transmittal hearings. MR. SCHIFFER: But it was some committee or was it the -- MR. HEATH: I'm not sure exactly how long the committee has been in operation. UNIDENTIFIED SPEAKER: Since December. CHAIRMAN BUDD: Would it not be true to draw a comparison, and maybe I can understand this better. This is a community or civic association that's gotten involved in the process, and that's great, that's commendable. Page 59 /6 z /cq� October 7, 2004 Would it not be true that the Collier Building Industry Association can then meet on an ad hoc basis on a growth management plan related issue and come in and inject itself in the middle of the process and just not respect the appropriate process of planning commission, county commission, DCA? How does somebody just inject themselves, however worthy their cause, however positive their input and they're a citizen's community, fine and everything, but we should stick with the process. How in the heck did they get in the middle of the process? MR. ADELSTEIN: They have a commissioner on their side. We have -- CHAIRMAN BUDD: I'm not sure that's true. MR. ADELSTEIN: We received a first reading on this. We approved it. I would like to add that is what we will vote on today and that only. MR. WEEKS: Mr. Chairman, I also would like to comment that if the sentiment of -- it sounds like at least two members think so. If the sentiment is you are not interested in even considering the proposal from the ad hoc committee, then by all means just skip that -- just be looking at what was transmitted and then the modifications that staff has recommended since then. The modifications staff has made is primarily in the interest of making the language more clear, putting it into ordinance format, and wording. Our position is that if you recommend adoption at all and the board adopts the version that was transmitted, it's going to be problematic because it's, in some cases, unimplementable, it's simply not clear. And again, we tried to make it more clear and so that's why the staff has some significant revisions in its version -- MR. ADELSTEIN: Your revision is on what, ours or the second one? MR. WEEKS: It starts with yours because yours is the base language. MR. ADELSTEIN: And does it finish with ours or does it continue with the second? MR. HEATH: No. It's based on the language that was transmitted. MR. ADELSTEIN: That I accept. MR. WEEKS: That's what is referenced in the staff report, all of the double strike - through, double underline in the staff version is a change to what the board transmitted. MS. SCHIFFER: And then, David, the ordinance proposed, does that show the revisions made by that new subcommittee or is it -- MR. WEEKS: The Exhibit A language in the ordinance reflects staffs revised recommendations. MR. ADELSTEIN: Of our -- MR. WEEKS: Of what you transmitted. MR. SCHIFFER: And does not include the work of that subcommittee? MR. WEEKS: That's correct. Unless it happened to be the same. CHAIRMAN BUDD: Okay. I think we're getting on track with that. So with that manner of presentation, Mr. Heath, is there anything you wanted to provide in that Exhibit A language? MR. HEATH: Yes, sir. The staff version begins on Page 11 of the staff report. The first change is to the introductory -- and the way that this is formatted is to the introductory paragraphs for the downtown center commercial subdistrict. We tried to clarify what we believed was the original committee intent in that regard. And there's some there's a number of changes to that, to that introduction -- the introductory descriptions of what the subject district is intended to do. MS. STUDENT: I need to interject something here, because I've gone through this stuff and I was out sick for a couple weeks, but I don't know that I ever was given any of the committee changes to review for legal sufficiency. I just -- I have one thing here that looks like it's, you know, from what Mr. Heath Page 60 16-T X ;a October 7, 2004 described was the staff version. CHAIRMAN BUDD: I don't think we're considering the committee change. MS. STUDENT: Okay. MR. STRAIN: But at the same time, Marjorie, there's some changes in the staff version that are more extreme. For example, in the transmitted version the requirement to cease existing reservation uses along Golden Gates Boulevard does not apply to owner occupied dwelling units. MS. STUDENT: That's been there for -- MR. STRAIN: I know, but they struck it. The new version doesn't include that. MS. STUDENT: Well, it needs to, because you've just taken -- the reason for the distinction is because if you rent it you can depreciate the rental unit on your taxes and recoup your investment, and you can't do that it if it's your own home, and that's a taking. MR. STRAIN: That's why I'm bringing it up -- MS. STUDENT: Thank you. MR. STRAIN: -- if you haven't reviewed what the staff s version is, how do we know what is being presented and forwarded to the BCC is legally sufficient. CHAIRMAN BUDD: Mr. Weeks. MR. WEEKS: Mr. Chairman, if you look at the bottom of Page 12 of the staff report, the last full paragraph, you'll see that language does exist about the owner occupied. CHAIRMAN BUDD: Where is it? MR. WEEKS: I'm talking about in the middle of that last paragraph, the third sentence starts with "to reduce potential conflicts ". Non -owner occupied residential units have to cease after seven years. And that's based on -- CHAIRMAN BUDD: I agree. MS. STUDENT: Yeah. And I was talking about what other changes may have been made, not staff, but what other changes. CHAIRMAN BUDD: And we're also not interested in considering those other changes. MR. STRAIN: Have you reviewed staffs changes, Margie? MS. STUDENT: I've reviewed rather quickly some of it because it was in line with the comments that I made before. If you recall, there were questions about -- there was an issue about news racks and things like that, so I have -- you know, in the time -- I was sick to the point where I couldn't read or anything, so I had done a quick and dirty review. And if there is anything else that needs to be fixed between now and the board, we will. But this is generally in line with what was transmitted, and I'm okay with it. CHAIRMAN BUDD: Mr. Heath, want to pick the ball up? MR. HEATH: Picking up on Page 13 of the staff report. MR. SCHIFFER: Before we go to 13, these cross - throughs on Page 11, for example, the parking requirement in F is changed. Is that something you wanted changed or -- the concept of having an artist being allowed to have a manufacturing store. Number 3 at the top the page. It's crossed off. Is that something that you changed? MR. HEATH: No. You're looking at the committee version. The staff version starts at the bottom of the page. MR. STRAIN: You have to start at the bottom of Page 11 and look at the same section, you could go over on Page, I believe, 13. MR. SCHIFFER: Okay. All right. CHAIRMAN BUDD: Go ahead, Mr. Heath. MR. HEATH: Okay. Back to Page 13. You can see the staff changes this. We clarified -- we Page 61 /6 T /Ca October 7, 2004 attempted to clarify, and in some cases, I think, kind of fine tuned some of the original requirements. Some of them were a little bit shorter in the amended staff version. Page -- A on the top of Page 13 is the -- what -- the kinds of things that have to be included within the downtown center commercial subdistrict. MR. STRAIN: Glenn, when you have prohibitive uses stated, and you took out some pretty intense prohibitive uses, did you take them out because the intent of the district is not either C -1, C -2 or C -3, and those wouldn't work in those districts anyway? Is that why you took those out? MR. HEATH: Yes. And also, I think, upon -- just upon further reflection and trying to look back at what the original restudy -- the kinds of uses that the restudy committee intended to have in the downtown center commercial subdistrict, there were some things, upon reflection, that didn't seem to fit as well. MR. STRAIN: Like scrap and salvage yards. They wouldn't fit under C -1, C -2, and C -3 anyway, so to take those out isn't doing any damage. I just want to make sure that you're looking strictly at C -1 through C -3 like the committee had suggested. MR. WEEKS: Mr. Chairman, that's correct. The specific example of number three, manufacturing, storage of distribution solely as a primary use is not allowed in C -1, 2, 3. So, as you're suggesting, we're deleting what you can't do anyway. MR. HEATH: And E on about the middle of Page 14 has been changed to reflect an emphasis on multi -story buildings, and the reason we did this is we realized as we were going through this that there were, although maybe the original concept of the committee was to have multi -story buildings with mixed uses, that there were circumstances under which you could have a single -story building that could still comply with these criteria. So we wanted to emphasize multi -- we have a condition on E now for multi -story buildings and -- we have a restriction on -- staff has added a restriction on single -use structures that they can't be residential, because that would be going back to what was -- the committee was attempting to remove anyway. CHAIRMAN BUDD: Keep the ball rolling, Mr. Heath. MR. HEATH: The -- everything else is the -- we clarified an issue on H at the bottom of Page 14 and going over to 15, we clarified an issue regarding the relationship of outdoor restaurant seating areas to the public sidewalk and -- to say that basically an outdoor restaurant seating area could encroach on the public sidewalk as long as there is a 5 -foot clear way between the edge of the seating area and the street edge. And the next item is on Page 15. It is the Collier Boulevard commercial subdistrict. If you'll remember, this is a proposed commercial subdistrict along Collier Boulevard between the north side of Golden Gate Parkway and the northern edge of Golden Gate City and running along Collier Boulevard. And the purpose of this as originally intended by the restudy committee was to allow an expansion back of some of the commercial uses along this portion of Collier Boulevard in reaction to some of the road widening that's going to be going on there. MR. STRAIN: Glenn, on Page 16 of the staff version, again, I'm not -- may not be following this right, so, I mean, you can correct me. The struck out last sentence of the first paragraph of the staff version limits to 35 feet in height, but the second to the last sentence on the page says not to exceed 50 feet in height. Are those two supposed to correspond? MR. HEATH: I think the thinking there was -- to allow for -- the 50 feet allows for three stories whereas the 35 feet really only allowed for two stories. MR. STRAIN: But the committee recommendation was for 35 feet, so how can you do a substantial change like that? You told us at the beginning these are just clarifications. That isn't a clarification, that's a strong change. Are there any more of those like that? Page 62 16 ,z- Ica October 7, 2004 I didn't review this with the intent of critiquing yours, I viewed it with the intent of looking at the transmitted version, so I'm -- go ahead, David. MR. WEEKS: Mr. Chairman, I'm making the comparison here between the transmitted version, the staff version that Mr. Strain's referring to and then the committee -- ad hoc committee version, which I understand clearly that you do not want to consider. And I see in the ad hoc committee version they have made the recommendation of 35 to 50 feet. MR. STRAIN: There is my concern. MR. WEEKS: So I think Mr. Strain is correct. In fact, in this case staff did follow the ad hoc committee's recommendation, which is contrary to what we had presented to you, and we were just making clarification changes. I think -- do you agree that it would be appropriate to go back to 35 feet, because that would be consistent with the staff position of not trying to modify what you transmitted, only to make it more clear? MR. ABERNATHY: Is 35 feet with parking under approximately the same as 50 feet inclusive of under building parking? CHAIRMAN BUDD: Mr. Weeks, is there an opportunity to continue this particular item so that we could actually read it, because I know Mr. Strain has expressed that, with his understanding that we were reading a committee recommendation that wasn't part of the process, we haven't given it the full evaluation. I had some of the same impressions myself. And honest but nevertheless present mistakes may have gotten included in it. And we're either going to be here for many, many hours or we're going to just pass something through that we haven't given appropriate consideration. Is there any opportunity on the calendar to -- MR. WEEKS: Yes, at your next meeting. It would be October 21 st. And the board will hear these on the 26th, so we can -- CHAIRMAN BUDD: So administratively, it would be possible to continue this item? MR. STRAIN: I have got another suggestion. I don't mind continuing, because there's probably only, based on the way we're heading, maybe a few sentences of discussion to finish it off. But if we were to recommend approval of the staff s version under the presumption that the changes are only for clarification, not for substantive issues, I would be comfortable with that. CHAIRMAN BUDD: So a qualified clarified motion clarifying that, barring any oversight, it was an intention that there be no redirection or rewrite of the original recommendation. MR. ADELSTEIN: Would you review it before the 28th meeting? MR. STRAIN: I would do that automatically. CHAIRMAN BUDD: Mr. Heath. MR. HEATH: Can I get some clarification on this, Mr. Chairman. Is that just relative to the two Golden Gate City subdistricts or is that relative to all the amendments? MR. STRAIN: All of number ten is what I would do, because that's what you guys said. CHAIRMAN BUDD: Ms. Caron, do you have something? MS. CARON: No. I was just going to ask Mr. Strain how he would be sure there were not substantive changes made. MR. STRAIN: I'll see the copy that goes to BCC. MS. CARON: I mean, I'm not sure staff would have caught that had you not brought it -- MR. WEEKS: Mr. Chairman, I wouldn't ordinarily recommend this, but in this case, because of the complexity of this, I think it probably would be best if we continued the item. The reason I say that is because, as one of the two persons that chiefly worked on these two subdistricts trying to take the transmitted version and clean it up, as we called it, there were a few cases where we were not exactly clear of what the intent was. Page 63 l6 Z /Ca October 7, 2004 I'll give you one quick example. I saw nothing in the transmitted language that would indicate that a residential -- mixed use of residential over commercial was intended as a use by right; however, in some discussions I'm under the impression that maybe that was the intent of the restudy committee. And if that's accurate, then that's a case where the transmitted language did not reflect that. What we have modified, staffs version, still does not reflect that. It would in fact be a conditional use unless and until a zoning overlay should be adopted that would change that. The point is that I'm not -- I'm a little bit uncomfortable, because of the lack of clarity in some cases in what was transmitted, that staff can in fact be a hundred percent certain that our version has not changed some of the original intent. MR. STRAIN: Well, but if you -- if we passed a motion correcting that through the language that we would stipulate, could you fix it between now and the time of the BCC? MR. WEEKS: If we are going to identify today any changes, such as the 50 feet, that you see, this is not what we had intended, not what we transmitted, then absolutely staff could make those changes, absolutely. My concern, if you made a blanket, staff, go back and check and make sure you didn't do any more goof -ups like that, I'm not certain that we can, since the intent in some cases was not clear. MR. STRAIN: I would just as soon continue on today. I think we may have a concern about the 21 st or the 22nd. MR. ADELSTEIN: If you go back in on the 28th, just make sure we're right. CHAIRMAN BUDD: Let's press on through it with what we have today. Let's take our temperature at the end of this and figure out how comfortable we are. And then in a motion we'll decide whether we're going to continue it or pass it on with qualifying language. Mr. Heath, please pick up where you were. MR. HEATH: Okay. On Page 17, going beyond the two subdistricts, these are proposed changes to the introduction section and the overview section of the Golden Gate area master plan, primarily to describe the progress of the phase one and phase two amendments through the process. There were some errors made originally because part of this had been written before there were some delays in the amendment process, so there were some -- in the second paragraph there, there were some errors in the citing of the particular months. We've tried to fix that. There are some changes to the -- changes -- there were no changes to the transmitted version of the overview section. The next, Goal 4, there were no changes to Goal 4, Objective 4. 1, or Policy 4. 1.1 -- there was one change in 4.1.1, and you'll see this in several places throughout the amendments. We've changed the reference to 2005 to 2006, simply to catch up with where the amendment process is as opposed to where we thought it was going to be when we made the original amendment language. Same thing in 4.1.2 and 4.1.3. On Page 19 now, Goal 5, there was a change to Objective 5.1. MR. STRAIN: And I was going to ask you why did you change 5.1 and why did you strike 5.1.1. MR. HEATH: I think we felt - -well, there is a new Policy 5. 1.1 that -- MR. STRAIN: Right. MR. HEATH: I think it was just felt to be -- we felt this is one of those things that we couldn't quite figure out how to apply that to an implementation. MR. STRAIN: But I thought the purpose of the committee was that there was going to be a series of land development code recommendations to implement the changes by the restudy committee. And those changes to the LDC would have responded to 5. l's need for a specific rural design standard and Policy 5. 1.1 about compliance with those design standards. Wouldn't you normally use the GMP for a vehicle to get to an LDC implementation? So again, you really think you need to cross those out? Wouldn't they be better left in and then the Page 64 /6.- /el_;� October 7, 2004 LDC implement rural design standards? MR. WEEKS: The reason we've made this change, first of all, in Objective 5.1 we deleted the phrase "within Golden Gate Estates ", because the only mention of specific rural design standards are in reference to neighborhood centers. MR. STRAIN: So anytime it says neighborhood centers it's assumed it's in the Estates. MR. WEEKS: Yes. Right. The distinction there is that there are a handful of other subdistricts that allow commercial development in Golden Gate Estates. Those would not be covered by any design standards. It's only neighborhood centers. And that's why 5. 1.1 is deleted, because it would be applicable to commercial, any commercial in the Estates mixed use district, which would include those other subdistricts besides neighborhood centers. MR. STRAIN: And by delegating that you still are able to tie the neighborhood centers into the rural design standards. MR. WEEKS: Yes, sir. Absolutely. MR. STRAIN: Okay. That's fine. Thank you. MR. HEATH: Now, former Policy 5.1.2, new Policy 5. 1.1 there is a change to the title, of course, and there were some spelling and grammatical changes. There were no substantive changes. Policy 5.2.2, at the bottom of the page, again, we changed the year from 2005 to 2006, and that's the only change. On Page 20, Objective 5.3. Again, it changed the year and we added the phrase "be amended as necessary so" just to clarify the intent of the objective. MR. STRAIN: Well, 5.3.1 talks about the 70 -foot wide lawns with staggered requirements. That came about at some discussions on variances that we had on some odd - shaped lots in the Estates, I think on Randall Road or somewhere in that area. How is that -- how are those now addressed if that paragraph is struck? MR. WEEKS: Mr. Commissioners, the way this language was transmitted, it says the LDC will provide for staggered structural setback requirements for adjoining 75 -foot wide lots. Well, setback requirements are minimum standards. So you have a, in the case of the Estates, you have a minimum front and rear setback of 75 feet. If someone chooses to develop farther back than 75 feet, they have the ability to do that. So it's -- we were reading this and saying, required a staggered setback wasn't quite sure what the intent was. What do I -- make one person have a greater setback than 75 feet than the other one, and then how do you decide who has to build further back than the other person? MR. STRAIN: Well, that was a staff - initiated request to the restudy committee in regards to some odd - shaped lots that had both two fronts, apparently they are -- MR. WEEKS: Through lots. MR. STRAIN: Yeah, it was a through lot, and there was some concern about how they lined up. I think it was Randall they didn't line up on, but the other road they did. I can't remember all of the particulars. But staff initiated this request and it was in response to variances that repeatedly tried to correct. And we said we'll correct it one time over by putting this in the GMP. I don't care if you take it out at this point, but you guys initiated it. But if you don't have a solution to it, we're just going to be back here in the same box like we were before this happened. MR. WEEKS: I'm still not clear on -- MR. HEATH: My understanding Mr. Strain, was not that it was completely staff-initiated but that there had been some discussion among the committee members about the need for something like this on these particular lots. Page 65 16 z % -- Z October 7, 2004 What Mr. Weeks was saying, basically, is that homeowners could decide to do this anyway without us having to tell them that they have to do it. MR. STRAIN: If it meets your intent, I'm fine with it. I just was trying to point out that it got there for specific reasons. If you guys are comfortable, I don't have a problem with it. MR. HEATH: The next major change is Policy 5.3.2, it was 5.3.3. The first thing is to not -- is to require the land development -- we felt that there was some things that the land development code actually allows that were consistent with this, and we wanted to make sure that it continues to allow them but it doesn't have to be amended to allow them. And the second issue here was, upon reflection, we were not really sure from the staff point of view is as to how you define, for instance, a wooded lot. If it's a wooded lot -- I mean, I think, you know, conceptually we all have an idea of what a wooded lot is. But is it a wooded lot if there are two trees left? Is it a wooded lot if there are 15 trees left? What constitutes a wooded lot? And we were afraid that we were getting into kind of a messy area with trying to have that as a requirement. Also, the other issue too that the original language encouraged and we felt that it was something that the code allows now and it should continue to allow. It's not necessarily encouraged but it's almost a right, it's an allowance. Goal 6 deals with transportation improvements in the Golden Gate area. Objective 6. 1, there were some minor grammatical changes. Objective 6.3, we changed the name of emergency management to emergency services to reflect two things. One is, emergency management could be interpreted as applying only to an emergency management office, say, at the county level, whereas emergency services we felt was more general and could apply to any emergency responder. Objective 6.3.1, we changed the date in this case to 2005. Again, emergency service -- we changed emergency services officials to providers to be more general. On Page 21, Policy 6.3.2, again, changed the year and again, changed officials to providers. Goal 7 now on Page 21, Objective 7. 1, talks about the Collier County Bureau of Emergency Services, which is the new name of the county's emergency agency. And Golden Gate fire control and other appropriate agencies, made this a little bit more general. CHAIRMAN BUDD: This whole page reflects the same changes on emergency responders. MR. HEATH: Yes. CHAIRMAN BUDD: Let's go to the next page. MR. HEATH: Item Number 6 down there is the Santa Barbara commercial subdistrict. The Golden Gate area master plan restudy committee recommended some changes to the subdistrict to essentially expand it back into Golden Gate City by one block. And the numbering of the subdistrict changed but that was already at transmittal, that hasn't changed. I don't think there was any actual changes to this. Well, there was one minor change at the bottom of Page 22. We took out an extra "and ". Page 23, it states mixed use district neighborhood center subdistrict. Part C, this is a -- this requires a change to one of the bullets. If you remember the neighborhood center language, it talks about the kinds of requirements and features that are allowed in neighborhood centers, the language has a series of bulleted items. We took out the term commercial subdistrict because it's the neighborhood center subdistrict, so we didn't need to say commercial. And there was a change to some older language within -- on the next bullet there was a change to some older language within the requirement. We changed "designation" to "subdistrict ". Page 66 162 4ca October 7, 2004 Item 513, Golden Gage Parkway and Collier Boulevard special provisions. This has to do with the conditional uses subdistrict. MR. STRAIN: On that particular one the commercial zoning was a very, very strong issue in the restudy committee because we had a petition brought to us by the residents of the area wanting the strongest language possible included in this GMP to make sure that that intersection would not be commercialized. Why are you now taking that stronger language out that they put in the committee? MR. HEATH: Two reasons. One is that we felt that the -- this is a conditional uses subdistrict that doesn't allow commercial as a -- within that category anyway. And also there is a -- if you recall there was also a companion policy that went along with this in the goals, objectives and policies portion of the plan and that remains, that is still there. MR. STRAIN: And if this same issue was discussed at the time in the committee, and the comment was that well, putting it in wouldn't hurt anything, and it made the community feel better in regards to the strength of the amendment. In fact an attorney, the guy's name is Thomas, his first name, presented it and suggested it. I'm just wondering where is the need to take it out. It's not hurting anything and it does strengthen it with the citizens' understanding of that paragraph. Do you really need to take it out? MR. WEEKS: It's just a matter of appropriate organization. This section of the master plan only pertains to conditional uses. Talking about commercial uses simply doesn't belong there. As Glenn said, there is still very similar language to this elsewhere within the plan that very clearly says the same thing, no commercial development allowed between Livingston and Santa Barbara Boulevard. That language is still there. We're just removing it here because it doesn't belong. It's talking about commercial development under a conditional uses section. MR. STRAIN: This is the last issue I think you guys have to bring up in this whole petition, though. My comment is simply, you know, we had two years in the restudy commission, you guys had almost a year before you brought it to this board -- before you brought it to the BCC, why are we now at the 11th hour coming in with these changes? What was -- how did it get -- all of those years not having reviewed these issues. I'm puzzled. MR. WEEKS: I should respond. I'm the one that recommended most of these changes. Personally, I'm the staff member with the most experience in code writing language, having worked in current planning, zoning, planning before. I'm a very detail- oriented person and I'm the go -to person for the code language in the department. And I simply did not have time to review this prior to transmittal. My workload was such that I just couldn't do it. So we viewed it as -- I know I viewed it as a work in progress similar to what we'd done a year or two ago with the community character /smart growth amendment. You had one come before you which, in fact, you recommended don't transmit, because it was in such rough shape. But we were recommending, let's go ahead and get it done, transmit it. We know we're going to have to work on it prior to adoption. And same thing here, except I think this is, for the most part this is -- these changes are very minor in nature. Clearly, two subdistricts in Golden Gate City, that's a different matter. But these other type changes are, I would say for the most part, cleanup changes. MS. STUDENT: Commissioner Strain, I'll add to that, that by the time I got the document to review for transmittal, I had some concerns about the wording of it, and I think I even said we'll transmit it like it is and we'll do wordsmithing between transmittal and adoption. And that's part of what David was doing. MR. STRAIN: But -- Page 67 144 z /c,q October 7, 2004 MS. STUDENT: And it came to me very late, so -- as a transmittal, so -- MR. STRAIN: In looking at these, you know, briefly going over them, I agree with you, they are mostly clarifications. I pointed out one issue. I don't know if there are any others, but it doesn't look like there are. I have no problem, I think it's a good thing to clarify it. I just wish that the committee had the opportunity, had gotten the final language so that everybody understood it. MR. HEATH: If I could, Mr. Chairman. That's one of the things that -- it's part of the nature of this process, is a lot of times we're looking at this stuff after a committee has sunsetted. And I know that there were several instances in going through this where David or I said, boy, we'd like -- it would really be nice to know what the committee intended on this particular issue, or it would really be nice to be able to run this language past the committee but we don't have that opportunity. So then we have to make a judgment call as to what we think is going to work and what isn't. MR. SCHIFFER: Phone call. MR. STRAIN: You've got E -mail addresses for all ten members and you used them regularly while the committee was in session. A courtesy would have been -- THE COURT REPORTER: Sir, Pm sorry. I can't hear you. MR. STRAIN: A courtesy would have been to E -mail those committee members. It's a done deal. It's over with. I'm ready to make a motion. CHAIRMAN BUDD: Does that complete your staff presentation, Mr. Weeks? MR. WEEKS: We have three public speakers registered. MR. ABERNATHY: I have a question. What effect, if any, does all of this have on that fellow from Dade County who wanted to put a group home on Golden Gate Boulevard in Golden Gate City? Attorney Stewart was representing him, and he withdrew because all of this was pending. Are they free to go ahead or are they dead in the water? MR. WEEKS: That was on -- yes, on Golden Gate Parkway within the city. That petition -- I don't know what the status of the conditional use petition is. I can tell you that it is consistent with the existing Golden Gate master plan, and as staff has recommended today, it would still be consistent. MR. ABERNATHY: Right on the parkway? MR. WEEKS: Right on the parkway, because the language of the specific subdistrict before you today, that's the downtown center commercial subdistrict. One of the allowable uses in this proposed language would be residential uses and conditional uses of the existing residential zoning district. Well, on the parkway, all of this area in that subdistrict is residentially zoned, so therefore, that conditional use would still be allowed there. The unknown, of course, is whether or not the BCC will make any changes that would no longer make it consistent. And then it's a timing matter if the conditional use gets before the board for action prior to the effective date of this whole issue. Mr. Chairman, we have three speakers. The first is Chuck Mohlke. MR. MOHLKE: Good afternoon. If it pleases this honorable commission, I would like you to indulge me for a moment as I visit with you a little bit about Goal 4. If you would turn to Page 18. We're talking about Goal 4 on Page 18. This, I presume, is designed to provide to future committees organized either on an ad hoc basis by citizens or empowered in some manner by the Board of County Commissioners or this commission to guide future development activities in Golden Gate City. And I would suggest that the commission may, either in this instance or future instances, want to begin a process of distinguishing to a little bit greater degree than you currently do, in my view, between land uses and the consequences of proposed new land uses in terms of plan amendments or land Page 68 October 75 2004 development code amendments and more future - oriented guidance that you are trying to provide here under Goal 4. Now, I'll try not to complicate this explanation, but if you wish to fault me for getting into too much detail, please do. Historically, when you are talking about certain kinds of redevelopment issues, which is what Goal 4 is all about in my view, you tend to lapse into the use of terms of art which are not helpful in guiding future committees, either this commission, the board or future commissions, that may not have a sufficient public record or declarations of intent in order to guide people's actions. Think of the use of the word affordable housing, a term of art that is mentioned consistently through the Florida statutes and rule making. It's unhelpful, in my view, to mention it in the fashion that you have here for two reasons. One is, the exceptional character of the demography of Collier County and its economic circumstances make the classic reference of affordable housing as having a threshold at or below 80 percent of median household income. Eighty percent of median household income for Collier County, because you can't apply it in a subdistrict or a census designated place, it doesn't work. Read the rule. It doesn't work, okay. So that application in this particular instance is not applicable. Let me give you a couple of examples, particularly on the issue of home ownership. If you were to look at the 2000 census in terms of Golden Gate City as a census designated place treated for the purposes of reporting census demography in exactly the same fashion the county is and the three cities in Collier County, you would find such interesting things as there is an equal number of renter - occupied and owner - occupied units in Golden Gate City. Now you have only my word for it. I've got some documentation here that I would be happy to share with the staff. But if you go back historically in Golden Gate City, that is a sharp reversal of past trends in which residential units, owner- occupied, in that four square mile area approached 80 percent. Now you've had a 30 percent decline in terms of share of owner - occupied units. And they compete with rental units in interesting ways. Unless you thought it worthy of consideration to say "below market rate housing ", which would apply to a far greater degree than this generally accepted phrase "affordable housing ", you would find some interesting things. You'd find that renters have a median rent of $743 a month in April -- or rather for the year 1999, incorporated in the April 2000 census. And average monthly mortgage payments are $909 a month. Well, if you've got half, half of your residential units rental, and you want to promote home ownership, you have to begin to account for these economic circumstances and demographic distinctions. If you don't, some poor soul who is going to be on Golden Gate area master plan restudy number three or four is going to look at this guidance with -- and staff will forgive me for putting it this way, a late arriver in the staff complex who is given the assignment of making this work, who was probably in high school at the time you approved this, will be beginning the process of trying to understand what intent was, and intent is not clear. Those four statements are instructive of a general framework that you ought to operate in. But a simple little statement, "affordable housing based on home ownership ", is not helpful. And you are so used to dealing -- forgive me for the frank statements here, but I don't know how else to do this. You are so used to dealing with land use issues and with the language of zoning, either in respect to the land development code or specific petitions before you, that the general context sometimes gets lost when you start considering things like this. This is nice vanilla language. Anybody can agree to this. But it's -- since -- it's a declaration of planning that you want somebody in the future to undertake. None of you will be serving on this board by Page 69 /6l ica October 7, 2004 the time this happens. The institutional memory of this meeting and other things will be lost. And the unbelievable level of detail necessary -- unbelievable level of detail -- that is in all other aspects of the Golden Gate master plan is missing here. Let me also bring up two other matters just for your consideration. The 2000 census reveals something I find fascinating about the four square mile area you're talking about here. It has only 50 fewer people living in it in four square miles than in the 15.5 square miles in the City of Naples. Only 50 fewer people, in terms of full time, domiciled residents. Fifty fewer. And they are composed of white only residents, 49.6 percent; Latino or Hispanic persons, 37.1 percent; Black or African American residents, 10.1 percent. If you were to look at the same information 20 years earlier for the 1980 census, you would find it to be almost exclusively a white community. And that white community had a median age of a hair over 40 years. The median age at the 2000 census is 29.9 years, which means, when you do the arithmetic, that close to 42 percent of the population of Golden Gate City is under 18 years of age. And that that under 18 population is enough to populate, just in four square miles, it's enough to populate a high school, a middle school and three elementary schools, if you count the pre -K student body or the pre -K population. Somehow I think in planning expressions, because this really isn't a planning document, it's an expression of intent, that there ought to be somewhere in here a handy reference that, either in the form of an appendix or in some manner, including such things as the census documentation for Golden Gate City, four pages of very instructive, highly revealing information that was brought forward, thanks to Chairman Strain, repeatedly for consideration and comment when the Golden Gate area master plan restudy committee met. I would hope that in the future, as you address these issues, particularly in the rural county or in some of the areas crying out for redevelopment in East Naples or in Golden Gate City or other parts of the mature urban area of Collier County, that you take it upon yourselves to look at this kind of information as you evaluate and outline a future planning objectives which you have, I think quite correctly, included in here. Now, this last comment is not intended to be facetious but it's going to sound that way. If you were to read the last few words of Policy 4. 1, you would perhaps imagine how someone with the talents of a David Letterman or a Jay Leno or someone else could use the phrase "shall not neglect Golden Gate City as a whole ". Now, if you drop the W, somebody someday somewhere somehow is going to use this pejoratively. And often when you have language in here, you always want to imagine -- because I'm a -- frankly, I'm a politician in many respects, and I look at documents like this in terms of what would I do with this or what is somebody else going to do with this. And occasionally in a policy expression like this, the intention is completely understandable and is well expressed from the standpoint of a planner. But I'm looking at a community group one day who will look this up five, seven, nine years from now and imagine how they can implement this. Which brings me to my final point. I confess I don't know what an implementation schedule is. I do know what a program of work is or a work program. But if you were to read the initial statement in 4.1.1, "By 2006 Collier County shall develop an implementation schedule for creation of a community planning program for Golden Gate City. The implementation schedule shall take into consideration ", and then the bullet points underneath. I hope that someone does not in the fixture interpret that as, well, we got a bunch of dates here on a calendar, and we're going to gather some folks together and they are going to look at this and they are going to begin the process of reevaluating the fine work product that you're looking at today and that you've looked at repeatedly over time. Page 70 /6-z /ca October 7, 2004 Now, these are -- these comments are perhaps harsh and maybe a little more than -- a little aggressive, but I've served one way or the other on three long -term committees, one that met for three and a half years as a citizen's committee to evaluate fire consolidation. I served for 61 meetings on the rural fringe committee. And as a vendor of staff service, I attended not all but most of the meetings of the Golden Gate area master plan restudy committee. And I have a habit of looking at what the original charge was and then looking at the work product at the end and looking at the agony that the committee went through to understand the charge and to implement it properly. So that's the spirit of my remarks. I thank you for the opportunity to make them. They are intended for your consideration only. Thank you. CHAIRMAN BUDD: Questions for Mr. Mohlke? MR. STRAIN: Could you please start that fire consolidation committee up again. MR. MOHLKE: With the permission of Mr. Mast and Chief Peterson, I would be happy to. MR. STRAIN: I notice they are sitting too. CHAIRMAN BUDD: Thank you. Next speaker. MR. WEEKS: Peter -- I think the last name is Flood. UNIDENTIFIED SPEAKER: He's gone. MR. WEEKS: Thank you. The final speaker is Larry Brooks. MR. BROOKS: Larry Brooks. Wayne Arnold was supposed to make this presentation but he had to leave on another commitment. The restudy group did a -- when they were doing the restudy they made some changes that were meant for the east side of 951. We own the property on the west side of 951 on Pine Ridge Road. And if I would have had to do it over again -- it's hard being an out -of- county property owner, and if I would have lived here, I would have probably got with the restudy committee and tried to break our property out from what a neighborhood center is, as ours is a neighborhood center within its own. The other neighborhood centers are littler than what ours is. And there was a -- when we were trying to catch some of the things that were for the east side only and not meant for our property, and when we went about -- bear with me -- going through the process, we had some wording in there that we caught after the fact, where we have a buffer, Tract 107 east; 180 feet of Tract 107 is meant for buffer water management and open space only. But with the new wording that went into effect on the buffers and water management which is on, I guess, Page 22 of Exhibit A, C PSP- 2003 -10, Golden Gate master plan -- I guess that's the wording changes you all have for today -- it talks about the 75 -foot buffer where you can use it for water management now. And also with the wording of conditional use, where probably abutting a neighborhood center can be considered for conditional use, that we missed it and we probably should have brought that up at the time, that that wording may -- should be pulled out or whatever, taken into consideration to be pulled out, and then all of the wording is already in here on buffers and water management. And also on Page 23, Wayne Arnold was saying on B, where it was talking about the project requires permitting of the South Florida Water Management District, that you needed a letter or whatever. And I think he did some wording changes at the planning commission meeting on that one, where he was saying that the letter wasn't needed anymore. He wanted me to present that to you also. MR. STRAIN: I think that you've got a different set of pages than we have. MS. CARON: He's got the ordinance. Page 22 and 23 of the ordinance. MR. STRAIN: Okay. I do recall at our transmittal hearing there was an E -mail sent to you by some members of the restudy committee that some of the provisions that were supposed to be for the east side were not supposed to be taken also as applicable to the west side of 951. Do you recall that? Page 71 40/Z iC;? October 75 2004 MR. HEATH: Yes, I do. MR. STRAIN: Is that addressing this gentleman's concerns? MR. HEATH: It would address part of his concerns. And part of his concerns has to do with that Item B, and that would not have addressed that. MR. STRAIN: What item is that, South Florida? MR. HEATH: Yes, the South Florida letter. MR. STRAIN: I'm not sure that is a big -- South Florida may not have jurisdiction so there's no reason for them to give you letters if it's not part of their jurisdiction. MR. BROOKS: Wayne was saying something about when he did the wording change, I think up in A or whatever, that somehow that was supposed to have been eliminated or whatever. I would have to go back through. MR. STRAIN: I just don't -- MR. HEATH: I remember the discussion. MR. STRAIN: Well, maybe a solution would be for you two gentlemen to get together after this meeting, and if there is a correction needed for what he's saying that's based on the restudy committee's findings, maybe you guys could take a look at that before it goes to the BCC. Wayne would know how to talk with these guys about that kind of stuff. MR. BROOKS: And then on the buffering, just do the same thing with them on that wording on that? MR. STRAIN: As long as it's something that the committee clearly hadn't intended for the west side of 951 -- MR. BROOKS: What it was, was we had a 2.42 acre piece that was for buffer, water management and open space that we've got from Tract 111 to Tract 114. So we own from Pine Ridge Road to 11, and then we had a piece that kicked out on the back side, which is 180 by 660, I guess, or -- they took off the road so it's a little less than that -- and that was meant for water management, buffer space and open space. But with the wording of the conditional use, if the property adjoining that becomes conditional, then the buffer kind of goes away. But with that wording there then that would stay as buffer, water management and open space. So it's kind of a conflicting wording in the ordinance. MR. STRAIN: It's hard to visualize, at least for me, in our discussion. If something could be looked at through staff and then forwarded to the committee as a final for the committee, what they thought about it, I would certainly be open to that. MR. WEEKS: Mr. Chairman, I don't think this is something -- I'm going to guess, correct me if I'm wrong. I don't think that this is something the committee considered. I think the focus of the restudy committee's discussion around the neighborhood centers was on east of 951. MR. STRAIN: Right. That's correct. MR. WEEKS: And this property is on the west side of 951. MR. STRAIN: And we have E -mails from the committee members after the fact when this first came up six months ago that those were to be east of 951, that's why -- I think it's the same issue. MR. HEATH: Also, if I recall properly, they were approved prior to, certainly prior to this, you know, you folks seeing this language. So, you know, whatever they have, they have, and this language would not take it away from them. MR. WEEKS: I hope I can clarify. The language that's before you today -- well, the existing Golden Gate master plan has a requirement, I'll say -- try to be clear -- for properties east of 951, you have a neighborhood center, you have a 75 -foot buffer requirement from the neighborhood center development to the adjacent property outside the neighborhood center if it's developed just with a single family Page 72 14 7- / C R October 7, 2004 residence. The proposed change before you maintains the 75 -foot requirement; however, 25 feet of it may be used for -- or is it 50 feet -- a portion of that can be used for water management purposes as well. You get a dual use but you still have a significant buffer. The private amendment that Mr. Brooks put through the county and had approved several years ago has its own specific buffer requirement. It's one half of a tract, which would be 165 feet. MR. BROOKS: But -- well, it was a full tract. It was the whole 180 feet -- MR. WEEKS: The east half -- MR. BROOKS: -- east of -- well, it's like three pieces, the 107 is like three pieces. So our piece is 180 by 660. MR. WEEKS: The language says the east half of Tract 107. MR. BROOKS: Which is 180 by 660 -- MR. WEEKS: So 180 feet is only to be used for buffer, water management and open space. I think Mr. Brooks' point is, all the other properties, they have a 75 -foot buffer. His properly is a 180 -foot buffer, it's actually more than half of a tract. You're saying the language says one half of a tract. Well, it's 65 feet. A few feet difference. The point is his requirement is significantly greater than the other neighborhood center would have. I believe what he's asking for is, treat me the same. If I have a residential use next to me, make me provide that 75 -foot buffer. And similarly, if it's conditional use or some other non - residential use, treat me the same as these other neighborhood centers, don't make me put in this buffer at all. MR. STRAIN: Did your - -did yours come about from -- MR. WEEKS: Yes, it is privately indicated. MR. STRAIN: How do you change the separate indication? MR. HEATH: It was a separate amendment in a different year. MR. STRAIN: Right. How do you go back and change that amendment? MR. HEATH: So it's already in language -- we're directed by you folks and we'd recommend -- MR. STRAIN: The reason I'm having a little trouble with it is I see my responsibilities as chairman of that past organization to forward what that committee wanted implemented. I can't tell by the discussion I'm hearing now where we're at with that. So I can't, as a member of the restudy committee, say Mr. Brooks is right or you are right. I just need to get a visual -- rm not grasping the situation. MR. HEATH: You didn't, as the restudy committee you did not consider his properties because it was going through a plan amendment that was actually nearing completion while you folks were in -- MR. STRAIN: Okay. So that takes it out of the realm of the restudy committee. Now it's just a practical application for the CCPC. And in his review and application for this public hearing, was this an issue that he had to address through a public meeting process or anything like that? MR. HEATH: I couldn't answer that because I wasn't involved. MR. WEEKS: Project question. Subject to condition of approval, does his property consist of -- how many acres total, Mr. Brooks? MR. BROOKS: 21.28 acres. MR. STRAIN: You were zoned to commercial -- MR. WEEKS: The neighborhood center, through his amendment, was being expanded, and part of that process of approving that expansion was this buffer requirement. MR. STRAIN: Did he have to advertise for public hearings to get that approval? MR. WEEKS: Yes. Page 73 /6T /CR October 7, 2004 MR. STRAIN: And in that approval process, the public meetings that ensued, the public would have heard the buffer that he's proposing now in regards to being able to put his commercial in the location he wants to. MR. WEEKS: That is correct. MR. STRAIN: Okay. Now, the same thing probably needs to happen to change that. I think the public that was informed then, that they had a potential commercial come alongside, and here is what the commercial is going to do to appease your concerns, can't be circumvented by coming to this meeting and saying, we're going to change it. I can't remember what happened then, but I think out of fairness you need to have the same process in order to be sure that the public is properly protected. Is that unreasonable or is that -- MR. SCHIFFER: I agree. MR. MIDNEY: I agree. MR. ADELSTEIN: I do too. MR. STRAIN: You tell me -- I'm listening, I would like to know what you think, David. You've been in this a long time. MR. WEEKS: Well, it's true -- it's the nature of those amendments where we're making significant changes to an element where the public sometimes shows up -- and frankly, I think that what Mr. Brooks is doing, and I don't mean to disregard him, he's piggybacking on the process. You've already opened the door to review this element. And he's coming in and saying, while you're at it can you do something for me as well. And I think -- and Margie, unless you see some legal deficiency in our public notice process -- MS. STUDENT: I didn't. MR. WEEKS: -- on this petition, it's a policy matter. Whether you think it's appropriate, Mr. Strain, I hear your comments and, yeah, some of those neighbors around here might have wished they would have known that this was going to be brought up today. I just simply don't know. MR. STRAIN: As much as I would like to see you get help with this process, Mr. Brooks, I don't know if it would be fair for the same people that you notified about the changes you were going to make from estates to commercial at the time you did them, what you provided them were there for your buffers, their boundaries. If they were here today and could comment and didn't have a concern, then I may not have one -- MR. WEEKS: I think it's purely a policy matter both of this body and the BCC whether or not to entertain this. MR. BROOKS: Then the other question would be, if the piece abutting it did become conditional, then does that still stay -- the wording stay the same? MR. STRAIN: There is an awful lot of theory. I just don't know how to answer your question. I think that would be more of a staff issue. But if you've made a commitment to do certain things on the PUD -- is it a PUD or just a rezone? MR. WEEKS: Neither, it's just a comp. plan amendment. MR. STRAIN: If you've made a commitment to even changing that, whatever you have gotten in the first place, you should use again. I'm just trying to suggest. MR. WEEKS: Again, it's a policy matter. In the past where people have piggybacked on this hearing process, sometimes the board has agreed. Rural fringe amendments are a good example, where some people showed up, and, while you're at it, carve out a niche for me, and sometimes the board did. MR. HEATH: On the same passage that Mr. Brooks was discussing, there is another staff recommended change that we forgot to bring to your attention. Page 74 16.z icy October 7, 2004 This is something that we only realized after the fact. It says, "Projects directly abutting residential" -- MR. WEEKS: What page? MR. HEATH: Page 22 of the ordinance, the bottom of the page. MR. WEEKS: Last bullet. MR. HEATH: The sentence starts, "Projects directly abutting residential property shall provide at a minimum a 75 -foot wide buffer." As we thought about that staff point of view, realized that -- MR. WEEKS: Want me to take it? MR. HEATH: I'm waiting. MR. WEEKS: Oh. MR. HEATH: Page 22 of the staff report. MR. STRAIN: Okay. MR. HEATH: No, it's actually the ordinance. MR. STRAIN: Got it. MR. HEATH: Okay. We realized that from a zoning standpoint there is a difference between residential zoning and estates zoning, and that all of the zoning in Golden Gate Estates is estates zoning. So we need to make a qualification there that by residential -- residentially -- residential property we mean estates -zoned property that does not have an approved conditional use on it. Just as a clarification. So that's what we need. MR. STRAIN: Okay. MR. HEATH: Because, if someone, you know, theoretically, someone could come back and say, well, hey, the property next to me isn't zoned residential, it's zoned estates. MR. STRAIN: That's a good clarification. MR. WEEKS: We have no further speakers. CHAIRMAN BUDD: No further speakers. No further presentations. Any questions of staff on this? (No response.) CHAIRMAN BUDD: Close the public hearing. Do we have a motion? MR. STRAIN: Mr. Chairman, I would like to make a recommendation on public petition CPSP- 2003 -10, with a recommendation of approval to the BCC of the staff s version, under the presumption that the changes that are in the staff s version are only for clarification and not substantive issues. MR. MIDNEY: I'll second it. CHAIRMAN BUDD: Motion by Mr. Strain, second by Mr. Midney. Further discussion? There is none. All those in favor, signify by saying aye. MS. CARON: Aye. MR. VIGLIOTTI: Aye. MR. ABERNATHY: Aye. MR. STRAIN: Aye. MR. ADELSTEIN: Aye. MR. SCHIFFER: Aye. MR. MIDNEY: Aye. CHAIRMAN BUDD: Aye. Those opposed? (No response.) Page 75 /6Z /c,�? October 7, 2004 CHAIRMAN BUDD: Thank you. Motion carries. CPSP- 2003 -11. MR. WEEKS: Mr. Chairman, would you entertain a five - minute break? CHAIRMAN BUDD: Actually, what I would like to do, if we can go for 15 more minutes, because I have to leave at quarter'til. Then you can take a break and you won't have to deal with me anymore. These next few look pretty brief. We have an especially abbreviated presentation on Number 11. Any questions? Any speakers? MR. WEEKS: No, sir. CHAIRMAN BUDD: It was unanimous from the planning commission. It was unanimous at the Board of County Commissioners. If there are no issues, then do we have a motion on that one? MR. STRAIN: Mr. Chairman, I would like to make a motion, recommend for approval CPSP- 2003 -11, CPSP- 2003 -12, CPSP- 2003 -13, CPSP- 2003 -14, and CPSP- 2003 -15. MR. MIDNEY: I'll second. CHAIRMAN BUDD: Okay. Now, I want to make clear that I asked for any comment, public speakers or issues. I want to make sure everybody understood it was on all of those CPSPs as listed by Mr. Strain. So if there are any, speak now so I don't inadvertently trod over somebody's right to be approved. Okay. MR. WEEKS: Mr. Chairman, for the record we have no registered speakers on any of those. CHAIRMAN BUDD: Very good. That's the clarification we're looking for. There being any discussion on the planning commission? None? All those in favor of the motion, please signify by saying aye. MS. CARON: Aye. MR. VIGLIOTTI: Aye. MR. ABERNATHY: Aye. MR. STRAIN: Aye. MR. ADELSTEIN: Aye. MR. SCHIFFER: Aye. MR. MIDNEY: Aye. CHAIRMAN BUDD: Aye. Those opposed? (No response.) CHAIRMAN BUDD: Motion carries. I believe we have no further business. MR. STRAIN: Motion to adjourn. CHAIRMAN BUDD: So moved. Page 76 Z.,Z /C .� October 7, 2004 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:31 p.m. COLLIER COUNTY PLANNING COMMISSION RUSSELL A. BUDD, CHAIRMAN Transcript prepared on behalf of Gregory Court Reporting Service, Inc., by Elizabeth M. Brooks, Registered Professional Reporter. Page 77 Fiala — Halas Henning Coyle Coletta October 6, 2004 COLLIER COUNTY Ms. Susan M. Harp Certified Local Government (CLG) Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 RE: Collier County Preservation Board Meeting Dear Ms. Harp: Please be advised that a public meeting for the Collier County Historic and Archaeological Preservation Board has been scheduled for Wednesday, October 20, 2004 at 8:30 a.m. Please note that the Preservation Board did not meet in September. If you have any questions concerning this meeting, please do not hesitate to call me. My phone number is 239- 403 -2463 or you can e -mail me at: Raybellows @colliergov.net. Sincerely, Raym d V. Bellows, Planning Manager Department of Zoning & Land Development Review (Historic Preservation Coordinator) cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Murray Patrick White Christopher Brown Linda Bedtelyon ' i lei IC__3 lb.. IC 3 >C:N AGENDA COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 8:30 AM, WEDNESDAY, OCTOBER 20, 2004 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT SERVICES DIVISION, CONFERENCE ROOM 609, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. ROLL CALL /ATTENDANCE: 2. ADDENDA TO THE AGENDA: 3. APPROVAL OF MINUTES: August 18, 2004 (No meeting was held in September) 4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT: 5. Ol_D BUSINESS: A. Otter Mound - Marco Island, Addison Estates, Lots 1, 2, & 3. B. Nehrling's Tropical Garden (David Drapsia) C. Revision to Historic Preservation Guide 6. NEW BUSINESS: A. Outstanding Advisory Committee Member Program B. Select new Preservation Board Members C. Cultural Resource Assessment Survey for the Royal Palm Academy 7. DISCUSSION OF ADDENDA S. ADJOURN IZ n II,I ". Ili. i+ , _. ti..rpd'! hii %, Donna Flala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Colette District 5 J6,7- /C 3 AaW101Wd4" foamey 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -9097 + Fax (239) 774 -3602 September 23, 2004 Collier County Advisory Committee/Board Chairmen and Members CIO Advisory Committee Staff Liaisons Dear Advisory Committee Chairman and Members: The Board of County Commissioners (Board) currently has more than 45 Advisory Boards, Committees, Authorities, Commissions, Task Forces and Councils composed of more than 350 volunteers who are appointed by the Board to serve on the committees. Your Committee's input is invaluable to the Board in malting decisions that impact all of Collier County, On behalf of the Board, I am pleased to announce a newly created program entitled the Advisory Committees Outstanding Members Service Award Program. On September 21, 2004 the Board adopted Resolution No. 2004 -280 creating this program to recognize outstanding members of Collier County's Advisory Committees and to honor and reward such members for their outstanding and dedicated service to Collier County. There are two components to the program, Service Awards and Achievement Awards. The Service Award recognizes Advisory Committee Members based on years of dedicated service. Members will be recognized during aregular Board meeting and will receive a volunteer pin with the number of years served engraved on the pin. The Achievement Award is to recognize and reward outstanding Advisory Committee Members for significant contributions to the organization and/or community. Outstanding Advisory Committee Members are nominated by their respective Committee Members. Upon your Committee's selection of a nominee, your Staff Liaison will submit a nomination form to the Human Resources Awards Committee. The Awards Committee will evaluate and select a volunteer from the submitted nomination forms. "Mere will also be a Volunteer of the Year selected by the Awards Committee from the Outstanding Advisory Committee Members pool. The Board of County Commissioners will honor the Outstanding Advisory Committee Members and the Volunteer of the Year during regular Board meetings. /62 /C3 Outstanding Advisory Committee Member Nomination and Selection Workflow Procedures and Instructions For Advisory Committee Members 1. On September 21, 2004, the Board of County Commissioners adopted Resolution No. 2004- 280 creating a program to recognize outstanding members of Collier County's collective advisory committees and to honor and reward such members for their outstanding and dedicated service to Collier County. 2. Liaisons should add an item on the committee's agenda to discuss nominating a committee member. It is not mandatory that someone be nominated. 3. If a member of the committee wishes to recognize another member for outstanding service, that member should complete the nomination form and provide it to the Committee's Staff Liaison for inclusion in the next Advisory Committee agenda for consideration and vote. 4. If there is a nomination, the Committee should vote on the item and, if approved, the Chairman and the Staff Liaison should sign and complete the nomination form. The Staff Liaison will then submit the form to the Human Resources Department no later than the first of the month prior to the award month (i.e. January Outstanding Advisory Committee Member nomination form is due to the Human Resources Department by December 1St) 5. The Human Resources Awards Committee will evaluate and select a volunteer from the submitted nomination forms. Nominees not selected for a particular month will remain in the pool of nominees for future selection during the subsequent 5 -month period. 6. The "Volunteer of the Year" is selected from the "Outstanding Advisory Committee Member" pool, which takes place at December's selection meeting. There is no selection for an "Outstanding Advisory Committee Member" in December. 7. Outstanding Advisory Committee Members will be honored by the Board of County Commissioners at the first meeting of each month. The Volunteer of the Year will be honored by the Board at the first meeting in January. I: Forms/ County Forms/ BCC Forms/ Advisory Committee Outstanding Member Nomination Form Workflow for Committee Members WWS 9.23.04 146 __4 /C 3 Co per C014nty ADVISORY COMMITTEE OUTSTANDING MEMBER NOMINATION FORM The objective of this program is to recognize significant contributions to the organization and/or community by members of the many advisory boards and committees formed to assist the Board of County Commissioners in carrying out their elected duties. All committee members who have completed at least one -year volunteer service on an advisory committee are eligible for nomination. A committee may nominate one of their members if they satisfy one or more of the criteria listed below. The specific reasons for the nomination should be documented on this form under the specific criteria. Attach additional pages if necessary. Nominee's Name: Advisory Committee: Date of Appointment: Nominator's Name: Liaison: Liaison Phone: 1) Does the member strictly follow the Ordinance creating the committee? 2) Does the member have an excellent attendance record? (At least 90% attendance or no more than one absence in the last 12 months.) 3) Give specific examples of exemplary volunteer service. 4) Describe a uniquely innovative solution to a problem. 5) Detail an implementation of a recommendation that resulted in cost savings or increased productivity. Nominator's Signature Date Advisory Committee Chairman's Signature Date Staff Liaison's Signature Date On (enter date of Advisory Committee meeting), the above referenced Advisory Committee voted to to nominate the above referenced member as Outstanding Advisory Committee Member. Staff Liaisons are to submit the completed form to the Human Resources Department no later than the first of the month preceding the award month. I: Forms/ County Forms/ BCC Forms/ Advisory Committee Outstanding Member Nomination Form WWS 9.22.04 RESOLUTION NO. 2004 - 2 00 14Z /C3 Agenda tiern N4 4 SE1 September 1A, 2004 Page 3 of 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, APPROVING THE EXPENDITURE OF COUNTY FUNDS TO INITIATE A PROGRAM TO RECOGNIZE OUTSTANDING MEMBERS OF COLLIER COUNTY'S ADVISORY COMMITTEES AND TO HONOR AND REWARD SUCH MEMBERS FOR THEIR OUTSTANDING AND DEDICATED SERVICE TO COLLIER COUNTY AND DECLARING THAT SAID EXPENDITURES ARE AUTHORIZED AS SERVING A VALID PUBLIC PURPOSE. WHEREAS, the Board of County Commissioners ` directed staff to create a program to recognize the outstanding service and long hours various Advisory Committee members dedicate to the County; and WHEREAS, the staff has devised an awards program that will accomplish the directive given by the Board of County Commissioners by establishing an Achievement Award that will recognize a Committee Member of the Month and a`Committee Member of the Year based on outstanding and meritorious service and a separate Service Award that recognizes the years of service provided by selected Advisory Committee Members; and WHEREAS, in honoring these outstanding and dedicated Advisory Committee Members the Board of County Commissioners may present those selected with certificates, plaques, ribbons, decorative pins, or other such ornamental awards to commemorate the occasion; and WHEREAS, Collier County Ordinance No. 87 -5 allows for expenditures of County funds to enhance County employee productivity, and recognizes that the promotion and engendering of good will toward the County is an important factor affecting the pride of County employees and volunteers in their work, provided that the Board of Commissioners adopts or has adopted an implementing resolution setting forth the specific purposes of the expenditures; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT lu C t �} Agenda item No. 16E1 September $4,2004 Page 4 of 4 1. The Board further finds that an awards program that honors selected Advisory Committee Members with certificates, plaques, ribbons, decorative pins, or other such ornamental awards to honor and acknowledge outstanding achievement and dedicated service to the County serves the valid public purpose of promoting and engendering good will toward County Government and increasing productivity and for those reasons the Board hereby authorizes disbursement of moneys to pay for said expenditures. THIS RESOLUTION is adopted after motion, second, and majority vote favoring adoption this 1 fk day of September 2004. '-1 ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attorney Ul 16Z /C 3 September 22, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD Naples, Florida, September 22, 2004 LET IT BE REMEMBERED, that the Collier County Historical Archaeological Preservation Board in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION at the Collier County Community Development Services Division, Conference Room 609, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Joanne Quinn (Resigned) John Thompson Bill Tyson Will Dempsey Adams Brooks (Excused) Diane Gonzales (Resigned) Thomas Franchino (Absent) ALSO PRESENT: Ray Bellows, Chief Planner Chris Brown, Planner 1 I6.z l r, 3 September 22, 2004 Meeting was called to order at 9:00 AM by John Thompson. 1. Roll Call/Attendance — A quorum was not established. The meeting will not be held. The next meeting will be Wednesday, October 20th at 8:30 AM. It was noted there are member applications to be gone over for the two vacancies that exist. They will be addressed at the October meeting. There being no quorum, the meeting was adjourned at 9:02 AM. Collier County Historical/Archaeological Preservation Board Chairman Linda Quinn 4 ENVIRONMENTAL ADVISORY COUNCIL Fiala AGENDA Halas November 3, 2004 Henning (,ogle 9:00 A.M. oletta- Commission Boardroom W. Harmon Turner Building (Building "F ") — Third Floor I. Roll Call II. Approval of Agenda III. Approval of September 30, 2004 Meeting minutes IV. Land Use Petitions A. Planned Unit Development No. PUDZ- 2003 -AR -3608 "Orangetree PUD" Sections 13, 14, 23 & 24, Township 48 South, Range 27 E V. Old Business VI. New Business A. Total Maximum Daily Load presentation by Eric Livingston, D.E.P. B. Workshop presentations of Sunshine Law /Ethics /Public Records /Ex -Parte ➢ Wednesday, November 24, 2004 from 8:30 a.m. to 10:00 a.m. ➢ Friday, December 10, 2004 from 2:30 p.m. to 4:00 p.m. C. Consideration of a special meeting to review proposed TDR amendments to the GMP VII. Council Member Comments VIII. Public Comments IX. Adjournment Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on October 29, 2004 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (403- 2424). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure }that a verbatim record of proceedings is made, which record includes the testimony and e \Ad0rYce`d'0i6n which the appeal is to be based. t _t0_q_ /�0-�[- e September 30, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD Naples, Florida, September 30, 2004 LET IT BE REMEMBERED, that the Environmental Advisory Board in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Alfred Gal William Hughes Joe Gammons Judith Hushon Erica Lynne Ken Humiston Ed Carlson (Resigned) Mike Bauer (Resigned) Mike Sorrel (Excused) ALSO PRESENT: Barbara Burgeson, Environmental Specialist Marjorie Student, Assistant County Attorney Russell Webb, Community Dev. & Environmental Serv. Stan Krasowski, Engineering Review 1 /1g /Cy September 30, 2004 I. Meeting was called to order by Chairman Alfred Gal at 9:00 AM. Roll Call was taken with Mike Sorrell being excused. Ed Carlson and Mike Bauer have resigned. Their positions will be advertised. A quorum was established. II. Approval of Agenda: Mr. Hughes moved to approve the Agenda as presented. Second by Mr. Gammons. Carried unanimously 6 -0. III. Approval of July 7, 2004 Meeting Minutes: Mrs. Hushon had an excused absence from the July 7th meeting. Mr. Humiston moved to approve the Minutes of July 7, 2004 as amended. Second by Mr. Gammons. Carried unanimously 6 -0. IV. Land Use Petitions: A. None V. Old Business: None VI. New Business: A. Total Maximum Daily Load Presentation by Eric Livingston, DEP Re- scheduled for the November 3rd meeting. B. Land Development Code Amendments Cycle 2 Ms. Burgeson mentioned there are 2 changes related to Environmental issues. New packet was handed out by Russell Webb - Community Development & Environmental Services with the updated revised version. • 3.5.11.3.1— Littoral Planting Code — Page 55. Had been presented to the Board of County Commissioners. • Change language — "may have to" meant they "would have to" under the circumstances that applied. It was changed to read "Shall." Doesn't change the intent of the language. Ms. Hushon stated the reason plantings don't work is the levels of water are raised and lowered up to 2 feet during a year. She wasn't sure replanting or re- sloping will succeed as recommended. No matter where they are planted — they will be high and dry, or under water. Ms. Burgeson responded that is why there is a requirement of a detailed study of the lakes to identify whether there are gentler sloping areas or adjacent to preserves — they don't require re- grading, but the developer could if they want to for the vegetation to survive. There is an obligation for them to have an 80% survival rate. Typically through reviews and 2 /�, Z ICY September 30, 2004 Code Enforcement phone -in reports the residents are re- visited and required to replant. Ms. Hushon asked that a formal recommendation should possibly be made that they be planted before the winter months or rainy season. Ms. Burgeson stated the Development Community asked they not require the re- grading. Some of the older lakes have a minimum area and re- grading would bring them closer to backyards. 2nd Land Development Code Amendment — Vegetation removal and Site Filling — Page 72 — Section 4.06.04 • Revamped it completely — it was confusing. • Added new criteria to allow for clearing and filling prior to a building permit. Has been a hot issue with single family residential homes to be cleared and filled prior to the building permit and with price increases of concrete and having the pads poured as soon as possible. • Added 4, .06.04 A. — sub - section (i) - can clear and fill when they have acquired a building application submitted to the County and assured all State & Federal permits have been obtained. • Haven't been allowing clearing and filling in the Golden Gate Estates lots because the second obligation for State and Federal permits prior to building permits happens infrequently. When they wish to get them early and submit sufficient application, they can clear up to 1 acre prior to getting the permit. Also allowing flexibility where the old language allowed up to 25 acres of clearing and filling when there has been excess material from lake excavations on site — it was to allow for up to 25 acres. In the Amendment they are allowing up to 10 acres of the 25 to build some of the building pads for the SF homes. • Other changes — requiring erosion control fencing around the stockpiling. Reduced the length of time the stockpile can remain from 24 months to 18 months. Had been presented to the Development Services Advisory Committee with no objections to the two amendments. Will be presented to the Planning Commission next Monday. Ms. Hushon asked about "specimen trees" being maintained on lots and not gross clearing — especially if they are native specimen trees. In the new version the language had been taken out. Ms. Burgeson responded keeping the trees end up being cleared later for grading and water management issues. K 16 J September 30, 2004 The developers have an obligation with the requirement with the areas being 25% native vegetation. The permits are reviewed by the Environmental and the Engineering Departments. Stan Krasowski — Engineering Review — they have to submit a plan to stockpile the fill and have been around for 6 years. They let them clear where there are going to be structures up to 25 acres and then they coordinate the construction. Ms. Burgeson stated they have gone through all the reviews and approval and it can't be on an undeveloped property, but on a site with approvals so they know the final product will be there. Mr. Humiston inquired about the section on Architectural Site Design Standards. Asked about light pollution. Seems several places in the County are well lit early in the morning and is a tremendous waste. (Energy issue) Ms. Burgeson mentioned Ed Carlson brought that issue up in the past and wanted staff to research the "dark skies" regulations mostly in the Eastern Lands area. Could be researched on a County wide basis. Mr. Krasowski stated all their standards are minimum standards. They want at least 4' candles or 2' candles for so much lighting. They do not have any maximum standards and had no idea how to do that since they have problems getting them to conform to the minimum standards. They are based on the Institute of Illuminating Engineers handbook. Want car traffic to be safe in order to see obstructions without having to rely on their lights solely. FP & L won't do the designs as there is some type of a legal liability. Maximum standards would be hard to enforce. Discussion followed on different areas, examples and ventures with lighting such as the beach and parking lots. It will be researched and put on future agendas. Ms. Lynne referred to Page 90 — Section B — Shielding Standards to also be looked into. For a point of clarification Mr. Webb told the committee they performed a Recodification of the LDC —just restructuring and reformatting — no substantive changes. Mr. Gal asked if the Vested Rights Procedures was new. LDC 1.15 Marjorie Student — Assistant County Attorney — the vested rights provision has some minor tweaking from what existed in Division 17 of the current LDC to be superseded by the new LDC. The "Takings" is modeled after a process in 0 IL z lc Y September 30, 2004 Pinellas County. It's an opportunity for the property owners to come before the BCC to work out. Ms. Hushon talked about the signs on I -75 being damaged during the hurricanes. She wondered if they are making any provisions of hurricane proof signage so large pieces of plastic are not blowing around. Mr. Webb mentioned they anticipated on making provisions in the next Cycle, but nothing on hurricane proofing the signs. He will take it to Susan Murray, Land Development Review if she felt it was necessary. Mr. Krasowski informed the Committee there are wind zones in the Count with 130 MPH design speed. Nothing will withstand higher winds if a Hurricane such as Andrew would come through the area. Standards would need to be set for a certain wind speed. Mr. Webb will bring the issue to Susan Murray's attention. VII. Council Member Comments: Ms. Burgeson mentioned there are 120 petitions under review right now. Due to the work load they haven't gotten through staff review and are waiting for re- submittals. Mr. Hughes asked about road planting trees. He inquired about roadside tree locations, trees adjacent to power lines and conflicts between infrastructure and architectural plantings. Different types of trees lost during the Hurricanes were discussed. The Tabebuia, Hong Kong orchids and weeping figs suffered in the Grey Oaks area. Certain trees should not be in certain locations. Mr. Webb tried to find a provision concerning the issue — the LDC Section 2.4.4.2 (Old) New LDC Section 4.6.05 C2 — page 82 of today's packet was the only area he could find that addresses tree height. Mr. Hughes wanted to make sure when they are doing the Amendments the palms and other trees are addressed in developments. The issues are trees lining up in a row, particular variety of trees and Codes being applied to trees being planted under power lines with a possible height limit. Site lines are also a concern. Mr. Webb will address this issue with Nancy Simeon and Mike Sawyer. There is no regulatory review of the plantings in the medians. Transportation and engineering staff can be invited to a future meeting. They are in charge of that department. /b-y /C�( September 30, 2004 VIII. Public Comments — None Mr. Hughes moved to recommend the approval of lake transfer of fill (Vegetation and Removal Site Fill 4.06.04) and the (Littoral Planting Amendment Section 3.5.11.3) agreeing with the position. Second by Mr. Humiston. Carried unanimously 6 -0. Mr. Hughes moved further consideration should be made to the Littoral plantings with walling them in the developments. Without a second the motion was not considered. But Ms. Burgeson will have a landscape architect do a presentation on the current regulations at a future meeting. It is not an environmental issue, but felt the Committee would like some education on the subject. Mr. Hughes would like to see representatives from South Florida Water Management at a future meeting. He would like a review and clarification of their operations and activities. Ms. Burgeson stated they are invited and have been invited to each meeting and will continue to encourage their staff to attend. According to State Statutes Collier County has adopted the jurisdictional determinations of the South Florida Water Management District. She can contact and schedule a presentation on their new regulations. Mr. Hughes moved to invite Jackie Rippe to one of their meetings. Without a second the motion was not considered. Mr. Hughes moved the Committee ask staff to draft a letter inviting SFWM to one of their meetings to review their review process and for Mr. Gal to sign and forward to the appropriate party. Second by Ms. Lynne. Carried unanimously 6 -0. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:55 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COMMITTEE Chairman Alfred Gal C� Fiala Halas Henning_, Coyle Coletta COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) September 29, 2004 Board of County Commissioners Meeting Room Fay Biles, Chairman — District #1 Commission District - Present Bob Laird — District 1— At Large - Present Heather Rockcastle — District 1— At Large - Present Denver Stone - District 2 Commission District - Present Michael Bridges - District 3 Commission District - Present John Dowd - District 4 Commission District - Present Deborah Wright — District 5 Commission District — Present Gail Dolan — Naples Community Hospital - Absent Jim McEvoy, Chief — City of Naples Police and Emergency Services - Absent Judith Nuland — Collier County Health Department - Present Michael Murphy — Chief — City of Marco Fire and Rescue - Present Rob Potteiger — Assistant Chief — Collier County Fire Chiefs Association - Absent Dr. Joel Moll, — Cleveland Hospital - Present Al Beatty, Captain, Collier County Sheriffs Office - Absent Chairwoman Biles called the monthly meeting of the Emergency Medical Services Advisory Council to order. The minutes of the July meeting were approved when we did not have a quorum. We are going to go back and approve the minutes of the July 29, 2004 meeting and August 31, 2004. Mr. Laird made a motion for the approval of the July 29 and the August 31 meetings. Minutes were seconded and passed unanimously. OLD B USINESS: The Board of County Commissioners approved the position of John Dowd in the position of District 4 Representative for the second term. NEW B USINESS: Chief Jeff Page informed the Council EMS had activated for all of the recent storms. Hurricane Francis, Ivan and Jean. EMS was deployed to Okeechobee County for Hurricane Francis to assist in the evacuation of a hospital. There were three units sent over and they transported patients back into the Tampa area. Four teams were also deployed to St. Lucie County however they had enough resources and they were sent back to Collier. The strike team deployment were a part of a Collier County Task Force composed of fire districts and apparatus from North Naples, East Naples, Marco Island, Golden Gate, City of Naples along with the EMS units. I�CL�1 C-5 I6:Z /CS Staffing: Testing was held on September 24 for the EMT positions. There were 18 applicants that tested. Five were considered for hire. The background checks are being completed and we will report to the board how many are hired. October 6, 2004 there will be a testing for Paramedics. We will report back to the board on how the testing goes. Public Information Specialist — Camden Smith The Journal of Emergency Care Rescue and Transportation published an article written by Ms. Smith. JEMS magazine will have an article in their October edition. This is all national coverage for Collier County EMS. An article was handed out on Whit Watson, the young man, who was struck by lighting during one of the Hurricanes. The father wanted to relay to all of EMS and firefighter paramedics who worked with his son were absolutely fantastic. The father and the son would like to be present when the Phoenix awards for saving Whit's life are awarded. Two employees of the month recently have been from the EMS Department. Cindi Gordon, Administrative Secretary was selected for the month of July and Mark Holmes; EMS Pilot was selected for the month of September. The Board of County Commissioners also presented a Proclamation to Tim Rudizitis for donating his bone marrow. There was also an article on the 911 Memorial that was an event of the firefighters and they allowed EMS to become a part of the event. Training Report — Chief Jorge AQUilera: The department is one day away from finishing the Acute Stroke Management Course. Over 200 people have been to the in- service in the last two weeks. Recently Florida passed legislation "Florida Stroke Act" which creates standards to identify hospitals that will become stroke centers. The training will mirror adoption of that legislation. Jorge introduced Deborah Tamargo, Director Heart and Stroke for the American Heart Association. Ms. Tamargo first recognized the Collier County EMS system and Chief Aguilera because they were in front of the bill. Many communities have been waiting for the bill to be enacted. Collier was taking a lead and providing quality services prior to the bill. Ms. Tamargo wanted to commend our system. The bill will give them more strength and ability to do more for stroke victims. The Florida Stroke Act enhances the ability of EMS and hospitals to treat stroke victims. Time is brain and every second counts when dealing with brain or heart attack. We now hope to save lives by being aware of the signs, symptoms and actions of a stroke. By knowing the signs, symptoms and actions and calling EMS to the scene a more serious stroke can be adverted. EMS now will be qualified and trained 0 to treat strokes at the place where the victim is located. When EMS arrives they will institute protocols, and they will be trained in the NIA stroke scale. This informs what kind of stroke you are having and what treatment is necessary. Elevating the head of a stroke victim is the wrong thing to do. EMS is trained to flatten the head. Do the assessment, fill out a form, and draw blood so when EMS arrives at the hospital there will be a stroke team waiting for the patient to arrive. They will continue the assessment until they know if the victim is a candidate for an invasive treatment whether it is a TPA or a clot buster or interpenetration treatment. They will have assessed the patient and the patient will have options for treatment. It is important to treat this in the window of opportunity, which is with in a 3 hour time period. The Stroke Bill will make it a requirement for a victim to be taken to the appropriate center. Many times in the past victims were taken to the closest hospital and they were not trained to access a stroke, they did not react to a stroke alert that would have been called in by EMS. Consequently the patient was not given an opportunity to select a more aggressive treatment for stroke. They would have been checked in and in a few days went to rehab and to recovery. This is longer, often much longer, and often not as rapid progress as someone who is treated with a more up to date practice. The Stroke Bill will mandate a law so EMS is legally obligated to take a victim to a center that is appropriate for treating strokes. The EMS Department and the Medical Director will access the hospitals. They will complete and sign a form that will be on record by January 2005. This will give EMS throughout the State the ability to by pass and go to a primary stroke center. Heart Readv Award. Ms. Tamargo stated Collier EMS had been very aggressive in making the community aware and knowledgeable about the benefits of having the Automatic External Defibrillator available throughout the community and in areas where the public can readily access and treat the victim of Sudden Cardiac Arrest. The only known remedy for sudden cardiac arrest is the electrical shock. The survival rate has doubled in cities and communities where the AED machines are available. American Airlines in two years have had a survival rate of 50 lives. Areas where there are good AED programs such as Seattle have a survival rate of 40 %. The average for the United States is only 5 %. The American Heart Association has a program they are presenting in the State of Florida. This program is called " Heart Ready ". We will be working with cities, counties and communities. Chairman Biles inquired to the survival rate of Collier County? Director Page stated last years survival rate was 36 %. Database Administrator Report — Dave Stedman: Time Warner has donated some cable modems at a drastically reduced rate. This will improve our network speed out to the remote stations. We have been trying to get this project completed. It looked like it wasn't going to happen because of the expense. It was because of Time Warner and their generous offer that this was able to become a reality. Chief Murphy had asked for information concerning interfacility transports. Dave had the information concerning Marco Island Urgent Care. There were only 13 calls in the last 3 months that would qualify as an interfaciltiy transport. This may or may not be accurate because Dave has been working on a program to find data entry errors. We have over 150 people inputting to the same database. All 13 of these calls should have been qualified as interfacility transports while in fact only 4 3 16Z is s of them were, the rest qualified as actual transports. Which would have meant they were from scenes not interfacility. Those 13 calls were down considerably from the same period last year. Chief Murphy wanted to verify that a Q A process was in place and forwarded to a supervisor for evaluation. Mr. Stedman stated this process would be included in an automatic trigger situation that will forward to Jorge or Helen for review. Chief Murphy wanted to make sure NCH was transporting the majority of the interfacility and the facility wasn't calling EMS just because it took NCH to long to get there. Report by Director Pare: Director Page wanted to remind the Council next month is the first meeting of the fiscal year. October is the month we vote for the new chair of EMSAC. It is important everyone attend so a quorum will be present and everyone can vote. Stretcher Transports: Director Page had correspondence with NCH officials today. They are putting up their 2 "`' interfacility transport unit on October 1, 2004. This should provide the Marco transports and the extra interfacilties needed for the season. EMS will provide them some equipment to get the unit on the road. In the EMS billing ordinance we had identified the stretcher only type transport. That is working very well. That unit is referred to as Medic 51. It is up at the present time as a 12 -hour unit. Medic 50 covers the calls that come in after it is down from approximately 8:30 PM until 8:30 AM. There have been on average 4 calls a day when the stretcher transport is used. The County does have a contract with a community transport provider to do stretcher transports. They are exempt from being required to have a COPCN. Nursing homes and NCH can continue to use this provider but should they have a need for assistance we will provide those transports. A letter did go out to all providers who were providing stretcher transports in the county. Ms. Wright inquired who was the contracted provider. Director Page stated it was Community Transportation. TLC is also a part of the provider. Isles of Capri and Ochopee: The ALS engine is due to come up in mid October for Isles of Capri. Ochopee just started union negotiations so that will be on the back burner for a while. North Naples Fire contacted us a few weeks ago and we believe we will be able to start the ALS engines in North Naples by the first of the year. If this is accomplished there could be as many as seven ALS units in the North. Auto Pulse: The Auto Pulse will be the first purchase for the Fiscal Year. That is the compression machine that was demonstrated for the Council. That should go to the Board by October 12. It will be on the EMS units and most of the ALS engines. 4 /bZ ics Items from the Board. Chief Murphy went over some of the small things that happen during the hurricanes. One was the telephone system and 911. Captain Al Beatty said there were problems with a generator that was damaged in the northern part of the state. This caused an overflow locally. If you tried to dial outside of your exchange you could not get through. The back up generators also failed. Mr. Bridges inquired who were the present 911 providers. Captain Beatty informed the Council the provider was Sprint, in Johnson City, Tennessee. Mr. Bridges wanted to know if a stand alone back up data base system had been considered. Lee County is looking into that now, getting updated software every three months. Chairwomen Biles heard complaints about Naples and Marco not having enough coverage during the hurricane. Ms. Smith reported the Government channel had interviews every hour. The government channel was constantly doing scrolls, and other informational bits. Chief Murphy thought everyone who had worked on the Hurricane should receive kudos. It was a very good cooperative effort by everyone. Bob Laird made the motion to adjourn, motion 2nd by Mr. Dowd. Meeting adjourned. NEXT MEETING WILL BE HELD 2:00 P.M. OCTOBER 27 — Board of County Commissioners Meeting Room 4 Biala V Hales .._`� /�zy Nanning Coyle Go _. DATE: TO: FROM: MEMORANDUM October 21, 2004 Board of County Commissioners Pat Lehuhard, Administrative Assistant, OMB SUBJECT: Productivity Committee Meeting Minutes idz Enclosed for your information and files are the Productivity Committee's Regular Meeting minutes of September 15, 2004. Please do not hesitate to contact me at 774 -8973, or Debbie Wight at 774 -8383, should you have any questions. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Pat Blaney, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Jeremy Giles, EDC Collier County t� Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 ` Voice: (239) 774 -8973 Fax: (239) 774 -8828 /6-7 /C( COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - September 15, 2004; 2:00 p.m. Members Present: Dex Groose, Al Kozel, Helen Philbin, Syd Blum, Rob Dowling, Stan Farnham, Celia Fellows and Steve Harrison Members Absent (Excused): Joe Swaja, Janet Vasey and Matt Hudson BCC Liaison: Commissioner Fred Coyle was present. Staff Present: Amy Patterson, Impact Fee Manager; Denny Baker, Financial Administration & Housing Director; Debbie Wight, Assistant to the County Manager, and Pat Lehnhard, Administrative Assistant, Office of Management and Budget. I. Introduction: A. Opening Remarks - A quorum being present, Dex Groose, Vice - Chairman, called the meeting to order at 2:00 p.m. B. Approval of Minutes - The Chairman asked for a motion to approve the August 18, 2004, meeting minutes. Al Kozel stated on page 4, Item C, third paragraph, the word "if ' should be changed to "in ". The line would then read, "Janet suggested the committee review one specific area in the budget." Pat will make the correction. Stan Farnham made a motion to accept the August 18, 2004, minutes with the correction as noted; Al Kozel seconded and the committee unanimously approved. C. Approval of Employee Benefits Subcommittee Report - Al Kozel stated since these are minutes of the Subcommittee meetings, they should be approved by the Subcommittee then presented to the entire Committee. Helen will submit them to the Subcommittee for approval at their next meeting. II. Old Business: A. Impact Fee Updates - Amy Patterson, Impact Fee Manager, and Denny Baker, Financial Administration & Housing Director, presented updates on the ongoing impact fee studies. A copy of their presentation is made a part of these minutes. (Complete discussion can be found on Side A of Tape 1.) Steve Harrison asked how much has been budgeted in the present budget for impact fee consultants. Amy advised there is no one line item specifically for impact fee consultants in the budget, but it comes under other contractual services. There is over $100,000 budgeted, but some of that is carry forward from this year's budget. Each one of the contracts costs from $40,000 to $60,000. Steve stated that if all together the cost is $1M because of the volume and standardization of the methodology, we could do in -house less expensively than a consultant can. Amy advised that's the way it is heading with the indexing. Unfortunately, what the committee is looking at is baggage from previous years. Denny advised that normally there wouldn't be more than one or two impact fee studies in any given year. Stan advised in his experience, one of the good things in having a consultant is if any of the impact fees were challenged, the consultant would handle that in such a way that it would be thrown out. Page 1 of 6 !6z icy Steve advised audit firms have helped their clients contain fees for the past 20 years by transferring to them all preparatory work, all fact data, and all the organizational data so they have less and less hours in the job and therefore, less of a fee. You still get the Good Housekeeping Seal, but the routine work is done by the customer. Denny advised the county is presently doing that. Steve stated he was glad to hear that. Commissioner Coyle advised there has been substantial improvement in this process over the past couple of years. Previously, the County would have a full study every time they wanted to increase the impact fees. That essentially meant impact fees would not be adjusted for several years because of the expense. A couple of years ago, Commissioners began insisting on the indexing process so that now they conduct a full study, and part of that study will include indexing, which they will then use to update automatically. Then after a couple of years, the county will go back and validate the concept and begin the process all over. In this way the county has been able to reduce the cost without exposing the county to a substantial change. Celia questioned the educational facility impact fee study. She asked if there was any way the Interlocal Agreement with the School Board could be canceled, and if the county could pull away from the school district and tell them they are on their own? Amy advised it could be done, but it would require a lot of research to see how it would affect the County. Then the Board would have to take action. Syd and Al commented they would not like to see the School Board cut loose. They would like to see them reined in and made accountable. B. Employee Benefits Subcommittee Report — Helen advised there was no quorum at the last meeting. Information is still being gathered. Jeff Walker came to the meeting with new information on consumer driven plans. Information distributed by Jeff is attached to the agenda for this meeting. Celia also asked that the county look at HSA's and medical savings accounts. Len Price, Administrative Services Administrator, said it would not be ready for this year's health plan period, but may be by 2006. Celia stated the consumer driven plans are fairly new and she got the impression that the county feels that it is just the shifting of the burden from the employer to the employee. She stated that may be true, but there are also ways for the county to put money in for their employees, which would be a tax savings to the employer as well as the employee. Celia feels it just needs a lot of commitment by the county to actively look into this. Helen advised there is an analysis prepared for Collier County by Douglas Lay of Willis also attached to today's agenda. C. Discussion of Budget Subcommittee proposal to review areas of FY 06 budget — Steve drafted a letter to Jim Mudd re: budgeting policies, procedures and practices (a copy is attached). Helen raised the question if the Sunshine Law permits a committee member to forward comments to another member? Comments may be forwarded to Debbie; she could then consolidate them and forward on after the committee meets. Dex asked if Steve would like to review the comments and incorporate them into his letter. Steve advised a subcommittee had been formed at the last meeting and he feels the subcommittee should review the comments and see if the memo is on track and if it should be forwarded to Mr. Mudd. Pat asked Steve to let her or Debbie know at least a week in advance of the meeting, so that the necessary public notice is posted. Dex asked that this be tabled for now, as the item under new business may be related to this. Page 2 of 6 /6-77 /C6 D. Update on Senior Management & Operations Consultant Position — Pat advised the committee Budget Director Mike Smykowski was unable to attend today's meeting due to a prior budget meeting commitment at Pelican Bay. She advised an update from Mike was made a part of today's agenda (copy attached). Stan Farnham is part of the review committee. Stan advised he went through the 41 applications, which was very time consuming. The HR Department has developed a method of scoring on a scale of 1 to 5, involving nine different criteria, one of which is leadership and another is motivating people. Reviewing resumes while also applying the criteria is difficult. For example, because for some reason the word "Consultant" was added to the title, one -third of the resumes were consultants, some with their own private businesses. Stan advised there were a lot of good applicants. Some of the applicants were presently making a very good salary, and Stan doesn't understand how they would really want to accept a position at this salary, which is considerably less. Stan provided today his rankings of 1 through 25 to HR. Once everyone else on the review committee reviews and submits their choices, there will be a further cut, and then Stan assumes the committee will meet. Stan advised, for the purpose of the Productivity Committee he did add a paragraph to his letter to HR and feels obligated to share it. The paragraph reads as follows: "I had not seen the `final' position description and am disappointed in the version. I think the word `Consultant' in the title weakens the position. It probably also accounts for the large number of `consultants' who applied. If you were to do a pilot program and add a consultant for a specific period (as contract employee), then this works. I was also bothered that `saving money' does not appear, nor some specific goal statements. The general concern is adding another person to the payroll (cost) without demonstrating a significant return on that investment. As Mike knows, the reviews by the Productivity Committee stress this point. We do want someone with some clout and who will achieve results; but not someone writing a report and recommendations that may gather dust on a shelf. Perhaps all this gets worked out in the `execution' of the plain talk of cutting costs, reducing waste and involving everyone (teaching, motivating) in continuous improvement and lean operations." Stan advised he is happy with the applicants. There was one Collier County employee who applied, and Stan feels if he has the strength and is a known quantity, has high energy and the assertiveness needed, together with the methodology skills and respect of fellow employees, then this would be a positive move to consider. He was midway on Stan's list. Stan said he feels anyone already in the system deserves an opportunity. One applicant has a doctorate, one is a lawyer, one has a strong auditor background and Stan's conclusion was they scored pretty high, but would be more suitable in positions in their respective fields. Dex agreed that the person in this position needs to be someone who's not going to be intimidated by any of the directors or administrators, and someone who has a quick feel for productivity on a macro economic level. Dex asked if Stan felt the criteria used by HR might have eliminated some good applicants. Stan didn't think so. His concern went the opposite way. He's sure the HR person is very professional, but being professional in HR as opposed to looking at a results oriented individual, which is a different mindset, you end up with a three -page single- spaced position description, which was changed after the version the committee reviewed which we liked, which was shorter, so HR tends to put boiler plate in and they tend to put things in that in a sense are protective. If you read the present position description, and Stan read it three times, he asked himself what they mean in plain English. "They don't speak in plain English." Page 3 of 6 16 1- Ic 6 Dex asked what Stan recommends; should the committee look at the final five applicants? Stan felt that would be a good idea. Syd asked if Stan would be meeting with the other reviewers. Pat stated it is her understanding they will get together after everyone completes their review. However, she did forward Stan's letter today to Diane Janson in HR. Rob asked if there were many out -of -town applicants. Stan advised there were a few from Naples, one from Cape Coral, one from Fort Myers, a couple from the East Coast. There was also one from Canada, one from Utah, and one from Nashville. Three - fourths of the applicants were not just from out of town, but from out of state. Al asked if there were any from other county governments. Stan advised there was a city manager from a small Florida city and he rated high on Stan's list. Dex asked if once the final five are selected, would the Productivity Committee have a chance to look at them? Pat advised she didn't know if that was the plan. Stan said he didn't see why he couldn't bring in the final five applications. Syd said he would like to meet the applicants. Stan's recommendation was that when the selection committee decides on the five, he would share the information with the committee. Everyone agreed that would be fine. E. Review of letter to BCC re: School Impact Fees — Everyone received a copy of the letter Janet drafted and everyone has submitted their comments. Dex asked if there were any further comments. Winona advised the comments must be reviewed in a meeting by the entire committee. After that time, the committee can instruct Debbie to forward their recommendations to Janet. A motion was made by Stan that the comments be forwarded to Janet and that she incorporate them into her letter and get it to the Chairman for his signature, and then mailed. It does not need to come back to this committee. Motion was seconded by Celia. F. Impact Fee Subcommittee Chairs — The following will serve as chairpersons for the Impact Fee Subcommittees: Educational Facilities — Dex Groose Correctional Facilities & Law Enforcement — Syd Blum Fire Protection — Al Kozel Emergency Medical Services — Janet Vasey Parks & Recreation/Beach Access — Celia Fellows Note: Celia Fellows, Rob Dowling, and Helen Philbin agreed to serve as subcommittee members for the Parks & Recreation/Beach Access impact fee reviews. III. New Business: A. Board of County Commissioners (BCC) request to review Fiscal Stability Analysis — Dex advised the Commissioners had a workshop September 9 with the Economic Development Council (EDC) regarding review of a Fiscal Stability Analysis prepared by Anderson Economic Group. The Productivity Committee has been asked by Donna Fiala, BCC Chairman, to appoint a representative to participate on an ad -hoc committee called the Fiscal Committee. Dex and Al had both attended this workshop and gave their overview. Commissioner Coyle advised several years ago the BCC got concerned about sources of revenue and tried the two -cent sales tax that failed miserably. They then appointed a Revenue Page 4 of 6 /6.z IC6 Commission to study sources of revenue for the County. There is a general feeling among the Commissioners that the Revenue Commission really hadn't suggested some good alternatives. The EDC was clearly concerned about our increasing reliance on impact fees to fund infrastructure, and its impact upon future growth, discouraging new businesses, etc. The Commissioners have a particular interest in diversifying the economy in Collier County. It now, said Commissioner Coyle, is primarily tourism, agriculture and construction. All of them pay fairly low wages. Workers cannot afford to live here because of the cost of living, which creates a commuting problem, which causes a traffic problem, which creates infrastructure demands, etc. The Commissioners are trying to diversify the economy in order to attract higher paying jobs. This particular study was designed and recommended by the EDC to help the Commissioners understand sustainable revenue sources. Their conclusions were that impact fees are not sustainable at the level necessary to support the infrastructure of Collier County and that we must look at other alternatives. They tend to lean toward an increase in ad valorem property taxes rather than just having impact fees. Commissioner Coyle disagrees with some of the conclusions. Commissioner Coyle stated it was during the 94s that a lot of the growth took place. Impact fees were very low at that time and diversification was not encouraged in the county. He is not completely convinced that the current impact fees will discourage future growth either. Commissioner Coyle advised it did disturb many in the county when they said Collier County is headed for a major shortfall of revenues within the next five years. They believe that the rate of inflation for property values will drop from 18 -20% to 9 -10 %, and that will result in a very dramatic reduction in ad valorem taxes. With the obligations the County has for recovering from huge infrastructure deficit now, our debt load as well as other costs of government will far outstrip our revenue sources. We must start to think about alternative revenue sources now. During that discussion, some things were brought up like indexing or local option gasoline taxes. There is indexing for all of the other options for gasoline taxes, but not for local option. There is an oversight in the law, so Commissioner Coyle suggested a committee be appointed that could develop specific recommendations for sources of revenue; and particularly, identify assistance that we might need at the state level from the Legislative Delegation to get some state laws changed to permit us to do things like indexing for inflation. Our expectations are to gather as many qualified people as possible to generate some ideas that we can go to the Florida Association of Counties for support, and go to our Legislative Delegation in advance of the legislative session because last year our requests did not get in until after the session began. Commissioner Coyle stated the problem is that the Board does not control more than about 47% of the entire ad valorem property tax budget. We are obligated by statute to give it to someone else, i.e. the court system, Sheriff, etc. The Board's options are really limited. Commissioner Coyle's preference is to look at the expenditure side of the budget and find better ways to do what we are doing rather than increasing taxes. Dex stated he did not see what the problem is if the rate of inflation in property values drops to 9 -10% unless we have been living at the 18 -20 %. Commissioner Coyle advised that's what the problem is. Ad valorem taxes have remained the same for three years and he is a proponent of that, but that's exactly what is going to happen. If there is an increase of 18 %, guess what's in the budget? An 18% increase. The Sheriff's budget took up the entire 18% this year. Every additional dollar we got in increase went to the Sheriff. That means every other department, as well as the Constitutional Officers, cut back and held the line on the budget. The question is, how long can we continue to do this when agencies beyond our control don't do it? Stan made Page 5 of 6 the comment that perhaps the new person in the budget office should concentrate on looking at expenditures. Commissioner Coyle would like some fresh thinking applied to this problem. If we take a look at how Collier County government is structured, we don't have a single Human Resources Department. Why do we have more than one Finance Department, more than one Budget office, more than one IT Department, etc.? Why can't these be consolidated? What is the vehicle to do that? We might find if we get enough people involved in this effort, and put enough pressure on, and generate enough publicity about doing it, we may be able to change the way county government is operating. Dex asked if Commissioner Coyle was going to try and pull the other entities together by November. Commissioner Coyle said there is a meeting next week and that is why a member of the Productivity Committee has been asked as a designee. It may expand from there. Dex nominated Steve Harrison to review the Fiscal Stability Analysis and to be the representative from the Productivity Committee to serve on this Fiscal Committee. Everyone unanimously agreed. Dex would like Steve to study this and take a position on it and then come back to the Committee so we will know how to respond to Commissioner Fiala. Steve would like to have a Budget Subcommittee meeting prior to the next PC meeting. It was agreed the meeting would be held Wednesday, October 13, at 9:30 a.m. Debbie will advise Joe Swaja of this meeting. Denny Baker advised there is a video of the EDC workshop Steve could review if he'd like. Steve asked Debbie to get him a copy of the video. IV. Comments /Suggestions Celia advised she is also on the Smart Growth Committee, and one of the things they are trying to work with is mix use for some parcels in the county. In talking with some architects the impact fees are a little hard to get over. She just wanted to mention that because this committee talks about impact fees a lot. She feels mix use is a very good idea for certain areas. She just wanted to mention it to see if anything was being done to bring the two ideas together. Commissioner Coyle stated the City has had mixed use zoning for quite some time, but the County has not. It has considered those as separate zoned categories for quite some time. Recently, the zoning was changed to create a mixed -use category, and hopefully, it will be taken advantage of. Next Meeting: The next meeting of the Productivity Committee is scheduled for Wednesday, October 20, 2004, 2:00 p.m. in the County Manager's office front conference room, 2nd floor of the W. Harmon Turner Building (Administration Building F). Meeting adjourned at 4:57 p.m. Page 6 of 6 Fiala COLLIER COUNTY Halas — TIZENS CORPS ADVISORY COMMMEF, Henning Coyle Coletta July 21, 2004 Voting Members Present: Carol Pahl, Chair Nelda Miller, CERV Tom Kuznar, Civil Air Patrol James Elson, Collier County Veterans Council Gerry Sugarman, RSVP Reg Buxton, Greater Naples Chamber of Commerce Walter Jaskiewicz, Coast Guard Auxiliary Voting Members Absent: Deborah Horvath, American Red Cross Robert Rohland, Salvation Army Chief Don Peterson, Collier County Fire Chiefs Assoc. Capt. Scott Salley, Collier County Sheriffs Office Nancy Reed, CC Sheriff's Office representing Capt. Salley. Meeting was called to order and the minutes of May 19, 2004 and June 16, 2004 were approved. Threat Up Date was given by Jim von Rinteln, Emergency Management. Threat Level is elevated and could be raised at any time due to the upcoming elections. We are now entering the most active time of hurricane season. New Business: Hurricane Shelter Help: Jim von Rinteln to approach the Fire Districts for CERT teams to help the Red Cross staff the General Shelters. Other interested organizations are welcome to put together a shelter team. USCGA Award to Citizens Corps: US Coast Guard Auxiliary to present two awards, to the Collier County Citizens Corps and to Emergency Management for their support and assistance. The awards are to be presented at the July 27th BCC meeting. Citizens Corps Status Report to BCC: The Board of County Commissioners is scheduled at the September 26th meeting to ask for a status report from Citizens Corps. Each organization is to turn in an update on their activities. Hurricane Seminars: Last seminar is July 21" at the Collier County Public Schools Administration Center. Fox TV will be there. Viewed a short tape on the Water Watch Program. l �, /Cl Old Business: Meeting Attendance: If unable to attend a meeting, please send a representative. All Hazards Guides are still available. Local Mitigation Update: was given by Rick Zyvoloski, Emergency Management. Meetings are held the 3rd Friday of each month. Attendance has been a problem. The end product will be presented to the Citizens Corps for review and approval. CERT Disaster Drill scheduled for July 31" at 9:00 am. 4 -5 Fire Districts will participate. Neighborhood Watch will be at the Coastland Mall. Sheriff Office departments will be there to answer questions. Coast Guard Auxiliary offered a 6 hr Search & Rescue course on July 16. 35 people attended. The Naples Airport has scheduled a table top exercise for October. Next meeting is August 18, 2004, 3:00 pm in the Commission Board Room Meeting Adjourned. Citizen Corps Advisory Committee Agenda July 21, 2004 3:00 Pledge of Allegiance - Opening Remarks -Roll Call 3:05 Approval of Minutes 3:10 Threat Update 3:15 New Business Chairman Chairman Emergency Management Chairman )b J_ Ic7 - Hurricane Shelter help - USCGA Award to Citizen Corps - Citizen Corps Status Report to BCC - Hurricane Seminars: • July 21 — School Admin Center (w /Fox TV) 3:30 Old Business Chairman • Meeting attendance /date -time • All Hazards Guides 3:50 Other Issues • Local Mitigation Update Rick Zyvoloski 3:55 Next Meeting/Adjourn Chairman (Aug 18th @ 3:00pm ?) 16 !C7 BCC Update Report • November 2002 through July 2004 (see attached mission statement) • Grants received in which CC affiliation was used - amount of grant - enhancement to CC (if any) • CC activates participated in during this period - Seminars - Training (EM, ARC, FEMA) • Program enhancements during this time - Public Information/education - Addition of volunteers due to CC • Synergies gained through CC program (working with other CC groups) • Any programs /activities done in the Immokalee community • Any activities or coordination with Ave Maria University Citizen Corps: Councils !Z- /C 7 age 1 of 2 "Lay """""eC1 Council Profiles and Resources Are You Ready? Programs & Partners Citizen Corps Councils Narional Citizen Corps Council Citizen Corps Councils Around the Country Find Nearby Councils Citizen Corps State Poc List Register Your Council '-ouncii Profiles and Resources State Liability Laws Citizen Corps Web Banners Use of Gtizen Carps Logo Council Login Mews & Events The mission of Citizen Corps is to harness the power of every individual throe education, training, and volunteer service to make communities safer, stronger, and better prepared to respond to the thre terrorism, crime, public health issues, and disasters of afl kinds. The Citizen Corps mission is accomplished through a national network of state, local, tribal Citizen Corps Councils. These Councils build on community strengths to implen Citizen Corps programs and will carry out a local strategy to have every American participate. Currently there are: 53 State /Territory Citizen Corps Councils and 1,195 County /Local /Tribal Citizen Corps Councils Which serve 139,615,698 people or 48 % of the total US population Click here to view a map of where these Councils are located or click here to view a the Councils. �T The Citizen Corps Guide for Local Officials provides suggestions for how to form a Citizen Corps Council and how to get the programs and other activities started in your community. [Download Acrobat Reader .,-''A Guide for Local Officials (PDF, 572 KB) Accessible file (Text, 73 K13) UP Citizen Corps Overview: Power Poir Presentation (PPT, 1.0 MB) The Citizen Corps 2002 Annual Report provides information about Citizen Corps in every state based on data compiled by January 29, 2003. Everyone can do something to help make our families and our communities safer thr Personal responsibility: Developing a household preparedness plan and disasters kits, observing home health and safety practices, implementing disaster mitigation measures, and participating in crime prevention and reporting. Training: Taking classes in emergency preparedness, response capabilities, first aid fire suppression, and search and rescue procedures. Volunteer service: Engaging individuals in volunteer activities that support first re! disaster relief groups, and community safety organizations. Everyone can do someth support local law enforcement, fire, emergency medical services, community public I efforts, and the four stages of emergency management: prevention, mitigation, resp and recovery efforts. http://www.citizencorps.gov/councils/ 6/11/2004 Citizen Corps: Councils 16-z- /C7 Page 2 of) Local Citizen Corps Councils will: • promote and strengthen the Citizen Corps programs at the community level, Volunteers in Police Service programs, CERT teams, Medical Reserve Cams ur Neighborhood Watch groups; • provide opportunities for special skills and interests; • develop targeted outreach for the community, including special needs groups; • provide opportunities of training in first aid and emergency preparedness; • organize special projects and community events; • encourage cooperation and collaboration among community leaders; and • capture smart practices and report accomplishments; and • create opportunities for all residents to participate. Starting a Citizen Corps Council in your area will help create the groundwork for the term security of our neighborhoods, our communities, and our nation. DEPARTMENT OF HOMED( About Citizen Corps I Privacy Policy I Accessibility i USA Freedom Corps I DHS I ODP I FEMA I Other Resettrces http://www.citizencorps.gov/councils/ 6/11/2004 Summary Minutes Collier County Local Mitigation Strategy Working Group Collier County Human Resources Training Room Naples, Florida July 16, 2004, 9:00 AM Voting Member Status: 16 -7- /C7 Name Affiliation Present Rick Zyvoloski, Chair Collier C. Emerg. Mgt. X Reg Buxton, Vice Chair N. Naples Journal E Bob Devlin City of Naples (Flood Plain Coord) E Greg Niles City of Marco Island Chuck Mohlke Everglades City X Don Peterson Golden Gate Ind. Fire Dist. E Frank Balough Florida Power & Light E Nancy Reed Collier C. Office of the Sheriff X Judy Nuland Dept of Health X Ken Miller Naples Community Hospital X Tim Howard /C. Tears S. Florida Water Mgt Dist Len Price /Marlene Foord Collier C.'Admin. Svs. Div. X/ X Doug Essman Collier C. Cmty Dev. & Env Svs X Ray Smith Collier C. Public Util. Div. E Greg Thacker Collier C. Pub. Util. Div. Skip Camp Collier C. Facilities Dept. X Bob Tipton Collier C. Transportation Div. X Travis Gossard Collier C. Transportation Div. Gretchen Baldus Collier C. G.I.S. X Lavah Hetzel Collier C. Communication & Customer Relations X Others Present: None Agenda and Discussion: 1. Of the 20 voting members, eleven showed for the meeting. May and June meeting minutes were reviewed and unanimously accepted without change. 1 /( z IC 2. Membership discussion: Members were concerned about having sufficient voting members present to conduct business. So, the following was moved and accepted and the change will be incorporated into the Hazard Mitigation Plan: Quorum for LMS business: A minimum of five voting members must be present at the meeting. Upon meeting that requirement, a simple majority vote is all that is necessary to consummate business. Additionally, members requested the Chair ascertain from those "voting members" who have missed three consecutive meetings without sending a "designated representative ", to declare their intentions to remain voting members. (CHAIR) Mr. Bert Miller, CC GIS Manager, agreed to assign Gretchen Baldus, GIS Analyst, to the LMS. Marlene Foord said Alex Sulecki, Conservation Collier, would be interested in attending future meetings. Awaiting response to request to participate from Murdo Smith, CC Parks & Recreation. Mr. Ken Miller, Naples Community Hospital said he would try to get a representative /contact from the Cleveland Clinic. (Rick Z/Ken Miller) 5. Committee Reports: • Community Rating System., Although Bob Devlin was unable to attend the meeting, he deposited a folder at the Chair's office containing City of Naples Flood Mitigation initiatives as well a review of Naples policies /ordinances containing mitigation initiatives. Mr. C. Mohlke, EGC, said FEMA (Mrs. Wilson) should be paying a visit to Everglades City next Wednesday in order to determine is Community Rating System points can be achieved to ease the Flood Insurance costs to the residents. He also discussed an upcoming joint meeting between representatives of each of the municipalities, Board of County Commissioners and schools whereby a memorandum of agreement would be developed in order to automatically adjust school infrastructure /capacity with the population growth. The Working Group thought this type coordinating mechanism may serve the Hazard Mitigation Plan and followon cooperative /coordinating meetings of the LMS. • Finance & Outreach: Marlene Foord reviewed sample documents and said she'd send a draft to the Chair by August 1501. (Marlene F.) • Hazard Vulnerability Analysis: On going .... (Rick Z) 3. Next Deliverable to the State: Chair provided a copy of the work items for the HMP that need to be completed and sent to the State no later than 31 Aug. 2004. Pq /L.7- 16 7 • Identify /validate existing authorities, policies, programs and resources, and its ability to expand on and improve these existing tools. (Chair will contact each City and CDES) • The Mitigation Strategy shall address FEMA's Floodplain Map Modernization Program and Repetitive Loss Initiative including: prioritization of mitigation measures towards repetitive loss properties; fulfillment of CRS planning requirements, and FEMA's on -going field and database verification projects for repetitive loss properties. (Chair will contact Flood Plain Mgrs) • A description of mitigation goals to reduce or avoid long -term vulnerabilities to the identified hazards. (Chair) • A plan section that identifies, evaluates, and analyzes a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of each hazard identified, with particular emphasis on new and existing buildings and infrastructure. (Once we have the scoring tools developed, we'll apply them to the existing projects.) • An action plan describing how the actions identified will be prioritized, implemented, and administered by the local jurisdiction. (Scoring System — Chuck Mohlke group) • This Section shall include the implementation timeline; the funding sources or other resources that will be used to implement the strategy, when possible; and the agency or personnel responsible for carrying out these actions. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. (Marlene Foord & Chair) • Individual action items for each jurisdiction requesting FEMA approval of or credit for the plan. For FEMA program funding these mitigation measures must be cost effective, environmentally sound and technically feasible. The local jurisdiction and the State must prioritize the measures based on these criteria. (All discuss) • A plan section describing the method and schedule of monitoring, evaluating and updating the mitigation plan within a five -year cycle. (Chair) • A description of the process by which local jurisdictions incorporate the requirements of the mitigation plan into other planning mechanisms such as comprehensive or capital improvement plans, when appropriate. (Mohlke & Chair) • A discussion on how the community will continue public participation in the ongoing mitigation planning process. (Len Price) 4. Adjournment: The meeting closed at 10:00 AM. Next meeting is set for 9:OOAM, 20 August, at the same location. Recap and Action Summary: 1. E 3. Rick Z will send E -mail to non - attending membership & invite CC Parks Department to the meeting. Additionally, he will contact the Cities & CDES regarding the Scope of Work items in paragraph 3, above. Chuck Mohlke & Rick Z will look into the School's Interlocal agreement further and bring it back to the LMS WG for discussion. Additionally, he will develop a scoring system for ranking projects. Marlene Foord will develop the grants process. 3 //-7- 1C7 4. Rick Z will continue the work on the HVA; posting updates on the web for comment as made. Resources: Emergency Management and others are asked to contribute toward making a list of resources that the group may draw information from. This list will build throughout the committee's tenure. http: / /www.collierem.org /LMS /LMS.htm hftp://www.dca.state.fl.us/brm/Ims.htm http: / /www.fema.gov /fima /planhowto /shhtm http:// www. miamidade. gov /oem /mitigation_strategy.asp http: / /www.ncem.org /Mitigation /document_index.htm http: / /www.dca.state.fl.us /brm /PDM /PDM_main. htm FOR PLANNING PURPOSES and NOT OFFICIAL DETERMINATIONS: TAOS Modeling: http: / /www.methaz.org /iTsmaps/ Local Hazard Analysis Working Document: hftp://www.coilierem.org/Ims/working/basic.htm 4 Florida Division of Emergency Management Daily Status Briefing For the Day of: July 21, 2004 Reporting period: 1000 hrs 07/20/04 through 1000 hrs 07/21/( I. Weather A. State Forecast for Florida Watches and Warnings: !/, I I C7 The National Weather Service has issued a River Flood Warning for the Little Manatee River at Wimauma and the Manatee River near Myakka Head. Weather Forecast for Florida — National Weather Service Office Miami Today - Clear to partly cloudy in the north while mostly sunny in the north central, partly cloudy to mostly cloudy in the south central and south with scattered showers and thunderstorms. Highs in the upper 80s to lower 90s. Tonight through Thursday Night - Clear to partly cloudy in the north and central portions of the State with isolated afternoon and evening showers and thunderstorms in the south. Highs in the lower to mid 90s, lows in the 70s except around 80 along the southeast -coast and keys. B. Hazardous Weather Outlook Florida — Nothing to report. Tropical Outlook — National Hurricane Center At 530 a.m. EDT Wednesday, July 21, 2004, for the North Atlantic, Caribbean Sea and the Gulf of Mexico. A tropical wave over the east- central Caribbean Sea is moving west northwestward at 20 to 25 mph. Over the past few hours, thunderstorms associated with the wave have increased just to the south of the Dominican Republic. Although there is no evidence of a surface circulation at this time and upper -level winds are only marginally favorable, this system has some potential for tropical cyclone development. Even if development does not occur, locally heavy rains associated with the wave are expected to affect portions of Hispaniola over the next day or so. These rains could produce flash floods and mud slides. No tropical storm formation is expected through Thursday. Page 1 IL -7 /C7 II. Infectious Diseases A. DOH Health Alerts STATUS — Nothing to report. B. Arbovirus Diseases - Human Cases STATUS: Mosquito -Borne Disease Update for the Week of July 11, 2004 through July 17, 2004 - Four residents of Miami -Dade County were confirmed with West Nile illness this week. The human cases were preceded by increased dead corvid (primarily blue jays) bird reporting in the county, which was placed under medical alert for mosquito -borne disease. Mosquito populations are present in many areas of the state. All are urged to take precautions against mosquito bites. Dead birds should be reported to www.wildflorida.org /bird /.. ,.. f 14..E w NOW East. Equine Encephalitis 0 0 0 West Nile Virus 4 6 0 St. Louis Encephalitis Virus 0 0 0 This chart is representative of data collected for the 2004 calendar year. III. Terrorism A. Homeland Security Threat Level The Department of Homeland Security in consultation with the Homeland Security Council has made the decision to move the national threat level to an Elevated risk or level Yellow�ftra#+ An Elevated Condition is declared when there is a significant risk of terrorist attacks. In addition to the Protective Measures taken in the previous Threat Conditions, Federal departments and agencies should consider the following general measures in addition to the Protective Measures that they will develop and implement: 1. Increasing surveillance of critical locations; 2. Coordinating emergency plans as appropriate with nearby jurisdictions; 3. Assessing whether the precise characteristics of the threat require the further refinement of preplanned Protective Measures; 4. Implementing, as appropriate, contingency and emergency response plans. Page 2 16 z IC-7 B. Reported Events C. Special Events D. Terrorism News State and Regional Nothing reported. National Nothing reported. International Saudi Police Kill Two Militants Voice of America Saudi police say they killed two militants during an exchange of gunfire in Riyadh and have detained the family of the suspected leader of al- Qaida in the country. The Saudi Defense minister is calling for all suspected militants to give themselves up in ... Saudis Say They Found American's Head ABC News Saudi Arabia Finds .Head of Slain US Hostage, AP Reports Bloomberg E. Cyber Terrorism /information and Technologies Chem — Bio Nothing reported. Cyber- security DAUNTING TASK FOR NEW DISASTER CZAR San Francisco Chronicle; CA - ... 1996, had not trained the Board of Supervisors in what to do in the event of a disaster, had not conducted exercises to counteract cyber- terrorism and had not ... Thousands of Security, Law Enforcement, and Emergency Management ... Yahoo News (press release) - ... Thursday July 29, 2004 8:00 am - 10:00 am The President's Information Technology Advisory Committee (PITAC) Subcommittee on Cyber Security will hold a Town ... Page 3 IV. /6 � /C7 F. Homeland Security News (Department of Homeland Security) Check here for latest information. Remarks by Secretary of Homeland Security Tom Ridge at the Public ... Department of Homeland Security (press release) - 20 hours ago I'd like to thank our co- sponsors: the American Red Cross, the Council for Excellence in Government and the Homeland Security Policy Institute at George ... Fact Sheet: A Better Prepared America: A Year in Review - Department of Homeland Sec urity (press release) G. War With Iraq Department of Defense Check here for latest information. Security Forces Find Head Of American In Saudi Raid USA TODAY -- Posted 7/21/2004 7:31 AM /Updated 7/21/2004 8:58 AM RIYADH, Saudi Arabia (AP) — The head of slain American hostage Paul Johnson Jr., who was kidnapped and decapitated by militants in Saudi Arabia last month, was found by security forces during a raid that targeted the Saudi al -Qaeda chief. Two militants were killed, the Interior Ministry said Wednesday. Wildland Fire A. Fire Weather Warnings Nothing reported. B. Fire Weather /Drought Indicators Keetch - Byram Drought Index - Link to STATUS-. Statewide Average: 218 KBDI Between 400 & 499 - 1 KBDI Between 500 & 599 - 0 KBDI Between 600 & 699 - 0 KBDI Between 700 & 799 - 0 KBDI - Jul 20, 2004 US Drought Monitor The Southeast: In southern Florida, dryness continues as the abnormally dry (DO) area has pushed a bit north and west into the Everglades and points west of Lake Okeechobee. U.S. Drought Monitor JuVLe" IT i 7 fit 1 � 5 S � _ � -� � `� NO'oWft+ �cIW ^ .n f• 1�nzN�n m i boC 1 Rxaawq xbes,�-vfxaxiu t sr.,Npmlvu . „"I w �ru.tr«. v�nunnuno Rdr drh JWy 15, 2004 0 100 2200 300 4W 000 700 000 m�.>q�, � —day, Id(pl7droy0htYnlAdWtlMt 4unor:MWy sraeou�,uauc Page 4 161 /c7 C. Wildland Fires STATUS: Report below reflects activity from 1/1/04 to 7/18/04 V. Other A. American Red Cross Issues Nothing reported. C. County Reports To State Warning Point Nothing reported. Page 5 )6a IC 7 PRELUDE TO: NEIGHBORHOOD WATCH NIGHT OUT COASTLAND MALL (BETWEEN THE FOOD COURT AND BURDINES) SATURDAY, JULY 311 2004 COME FOR THE FUN AND SEE THE VARIOUS STATE, COLLIER COUNTY AND LOCAL LAW ENFORCEMENT AGENCIES. THE HELICOPTER AND THE MOTORCYCLE PATROLS WILL BE IN THE PARKING LOT. THE BLOOD MOBILE WILL BE HERE FOR BLOOD DONATIONS. SEE THE K -9 UNIT; SWAT TEAM; CSI VEHICLE AND MEET WITH THE NAPLES POLICE DEPARTMENT AND THE MARCO ISLAND POLICE DEPARTMENT, THERE WILL BE MUCH MORE ACTIVITIES AND INTERESTING EVENTS PLANNED THAN ARE LISTED HERE. TIME IS 10 AM TO 3 PM )bl IC7 TRAINING ANNOUNCEMENT Basic Public Information Officer (PI Course (G290) Who: Target Audience - Paid and volunteer staff of emergency management agencies, government, non - profit organizations and others that may have a role in providing disaster - related information to the public. What: This highly interactive course includes workshops on writing, public speaking, media interviews and awareness campaign development. Focus is on media relations and public information planning. When: September 27 to 29, 2004 - 8:30 to 4:30 daily Where: Miami -Dade Emergency Operations Center 9300 NW 41st Street Miami, FL 33178 Cost: There is no cost to attend this training. How to Register: Enroll on -line for this and other courses at: http:// www. floridadisaster .org /trainingcalendar /index.asp Questions: Contact the course manager - Bill Firestone Florida Division of Emergency Management william firestone dca.state.fl.us JUL -02 -2004 07:21 AM SWANSON 239 774 5696 7 P.01 / � T Af AnIgnment Doak M DIA ADVISOR FOR IMMEDIATE RELEASE 29 June 2004 States Air Force Auxiliary Naples, FL- -Major Fran Gleockler, Commander Group 5 Civil Air Patrol of the Florida Wing, announced the appointment of a new Squadron Commander for the Naples Senior Squadron of the Civil Air Patrol effective June 14 2004. The new commander is John Varsames, a full time Naples resident and business owner and highly experienced air search and rescue Mission Pilot. Varsames started his CAP career as a youth in Westchester County New York and was honored with The Distinguished Service Award. He also served in the United States Air Force on active duty during Vietnam and the New York Air and Vermont Air National Guards for six years thereafter. Varsames flew over 14 missions for the Air Force last year and also served as Group 5 Operation Officer which consists of just less than 10,000 square miles of Florida extending from Bradenton south to Marco Island in 10 counties with six aircraft. The Naples Senior Squadron has almost 100 members, one new aircraft, and provides the Air Force, the State of Florida, and Collier County with some of the most highly trained and respected aircrews in all of Florida, Recently, the Naples Senior Squadron received The Merit Award for Squadron of the Year for 2003 out of 87 active squadrons in the State of FL. In 2002 the squadron received The Distinguished Award of the Year for the State of FL. Varsames replaces Major Thomas Kuznar who received the Commander of the Year 2003 Merit Award out of 87 squadrons in the State of FL. Capt Kuznar will remain with the squadron as the Logistics Officer. The Naples Aircraft flew in support of the Columbia Shuttle launch security mission, Homeland Security, and Search and Rescue Missions. Their aircraft flies the Coast almost every night in support of County boaters and the Coast Guard. The 96- member Naples senior squadron participates In emergency services, search and rescues, aerospace education, cadet programs, communications and air reconnaissance. The Civil Air Patrol is the official Air Force Auxiliary, is an all - volunteer nonprofit organization, and is part of Homeland Security. Nationally, the Civil Air Patrol performs more than 95 percent of inland search and rescue missions in the continental United States as tasked by the Air Force Rescue Coordination Center. Phone: (239) 774-7420, Fax: (239) 774 -5696, Email; 07/15/2004 16:00 7748301 Collier Coun COMMUNICATION Government PAGE 01/03 /6z IC 7 Communication & Contact: Sandra Arnold - Lawson Customer. Relations Department Public Information Coordinator. 3301 East Tamiami Trail (239) 774 -8308 Naples, FL 34112 July 15, 2004 FOR IMMEDIATE RELEASE The Collier County Citizen Corps Advisory Committee will meet on Wednesday, July 21 at 3 p.m. in the Board of County Commissioners chambers, located on. the third floor of the W. Hannon Turner Building, Collier County Government Center, 3301 E. Tamiami Trail, Naples. In regard to the public meeting: .,, All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board /committee prior to the meeting if applicable. All registered public speakers will. be limited to five (5) -minutes unless permission for additional time is granted by the chairman. Any person. who decides to appeal a decision of the Board of County Comm..issioners or qu.asi- judicial. board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon, which the appeal. is to be based. Collier County Ordinance No. 03 -53, as amended, .requires that all lobbyists shall, before engaging in any lobbying activities (.including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person. with. a disability who needs any accommodation in. order to participate in tlifs proceeding, you are entitled, at no cost to yon,, to the provision of certain. assistance. Please contact the Collier County Facilities Management Department, located at 3301 E. Tan i.ar'm Trail., Naples, FL 34112, (239) 774 -8380, at least two days prior to the meeting. Assisted, listening devices for the hearing impaired are available in the Board of County Commissioners' Office. For m.orc information., call Jim von. Rintel.n. at 774 -8444. -End- 07/20/2004 12:50 7748301 Collier Coun Communication & Customer Relations Department 3301, East Tamiami Trail Naples, FL 34112 July 20, 2004 COMMUNICATION Government PAGE 01/01 l6-Y- lC7 Z;_ Contact: Sandra Arnold - Lawson Public Information Coordinator (239) 774 -8308 FOR IMMEDIATE RELEASE 2004 HURRICANE SEMINAR WEDNESDAY, JULY 211, 2004 7 p.m. at the Dr. Martin Luther King School Administration Center The Collier County Emergency Management Department, American Red Cross, the Collier County Citizen Corps, and the Collier County Sheriff's Of rice will hold a hurricane seminar . to discuss hurricane preparedness in Collier County on Wednesday, July 21 at 7p.m. in. the School. Board Auditorium of the Administrative Center, 5775 Osceola Trail, Naples. The new 2004 "All Hazards Guide" as well as hurricane re -entry stickers and other important information will be available at this event. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 E. Tamia ni Trail, Naples, FL 34112, (239) 774 -8380; assisted listening devices for the hearing impaired are available in the Board. of County Commissioners' Office. For more information, call Jim von. Rinteln at 774 -8444. -End- 07/13/2004 09:11 7755008 Collier Coun Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 July 6, 2004 COLLIER CO EM Government PAGE 01/02 l6-7- «7 Contact: Sandra Arnold- Lawson Public Information Coordinator (239) 774 -8308 FOR IMMEDIATE RELEASE 2004 PREPAREDNESS SEMINAR on YOUR BOAT & HURRICANES Thursday, July 15, 2004 7 p.m. at Mackle Park on Marco Island The United States Coast Guard Auxiliary Flotilla 95 and the Collier County Emergency Management Department, will hold a seminar to discuss boat hurricane preparedness in Collier County on Thursday, July 15th at 7 p.m. in the main meeting room at Mackle Park, 1431 Andalusia Court, Marco Island, Florida. The new 2004 "All Hazards Guide" and "Your Boat and Hurricanes in Collier County" publications, as well as hurricane re -entry stickers and other important information will be available at this event. For more information, call Doug Johnson at 642 -8406, or Jim von Rinteln at 774 -8444. -End- COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD INUTES OF APRIL 22, 2004 MEETING HELD AT THE LLIER COUNTY GOVERNMENT CENTER AR'D CHAMBERS, Fiala �WAST LOOR, ADMINISTRATION BUILDING F, Halas _TA MIAMI TRAIL, NAPLES, FLORIDA Henning Present: Coyle Absent: Coletta Susan Calkins, HAAB Member Carlos Aviles (Excused - Military Service) Ernesto Labrador, HAAB Member David Correa, HAAB Member Sofia Pagan, HAAB Member Elsa Maria Hernandez, HAAB Member Teresa Nelson, HAAB Member Robert Pina, HAAB Member Lourdes Ramann, HAAB Member Also Present: Michael W. Pettit, Chief Assistant County Attorney, Staff Liaison to HAAB The meeting of the Collier County Hispanic Affairs Advisory Board (HAAB) commenced at 6:10 p.m. There was no quorum present. Accordingly, Michael Pettit, Chief Assistant County Attorney and Staff Liaison to HAAB, explained that no formal action could be taken by the HAAB during the meeting but that the members present were free to discuss matters of business. Mr. Pettit also stated that Mr. Pina and Mr. Correa had called to be excused for medical reasons. Ms. Calkins introduced a speaker, Mr. Jack Bovee, the Coordinator for Social Studies in the Collier County Public Schools. Mr. Bovee made a presentation concerning the impact of the FCAT on ESOL students. He distributed a letter he had written to Ms. Saavedra at the Florida Department of Education on this subject. Mr. Bovee had prepared this correspondence in his capacity as the legislative share for the Florida Association of Social Studies Supervisors. A copy of this letter and related email correspondence is attached to these minutes. Mr. Bovee's organization has not yet taken a final position on FCAT and its effects on ESOL students. He noted that in Collier County the schools in the Immokalee area and the southern part of the County have lower FCAT scores. Mr. Bovee also discussed how the law is changing with the federal "No Child Left Behind" program.-,-..-.- This testing at grades 3 and grades 10 is coming and he stated many Boards of Educations are concerned about it. He noted that in Florida that with the FCAT, the policy is that if you have been here for one year and one day your initial FCAT score does not count but if ypu`'pa! been here for two years and one day (that is, as a student in this country) your FCAT score does c unt. ovee stated that he still has not received a final response from the state to his M cl} e �; ,.1� Loa) C l�Z_ Ic 8 noted his concern that funds could be withdrawn for not meeting the standards under "No Child Left Behind ". Mr. Bovee expressed his desire for continued dialogue with HAAB on this issue. He wanted to work in conjunction with HAAB on the possible impacts of FCAT and "No Child Left Behind" on Spanish speaking students. He observed that one state has determined that it takes as much as six years for non - native English speakers to respond at grade level. He also noted that the League of Woman Voters is concerned about this issue and that there is a study plan need of the impact of the FCAT on ESOL students. Mr. Labrador, appreciated Mr. Bovee's coming to speak with HAAB and that he was saddened that 117 tutoring positions are going to be eliminated from the Collier County Public Schools. He noted that there would be 149% increase in the Hispanic population. Mr. Bovee agreed that these cuts would be tough on children. Mr. Bovee and Mr. Labrador discussed the effect of the state budget on programs to assist ESOL students. Mr. Bovee suggested that members of the County's legislative delegation be asked questions about state monies for education. He suggested that the FCAT situation be continued to be monitored closely. The meeting was adjourned at approximately 6:40 p.m. 2 Ms. Saavedra Florida Department of Education Phone: (850) 487 -3503 Email: !is a.saavedra @fldoe.or Dear Ms. Saavedra: %L-7 FASSS The Florida Association of Social Studies Supervisors March 23, 2004 As legislative chair for the Florida Association of Social Studies Supervisors, I've been given the responsibility to try to obtain answers to some information concerning the impact of FCAT on ESOL students. Kathy Mizereck, staff director for the House Subcommittee for Educational Appropriations, was kind enough to recommend you to me. Our organization supports school and teacher accountability as well as the FCAT assessment. We are, however, growing increasingly concerned with the impact of this statewide assessment upon ESOL students. As a result, we are hoping to receive clarification from you regarding the following questions. 1. Is it policy that Limited English proficient students enrolled in school for more than one year and one day "take" FCAT but that the results are not applied against them, their school or district? 2. Is it policy that ESOL students in schools for more than two years and one day DO have their scores applied against their academic record, their school and the school district? 3. It is our understanding that FS 1008.25 section 6.b.1 allows for an exemption from mandatory retention for those "limited English proficient students who have had less than 2 years of instruction in an English for Speakers of Other Languages program." Also, seniors in this category are still able to attend summer school after their completion of the 12th grade in the hope of gaining language proficiency and a passing rate on the test. Is this still policy? Jack Bovee, F.A.S.S.S. C/O Collier District Schools, 5775 Osceola Trail, Naples, FL 34109 Phone: 239.277.0097 Cell: 239.272.3508 email: boveeiacci col ierI i 2.11.us 16.Z /C8 4. It is our understanding that under NCLB ESOL students will have three years of instruction before such assessments are applied to their academic records. Moreover, it is our understanding that only after they have been enrolled for more than three years that their scores will be applied or averaged in with others from their school and school district. Is this interpretation of NCLB correct? 5. What percentage of students statewide who were recommended for third grade retention had or once had ESOL status? What percentage of ESOL students for this year's test takers at this grade did this comprise? What is the total percent of ESOL students for this grade in Florida? How do these statistics compare to those of native speakers? 6. What percentage of ESOL students statewide failed to be granted a diploma based upon non - passage of the 10th Grade FCAT? What percentage of ESOL students for this year's test takers did this comprise? What is the total percent of ESOL students for this grade in Florida? How does this figure compare with that of native students? 7. There is a great deal of research that now states it takes MORE than two years for a non - native speaker to be able to perform to the grade level expectation of his/her native speaking peer. Is there any discussion at the Department to delay the negative impact of the FCAT exam upon these language - impaired students? If so, please briefly describe the status of such discussions. We would appreciate your review of the data to the questions above and are looking forward to your response. If I can answer any questions or be of assistance, please do not hesitate to contact me. Sincerely, /44,0� lr�� Jack Bovee, Legislative Chair, Florida Association of Social Studies Supervisors cc: Jim Horne, Commissioner, DOE Jim Warford, K -12 Chancellor Dr. Cornelia Orr, Director, Assessment and School Performance Bev Kilmer, Chair, House Education Committee Lee Constantine, Chair, Senate Education Committee Caroline Emmons - Schramm, President, Florida League of Women Voters Jack Bovee, F.A.S.S.S. C/O Collier District Schools, 5775 Osceola Trail, Naples, FL 34109 Phone: 239.277.0097 Cell: 239.272.3508 email: Lovecia:dcollier.kl2.f us 162 I' C' 8 From: "Saavedra, Lisa" <Lisa.Saavedra @fldoe.org> To: 'Jack Bovee' <BoveeJa @collier.kl2.fl.us> Date: 3/24/2004 8:22:40 AM Subject: RE: ESOL Students and FCAT Dear Mr. Bovee: This is in response to your email in which you posed several questions regarding Florida's policies for testing LEP students, inclusion of achievement scores for LEP students in Florida's school grades, and data on the achievement level of LEP students in 3rd and 12th grades. Much of your interpretation of Florida's laws and policies are correct. I will be out of town tomorrow, March 24th; however, I will have staff begin compiling the data you requested and on Thursday I will work with the appropriate staff in multiple offices inorder to respond to all of your questions formally. We should have the data and responses to your questions ready to email and /or fax to you by late Thursday or early Friday of this week. In the meanwhile, please feel free to call me should you have additional questions. While in Miami tomorrow, you may reach me on my cell phone at 850 - 528 -5060. Sincerely, Lisa C. Saavedra - - - -- Original Message---- - From: Jack Bovee To: lisa.saavedra @fldoe.org Cc: carolinees @cfl.rr.com; constantine .lee.web@flsenate.gov, m izereck. kathy@las pbs. state. fl. us Sent: 3/23/04 9:10 PM Subject: ESOL Students and FCAT Ms. Saavedra Florida Department of Education Phone: (850) 487 -3503 Email: lisa.saavedra @fldoe.org Dear Ms. Saavedra: As legislative chair for the Florida Association of Social Studies Supervisors, I've been given the responsibility to try to obtain answers to some information concerning the impact of FCAT on ESOL students. Kathy Mizereck, staff director for the House Subcommittee for Educational Appropriations, was kind enough to recommend you to me. Our organization supports school and teacher accountability as well as the FCAT assessment. We are, however, growing increasingly concerned with the impact of this statewide assessment upon ESOL students. As a result, we are hoping to receive clarification from you regarding the FLORIDA DEPARTMENT OF EDUCATION Frank T. Brogan Commissioner of Education Dr. David Mosrie Director, Division of Public Schools DPS; 97 -054 December 4, 1996 MEMORANDUM TO: District School Superintendents FROM: David Mosrie SUBJECT: Accommodations for Limited English Proficient (LEP) Students in the Administration of Statewide Assessments Accommodations for LEP students were first allowed on the High School Competency Test (HSCT) and announced in DPS memorandums #95 -067 and #96 -036 (Replaced by Accommodations for Limited English Proficient (LEP) Students in the Administration of Statewide Assessments: 0 P 97 -054: December 4, 1996) Modifications similar to those established for the HSCT will be allowed for LEP students taking the Florida Writing Assessment and the Florida Comprehensive Assessment Test (FCAT) beginning January 1997. Districts are required to offer accommodations to LEP students who are currently receiving services in a program operated in accordance with an approved District LEP Plan, but the exact combination of accommodations to be offered to any particular student shall be individually determined, considering the needs of the student. ESOL or heritage language teachers who will be administering any statewide assessment test shall be given adequate training by the school district to enable them to administer the test under the procedures defined herein. The school district also will provide for any modified assessment administrations to be monitored by ESOL District Coordinators or other qualified personnel to verify that appropriate testing conditions are maintained. The following LEP modifications apply to both the High School Competency Test (HSCT) and the Florida Comprehensive Assessment Test (FCAT): 1. LEP students may be given additional time as necessary to complete the test. However, students must complete each section of the HSCT and session of the FCAT in one school day. Students must not be permitted to continue testing within a section or session from one day to another. 2. LEP students may be given access to an English -to- heritage language/heritage language -to- English dictionary. Such a dictionary would be familiar to LEP students because of its regular availability in instructional settings. A dictionary written exclusively in the heritage language or English shall not be provided. 3. LEP students may be offered the opportunity to be tested in a separate room with the English for Speakers of Other Languages (ESOL) or heritage language teacher acting as test administrator. When the student is not of legal age, the parents shall be informed of this option and shall be asked for their preferences in test administration setting. 4. The ESOL or heritage language teacher may answer student questions about the general test directions in their heritage language. For the mathematics sections, the ESOL or heritage language teacher may answer specific questions about a word or phrase that may be confusing to the student because of limited English proficiency but is prohibited from giving assistance that will help the student solve mathematics test questions. A students questions must not be answered in a way that would lead the student to unmistakably infer the correct answer to a question. When administering the test to a group of students, the teacher may answer questions about directions for the benefit of the group; questions of clarification from students must be answered on an individual basis without disturbing other students taking the test. /(0z !CS LN - an LEP student not receiving LEP services. LF - a former LEP student who has exited from an LEP program. The following suggestions are offered for testing students in the above classifications: 1. When students are tested in district norm - referenced testing programs, those who currently are classified as LY and have been in an approved LEP program for fewer than two years may be exempted from the test. Exempted students must be assessed through other means determined by district and school personnel. 2. Students who currently are classified as LN or LF may not be exempted from participating in the district norm - referenced testing programs by virtue of such classification alone. 3. Students currently classified as LY who have been in an approved LEP program for fewer than two years may be exempted from taking the Grade Ten Assessment Test and the Florida Writes performance writing assessment. Exempted students must be assessed through other means determined by the district and school personnel. Students currently classified as LN or LF may not be exempted from the Grade Ten Assessment Test and the Florida Writes performance writing assessment by virtue of such classification alone. 4. Students who have been classified as LY and who have been in an approved LEP program for fewer than two years may be temporarily exempted from taking the High School Competency Test at the discretion of local school personnel, but such students cannot be awarded a standard high school diploma until the test is passed. Students currently classified as LN or LF may not be temporarily exempted from taking the HSCT. Parents of students currently classified as LY should be informed of the districts decision to include or exclude a student from any specific testing program, particularly the HSCT. The Department of Education does not plan to provide translated versions of the HSCT, GTAT, or Florida Writes assessment tests. Districts are not required to provide translated versions of locally used norm - referenced tests but are required to provide alternative assessment of the academic achievement of LEP students who have been exempted from district and statewide testing programs. Testing policies and accommodations for external examinations such as the SAT and ACT will continue to be controlled by the agencies sponsoring these tests. If there are additional questions about these matters or a need for technical assistance, please call the persons whose names appear on the front of this memorandum as contact persons. Thomas Fisher will address technical issues related to testing students, and Bernardo A. Garcia will address programmatic issues related to LEP instructional assessment. NAME: Thomas Fisher PHONE: 9041488 -8198 SUNCOM: 277 -8198 CONTACT PERSONS OMSLE PUBLICATIONS NAME. Bernardo A. Garcia PHONE: 9041922 -7294 SUNCOM: 292 -7294 /61 /e 8 FLORIDA DEPARTMENT OF EDUCATION Betty Castor Commissioner of Education Larry D. Hutcheson, Chief Bureau of Education Information and Assessment Services Division of Public Schools DPS: 94 -060 November 1, 1993 MEMORANDUM TO: District School Superintendents FROM: Walter J . McCarroll, Deputy Commissioner SUBJECT: Testing Limited English Proficiency Students The purpose of this memorandum is to provide information concerning the achievement testing of Limited English Proficiency (LEP) students_ This memorandum was prompted by inquiries we have received asking for clarification of district and state testing policies and procedures for LEP students. In addressing this issue, it is important to differentiate between policies and procedures driven by statutes, rules of the State Board of Education, or terms of the META agreement. Solutions to individual questions also may depend upon whether an achievement test is "high stakes" in which a student may be denied promotion or graduation if the test is failed. Currently, the statewide assessment program collects the following achievement information: 1. District norm - referenced achievement data from grades 4 and 8; 2. Florida Writes, the student performance writing assessment administered at grades 4,8, and 10; 3. Grade Ten Assessment Test (GTAT), a nationally normed achievement test; and 4. High School Competency Test (HSCT), a "high stakes" minimum competency test required for high school graduation. In addition, districts and schools administer tests of their own selection as well as certain tests that are optional for students such as the Scholastic Achievement Test (SAT) or the American College Test (ACT). The META agreement was designed to provide the means whereby LEP students are provided access to a full range of educational programs. The spirit of the META agreement is that LEP students will be given adequate and appropriate instruction to enable them to pass the required graduation examination and meet other requirements for a diploma. Districts and schools are responsible for properly identifying LEP students and providing accurate academic assessment information. This may require adjustments in the manner in which tests are administered or may require the provision of appropriate alternatives. To facilitate discussion of the testing issues, the following abbreviations will be used: LEP program - a program required by Section 233.058(4)(a), F.S., conducted by the district in accordance with an LEP plan approved by the Florida Department of Education . LY - LEP students receiving services in a program operated in accordance with an approved LEP Plan. !6 :Tr /C & For the communications or reading sections, the ESOL or heritage language teacher may answer student questions about the general test directions in a way that the student would not be unmistakably led to infer the correct answer to any of the questions. The teacher is prohibited from answering student questions about reading passages, the question stems, or answer alternatives. Students may have access to the English- to-heritage language/ heritage -to- English Language dictionary, but the student is expected to read the reading passage, the question stems, and the answer alternatives in English. The following LEP modifications apply to the Writing Assessment Program: 1. LEP students may be given additional time beyond the time limit specified in the test administration manual for administration of the test to non -LEP students. LEP students may also take the test during several brief sessions within one school day. Students must not be permitted to continue testing from one day to another. 2. LEP students may be given access to an English -to- heritage language/heritage language -to- English dictionary. Such a dictionary would be familiar to LEP students because of its regular availability in instructional settings. A dictionary written exclusively in the heritage language or English shall not be provided. 3. LEP students may be given the opportunity to be tested in a separate room with the ESOL or heritage language teacher serving as test administrator. If the student is not' of legal age, the parents of the student shall be informed of this particular accommodation and shall be given the opportunity to select the preferred method of test administration. 4. The ESOL or heritage language teacher may answer student questions about the general test directions in their heritage language, but the teacher is prohibited from reading the prompt to the student or answering questions about the prompt. If you should have any additional questions about these procedures or need technical assistance, please call the persons whose names appear on page one of this memorandum as contact persons. Thomas Fisher will address issues related to testing LEP students, and Bernardo A. Garcia will address programmatic issues related to LEP instruction_ (This document is available on the DOE home page http:// www .firn.edu /doe/doehomepage.htm on the intemet. See Division of Public Schools.) DM /vs cc: Robert M. Connors ESOL District Coordinators District Coordinators of Assessment Assistant Superintendents of Instruction Student Services Coordinators CONTACT PERSONS NAME: Thomas Fisher NAME: Bernardo A. Garcia PHONE: 9041488 -8198 PHONE: 904/922 -7294 SUNCOM: 277 -8198 SUNCOM: 292 -7294 OMSLE PUBLICATIONS COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD MINUTES OF MAY 279 2004 MEETING, 6:00 P.M. HELD AT THE COL ER COUNTY GOVERNMENT CENTER BOARD CHAMBERS, IRD FLOOR, ADMINISTRATION BUILDING F, Fiala MIAMI TRAIL, NAPLES, FLORIDA Halas Present: Henning Absent: Susan CalkinCole�a s, PA Carlos Aviles, HAAB Member (Excused - David Correa, HAAB Member Military Service) Ernesto Labrador, HAAB Member Elsa Maria Hernandez Teresa Nelson, HAAB Member Lourdes Ramann, HAAB Member Sofia Pagan, HAAB Member Robert Pina, HAAB Member Also Present: Michael W. Pettit, Chief Assistant County Attorney, Staff Liaison to HAAB Ms. Liza McClenaghan The meeting of the Collier County Hispanic Affairs Advisory Board (HAAB) commenced at 6:02 p.m. There was a quorum. Mr. Labrador moved to approve the March 25, 2004 meeting minutes and Mr. Correa seconded the motion. The motion passed 5 -0. (Ms. Nelson did not join the meeting until after this vote was taken.) The Board moved to New Business. Mr. Correa moved to table the website issue once again until Ms. Nelson could be present. Ms. Calkins seconded this motion. The motion passed 5 -0. In order to prepare for discussion on this issue, Chief Assistant and Staff Liaison Michael Pettit passed out information concerning the website for purposes of future discussion. The next item of New Business was marketing. Because Ms. Hernandez was absent, Mr. Labrador moved that we table discussion on this item and Mr. Correa seconded, with the motion passing 5 -0. The Board then moved to Item III.0 on the Agenda concerning the "Get Out The Vote" campaign. Ms. Calkins explained that she had simply asked that the information attached to the agenda so that HAAB could know about the "Get Out The Vote" campaign. Mr. Labrador determined that each Board member would act on this matter on an individual or voluntary basis and there was no further discussion. (A copy of the "Get Out the Vote" campaign document is attached to these May 27, 2004 meeting minutes, as are other documents Winded out at the meeting. It should be noted that no action was taken on the April 22 2004 meetin minutes but that those minutes shall be presented for action at the next HAAB meeong,)V� T 0: /G z /CS Mr. Correa then added as a topic of discussion about postponing HAAB meetings in either July or August or both due to the vacation period. Mr. Pina disagreed with postponing meetings as did Ms. Calkins and Mr. Labrador. After further discussion on this subject, Mr. Correa withdrew his motion for such continuances of postponements. Mr. Pettit then raised under New Business the need to consider the next HAAB Report to the BCC and offered to investigate and report back to HAAB what was entailed in such a periodic report as outlined by the HAAB Ordinance. Mr. Correa commented in discussion that typically this involved a five minute or so discussion or report to the BCC by the HAAB Chairman. Mr. Pettit also raised the issue of absences and there was discussions about absences due to vacation and other types of absences and what would be an excused absence. It was decided that this issue would be placed on the agenda for further discussion and possible Board action at the next HAAB meeting. Under Old Business, Item N.A., there was discussion about the proposed mass wedding ceremony. Ms. Pagan discussed the contact she had had with news media and the Clerk of Courts about working toward such a mass wedding ceremony. There was discussion about the fact that attendance at premarital classes could lower the fees from approximately $88.50 to $56.00. Mr. Labrador raised the possibility of seeking some kind of amnesty for fees from the legislative delegation. Ms. Pagan also discussed the possible contacts with local clergy and stated that the Clerk of Court also indicated that he would help in any way he could. There was also discussion about seeking funds to assist with fees. Mr. Pettit observed that this might be problematic in light of previous opinions about fundraising but possibly if it was done by individual members or through a group outside of HAAB it would not be a problem. Mr. Pettit also observed that it was unlikely any local officials or other officials could waive fees because these fees were imposed by state statute. Mr. Labrador then discussed the drafting of letters regarding a proposed plan for a recruitment of Hispanics by the local government agencies such as the Board of County Commissioners, the Collier County Sheriff's Office and the Collier County Public Schools. He wanted to know what other Board members would like to do about this issue. Ms. Calkins said she felt it was a valid issue. She reported that her last discussion with representatives of the Collier County School Board involved discussion of a goal of equating the instructional population of the school to mirror the school's population. She felt that HAAB needed to find out how this goal was going to be achieved or what was being done to achieve this goal and to track this goal. There was discussion regarding the use of letters as a way to invite officials to come to HAAB and speak on this issue. Ms. Calkins wanted to know the makeup of school staff and the makeup of the BCC. Mr. Correa wanted to know whether the same strategy should be used for all agencies. There was discussion on this point. Ms. Calkins again raised the question of what the numbers were now. Ms. Nelson observed that the Sheriff's Office tried to meet certain EEO goals and wondered whether the County and other agencies kept track of these goals and whether they had to meet certain requirements under grants. Mr. Labrador stated that the goal was to see that the Hispanic community was fairly represented in all government agencies. He wanted to urge agencies to recognize any inequity. Ms. Calkins stated that we needed to gather information to make a determination on this point. Mr. Correa stated he was in full agreement. Ms. Calkins agreed that she would draft a letter to send to the agencies. There was a motion by Mr. Labrador 2 /6Z / (25 for Ms. Calkins to draft a letter to be reviewed by the Board and Mr. Correa seconded. The motion passed 6 -0. There were no public comments. Mr. Labrador moved to adjourn the meeting and Mr. Pina seconded. The motion to adjourn passed 6 -0 and the meeting adjourned at 6:58 p.m. A copy of the May 27, 2004 agenda is attached. Prepared by Michael W. Pettit, Chief Assistant County Attorney and HAAB Staff Liaison Approved rby the Hispanic Affairs Advisory d thi ? DJda of 2004. HAAB Chairman 3 JENNIFER J. EDWARDS SUPERVISOR OF ELECTIONS Collier Government Complex 3301 Tamiami Trail East .�-. Rev. Dr. Martin Luther King .Jr., Building Naples, Florida 34112-4907 C Telephone: (239) 774 -8450 Fax: (239) 774 -9468 May 17, 2004 Dear Potential Partner: t 6Z /C In cooperation with Secretary of State Glenda Hood, her current statewide partners (the Florida Chamber of Commerce, the Florida Association of Chamber F_Cecutives, the Florida Hispanic Chamber of Commerce, Community Colleges and the Florida Association of Broadcasters) and elections supervisors throughout Florida, Jennifer J. Edwards, Collier County Supervisor of Elections will be participating in the `Get Out the Vote' (GOTV) campaign, a statewide community awareness program. Beginning with simultaneous statewide press conferences on May 25 kicking -off the `GOTV' campaign, other public awareness outreach activities will be conducted simultaneously in Florida's 67 counties during June, July and September. These public awareness campaigns are designed to urge Floridians to register to vote, update their voter information and to encourage voter turnout for the August 31 Primary Election and November 2 General Election. We welcome your help and invite you to partner with our office in promoting this voter awareness campaign. As a Supervisor of Elections Office partner, we invite you to attend the 10:00 a.m. Press Conference on May 25 at our office as we launch the `GOTV' campaign in Collier County. During the press conference, we will identify you as a `GOTV' partner, and continue to promote our partnership in future press conferences, in press releases and in media kits. Partners will be provided voter registration packets with instructions, voter registration applications, voter guides and posters for use during one or more of the scheduled dates below: June 21 -25, 2004 July 10 -11, 2004 Sept. 13 -17, 2004 Sept. 20 -24, 2004 I hope we may work togethe Register at Work Week 1 Register at Your House of Worship Weekend Register at School Week (Tuesday, Community College Day; Wednesday, High School Day; Thursday, College & University Day; Friday, Technical School Day) Register at Work Week 2 r on this important civic effort by providing eligible voters in Collier County every opportunity to participate in the voting process. Please contact me by May 20 regarding a partnership. If you have any questions or need additional information, I may be reached at 774 -8805 or by email at CynthiaYounQ @colliergov.net Sincerely, MAKE FREEDOM COUNT Cynthia Young, Education Coordinator Collier County Supervisor of Elections Office 2004 OFFICE OF THE COUNTY ATTOMEY INTEROFFICE MEMORANDUM TO: Michael W. Pettit, Chief Assistant County Attorney FROM: Marian R. Coll], CLAS DATE: April 19, 2004 RE: Research on Advisory Board Web Page Attached is the information I gathered when you requested I research the possibility of a web page for an advisory board. This information was obtained from telephone calls with the Clerk's Minutes & Records Department, the County Manager's Office, the Information Technology Department, and the Clerk's Finance Department. Please let me know if you need additional information. Thank you. /6a /(f & HAAB Web Page Information 1. Advisory boards meet and take minutes. 2. Minutes are forwarded to BCC for approval. 3. Minutes will appear in the back up docs for the date that they were approved or presented for approval to the BCC. 4. Clerk's office receives minutes that were taken by court reporters for their website, which involves cost through a court reporter contract and contacting Jim Mitchell. 5. When the Clerk received the transcripts from the court reporters, they post them to their website, which archives them for future viewing. The Clerk archives minutes for the following Boards: Planning Commission — Paid for by Community Development Code Enforcement Board — Paid for by Michelle Arnold "s Department Contractor Licensing — Paid for by Community Development Board of County Commissioners Public Vehicle Advisory Committee — Paid for by Michelle Arnold's Department Environmental Advisory Committee — Paid for by Bill Lorenz's Department Development Services Advisory Committee — Paid for by Community Development Coastal Advisory Council — Paid for by Environmental Services Department Tourist Development Council — Paid for by Bleu Wallace's Department These departments determined they did not personally have the staff to send to meetings and take minutes, so they added court reporter costs into their budgets and used the two reporters on contract with the Clerk's office. Gregory charges $55.00 per hour and $6.00 per page for full transcripts; Manpower charges $27.60 per hour for summary transcripts. 6. Boards that require the BCC to approve minutes — all advisory board minutes are listed as Item 16(i) are on the consent agenda under miscellaneous correspondence and are approved by the BCC. 7. Notices of meetings and agendas are posted on the County website by Jason Regula, of the County Information Technology Department after he receives the information from Communications and Customer Relations department, but they only show up on the website until the meeting date. 8. If HAAB wants its own web page for the general public to review and have access to its agenda and minutes — past, present or future — the cost could be quite substantial. At this time, the ONLY minutes that the Information Technology Department posts for the general public are the Board of County Commissioners minutes. The expense of setting up and maintaining 40 or more advisory boards with their own web pages would be extraordinary. Not to mention software costs, staff time for training and updating, and down time if the person who was maintaining the page left the County. Also, what department would cover these costs? There are some departments within the County that set up their own web pages for information they needed the public to see and then they went on to include any advisory boards under their department on those web pages. The majority of advisory boards, however, do not have their own web pages and the cost of starting a trend like that is not likely during a time when the County is constantly asked to tighten its budget. Estimates from Information Technology would be roughly $52.00 per hour and possibly 100 hours plus $90.00 for software. That would be $5200.00 x 40+ advisory boards to set up web pages. Specific Response to Teresa's Email: 1. The public can obtain public information by requesting it through a public records request, or pulling it up through archived BCC back up docs on the date it was approved by the BCC. 2. The County Administration Office's budget cannot support forty or more websites for various advisory boards. All meetings are noticed in the same manner as the BCC meetings, so opportunities to speak at the meetings are the same as any other publicly noticed meeting. Notices and agendas are published on the County website up until the date of the meeting, then replaced with new notices and agendas. Copies of minutes may be obtained by making a public records request or by searching the Clerk's web page under archived minutes on the date the advisory board minutes were approved. 3. There is no statue stating that the County does or does not have to post things on a web page. Not all of the community has computers or internet access and those that do not can obtain the information the same way anyone else can — via a public records request or search the Clerk's web page with archived minutes. F // 4-Z Ic COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD MINUTES OF JUNE 249 2004 MEETING HELD AT THE COLLIER COUNTY GOVERNMENT CENTER BOARD CHAMBERS, THIRD FLOOR, ADMINISTRATION BUILDING F, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA Present: Susan Calkins, HAAB Member David Correa, HAA ember Sofia Pagan, HA Memb r Elsaa Hern knIg Member Halas Henning Coyle Also Pte: Absent: Carlos Aviles (Excused - Military Service) Ernesto Labrador, HAAB Member Teresa Nelson, HAAB Member Robert Pina, HAAB Member Lourdes Ramann, HAAB Member Tim Durham, Legal Assistant, Collier County Attorney Office Liza McClenaghan HAAB Member David Correa mentioned his prior proposal to adjourn during the summer months, which had been rejected by the Board at an earlier meeting. HAAB members waited until approximately 6:15 p.m. hoping to obtain a quorum, which did not happen. As a result, no business occurred. A copy of the June 24, 2004 agenda is attached. Prepared by Michael W. Pettit, Chief Assistant County Attorney and HAAB Staff Liaison Approv by the Hispanic Affairs Advisory r on this * d of 2004. HAAB Chairman 1 16-Z / C� NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) THURSDAY, JUNE 24, 2004, 6:00 P.M. Collier County Government Center Board Chambers, 3rd Floor, Administration Bldg. F 3301 East Tamiami Trail Naples, FL 34112 NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ** For more information, please contact Michael W. Pettit at (239) 774 -8400. ** If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774 -8380. ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. ** Collier County Ordinance No. 2003 -53, as amended, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. AGENDA I. 6:00 P.M. Meeting Called to Order II. Adoption of Minutes from May 27, 2004 Meeting and April 22, 2004 Meeting III. New Business A. Discussion of Website (Tabled at May 27, 2004 Meeting) B. Discussion of Marketing Issues (Tabled at May 27, 2004 Meeting) IV. Old Business B. Review of Draft Letters to CCPS /CCSO re Hiring Practices/Human Resources Procedures V. Public Comments VI. Meeting Adjourns �_.r. COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD' MINUTES OF AUGUST 26, 2004 MEETING HELD AT THE COLLIER COUNTY GOVERNMENT CENTER BOARD CHAMBERS, THIRD FLOOR, ADMINISTRATION BUILDING F, 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA Present: David Correa, HAAB Ernesto Labrador, HA. Fiala Halas Henning Coyle Coletta Also Present: Absent: Carlos Aviles, HAAB Member (on duty for hurricane) Susan Calkins, HAAB Member (daughter's wedding) Elsa Maria Hernandez, HAAB Member Teresa Nelson, HAAB Member (family matters) Sofia Pagan, HAAB Member Lourdes Ramann, HAAB Member Michael W. Pettit, Chief Assistant County Attorney, Staff Liaison to HAAB The meeting was called to order at 6:08 p.m. After discussion among Mr. Correa, Mr. Labrador and M �. Pettit, it was determined that no quorum would be available. As an item of discussion, Mr. Pettit raised th issue of the need to set procedures to determine what were excused and non - excused absences for purposes c the governing HAAB Ordinance. Mr. Pettit also made note of the request by the Black Affairs Advisor Board (BAAB) for discussion/confirmation of support of Non - Discrimination Ordinance to be presented t the Board of County Commissioners (BCC). The meeting was adjourned at 6:23 p.m. A copy of the August 26, 2004 agenda is attached. Prepared by Michael W. Pettit, Chief Assistant County Attorney and HAAB Staff Liaison Approved by the Hispanic Affairs Advisory Board on thi day of , 2002 HAAB Chairman & Z tc,5 NOTICE OF MEETING & AGENDA COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB) THURSDAY, AUGUST 26,2004,6:00 P.M. Collier County Government Center Board Chambers, 3rd Floor, Administration Bldg. F 3301 East Tamiami Trail Naples, FL 34112 NOTICE ** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. ** For more information, please contact Michael W. Pettit at (239) 774 -8400. ** If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 774 -8380. ** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman. ** Collier County Ordinance No. 2003 -53, as amended, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. AGENDA I. 6:00 P.M. Meeting Called to Order II. Adoption of Minutes from June 24, 2004, May 27, 2004 Meeting and April 22, 2004 Meeting III. New Business A. Standards for Excused and Nonexcused Absences B. Discussion of HAAB Ordinance and Definition of HAAB Mission C. Election of Officers D. Request by the Black Affairs Advisory Board for Discussion /Confirmation of Support of Non - Discrimination Ordinance to be Presented to the Board of County Commissioners E. Discussion of Future Workshops IV. Old Business A. Discussion of Website (Tabled at May 27, 2004 Meeting) B. Discussion of Marketing Issues (Tabled at May 27, 2004 Meeting) C. Review of Draft Letters to CCPS /CCSO re Hiring Practices /Human Resources Procedures V. Public Comments VI. Meeting Adjourns PARKS AND RECREATION Fiala VISOR Y BOARD MEET17VC µalas EAST NAPLES COMMUNITY PARK HenvmN - _. ---- -" OCTOBER 20, 2004 - 2: 00 PM Coyle I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE M. INVOCATION IV. APPROVAL OF MINUTES V. AWARD - Ann Marie Foley (from last month) VI. NEW BUSINESS A. Food Grant Report B. FRDAP Grant (no insert) VII. OLD BUSINESS A. City of Naples Funding Request VIII. SPECIFIC UPDATES A. Best Friends Neighborhood Park B. North Naples Regional Park C. Caribbean Gardens Workshop D. Goodland Property IX. REPORTS/UPDATES A. Monthly Report B. BCC Recaps C. Special Event Calendar D. Parks Update E. Recreation Update F. Adopt A Park X. MEETING SCHEDULE XI. MEMBER/ADDDRESS LIST 'P: l�1 b: /.4 /C' PARKS AND RECREATION ADVISORY BOARD MEETING Max Hasse Community Park, September 15, 2004 Present: John Ribes, Chairman Ski Olesky, Vice - Chairman John MacDougall Joseph Overbeck Mary Ellen Rand Absent: Frank Donohue Jeff Brown Staff: Marla Ramsey, Interim Public Services Administrator Murdo Smith, Interim Parks and Recreation Director Amanda Townsend, Operations Analyst Ray Carter, Operations Manager Steve Whittier, Recreation Superintendent Barbara Johnson, Sr. Administrative Assistant Others: Shane Cox — PUED Robert Steiger, Delnor Wiggins Pass State Park Annette F. Nielsen, DEP, Delnor Wiggins Pass State Park I. Call to Order II. Pledge of Allegiance III. Invocation IV. Minutes of August 18, 2004 meeting approved V. Awards - Ed Torroni and Ann Marie Foley (neither present) VI. New Business A. Wiggins Pass Channel Assessment Shane Cox explained that since the recent storms, the Pass has filled in a little more causing navigation difficulties. Emergency dredging needs to be done and his department is asking for PARAB's recommendation to place the dredged sand offshore at Barefoot Beach. The recommended computer modeling proposed by Humiston & Moore has been postponed due to the cost involved. (Feasibility study of 1 !6-7 / (C 17 alternatives for modifying the Wiggins Pass Maintenance Dredging Permit was presented to PARAB in May. At that time the Board's recommendation was to push the 13 feet depth further offshore the next time dredging was done.) The blue area on the map distributed represents the area covered by the current permit. The area closest to land is what is being considered for dredging. The red area represents the area where sand would be placed offshore at Barefoot Beach, not on the beach itself. If sand were placed in this area, it would gradually shift to the south and hopefully help the point of Barefoot Preserve. The quality of the screened sand placed from dredging would have to meet the specifications of the permit. In order to obtain funding from the TDC, this would be considered a re- nourishment project, not a dredging project. Staff at Wiggins Delnor Pass State Park does not desire the sand — their beaches were cleansed by the storm and not needed on the beaches. The location of a reef close to shore does not make it feasible to place the sand at this location. Motion by Ski Olesky: Accept the sand, if it meets the specs, and is placed offshore in the right area. Seconded by Mary Ellen Rand. Motion amended to include: As long as it does not go over 8 '/z feet as per previous discussion in May of not dredging to original point. Motion reworded: Accept sand in the red area as long as dredging is acceptable to Parks and Recreation, and the sand is the same quality as in the specs. Motion passed 4 -0. B. Sugden Regional Park Connection from Bayshore The piece of property under consideration has been sold to a private party and the opportunity to purchase no longer exists; however, the Department will pursue acquiring an easement that would provide public pedestrian access from Bayshore to Sugden. Everything is on hold at the present time. VII. Old Business A. City of Naples Funding Request 2 /61 !C? A meeting with David Lykens of the City has been scheduled and cancelled three different times due to the storms. Four suggestions were to be presented at this meeting for the City's consideration: (1). Institute an impact fee for the construction of growth related facilities within the City. (2). Increase the user fees for County residents participating in City programs. (3). Have the County take over Fleischmann Park and list it in the County's Growth Management Plan. (4). Change policy to restrict County residents from participating in city programs. Final approval of the County budget that will take place September 23`d , includes fifty million dollars of non - funded requests competing for the 90 thousand dollars available. County impact fees cannot pay for City facilities. Motion by Ski Olesky: We do not recommend spending impact fees for growth related facilities within the City. Seconded by John MacDougall. Passed 5 -0. Although impact fees cannot be used for funding City projects, the department will continue to work with the City and the meeting will be rescheduled. B. Beach and Water Access The document enclosed in the packet was for informational purposes only. Mr. Ginsberg is a member of CAC and wants to insure that the public will continue to have access to all beaches. The Beach and Water Access public meeting will be held Wednesday, December 8th, 6:00 pm at Vineyards Community Park. VIII. Specific Updates A. Best Friends Neighborhood Park The survey will be mailed October 15`h requesting a return postmarked not later than November 15th. Surveys received after that date will not be counted. One survey will be sent to each parcel - not lot - owner; the results of this survey will then go to the BCC as requested. B. North Naples Regional Park 3 16Z 1c? The request for approval of the guaranteed maximum price for Kraft Construction in the amount of $53,802,645 was to be on the BCC Agenda September 14`h. This meeting was postponed until Tuesday, September 21" and PARAB members were requested to attend and show their support. If everything goes well the facility should open sometime in May 2006. Ground breaking ceremonies will be held 10:00 am, September 30`h, at the site. C. Caribbean Gardens — John Ribes sits on the committee to help guide the acquisition of green space within the community. At the last meeting members reviewed three schemes on how the zoo /land may be used in the future if purchased. There will be a referendum on the ballot in November and with the amount of public support visible, hopefully will be approved. The group is working closely with the Public Land Trust, which is a national group that assists in acquiring land for public use. Another group is responsible for creating all the marketing and promotion necessary to obtain public support for the passing of the referendum.. D. Goodland Property — An application was submitted to Florida Communities Trust to obtain a grant to help purchase the Mar -Good property in Goodland. Marla Ramsey and Amanda Townsend went to Tallahassee to attend the FCT meeting and returned with the good news that this project was awarded 1.9 million dollars, thus allowing the department to continue the purchasing process. E. Hurricane Charley caused some damage at Clam Pass, Vanderbilt Beach, Barefoot Beach, Barefoot Beach Access and Caxambas. Boardwalks were washed away, trees blown over and other landscaping damaged. There was some dock damage at Caxambas and the pumping system for the bait tanks was also affected. Approximately $219,000 worth of claims was submitted to FEMA from the Parks and Recreation Department. The maintenance section reported loss of trees, safety lines damaged on the ball fields and a pavilion cover damaged at Vineyards. The beach sand loss was not in width, but in the depth of the sand. Department staff assisted at the emergency phone bank and several shelters. IX. Reports/Updates A. Monthly Report B. BCC Recaps — none C. Special Event Calendar — Pelican Bay Community Park on Saturday — tennis clinics, exhibitions, music, etc. D. Parks Update — list of current projects was distributed. E. Recreation Update — Accreditation application nearly complete. F. Adopt A Park — Jeff Brown absent — no report. X. Next meeting will be October 20`h, 2:00 pm, at East Naples Community Park. 2 AGENDA Fiala - --�- -- --Z--COLLIER COUNTY CONTRACTORS' LICENSING BOARD Halas Henning DATE: OCTOBER 20, 2004 Coyle TIME: 9:OO A.M. 2 Coletta W. HARMON TURNER BUILDING (ADMINISTRATION BUILDING) COURTHOUSE COMPLEX ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ROLL CALL II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: September 15, 2004 V. DISCUSSION: VI. NEW BUSINESS: Rory O'Neill — Request to reinstate his aluminum license and waive the Business & Law exam for his Residential Contractor's license. VII. OLD BUSINESS: Sidney J. Hubschman — Request to reinstate the county Swimming Pool Commercial license Without retesting. Alan Scares — Request to qualify a 2nd entity. VIII PUBLIC HEARINGS: Case #: 2004 -04 - Debora Kucko vs Charles C. Willey D /B /A B & W Asphalt Paving & Sealcoat IX. REPORTS: X. NEXT MEETING DATE: Wednesday, November 17, 2004 FOREST IMAIAN'\N AND IWAIN"'l-k('11" NI.S.T.1 LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 November 10, 200 aenda I. CALL MEETING TO ORDER IL ATTENDANCE: III. APPROVAL OF MINUTES: October 13, 2004 IV. APPROVAL OF AGENDA: V. TRANSPORTATION SERVICES REPORT A. Budget — Tessie Sillery 1. Explanation of Rollover Funds from 2003/04 V1. OLD BUSINESS A. Report by Wilson-Miller — Craig Pajer 1. Priority Project List & Estimates B. Easement Update C. Sidewalks D. Lighting V11. NEW BUSINESS: VIII. PUBLIC COMMENTS IX. ADJOURNMENT "PLEASE NOTE** 'I'he next mectill he 2004 10: 00, 1 I raffic Operatioll't ( onference lzoom 11orse"hoe Dri%v tkr—, )-I C- 1 1, 341114 )L7 FOREST LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SUMMARY OF MINUTES AND MOTIONS October 13, 2004 I2 r/ III. Approval of Minutes: September 8, 2004 Bob Cunningham moved to approve the minutes of September 8, 2004. Second by Roger Somerville. Carried unanimously 3 -0. IV. Old Business: A. Report by Wilson Miller— Craig Pager 1. Conceptual Sheet for next Phase /s • Contract #1— Quality Enterprises — Bob Cunningham moved to approve the expense of $1,959 for the change order for Quality Enterprises. Second by Roger Somerville. Carried unanimously 3 -0. • Contract #3 — Kyle Construction - Bob Cunningham moved to authorize Wilson Miller investigate putting in a drainage pipe between street C & D and to speak with South Florida Water Management concerning drainage piping. Second by Bill Seabury. Carried unanimously 3 -0. • Roger Somerville moved to increase the Contractors completion time to 120 days rather than the 90 days due to the reasons mentioned above. Second by Bob Cunningham. Carried unanimously 3 -0. Priorities for 2004105 2) Quotes for Pot Hole Repairs and Inlet/Ditch Maintenance — Roger Somerville moved to approve a $15,000 Annual Maintenance Contract, which can be increased for pot - holes. Second by Bob Cunningham. Carried unanimously 3-0. 162 /C it Bob Cunningham moved to set -up a Ditch Maintenance Contract to clean the inlets of weeds and debris for better drainage and have Val bring quotes back to the Committee with the scope of services. Second by Bill Seabury. Carried unanimously 3 -0. Roger Somerville moved to approve the $6,500 payment to Wilson Miller for Engineering Services. Second by Bob Cunningham. Carried unanimously 3 -0. Bob Cunningham move to authorize and recommend a 10% contingency fund of the bid amount being $21,336 for the above Contract. Second by Roger Somerville. Carried unanimously 3-0. N /4z FOREST lMAIAN A) VNI) 1)R. INA(.11: 11.'x. I A . . A E S ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 October 13, 2004 Minutes /C it I. Meeting was called to order by Vice Chairman Bill Seabury at 10:04 AM. II. ATTENDANCE: Members: Bill Seabury, Roger Somerville, Bob Cunningham, Bob Jones (Excused), Virginia Donovan (Excused) County: Val Prince - Landscape Operations, Tessie Sillery-MSTU Landscape Coordinator Others: Craig Pajer - Wilson Miller, Dick Freeland- Forest Lakes, Ernie Carroll - Emerald Greens, Sue Chapin- Manpower Services III. APPROVAL OF MINUTES: September 8, 2004 Bob Cunningham moved to approve the minutes of September 8, 2004. Second by Roger Somerville. Carried unanimously 3-0. IV. APPROVAL OF AGENDA: Add: Under "Old Business" Item A. Report by Wilson Miller — Approve Change Order for $1,959 for sod. V. TRANSPORTATION SERVICES REPORT A. Budget — Tessie Sillery Budget was distributed to all members. (Attached) Improvements General — (21,219) — Overall Budget - $528,250. Committed - $58,000 with expenditures being $490,884. Actual Fund Balance is $102,463 Revenues - $387,649 The 2004/05 Budget sheets were distributed. (Attached) Bob Cunningham questioned the difference of the rollover funds from the 2003 /04 and 2004/05 Budgets. The difference is in the Improvements General. Tessie will check and verify the figures for the next meeting. She explained the figures on this fiscal years budget. The estimated Revenues are $564,057 including interest and carry forward. Craig Pajer asked about the "Other Contractual Services" figure in the last year's budget for $100,000 for Landscape Maintenance. He was told the money can be spent when there is a use for it. The Committee is pleased with the Budget format Tessie is giving them. She is making them as simple as possible for better understanding by all. /6.7 /0 /1 VI. OLD BUSINESS A. Report by Wilson- Miller — Craig Pajer 1. Conceptual Sheet for next Phase /s — Craig's summary report and status of Contracts are as follows: (Attached) Contract #1— Quality Enterprises: not finished but was informed by Committee FP &L (MasTec) was working on the Woodshire ditch yesterday. Discussed the change order for the sod around Lake #5 for $1,959.00. Bob Cunningham moved to approve the expense of $1,959 for the change order for Quality Enterprises. Second by Roger Somerville. Carried unanimously 3 -0. Craig mentioned there is an issue with Quality on the control gate with the stop plank and needs to be resolved. • Contract #2 — Mitchell & Stark: The final amount was $207,000 with a savings of $44,188. Those funds will be available and will be shown as obligated funds. They did not remove the rocks discussed earlier in the plan. They were to re -grade the swale by the Club House but traded it by doing a lesser area. He agreed that was a good idea because the swale in the northern part was not that bad. Contract #3 — Kyle Construction: Spent less than proposed. He showed the committee on the various areas of changing the routing of the drainage to the inlets. The problem some residents had with water has been resolved, but would like to see sod in the swale rather than dirt. Would be a cost if the Contractor sodded the area. The best solution in that particular area is to put a pipe in the swale. If one, a pipe should be put in on the whole side and remove the pump station and have it flow by gravity to the Gordon River. That would be a long term solution. Craig will get an estimate for the sod. Craig mentioned they are complaining about the smell from the affluent and would probably be best to just pipe it. Craig will get an estimate for piping also. Bob Cunningham moved to authorize Wilson Miller investigate putting in a drainage pipe between streets C & D and to speak with South Florida Water Management concerning the drainage piping. Second by Bill Seabury. This will generate maintenance savings and save on complaints by neighbors. When the Gordon River is, high everyone will have a problem with flooding and can't be avoided. Discussed the water level recorders — Craig will check to see if they are still working. Carried unanimously 3 -0. • The Contractors had a 90 day completion date and for a number of reasons have had to go beyond that timeframe. Craig would like to grant them 120 day time extension so they are not in violation of 2 /6-7 CC /l the completion time. Most of the work has been done within the 90 days, but with hurricanes and FP &L issues they need more time. Roger Somerville moved to increase the Contractors completion time to 120 days rather than the 90 days due to the reasons mentioned above. Second by Bob Cunningham. Carried unanimously 3 -0. PRIORITIES FOR 2004/05 1) Forest Lakes Villas Contract — was bid but not enough funds. Committee decided to put off until this fiscal year. Bid was $213,360. (Swales and drains) There is a problem in that area with the sod growing and water unable to drain off the road. Driveways have an inverted swale and not able to connect and drain properly. Had designed French drains and swale re- grading for proper drainage but some drain towards the west. Kyle Construction was low bidder, and there wasn't enough money to do this past year. A question of Woodshire Lane repaving was asked. Craig has no design or cost estimate for repaving Woodshire Lane yet. The worse area of Woodshire that is falling apart was shown on the map. Val mentioned Craig will need to do some detail work for resurfacing and reconstruction. Craig said if they are going to do the road they should do the paving and drainage at the same time. The Committee agreed. Areas on the map were shown concerning a manhole at Building #12 and a swale that disappeared. Adding inlets and pipes discussed were shown on the map. Craig described the areas as being Hole #10 in Forest Lakes to Lake #13 by Hole #18. Discussion followed on that area. 2) Quotes for Pot -Hole Repairs & Inlet/Ditch Maintenance - there are weeds, twigs and debris clogging up the ditch which needs to be maintained on a routine basis. Pot -hole repair is the other item of concern. Val has a report on both: Val — Pot -Hole repair — a proposal was made last year to have a Contract with someone checking the areas of concern and fixing them. The Committee had decided not to do it at that time. He is still proposing to have a Contract with someone on stand -by basis. Better Roads would be the primary Contract and Bonness secondary. The Purchasing Department stated either company could be used. They would drive through the area once or twice a month, mark the pot holes, cut them out and seal and patch them. They would then invoice for the work done. There isn't a "Pot -hole Repair Section" in the Contract. There is a clause that says "Spot Repairs" which could be interpreted as "Pot -hole Repairs." Contract has a minimum tonnage and square yardage for sealing the lime rock. He will get the cost involved from both Companies. He will work out the details and present it to Purchasing for approval. With oil prices increasing, the Companies would have the right to cover price increases in the Contract. Could be different prices on a monthly basis. Roger Somerville moved to approve a $15,000 Annual Maintenance Contract, which can be increased, for pot- holes. Second by Bob Cunningham. This will involve the Company making one or two trips a month so they can mark the areas and repair. Discussion followed on what account it would be taken from. Carried unanimously 3 -0. X61 j�1/ A lengthy discussion followed on a maintenance contract for cleaning the inlets. Bob Cunningham moved to set -up a Ditch Maintenance Contract to clean the inlets of weeds and debris for better drainage and have Val bring quotes back to the Committee with the scope of services. Second by Bill Seabury. Carried unanimously 3 -0. 3) PaviProjects — Need to do maintenance on the cal -de -sacs and Woodshire Lane. He is still working on a Master Plan that will give the Committee associated costs. 4) Grouping proiects and Bonding — there are many needs. If done on an annual basis, things will deteriorate. Some things need to be done all at one time rather than one at a time and then pay off a Bond debt on an annual basis. Gave example of pot -hole maintenance. If fixed now it would be money saved for annual maintenance. Craig's opinion is the MSTU should be responsible for the main roadways and the drainage associated with that road. The parking lots and driveways should be the responsibility of the condos. Craig will put a priority project list together for next months meeting. Val reminded everyone the cost of construction keeps going up and will affect Forest Lakes. Will be a savings doing the projects all at once. Tessie commented there is $219,000 in Improvements and the Work Order is for $207,000. Craig mentioned they need authorization for the $6,500 for Engineering Services. When discussed at a previous meeting he said they would not charge for the Engineering for the Forest Lakes Villas if it was done with the other projects. Since this was not done at that time, he needs money budgeted for observation of the construction work and administrative paperwork that needs to be done. Roger Somerville moved to approve the $6,500 payment to Wilson Miller for Engineering Services. The project includes improvements to re -grade the swales in- between the driveways and connect to the drains to the golf course. (French drains) This is the project that was designed and authorized last year to do in this fiscal year. Project was bid at $207,360 (Kyle Construction) — now plus $6,500 for Craig's services plus a 10% contingency is what is being asked for. Motion was seconded by Bob Cunningham. Carried unanimously 3 -0. Bob Cunningham moved to authorize and recommend a 10% contingency fund of the bid amount being $21,336 for the above Contract. Second by Roger Somerville. Carried unanimously 3 -0. The Manager from Forest Lakes (Dick Freeland) stated the sod looks good and have not had any flooding B. Easement Update — Val has no fiurther word from Lorraine. They are executing a Quit Claim Deed for the easement. Tessie will follow up and give a report at the next meeting. 0 VII, NEW BUSINESS: A. Update on truck traffic from Shopping Center — This had been addressed last month. B. Sidewalks — The Ordinance needs to be addressed by the Committee with costs and whether it would be included in the option of Bonding. C. Lighting — The Ordinance needs to be addressed as the same as above. E. Landscape Maintenance Contract (Keeping Inlets Clean) — addressed earlier. F. New Drains on Forest Lakes Blvd. — addressed earlier. G. Continue Motion for Annual Contract to Fix Pot Holes — addressed earlier. VIII. PUBLIC COMMENTS Ernie Carroll - Emerald Lakes — complimented the Committee on their attitude in moving forward with their projects. IX. Being no further business to come before the Committee, it was adjourned at 11:57 AM. * *PLEASE NOTE ** \aplvs- 1A, 34104 5 October 2004 Monthly Progress Report by WilsonMiller Craig Pajer Status of Contracts: 16 z i c Jl Contract 1 - Quality Enterprises Need to execute change order for the sod ($ 1,959) FP &L still needs to lower the conduits under ditch Control gate needs to be resolved Contract 2 - Mitchell & Stark Punch List items claimed to be complete, need to verify Contract 3 — Kyle Construction Punch List items mostly complete, meeting with neighbor on Thursday Should sod be added to swale by pump station? FY 2004 -2005 Priorities and Timeframe • Forest Lakes Villas contract — Need to authorize $213,360 Work Order for Kyle Construction and need Engineering services ($ 6,500) during construction approved. Recommend adding 10% for contingencies ($ 21,336). Total authorization required is $ 241,196. • Obtain quotes for pot hole repair and inlet/ditch maintenance • Consider some pavement projects • Consider bonding projects - Ver.004- Cf 3 Quality Mitchell & Kyle Enterprises Stark Construction Contract 1 Contract 2 Contract 3 Original Amount $ 68,825 $ 251,360 $ 139,925 Changes $ 8,125 Final Amount $ 76,950 $ 207,172 $ 130,965 Savings $ 44,188 $ 8,960 Status On hold Complete Complete Contract 1 - Quality Enterprises Need to execute change order for the sod ($ 1,959) FP &L still needs to lower the conduits under ditch Control gate needs to be resolved Contract 2 - Mitchell & Stark Punch List items claimed to be complete, need to verify Contract 3 — Kyle Construction Punch List items mostly complete, meeting with neighbor on Thursday Should sod be added to swale by pump station? FY 2004 -2005 Priorities and Timeframe • Forest Lakes Villas contract — Need to authorize $213,360 Work Order for Kyle Construction and need Engineering services ($ 6,500) during construction approved. Recommend adding 10% for contingencies ($ 21,336). Total authorization required is $ 241,196. • Obtain quotes for pot hole repair and inlet/ditch maintenance • Consider some pavement projects • Consider bonding projects - Ver.004- Cf 3 16-.Z /C It s w 0 w 0 0 a Q m N O CO.f T O b m Q a N N O C A m a a (C: a `w ^ J J O a N c pm T T n (.rZ -io A W ° O N m fill y O d 000 O 00 O O 00 O o 00 v 0 CD 0 0000000 00000 m �"� 0 0 0 O 0 0 C 0 0 0 0 0 O O N 0 0 CD O O O O O O O 0 0 O O C T 0° 0 0 0 0 0 0 0 0 0 0 0 0 0 CO m c N CD O O OO W N - U1 O N O w° C c L. 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ATTENDANCE: Members: Bernardo Barnhart County: Bob Petersen - Landscape Operations Manager, Cristina Perez -Code Enforcement Others: Robert Kindelan -CLM, Mike McGee -McGee & Assoc., Sue Chapin - Manpower Services The meeting was not held due to lack of a quorum. PLEASE NOTE The next meeting is scheduled for Wednesday, November 17, 2004 4:00 PM, At the Immokalee Community Park 321 First Street South, Immokolee, FL 1 /61:z- CONSERVATION COLLIER Fiala 4gACOUISITION ADVISORY COMMITTEE Halas November 8, 2004 Coyle 9:00 A.M. Colette Commission Boardroom W. Harmon Turner Building (Building "F "), Third Floor I. Roll Call II. Approval of Agenda III. Approval of August 9, 2004 and October 11, 2004 Minutes IV. Old Business: A. Real Estate Services Update on Status of First Cycle A -list Properties & NGGE Unit 53 B. Coordinator Updates a. Updates on current cycle properties already presented (if applicable) b. Report from GAC meeting - request to purchase NGGE Unit 53 parcel c. Follow -up on Committee requests from previous meeting i. NGGE Unit 53 — confirm core area decision R 'F- !C,3 ii. Cycle One B- category properties — re- ranking under amended ranking format iii. Collier Development Corporation parcels — Separate ranking & additional purchase request iv. Abercia and School Board / Magnolia Pond Rd. parcels — PUD conservation area issues v. Winchester Head Project - potential for Stormwater Dept. partnership & Collier Soil & Water Conservation District Partnership Proposal (continued to future meeting at request of Michael Ramsey) V. New Business: A. Request from owner's representative to address the Committee — Malt property B. Review and discussion of ranking procedure C. Review of voting disclosure procedure D. Long Range Land Management Budget — staff presentation E. Committee Discussion — Conservation Collier December BCC Workshop �C/3 F. Outstanding Advisory Committee Member Program G. Review and recommendation - application to fill committee vacancy VI. Subcommittee meeting reports A. Budget — Ellin Goetz, Chair B. Outreach — Bill Poteet, Chair C. Lands Evaluation and Management - Marco Espinar, Chair D. Ordinance Policy and Procedures — Will Kriz, Chair VII. Committee Member Comments VIII. Public General Comments IX. Staff Comments X. Adjournment Committee Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on October 8, 2004 if you cannot attend this meeting. /6-7- 1 c 13 Fiala October 11, 2004 Coyle Coletta CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Board Meeting Room E, 3rd Floor, Administration Building 3301 Tamiami Trail East, Naples, FL 34112 9 o'clock, October 11, 2004 LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Board Meeting Room E third floor, Administration Building, of the Government Complex, 3301 East Tamiami Trail, Naples, Florida with the following members present: Michael Delate Marco Espinar Ellin Goetz Wayne Jenkins Will Kriz Bill Poteet Kathy Prosser - Chairperson Collier County Staff: Alexandra Sulecki, Program Coordinator; Cindy Erb, Senior Property Acquisition Specialist; Ellen Chadwell, Staff Attorney, County Attorney's Office; Roosevelt Leonard, County Real Estate Appraiser 1 /6Z /e /3 October 11, 2004 The Conservation Collier Land Acquisition Advisory Committee meeting was called to order by the Chairperson, Kathy Prosser, Monday October 1 lth, 2004 at 9:00 am. I. Roll Call Linda Lawson is absent Ms. Sulecki: Regrettably, Ed Carlson resigned from our board effective September 2" Applications to fill the vacancy will be brought to the committee for recommendations. II. Approval of Agenda Mr. Kriz moved to approve the agenda with a second by Mr. Delate. Motion carries 5 -0 (Mr. Jenkins and Ms. Goetz had not yet arrived.) III. Approval of August 9, 2004 Minutes Ms. Sulecki advises that the minutes were sent in the September packet and this was noted in the October packet. Ms. Prosser recommends delaying the approval of the August 9, 2004 minutes until the next meeting. IV. Old. Business A. Real Estate Services Update on Status of First Cycle A -list Properties and NGGE Unit 53 Project Cindy Erb reports: • American Business Park and the Erickson parcels closed on September 10, 2004. • We made an offer on the Malt property for $4,750,000. We are waiting for a reply. We did receive a request for an extension through November 30`h. Ms. Sulecki: There is a copy of the letter in your packet and they did ask to be put on the agenda for the next meeting. If you would like that I will be happy to do that. Mr. Poteet asked if they gave a reason why they want to be put on the agenda. Ms. Sulecki stated that no reason was given directly to her. Ms. Prosser asked the committee how they felt about making a change to the regular procedures which allow 15 days to accept an offer. Mr. Kris: I think that would be acceptable. I wish I knew the circumstances, but I don't think it's asking too much. 2 /6Z /C /3 October 11, 2004 Ms. Prosser: I would like to request staff's opinion on this. Does this establish a precedent which will make our entire rule setting for naught? Ms. Sulecki: I haven't spoken to them directly. Our attorney, Mike Pettit, has relayed to me what he feels is the substance of what they would like to address. I'm reluctant to share this because I haven't spoken with them directly. I believe that they would like to ask for a change in our purchase policy. Ms. Erb confirms that she has not spoken to the Malt property owners directly as well. Ms. Prosser: I have a legal question. Are these requirements part of our policy or are they in the ordinance? Ms. Sulecki: The fifteen days is a policy of the real estate services department to put a closure to our offer. Ms. Erb: It is so the offer is not out there forever. We have no problem with the extension. Mr. Poteet: I also have no problem with the extension. In real estate you will find that you have to be flexible on numerous occasions. I can anticipate possible requests for a 1031 exchange on some of the commercial properties that we are purchasing. Mr. Kriz makes a motion to grant an extension of the offer until November 30th. Mr. Jenkins seconds the motion. Motion carries 6 -0. Ms. Sulecki will put the Malt property on the agenda and ask for a written summary of their request prior to the meeting so that the committee members will have time to consider the request. Mr. Jenkins confirms that the extension is through November 30th and the property owners will appear at the November 8th meeting. Ms. Erb continues: • Conservation Collier is still waiting to see what will be available from the Talon and Fleishmann properties. Ms. Sulecki: Talon is still going through the comprehensive plan amendment cycle. For Fleishmann we are waiting to hear how much property is needed or how much mitigation will be provided for the plans by early spring. Mr. Poteet: Why is Talon going through a comp plan change when we are talking about purchasing the property? Ms. Sulecki: Talon is in a neutral zone and the owners are trying to change it to a sending area so they can remove the units. It will lower the price. 3 / 6 .T /C / 3 October 11, 2004 b. Price & Cannon NGGE Unit 53 — contracts Ms. Erb reports: • We closed on seven parcels in unit 53 for a total of 11.15 acres. We made offers to three additional applications that came in. Two have accepted our offers; we will be asking you to approve the executive summaries later in the agenda. This would bring our total acreage to 13.88. The property owner for the third application has chosen not to sell at this time. We have received two additional applications as well and are expecting appraisals today. The appraiser has stated that values are increasing in that area. Mr. Delate: Is there any indication that our programs are causing the raise in market value in Unit 53? Roosevelt Leonard, County Real Estate Appraiser: I believe that there is a small contribution we are making to the area in unit 53. We used to pay $8,700 an acre in unit 53; now that price is almost $20,000. That has happened in one year. There are some areas in Unit 53 where an acre will go for $30,200. The adjoining units are appreciating roughly at 7% to 10% over a year. In unit 53 it is very speculative, once again, most of it is still wet. I believe it is above the going market. Ms. Sulecki: We have two contracts here in Unit 53, Price and Cannon. Price is 1.14 acres at $12,000 with another $900 for associated costs. Then we have Cannon, which is 1.59 acres. The cost is $16,700 with another $900 for associated costs. Our first purchase parcels were approximately 66% higher than what we originally reported. Prices have continued to rise and Price and Cannon are approximately 86% higher than the amounts we originally reported. We still recommend proceeding, but certainly with a watchful eye to the rising values. We also remind you that until the contracts are signed by the Board of County Commissioners that they are subject to their approval. So there is no penalty should you decide not to go ahead with the contracts at this point. I just want to confirm that with staff attorney Ellen Chadwell. Ms. Chadwell: Your acquisition policy sets forth certain procedures in the offer but it still makes it clear that it is subject to the board's approval. Ms. Sulecki: So this is a good time for you just to think briefly about the properties and values. Ms. Prosser: Could you give me a dollar figure to tie to an 86% increase? Ms. Sulecki: Originally we had estimated $6,438 on a 1.14 acre parcel. In April 2004 we paid $10,700 and in August 2004 the price was $12,000. For the 1.59 acre parcel we had originally estimated $8,900 and our first parcels were $15,000 and these are $16,700. Ms. Goetz: Which I might add is still very cheap. Mr. Poteet makes a motion to recommend approval and Ms. Goetz seconds. Motion carries 7 -0. 4 14.7 /ci3 October 11, 2004 c. Beardsley — Option discussion Ms. Erb reports: • These were two of the original nine parcels that we had contracts for. They were obtained by tax deeds so we are not able to obtain good title without the institution of a title suit. The tax deeds were issued in 2001 and 2002 and because of the opportunity that the previous owner can challenge. Our title insurer is not willing to insure the title without a final judgment or a conveyance from the original owner. We have contacted the property owner and she is aware of the situation and she sent out letters to the previous owners that the attorney's office had done some research on. • The 3.79 acre parcel expires in March of 2005 and she is willing to take the additional sum of $1,000 to close on March 24, 2005. We would be able to close on that date. The final purchase price would be $39,000 (our offer was $38,000.) • The 1.14 acre parcel will not expire until November 25, 2006. If we did do an agreement she is asking for an additional sum of $1,200. The total purchase price would be $11,900. The closing would not be until December 2006. We would be holding that money until then. • We are looking for direction from the committee. Ms. Chadwell: There is a statute of limitations of 4 years for tax deeds. There is no requirement that the title insurer insure it but we have consulted with our agent and they are willing to insure the title once that four years runs. The reason we are back before this committee is because of the acquisition policy which requires that you obtain a title policy on every acquisition. It doesn't give us any opportunity to negotiate with the property owner or do anything other than what is set forth in the policy. In light of the fact that this property owner is willing to allow us to lock in this price and extend the closing on either or both of the parcels we thought is was worth bringing back for your consideration. In light of the comments on escalating values in unit 53, we think that a 5% cost to extend the closing date on acquisitions is certainly a justifiable amount. Mr. Kriz: I think that cost of the land and cost of curing the title are oranges and apples. I think it is the owner's obligation to cure the title. I don't think the county should be bearing the cost of the owner's obligation. Ms. Chadwell: Let me just say that the owner has an opportunity to cure but she can decide not to cure and walk away. Then you terminate the agreement and we both go our separate ways. There is not obligation to cure the title within the time frame of the contract. We have extended that time period through today's meeting. If you decide not to go forth with this we will terminate the agreements with the property owner. Ms. Erb confirms that one parcel is 3.79 acres at $38,000; the additional amount would increase that to $39,000. The other parcel is 1.14 acres at $10,700; the additional amount would increase that to $11,900. Incidentally, this number is lower than the current price for 1.14 acres, $12,000. Ms. Sulecki indicates the location of the parcels on the map. Mr. Kriz: Is she willing to sell one but not the other? 5 /e -7- / C / 3 October 11, 2004 Ms. Erb: I advised her of what we would be recommending. I did advise her that we were unsure about the 1.14 acre parcel and I think she would still go forward with the 3.79 acre parcel. Mr. Poteet: It's the smaller parcel that we definitely want because it is contingent to other parcels. Ms. Erb confirms that the larger of the two parcels is the one that can close in March 2005, this is the one that is outside of the core area. Mr. Poteet: Her request for appreciation of the property is not unfounded and is probably lower than what the market would allow for. I would recommend going ahead with this. Ms. Goetz makes a motion to recommend approval of acquisition for both parcels. Mr. Poteet seconds. Mr. Jenkins asks if the core area is still effective. Ms. Sulecki: I think we did adopt the core area; we just expanded it to include a couple of parcels in the west. (Indicates areas on the map.) Mr. Jenkins recalls that the entire unit 53 was considered and requests that the minutes are consulted to confirm this. Ms. Sulecki: I can clarify this at the next meeting but it was my understanding that Mr. Carlson wanted to do that but it did not actually get voted on and approved. I will be happy to go back and check the minutes for next time. Ms. Chadwell: Prior to you taking a vote on the motion, can I ask you to clarify that the motion is contingent on these amounts as Ms. Erb has represented. Also that the property owner commit in writing to those amounts within 5 days time or you authorize us to go forward and terminate these contracts. Ms. Goetz: I would accept that addition to the motion. Mr. Poteet: Is the property owner local? Ms. Erb: Fort Myers Motion carries 7 -0. B. Utility Department needs — Hans Russell, Senior Property Acquisition Specialist Ms. Sulecki: As you know, staff has been working to coordinate with other county departments to determine if our parcels under review will impact another department's need for property. We can consider a potential partner as a part of our approval for purchase. We specifically identified several departments: Parks and Recreation, Transportation, and Public Utilities. Staff from these 0 /�Z /C /3 October 11, 2004 departments will be meeting later this month with the county manager and we are going to further that coordination effort and verify what the Collier County ordinance will allow. In response to our request, Public Utilities has advised us that they have a potential interest in all of our properties for future well fields, pipelines and locations of ASR wells. This executive summary gives you a list of the potential needs for each of the properties. I have invited Hans Russell, the Senior Property Acquisition Specialist for the Real Estate Services Department, to answer any questions you may have. (A map is displayed to indicate areas of question.) Mr. Russell: I do want to clarify a few points and answer any questions that you may have. My primary purpose is to establish the public water supply. I am happy to report that we now have a team of hydro - geologists, hydro- engineers and other consulting engineers studying our long term needs, even as we speak. An important member of this team, Don Lindemann is here to answer any technical questions you may have. Mr. Russell indicates areas of interest and concern on the map display: existing and proposed water treatment plants, well fields and pipelines. I would like to dispel two of the rumors I have heard. One was that we may be targeting Conservation Collier parcels because they are easy to obtain. Actually, we are simply targeting areas where we know we will have to be and if Conservation Collier is in there we are trying to avoid a conflict. (Indicates Unit 53 on the map in relation to the proposed plant and pipelines.) The plant needs 40 wells; they have to be spaced 1/a mile apart. Six miles of wells is not an unreasonable length. Most of the wells go into the deeper aquifers, the saline and brackish aquifers. Ms. Goetz: As Conservation Collier gets lands, how do you become aware of them? Mr. Russell: The way we have been doing it is that Alex sends out a memo. If we were a little further along this would be easier. We would like to get an easement now, before Conservation Collier comes in and then if you decided to buy it you would take it subject to our easement. Ms. Goetz: I think I have a better understanding now. Mr. Russell: Recognize that I may be less objective because of my role, but we believe this is a compatible use. Ms. Goetz: Is your department able to purchase an entire parcel? Mr. Russell: Sometimes, if we must, we do. We much prefer to get easements, because they have less impact on the landowner. Mr. Delate: Typically what would be the size of the easements you would require in the North Golden Gate Estates Unit 53 area? Mr. Russell: Our target is 100 by 100 feet or 150 by 150 feet. The difference is that every third well site has a control and power source for two other wells. 7 /C /3 October 11, 2004 Mr. Delate: What is the footprint of the actual structure? Mr. Russell: The footprint of the actual structure would be up to 40 feet by 35 feet. That is one with a generator in it. Sometimes that would be bigger than that because we have developed technology to put an additional well which would add another 20 feet. They are generally tucked right next to the road. Mr. Delate: What affect does this have on surface water aquifers? Don Lindemann: In most cases the affect on surface water is limited, there are minimum requirements put in place by the water management district to make sure that you don't have effects on those water bodies. Those bodies actually help us too, because they help recharge an area. C. Coordinator Updates a. Updates on current cycle properties and on B -list properties from the first cycle Ms. Sulecki: The first property would be the School Board / Magnolia Pond Drive. The previous market values we provided were $1,178,000 to $1,336,000. We have updated that estimated market value to a little bit over $2 million. Ms. Goetz: What time frame is that value good for? Ms. Sulecki: That would be within the time frame of our purchase. The other is Section 24 lands, 65 acres and that has gone from a range of $585,000 to $780,000 to an updated estimated market value of a little more than $1 million. Also there is a documented red - cockaded woodpecker cluster just off the property. The school board is still considering development on 20 acres along the canal on the north side. Mr. Leonard: In this whole area there has been a dramatic increase. The last estimates that you had were almost a year old. Real estate in Collier County can be considered as a fast moving market. Generally, when you see these market values they will probably hold about four months and then they will probably have to be re- evaluated. In most areas you are getting appreciation of 6 % -8 %. Mr. Poteet: With Magnolia Pond, are we only updating the price as opposed to discussing that particular property? The reason I ask is because Diane Flagg, from Alternative Transportation is in the audience today and she has a lineal park that is going in that area. Ms. Sulecki: We can certainly do that because we will also be discussing the Abercia property which is involved as well. I would be happy to do this at this juncture. Ms. Flagg indicates a map of the potential greenway corridors throughout Collier County and points out various potential and existing greenways as well as other relevant areas. /6z /42/3 October 11, 2004 Mr. Poteet specifically asks about the Magnolia Pond Parcel. Ms. Flagg indicates the greenway that they have proposed in conjunction width the School Board property that connects to the park. Ms. Sulecki asks about the width of the easement. Ms. Flagg: Parks and Recreation has portions of an easement behind that property along Golden Gate Park. They are seeking an easement along the canal; the width varies but should be approximately 20 feet. They are still working on those agreements. Ms. Sulecki: I believe they do have an easement along the PUD which is the property being offered. Ms. Sulecki continues with the reviews for the first cycle B category properties, listed below. A map is displayed indicating the locations of the properties. A chart (part of the Second Cycle Properties List) is provided that indicates the folio number, location, acreage, assessed value, estimated appraised value and cost per acre. 1. Haaga • Adjacent to the Tiburon Golf Course conservation area • Met 4 out of 6 initial screening criteria. Human social and aesthetics were not met because there is no access; to the west is a gated community with private roads. • It had some listed plant species but no listed wildlife species. • The future regional park is to the north and there are some undeveloped parcels in between. • Previous estimated market value was $161,172. Our current market value is $230,000. Total acquisition costs are estimated to be $260,000. • It is contiguous with conservation lands. Mr. Poteet: Can you review the criteria for vulnerability? Ms. Sulecki: These were scored with the previous scoring criteria and those have been changed. It depended on the zoning. The access came in with Human Values and Aesthetics and the scores were meant to balance each other or cancel each other out. That is why we made some changes to the scoring. Mr. Jenkins: Was the lack of access the reason that this was put on the B list? Ms. Sulecki: Yes and there still is no access. 2. Longner • Met 4 out of 6 initial screening criteria. Human social and aesthetics were not met because there is no access. • Southern portion is wetlands. • Restoration potential is high due to moderate presence of exotics. E 16 -z 1 Cl3 October 11, 2004 • Previous estimated market value was $1,445,755. Our current market value is close to $2 Million. Total acquisition costs are estimated to be a little over $2 million. 3. Wielhouwer /Shader • There are the same issues with human social and aesthetics because there is no access. • Less than 25% exotics. • Previous estimated market value was $864,500. Our current market value is $1.6 million. Total acquisition costs are estimated to be $1,687,000. 4. Harned • In the North Belle Meade sending area. • This met 4 of 6 Initial Screening Criteria. It did not meet connectivity and it is not within another agency boundary. • Habitat is Pine Flatwoods, wetlands on southern side. • Access from an unpaved road. • Previous estimated market value was $51,000. Our current market value is $76,000. Total acquisition costs are estimated to be $101,600. 5. McIntosh — both parcels (4.25 and 2.09 acres) • Two parcels on Northwest corner of Logan and Pine Ridge. • They met 4 of 6 Initial Screening Criteria. Social values and biological values were only met minimally. It's not connected to other conservation lands and not within another agency's boundaries. • Heavily infested with exotics. • Current zoning prohibits a parking area or a boardwalk. • There is significant neighborhood support for this purchase. • The property is currently under contract. The due diligence expires in November. • Previous estimated market value was $480,288. Our current market value is $865,000. Total acquisition costs are estimated to be $950,000. Mr. Poteet: This is the original scoring. Are we going to update them using our new criteria? Ms. Sulecki: I haven't but I can do that if you would like. Actually, as it would require another site visit, I'm not sure I can complete that before ranking. 10 October 11, 2004 V. New Business A. Second Cycle Property Presentations Ms. Sulecki used visual displays, maps and photos to indicate characteristics, locations and additional details of the following parcels throughout this entire agenda item. The Second Cycle Properties List, which indicates the folio number, location, acreage, assessed value, estimated appraised value and cost per acre, was provided which included the properties listed below as well as the B list properties from the first cycle. Important points, as well as committee member and public questions and comments are included below. a. Winchester Head (Michael Ramsey, Board Member, Collier Soil and Water Conservation District to address Committee. • Met 5 out of 6 of the initial screening criteria. • Located in the Golden Gate Estates target protection area east of Immokalee Road and North of County Road 858. • Consists of an entire project area of 141 acres. Total of 114 lots. • Density is 1 unit per 2.25 acres or each smaller parcel created before October 1974. • There is legal and physical access to all of the lots. • Minimally impacted by exotic vegetation. • The core area is wetlands. • Three listed plant species were observed. • Snail Kites and Black Bears have been located on adjoining properties. • Baby Alligators have been seen in the road side ditches. • Frog Watch has documented numerous species of frogs. • Estimated fair market value for the core area is approximately $4 million and for the entire area $8 million. • Big Cypress Basin has indicated that they can offer $70,000 funding assistance to assist with acquiring these properties faster. • Seven properties have changed hands since we started looking at this and two properties applied for permits through DEP that were denied. Mr. Poteet: Why were they denied? Ms. Sulecki: One was denied for insufficient information and the other was denied due to wetlands on site. Michael Ramsey: We are also interested in the purchasing of some properties. We work closely with DEP and the US Army Corps of Engineers. Regarding one of the permits that were denied, the DEP wanted to give the property owner other options to consider with their property. As I understand, the permit was denied due to the effects of cumulative impacts as wrote into the rules. I also understand that additional permits being applied for in that area will also be denied because of the same issue. 11 Z /�j/3 October 11, 2004 We have also been contacted by the US Army Corps of Engineers for similar reasons. In that regard, we are another buyer on the market for wetlands and other properties that are considered to be not 100% developable. We are also interested in properties that will give back to the surrounding community. We are looking at working with any group that is interested in working with us. We acquire the land and manage the land in perpetuity. Mr. Kriz: What is your source of funding? How much do you have? Are you on a willing seller basis? Mr. Ramsey: We have multiple sources for funding and multiple ways to handle issues. We get approached quite often for mitigation issues. We can work with land swaps, grants and almost any kind of concept involved with real estate. Mr. Espinar: Right now when a single family homeowner needs to do mitigation, DEP requires them to donate money to, for example, Rookery Bay. In addition, some of these funds are used for maintenance, so some of the growth in Golden Gate Estates will be paying for the preservation of Winchester Head. I applaud you for coming up with Winchester Head. I have been a big supporter of a ROMA, we desperately need it. I think targeting Winchester Head will have a great effect. We desperately need a ROMA concept in Golden Gate Estates. Mr. Ramsey: The opportunity for that type of partnership does exist. Mr. Delate: Do we still have the offer from Big Cypress Basin for a coordinator of purchasing? Ms. Sulecki: Yes we do. You will be ranking very shortly. Let me explain to you my understanding of what is being proposed here. Instead of buying parcels in Winchester Head, this proposal is that Collier County Soil and Water Conservation District will be the buying agency with financial assistance from us. They would own the parcels with a memorandum of agreement that would satisfy our Conservation Collier requirements and then they would be managing the properties in the long term. You might consider this in terms of long term multi - parcel projects, rising property values. Mr. Ramsey: We are open to all sources, you would be one source. Ms. Sulecki: I want to note that the top parcel outside of the core area is the one that the DEP denied the permit. They then sent the application to us. We did not send letters outside of the core area. Ms. Goetz: What would be the benefit of us doing this, because we are not responsible for management? Ms. Sulecki: Right, we would not be responsible for long term management and we would not be buying and having a long term multi parcel project but we would still be achieving the goals of our group. Ms. Goetz: Why would this be better than us buying it ourselves? 12 142 le-13 October 11, 2004 Ms. Sulecki: I am not saying its better; I'm simply laying out what my understanding of the proposal is because, as you go into ranking, you may want to consider those things. Mr. Delate: Is the area you are looking at just the core area or the entire Head? Mr. Ramsey: The entire Head, it has an ecological value and a community value. Mr. Delate: I think as a committee we recognized early on that, with even the core area, it would be difficult to purchase. That is why we went to the Big Cypress Basin for assistance. I think any kind of partnership here would benefit the community as a whole. Mr. Poteet: I would need more information and I'm not sure that this is the right forum to do it in. In the purchases of the properties, do you have a set procedure like we do? Mr. Ramsey: We do not have a set procedure. We operate under the rules of fair market proceedings. Mr. Poteet: On the properties that you acquire, at a later date if you decide the properties do not meet your criteria, do you dispose of them? Mr. Ramsey: Currently, our policy is to purchase properties to hold in perpetuity. If there is a property that does not meet our criteria we may purchase it to hold as an open parcel. We may hold that until we find the property we are looking for which would be the more wetland type areas. We will include anything that is needed to make sure it is held in a proper format. Mr. Poteet: What would be the disadvantages, from your point of view, if Conservation Collier was to purchase the properties and we held title, but you were still involved as a partner? Mr. Ramsey: Primarily, the disadvantages I see regards permitting and different issues of hydrological management. Secondary, we have been following a typical policy that we are the landowner in perpetuity. Mr. Poteet: You said that you have a variety of financial sources but do you have a basic source of funding that you receive from the state? Mr. Ramsey: We do not have a set process for funding coming in annually. It comes from a variety of sources. Ms. Goetz: I don't see the advantages of this program presently. I am happy to look at some written proposal with more facts. Mr. Kriz: The advantage that I see is that they would be responsible for management. Mr. Ramsey: The advantage that I see is that Conservation Collier has a finite lifespan whereas Collier Soil and Water Conservation District will exist in perpetuity. 13 //0-Z )e I3 October 11, 2004 Ms. Goetz: That is not actually true. This committee will not exist but the program will always exist. So the maintenance and perpetuity will continue with this program. The properties themselves will always be owned and maintained in perpetuity. Mr. Delate: Do you propose to have your group be a coordinator and you will ask for funds from Conservation Collier? Mr. Ramsey: We are proceeding on with this. We are doing this currently. Mr. Poteet: That is good and it's bad. If we are looking at purchasing property out there, we now have a competing interest. Their purchase policies differ greatly from ours. It also allows the sellers to do negotiating. Ms. Goetz: The problem I see is that the public funds should not be used in a speculative way. Ms. Prosser: Are you saying that the Collier Soil and Water Conservation District has targeted Winchester Head as an area that you believe needs to be acquired for the public? Mr. Ramsey: Yes, it's not just us; it's the state agencies that oversee the permitting of state and federal wetlands. DEP is not issuing permits out there if it meets certain criteria, therefore it sits idle; we are providing an option. Ms. Prosser: Which is to buy their land from them and hold it in conservation. If you are targeting Winchester Head for conservation purposes, it may be redundant for us to do the same thing. Mr. Poteet: Is it possible to get copies of these recommendations or purchase policies for Winchester Head? Mr. Ramsey: When the DEP denies a permit, they take a property out of the developable market. They tried to come up with an option and they have turned to us. Mr. Jenkins: Have any of these agencies purchased properties in Winchester Head? Mr. Ramsey: DEP cannot purchase properties in Winchester Head; that would be a direct conflict of interest for a permitting agency. Ms. Prosser asks for a time to be set at the next meeting to address these questions. Mr. Jenkins: If the DEP is going to deem the property as not developable and we're interested in preserving something, it sounds to me like it is already preserved. Mr. Ramsey: That is a very good point. There are three levels of protection on properties. We provide an option to the people who have no other options. 14 /6a /c /3 October 11, 2004 Mr. Espinar: I find it hard to believe that two applications have been denied. I take Alex at her word, but I question why they have been denied. If an individual wanted to put a house out there and they are willing to pay a sufficient amount of mitigation, they can and I don't see why they would not be able to do it. To think that there is a level of protection out there is a false pretense. If you are building on a wetland lot, mitigation is required. It is not the agencies' obligation to find mitigation for you. They have found Rookery Bay, but once that is exhausted, they could shut down Golden Gate Estates basically by saying you need to propose a mitigation program to us. We have Panther Island Mitigation, but they are only interested in major projects. We need an opportunity for moneys to go directly and stay in Golden Gate Estates. The advantage here is that we will be purchasing a large Head of wetlands and individuals will be contributing moneys for further acquisition and maintenance of these parcels. It may take a small seed money to get it started. Once we get that ball rolling it will go on its own. Ms. Sulecki: You do not have to make a decision today. This is just an option that is out there. Theoretically, if you go ahead and purchase some parcels in Winchester Head. Our ordinance allows us to resell to another conservation agency that meets our criteria. Mr. Ramsey: It is not my intention to compete with you. I want to be a partner in conservation. We are just trying to pick up properties and give back to the community. I like your questions and I like what you are saying. This is not an easy discussion. Mr. Jenkins: Under your agency, if you were to acquire Winchester Head, do you enhance the property or just hold on to the land? Mr. Ramsey: We have multiple ideas and policies. We want to give back to the community in any way we can: recreation, aesthetics, and hydrology. We will push it to the max. It sounds like we are going to continue. Ms. Prosser: I would ask the committee to consider this but we have been presented with a new concept and a new entity today that none of us fully understand, despite Mr. Ramsey's great attempts to help us do so. I would like to have a better understanding of what is written about the Collier County Soil and Water Conservation District, their mission, the criteria for their decision making, list and use of properties. Ms. Goetz: I would also like to better understand how their acquisition policy differs from ours. Can it be changed to mirror our policy? Brad Cornell: I would like to hear how this proposal fits in with Conservation Collier's ordinance? Also, are we trying to buy land in someone else's acquisition area? It would be helpful if they developed a written proposal that addresses all of these questions specifically. Nicole Ryan: I had prepared to make the brief comment that Winchester Head is very important. The Storm Water Department is also a very relevant party. This idea of partnering with the Soil and Water Conservation District, I think you should look at if you would like this to be some type of mitigation banking. I would like to know exactly what they would want from Conservation Collier. 15 f/c, Z le- 13 October 11, 2004 b. Pare • This property met 5 out 6 of the initial screening criteria. It was not within another agency's acquisition territory. • No easements on property • 60% melaleuca infested • Opportunities for aquifer recharge are moderate (designation of "low" in report was an error) • Panther and Black Bear points are nearby to the east. Deer tracks and numerous bird species, though no listed species observed. • Species richness score is 9 out of 10 • The assessed value is now $45,000 • There is the potential for animal denning habitat in the center c. Collier Development Corporation • This property met 5 out 6 of the initial screening criteria. It was not within another agency's acquisition territory. • These properties are subject to a legal agreement between Hamilton harbor and the Conservancy of Southwest Florida that's dated February 10, 2003. Essentially these parcels must be offered to Conservation Collier within two years of the agreement and if not purchased most of them go back into conservation status, this is the mangrove areas. • This parcel is adjacent to an area where the City of Naples plans on developing a park. • The bottom (indicated on map) property is all mangroves. • Only a 1 -acre mangrove portion of the 7.51 -acre property is offered for sale. • There are additional opportunities for access and education by adjoining the properties to other parcels to the north. • A tri- colored heron was observed. • This group of parcels offers an opportunity to buffer the Gordon River from surrounding development. • The estimated market value is between $72,000 and $144,000 for all the parcels in total. Ms. Goetz: My recollection is that all along the Gordon River it is walk -able. To the east are mangroves. The remainder of the 7.51 -acre parcel is not being offered? Ms. Sulecki: Subject to the agreement, that is all they are being required to offer to us. Ms. Goetz: On this kind of a multi - parcel property, would parcel B rank higher if it were ranked independently? Ms. Sulecki: It may, it has a higher vulnerability. Ms. Goetz: My question is in regards to parcel C (7.51 -acre parcel), was there ever any conversation to offer the rest of the parcel? 16 //,I z /C / 3 October 11, 2004 Pat Utter, Collier Enterprises: Not at this point, we are under obligation to offer the mangrove portion. At this point the company does not have plans to offer it. I think it was requested, it was in the same folio. We haven't submitted it at this point. Nicole Ryan: I would like to point out that 75% of the mangrove fringe along the Gordon River is already lost. We want conservation for the Gordon River system but we also want recreational opportunities. If there would be any opportunities for boardwalks or linkage from Golden Gate down to 41 there could be issues for Collier County. We always prefer public ownership because it locks it up in perpetuity. We always intended this for Conservation Collier, the easement was an alternate plan. Pat Carrol, Southwest Florida Land Preservation Trust: I came to present our exhibit on the Gordon River Greenway. We have recently refocused to put our energies into the creation of the Gordon River Greenway. We actually have constructed part of a greenway in conjunction with the Naples Airport. (Indicating greenway and features on map) As part of this original project we have permission to construct a boardwalk and observation platform on the river. (Ms. Carrol continues to indicate proposed greenway features on the map.) We are planning to construct a footbridge across the river and already have funding for that project. Councilman John Sorey is working with the city to get a preliminary feasibility study, funded by the city, in this budget cycle. Ms. Flagg: Some of the things that Ms. Carrol referred to were the Gordon River Corridor to provide a greenway for walking, rollerblading, strollers and other forms of alternate transportation. We are doing both purchasing and easements in our greenway projects. With easements we cannot obtain grant funding. If we do an easement we have to use tax dollars or some other funding source to improve that property. Ms. Goetz: Is there a way that we could look at these parcels individually in our ranking meeting? Ms. Sulecki: I would have to use the existing information from the previous site visit and that would possible. Ms. Prosser: Has the owner offered these as four separate parcels? Mr. Utter confirms that the parcels can be offered separately. Ms. Goetz: I think that the one acre of mangrove parcel would be more valuable with the adjacent upland property. Ms. Sulecki: It has already been nominated but only the one acre portion was offered. Ms. Prosser: Did Collier Enterprises look at that parcel in total and decide to only offer one acre or have you only positively decided on one acre and are still thinking of the rest of it. Mr. Utter: We would always consider submitting the remainder of the parcel. We were really focusing on what our obligations are and submitting those and then we will see how the process goes and reevaluate our other properties then. 17 14Z AC /3 October 11, 2004 d. Watkins /Jones • This property met 5 out 6 of the initial screening criteria. It was not within another agency's acquisition territory. • It is in the urban target protection area. • This is about 40% wetland and 60% wetland. • Two listed plant species and one listed bird species, wood stork, was observed in September 2003. • There is a Bald Eagle nest on the Northwestern side of the property. This nest has been in existence for at least 20 years. This limits the amount of enhancement that can be done. Mr. Poteet: Regarding human values, it scored high, but there is a bald eagle's nest that will prevent us from installing a boardwalk. Are we going to be able to put trails in there? Ms. Sulecki: We can't construct anything within 750 feet of the primary zone and, east to west, from the nest is about 600 feet. The only place you can construct anything is in the southeastern corner. Mr. Poteet: Shouldn't that bring the score down then? Ms. Sulecki: No, because it is still accessible by trail, you just cannot construct anything. Ms. Goetz: I would just like to disclose for the record that members of my family are part owners of this property. Mr. Jenkins: Is there any possibility of consulting the US Fish and Wildlife Service regarding a possible variance or acceptance for construction of a trail? Ms. Sulecki: We would have to have a bald eagle management plan; they would review this and recommend approval. Nicole Ryan: I would like to address the eagle issue. I think this is a wonderful opportunity to have a trail outside of the zone. I don't think we should get any exemptions to get closer to the eagle's nest. This would be great opportunity for people to view the eagle. Then, once the eagle's nest is abandoned, there will be opportunity to extend into the property with boardwalks and trails. e. Abercia • The owner is willing to remove the storm water ponds at the time of sale. • This property met 4 out 6 of the initial screening criteria. It was not within another agency's acquisition territory and it does not present a corridor buffer link to other conservation lands. Though there is potential for that. • It is in the urban target protection area. • Parks and Recreation has an easement along the canal. 1602 lC 93 October 11, 2004 • Pine Flatwoods and Upland Scrub are present but disturbed by hydrological changes that cannot be reversed and exotic infestation that can be reversed. • One listed plant species and one listed wildlife species, gopher tortoise, was observed. • The estimated market value, after separating the ponds, is $1,447,380. • This fits in with the School Board property, presented earlier today, to make an approximate 31 acre unit. q• There will be a greenway and they are waiting on transportation to determine where they are putting a bridge. (Mr. Poteet interjected that the bridge will likely be at Tropicana.) Mr. Delate: On the PUD, does it show what the area up in the northeast corner is? Was there a native vegetation retention requirement? Ms. Sulecki: This whole PUD was part of one PUD. A native retention vegetation requirement was not developed. Both of the lakes are part of the storm water system for Noah's Landing. There was an easement given to Noah's Landing; I don't know why, it should have been sold. The owner will separate them if we decide to purchase them. Mr. Delate: It seems odd that piece was left out, it may be a required vegetative preservation area. Ms. Sulecki: No, it's not part of the property. Mr. Espinar: How did the lakes go in there? Ms. Sulecki: There was an easement; Mr. Abercia granted an easement. Mr. Delate: Noah's Landing is a separate PUD? Ms. Sulecki: It is a separate SDP. It was a separately owned piece of land inside that PUD. Mr. Delate: But maybe that PUD required that portion to be set aside for native vegetation retention. Ms. Sulecki: It couldn't because it is not owned by the same owners. Mr. Delate: You could have a PUD with separate ownership inside that PUD. One PUD could have separate owners. Ms. Sulecki: I have Michael Kirk here from the School Board and they had originally owned the top part of that parcel, perhaps he could shed some light on this. Mr. Kirk: Mr. Abercia owned all of the property. They formed a tri-party agreement and in this agreement he sold a portion to the Noah's Landing developers. However, we were in discussion with him, he sold them this weird configuration because they are a corporation that does affordable housing and they had already done this somewhere else. When they were going through the process of getting the permits, they discovered they needed more property for drainage. He was unwilling to 19 /6Z /C /3 October 11, 2004 sell it to them so he granted them an easement. There are some native vegetation requirements that are included in the larger piece that apply to the entire portion of the property. Ms. Sulecki: So you are saying that included in the Abercia property and the property that you offered there are some native vegetation requirements that are attached to Noah's Landing? Mr. Kirk: No, that is attached to the entire piece. There is a total amount of native preservation that is required. As development continues they have to contribute a certain portion of acreage towards that native vegetation requirement. Ms. Sulecki: So, Noah's Landing developed without putting in their native vegetation requirement. Mr. Kirk: Yes, he had to go back and sell them a couple of more acres so they could meet that requirement. They currently meet that requirement and that property is contiguous with their project. It is not what is being offered here today. Mr. Poteet: When they realign the Golden Gate High School entrance will it touch this property? Mr. Kirk: I think it will be along the eastern portion of this property. Ms. Sulecki: The easement is not on the property being offered, it is just adjacent to it. Mr. Espinar: My suggestion is to start with the original PUD and make sure that we are not trying to acquire something that is already identified for preservation. At minimal these ponds should be deducted out of there. Ms. Sulecki: Yes, it was agreed to remove the ponds. We may want to buy the preserve area for access but I will look at the issue. L Blake — 9.54 acres • This property met 5 out 6 of the initial screening criteria. It was not within another agency's acquisition territory. Connectivity and biological were marginal. • It is in a designated neutral zone. • Current zoning permits conservation wildlife refuge use. • Trash dumping appears to be a problem. • Vegetative community is Pine Flatwoods. • The southwest corner is an old farm field. g. Blake — 4.77 acres • This property met 4 out 6 of the initial screening criteria. It has very little native plant community. It was not within another agency's acquisition territory. • The property is almost adjacent to the Corkscrew area. • It is in a neutral area. • This area was farmed prior to 1974. • Current zoning would permit wildlife conservation and refuge uses. • Access is limited. 20 /4, -7- /C /3 October 11, 2004 • The melaleuca was thick and had a dense under story of Brazilian Pepper. • Restoration of this area could provide a wetland or transitional habitat and could provide a buffer to adjacent conservation lands. • The estimated market value is $42,000. h. Manis Partnership • This parcel is adjacent to the America's Business Park properties. • This parcel met 5 out of 6 of the initial screening criteria, one only marginally, the biological one. This is not within another agency's acquisition boundary. • It is in the urban target protection area. • There are no easements or overlays. • There is no physical or legal access. • Currently, conservation with access is not a permitted use, but we are looking at that. • The area lies on the edge of upland and wetland soil areas. • The estimated market value of this property is $140,000. • You should probably not consider this as a stand alone parcel but as an addition to America's Business Park. Ms. Prosser congratulates Ms. Sulecki on an excellent job. B. Set Second Cycle Ranking Meeting Ms. Prosser: Do you have a recommendation as to when we should schedule this meeting? Ms. Sulecki: Either November or December, it would be nice to get to the board with an active acquisition list in January. Considering the requests for additional information today, it may be a good idea to set it for December. Ms. Prosser: Any objections to setting the meeting in December? Ms. Goetz confirms that would be the regular meeting for December. C. DRAFT Otter Mound Preserve Interim Management Plan D. DRAFT America's Business Park Interim Management Plan Ms. Sulecki: I have provided executive summaries. We are within the time frame of the ordinance. We are bringing it to you for your recommendation; we then will bring it to the Board of County Commissioners. We have some fiscal impacts for land management activities there. The subcommittee moved this forward on September 7th. Shortly after that a committee member made some changes basically to the purpose and scope sections; we did make those changes, they were basically a formatting change. Ms. Prosser: Do both of these management plans come from recommendations from the subcommittee? 21 Ms. Sulecki: They do. On the second one recommended by one of the committee members. 14 z /e /3 October 11, 2004 as well, some minor formatting changes were Mr. Kriz: Is the plan you provided different from the one we received in the mail? Ms. Sulecki: It is because we went to subcommittee with it. Mr. Kriz: It looks good. Ms. Goetz makes a motion to recommend approval of the Interim Management Plan for America's Business Park. Mr. Kriz seconds. Motion carries 7 -0. Mr. Kriz makes a motion to recommend approval of the Interim Management Plan for America's Business Park. Mr. Delate seconds. Motion carries 7 -0. Ms. Sulecki: We went to Otter Mound to make a plant list and brought our bird expert with us and found about thirty species of tropical migratory birds. He though it could be a significant birding destination. Then on the America's Business Park, 40 bird species were observed. We will come to you shortly about renaming because we do not want to call it the "America's Business Park Preserve." E. Miscellaneous Ms. Sulecki: I have been talking about zoning, particularly with some industrial zoned parcels you cannot have conservation public access uses there at this point in time. We are meeting with staff to get the appropriate land development code and comprehensive plan changes going so that we can indeed open our parcels up for public use. America's Business Park is our most difficult one, but since we don't have access I think we have time with this one. There is also a workshop coming up on Sunshine Laws, Public Records and Exparte Communications for boards such as yours. I strongly suggest you plan to attend one of these sessions. The specifics of the dates and times have been provided. VI. Subcommittee meeting reports A. Budget -None B. Outreach - None C. Land Evaluation — Addressed in a previous item D. Ordinance Policy - None VII. Committee Member Comments 22 /(Z IC /3 October 11, 2004 VIII. Public Comments IX. Staff Comments Ms. Sulecki: We had a request from the University of Georgia to do some research on our properties. The research relates to an exotic tick study. They want to go through and collect small animals, remove the ticks from them and study the ticks. This request was approved at the subcommittee level. If there are no problems on this level I will contact that person and tell them that we can do that. Ms. Prosser: Those of us here do not have a problem with that. X. Adjournment Mr. Kriz moves to adjourn. Mr. Espinar seconds. Motion carries 5 -0 The next CCLAAC meeting will be November 8th at 9:00 AM. There being no further business for the good of the County of Collier, the meeting was adjourned by the order of the Chair at 1:20 PM. Conservation Collier Land Acquisition Advisory Committee Chairperson (Kathy Prosser) 23 ISLES OF CAPRI FIR E / RESCUE Fiala ADVISORY BOARD AGENDA Halas CHIEF'S REPORT Henning December 8, 2003 Coyle r-oletta _.._ ------ -° A. FIRE DEPARTMENT MERGER B. OPERATION'S REPORT C. VOLUNTEER REPORT D. TRAINING REPORT E. BUDGET REPORT OLD BUSINESS Local Events 12/17/03 Fire Hall Get - Together NEW BUSINESS Advisory Board Vacancy /t-. lin ty �7-7- 1(��ly ISLES OF CAPRI FIRE / RESCUE ADVISORY BOARD AGENDA CHIEF'S REPORT December 8, 2003 Meeting Location: Isles of Capri Fire Control and Rescue District, Station 90. Meeting Time: 6:32 PM Attendees: Chief Rodriquez (ICFD), Jack Cavanaugh, Biff Pearson, Jim Lewis Meeting began at 6:32 PM with Chief Rodriquez welcoming everyone. Board Members were invited in an open discussion regarding the possible future merger of Isles of Capri, Ochopee, East Naples Fire Control Districts. The three districts have had are talking along with the county. We have had two formal meetings with staff members of Isles of Capri, Ochopee, and East Naples Fire Departments along with Dan Summers, Director, Emergency Management. A Memorandum was passed out to members present. This Memo is written by Mr. Summers, summarizing issues to be followed as the possible merger and feasibility study proceeded. This memo had previously been sent to the Assistant County Manager, Chief Rodriquez and Ochopee for review. What is happening now, about a month ago, East Naples, Isles of Capri, Ochopee and Collier County went in front of The Collier County Board of Commissioners seeking direction on a feasibility study of not only a merger but with a possibility of us looking at us going independent. Chief Rodriquez feels the Board of County Commissioner's future vision is to have all of Collier County's Fire Departments merge into one department. The three departments approached the board and asked permission to do a feasibility study and look at the possibility to see if this will work. Two meetings have been conducted since the board was approached. The following topics were discussed: Possible strategies - merger, independent or dependant on County 2. Goals — increase present services and resources 3. How to present these issues to the residents 4. Answers for ourselves as far as what we are looking to do: Increase the present services, resources and etc., with this merger if we could do so or stay the same, what are the consequences of us staying as we are with the possible growth of Collier County. A new hospital on 951, increased development and all fire districts should prepare for this grown. With these meetings, just to talk about just about what we are to do and how to do. I suggested that if we do move forward with a possible merger, that we do have some sort of contract with a year or two year contract and the residents can see that there is no increase in services or resources and not getting what they wanted, we could pull out and become Isles of Capri again. Speaker: Attended meeting with myself and chief of East Naples Fire Department, certain issues where put forth that if were we to merge, service to this community would improve. We would /�, 2 !C!41 have more available personnel, including a lieutenant. Chief Rodriquez would be in charge of special operations, which also mean marine aspect. Our personnel who work for this department would continue in service although they would be moved around to the various East Naples Fire Departments to provide the best service to all. Better service to Isles of Capri. The new developments, south of 41 probably be a new station in there. North of 951 has tremendous development, which is part of East Naples. Speaker: If we would emerge, funding as well would increase, basically, we have growth in this area, and part of our funding would go towards East Naples. Chief Rodriquez: If East Ochopee and Isle of Capri merge, we would have one budget. All the money would go into one pot. Speaker: We have a problem with this issue. Chief Rodriquez: Problems encountered are how to lower millage rate while assuming and increasing existing levels of service. All of the money would go into one pot and then distributed according to the entire district Speaker: In your opinion, why was this better than going out on our own? Chief Rodriquez: I wouldn't say that this was better I think we need to look at both options. By going out on our own we would have full control of the district; meaning, we would have elected commissioners who would have the responsibility of how the department is run. I believe their pay is minimal. Speaker: What are Chief Rodriquez's two best reasons for being independent and two best reasons for not being independent: Chief Rodriquez: Two best reasons would include the full control of district and what happens in department we would have access to hires, fires, and how money is spent. We will not have to go through the red tape and find out where the money has gone. Speaker: Are the other fire department's budget available for review? Chief Rodriquez: Yes, but we are not at that point yet. The downside to being independent includes: Retaining attorneys, hiring more personnel i.e. secretary, accountant. We currently pay for these services under "Other Contractual Budget" which totals about $30,000, and includes utilizing the county's attorneys when needed. Speaker: Could we keep the level of service going independent, with an increase in budget? Chief Rodriquez: I believe so because at looking at the Main Sail Drive area, we will triple our budget here. We should be able to sustain ourselves. Speaker: Who would build the new Fire House or substation? 2 /6z `c /// Chief Rodriquez: If we were to go independent, my goal is to open up a second station on Main Sail Drive, with funding from impact fees. Myself and Alan have previously met with WCI and airport regarding same. Speaker: Why be involved with the infrastructure of other stations? Chief Rodriquez: If we were to merge right now, the advantage is an increase of 3 people on duty every day. Currently there are only 2 on duty plus myself and Al 8am — 5pm. So we basically have 4 people on duty every day. Speaker: I guess if I am hearing you right with the perfect scenario is to merge for a year and break off? Chief Rodriquez: No, no. If we merge because it is such hard work, to get into that, I don't want to keys over to anybody to this department because I think I have put enough sweat in this department since 1989 and this department means more to me than just a fire department. So it is hard for me and as I have explained to them, that this is not going to happen over night. I am open to hear what they have to say and what they have to offer but we are not going to turn the keys over and say, "Here you go, take Isles of Capri." Speaker: Who wanted this merge? Chief Rodriquez: From my understanding, this started from CC Commissioners. From the CC Commissioners to the County Manager and then East Naples approached me to ask permission to merge. This is coming from the top. Speaker: I don't think it is a bad idea for this to filter down to local areas for the fire departments and look at this as an opportunity versus a problem. Chief Rodriquez: This is an opportunity to explore. I suggested setting up a subcommittee from this Board with members of the community involved and having these meeting and see what the feel is from the people out there: Civic Association Board to the citizens. We could form a board and tell how many members wanted. Ochopee is forming one. Speaker: A small committee should be formed and then bring back to populace. On the other hand, I would like to be on this sub - committee. Speakers: I am concerned about the expanded part of our district: Fiddler's Creek and Main Sail Drive area and etc. That is where the building is going on. Chief Schank explained there is a limit. Isle of Capri is in a rebuilt stage here. You are going to have 2,000 homes in Devosta. Subsidization, I think you'll look at more money going out of here then getting back. We should do what we do, and do it well and don't just expand, we know the area, take care of the area and we do well. Let's not get involved in anything else. Chief Rodriquez: I am interested in what this Advisory Board has to say, as this is easy to squash. We need a letter from the Board stating concerns. This merge is already in motion with 3 /Z a /C/Z/ no time limit set at this time. This Board needs to decide if we should have meetings as a Board or to include the community. Speaker: If you write a letter, that isn't the end of it right? Chief Rodriquez: Most likely, the way the county has worked in the past is that they listen to Isle of Capri Advisory Board. In the past, they have made their stand up there and that is what this board is for. If this board was to write a letter tomorrow stating "we don't want any part of it, we are happy with the level of service we have right now, maybe in the foreseen future we might reconsider it again, look at it again. But right now..." Speaker: What other services does Isle of Capri get right now? We are the poor stepchild of Collier County right now, one of several. But perhaps, we should at least hear the other two districts out. We know what we want to do. But then from the County's aspect, we have listened to everything; we followed through, now we decided to go on our own. Instead of just writing out "we will stay on our own." Speaker: Looks like we are faced with making some kind of a move. Chief Rodriquez: This is already in motion. Speaker: Without regard to a time table, the county is going to some point make us go either independent or join in with East Naples and Ochopee. There have been 2 meetings of the 3 groups without the Advisory Board. Chief Rodriquez: That is what we are going back to the Advisory Board to say we either form a subcommittee or we keep the advisory board as is as the primary committee at whole or if we want to include the residents. That is up to you all. If you want to stay as the Board and just have the meetings as the board, then we can do that. Speakers: I think it is our responsibility as a Volunteer Advisory Board to this group to come up with a unified policy to bring before the population that this is what the board believes we ought to do. We have a lot of fact finding to do. Speaker: One thing we did not talk about and would like to talk about the possibilities is to limit our size to exclude Main Sail Drive. Discussion regarding the various subdivisions, level of service, equipment purchased. Speaker: Is it your feeling that if we go as Independent that the level of service provided would be maintained or improved? Chief Rodriquez: I think it would maintain for two years before improvement is seen. We would not lose anything yet we would not increase yet. As soon as the towers are built, we will see an increase. I do not see an increase in purchases for 3 -4 more years. 0 1116 2 /C lZ/ Speaker: Need recommendations from the Board. Let us invite Chief Schank to make a presentation to our board, to include someone from Ochopee, and have a definitive session about thoughts regarding total merger then separately review what they have said against the concept of going independent. We should then get our facts together to present to the populace. This is what we have investigated and why we have come to our conclusions. Speakers: Let us invite Chief Schank to make a presentation to our Board as a whole. To include someone from Ochopee who is also capable of speaking for that group. And have a definitive fact finding sessions of what their thoughts are on the total merger. Then separately review what they have told us against the concept of going Independent and get our facts together so that we can present them to our populace. This is what we have investigated, this is the conclusion we have come to, this is why we have come to this conclusion and we'd like your input. Speakers: So we will send a letter to Chiefs Schank and Wilson. Basically, it is fact finding to us as a courtesy. Chief Rodriquez: I think we should ask Chief Wilson to have his Chairman of his board present. Speaker: His entire board if he wishes. Chief Rodriquez: Right, we could do that, we could open it up them but at least have the chairman, along with Dan Summers, who is our contact with the county. Speaker: In the meantime, that is that end of it. The other end of it is of course, is our true goal of Independence, we need to do some fact finding in that area as well on our own. Chief Rodriquez: I think we need to advise Dan Summers as we could utilize the county for this also. Not only on our own to do this but advise the county that OK, we are not just going to look at the merger but would like to look at the possibilities of what is it going to take for us to go Independent? Discussion regarding the various fire districts interests in merger. Speaker: Both Chiefs must determine how the community of Isle Capri would gain with possible merger. Speaker: Can you set something up and call a meeting? Chief Rodriquez: Yes, I will. We would probably do this in January, after the holidays. Give them enough time to get with their board members. Speakers: At what point do we set up a subcommittee? We have decided we are the committee. /�Z 1C1'� Chief Rodriquez: What I will do is inform you all of the meeting we have and maybe not all of you but one of you attend the meetings I believe we have the meetings every other Monday right now but will die down because of the Holidays. Speaker: What meeting is this? Chief Rodriquez: With the staff. Where we are talking about all this, why is it we want to merge? Speaker: As much as we can, I think we should all be there. Because these are the questions, this is the purpose of the whole thing. What is the bottom line? Speakers: Again, you know all the people involved. Would it be a problem for all of us to attend? Chief Rodriquez: I don't believe so but I will ask Dan tomorrow. Speaker: Then advise us accordingly, where, when. Chief Rodriquez: At the next meeting, I will make sure each of you is informed. Speaker: And if we cannot be there, can we get a copy of the tapes so we can hear it? Chief Rodriquez: Yes, because we are taping the meetings. We are getting the minutes actually so I can get you a copy of the minutes. What is going to happen is that if we decided as we go through this and we strongly feel we do not want to merge, we are going to have to go up in front of the commission to stop this. We will have to go in front of the Commissioners or send a letter from the Advisory Board. Speaker: All 5 commissioners are agreeing on this merge. Once we know what we are doing... Advisory Board must decide future direction of ICFD and advise County Commissioners of same. Discussion regarding permanence of merger and escape clause. Speaker: Say we did this merger, who would be the governing authority? Chief Rodriquez: Chief Schank. He would have control over Capri, Ochopee and East Naples. The elected Board Members they have now would have the say so until it came time for reelection. And then someone here could run. Speaker: So at least for perhaps at year, we have no representation. Chief Rodriquez: Not that I am aware of. Speaker: If there is a merger in the long run, there must be representation of personnel. Speaker: Right, I agree. That is not even a negotiation point. Lets hear what Chief Schank has to say. on /6 z !G!1� Chief Rodriquez: I cannot speak for East Naples; I can only speak for our department. Everything that we have talked about in our meetings, they have good intentions, the meetings I've had with East Naples have been constructive but it just isn't going to happen over night. There are a lot of unanswered questions. Speaker: Wouldn't you say though, that when we are talking right here that we are looking out for our selves than East Naples? Well East Naples is doing the same thing. Chief Rodriquez: Exactly, Right. I said don't take anything personal, put I need to look out for number one, which is myself, the people here, the people who work for me. If we have to take the baby steps, we will take the baby steps but everything will be answered, every stone will be flipped over, it just isn't going to happen over night. They want it to happen in the next few months. Discussion regarding the three Options: 1. Presentation from East Naples Fire Department, with personnel from Ochopee, presenting their reasons for merger 2. Presentation from County with what is involved with ICFD going Independent 3. Meeting with County discussing ICFD staying as a dependant of County Advisory Board to determine direction of ICFD before presenting options to the populace. Chief Rodriquez to report back with future meeting dates and times Operations Report 1. Chief Rodriquez stated that their big boat of 10 years has been out of service for two months and is in communication with Parker to have boat repaired for free or at minimal cost. Parker to report findings on Thursday. 2. Collier County Sheriff Office has approved ICFD to take over the 26 foot World Cat. The World Cat would require the repair of engine only. 3. All trucks up in service. 4. Discussed the redesigning of canal adjacent to ICFD. Volunteer Report 1. Steady on the volunteers 2. Requires a 160 hour class to get state certified 3. ICDF have three in -house instructors Training Report 1. Attended a three day training on Marco at Airport 2. Ongoing training with East Naples and Marco Island 3. Maintain Mutual Aid Agreements with both departments 16z /�2 Budget Report 1. Strong and going as planned 2. Next year budget will be easier. Old Business 1. Haunted House was successful - best we have ever had 2. Looking forward to Santa Clause Parade 3. Wednesday, December 17, at 6:00 PM, you are all invited for a get together. All employees, volunteers and Board Members are encouraged to come and meet and greet everyone. 4. Floors have been waxes 5. New flooring and carpeting have been finished New Business I. Position open for a Board Member Meeting adjourned at 7:32 PM. Minutes prepared by Lillian Tomasko. E 16 Z /c /'y Fiala 5 OF CAPRI FIRE CONTROL DISTRICT Halas Henning ADVISORY BOARD MEETING Coyle V o January 5, 2004 Coletta _ Attending: Biff Pearson, Isles of Capri Fire District Adv. Board Tara LaGrand, Isles of Capri Fire District Adv. Board Jack Cavanaugh, Isles of Capri Fire District Adv. Board Chief Rod Rodriguez, Isles of Capri Fire District Jim Lewis, Chairman, Isles of Capri Fire District Adv. Board Alan McLaughlin, Isles of Capri Fire District Doug Dyer, East Naples Fire District Leo Davis, East Naples Fire District Chief Bob Schank, East Naples Fire District Tom Cannon, East Naples Fire District Greg Spears, East Naples Fire District Chief Paul Wilson, Ochopee Fire District David Loving, Ochopee Fire District Bill Packard, IAFF Local 2396 Dan Summers, Director Collier County Emergency Management Chief Rodriguez requested that the Chief's, the Operations, the Volunteer and the Training Reports be waived for this meeting and to go directly to the merger portion of the meeting. There were no objections to this and the reports were waived. JIM LEWIS Ask the representatives from the County to give a reason why this Board should be considering a change. Believes that the existing department has been serving its citizens extremely well. Is there a reason to make a change in our structure? DAN SUMMERS This request for change or discussion of making a change, does - unclear - ENFD did come forward and discussed with the County the possibility of a entertaining a merger - unclear- It was not staff that initiated the merger discussions. It came as an idea for discussion from the ENFD. ENFD asked the County what might be the appropriate protocol to start such discussions. - unclear- that that was a starting point to - unclear- Question: It has nothing to do with Emergency Management or EMS? DAN SUMMERS Not to my knowledge. Mr. Summers stated that it was his believe that one of the reasons the County hired him as Emergency Management Director was because-of' hi s ire service experience. CHIEF RODRIGUEZ Before Chief Schank went to the County Board, he notified me zpc-14 Chief Wilson. We (myself & Chief Wilson) discussed briefly about how we felt about J into a merger and what steps we would have to take. The only way that ewe could proceed with anything, as County employees, would be to ask permission from the ounty. Chief Schank, Y /(,-7- tC /// Chief Wilson and I went to the County Commissioners and asked them for permission to look into the feasibility of a merger. CHIEF SCHANK ?? Chief Rodriguez and I, over the last few years, concerning merger with Isles of Capri. A bit of history: there was motivation back in 1995. It was proved to be true this past month. The motivation was there, we just couldn't see it. There was concern back in 1995 from our department that EMS trying to take over the fire service. It was my believe then and — unclear- to be a true factor that they were using Isles of Capri Fire, as well as Ochopee, as their base or starting point. We, in turn, tried to fight that off. This past month through the testimony of former Director Diane Flagg, that truth came out. There was a motivation to use the Isles of Capri. When I talked to Rod, and it was really just chit -chat that started it, - unclear- this whole thing is about — unclear. We are looking geographically. Your Department abuts ours. Our millage is the same. In a few cases, we have to cross your district to get into out district. We look at our training, we train now. We would like to have better training and better utilization. What can ENFD gain from this merger? We can gain — As East Naples grows, and this is County wide, there are fears and concerns of adding stations. Adding stations is a big concern of mine. The concern for you is annexation by Marco Island. When a city annexes, they don't take the undesirable areas they take the heavy taxed. That concerns us because we have a part of Main Sail Drive and Fiddler's Creek. As Fire Chief, it is my duty to try to head off some of that. In talking with Rod, he has more concern. One area — concern with annexation. Second concern — as we both grow, we can cut out the political crap of worrying about the Isles of Capri being taken ? ?? by East Naples. They can put aside "What East Naples may try to take from Isles of Capri". That's not what this should be all about. I'll get those two negatives out of the way. The concerns that we can put to bed real quick by working closer together and — unclear- This isn't a movement by East Naples to take over anyone. This is a movement by both departments, actually three departments, to try to combine our services together and, hopefully, give better service. East Naples will gain from this. One area is our marine. I have a dive rescue team. Your program could expand by controlling the waterways from the City of Naples to the 10,000 islands. Expanding the marine program and, not only help Isles of Capri, but also the East Naples Dive/Rescue. We would extend all the way to the Alley where we would have a dive /rescue team in place. We can both grow in that area. East Naples could benefit from having a guaranteed three man engine company on Isles of Capri. How does that help East Naples? When we have a fire on our part of Main Sail Drive, we know we have three fire fighters moving on it right now plus our other stations to assist. Manpower wise, it helps us in our district. From the political standpoint, it will help capitalize new growth. You have Main Sail Drive and — unclear- towers. How can we put our resources together to provide better service? Blank Spot in Tape We want everybody involved, as many people as possible. — unclear- make a better fire service for both parties. We are very much aware of is to keep the — unclear- on the island. That's very important to you and is important to us. The interim plans — unclear- We are concerned about keeping — unclear- One of the things I wanted to have this time is Chief Rodriguez' blessing and I think I got that. — unclear - Let's go as a unit and not show one department overpowering the other. — unclear- Very reasonable, try to remove any hostage takeover, because that is not the issue. The issue is that we have two districts that are very close, we have an awful lot to offer Capri - unclear- Any other questions I will let Rod take. I have tried to stay out of the interim 2 16 Z. /C /4y planning stages and let the chiefs of both departments and my staff work together. We have growth and you have growth, let's do it together. JIM LEWIS If I can summarize, what has gone forth. The County has no particular brief one way or the other for a change in our structures. Is that correct? Unidentified male: Yes sir, - unclear- JIM LEWIS If I understand correctly, East Naples took the initiative to ask the County to seek a merger? And that the three chiefs together went before the Board of County Commissioners to discuss a merger? Unidentified male: That is correct. JIM LEWIS Your believe that if Isles of Capri merges into East Naples, that there would be advantages to coverage, we would have better coverage than we are now experiencing? Because you would always have a three man team on board. Is that correct? Unidentified male: Correct JIM LEWIS Are there any questions? Question: Is this a true merger? What comes out of this merger? What is the hierarchy? How is it going to be developed and run? CHIEF SCHANK I would still remain Fire Chief. Chief Rodriguez would come under business /special operations. In the chain of command, he would — unclear- Special Ops. He would be stationed here at the Isles of Capri Station. There are no intentions of moving him. We would feel comfortable and you would feel comfortable having him close by. Everything would remain the same as far as salary and benefits would probably increase. I have an assistant chief in my department, I have division — unclear- Alan, will be research & development, logistics. Alan will become part of our support services. Salary will stay the same. The firefighters will become part of our union and they may make out a bit better. Nobody loses their job, nobody loses anything. We have five commissioners that govern us. People of Capri, when there is an opening, would be able to apply for the position. — unclear- One of our concerns is to keep your advisory board intact. There is no reason why we can't. — unclear- Question: The fire fighters that become union members. Is there seniority in the union? CHIEF SCHANK A two year firefighter will fall within the two year — unclear- of our contract. CHIEF SCHANK - unclear- Down the road a bit, when Marco Island — unclear- Question: What happens is you run out of places to go. Fire fighter comes in with the good old American expectation that I can do well — be the best at my job and I'll get promoted and 3 /6 _Z /G /� recognized for that. But what happens, especially with the way your department is structured now, you are going to have a — unclear- of people that are all going to be in the same year group and they are going to march along for twenty or twenty -five years at about the same seniority level and they will want to be promoted. And there won't be any place for them to go. You start to see that dissatisfaction which causes some people to jump ship. You can end up with twenty - five year firefighters. Unidentified Male: There will come a day with East Naples, North Naples and Golden Gate are all capped out with growth. — unclear- CHIEF RODRIGUEZ I think what's happen now with all this talk is not that it's going to happen tomorrow, but we starting to lay the foundation down, to take our time with this and make sure that this is the right thing to do. I am the first one, and I have expressed it to everybody in East Naples, I am not going to turn around and just hand the keys over to a department that I have devoted everything to. With the meetings and the concern that all sides have and what is the best thing for the residents here and the residents in Ochopee, East Naples and for the department itself. The worst case scenario is that we don't merge. The study, the five /ten year plan will give us a better understanding of what we are going to need to do. We are taking our time with this. I am sure that there are a lot of things that we will need everyone's input. This is the first meeting to see how the Isles and Ochopee Boards feel about it and for us to proceed on. Unidentified Male: What I'm hearing from Chief Schank - unclear- Unidentified Male: Operationally, there is a lot of reasons why. There would be better coverage for districts. More personnel and engines responding to fires is better service. JIM LEWIS How does that differ from what's going on now? Unidentified Male: We have a three man engine at Station 90, you don't have that now. We have a Lieutenant on the engine and a Captain over him making decisions. It would not be Rod trying to run the department from his desk. Decisions could be made in the field. Unidentified Male: Besides looking to the future, how much of Fiddlers Creek do you now work? And on Main Sail, if we were to merge or not to merge, what are the implications for cooperation? Are we going to have the same type of back -up if we are not a part of you? Answer: We have the same mutual aid agreements. Unidentified Male: Consolidation /mergers have been going on in the State for over 30 years. One of the first was in Dade County. (unclear) it intends to serve the public as a whole, regardless of what area the resident is in. It is easier to do that out of one larger body. Everything is (unclear) from one administration center. It is tax dollar wise. (unclear) benefits for someone out there and monies that are generated (unclear) That becomes part of the big picture, these areas are going to have more money available. (unclear) Potentially, it is going to provide the best service to all citizens at the best cost. That what you have to consider, look at (unclear) El 6 z IcIZI Question from Unidentified Male: Ochopee, What is your set up right now as far as per truck or per call? Chief Wilson: We have four men on duty per day (unclear) The District is 1,100 square miles, population 300 -400 (unclear) Unidentified Male: As the boundaries start to fill in, it used to be the maps would draw a line between no -man's land and that does not exist many places anymore. It becomes a factor in how we do our long term planning, especially Capital Projects and building stations. Example: 92 is our cut off on US 41 — it is the eastern portion of our boundary. Given our boundary lines, we would want to put a station as growth comes in, probably in the 6 -L Farms area. We don't want to be on the very edge of our boundary providing a service, free of charge basically, to Port of Islands or some of those other areas and then short changing our district on the western side. Because of positioning the station inappropriately for the rest of our District. If we merged with Ochopee, then commonsense dictates the biggest population affected would be the Port of the Islands. So, instead of putting a station at 92 and 41, we could push it out further to the east and protect a huge population. Later, if growth sustains it, we would start back filling along the 6- L's Farm area and put in a station. We are at a crossroads here, trying to predict and forecast where we need to put our stations. We don't want to put a station in the wrong place. We are building two of them now, one jointly with Collier County EMS and N. Naples Fire District. It is on the edge of our district but we are doing that jointly on the northern edge and one on Bayshore Drive. The average price for a new station in today's dollars is above $1 million. That is a significant investment. We want to make sure that we position them in the right place. We want to do it right the first. Unidentified Male: You said earlier, that sometime you had to go our district to get to part of your district. Has there every been any thought to redrawing the district lines? Answer: That's where you get into the (unclear) Jim Lewis: Has the existing situation caused problems? Answer: (unclear) We may be accused of starting consolidation, I don't believe we are. In my opinion, consolidation will hurt our (unclear) We are in a growth mode right now and one thing we don't want to do is pay for another district's expenses. It would be hard to convince people to consolidate if there is a fire district's debt involved. One strategy used to avoid consolidation is to create debt. As long as there is debt, nobody wants to play. East Naples has no debt. What is coming is a shop which will be paid from probably a mixture of both ad valorem and impact fees. Which you have a need for too. I know Rod is not happy with the County maintenance program. We have outgrown our shop. The new station some where near 6Ls Farms, I don't see that for 5 years. But, if everything goes right, impact fees will pay for that. Question: What happens to Mainsail Drive? As far as a station there if the merger were? Unclear discussion among several persons on what appears to be several different topics. Without giving any details, I know its going to cost us (unclear) I do believe with the growth now in East Naples, that will one day wash out. What ever debt we may pick up, and debt means z 16 z. /C /V that we have to compensate for (unclear) and I know that there are a few options out there and that is something we will have to do with Ochopee on. We are just trying to get all the money we can. (unclear) ....Payment in Lieu of Taxes from the State of Florida. Question: What is Ochopee's Budget? (unclear) Unidentified Male: That's going to take a little bit more work. Actually, improved (unclear) could be a cakewalk. (unclear) Unidentified Male: We've got a little more of a problem with Ochopee but (unclear) (unclear discussion among several persons) unclear Discussion regarding Port of the Islands and 6 L's Farm area. Jim Lewis: Is Goodland in your area or is that part of Marco? Chief Rodriguez: Goodland is subcontracted to Marco Island. What is the response time to Port of the Isles? Answer: Station 23 actually gets there about the same time (unclear) (unclear discussion among several persons) Unidentified Male: The merger would help speed up the station. Because we would need to be down there as back up. Right now, the back up, Ochopee, (unclear). Generally, everything is over by then and we're standing by their station. But, if we merged (unclear) Question: Right now, with the status quo, what is your projection for a station at the Port of the Isles? END OF SIDE A (unclear discussion) Jim Lewis: This concept of a merger and these talks that we're having, limited to East Naples, Isles of Capri and Ochopee and I keep listening to stories about growth and you look at the newspaper and see where everything's happening — growth up 951 and everything that was swamp before now is being built as far as the eye can see for homes. So the growth is absolutely a factor. But, what occurs to me is that it's happening throughout the County. Should there not be, as there is a Sheriff's Office in charge of law enforcement, a fire chief in charge of Fire and Rescue for the County? You are talking about spreading the overhead from one individual to on /6-Z As/k/ three individuals merging so that all the overhead items would be consolidated and reduce the cost for everybody. More funds for equipment, more funds for firefighters. But does it make since that if that's the case why not do it for the whole county? It seems the problem exists through out the county. Unidentified Male: Because this has been an age old question. I don't think consolidation (unclear) Let's just take Isles of Capri and East Naples. (unclear) You have already been told that everything, as far as (unclear). Unless you go through attrition county -wide, (unclear). North Naples is at 1 mil and do you thing for one minute that the people of North Naples will want to consolidate and pay more taxes. Jim Lewis: I am not talking about something that is going to happen tomorrow. Unidentified Male: I agree with you that it will one day take place. Jim Lewis: If that's the case, should not that be the long term goal of all of us? Instead of bits and pieces? What can be really achieve by doing it piecerneal? And still taking 5, 6,7 years for that to happen? Looking at it as a county -wide thing, County Commissioners in charge of that Unidentified Male: The problems with two people getting married are relatively simple. Or three people in this case. Try putting 5 independent districts together and trying to hash all of that out. It makes it almost an impossible task. Can it be done? It certainly can be done but, this is when we start looking for planetary alignments and all kinds of mystical things to happen to bring all these different agencies together to accomplish that.. Jim Lewis: The thing that you are talking about should still be my way of thinking. Under the umbrella and overall plan of the county. Jim Lewis: In North Carolina, are there these separate little fire departments all over the place or are they all county ? Dan Summers: I have done a (unclear) with nine volunteer departments, a combination of volunteer and paid. I have been down this road. I am going to have to answer with some generalizations. My bosses have not given me any particular direction other than to make sure that there is fairness, equity and we do all the right things in all the right areas. With 20 years in public safety and emergency management, I am real concerned about losing the direct relationship that I have with these two departments for emergency management interface. Being a former firefighter, I can tell you that, and as an emergency manager with 11 Federally declared disasters under my belt, I am real concerned about what is called integrated emergency management approach. If I don't have, and it doesn't need to be a direct relationship, it doesn't have to be a command and control relationship, but if I don't have a strong relationship with the fire services in day to day programming, planning, contingency planning and disaster response, Collier County will fail miserably in disaster response. Having said that, to answer your question, should it all be under one roof? I think that there is such a bad taste in the public's mouth over the recent events with Diane Flagg, the merger, that certainly wasn't planned out very well. I think it will be years from now before that will occur. As to be a successful emergency manager, I really need day to day programming in coordination with these guys. They are not used to having the emergency manager, I don't think, that got out there to support 7 /6:z Af# them in multi - agency responses, and help provide technical and logistic support. To practice and bond together so that we have good teamwork when the "big one" hits. Is that on the radar screen? I think it should be. It is also one of those things that really needs (unclear). The Chief and I disagree respectfully on this one. Having done on of these before, and we are all steak holders. I am a steak holder because I loose an indirect relationship with the (unclear). I really think that an outside look, an outside consultant ought to come in and do a couple of things. That ought to help these two dependent districts look at long range planning. That's not only stations, but your insurance rating, replacement of apparatus and those kind of things. The second thing that needs to take place is to "dot the I's and cross the T's" with an objective look. (unclear) Have somebody come in and crunch the numbers, and let somebody put an implementation plan together. I hate government bureaucracy and studying. But look at all the investment, directly or indirectly, you, as board members and citizens or taxpayers, have all put into your departments and this (unclear) I think an outside look would be helpful. Then, if the merger doesn't take place, for whatever reason — that's not my call to make, we all have a strategic plan for economies of scale, purchasing of apparatus, co- location of stations, other building projects that we can look at with or without the merger process. I think that it is a huge undertaking. I think Doug and his team have done a phenomenal job so far. But, even the road I've been on, sometimes I ask the question — I'm not sure we don't know what we don't know. Between asset management and personnel transfers and that kind of thing (unclear) I have enjoyed working with you so far. (unclear) So, I am a little cautious. I'm objective but I am a little cautious. Unclear questions Dan Summers: If we all are steak holders in this, and if we are willing to do this in some shared fashion, I'll go back and ask for more. Because I think it will really help us. I'm not sure that the chiefs and all of us have got the hours and time to research (unclear) That doesn't mean that we won't have to do some homework. I think with all the difficulties and all the things going on, I really would like to have (unclear) use an outside person, someone to come in and help us objectively look at this. Don't let anybody take offence at that, I just think Jim Lewis: Who would underwrite something of that sort? Dan Summers: In terms of the Cost? Jim Lewis: Yes Dan Summers: I think we would have to make some type of a deal. I think we would have to go back and see if we could divvy it up three or four ways. (unclear comment from two or more persons) Unidentified Male: This study group came in and studied it and came up with the same result (unclear) From that report, we didn't get that we didn't have in the past. I just put my trust in the (unclear). The other factor is, one thing going into the study, and I think Rod, Paul and Leo and Jim will agree, we laid out the numbers aspect, the dollars, as far as the (unclear) is relatively simple. The piece that is very difficult, extremely difficult, is the people side. Making sure that everybody — everybody trusts everybody else. That there are no agendas, that we are M. 162 1(fl f not trying to pull a fast one. That we all know what we getting into. So we stated up front, very clearly, it was a merger working group, that this is open, its keeps minutes, it records minutes, we make those minutes available to anybody that wishes to read those. We tape record the meetings. We want to make sure that, as Rod says, we want to turn over every rock. To state it another way, it's due diligence. We want to make sure that we know exactly what we are signing up to do and that East Naples, Isles of Capri and Ochopee know what they are signing up to do. It's the people side of that, it takes getting their trust and also that sense of ownership in the process. It's very easy, as Dan has correctly pointed out, to blame this outside consulting guy when it doesn't work. Many times the reason that don't work is because nobody owns the process. Nobody put their heart and soul into the thing to make sure that we did figure out what was going to happen. When the consultants leave, yes we have the responsibility to make that decision at the end, but we are still the ones, whatever that decision is, we're going to live with it. That's what Commissioner Cannon saying. We've got the knowledge, we've the ability (unclear). Will it take time? Will it take a lot of indirect costs. You betcha. I spent all of last week reading through four consolidation studies when I could have been doing something different. But it was important to me, it's important to all three of our agencies, to make sure we know what we are looking at. And that we don't repeat some of the mistakes that occurred in the past. Jim Lewis: I think I neglected to say at the outset, that at our last Board Meeting, we agreed to establish the entire Board as the committee to be looking into this process. Which is why we are here. Is there anybody else around the table here that would like add to what has been said? Unidentified Male: I would like to add: the process that we have adopted to go about the feasibility study, that is in fact what we are trying to do is to determine if this is feasible both financially and culturally between the various departments and the citizens. I think, looking at the three districts, the citizens, I believe, I've done a lot of research on the two different areas, the value systems, the belief systems are very similar both in the citizens as well as the firefighters that are working with the districts. I think that that aspect of it is very important. I can't emphasize that enough — the people side of it. The process that we have chosen to follow is a very tedious process but it is one that makes sure that we look at everything that needs to be looked at. The very first thing is "What are we trying to accomplish ?" We have identified the problem and I can read that to you from the minutes. What it is, in nutshell, how do we combine our resources in three districts to make it better than what we currently have? That's what we are trying to accomplish. The next step is to lay out all of the facts, the facts that are relevant to that problem and any assumptions. Assumption defined as 90% true you just can't quite nail it down but you are pretty sure that it is true. Develop some criteria for what the right solution should look like. How should this answer, what should it be. It's got to meet these criteria to work. For example, we know going into it that nobody is going to lose a job or take pay cuts or anything like that. We know that those will be criteria that will be solutions to our problem. Come up with several workable courses of action or solutions. Not some throw away that's never going to work just so you can put it up on a chart and yeah that's the one and then toss it aside. You have to have three workable solutions and then compare them. The numbers don't lie. Weight your criteria, lay it across there with your courses of action and compare them. Make sure you are comparing apples to apples. Balance that out. You are looking at something that's a true picture of what you are trying to do. And then come back to the very same recommendations. Sounds simple and I'll tell you, the process can be manipulated. It can be manipulated if you are not true E 1�O-z i (21 r to it. You can get through this. A lot of people already have a solution in their mind of what it should look like. They start guiding things toward that solution. Jim Lewis: "My minds made up, don't confuse me with the facts" Unidentified Male: Exactly. That's what we're trying to avoid. We are being very diligent in nailing it down and making sure that Yes this is important, you need to address this even it may be painful. Maybe we come up with an answer we don't like. But that's the answer. (unclear) Dan Summers: One of the things I want to do is make everyone is fully aware is that I am not going put these two departments' growth and improvement on hold while we go through this discussion. I am going to champion their legitimate causes as best I can. Capital expenditures (unclear) or what ever it might be, I want to do that. I don't know all the hot buttons downtown yet, but I'm learning. Rest assured, from a staff support perspective, I'm not going to put them on hold. They have trusted me today. (unclear) all of a sudden, humungous needs are going to be on top of them and we're not going to be ready. Rest assured, with your support (unclear). I know that some of the Chiefs have had a bumpy road in Collier County and probably just because some of the folks here really didn't understand their needs, don't see them everyday and all they really understand is the budget issues and not the program issues. (unclear) I look forward to supporting them (unclear) Unidentified Male: Just in closing and to get it on the record, anybody in the County government today after 911 that doesn't see the need, shouldn't be in county government. Unidentified Male: Where are you in the whole process that we just discussed? Unidentified Male: We have had four meetings as of this afternoon. We met this afternoon for two hours. We've talked about tonight — what types of questions to anticipate from your board and also from you that we may not have anticipated. We wanted to be prepared, we didn't want to come in here looking dumb. The first three meetings, the first one really established, adopted the format of the study. How we wanted to do it. Laid out the ground rules, the housekeeping rules, how we are going to do meetings which are generally every other week, two hour cap. That we could keep minutes, they would be public record, available to anybody who wanted to see them after we reviewed them and approved them. We didn't want somebody to get blindsided with something they didn't say, typed incorrectly. The second meeting, I was not in attendance, but we talked about long (unclear) We talked about the format and tentative problems from East Naples and discussed to go back to each of the three districts and bring a problem statement and then we would combine that into one combined problem statement. Once the approval was done, implementing the implementation plan. A lot of the second meeting revolved around long range strategy and benchmarking and figuring out where we wanted to go. The third meeting, we agreed on the problem statement. I can read that to you. To determine the most effective and efficient use of our combined resources to enhance current and expand into new fire and rescue services so that we are prepared for the challenges of forecasted growth involving involving the needs of our community. It's a broad statement that covers what we are trying to do. Today, we are meeting here, we want to access your general sentiment, to see how you felt about this. 10 /6 Z /C /�y Jim Lewis: I take it that East Naples' leadership will have established a group that are doing the necessary planning to "what if ? ". Answer: The working group, Leo, Chief Davis and I, are representing East Naples. We keep our chief informed and in turn our board. The intent was to have the first couple of meetings between the districts, Chief Rodriguez & Chief Wilson, with the idea that we would expand to incorporate, at the time in was going to be a subcommittee from Ochopee and Isles of Capri. Now, I understand, that your entire board is going to participate. But to incorporate your advisory board into the meetings. It doesn't have to be every one, it could be every other one. As well as, our union representatives. Ochopee also has union representation. A key factor we can't afford to leave out. We don't have ownership in this process. Jim Lewis: But, you are taking the lead? Answer: Yes. Unidentified Male: (unclear) Answer: I am sorry that I did not mention that, the mechanics of that. One of our house rules for the meetings is that it rotates around each of the Districts. The first meeting occurred at Ochopee, then we had it at East Naples and then at Station 90 two weeks ago. I'm sorry, the EOC at the County. That is our plan to rotate around and depending on the levels of involvement that you wish to have, in addition to the minutes, as it rotates around or at any other meeting that you wish to go to. Jim Lewis: I want to get our group to speak. Would you all like to see copies of the minutes? Would it be possible to have enough copies so that we can catch up with you? Answer: Yes Chief Rodriguez: Would you like to attend all of the meetings or would you only like to know when it is in our area? Answer: I think we need to note when the meetings are going to be held and what time. Jim Lewis: And what's on the agenda. (unclear comment or question) Unidentified Male: We want to be sure the Ochopee Advisory Board has the same opportunities to ask questions and, of course, that would give you the opportunity to see how they feel and what they are thinking about. Unidentified Male: I don't know how the dynamics are at Isles of Capri, but I can tell you in Everglades, it is a very small town, (unclear) we had a pretty large turn out on (unclear) If 11 //,0z i�21y there's no direct contact with you things get out of blown proportion. They just don't know anything about it. There are people who want to get involved that way. (unclear) We have two new board members coming on and they are going to have to get up to speed. (unclear conversations) Jim Lewis: Alright. Gentlemen, thank you very much on behalf of our whole group for a very interesting presentation. I believe I can speak for us all by saying we now have to put our heads together and chew over what we heard here tonight. And stew over what we ought to be doing. Vis a Vie not only yourselves but, the community we represent. Looks like we are going to have to interface with the people we are serving and find out where we stand and what our franchise is. Unidentified Male: You understand that this is very early in the process. Jim Lewis: Again, thank you. I think our time is more than up. Meeting ends. 12 { / Af//p Fiala l-blas ISLES OF CAPRI FIRE / RESCUE l- ienning ADVISORY BOARD AGENDA Coyle Colette ---- -- -°— — CHIEF'S REPORT January 29, 2004 A. OPERATION'S REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS Fire Department Merger NEW BUSINESS Board Vacancies Mr. Louis Reappointment ILz >ci� Meeting Location: Isles of Capri Fire Control and Rescue District, Station 90. Meeting Time: 6:30 PM Attendees: Chief Rodriguez (ICFD), Jim Lewis, Jay Cavanaugh, Benjamin Pearson Speaker: We want to catch up on technical stuff we have missed from earlier this month's meeting, the Chief's Report, and all the rest. Then, what I would like to do, after we have gone through all this, is to have a discussion of what we got out of the meeting with East Naples. In the papers that you have there are the minutes of the meeting held by the Sr. personal from East Naples, Ochopee and Isle of Capri Fire Department, prior to their making any approach to us. New Business Chief Rodriguez: They are all dated with the first meeting being on the November 21. Everyone to review papers provided. Chief Rodriguez: We have 2 vacancies, one was Mr. Louis term as expiring and he resubmitted his application. We need something from the Advisory Board voting Mr. Louis to continue another 2 terms so I can send that up to the County. I've provided you with what the County sends me along with Mr. Louis's application. Motion made to approve Mr. Louis's application. Seconded. Chief Rodriguez: I will prepare a letter to Sue Filson from the Advisory Board and will e -mail her that. The other papers provided: I received an e-mail from the County, a report from the Chairman, with questions asked. This needs to be answered and sent back to the County. Need by February 9, 2004. Another paper is the yearly report. This is what will go out to the public but I wanted the Advisory Board to review before. I want to take a stack to the next Civic Center meeting and to make available to the Citizens to take a copy. It is our yearly report and some information on the department. Discussion regarding yearly report, number of calls, hours of training. Discussion regarding Advisory Board vacancy and qualifications of. Draft provided, recommendations made. Chief Rodriguez discusses 2nd page in detail; calls broken down and discussed. We increased number of trainings because of 9 -11. Different types of training broken down and discussed. Training of volunteers discussed, with a minimum of 160 State Certified. Total of 4 state instructors in- house. Training provided for free. Very good volunteer force right now. We were advised the second building on Mail Sail will begin in March. The third and fourth building should start at the end of the year. Discussion entailed building of new construction, 2 /& Z /C /ZI fees, and inspection process. Additional fees collected if failing the inspection. Alan is the only one who conducts inspections. Discussion regarding hiring an inspector, inspection fees, scheduling, hours and time constraints. Chief Rodriguez: Two changes to add on, opening for the Advisory Board and corrective spelling. Old Business Speaker: I'd like to get the feelings and thoughts about CCBCC presentation. Discussion regarding presentation and East Naples merger. Chief Rodriguez: Next meeting on January 19 in Ochopee. I will be attending this meeting and this meeting is open to everybody here. General discussion regarding Chief Rodriguez's boss, Mr. Summers, ICDF, CC BCC, Ochopee and East Naples' response to merger. General discussion regarding millage, impact fees and feasibility study. Speaker: What are the mechanics of these meetings? We go through all these meetings, where does it go from there? Chief Rodriguez: Once we feel that we have answered all our questions, and we feel comfortable with the decision we want to make, then we take it back to CC BCC. Speaker: Is there a vote from the citizens here? Chief Rodriguez: If we request to be a vote, we would bring that up to the CC BCC. A letter would need to come from the Advisory Board after a decision is made. Discussion - off the board. Discussion regarding ICFD going "Independent" and procedures of. Suggestion of informal discussion with CC BCC. Chief Rodriguez: Next Chief's meeting in February; I will let you know. If you want to attend, you are welcome to drive with me. Discussion regarding Parker and the boat. Chief Rodriguez: CCSO is talking about giving us their boat. Am waiting on a meeting with CCSO and EMS because they want a couple ambulances for the CCSO office. EMS said they would give them ambulances. The boat is ready to go and I am awaiting the OK to pick it up. 3 4-Z le-11Y The boat is in very good condition and it comes with a trailer. We would be putting on our equipment. Speaker: Have we lost any service because... Chief Rodriguez: No, because we have the 22 food Nautica. That is equipped with everything except a fire pump, I just ordered one and we will mount a small pump in the front of that boat. We haven't had any boat fires on the water. That boat is in good condition and is rigged up with everything we need now. Speaker: Motion for Adjournment. Meeting adjourned at 7:30 PM. Minutes prepared by Lillian Tomasko. 11 Jan 1? 04 02:59p Collier County MEMORANDUM DATE: November 10, 2003 TO: Chief Emilio Rodriguez Isle of Capri Fire District FROM: Sue Filson, Executive Manager Board of County Commissioner 239- 774 -8865 RE: Isle of Capri Fire Control District Advisory Committee 16-Z As you know, we currently have 2 vacancies on the above- referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Morris James Louis 25 Capri Boulevard Naples, FL 341113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -9097. Thank you for your attention to this matter. SF Attachments Jan 12 04 02:59p Collier County 239- 774 -8865 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 771 -8097 r: Fax: (941) 774 -3602 �. Application for Advisory Committees/Boards Name: Yt t' t 5 J( i r' )1 , f'•S �, t % 4 t ri Home Phone 3 6 ! -L _ '' ! Hoare Address: i �(��' 1 �' r� C�� v�/ ;. f [,_ Zip Code: `7 f / J Fax No. Business Phone: e -mail address: Business- • Board or Committee Applied for:[_' !r L £ t-��^� ��a;�;'.�,(.�! SAI r 1 f f - � /�,�_�: Category (if applicable): Example: Commission District, Developer, environmentalist, layperson, etc. Are you a registered voter in Collier County: Yes v No Do you currently hold public office? Yes No /- If so, what is that office? Do you now serve, or have you ever served, on a Collier County board pr c mmittee? Yes !�' No If yes, please list the committees/bonrds: ��- f i; Ce"I" i / Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: #15L 0 - r `i ) '%� Eiji !Z' J J Education: "� i' ' - .1 !�u a�[jiliZli Experience: 1%14, -• r• C r" ( s" please aUach aay addhiawal iwfonaelioa you feel pert/nenL This appUcatlon should be forwarded to Sue iYfson, Execadve /tanager to the Board ofCau" Coemnissioners, 3301 Fast Taatia,mi Trail, Naples, FL 34112 Ifyat wisk, pf=refaxyour applieadon to (941)774 -3602 or e-mail to saef bon rdwolliffrow. naL Tltank you for mdunweering to serve the eitirens of Cagier Couauy. Jan 1? 04 02:59p Collier County Mr. & Nlrs_ N1. James Louis 25 Capri Blvd Naples, FL 34113 (239) 389 -0371 October '31, 2003 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112 -4977 Attention: Sue Filson Dear Ms_ Filson_ 239 -774 -8865 Thank you for your letter of October 17 in which you advise me that the Commission will consider my application to serve another term on the Isles of Capri Fire Control District Advisory Board. If the Commissioners wish me to do so, I shall be pleased to accept their appointment to serve our Board for one more tens. Sincerely, YX �'L7liouis MJL:rkl cc: Chief E. Rodriguez P- -7 14414 rodriguez_r From: bodinejudi Sent: Thursday, January 22, 2004 3:53 PM To: arnold_m; Baker—D; perico_e; Petersen_b; rodriguez_r; ramsey_m; wallace_d Cc: stone_w Subject: Review Advisory Boards - IMPORTANT - PAST DUE It has come to our attention that the following Advisory Boards are due for review in 2004. Citizens Advisory Task Force (Denny Baker) Collier County Code Enforcement Board (Michelle Arnold) Contractors Licensing Board (Ed Perico) Golden Gate Parkway Beautification Advisory Committee (Bob Petersen) Immokalee Beautification Advisory Committee (Bob Petersen) Isles of Capri Fire Control District Advisory Board (Rod Rodriguez) Parks and Recreation Advisory Board (Marla Ramsey) Utility Authority (Bleu Wallace) If you are not the proper staff liaison for the Advisory Board as shown, please let us know ASAP who the proper person is. A report from the respective Chairman setting forth the following information regarding the Board was due to the County Manager by January 15, 2004. As we have already passed the due date, we are asking that you get these reports into our office no later than February 9, in order that the County Manager can review and report to the Board by February15. The report shall contain the following information: 1. Whether the Board is serving the purpose for which it was created. 2. Whether the Board is adequately serving current community needs. 3. A list of the Board's major accomplishments for the preceeding twelve month period. 4. Whether there is any other Board of agency, either public or private, which is serving or would better serve the purpose for which the Board was created. 5. Whether the ordinance creating the Board should be amended to allow the board to more adequately serve the purpose for which it was created. 6. Whether the Board's membership requirements should be modified. 7. The cost, both direct and indirect, of maintaining the Board. If you have any questions regarding any of the above, please contact Winona Stone or Judi Bodine at 774 -8383. Thank you for your assistance. IL -7 lely Minutes from Merger Meeting of November 21, 2003 at 9:11 am. Meeting Location: East Naples Fire Control and Rescue District, Station 20 (located at 4798 Davis Blvd, Naples, FL 34104). Attendees: Director Dan Summers (CCEM), Chief Paul Wilson (OFD), Chief Emilio Rodriquez (ICFD), Deputy Chief Leo Davis (ENFD) and Deputy Chief Doug Dyer (ENFD). These individuals will be collectively identified as the Working Group throughout these minutes. Based on informal conversations of the past, the Working Group felt this was the appropriate time to initiate development of a formal plan to assess the feasibility of merging the Ochopee, Isles of Capri and East Naples Fire Districts. During this meeting, the Working Group also agreed to establish ground rules for the conduct of meetings, establish the duration of meetings, a meeting schedule and select a planning format. Ground rules — We agreed that all communications should be open and honest to ensure all participants remain informed and to minimize the impact of rumors on the project. We clearly recognize that rumors can potentially derail the project. Additional discussion focused on stakeholders. There are a number of people and entities that will become involved with this project. Some will have a direct, legitimate interest in the project. Persons /entities with direct, legitimate interests include the: citizens, District's Board of Advisors or Commissioners, employees and management teams of the three districts; the Collier County Board of Commissioners and the County Manager and his staff. Some individuals /entities such as Collier EMS, and perhaps neighboring fire districts may have legitimate peripheral interests. Yet, others may have no legitimate interests in the project, but will feel compelled to become involved to advance a particular agenda or simply impede progress on the project. All of this highlights and reinforces the need to maintain the flow of information by c(Sramunicating ideas, concerns and issues, both at meetings, through e -mail and faxes to all concerned parties. We agreed to courtesy copy each other on all written (email /faxes) information to keep everyone informed and working from a common operating picture (COP). Brainstorming- The goal of brainstorming is to solicit ideas on a particular subject, regardless of how "brilliant "' or "idiotic" they may seem. The goal is to share ideas and get them out on the table, then come back and apply constructive critical analysis to ensure they fit what we're trying to accomplish. We agreed that meetings will be recorded and minutes taken and published for public record. Minutes will be transmitted via email to members of the Working Group. It was agreed that Deputy Chief Dyer would maintain meeting tapes and publish the minutes. It 16 -7 !f /Y Minutes from Merger Meeting of November 21, 2003 at 9:11 am. was also agreed we would not make a complete written transcription of the tapes unless required for a specific purpose; however, copies of the tapes would be dubbed and distributed to each member of the Working Group. Participation and support of this project is required by all participants to include completion of assignments. Example: submission of personnel rosters with hire dates, current qualifications, salaries, etc. from ICFD and OFD with response from ENFD to overlay their current bargaining agreement requirements so their respective employees will know where they stand under the current ENFD contract. Some assignments should be accomplished relatively quickly while others may take some time to accomplish. Meeting lengths, dates and time: Meetings will last approximately 1.5 hours and will occur every two weeks on Monday at 1300, rotating throughout the Working Group participant's offices or designated areas. The next meeting is scheduled for 1 DEC, hosted by Emergency Management. Deputy Chief Dyer informed the Group that it is unlikely that he would attend that meeting due to possible Army Reserve school attendance 1 -14 DEC in VA. Deputy Chief Davis felt it would be appropriate to include Union representation in meetings to gain a different perspective on the project, especially on personnel /contract issues. Director Summers proposed that the larger group of stakeholders (including union representatives) be invited to every other meeting. The Working Group agreed with this approach. Chief Rodriquez stated that ICFD would have a subcommittee of their advisory board working on this project and that they would want to be an integral part of the process. Their participation was welcomed, but it was determined that all participants would have to develop an understanding of the roles, relationships and responsibilities of the various subcommittees and working groups if we are to fully integrate /coordinate all of our activities. We want to ensure we're all moving in the same direction and are not disjointed or fragmented. Deputy Chief Dyer stated that it was his "gut feeling" that the various subcommittees will expect a product, plan or at least a sense of direction from the Working Group as a jumping off point. He fully expected them to be primary contributors to the development of the plan once they have organized. Chief Rodriquez stated that we needed to establish these relationships as soon as possible. January is the estimated period to be ready to meet with the ICFD subcommittee. That subcommittee should be formed by then. Deputy Chief Dyer noted that a time constraint with ICFD exists with the residents returning to their homes up north by Easter. It was agreed that the intent was to ensure these residents were fully informed about what was happening before they left for the 2 /6Z lciy Minutes from Merger Meeting of November 21, 2003 at 9:11 am. season. Chief Wilson stated they have a similar situation, but to a lesser degree. Deputy Chief Dyer stated that planning for both Districts should proceed concurrently and that we will most likely arrive at the same point at the same time, but he wanted to ensure we were cognizant of the possible time constraint. Chief Rodriquez reported that one of his board members suggested a one -year contract in lieu of a merger be considered as a safety net for all concerned parties. Chief Rodriquez thought this might be a good idea to explore. He also stated that another board member suggested ICFD become an independent district. He explained to that particular Board member that the Working Group would explore that possibility, but would focus on the merger. In Chief Rodriquez's opinion, the Board member was satisfied with his answer. A general discussion followed about methods and formats for the relevant information and arriving at plausible recommendation to the various decision - making bodies. The Working Group adopted the method described below by Deputy Chief Dyer. - Problem Statement: The first section is defining the "problem statement ". This paragraph involves a statement of the task to be accomplished and its purpose. The problem statement does not reflect all the tasks that must be performed, but is the basis for determining what enabling tasks must be performed to accomplish the task and the sequence in which they are to be accomplished. - Background: The second section is a synopsis of pertinent background information to establish a common foundation of knowledge. - Facts Bearing on the Problem: This section lists all verifiable facts that are significant to the problem statement. An example of a verifiable fact is that OFD employs "X" number of firefighters. This fact is relevant because it directly relates to budgeting and staffing for the merged organization. Obviously, this fact is also verifiable. Another example might be that Firefighter Smith is an employee of OFD. While this is a verifiable fact, it is not relevant to the problem statement. Conversely, if Firefighter Smith has long -term and potentially costly health care issues, the fact that it is Firefighter Smith is irrelevant, but the heath care issue is relevant because of the possible financial consequences for the merged organization. - Assumptions: Section four lists assumptions. In the absence of facts, logical assumptions are made about areas related to the problem statement. These assumptions might be considered about "90 %" true, based on experience and/or intuition, but do not qualify as facts because they are not verifiable. An example of a logical assumption might be that there will be individuals or groups who will attempt to derail the project. It is important to note that only those facts and assumptions that contribute to or /4Z /Ci-'/ Minutes from Merger Meeting of November 21, 2003 at 9:11 am. influence the ultimate choice of a solution (course of action) are appropriate for consideration. The objective is to provide sufficient, pertinent and organized information to allow decision makers to make an informed decision. - Criteria: This section lists criteria that all proposed solutions to the problem statement should address. In many cases, the criteria are derived from the facts and assumptions discussed earlier, but may be independent of these. For example, one criterion might be that all current employees will not lose their jobs as a result of the merger. Criteria should also be prioritized or "weighted" according to their importance. Later in the process a simple matrix can be developed to compare possible courses of action (COA) against the criteria to arrive at a numerical recommendation of a solution. It may be discovered that none of the proposed solutions fully address all criteria. - Courses of Action (COA): This section lists plausible, workable, solutions to the problem statement. These courses of action -- although in general terms -- are formulated in sufficient detail to distinguish one from another and provide a basis for analysis. It is important to note that all proposed courses of action to the problem statement must work: they cannot be "throw aways" that would never work. Examples of possible courses of action that might be considered include: 1) A straightforward merger of the three districts. 2) A phased merger of the three districts. 3) A contractual relationship between ENFD and OFD /ICFD. 4) Seek independency for OFD and ICFD. 5) Maintain the status quo. Superficially, all of these possibilities might work, but without careful analysis, we're just guessing. - Analysis of Courses of Action — In this section we consider the criteria previously discussed as well as any advantages or disadvantages that may be present for each. Measures taken to strengthen advantages and mitigate disadvantages must be recorded and consistently applied (if applicable) to all proposed courses of action to avoid skewing the results. - Comparison of Courses of Action — In this section we review and evaluate the advantages /disadvantages of each COA to determine their significance and compare each COA to the others to determine which COA promises to be the most successful in accomplishing our problem statement (task). This is where a numerical matrix would be used. - Recommendation - At this point, the last step is to recommend a COA to 4 /� -Z 121,y Minutes from Merger Meeting of November 21, 2003 at 9:11 am. decision makers. The recommendation is a complete statement about the action to be taken and should include who, what, when, where and how as appropriate. Further, it serves as the basis for developing the implementation plan. Decision makers may approve, disapprove, modify or combine the COA's presented. If a decision is rendered other than approval of the recommended COA, it's back to the drawing board for part or all of the analysis. - Implementation Plan - Simply stated, the implementation plan brings the approved COA to life, requiring action by the involved parties. Information is extracted from the study to develop the implementation plan. It was acknowledged that this is a laborious process, but the results should satisfy all concerned parties that a critical analysis of all pertinent information was performed and that the information was organized to produce a coherent and useful product to arrive at a recommended solution. Obviously, defining the problem statement (task) is paramount to the success of this process. Further, we must all be faithful to this process because it can be manipulated to suggest what we want to happen rather than what should happen. Typically, manipulation occurs by modifying the problem statement to "fit" the recommendation. The Working Group discussed and agreed to compile information under each of the topic headings and share them via email. The format outline is included on a separate page. We agreed on the need to "nail down" the problem statement as soon as possible. ENFD proposed the following problem statement as a starting point for consideration: "To determine the best method of enhancing the effectiveness and efficiency of the fire and rescue services delivered to the citizens of the three districts." Director Summers suggested that each of the organizations represented in the Working Group bring to the table a problem statement that reflects their organization's perspective and then blend or negotiate the key components to develop one problem statement that addresses all of our needs. Examples of various perspectives include: ICFD might want to enhance services, OFD might want to get ahead of growth and bring resources closer to Ochopee, and EM might be interested in enhancing their partnership with the fire services. Meeting future challenges, community growth and enhancement of service delivery were listed as important considerations. Each of the working Group members agreed to bring their problem statements to the 1 DEC meeting. Chief Rodriquez stated that we should be prepared to answer a variety of questions such as: "What's wrong with the current level of service ?" "Why can't you (Chief) do this now ?" and "Why does ENFD want to take this on? What does ENFD get out of it ?" 16 -7 /c ly( Minutes from Merger Meeting of November 21, 2003 at 9:11 am. Deputy Chief Davis replied that some of the reasons ENFD is interested include: 1) A merger should make better use of our combined resources. 2) ENFD currently does not provide coverage to the inter - coastal waterways in its District such as a portion of Keewadyn Island and Cape Romano. 3) It would address the potential difficulties of having portions of two communities (Fiddler's Creek and Mainsail Drive) that lie in both districts. Deputy Chief Dyer pointed out that it was important for all concerned to avoid the misconception that everything will be in place on the first day of the merger should that be our recommendation. Some results will be immediate and readily apparent while others may take time to put in place. The implementation plan will have to include a timeline. Director Summers stated that he has received permission/direction from the County Manager to enlist the assistance of appropriate County staff. The following individuals were listed as points of contact: Burt Miller — Information Technology and Mapping /GIS; Amy Lieberg — Human Resources; and, Robin Johnson — Budgeting. The Working Group also identified the potential need to contact County staff in the Community Development Services Office. It was noted that the Fire Code Official's Office notifies fire districts of Planned Unit Developments (PUDs) but we do not receive notification when permits are issued. Director Summers stated he would investigate this possibility. Director Summers asked that all requests for information from County Staff be channeled through him to ensure they were directed to the proper person and avoid repetitive requests for the same information. The meeting adjourned at 10:21 am. 0 J6.7- Ac /y The Staff Study format is provided below. Please insert comments in each area you think of them. The goal is to generate as much useful information as we can. If you identify an area where information is needed, but you don't know the answer, include your question in the appropriate area. We'll figure out who can and will get the information. Each of us should anticipate and welcome the scrutiny and validation of our comments from others in the group and eventually the rest of those who become involved. Be sure to indicate your references as appropriate. While it may seem premature, I also included the bullet for the implementation plan. 1. Problem Statement: 2. Background: 3. Facts Bearing on the Problem: 4. Assumptions: 5. Criteria: 6. Courses of Action (COA): 7. Analysis of Courses of Action: 8. Comparison of Courses of Action: 9. Recommendation: 10. Implementation Plan: 7 16 �Z sciy Merger Meeting 12 -1 -2003 Second Merger meeting on December 1, 2003, at 1:10PM. Present: Dan Summers from EOC, Paul Wilson from Ochopee, Chief Rodriguez from Isles of Capri and Leo Davis from East Naples Fire Department. Minutes of the last meeting approved. Summers: Just a comment, I'd like to reference page 5 in the discussion of EM interested in enhancing the partnership with the Fire Service. I did in fact say that, but I think the point intended here since these are summary minutes was to recommend that it was Crucial that the linkages and the partnership between Emergency Management and the Fire Service be well integrated into this plan. Emergency Management /EOC we use Chief Rodgriquez, we use Chief Wilson as our conduit to the Fire Service for programming and planning so we think it is essential that we have a linkage or a partnership or it may even be that we have a Fire Service representative in the EOC to combine the planning, response, grant management efforts, those types of things. So I just want to strengthen that statement a little bit ,add some clarification to it. I'd like to commend whoever the author was of summarizing this minutes. They did a good job. Other than that, this matterchange about reinforcing our linkages with EM and the Fire Service. I also approve the minutes. Leo: Anyone opposed? No one opposed Leo: Alright, before we start I think what we left it at was with the problem statements from all departments. But I did want to address, I thought long and hard about it after I read these minutes, about the one year contract and the problem I was having with it was that it would not give the district a complete picture of what we intended to accomplish with the merger. For instance, we could not invest money in to the district for things like marine division equipment, additional personnel, things like that. This would create sort of a paradox because we can't make and investment until there is a merger but the residents will see that they haven't gained anything going with East Naples during that contract. If we merge then they will see the benefit within the 1st year. Rodriguez: I think it would be a merger but with an OUT, in case the people, the board, the district itself sees that A: this is not what we want, we were happier with what we had. They have to have something where if it is for some reason, I am not saying that it will, but for some reason if it just turns into a disaster where Isles of Capri will be just little Isles of Capri and they are not being taken care of, and the citizens are not being taken care of 6 months down the road after the merger, if they could turn around and say Ok, look, this isn't working, thank you very much. By the end of the year we want to resume control of the fire department, we go back to what we were. 1/19/2004 >6z Id ILI Merger Meeting 12 -1 -2003 Leo: So do you see what my problem is with it? Only that like let's say we wanted 3 people on shift, one of them being a lieutenant. It would be difficult for us to hire another person knowing that in a year we could be back to where we were and what are we going to do with this other person? Afford to buy a boat that we couldn't use in a year from now. Rodriguez: I think what we could do with that is I think that they just threw out there a year but, I think if we look at it realistically we could set say ok within 2 years or 3 years. But I think we're going to have a problem where if we don't have, or I don't want to talk directly for the entire board, but I (know how Isles of Capri operates and how the civic center operates, and it would be hard for them and I think as well as for me, to just turn the keys over and say yup its going to work but a year down the road you know its not working out and we're not providing what we're Leo: You just want to provide them with a comfort zone in case nothing got any better out there. Rodriguez: Exactly. Where they would feel comfortable, I would feel comfortable. The personnel working there would feel comfortable and say Hey, we have a two year period that you know we need to make this work. And if it doesn't work you go back to what you were doing, we go back to what we were doing and look at another avenue. But I think we need to have something, something that we could fall back on and that the people of Isle of Capri and myself as a resident there I think I would be happy with something like that as a non fire person. So I am speaking as a Fire Chief, as well as a resident, as well as a Board member of the Civic Association down Isle of Capri. I think we need to have something that we can fall back on in case it just crumbles. I am not saying that it will. I don't feel that it will but I don't know what the future will bring. Summers: I think it is a good point. I think there are ways to do that where it is Win Win. Another words I think that everybody would know that you would have to make investment in personnel, equipment and all those kind of things. They m -ay have year in which to give you notice that we do not want the service but they may have a year for that process to go away or to absorb it or to work out. So I think there are negotiated ways. It's kind of a one time right. Another words you wouldn't be able to say well after two years we want to rethink about this again. It would be a one time thing. A negotiated ESCAPE clause. Escape is a poor choice of words. Leo: If we had targets built in to that. Like we would say you know in a year we can give you a 3rd man there, maybe a new boat or whatever. Right Leo: Whatever the needs are there. 1/19/2004 2 /6z /Z /Y Merger Meeting 12 -1 -2003 Exactly. Leo: and if those things happen then the program is successful Rodriguez: If we can show them ok within the 1st two years this is what we are going to accomplish. This is what we want to see happen, and if it doesn't happen and you are not happy with the level of service well we can always fall back out of it. Leo: Yeh Wilson: How about this. It is understood that he has the money coming in over the next couple of years. So you've got that window of opportunity to get this thing going. If you do seek money in these 1st couple of years and ail of a sudden they do not want to do it anymore, just put in the contract where purchases like a boat would be reimbursed to you, that kind of thing. Personnel issues I do not know how you are going to deal with that. Issues like purchasing a boat, things like that can be put in the contract on a repayment clause. Rodriguez:Which I am not saying that it is going to happen, I do not think it is going to happen. but I think that it will be alot Wilson: The biggest thing is getting through the 1 st couple of years. and then I believe that the population will be ? ?? Leo: I just see a lot of things that need to be done out there like high angle rescue equipment things like that we are going to need. If you have a high rise you are going to have to have them. Wilson: Sure these are things that he would have to purchase anyway if he stayed in business on his own. So have a buy back clause put in the contract for that kind of stuff. Pesonnel, I don't think you can do anything about. Leo: I don't think that will be a problem because really we hire every year anyway. Wilson: Equipment, things like that the Chief feels is needed he's going to have to have anyway. Put the buyback clause in there . It they break it then you are going to have to pay this much back. Rodriguez: It will get a little easier to sell to the people than to have nothing at all in writing and saying hey once we merge it is a done deal, boom. I think that will scare the people more than to say, Look , if it doesn't work we can always go back to what we had. 1/19/2004 /6�y /Cif Merger Meeting 12 -1 -2003 Leo: I'm just afraid that if it is the contract then we may have to sit on it for a year and then the people in Isles of Capri are going to see no gain. Rodriguez: I don't see where we have to sit on it. When we get to the point where we are going to set the goals of what we are going to do the 1 st year, what we are going to do the second year, what we want to see done in his department, what we want to see done in mine and yours. We can provide that to them and say to then that within the 1st 12months you are going to see this. The second twelve months you are going to see this. Rodgriguez: I don't think we need to sit on anythng. You are going to have full control of the department. It's not like you are be subcontracted out. You are going to have full control of the money, personnel, and the say so. But with that 1 st 2 year clause or whatever we want to make it whatever we agree to say Hey, if the people start complaining and we do not keep our word, If WE do not keep our word withn the first 2 years then it is going to resolve in going back to what it used to be. We want to see it succeed. You want to see it succeed. We just need to come up with a time line. I mean I just threw a year out there but we could realistically say ok we need to come up with a time line of where are the people going to see major changes, they are going to see the level of service increase. Right off the bat we know we are going to show them 3 people on shift. That right there is a major step in the change of level of service. So I don't think we are going to have problem, but I think we need to have something in there. Leo: I think we need to have a picture of what we think is an improvement. Leo: One years worth of improvement. Rodriguez: Why do we want to see one years worth of improvement? Wilson: An operations plan. Rodriguez: What do we want to see within the 1st year that the people out there are going to see? These are guaranteed. These are the things that WILL happen within your 1 st year of the merger. Wilson: Do you think the development of an operations plan will be a goal to set for this committee? Leo: I think so. Rodriquez: Oh Definitely yeah. Issue 1: Summers: Who is reviewing your current base line ?. I know you guys as Chiefs are looking at call volume response time that kind of thing. Leo, do we have access to, do you all produce any kind of annual report, or quarterly report on 1/19/2004 4 14'-a is Iy Merger Meeting 12 -1 -2003 your runs that look at call type, call volume, response time, property value loss those kinds of things? Leo reported that ENFD does produce monthly reports for call types and call volume. The report does not include response time, however we do have access to those figures. Currently, ENFD uses the Florida Fire Incident Reporting Section (FFIRS) Chief Wilson stated that the National Fire Incident Reporting System (NFIRS 5.0) is identical to FFIRS. Using the NFIRS format you can query the type of information Dan Summers is requesting. , Dan Summers: Who is going to look at all the numbers (ie. response times, call volume, call type, property loss), and set operational goals? Is that something that we needed to bring to the table and brainstorm what would be the appropriate benchmarks? Chief Wilson read part of the Mission Statement: Determine the most effective and efficient use of combined resources to enhance current or expanded fire rescue services so that we can prepare for fires and community growth involving the use of non community services. Establishing a base line of response time ? ? ?..... growth involving needs within our community. The group agreed that there should be some type of benchmarking. Goals should be established and baselines created to show some business improvement because that will show the reason for the capital investment. It is very difficult to change response time. Example: you may need to build a Million dollar station and put 3 men in there with an engine. However, if that is what it takes then in should be in the 3 year or 5 year plan. Strategic planning should include growth within the communities. The established goals should indicate immediate as well as future achievements. The community should be presented with a plan that makes known the immediate benefits as well as the 3 or 5 year benefits. In Summary: • Establish benchmarking • Establish goals for merged districts to include Immediate Future 3 or 5 years Issue 2: Dan Summers knows NFIRS tracks the $ damage and $ loss, but does ENFD annually get a report as to total district property value? Leo stated that through the County budgeting process; we have both the total district property value and total property loss value. Do not really apply them to each other. 1/19/2004 5 1&Z 0Y Merger Meeting 12 -1 -2003 Chief Wilson held a brief discussion about property $ loss in Ochopee. Leo asked if Ochopee gets an opportunity to make interior attacks? Chief Wilson stated that when he got to Ochopee they were not making them. Currently, they are and it has an immediate impact (for the better) on how much property is being lost. Leo wanted to know: Is Ochopee exempt from the 2 in - 2 out as Isles of Capri is? Chief Wilson responsed they use the 2 in - 2 out. That is why they have 4 people on duty and multiple persons in the response mode that do the back up. Also, they place 8 -10 guys on the scene of every structure fire immediately. Then, ENFD rolls in right behind them as part of the attack crew, part of the overhaul. Issue 3: Dan Summers wanted to know about the ISO ratings. He asked Leo how that worked in his area and what he might see as an improvement. Leo responded that ENFD would not make out well (after the merger). The ISO rating for ENFD is 4 (most of the district) and 7 (outlaying areas). A brief discussion followed regarding the benefits of being ISO ratings. New hydrants, equipment and more personnel should lower the ISO rating thereby creating lower homeowners insurance rates. Pros include lower home owners insurance, one of give and takes of higher millage rates to better facilitate the fire service. ISO ratings can be one of the benchmarks. Cons range from costly, unrealistic equipment suggestions, and ratings on existing equipment. Issue 4: Benchmarks. Leo stated this process will establish benchmarks in different categories of things that we want to accomplish. BENCHMARKS 1. Development of the Operational plan (remember this is just a plan) • Immediate effect • Long term 5 year master plan • Response time • Proposed stations • Man power issues 2. ISO issues 3. EM /Fire Services interface (Partnerships) • homeland security grants • more improvement for wildfire interface • all the hats that EM wears 4. Community Outreach /Fire Prevention - -- continue and /or enhance • Fire Education program • Fire Prevention Bureau • inspections in the districts 1/19/2004 6 Ib-7- le /Y Merger Meeting 12 -1 -2003 • business • inspections • level 1 site visits (ex: extension cords, exits) • education • elementary age • Detective Casey (National Fire Chiefs Award) • Safety Fair • Free Smoke Detector Program • Safety Week • Community Relations or Community Involvement • Big Boats • need pumping before it sinks • no sea tow • CERT • Community Outreach /Support programming • Support group called OUTREACH • Hurricane Awareness /Preparedness • FYI for Impeding Storm • station is secured • secured note posted • 2 vehicles answer calls for assist elderly to put their shutters down so they can get in their car to evacuate NOTE: Dan Summers stated the Hurricane Awareness education program will be revamped for the 2004 season. He will bring that to the Chief's meeting and pump some new strategy for next year Wants to involve, as many stations and organizations that they can. TO DO: Take the benchmarks and next meeting list some issues that everyone has that comes to mind with operational services. Put some teeth to the four items. Issue 5: PROBLEM STATEMENTS deferred to next meeting to give everyone time to gather the appropriate information. Week cut short due to Holiday. NEXT WEEK Elaborate on the 4 benchmarks. These will be the first ones we work on. Others may develop as meetings go on. Chief Rodriquez stated that he has a Board meeting this week. He will be talking to them about starting to get the committee members on board. So, we can start holding meetings with just the committee, not necessarily the Fire Board itself. The Committee members will be made up of year round and seasonal residents. Have as many year round as possible in case the meetings go beyond Easter. 1/19/2004 7 /6-7- lcll Merger Meeting 12 -1 -2003 This way the meetings can still be held and have enough members to voice their opinions. Board Meeting is set for 12 -4 -03. Trying to get the board meeting moved up to 12 -3 -03. Dan Summers will try to attend the meeting. It will be the 4th or 5th. Dan has not had a chance to meet the Isles of Capri Board yet. Dan has an item to report on: Previously talked about an Outreach; one page summary (Doug to do) to post at stations. Do not have an e-mail address yet. An option may be another button on his website where they can publish the excerpts of the minutes Put at the bottom of the minutes that if they have any comments or questions they can e-mail Dan Summers directly. Does not know it he can get a stand -alone e-mail address. Isles of Capri does have a website. Also, there was talk about having every other meeting opened to additional people. Need one more working meeting before that happens. Ochopee has a City Council meeting tomorrow night to approve the formation of a subcommittee. Isles of Capri is forming their subcommittee by the end of the week. Meetings are going to happen fast, They should be opened up to the public but specifically it would be good to get the subcommittee members, so they can kick off their ideas and get answers. NEXT MEETING will be in December. Leo will get minutes to everyone. Meeting adjourned. Respectfully submitted by Veronica Lucier Doug when you get back we will schedule the next meeting.....LD 1/19/2004 8 162 tC14( Summarized Minutes from Merger Meeting of December 22, 2003 at 9:00 am. Meeting Location: Isles of Capri Fire Control and Rescue District, Station 90. Attendees: Chief Paul Wilson (OFD), Chief Emilio Rodriquez (ICFD), Deputy Chief Leo Davis (ENFD) and Deputy Chief Doug Dyer (ENFD). Emergency Management Director, Dan Summers was unable to attend because of the heightened threat level announcement. The meeting was called to order by Deputy Chief Dyer. It was noted that there was some minor confusion about the time for this meeting because Deputy Chief Dyer didn't follow up with a confirmation. All members of the Working Group present stated they received the minutes from the meeting of December 1, 2003. The Working Group accepted these minutes without change. Discussion ensued about completing the problem statement as the basis for future efforts. The Working Group unanimously adopted the problem statement submitted during the November 21, 2003 merger meeting. It is restated as follows: "To determine the most effective and efficient use of our combined resources to enhance current and expand into new fire and rescue services so that we are prepared for the challenges of forecasted growth and evolving needs within our community." Deputy Chief Dyer asked if all members had provided their advisory boards or others as appropriate a copy of the minutes from the November 21, 2003 merger meeting to ensure they are aware of what's going on. Chief Rodriguez stated that he told his Advisory Board that the minutes were available to them if they desired. They (ICFD Advisory Board) asked if any decisions had been made during that meeting. He answered no to their question. Chief Rodriguez believed that his Advisory Board would wait until the meeting of January 5, 2004 before becoming directly involved. Chief Wilson stated that he had spent two hours last Friday with Mr. Loving, the Chairman of the Ochopee Advisory Board telling him where we were and where we're going. Deputy Chief Dyer asked Chief Wilson if he had talked with Mayor Hamilton of Everglades City. Chief Wilson stated that he was getting a "feeling" from Mr. Loving that behind the scenes, Mayor Hamilton was "not very for this ". Chief Wilson stated that he needed to get with the Mayor to see where he stands and hash it out with him. Deputy Chief Davis stated that Mayor Hamilton had previously told his taxpayers that it (merger) would probably save them money. Deputy Chief Davis asked the general question: when we meet with the OFD Board, would we want Mayor Hamilton to be there? Chief Wilson stated that he was almost betting that the Mayor would be there. Deputy Chief Dyer asked Chief Rodriguez to clarify that the meeting with the ICFD Advisory Board on January 5, was at 6:30 pm at the Civic Center and also asked who had been invited. The invitees include the OFD Advisory Board and Chief Wilson, EM Director Summers, ENFD Board Chairman Tom Cannon, Chief Schank, Deputy Chief Davis and Deputy Chief Dyer. No one else from the County would be attending. Deputy Chief Dyer stated that ENFD would probably have only one commissioner attend to ensure compliance with the Sunshine Law. Chief Rodriguez believed that Chief Schank was going to advertise the meeting anyway just to cover the bases and possibly allow other ENFD Commissioners to attend also. Chief Rodriguez said ICFD was going to advertise anyway because it was a regularly scheduled Board meeting. Deputy Chief Dyer asked if Chief Rodriguez had determined what questions and concerns the ICFD might pose during the meeting. Chief Rodriguez replied that basically what the Board wants to hear are the reasons why and what the citizens of Isles of Capri are going to get out it. He believed that the Board is looking for some type of presentation from ENFD saying this is what we feel should happen and this is the reason why and this is what we can offer the citizens of Isles of Capri. The reason why the OFD Board was invited is to hear from them how they felt about it and ask them about the effect of OFD being at four mils and where's that extra money going to come from. Is the county going to give it to us or are we going to have to dig into the ICFD budget or ENFD's budget to cover any shortfalls until we get to a point where we're even? Chief Rodriguez also stated that the ICFD Board reversed their decision to establish a sub - committee and would instead work on the project themselves since they are responsible to the citizens. Chief Rodriguez provided the names of his board members. Chief Wilson stated that the OFD Board will also handle the project themselves instead of creating a subcommittee. Deputy Chief Dyer stated that having the two Boards directly involved made the most sense. Chief Wilson provided the names of his board members. Deputy Chief Dyer stated that the next step after agreeing on the problem statement was to list the facts and assumptions bearing on the problem. The following facts were listed: The fiscal year 2004 budgets for OFD and ICFD: attached. ENFD requires a personnel roster for OFD and ICFD including hire dates and certification status in the subjects listed below to calculate financial impact. - Fire Officer I - EMT -Basic - EMT - Paramedic 1) l �,Z /C /Z( Associate or Bachelor degree in a fire department related field that would qualify for the Florida Firefighter Supplemental Income Program Public Safety Diver through Dive Rescue International - HAZMAT Technician (160 hour requirement as adopted by the Collier County Fire Chief's Association) Pump Operator (for ENFD Driver/Engineer promotion testing only, not incentive pay.) OFD and ICFD currently do not have an incentive pay program, but are working on an incentive program. Chief Rodriguez indicated that he has several individuals certified in high -rise rescue from the Florida State Fire College but they do not receive incentive pay. He stated there will be a need in the future for high -rise rescue and possibly other technical rescue specialists given the projected condominiums on Mainsail Dr. Chief Rodriguez said his department does pay a 5% incentive pay for paramedics that is built into their base salary upon hiring. Todd Layton is the only Paramedic receiving this pay. Deputy Chief Dyer asked what "HA" and "HB" meant on their budgets. Chief Wilson state that HA meant non -high risk retirement and HB meant high -risk retirement. Other Finance Related Issues: Vehicle Payments: Chief Rodriguez stated he had another year of lease payments remaining on his attack truck at $15,000 as indicated on his budget. Chief Wilson has three years remaining on an Expedition and about four years remaining on their pumper as indicated on the for budget on leases. He estimated about $18,000 ($6,000 /year) remaining to pay off the Expedition and $100,000 ($25,000 /year) remaining to pay off the pumper. Chief Wilson stated that he planned to purchase a fire- rescue boat and fire engine in the very near future. The engine is estimated at $130,000 and is a replacement truck for a 1984 engine with a busted tank. It will be funded through ad valorem on a lease /purchase. The estimated resale value on the 1984 truck is $5000. The amount to be financed for the engine depends on the results of the Unfair Labor Practices (ULP) lawsuit. The estimated cost of the ULP is between $60, 000 and $80,000. The fireboat will be purchased using IMPACT fees. Bid closing on the boat will be in January. The estimated cost for the boat is between $50,000 and $70,000, but is dependent on the bids received from vendors. Chief Rodriguez indicated that they might be replacing their boat this year. They are working with Parker to possibly replace the hull at no charge. If that doesn't work, they might receive a boat from the CCSO. Either way, he estimates about $3000 to transfer equipment to the new hull or boat. 3 / 6.J- 1C i// OFD and ICFD indicated that there were no other major purchases planned. Personnel Issues: OFD has the ULP as previously mentioned. OFD and ICFD indicate they have no current worker's compensation cases. Chief Rodriguez indicated he has no other medical issues among his employees. Chief Wilson indicated he has an employee with a child that has long -term health care needs (premature birth) and his secretary has long -term health care needs. Currently the county has an 80/20 insurance plan. ICFD and OFD have no other personnel related financial issues except those mentioned above. Stations: Chief Rodriguez indicated they plan to build a dock but didn't think it would happen anytime soon because the small channel being built next to the station continues to fill with sand. The money has been budgeted in IMPACT fees. Station 90 floors have been refinished this year. Touch up painting on the station has been completed. New beds have been purchased recently. There are no other major purchases or needs required. Deputy Chief Dyer specifically asked about the roof and septic system. No issues. Lawn maintenance is performed by ICFD firefighters. County facility maintenance subcontracts A/C maintenance and pest control at Station 90. ICFD recently purchased a new cascade system using impact fees. Deputy Chief Dyer asked about ownership of the station/property. Chief Rodriguez stated that the property was donated to ICFD by a citizen with the stipulation that a fire department must operate there. If the property is used for another purpose, ownership would revert back to the property donor. Deputy Chief Dyer asked for a copy of the donation agreement to ensure we understand the requirements. Chief Wilson stated that station 61 is owned by Everglades City and that he has never seen the lease agreement for that station between Everglades City, OFD or the County. The property for Station 60 on US 41 is also donated property. He was unsure of the status or location of the agreement. in f�_Z IC141 Chief Rodriguez stated that the County holds all the deeds for OFD and ICFD and they should have the deeds and agreements for the properties. Station 90 is completely paid off. Chief Wilson stated that Station 61 is on city sewer, but does have a bad roof. Replacement for the roof is in this year's budget. Accepting bids for the roof now. First bid received was $20,000. Otherwise Station 61 has been completely remodeled. One A/C unit is new, the other two units are between seven and eight years old. Chief Rodriguez stated that CCEMS pays $6000 /year rent to stay at Station 90. This is a verbal agreement. Chief Wilson stated that EMS pays a third of the electric bill for Station 61 and a portion of the maintenance. Chief Wilson stated that Station 60 will be remodeled this year and have a new roof installed. Estimate for total project is $30,000. Chief Wilson indicated that he wants to put a station at Port of the Islands, but has had difficulty obtaining land there. Utility costs are itemized on the on the OFD and ICFD budget. Deputy Chief Dyer asked if there were any ordinances or agreements in effect that might have language that allows or prevents the merger or obligates the district in some way. Ordinance 75 -6 creating OFD and Ordinance 92 -100 allow provision of fire rescue services to Everglades City. Chief Wilson stated that Everglades City needed to adopt amendments to the Collier County Fire Codes in the form of an ordinance. Currently, there is nothing in writing indicating adoption of the Fire Codes from Everglades City. Call Volume: OFD: 738 and 601 calls in the past two years and on track this year to run a little over 600 calls. Chief Wilson stated they ran 226 calls alone to Alligator Alley last year. In previous years, the OFD experienced an overall 6 -7 % increase in call volume each year. Chief Wilson stated that approximately two years ago, a PILT fund study was done. A County Budgeting person indicated that OFD should only receive $21,000 of the PILT funds to cover the Alley and OFD showed that it cost $463,000 based on personnel costs, overtime to backfill station, vehicle mileage, maintenance costs, etc. OFD runs about 6 -10 true fire calls /year. Most OFD calls are west of Station 60. Mutual aide is provided to Monroe County on Loop Road. The Miccosukee Indian Tribe has a rescue crew in Eastern Collier County that also provides some mutual aide to Monroe County. I �, a lc A/ Deputy Chief Davis asked if anyone could substantiate the rumor that Broward County was going to place a station on Alligator Alley. Chief Wilson indicated that if they did, it would be East of the tollbooth because of the Everglades Restoration Project. ICFD Calls: Last year ICFD ran a little over 400 calls. ICFD runs about one true fire call /year. 1CFD runs about 80 boat calls including boat fires and search and rescue. It takes about 30 minutes on calm water to reach Ochopee from Isles of Capri. Chief Wilson stated that they had only about a dozen boat calls in the OFD area. Deputy Chief Dyer asked if the amount of boat traffic was continuing to increase in their areas. Chief Rodriguez and Chief Wilson stated yes. The biggest need in OFD is Pleasure Island... an island that is being developed into an exclusive and upscale community that can only be accessed by boat. Chief Wilson explained their plan for fire protection on the island with a submerged water main running under the river to the island and preposition equipment. At this point during the meeting the tape stopped and an estimated 15- minute gap occurred in the recording. It was identified and the tape was restarted at 1030. Deputy Chief Dyer asked if a county map could be produced that identified the boundaries for the state and federal lands and Indian Reservations. Deputy Chiefs Davis and Dyer asked if it would be possible to tour the Ochopee Fire District. Chief Wilson said that would be a good idea and would give us a good perspective on the scope of the district. Deputy Chief Dyer asked if there were any other existing agreements with other entities. Chief Wilson stated there is no official agreement between OFD and the Miccosukee Indian Tribe. There is a Memorandum of Understanding with Big Cypress wherein OFD does all of their structural firefighting and Big Cypress assists with wildland firefighting. Big Cypress has also assisted OFD with the provision of some firefighting equipment and gear valued at approximately $8000 /year. Chief Rodriguez stated their only agreement is for the protection of portions of District 1 along Keewaydin Island. Further discussion ensued about the future of District 1 funding, given that most of the area in the south blocks is being purchased by the state for environmental restoration. Deputy Chief Davis asked about the status of PILT money. Chief Wilson stated that the Federal Bureau of Land Management (BLM) pays PILT to Collier County government to cover fire, law enforcement, EMS, schools and any other functions deemed necessary. It is not solely used for fire protection. In 1998, a group from Everglades wanted to seek independency for the fire department and wrote a letter to the BLM to ask how the money was allocated. The response, according to Chief Wilson, is that Collier County Government has the final say on the disposition of PILT funds. The money is placed in the general fund and divided among the public service agencies to provide services. The rol 1 ,�Z /C /Y amount of PILT funds offered to OFD equaled one -third (1/3) of their total budget, not to exceed about $350,000. This year OFD received 197,000 in PILT funds. Chief Wilson described that the PILT funding was used to cover the difference in ad valorem revenue and anticipated expenditures for the year. Chief Rodriguez receives $5300 from the county general fund for a percentage of the boat maintenance. Deputy Chief Dyer stated that he would take the information provided during the meeting, place it into the staff study format and email it to everyone for review and to add anything they felt appropriate as it relates to the adopted problem statement. Deputy Chief Dyer stated that he assumed that we could negotiate for a portion of the PILT money. Additional facts discussed: County Commissioner Colletta has stated that the merger is an all or none issue, meaning that ENFD would have to merge with both OFD and ICFD. Chief Rodriguez echoed the statement by saying that Leo Ochs made a similar statement to him. Deputy Chief Dyer stated that he believes that the County Manager, Jim Mudd may be trying to downsize Collier County government by outsourcing certain functions. This assumption is based on Mr. Mudd's background in the Army where there has been a tremendous effort in the past 15 years or so to outsource certain base operations to vendors such as DYNCORP. If this is a valid assumption, Mr. Mudd may have an interest in the county getting out of the fire protection business and letting East Naples provide that service. Deputy Chief Dyer stated he may be wrong about this assumption, but it's worth remembering. Chief Rodriguez stated that he felt we would know a lot more after we hear from the various boards how they feel, get their questions answered and get everything out in the open and find out when they want to start meeting jointly. We should know a lot more after the meeting on January 5. Deputy Chief Dyer reiterated the importance of keeping everyone informed by talking with them and providing copies of the meeting minutes. There are no secrets. As for the minutes, we do want the members of the working group to approve the minutes before releasing them to others to ensure they accurately reflect what was said and that no members are getting "blind- sided" with questions about something they haven't yet read. Since the minutes of the December 1 meeting have been approved, they can be released now. Deputy Chief Dyer felt that the gist of the meeting was going to boil down to dollars and cents... can this be done. Chief Rodriguez reiterated that his Board will ask why we are doing this. We should be prepared to answer both. Deputy Chief Dyer stated that answering the adopted problem statement should answer their question about why we're considering the merge. Both Deputy Chief Davis and 7 1L_7 lC/q Chief Rodriguez felt that we might have to go deeper. Deputy Chief Dyer stated that the answer to the question of why ICFD is interested in merging with ENFD would have to come from Chief Rodriguez and his department. Chief Wilson mentioned that ICFD would have more manpower per square mile than any other district in the next few years if they hire new personnel. Deputy Chief Davis questioned the validity of the manpower per square mile relationship as a measure of service since he has never heard that ratio used in the fire service. Deputy Chief Dyer stated that after all is said and done, ICFD, OFD or ENFD may choose not to pursue the merger because it may not be the right thing to do. From the perspective of the citizens of ICFD, they may say we have these high -rise condominiums being built and East Naples is just looking to take the revenue from them, but the reality is that we have a tremendous amount of growth coming into the East Naples District on the Collier Blvd and US 41 corridors. Furthermore, it wouldn't be a matter of East Naples simply taking the revenues from these high -rises and not providing the services to the citizens of Isles of Capri. Isles of Capri would be part of us and we would treat them as such and provide the same level of services we provide the rest of the district. Chief Rodriguez stated his Board was aware of the future growth in the current East Naples District. We agreed that we needed to prepare for the Jan 5 meeting as a group to ensure we've addressed the key issues. The next meeting will be at 0900 on January 5 at the East Naples Fire District Support Services Office. The meeting adjourned at 1104 hours. Minutes prepared by Deputy Chief Doug Dyer, East Naples Fire Control and Rescue District. Fiala ----�- 'Nalas Henning Coyle Goletta ISLES OF CAPRI FIRE / RESCUE ADVISORY BOARD AGENDA CHIEF'S REPORT March 4, 2004 A. OPERATION'S REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS Fire Department Merger Board Vacancies NEW BUSINESS Board report to the BCC On March 9, 2004 at 1:15 PM f s f /, s iC111 / 4 -z IC /� Meeting Location: Isles of Capri Fire Control and Rescue District, Station 90. Meeting Time: 6:30 PM Attendees: Chief Emilio Rodriquez (ICFD), Jay Cavanaugh, Benjamin Pearson, Jim Lewis Excused Absence: Tara LeGrand Chief Rodriguez: For the record, I have been in and out of the office related to a family crisis. You need to excuse me for being out of uniform as I just got back from Ft. Myers. Before the Chief s Report we will go over the fire related calls for the month, we had a total of 23 calls. For medical calls we had a total of 17. For marine/ boat calls we had a total of 6. They have started to increase, I don't know why but they have started to get back up there again; total number of calls year to date are 46 calls. From 2003, we were at 92 calls. This year from January to today we are at 52 calls, making us slightly below from last year. Any questions on the Chief s Report? (Silence.) I also received a copy of the budget, I actually made some marks on it, but that is just for my reference so disregard the marks I made. But there is a copy from year to date, through January. From October to January on the Personal Services as well as Operational side. Over on the third page we still have in reserves $84,300. This is from the increase in taxes after the budget was formed so that was placed in reserves. On the last page, as we are getting ready to start the budget process, I have also attached a breakdown of salaries of all of the firefighters, how much we paid for social security, retirement, health, life insurance and workers' comp. and their current salaries to date. That is for our knowledge for when we start doing the budget. See attached Operations Report. Any questions on the budget? (Silence). New Business On March 9, at 1:15 PM at the Collier County Board Room, our chairman will have 5 minutes to discuss an overlay to update the Board Members about the Advisory Board and how it has been functioning. Only allowed for 5 minutes. They do this every year and what they do is that there are so many advisory boards throughout the county and this year we ended up getting picked. There are 8 Advisory Boards presenting on this date. I will be there with you, you just need to be there by 1:15 PM. Mr. Louis will have 5 minutes while everyone else can attend or watch on TV. Old Business Fire Department Merger Rod: Attended meeting in Ochopee. About 20 residents attended this positive meeting. They are looking at a millage decrease from 4 millage to 1.5. They asked to have a meeting between the two unions; I did not attend this meeting as this entailed the East Ochopee and East Naples Unions. We have not had any other meetings since that particular Advisory Board Meeting. Speaker: Nothing at that meeting was said that is different then said before? 2 arrangements with Ochopee i.e. reduce millage, subcontract, and have East Naples run their department but keep them at 4 mils. Other than that, there hasn't been any new development. We have not had a meeting since then. Speaker: I have talked with two different people. One was a meeting to expand my knowledge of what went on with the previous attempt with East Naples. What I learned was that the then board President was friends with Commissioner Norris and they decided it would be a good thing for Capri and East Naples to merge. I do not know what their reasoning was and have slim knowledge about this relationship. However, the present Chief came under some pretty strong fire. There was a disciplinary problem that existed within the department which they felt were not being handled properly. Is that a fair statement? (Yes). OK. They also pointed at his youth and inexperience and tried to make it look like he was not qualified to run this department. I think we can safely say that based on the time that has intervened, that our Chief has grown in knowledge and experience and is doing a very fine job. Apparently there were a lot of strong words said at the time and high feelings on both side of the issue. There were also a lot of people who came to the Chief's side and supported him. He and the department were able to ride it out. I think we are facing an entirely different situation. There is not a question in my mind that we are ably managed in this department. We have a Board and many volunteers that are committed to the welfare of this community and department. There is one objective and that is to preserve our neighborhood. Yesterday I had a call from Ann, on the Board of Isle of Capri Civic Association, Chairman of one of their very active committees. She examined me very thoroughly about what was going on in respect to the merger talk. Did I wish to have the Capri Civic Association involved? What I told her was the board was presently investigating every aspect of the proposed merger. That we do not anticipate any results of this investigation to be forthcoming in the very near future and that it is going to take some time to get everything resolved. That we have an opening on the board and we'd like to have that filled to which she volunteered to put something in the news letter to that effect and maybe help us recruit a missing member. She took, obviously to my ear, copious notes on our conversation. My belief is that this meeting had been advertised and had she attended, we might have seen someone from the Civic Association Board here tonight. I suspect that future meetings may be attended by members of the Capri Civic Association Board. I just have that feeling and I think we all ought to be aware of the interest expressed. Anne introduced the thought that do we have the numbers to be an independent fire district. I told her that this was just a part that was under investigation. Any comments? Speaker: At some point, after we have done just about as much investigating as we can do, at that point, maybe we can go to a Civic Association Meeting and lay it out. Speaker: I think there is sort of a protocol to follow? This board has established itself as a committee of the whole to investigate. She asked for names. When we have concluded our investigation and we have reached a conclusion, I think it has to be spelled out very carefully well thought out words, at which time, we can and should advise the Board of the Civic Association, what has transpired and what conclusions we have reached and would they like us to make a presentation. i /L,7 /28 Rod: I think you all should all be prepared to give your opinion about what you would recommend as a board. That should be in place before we approach the Civic Association. As a board and a committee, this is our recommendation. Speaker: Do you think it would be a good idea to have the Board to write something to her? Speaker: That would be premature. Speaker: We are exploring, no conclusions have been reached as of yet. General discussion regarding Civic Association politics of Isle of Capri. Rod: We do not have enough information to give that board yet other than what Mr. Louis stated that it is under investigation, that we are looking at the possibility. This is just a feasibility study. I know that East Naples want to approach the people before they go home but there is not enough information for us to approach the people and I am hesitant about that. I know that in the next couple of meetings that they are going to schedule that they are going to try to set something up. I just want to give you a heads up because they know that the people here leave after Easter and they want to be able to go to the Commissioners and say "Well, we have met with the people of Isle of Capri and the majority of them think it is a good idea" with just the information we all have and which I think is not enough information to do anything other than we continue to look. But there is nothing here that tells us this is a good idea. Speaker: This brings me to a next lecture of mixed investigative steps. Rod: From the Board here? (Yes). I'm not sure what our next step should be here because East Naples are holding these meetings; they are the ones holding the meetings. Speaker: Let's step back a little bit and read ahead between the two unions. Does that mean that if we merge, you are going to be unionized? Rod: Oh, yes, that is guaranteed. This department will become East Naples Union. There is no way around that. You will have a union department. Right now, there are only two departments in the entire county who are not unionized and we are one of them. Speaker: Comes back to the basic question: What is in it for us? We are chartered to look after the people of Capri Fire District. And what we have done so far, no one has answered that question satisfactionally to me. Rod: The only thing they have stated is that they will put three people here right away and that is a plus. Speaker: Then they are not going to build a station. Rod: They have no intentions of building a second station. Whereas I am looking at the possibilities of a second station and am still going to look at that as well as improve the n /6z /C// equipment we have here with the money we are starting to receive. We are starting to get projections of all of the construction on Main Sail Drive and we are looking better and better every year. Speaker: How many times, this year to date, has not having that third person put anybody in danger or at risk? Rod: It's not that it puts anybody in danger per se but... Speaker: How has it affected your response? Rod: It has not effected our operation at all that I can honestly say, it has not, in our district affected our operation. Speaker: If you had 3 people, would anything been better? Rod: If we had 3 people it would, because if one calls in sick I would have 2 people on duty and would not have to spend overtime. It happens if I have somebody in school, on vacation, calling in sick, I have to call in overtime. The 3 people would be a plus in that aspect alone, we would save money in the long run. Speaker: The added cost of that third person would not be as much as the overtime saved? Rod: Correct. Because you would be guaranteed overtime with two people. You are always guaranteed overtime because somebody is either sick, on vacation, family crisis, away at mandatory school they have to go to and I still have to cover that second person. Having recognizing that, I am collecting all of the information from all of our new construction and we are going back to the Clerk of Courts and looking at all of the taxes being collected and are projecting what we are going to collect in the next 2 — 3 years to start hiring personnel starting in October. We know that this year we were able to put into reserve $84,000 and I can't remember the last time we had $84,000 in the budget. Right there we have 1 and a' /2 person sitting in reserves right now. Speaker: If we were going to be questioned at this point, well, they are going to make sure you have 3 people every time, we could turn around and say fine, it would be better for us to have 3 people at all times and we are making that happen. Speaker: I don't understand if we are spending more in overtime right now than the 3`d person it costs, then why can't we have the 3rd person. Rod: Because we did not budget for it. We can't go into the middle of the year. Speaker: Can we budget for next year? Rod: Yes. Now, when we start putting the budget together, I am going to come to you with a lot of numbers and say this is our expanded level of service. 16,T- !C /j( Speaker: Do we know what may be build down the road? Rod: Yes, we know everything that is going to come in here projected. But what we are concentrating on right now is what we know for sure is going to happen is the Main Sail Drive area. And we know for sure of the permits that are getting ready to be pulled, the permits that are sitting and how much money that is going to be bringing in. That is what I will be bringing to the table when we start on the budget. Speaker: I think we have to forecast out 6 — 8 years so that there are reasons we might be better off being alone. Getting funds and stuff. Rod: Right now we are working, my self and Alan are collecting a lot of information. We are putting together a packet that when we start on the budget, it will be our expanded level of service. We are going to downgrade our equipment somewhat and at the same time we are going to gain and putting in for a brand new engine that is going to take care of our high rise area that is going to take care of the island here. We are already looking at the financing on how much it will cost us a year if we get rid of the Attack Truck and an engine and buy us a brand new engine which will cost us $30,000 a year. But in all actuality, it will only cost us $15,000 a year because we are going to be getting rid of a $15,000 payment of the Attack truck so we are only gaining $15,000 but yet we are going to be putting a brand new piece of equipment that is going to increase the level of service for the entire district. Speaker: You also have the ability as a taxing body to do that on a tax exempt lease. Rod: That is what we are doing. We have already met with the manufacturer, the leasing company, trade -in and these are the things that will be presented to you all when we start formulating the budget for October. Speakers: Briefly, you've taken care of the added personnel... The added personnel we are going to put in the budget for next year. If the merger would to go through, when would the approximation be effective? Discussion regarding the merger and 3rd person in regard to budgeting the 3rd person for next fiscal year. Rod: If the merger would go through today, they would put 3 people here today. They would put an officer here like a lieutenant, a driver and a firefighter. If we put a 3rd person here, we would promote a person on the shift to a lieutenant. We are already heading towards that. Speaker: That's what I think we ought to do. We ought to take it form by form. Get all the forms for reasons to march and take them one at a time and go through it. Speaker: And then have the forecast out what we would do if we were just alone. One advantage is that you probably already have is that you can get money from the county. 10 16:7- /M' Rod: No. The reason that was explained to me back in the years we needed help and the county couldn't give us money even though we are governed under the county is because they can not subsidize our budget because we are a special taxing district. That was the information given to me from the county so we are basically on our own. Speaker: I thought you said something to the point that you were able at one time to go to them for something you were going to do this year. Rod: The only money we get from the county now is that we receive rent from the general fund because EMS is here and they also pay a small percentage of our fire boat repairs every year. That is the only money we receive from the general fund right now. When we blew the engine in the fire truck, they loaned us $20,000 until the beginning of this year then they removed it because it was considered an emergency and we paid them back, but not interest. Speaker: If you stayed as an Independent district, is that something that is still available? Rod: If we were to stay, nothing would change. If we go Independent, like East Naples, then the only way to get any money is through loans, bonds, whatever but the county would not give us any money. Right now the County is responsible for us, no matter what, even though we are a special taxing district. If worse came to worse, if we ran out of money right now, they could not close the fire department. They would have to loan us the money. That is where we are right now. Speaker: I'd like to ask them (CCBCC) to respond to the rumor that is going around that the Board does not wish to continue our present relationship and would rather see us merge or become an independent district. Is there anything to that rumor? Discussion regarding Collier County Board of Commissioners and how talks of merger are starting to go out to the community. Rod and Advisory Board have not been informed nor e- mailed of any future meetings to be held with East Naples. Rod will advise and advertise any future meetings. Speaker: Jim, on your five minute report, are you going to ask them (CCBCC) about this rumor? Jim: Yes, that is my objective. Meeting adjourned at 7:15 PM. Minutes prepared by Lillian Tomasko. 7 X62 It �y CHIEF'S REPORT tN'lar-ch i, 2004 OPERATIONS REPORT Isles of Capri Fire/ RCSCUC personnel pro% idc 24 hour emcrgcnc% scn ices for the Isles of Capri conimunit\ N%ith a consistcnl mcragc response time ol-3 to 4 minutes. From K 00 1 m to UX) a.Ill , a minimum of at least two fully state certified Firefighters arc assigned to the fire station. From 8:30 a m. to x:30 1.111 the EMS Medic 18' unit with t\%o medical personnel arc assigned to the station. In the c cnt ofa fire or medical emergcncy, a minimum of four and ,,enerall\ fire trained professionals respond to dour request for help. Additionally, the Isles of Capri Fire / RCSetic Department has the onk Ad\ anccd Life Support (ALS) equipped boats in Collier CormtN'. This means that a medical cmergcnc\ on the t\ater, be it a heart attach or traumatic injure, can be handled with the most advanced e11lergenc\ care possible in the field. The Isles of Capri Fire / Rescue Department \\elconles citii.ens to stop b} the station for I'rce blood pressure checks We also pro\ idc home and condo fire prc\cntion inspections. along \� ith CPR cusses This month %%e t',ould like to rccognir.e Thomas Drumheller Ior his generous donation ol'a boat for our Marine Rescuc Division. Thank V ou Tom! YEAR 2002 MONTHLY TOTALS TOTALS In District Out of District Total 2004 to date MEDICAL CALLS: 1 122 1 16 1 17 I 32 Emergency medical: MedFligM LZ. Other Medical Related MARINE /BOAT CALLS:. $9 I 4 2 6 8 Boat fires: Rescues. Haz -Mat: Public Assists: Special events: Dive Team Request • MARINE /BOAT CALLS:. $9 I 4 2 6 8 Boat fires: Rescues. Haz -Mat: Public Assists: Special events: Dive Team Request YEAR 2001 In District Out of District Total 2001 to date TOTAL CALLS: 1 428 28 18 46 92 • YEAR 2001 In District Out of District Total 2001 to date TOTAL CALLS: 1 428 28 18 46 92 !61 rc /Y O m r rn O N cn N CNT UI cq s j j W N N'2 f0 b. W N A n CNJ > N O 9 O m U1 O O O O O O O N A ?+ A n= m m o m << m A A u mm��_+c�m�mcy -A c m Az�mm� �m m cm z CCU) �cn D Z m m is m m . �D� 2 w ro ozc-i � m� $ n -{ vmZG) cn� a o Z m =� D� Zcmn G N 6' A a � C o A O W C a D. 0 1 N CYI A 0) r COfI O N O p p�p W 0000 N �I CO 0 O 0 0 c O O p r C W O CNO 10 O A r W > V 1010 Z O 4 p M OV A O !C A (W0 v �D ? N V N O_ W O,D -Od O O A W CT O N m 7 CWiil A . j C DI O A G71 (p 0) V K Ol O W � O W K c. 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Meeting Time: 6:30 PM Attendees:' Chief Rodriguez (ICFD), Jim Lewis, Tara LeGrand, Jay Cavanaugh, Benjamin Pearson ici/ Speaker: This is a special meeting of the Isles of Capri Fire Control Advisory Board to try to accomplish and complete all the work on the budget, as requested by the County. We are going to at the moment, pass on any of the normal meeting agenda items and immediately concentrate on the budget. Chief Rodriguez: Passed out preliminary budget that I've worked on for the past week. What I did is, I have it here on computer for any changes you'd like to make and we can make here on the spot and I'll print out the copies. I went into the forecast and highlighted all the columns we are going to be looking at which is basically the forecast for the rest of this year until October 1 as well as the requested `05 budget and expanded budget for `05. Expanded budget is for something we are requesting above what we normally get. Such as, if we are requesting for personal or requesting for a specific piece of equipment like we are of a fire truck. Being that said, what I did was I went ahead and forecasted the entire budget for the rest of this year as well as the requested and expanded side of the budget. We balanced for `05 and are well within our budget this year. If you go down to the second to the last page, it gives you the reserves, the fund total expense and the fund total revenue. If you look at the forecast for '04 the expense side will be by the end of September $635,400. The revenue we will be bringing in $697,700. We are well within the budget and gives us a carry forward. Speaker: Is that what was forecasted. What kind of glitches can show up? Chief Rodriguez: With the amount of reserves we currently have, $84,000, in reserve right now, we could pretty much handle anything that may come our way. Speaker: So we have $84,000 not counting the $62,300 we may have at the end of this year? If we brought $84,000 forward... Chief Rodriguez: From '03 budget, because of the Ad Valorous came up higher than what we projected, so all of that extra money went into our reverses. It shows right here under the adopted budget for '04, if you look at that last page that says $84,300 dollars as amended. If everything goes as planned, for next year reserves requested will be $92,100 for the requested '05 budget year. Speaker: Why wouldn't we have reserves of $146,000? Chief Rodriguez: Because this $84,000 goes into the total Operating Budget. By September 30, our expense will be $635,400; our revenue side will be $697,700. We are well within the budget which will carry forward to the next year which will go into reserves of $92,100. Now the requested side for '05 will be on the expense side $737,900. The revenue of $737,900 which we K /�.7 lc /y balanced, which will give us a reserve of again of $92,100. We move into the expanded '05 and are requesting $85,150 for the expanded side. What that amounts to is one full time person, if you go to the first page of the budget and is broken down. Second page: Downsize fleet and upgrade equipment we have by replacing the old yellow fire engine and getting rid of the little attack truck and purchasing a brand new fire truck, which is right here. Total payment would be $35,250 a year with the first payment starting in '06. We still have to show the payment on here, with a total of 10 years of financing. Total truck is $264,979 for the type of truck that is going to exceed the level of service we have now as well as give us the proper vehicle we need for Main Sail Drive. Speaker: Now that you brought up this question of vehicles, I got some questions. A year ago you bought a piece of equipment 2nd hand from Marco, the red truck, how is it doing? Chief Rodriguez: That one, we replaced the engine on it this past year as it blew. The engine blew from wear and tear, nothing that they could have seen. It just happened and they replaced the engine for it. It is nothing a mechanic could have seen ahead of time. Discussion regarding current condition of truck from Marco. Chief Rodriguez: This truck will be used as a 2nd truck and has warranty. One brand new engine which will be the front line truck used for Isle of Capri, Main Sail Drive and Fiddler's Creek. The reserve truck from Marco will be our back up engine. The brush truck also. We found out that the boat that we would be receiving from CCSO ended up where EMS came in over our heads and traded 2 ambulances for the boat so the CCSO gave the boat to CC EMS for them to use to take kids fishing. It will not be used as a rescue boat. Met with a mechanic that does fiberglass work on boats where our boat is being kept because Parker was going to send the equipment free of charge. After having two independent people look at the boat, it is not the material that is expensive, it is the labor. It is too much. Discussion regarding Parker and materials. Chief Rodriguez: Labor would cost $10,000 will no guarantee on how the boat works. We have to change plans and look at a used hull and transfer existing equipment. Speaker: Give me a month and I will try to get $20,000 in donations to look at the hull. I will look through the proper channels. Chief Rodriguez: Meanwhile, we have used the Nautica. We are on the call before Marco is in the water. Boat equipped with fire protection and has used it on a fire call already. Boat in full service. Speaker: I was also told the other truck is in very bad condition and is constantly being repaired. Chief Rodriguez: The Yellow truck, the one we are going to trade in, we can't get it to pass the pump test and that is why we are getting rid of that one. On another note, we have filled out the new FEMA grant that is out there for an additional truck. If we get awarded that FEMA grant, 3 /d-7 /C /� we are getting rid of that truck and we are going to have two identical fire trucks. One that we bought and one that the Federal Government bought. All of the paper work went up front of CCBCC today for approval for requesting them to give us authority to put in for the FEMA grant, and I believe that went in through Consent Agenda and I am sure they signed off on it. That would be for the exact same amount for the exact truck. If we get the FEMA grant, which we have a very good chance as we have been working with the Grant Coordinator for Collier County has helped us a lot in the writing of the grant so if we get awarded that we will have 2 brand new fire trucks. We are working with HB with the trading of impact fees to upgrade this station here. To increase the bays, to make them longer, another 10 feet and to build an additional bunk room, additional office for the growth as we hire the personal. So far, with all the meetings with WCI, they are happy about it as we will be using them. No revenues will be impacted. We met with County for approval. Discussion regarding expanding fire station opposed to building a second fire station. Speaker: When you say 3 fire fighters, you are looking forward again. Chief Rodriguez: I'm looking at matching or go beyond what East Naples is saying. That is our goal here. That is why I have put in an additional fire fighter for October. Now depending on the new figures coming out on Ad Valorous, I'm actually requesting for 2 additional fire fighters but on paper here it is only showing for one because that is what the numbers is allowing to show for right now. When we submit the final budget, there will be a note, depending on final outcome for Ad Valorous, if we have the additional money to hire an additional full time we would like to hire an additional full time which would give us two more full timers. That is what we are looking at right now as far as the budget. I was very please with all the numbers as far as operating budget goes, I really didn't increase on the operating side because we have done a lot of purchases here in the past two years with new equipment. Even though the trucks are old, the equipment is only a couple years old and is transferable. The truck that we are purchasing is just the truck we are just going to be taking equipment off one truck and putting it in the new truck. We have been working with E1, the factory out of Ocala. Once we get the approval, everybody is welcome to ride up to Ocala and get a tour of the factory. They have prepared this book for us with all of the specifications on our truck, prices, finances and etc. Discussed how truck ordered meets district's needs. Speaker: What is Investor's Interest as noted on spread sheet? Chief Rodriguez: Discussed investor interest and lowering interest rates. General discussion regarding numbers on Operating Budget. Chief Rodriguez: These numbers are going to change again because the final numbers will come out in June or July. We know they are requesting '05 Ad Valorous of $616,900 and we know it is going to go up higher than that. The Main Sail Drive area and Twin Dolphins, you are going to see with the other paperwork I provided with the anticipated revenues from new construction, we are in pretty good shape. Next year we are even going to be in better shape and the year after that we will be tripling our budget. 2 14 z l(f /y Speaker: It is good to feel comfortable from the money standpoint. The challenge is to provide the level of service that that kind of income makes possible. Chief Rodriguez: That is why we are going to gear up in apparatuses and we want to get all the old apparatus we can possible get rid of and concentrate on the fire truck, brining it up to standard to increase the level of service for the entire district. As well as reducing, getting rid of the attack truck so that is going to be saving money as well as increasing the level of service because of the gas, maintenance and the insurance for the additional vehicle. We are looking at all of that and making it happen. We received all these numbers from tax collector office as well as the WCI project. They are not actual concrete numbers but this is was they are giving me right now. With Ad Valorous, the average sale per unit has been $750,000. 85% estimated tax value of $637,500 per unit for a fire assessment of 1.5 million. We are receiving $956 dollars per unit times 116 units projected revenue for that tower alone is going to be $110,000. That is just the Ad Valorous. We think it is going to be a little higher. This is just preliminary numbers from the Tax Collector. We are looking at Bourgese, the other condo 77 units there. Average sale has been $475,000 per unit built at a tax value at $403,000. That is going to bring in an addition $46,000 and then we are going into the second high rise, just before they are going to build, saying they will sale for $600,000. That would bring in $88,000. The third high rise will be another 116 units. We are going to be looking better and better every year. General discussion of tax collector and developer. This is a conservative estimate. Motion to be made to accept the budget: Seconded. Budget Passed. Meeting adjourned at 7:20 PM. Minutes prepared by Lillian Tomasko. 5 Fiala f Halas Henning Coyle Coletta ISLES OF CAPRI FIRE / RESCUE ADVISORY BOARD AGENDA CHIEF'S REPORT April 1, 2004 A. OPERATION'S REPORT B. BUDGET REPORT OLD BUSINESS Fire Department Merger NEW BUSINESS /6, Z- /C /q 11o.1- l e)y CHIEF'S REPORT April I, 2004 OPER.-,T10 \S REPORT Isles of Capri Fire / Rescue personnel prop idc 24 hour emergence services for the Isles of Capri conllrtunite leith a consistent aeera,e response time of 3 to 4 minutes. From K:00 a.m. to 8:00 a.m., a minillrunl of at least wo fulle state certified Fircl'iahtcrs are assigned to the fire station. From 8:30 a.m. to 8:30 a.m. the ENIS Medic IK unit Leith t\%o medical personnel are assigned to the station. In the event o1'a fire or medical emergence, a rllininnun 01' four and �!cneralle fi\c trained prol'cssionals respond to your request for help Additionalle, the Isles of Capri Fire / Rescue Department has the onle Advanced Life Support (ALS) equipped boats in Collier Count\. This means that a nledical elllergency on the 1\ater, be it a heart attack or traumatic injure, can be handled \\ ith the most ad\anced emergence care possible in the field. The [slcs of Capri Fire / Rescue Department 1\elconlcs citii.cns to stop bN the station for free blood pressure checks. We also proeidc home and condo fire prc\e tit ion inspections, along Leith CPR classes. This month 1\c leould like to recognize Thomas Drumheller for his generous donation of a boat for our Nlarirle Rescue Division. Thank e0u Tom! MONTHLY TOTALS 2003 to Date !n District T Out of District Total 2004 to date FIRE RELATED: 79 10 20 30 I 83 -In district includes Dist 1' Brush fires: 5 0 1 1 1 Vehicle fires: 1 0 0 0 0 Structure fires 9 0 3 3 10 Fire alarms. 20 5 9 14 24 Vehicle Accidents 16 2 3 5 20 Move -ups: 16 XXX 4 4 19 Haz -Mat 4 0 0 0 1 Public Assist 5 3 0 3 6 Special Event. 0 0 0 0 0 Other fire related' 3 0 0 0 1 2 MEDICAL CALLS: I 34 9 1 1 10 43 Emergency medical. MedFlight LZ: Other Medical Related MARINE /BOAT CALLS: I 11 3 1 4 1 7 14 Boat fires Rescues Haz -Mat: Public Assists. Special events. Dive Team Request YEAR 2001 In District Out of District TOTAL CALLS: 1 124 22 25 Total 1 2004 to date J 6.7- lfA/ Meeting Location: Isles of Capri Fire Control and Rescue District, Station 90. Meeting Time: 6:30 PM Attendees: Chief Emilio Rodriquez (ICFD), Jim Lewis, Jay Cavanaugh, Benjamin Pearson, Tara LeGrand, Deputy Chief Alan McLaughlin Speaker: Before we get into the agenda items, there are some housekeeping items I'd like to take care of. First of all, at our budget meetings a week ago, absolutely, the smoothest, fastest, easiest work for this board for a budget that I have ever seen. There are several reasons why this is so, but I think the main reason is the tremendous preparation work done by Chief Rodriguez in putting it all together. Therefore, I would like this board to make a formal vote of thanks to chief for his work on the budge this year. Motion seconded. None opposed. Secondly, I'd like to propose another vote of thanks this time to the CCBCC for granting us that Ad Valorous Tax. It has made our work much, much easier has given us the means to do the job that they want to do, without it, without their cooperation, I do not know how we would have gotten by. Again, I'd like to propose a formal vote of thanks to CCBCC. Motion seconded. None opposed. Third, I received a letter that I was asked to read to the Board. From the CCBCC, dated March 22 addressed to me and reads as follows: On behalf of the Board of County Commissioners, I wish to extend our appreciation for your presentation to the Board on March 9, 2004 regarding the Isle of Capri District Advisory Board. Your participation and leadership of this worthwhile Board has proven to be very beneficial to our community. The time expanded and efforts put worth by your members are reflected in the resulting accomplishments. We ask that you extend our appreciation to the members of the entire Board for a job well done and encourage you to continue with your efforts on behalf of the residents and visitors of the Isle of Capri area. Sincerely, Donna Fiala, Chairman, Board of County Commissioners. Request made to Chief to have this letter framed. Operations Report: Chief Rodriguez: Last month: Fire related calls: 30 calls Medical calls: 10 calls. Marine/Boat calls: 7 calls Total of 47 calls for the month. 2004 to date: Fire: 83 calls. Medical: 43. Marine/Boat calls: 14 140 calls from January to current date. Budget Report: Last week we had the budget meeting so I believe everyone has a copy of the budget. I will give everyone a copy tonight. That has been submitted on the 30th of March to the budget office for their approval. Now it will go through the county process. My next meeting with the county will be in front of the County Manager for his review of the budget. We should have our final 2 /6_Z /cif numbers from the Tax Collector's office in June /July. The budget will be updated at that time on whether we will be receiving more money and where that money is going to go. My suggestion was to the Budget Office and I feel it is the same as the Boards that any additional money will go to the hire of the 2nd full- timer. Right now we have in the budget to lease purchase the new engine of $35,000 a year as well as hiring an additional full- timer. This leaves us to hire one additional full -timer at approximately $49,000; that is with the salary and benefits. So we are just waiting for the new numbers to come in from the Tax Collector's office. If it is not enough to hire a full- timer, then that money will be placed in Reserves for contingences. We will not lose the money either way. Discussion regarding last year reserves, the hiring of a full -timer and the budget. Chief Rodriguez: I'd like to thank the Board for helping me and approving the budget and not having any objections to the recommendations I made. It is good to have the full support of the Board. It has been the smoothest, quickest budget meeting I have ever had. Also, all of the work the Assistant Chief put in and providing me with the documentation on the new truck. I think he could tell you I crunched his numbers and we went back and forth a couple of times. We both came to an agreement where we have what we need and we will be happy with the truck we get. A lot of work was put into it. Once it gets approved that the truck is under construction, like I extended last meeting, you are all welcome to go up to the factory and watch the truck in its stages. I think it would be really neat, we could all pile into my truck one day and take a road trip up to Ocala and look at the truck while it is being built up in the factory. You can actually see what it takes to build a truck. They are under the state contract bid. General discussion regarding truck. Old Business Speaker: My thought is that we should make a listing of what our perceptions are of what Chief Schank is offering this department. Record them as we make notes on them. Rather than evaluate them, I'd like to, perhaps at next meeting, to have Chief Schank come back and see if there is anything further he wants to add to what we have recorded and what we believe he is trying to sale us. Chief Rodriguez to arrange meeting with Chief Schank in May. In June, we should sit down as a closed group here, without any other invitees and see what we can plan to do with what we have forecasted with our budget. What we know about impact fees and what we can realistically expect in Ad Valorous. We can make an analysis of the best possible numbers we can crunch on who we can visualize the expanding the existing department so as to provide as good or better level of service that could be provided in the event of a merger. The figures indicate that we are capable of maintaining or improving our level of service so that it would be better, or as good, as going into a merger. Then we will be in a position to make a formal statement of recommendation of whomever. Chief Rodriguez: I think we could also show that as the district is growing, so are we. We could show the past 5 years of where we were to where we are today and where we are going 5 years from now as the entire district is growing. We are meeting the challenges, we are not there yet, but I think we will get there. All of the projections I gave out last meeting, all of the money and 3 /6Z. /C /1Y Ad Valorous taxes coming into the district, not only are we going to meet our challenges, we are going to exceed that because of the money that is going to be collected. Speaker: For the purposes of talking to Civic Associations, if necessary CCBCC, to any interested groups, we need to express it in personnel, how you are going to do more than you are doing now so as to meet the growth we anticipate. Someone is addressing the board regarding his recommendation. Speaker: That is the kind of data we need to get together, in some type of graphic dramatic form so that we are all convinced that we are better staying on our own. There are people out there who want to see us merge. We are going to have to have a strong enough and dramatic enough presentation so that it is convincing. I think we can do it. Discussion regarding procedure of making recommendations in June, and to whom. Speaker: Volunteer to record. What we were promised: ✓ Guaranteed 3 guys, every day, on every shift, immediately ✓ Respond to any call with a lieutenant, driver and fire fighter ✓ All present personnel would be retained, with the exception of Chief Officers ✓ Chief Rodriguez would be retained in Special Projects with same pay ✓ Deputy Chief Alan McLaughlin would be retained with same pay ✓ Isle of Capri Advisory Board would remain in tact ✓ Larger response to a fire, mutual aid (resources) as we have now, and have 3 -4 trucks responding Chief Rodriguez: They are meeting with the Ochopee's Board on Monday Night. All are welcome to go. Because of Sunshine law, I will have to advertise it here. Their proposal to Ochopee: They are going to disband Ochopee and Everglades and hire all personal because they are at 4 mill tax rate and subcontract to Ochopee and merge with us because we are at 1.5 and we have money. That is what they are going to talk about at the Ochopee Meeting on Monday; options will be discussed. General discussion regarding Ochopee's options. I will be there to hear the information put out. General discussion regarding property value in Everglades. General discussion regarding level of services from Everglades Fire Department. General discussion regarding Port of the Isles and a Fire Department. Chief Rodriguez will attend that meeting. General discussion of the meaning of "package deal ". Speaker: I want to reiterate so that we all understand clearly what happened, Alan was there, that I asked the CCBCC whether there was any substance of the rumor that was going around here that they wanted to divest themselves of their relationship with us. After talking amongst 1 16 7 /c/y ourselves, they said absolutely no substance to it. The impression I got was that they would just assume carry on our relationship indefinitely into the future. So we are not under, you will recall how Paul asked the same question to Dan Summers and he also said from the County point of view, that there is no pressure to make any changes. We will include those facts into our report. Any thoughts, any recommendations? General discussion regarding why merge, why not merge. Discussion regarding becoming an Independent District would be discussed at a later date. Resident of Isle of Capri addressed the board with his concerns regarding this possible merge. He stated his concerns have been addressed through the Board's discussion. End of tape. Minutes prepared by Lillian Tomasko. 5 Fiala ISLES OF CAPRI FIRE / RESCUE Halas _ ADVISORY BOARD AGENDA Henning CHIEF'S REPORT Coyle July 1, 2004 Coletta A. OPERATION REPORT B. VOLUNTEER REPORT C. TRAINING REPORT D. BUDGET REPORT OLD BUSINESS ICFD Board Merger Letter Ocala, Fire Truck Factory NEW BUSINESS Board Vacancy / &Z fC /y Meeting Location: Isles of Capri Fire Control and Rescue District, Station 90. Meeting Time: 6:33 PM Attendees: Chief Rodriguez (ICFD), Jim Louis, Jay Cavanaugh, Benjamin Pearson, Tara LeGrande Operation Report Chief Rodriguez: Chief's report for last month: Fire related calls: 31 Medical calls: 23 Marine/Boat calls: 2 Total calls: 56 Chief Rodriguez: A lot of fire alarms because of the weather and all of the lightening set off a lot of the fire alarms. Speaker: How do you respond, do you actually go to the site? Chief Rodriguez: We actually go to the site. We go to the electrical room where the panel is located. We look at what floor and what type of alarm it is and then we send the firefighters up there to investigate to make sure it's not a fire, to make sure everything is ok. They have to treat it just like it is like a fire because you don't know. Speaker: Most of them then are apartments? Chief Rodriguez: Right. Like La Pensacola, The Twin Dolphins, the new high -rise now that is in place. We have already had several alarms. Speaker: But not much in the way of single - family homes? Chief Rodriguez: There are a few single - family homes that have alarm systems so we respond to those as well. Speaker: Marine calls were way up too. Chief Rodriguez: From last year, yes. That is it for the Chief's Report. Volunteer Report Chief Rodriguez: What we are doing now is that I want to be able to report every month, we are going to start, but I don't have the paper work yet as far a Volunteer's Report, but what we are putting together is an actual separate report for Volunteer's. But what I can give you for last month is the training, the amount of hours the volunteers trained and that was 3 hours and only one volunteer attended the training. That is Andrew Schwartz, yes, for last month. But we are going to have one every month now that have a Volunteer Report that will have the actually have the amount of calls that the volunteers have ran for the month, the amount of training, and the number of volunteers that have done the training and the amount of calls for the month. So at least we can have some type of statistics to go by while we are putting together a different type 2 / 6 z Af /Y of volunteer program. This is a way for us to start tracking more; it will help us keep (interruption), right. Training Report Chief Rodriguez: Moving on to the Training Report for the paid personnel. Last month they attended 249'/2 hours of training. All of the paid personnel were certified last month as the basic certification for Airport fire fighting. They went to the City of Naples, they had, I don't know if you saw it in the news, but they brought a mock plain, a training plane where they set it on fire, inside and outside and all of our paid personnel were able to go through it and get the minimum certification through the FAA being that we deal with Marco Airport. We thought it was a good idea to get them exposed so they all attended that. The training hours have gone up, and will continue to go up during the summer because that is the time we can spend more on the training. We were pretty happy with the amount of training. This also, for your information, this is going to help us with ISO rating. Right now we are going through ISO recertification process. Where we are in contact with the ISO Company and we are submitting documents as they call for them, like the training records, the apparatus records, the hose testing because we have to test our hose every month and year. This will help us lower our ISO. That is why we are keeping such good track of all this stuff. We feel we should be able to lower our ISO rate very soon. Speaker: When we do that, can we publish that? Chief Rodriguez: Oh, I want to make sure that we publish... Speaker: We made a $2,000, last time; it makes no difference in insurance for driftwood. Chief Rodriguez: And also the commercial where the savings is substantial amount is the commercial sites. The ISO rating is unbelievable with the commercial as well as the single - family homes and condos. Everybody wins. Our goal is to at least reduce it by a couple points. We are currently at a 6 right now; we missed a 5 a few years when we did it by 1/2 point. When we first did the ISO rating was back when we were all volunteers. Now that we have newer equipment and paid personnel and we put in 2 new hydrants at the beginning at the Island, the training records, everything is ready to go. We feel very comfortable that we are going to be able to lower it. That is going to bring a savings to all the taxpayers. Speaker: It is one of the benefits when we raised the millage that we had more money to spend. Now we are getting benefits, so it really cuts down on what we need to spend on the taxes. Budge Report Chief Rodriguez: I don't know if you all had a chance to watch the meeting Tuesday. I was there all day for the Budget Review in front of the Board of Collier County Commissioners. I was the last one at 5:30 PM. I was there since 9:00 o'clock. But our budget went in front of the Board with minimal, they all voted 5 -0, unanimously for our budget. The only question that they had was our Board involved and you all knew what we were putting in for, and I said "every year ". They just asked a couple questions about the new truck but other than that, flying colors. I was very happy about that and it was worth waiting 8 hours to get in front of them for 5 minutes worth of my time. Just for you all to know now, the next step is the public hearings in 3 1� z icA/ September, but we all know that is just a formality. So I am happy about that. Any questions on the Operation's side? Speaker: Well done. Accepted as read. Chief Rodriguez: One more thing, in your packets there, I added a phone list of all the personnel here just for your information, I have never done that before. I've never handed that to the Board Members but I thought that if you wanted to get in contact with any specific person here that you don't have to call the station here to get their number. You can just call them direct. Speaker: What is the "Job Bank" here? Chief Rodriguez: These are part-time guys, Job Banks, that we only them as needed, to be paid. Speaker: OK. Speaker: Any further comments on the.... Speaker: I will say that I know at least one citizen wrote a letter and did some research and wrote a letter to the County Commissioners about the rehiring or reinstatement of Layton. Against the reinstatement of Layton. He called me and told me. Chief Rodriguez: I haven't heard of any thing. He is on this shift. We haven't had any problems at all, hopefully. Speaker: How are the other people reacting? Chief Rodriguez: I think everybody now is... Speaker: ...gotten back into the... Chief Rodriguez: Yes, yes. Old Business Chief Rodriguez: I guess we can proceed on to Old Business. For those of you that were not here last week. I was able to give you all a copy of the letter. Hopefully you all had a chance to see both letters. There was some misunder ... I don't know if you would like me to present it. Speaker: I'm getting some steam worked up, ha ha ha Speaker: Before we do that, I think the three of us at least owe you an apology for sending out a letter without them reviewing it to begin with. On my behalf, I apologize to that at least I don't think ( ?) should have done that. Speaker: I think frustrated, that letter should never have been thrown out. Speaker: Why is that? Well, I don't think have been at that time either. F01 16 1- /C /V Speaker: The job that you are asked to do is to take a text and put it on the Letter Head form so then it could be sent out quickly. Speaker: That really wasn't the job I was asked to do. I know it is a problem when we have to go in between somebody, but Speaker: Suppose you tell me what you think you were ask to do. Speaker: I was originally asked to draw up a letter. Speaker: Yes Speaker: And then give it to you (yes). And you came back with another letter (yes). As far as I was concerned, I was to review that and make any changes and give it back to you, which I did. Speaker: How did you get that information? Speaker: He didn't tell me to do that, I just assumed that. And I gave it back to you and I guess you did not read it before you signed it. Speaker: I glanced at it because I assumed what you assumed, that Biff and I agreed ha ha ha. Speaker: That is the problem when I just can't call you and we can't just talk about Tara: muffled.... additions and corrections and make sure you are all bases are covered so it is a matter of passing the letter around and getting it approved. ...like sign off on it? Speaker: Yes, that is what we should have done. One of the reasons that I assumed we were in a hurry to get the letter out was because of going public. (muffled) ... public... in the paper there are some inaccuracies in there. But that still does not justify us not going to you two and getting it approved. And I think by doing that this other assumptions and stuff would have been cut out because you just, if your signature isn't on there that means you don't approve it and make changes accordingly. Because everybody should have an input, it is not a letter from anyone individual. It is a letter from the Board. Speaker: No, signed by me. Speaker: I was also going to start this off by, but I have gotten over the whole thing and read the Minutes from that meeting and I really concur and would have concurred all the way along with what was going on. The result and everything is exactly what I would have done. So if I reviewed it, 1 might have made some changes, grammatically, whatever. But I still guess, I would have thought whatever the result was we would have signed off on it tonight. Speaker: Yes, we should have. It was a mistake. Speaker: Do you have any comments? G J 1 &Zfcj Tara: I think that the improvements were great. I think if I had read the letter, I would have cropped off, added to it, deleted, comment on it and passed it around. Speaker: Which letter are you referring to now? Tara: The one we are talking about right, the one from Commissioner Fiala. Chief Rodriguez: I gave them your original letter as well as the letter that went out for them to make a comment on which letter. Speaker: I'm trying to get clear what your thinking is that the letter as it went out is an improvement over the draft. Tara: Oh, absolutely. It clarifies things; it states things in easy enough language. I think it is an improvement without a doubt. And had I gotten this, I would have considered this a draft and I would have written on this one. Speaker: But I was sitting there last night thinking of all this and I wonder if I should be ah, talking this all up because someone said on the phone to me... you know there is going to be a lot of questions about it ... I know it was out, that is why I didn't anything except to read the whole thing and generally confer that this is what ... you said something in the letter about the fact that we think this is unanimous and you know, it would have been unanimous as far as I was concerned. Speaker: (muffled) ... The members of the Board will adhere. Alright then, I retract. I thought that the letter that went out did some harm as opposed to the letter that I wrote. Chief Rodriguez: Has anybody received any, for those that live here on the island, has anybody spoken to any of the residents? I haven't received any calls. Speaker: I had several calls. Speaker: I have had no feedback. Speaker: I've had some people call and say they badly took the position it took. Speaker: I've had two people that were with us that were very happy that said something to the effect "well you said you were going to do what you did and you did it so "... Speaker: You mean the Fiddler's Creek people? Speaker: No, these were people that live on Isle of Capri and they are working adults. Speaker: Quite honestly, I was very concerned that we just started; this was just presented to us in May. Because it made it look like we did not enough time. Speaker: This is the thing you are talking about? no 16 -7- 1c /�( General discussion. Speaker: And I think that played a little part in us getting the letter out. At least it did on my part. I was kind of oblivious; I don't know why, I don't know, it was a mistake. Chief Rodriguez: I think what caught us is when the few people showed up and we had M.C. and C.R. They wanted to put this out immediately and that kind of put the Board in a position where we need to get it out and I think that is where we made a mistake and not... Speaker: Yah, we were trying to be professional, being professional about the other Boards. You hate to hear, have them read stuff like this in the paper and then it is a month or two before we get our letter out. But anyway... Chief Rodriguez: I think right now, what I've been ( ?) with my guys also is that if they receive a phone call from the residents, whether they are in favor of it or against it, to send, have them send an e-mail to Donna Fiala and the County Manager. Because right now we are at a point that we really don't know what the County is going to do. The County has this letter but now we don't know what the next step is. Speaker: Maybe I'm not hearing (muffled) at the meeting today. Chief Rodriguez: No, nothing at all. But the County Manager ... I know that that was not too happy with East Naples in the fact that they put out the study before the County had a chance to.... Speaker: I knew at that meeting that was a mistake. I knew they were making a big mistake. Tara: They put out the study before what? Chief Rodriguez: Before the County staff got a chance to take a look at it and review it and say.... Speaker: Exactly what we did, hahaha Chief Rodriguez: So, but I think in this point of time, every resident that we come across that has a question, whether they are in favor of it or against it, I think they need to let the Commissioners know and I think they need to send e -mails to that effect. Speaker: Well, (muffled) we can do that I guess. I want to talk with M. Crowley when she gets that column out and I can also talk to B.B? In fact he called me, and I read him your letter and said this is what we sent to The Board of County Commissioners. And he was very pleased with that information. What he is going to do with it I don't know. But I can call both of them and ask them to ask their readers to show their support or that they are against it. And let them know that the Board of County Commissioners are the people who help to hear from it. We'd like to hear about it... Chief Rodriguez: Right, either or. They have the final say. 7 /�z iciY Tara: No matter what we advise, right? Chief Rodriguez: They have the final say, they could over turn, they are.... Tara: (muffled) Speaker: Anybody that should talk with you knows that is the way to get yourself heard. Now the other thing is, I'd like to get on the Agenda for the next isles of Capri Civic Association and have some copies of the letters that can be distributed to those who are interested in that much detail and an opportunity to say, hey, this is what we have done and your input to us would be fine. But to felt and heard, go to BCC. Chief Rodriguez: I will get with Chuck if you like (fine) and see if they could put us on their agenda for their next meeting and that way, if everybody wants to show up, I'll just make sure I'll advertise here just in case we have more that one Board Member show up and then we are covered with the Sunshine Law. That way I will make enough copies to take there and inform the public there and let them know, give them a copy of the letter and ask them whether you are against it whether you are for it; you need to let the County know. Speaker: OK, Gook. Anything else before we skip to the merger? Speaker: I hope it is a dead issue. I hope it doesn't come back on us. Chief Rodriguez: right. I don't think it will but I think if the County gets bombarded by a few e- mails, I think it's going to kill it. So they know that the Board here has the support of the residents and that the Board here is doing what the residents want. That is all it is going to take. Ocala, Fire Truck Factory Chief Rodriguez: On another note, if we are done with that. I would like to welcome you all once we start construction of our new fire engine, we could all go up as a group or we can go up, I'm going to be up there a lot. Up in Ocala while the fire engine is being built. I think, I mean, if you really want to see the factory, it's a very impressive factory where they build these fire trucks, ladder trucks and every piece of fire apparatus they will give us a tour and we can actually see our truck being built. Speaker: My friend bought all the stock of Pierce and then resold it later on. It is very impressive. Chief Rodriguez: It is, I feel like a little kid in a candy store when I go there. I will let you all know as soon as they start construction and I will have a copy of the actual prints of the truck and I will make sure I get a copy to all of you and we can schedule a trip up there. I will get a county van and we will drive up one day or what ever you all would like to do. But we are going to go there because it will take them about 3 months to build the truck. So we will be going up there a few times to make sure that they are doing what we want them to do, checking things off. Speaker: I wish we could, I think it would be really nice if we could get someone from Hammock Bay on the Board because they re going to be a big part of the district. i6-�—rief i�4 Chief Rodriguez: Thank you for bringing that up. Main Sail Drive, we are in communication with, I don't have her name, one of the big shots from the association for all of the condos there. She wants us to either, the whole Board or one of our Board members to attend one of their meetings. They are very interested in what is happening here and very supportive of the Fire Department here. I have invited them to attend our Board Meetings. I've also invited them to join our Board because we don't have anybody from Main Sail Drive. We have Fiddler's Creek but nobody from Main Sail Drive. She is going to start getting this information out to the people. Another thing that they are getting together to do is, they are going to petition WCI for, once you take a ride on Main Sail Drive, you see their sales office. After they are done with the Hammock Bay Project (that is going to go away) so, these associations want to petition WCI to make sure WCI gives us that land and that building to put up our second station there. They feel very strong about it and they want to go to bat for us because they want to see a station there. They want to see a station on Main Sail Drive. Speaker: I don't blame them. Would that mean a second piece of over stock? Chief Rodriguez: That will be our second engine. We have 2 engines here. We will not have to buy a fire engine. We will just move one of the fire engines here but we are talking about it almost at their build out. Speaker: What are we talking, 5 years? Chief Rodriguez: Right. We are talking that that is my 5 -year plan. My goal is to put the second station there with 2 guys there and that will service Main Sail and Fiddler's Creek. Speaker: Will that have medical? Chief Rodriguez: That would be up to EMS. Another thing that I am working on right now is that we are going to be starting an ALS engine. Our fire engine here is going to become ALS for October. Being that I am holding off until October is cause the engine I'm having built, we are putting in a custom ALS engine box just for all that medical equipment on that engine. I met with Jeff Page today, Director of EMS and I told him what I wanted to do for October 1 so he has no problem. We would be exchanging one of our Fire Fighters will go on the ambulance and one of their paramedics would go on our engine and that would give us Advance Life Support here all the time. Even when the ambulance is gone, we will have ALS on the fire truck, 24 hours a day, 7 days a week. Not like now where the ambulance is off the island so much. So that is what we are going to be looking at before the end of the year we will have ALS on the fire engine. Speaker: Excellent... and the personnel will be trained. Chief Rodriguez: Yes, we will have a paramedic on the engine from EMS; one of our fire fighters will ride on the ambulance. The only thing we are doing is swoping personnel. That is all we are doing. That way that engine will be equipped at all times. Speaker: Is this October a pretty secure date? 6 /6 z AVY Chief Rodriguez: Yes. Pretty secure, we just have to work out the details. I just met with him this afternoon at Chief's Meeting and I told him what I was looking for and he was happy, yes, because I told him what we were doing with our new engine, that we were putting in an ALS compartment in it, so... we want to shoot for that. I got a call from the county, one person put in for the Advisory Board so next meeting you all will be voting for the 5`" position and the application was Alfred. I have to pick up his application from the County, they called me yesterday on that so that next month... Speaker: You know him right? What is your opinion of him? Chief Rodriguez: He's for the fire department and he is for the people of Isle of Capri and the district in general. I just think he has a different way of expressing himself that could hurt us in a way. But his mind is in the right place. It's just the way he expresses himself. Speaker: I will vote against him. Speaker: Do you know him then? Speaker: Yes, and really for 2 reasons, for what they said also, I think we should have a member from Main Sail. Chief Rodriguez: We are really trying to recruit a gentleman that just moved into Main Sail. He donated that back draft poster. He is out of town this week and I invited him for this meeting here and also asked him if he would join our Board. He bought a place on Main Sail. He said he'd get back to me once he got back from vacation. I'm trying to recruit somebody from Main Sail Drive. We really need somebody from Main Sail. That is all I have. Speaker: What is the story on the boat? Chief Rodriguez: The boat. Our fireboat? Our fire boat right now, the inflatable? The Parker is completely out of service. It is rotted. It is sitting up at the boat yard. The inflatable, the 22 footer that one is in for the yearly maintenance. That is running fine. The only thing is it is a pain in the butt because it is on the trailer. I just met with the new owners of the Shrimp boat here. I believe we are going to be getting that lift in the corner there. He really wants to work with us; he really wants us to put the boat there. It might costs us a little bit and then again it might not cost us anything. But he wants to build additional docks there, but he definitely, he says he wants to sit down with me and I told him I really need to put the boat on a lift now because right now this is killing us and we really need to have the boat on the water. I believe we will get that spot there. Speaker: A couple things about that, I don't believe he will get any more dock space. Chief Rodriguez: I don' think so either. I told him that yesterday also. Speaker: Even if he does, it is going to? and I don't think he will at all, and number 2 I am still working on donations which I still think, they are not here right now and that makes it more difficult, I still think we are going to come through with enough money to at least purchase a 10 16-7- /c /y used hull, $20,000, we could put our motors on it. I feel that will probably be in the September /October time period. Speaker: Great. Marvelous. This part of the world depends on.... Speaker: We should not have to be without a boat. Look at these calls, look at these marine calls. Chief Rodriguez: Well, part of our district is Keewaydin area, and that is a stumping ground. Speaker: When you go out to Keewaydin for say heat stroke or a heart attack, how is that classified here? Chief Rodriguez: That is classified as a boat call. Marine /Medical. Speaker: They couldn't drive the fire engine over there. Speaker: Well, we don't have a Marine /Medical. Chief Rodriguez: It would be under the Rescue. Speaker: That's 25 calls last month and this is off season. Speaker: Yah, but it is a big boating season. Speaker: He'll probably have 10 calls tomorrow or over the weekend. Chief Rodriguez: right, well hopefully we can get the boat back from the shop. Speaker: Anything further? Thank you so much for being here. Tara? Meeting Adjourned. Minutes prepared by Lillian Tomasko. 11 14Z /c /y CHIEF'S REPORT July 1, 2004 OPERATIONS REPORT Isles of Capri Fire / Rescue personnel provide 24 hour emergency services for the Isles of Capri community with a consistent average response time of 3 to 4 minutes= From 8:00 a.m. to 8:00 a.m., a minimum of at least two fully state certified Firefighters are assigned to the fire station. From 8:30 a.m. to 8:30 a.m. the EMS Medic 18 unit with two medical personnel are assigned to the station. In the event of a fire or medical emergency, a minimum of four and generally five trained professionals respond to your request for help. Additionally, the Isles of Capri Fire / Rescue Department has the only Advanced Life Support (ALS) equipped boats in Collier County. This means that a medical emergency on the water, be it a heart attack or traumatic injury, can be handled with the most advanced emergency care possible in the field. The Isles of Capri Fire / Rescue Department welcomes citizens to stop by the station for free blood pressure checks. We also provide home and condo fire prevention inspections, along with CPR classes. tii±IC�i.C'GILI :. Emergency medical: MedFlight LZ: Other Medical Related 51 13 10 23 78 1 0 0 0 1 2 0 0 0 0 NfAR1�1ElBOaTGAT� 1A S Boat fires: Rescues: Haz -Mat: Public Assists: Special events: Dive Team Request 0 MEN PARTICIPANT NAME & ID PERRY, KEITH - 906 Class Description Class Date Class Hours Hours Attended Completed X005 - Pumper Operator 06/14/2004 3.00 3.00 Yes AC01 - Airport Response Procedures 06/14/2004 3.00 3.00 Yes ACO2 - Aircraft Tactics & Strategy 06/14/2004 3.00 3.00 Yes AC03 - Crash Fire Rescue Vehicles 06/14/2004 3.00 3.00 Yes AC04 - Aircraft, Rescue 06/14/2004 3.00 3.00 Yes AC04 - Aircraft, Rescue 06/17/2004 2.00 2.00 Yes IG_HS -09 - Physical Fitness 06/17/2004 2.00 2.00 Yes IG_HM -06 - Haz -Mat Incident Scene Safety 06/23/2004 0.00 0.00 Yes IG_DO -01 - Maps & Addressing 06/23/2004 4.00 4.00 Yes IG_HM -03 - Hazardous Materials Identification 06/23/2004 2.00 2.00 Yes IG_HM -04 - Haz -Mat Incident Procedures 06/23/2004 2.00 2.00 Yes EQ04 - Portable Pumping Equipment 06/29/2004 0.00 0.00 Yes A001 - Defensive Driving (EVAP) 06/29/2004 6.00 6.00 Yes Sub Total(s) : 43.00 41.00 13 ( jSCHWARTZ, ANDREW - 909 �JJ'" Class Description Class Date Class Hours Hours Attended Completed ACO2 - Aircraft Tactics &Strategy 06/16/2004 3.00 3.00 Yes Sub Total(s) : 3.00 3.00 1 SOUZA, ANTHONY - 905 Class Description Class Date Class Hours Hours Attended Completed X009 - Pump Maintenance 06/01/2004 2.00 2.00 Yes A099 - Other Driver /Operator Trianing 06/04/2004 2.00 2.00 Yes A001 - Defensive Driving (EVAP) 06/04/2004 1.00 1.00 Yes A002 - Manipulative Driving Skills 06/10/2004 8.00 8.00 Yes FC18 - LPG /LNG Firefighting 06/10/2004 2.00 2.00 Yes EQ02 - Equipment Care & Maintenance 06/10/2004 1.00 1.00 Yes EQ02 - Equipment Care & Maintenance 06/13/2004 1.00 1.00 Yes IG_18 -03 - Customer Service 06/13/2004 1.25 1.25 Yes A005 - Pumper Operator 06/13/2004 1.00 1.00 Yes A007 - Pumps & Components 06/13/2004 2.00 2.00 Yes A005 - Pumper Operator 06/14/2004 3.00 3.00 Yes ACO2 - Aircraft Tactics & Strategy 06/16/2004 3.00 3.00 Yes A009 - Pump Maintenance 06/16/2004 1.50 1.50 Yes A007 - Pumps & Components 06/16/2004 2.00 2.00 Yes EQ04 - Portable Pumping Equipment 06/29/2004 0.00 0.00 Yes A001 - Defensive Driving (EVAP) 06/29/2004 6.00 6.00 Yes FAO 1 - Alarms Systems 06/30/2004 1.50 1.50 Yes FA99 - Other Alarm System Training 06/30/2004 1.50 1.50 Yes EMS99 - Other EMS Training 06/30/2004 4.00 4.00 Yes Sub Total(s) : 43.75 43.75 19 VOGENEY, GEORGE - 907 Class Description Class Date Class Hours Hours Attended Completed A009 - Pump Maintenance 06/01/2004 2.00 2.00 Yes TRA003 (3.01) Page 3 of 4 Printed 07/01/2004 at 16:39:30 l6 :z /C /y PARTICIPANT NAME & ID VOGENEY, GEORGE - 907 Class Description Class Date Class Hours Hours Attended Completed A099 - Other Driver /Operator Trianing 06/04/2004 2.00 2.00 Yes A001 - Defensive Driving (EVAP) 06/04/2004 1.00 1.00 Yes A002 - Manipulative Driving Skills 06/10/2004 8.00 8.00 Yes FC18 - LPG /LNG Firefighting 06/10/2004 2.00 2.00 Yes EQ02 - Equipment Care & Maintenance 06/10/2004 1.00 1.00 Yes EQ02 - Equipment Care & Maintenance 06/13/2004 1.00 1.00 Yes IG_18 -03 - Customer Service 06/13/2004 1.25 1.25 Yes A005 - Pumper Operator 06/13/2004 1.00 1.00 Yes A007 - Pumps & Components 06/13/2004 2.00 2.00 Yes A005 - Pumper Operator 06/14/2004 3.00 3.00 Yes ACO2 - Aircraft Tactics & Strategy 06/16/2004 3.00 3.00 Yes A009 - Pump Maintenance 06/16/2004 1.50 1.50 Yes A007 - Pumps & Components 06/16/2004 2.00 2.00 Yes Sub Total(s) : su.- /5 .3u. /3 1J Grand Total(s) : 253.50 247.50 114 TRAO03 (3.01) Page 4 of 4 Printed 07/01/2004 at 16:39:30 1d �ci41 Training, All Sessions by Date and Student Date Range: From 6/1/2004 To 6/30/2004 Selected Student(s): All PARTICIPANT NAME & ID Class Date Class Hours Hours Attended Completed HOARD, ANDREW N - 902 06/09/2004 1.00 1.00 Yes Class Description Class Date Class Hours Hours Attended Completed FCO2 - Fire Control 06/09/2004 1.00 1.00 Yes FC10 - Firefighting Tactics 06/09/2004 1.00 1.00 Yes FC03 - Fire Streams 06/09/2004 1.00 1.00 Yes FC18 - LPG /LNG Firefighting 06/09/2004 1.00 1.00 Yes FC15 - Live Fire Training 06/09/2004 1.00 1.00 Yes IG_19 -04 - Multi Company IMS Drill 06/09/2004 1.00 1.00 Yes A005 - Pumper Operator 06/14/2004 3.00 3.00 Yes ACO1 - Airport Response Procedures 06/14/2004 3.00 3.00 Yes ACO2 - Aircraft Tactics & Strategy 06/14/2004 3.00 3.00 Yes AC03 - Crash Fire Rescue Vehicles 06/14/2004 3.00 3.00 Yes AC04 - Aircraft, Rescue 06/14/2004 3.00 3.00 Yes ACO1 - Airport Response Procedures 06/15/2004 3.00 3.00 Yes ACO2 - Aircraft Tactics & Strategy 06/15/2004 3.00 3.00 Yes AC03 - Crash Fire Rescue Vehicles 06/15/2004 3.00 3.00 Yes AC04 - Aircraft, Rescue 06/15/2004 3.00 3.00 Yes AC99 - Other Aircraft Training 06/15/2004 3.00 3.00 Yes HYDRANT - HYDRANT MAINT 06/18/2004 2.00 2.00 Yes DR001 - Trailering Operations 06/21/2004 3.00 3.00 Yes FA01 - Alarms Systems 06/30/2004 1.50 1.50 Yes FA99 - Other Alarm System Training 06/30/2004 1.50 1.50 Yes EMS99 - Other EMS Training 06/30/2004 4.00 4.00 Yes Sub Total(s) : 48.00 48.00 21 LAYTON, TODD - 904 Class Description Class Date Class Hours Hours Attended Completed FCO2 - Fire Control 06/09/2004 1.00 1.00 Yes FC10 - Firefighting Tactics 06/09/2004 1.00 1.00 Yes FC03 - Fire Streams 06/09/2004 1.00 1.00 Yes FC18 - LPG /LNG Firefighting 06/09/2004 1.00 1.00 Yes FC15 - Live Fire Training 06/09/2004 1.00 1.00 Yes IG_19 -04 - Multi Company IMS Drill 06/09/2004 1.00 1.00 Yes ACO1 -Airport Response Procedures 06/15/2004 3.00 3.00 Yes ACO2 - Aircraft Tactics & Strategy 06/15/2004 3.00 3.00 Yes AC03 - Crash Fire Rescue Vehicles 06/15/2004 3.00 3.00 Yes AC04 - Aircraft, Rescue 06/15/2004 3.00 3.00 Yes AC99 - Other Aircraft Training 06/15/2004 3.00 3.00 Yes HYDRANT - HYDRANT MAINT 06/18/2004 2.00 2.00 Yes TRA003 (3.01) Sub Total(s) : 23.00 Page l of 4 2 i.uu 11. Printed 07/01/2004 at 16:39:30 161 iciZI PARTICIPANT NAME & ID LUTZ, ASHLEY - 903 Class Description Class Date Class Hours Hours Attended Completed IG_10 -02 - Foam Fire Fighting Procedures 06/08/2004 0.00 0.00 Yes AO01 - Defensive Driving (EVAP) 06/08/2004 2.00 2.00 Yes AO07 - Pumps & Components 06/08/2004 2.00 2.00 Yes IG_DO -03 - Water Supplies 06/08/2004 2.00 0.00 Yes IG_DO -04 - Basic Hydraulics 06/08/2004 2.00 2.00 Yes AO05 - Pumper Operator 06/08/2004 2.00 2.00 Yes AC04 - Aircraft, Rescue 06/17/2004 2.00 2.00 Yes IG_HS -09 - Physical Fitness 06/17/2004 2.00 2.00 Yes IG_HM -06 - Haz -Mat Incident Scene Safety 06/23/2004 0.00 0.00 Yes IG_DO -01 - Maps & Addressing 06/23/2004 4.00 4.00 Yes IG_HM -03 - Hazardous Materials Identification 06/23/2004 2.00 2.00 Yes IG_HM -04 - Haz -Mat Incident Procedures 06/23/2004 2.00 2.00 Yes EQ04 - Portable Pumping Equipment 06/29/2004 0.00 0.00 Yes AO01 - Defensive Driving (EVAP) 06/29/2004 6.00 6.00 Yes Class Description Sub Total(s) : 28.00 26.00 14 MCLAUGHLIN, ALAN - 901 06/08/2004 0.00 0.00 Yes Class Description Class Date Class Hours Hours Attended Completed IG_10 -02 - Foam Fire Fighting Procedures 06/08/2004 0.00 0.00 Yes AO01 - Defensive Driving (EVAP) 06/08/2004 2.00 2.00 Yes AO07 - Pumps & Components 06/08/2004 2.00 2.00 Yes IG_DO -03 - Water Supplies 06108/2004 2.00 0.00 Yes IG_DO -04 - Basic Hydraulics 06/08/2004 2.00 2.00 Yes AO05 - Pumper Operator 06/08/2004 2.00 2.00 Yes Sub Total(s) : 10.00 8.00 6 MCNALLY, MIKE - 908 Class Description Class Date Class Hours Hours Attended Completed AO05 - Pumper Operator 06/14/2004 3.00 3.00 Yes ACO1 -Airport Response Procedures 06/14/2004 3.00 3.00 Yes ACO2 - Aircraft Tactics & Strategy 06/14/2004 3.00 3.00 Yes AC03 - Crash Fire Rescue Vehicles 06/14/2004 3.00 3.00 Yes AC04 - Aircraft, Rescue 06/14/2004 3.00 3.00 Yes DR001 - Trailering Operations 06/21/2004 3.00 3.00 Yes EQ04 - Portable Pumping Equipment 06/29/2004 0.00 0.00 Yes AO01 - Defensive Driving (EVAP) 06/29/2004 6.00 6.00 Yes Sub Total(s) : 24.00 24.00 8 PERRY, KEITH - 906 Class Description Class Date Class Hours Hours Attended Completed IG_10 -02 - Foam Fire Fighting Procedures 06/08/2004 0.00 0.00 Yes AO01 - Defensive Driving (EVAP) 06/08/2004 2.00 2.00 Yes AO07 - Pumps & Components 06/08/2004 2.00 2.00 Yes IG_DO -03 - Water Supplies 06/08/2004 2.00 0.00 Yes IG_DO -04 - Basic Hydraulics 06/08/2004 2.00 2.00 Yes AO05 - Pumper Operator 06/08/2004 2.00 2.00 Yes TRA003 (3.01) Page 2 of 4 Printed 07/01/2004 at 16:39:30 `6s i(f /� CD s to O r.� - o A o � a, o � N � O 0 A � C7 O O O A � N �� W w C7 •P C � R° '� f0 d v, %� `CS O T r. `O A` � C- 'T. 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N N N N N w W P. O, O, Q\ O O O O O O O O O O O O O O all O I O I O O O O O O O O O O O I 0 0 0 0 0 0 0 0 0 0 0 0 0 go I N A A A J 00 N N I N as N N N N N W W 00 T O O O O O O O O O O O O O O O O O O O O O O O O O O 1/,-7 levy o o N o 0 o� C CL A C o m b W O N ""y A W W CIS O N A b O ro a N A o T W w V1 o p N O O A N A (n O 0 Fiala Halas Henning (',oyle coletta Memorandum /6z / c /s To: Sue Filson, Executive Manager - Board of County Commissioners From: Maria Bernal, Tourist Tax Coordinator — Tourism Department me=6 Date: October 19, 2004 Subject: COASTAL ADVISORY COMMITTEE MINUTES —September 8, 2004 Attached are the September 8, 2004 Minutes which were approved by the Coastal Advisory Committee on October 14, 2004. Attachment / /'a lGl.6 September 8, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, September 8, 2004 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:30 PM in SPECIAL SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Ron Pennington Murray Hendel (Excused) James Snediker (Excused) John Arceri Paul Sullivan Tony Pires (Arrived 1:33PM) Graham Ginsberg John Sorey III ALSO PRESENT: Ron Hovell, Utility Engineering Dept. Dr. John Staiger, City of Naples Maria Bernal, Tourism lei Ir- 15 September 8, 2004 L The meeting was called to order by Chairman Ron Pennington at 1:30 PM. II. Roll Call: Roll call was taken with Murray Hendel and James Snediker being excused. Tony Pires arrived at 1:33 PM. A quorum was established. III. Changes and Approval of Agenda Mr. Sullivan moved to approve the agenda. Second by Mr. Arceri. Carried Unanimously 6 -0. IV. Public Comments: David Weigel the County Attorney has reviewed the Citizens Advisory Committee Ordinance 2001 -03 and noted that the Rules of Procedure should be adopted by majority of the full committee. His research indicates that this committee doesn't have current rules or adopted rules. He offered the County Attorney's office to this committee. They can provide a baseline or template of Rules of Procedure similar to what the Board of County Commissioners uses. This Committee can adopt with the added changes needed. Mr. Pennington stated that the Committee has adopted Roberts Rules as far as rules of order are concerned. This was done by a Resolution quite some time ago, and he isn't sure as to how this may be in the records. David Weigel mentioned that Roberts Rules apply more to a default situation. The Board of County Commissioners turns to Roberts Rules when there is a lack of a rule. He suggests maybe two to three pages of typical rules that provide for Chairman, Vice Chairman, absences, points of order, recognition of participants from the public, and recognition of members. He also added that in late September or early October there will be Sunshine Law and Public Records Law Seminars. Mr. Pennington asked him to provide the recommended template before the next meeting to Ms. Bernal so it could be added to the agenda for the next meeting. V. Approval of CAC Minutes A. Approval of Minutes of September 8, 2004. Mr. Arceri moved to accept the minutes as written. Second by Mr. Ginsberg. Carried unanimously 6 -0. VI. New Business: A. Post Charley Beach Impact Assessment Mr. Hovell gave a quick report on the Disaster Declaration and potential FEMA assistance. For hurricane Charley the State and County took a look at the beaches and decided they didn't meet enough of the damage threshold and wasn't eligible under The Charley Disaster Declaration. Collier County isn't included in the Frances Disaster Declaration at all. OA /6 z cis September 8, 2004 Mr. Allen Madsen reported on his assessments of Charley and Frances. There is a net loss of sand making the beach flatter. We don't have the protection from the dune system that we once had. We lost 30% of the dune system. Marco Island didn't see much erosion maybe because it's flat and the waves could've broken up early. During a high tide it will be difficult to use the beach because of the loss from the dune system. Clam Pass dune system is basically shot. Mr. Pennington did his own assessments and is guessing the beaches probably lost 2ft. of sand in depth. Charley brought more sand in and brought the sand bar to the beach. With Frances we lost what we gained plus more. Clam Pass at high tide has no beach. At low tide they have what they use to have. Mr. Sorey added his concern of two areas in Naples • The steps to the pier are no longer usable • Rocks between Third Ave. S. and Fourth Ave. S. This needs to be repaired immediately. Dr. John Staiger suggested grading sand to the steps of the pier, but thinks it's premature and it should wait for recovery. a. Clam Pass Park Beach Renourishment Mr. Pennington was advised of efforts to expand the use of Clam Pass Park. County Managers in discussion with Pelican Bay had suggested extending a Boardwalk South from the Pavilion. He later received concerns that the beach had eroded and was questioned about the ability to accommodate people along the beach. He inspected the beach on three different days: • 8/1/04 —High Tide 2 -3 ft. waves -South access steps to the Pavilion were closed off due to the erosion washing under the steps • 8/8/04 —Low Tide and more beach. The bar across the outside of the pass entrance had diverted the current flow south. • 8/15/04 —Two days after Charley —Dr. Pass light had been extinguished by Charley —Day marked 1 and 2 were cleared away. He brought to the Committee's attention Florida's Statute 161.142 Declaration of Public Policy Relating to Improved Navigational Inlets. Pelican Bay has the present permit to dredge so he proposes inciating action to obtain the permit to get the sand moved back to the beaches. Mr. Pires added his assessments as well. He walked the boardwalk and has never seen water that high. The dock is in pieces and the canoe trail marker signs were submerged. He thinks they should wait to see what the course of nature would take within the next two months before they take any action. In reference to the Pelican Bay permit, the County, under PBS Data of Pelican Bay Service Division holds it, which is a division of Collier County. The Developer of Pelican Bay paid all the funds for the permit which was approximately three million plus. He paid this because the County Commissioner decided no other members of Collier County should have to pitch in for it. They may be sensitive 3 /6-7 /C /5 September 8, 2004 for someone to latch on to their permit or to make changes to the permit. That could have an adverse affect to the millions they've spent to restore the health of the bay system when no one pitched in. Mr. Pennington believes they shouldn't do anything that would be determinal, but to increase that flow. It could be increased by taking the bar out. He believes they would need a new permit and it wouldn't have anything to do with Pelican Bays permit. Mr. Ginsberg added that the sand should be taken out to make the channel deeper. Mr. Humiston stated that the bar interferes with the flow of the water. The large bar is from high wave energy and high tides. Wave energy will push the sand back to the shore. It wouldn't make much difference to take sand from the bar. Illustrations showed the rates of accumulation of sand. The bar may extend the limits of the permit. If dredged once every three years you'll get 9 -10 thousand yards of cubic sand. There's not enough sand in the inlets to satisfy the beach erosion problem. A couple of suggestions: • Improvements made by PBS district including the dredging of the internal waterway, which reduced the frequency of dredging to reduce long -term cost. • Dredging the offshore bar. Once it's dredged the offshore bar is the first to reform. Mr. Pennington agreed, but going back to statute 161.142, State policy says it can be done. There is enough in 2005- projected budget. This is an improved Navigational Inlet Mr. Sullivan added that the 2005 Budget Projection has $235,000.00 going toward Clam Pass. Public Comments: Mrs. Martha Dykman states that this area was designed as a boating inlet. It's difficult to navigate in the narrow channel. The beach is narrowing, very crowded and is in need of maintenance. At high tide there is no beach. Mr. Pires doesn't agree with the Navigation of Clam Bay or Clam Pass, but if the definition of a Navigational inlet is a definitional issue from a State perspective then it could be a problem. Authorizing the expenitudure of money now could be premature. The renourishment should be looked at later. Mr. Steve King, Coastal Planning & Engineering discussed with DEP to stockpile sand near the Clam Pass area and truck haul to the beach. He didn't want to bring up the issue until the permit issue was resolved for the North Collier Renourishment Project. DEP is looking at the inlet impacts to the hard bottom or habitat in our area. They propose we monitor all the impacts that are occurring. Mr. Arceri moved that this matter be held in obeyance, but to be considered after the initial permitting portion for the Beach Renourishment Program is done then possible amending the permit to provide for a solution to the Clam Pass Beach. Second by Mr. Sullivan. Carried unanimously 6 -0. 2 A0.70. e /5 September 8, 2004 B. Recommendations for County Coastal Systems Management Mr. Pennington met with County Manager Mudd on 8/19/04 to discuss many concerns such as sponsorship, Clam Pass, Wiggins Pass and Management of County Coastal Systems. He recently discovered there was no one in the County Government with responsibility for the Coastal Systems. He appointed Mr. Pires, Councilman Arceri and himself as a Sub - Committee to develop a recommendation to bring back to the committee. VII. Old Business A. South Marco Beach Renourishment/Caxambas Pass Dredging: Request for Additional Information #1 Mr. Arceri stated that this project is the renourishment of the south beach area with the most public access. In 1997 the beach was dredged in Caxambus Pass because it was beach quality sand. This was a good practice. In 1995 the County did an inlet management study that showed that the pass should be dredged every seven years for stability of the entire coastal system, which was messed up by the building of seawalls. There's a critical navigational problem. 50% of boater's use this pass to get to the Gulf of Mexico; if it were closed off most boaters would have to travel a longer time to get access. This is a beach renourishment project that's combined with critical dredging of that pass. FDEP will be visiting at the end of the month. The focus should be on two things: • What are we reading from the FDEP's request for information • Anything preliminary as far as the monitoring Michael Trudnek, Taylor Engineering answered Mr. Arceri's questions stating that currently their consultant is out surveying the pass and beaches, but hasn't provided any data yet. This pass is indeed filling in. The next answer is there were no red flags coming from the DEP that they would have a problem with this. They just requested all the supportive information to show there is no adverse impact to the island. Mr. Arceri added that DEP said after the 1997 dredging that we must go through the permit process to dredge again. Mr. Trudnek stated that the last permit says if you want to use Caxambas Pass as a site again you have to appear for a new permit. That's a new DEP permit that Army Corp. permit is a 15 -year permit, which expires March 2005, and we are going to apply for a one -year extension to complete the project. They've had 1 RAI so far. Typically they have three RAI's for these projects. If the responses to RAI #1 are submitted within a month, DEP has 1 month to submit RAI #2, then DEP will have another month to submit RAI #3. If everything is satisfactory DEP will give their intent to issue it and they have 90 days to issue the permit All the supportive data will be sent to DEP. Since they requested a survey after Charley, they may request another one after Frances. It's still feasible to start this project November of 2005. The only place to get beach quality sand would be five miles off shore and it would increase the cost of this project. 5 Az IC 15 September 8, 2004 Mr. Arceri spoke with Nancy Richie who said that this area is a turtle nesting area and a beach renourishment project would help the turtles. DEP should want to fund this project. Mr. Pires suggested that in response to the RAI #, number seventeen to supply evidence maybe they should attach a letter from the City of Marco stating they are the senior planner who is in charge of this. Mr. Hovell brought up another item of concern. At a recent Waterways Committee some standards were set for channel depths. They may want to check to see if this project would have to meet that depth. Gale Vinson member of Marco Island Waterways Advisory Committee stated that dredging is needed in Caxambas Pass. He claims this is a very dangerous navigational problem. People are trying to stay away from the sides of the channels and wakes are beginning to get bad. After passing marker five many people in smaller boats cut over to go between the groins and the beach. We should dredge from the outer light, which would add on approximately 900 ft. of dredging and put it at pass marker six will give a straight channel providing the dog light being taken out as well. Mr. Trudnek added that the permit could be modified to cover that area, but that area only has 1 -2ft. of beach compatible sand. Mr. Arceri stated as part of this review if they tried to solve this second navigational problem then it would be less money to do it with this project than do it as a separate project later. He advised Michael Trudnek to come back and tell them how much extra money is needed to solve that problem. City Council may authorize that extra money not from TDC funds, but from City funds. Mr. Sorey moved that the payment of the permit fee should not exceed $3,000.00. Second by Mr. Arceri. Carried unanimously 6 -0. Mr. Paul Kwa, Project Manager for Public Utilities and Engineering added it would cost an estimated 1.5 to 1.8 million dollars. When they get the bids back they want to meet with CAC for the funding of this project. Mr. Novell stated they are hoping the funds would come from the Tropical Storm Gabrielle and the DEP indicated this project maybe something they would cost share, but they don't have a contract yet. Hopefully one million will be reimbursed. Mr. Pennington called a break at 3:50 PM to resume at 3:55 PM. Mr. Pires was excused but they still had a quorum. B. Wiggins Pass Monitoring Report C1i 1�-T lels September 8, 2004 Mr. Ken Humiston showed an update of the Monitoring Report that showed the flood channels trying to cut straight across, which contributed to the erosion on the north side. In 1995 an Inlet Management Plan was prepared that had a provision for deepening the Gulf entrance channel to function as a sand trap, which would expand the dredging intravel and reduce long term maintenance costs. The implementation of that recommendation was done in 2000 and has been dredged two times since then. Some recommendations to increase dredging intervals: • Bottom depths increased maintaining 18.5ft. Depth • Dredge straight across channel which would provide stronger currents to push sand. The sand is beach quality sand. The monitoring plans purpose is to determine if reductions of impacts of beaches is sufficient and if navigation improvements are sufficient. If so they continue monitoring. Mr. John Findley, Estuary Conservation Association stated that some documents that he read from CEC made the recommendations to take the channel out or straighten it through. It's unhealthy to the estuary system. A box cut that is equal and the depths coming in to it would reduce the amount of turbidity. Requirements out of the Wiggins Pass Management Plan are 8ft. The dredging is scheduled to be done every two years and mobilization and hydraulic dredging should be done this November. Under the Torts Development Plan, it shows categories of use of the original 2% tax revenues specific by project or special use. For a 24 month period for each project or to be used as follows: • Category A —Beach Improvement, Renourishment, Maintenance, and Restoration. It doesn't state anywhere that the sand has to be beach quality sand. Emergency dredging needs to be done. There are enough FEMA funds that could help Clam Pass as well. Mr. Pennington advised him that Mr. Hovell has stated that Collier County doesn't qualify under either of the most recent hurricanes. For Management purposes that sand would have to be put on the adjacent beach in order for that to be funded. There are funds for Wiggins Pass in 2005 TDC Projections in the amount of $452,000.00. Michael Poff, Coastal Engineering Consultants stated that 8/30/04 ECA hired them to do a condition survey of Wiggins Pass in the wake of Post Charley. Accessing the conditions of the channel, comparing the volume, control depth and the shoaling rate since the last survey. The control depths varied from –3.5 to 5 ft. in NGVD. The volume in the permitted channel was 65,000 cubic yards. The control depth was –3.9ft. The channel shoaled in approximately 8,300 cubic yards. Brian Leiding - is concerned that the FEMA money isn't available. In FEMA's letter it stated that if the navigational waterways were affected by Charley then they would give the funds. A restriction is that it has to be accomplished by early December. We can save this County money if they pay. Mr. Hovell replied stating the Federal Government has a FEMA Public Assistance Guide that describes what categories they will pay. Categories A & B is when they will assist. Charley was a Category A & B, Beaches was a G and inlets weren't included at all. 7 /1�z /C /s September 8, 2004 Mr. Ken Stead is concerned will the navigation in Wiggins Pass. He stated that tourist income goes more to the waterways and recreation and he wants to go forward with emergency dredging in Wiggins Pass. Mr. Ray Bernier is concerned with safety issue in Wiggins Pass. Dredging needs to be done quickly or more navigational problems could occur. Mrs. Linda C. Roosa claims that Wiggins Pass is unsafe and is currently closed off. Emergency funding is needed now to make it safe. It needs to be fixed before the tourist comes back. Mr. Doug Fee, North Bay Civic Association favors a moderate depth of 8ft. in Wiggins Pass. A balance of the Estuary needs to be considered as well. Mr. Ginsberg questions Mr. Hovell on how deep the inlet is, how safe or unsafe and what can be done to have the channel at a reasonable depth. Mr. Hovell responds by stating that in the upcoming years budget, which begins in October, is the annual monitoring of Wiggins Pass, which will be done in May. It may not be easy to address this issue yet. The only places the permit allows them to place the sand is in the State Park and the County Park. They don't want the sand on their beaches and they don't want the pass to be dredged. Mr. Pennington responded that this committee determines whether to dredge or not. It does qualify for TDC funding in accordance with the current policy. Mr. Arceri added that the FDEP permit expires in 2010. It states the sand should be disposed of at Barefoot Beach or at Delnor Wiggins. He then asked if this permit defines the depth and isn't Barefoot Beach eligible for renourishment under the current permit. Mr. Hovell answered by stating that the Parks and Recreation Department weren't interested in having the sand placed on their beaches. Barefoot Beach is eligible under the permit. The permit allows dredging from station 0 -100 at 8.5ft.from station 100 and above is dredged at 13ft. Mr. Brent Moore added that dredging a flood shoal isn't very popular, but dredging the inner shoal improves the hydraulics to push the sedimation further offshore. Mr. Pennington moved to proceed to request staff to proceed with the action to dredge Wiggins Pass, but it should be in accordance with the Inlet Management Plan with the exception of not having 13ft. depth, but conform to the natural channel. Second by Mr. Arceri Mr. Sorey asked for a consideration of amending the motion to attempt to get on the TDC Agenda for September 27, 2004. This needs to be expedited due to all the problems. 0 /6.7. /G'' /S September 8, 2004 Mr. Jack Wert replied this could be added to the TDC agenda if directed. According to the policy that the County Commissioner approved last December an application, grant application and a sponsor for the project will be needed. Mr. Pennington stated that there isn't anyone in the County that has an oversight of all these items except for this Committee. He wants this Committee to be the initiator of this request. Mr. Pennington moved to amend the motion to attempt to get this on the September 27, 2004 agenda. Second by Mr. Arceri. Carried Unanimously 5 -0. C. County /City of Naples Beach Renourishment Update: Consideration of Plan Alternative Monitoring Plans; 49mb PDF File Mr. Steven King - Coastal Planning and Engineering addressed the proposed documents that will be submitted to DEP for RAI #3 on The North Collier County Beach Renourishment Project. The displayed chart showed the area's which are to be renourished. The yellow area is the primary area's to be renourished when the permits are issued. The red area is an additional area that's being permitted for the ten year horizon. Mr. Pennington requested to delete the red area because they aren't going to renourish past Gordon's Pass. Mr. King continued in proposing to use coarse sand with area T -1 which would provide a steeper beach and should intercept in shallower water. DEP hasn't accepted this as of now. There is no clear evidence of hard bottom covering. The issue is DEP isn't recognizing all of the individual projects. They are trying to blend them all together. The monitoring requirements we must do are as follows: • Physical Monitoring— Survey's and Aerials • Environmental Monitoring —Sea Turtles and birds • Biological Monitoring and Mitigation The monitoring itself will cost $450,000.00 which is an additional cost. There isn't a way to count how many artificial reefs that have been done. In the future they could be counted if they are the right type. Mr. Hovell added the right type is the natural limestone and what has been used here are tires and concrete rubble. The cost can be discussed at the next meeting. D. Hideaway Beach Renourishment Update; Consultant Funding Budget Amendment Mr. Hovell stated there are three work orders that need CAC recommendations and a Budget Amendment in order to fund them. Two of the three are things related to permitting. One is related to the mangrove. Maybe $8,000.00 to do a mangrove study to determine what should be done. $45,000.00 or more is needed to complete the permitting process. Mr. Kwa added that the permits aren't approved yet, but they may be in November. 0 /61 1421S September 8, 2004 Mr. Pennington entertained a motion from staff to transfer $92,000.00 from TDC to do items one and three and $8,000.00 for item two. Motion made by Mr. Arceri. Second by Ginsberg. Carried unanimously 5 -0. VIII. Public Comments None IX. Announcements None X. Committee Member Discussion None XI. Next Meeting • October 14, 2004 — BCC Board Room • Maria mentioned that a meeting will be held right after their next meeting so their meeting will need to conclude at 4:00 PM. After discussion it was decided to hold the next meeting on October 14, 2004 at 12:30 PM. There being no further business for the good of the County, the meeting was adjourned by order of the Chair. Coastal Advisory Committee Chairman Pennington 10 Fiala Halas Henning Coyle —. Coletta /6z /(2/6 Vtf ovet) COLLIER COUNTY AIRPORT AUTHORITY NOV 0 3 2004 MINUTES OF SEPTEMBER 27, 2004 r ; ommi ss goners �pad of C,ount'a Present: Dennis Vasey Stephen Price Byron Meade Raymond Rewis Robin Doyle Staff: John Kirchner Gene Schmidt Joan Greco Public: Winona Stone Carol Glassman Luc Carriere Tom Palmer I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 1:05 p.m. and quorum was present. II. Executive Directors Report Gene Schmidt spoke on the rate change for the backlight board to $250 annually with a 10% discount to those that answered right away. The Emergency Preparedness Plan had a few minor changes but remained basically the same. Gene Schmidt said there were no major claims in any of the airports in the hurricanes. John Kirchner has a letter of intent from Florida Air Tradesport stating they would like to do business with us. As it stands we need to extend the runway to accommodate their DC9's. John Kirchner spoke about the sheriff's dwelling on the Immokalee Airport property that is damaged. Facilities had put $25,000 into. John's recommendation was to discontinue using it as a residence and either use it as storage or take it down. The dwelling is not needed to deter crime as they have cameras on site. Dennis Vasey made a motion to terminate license for the dwelling. Raymond Rewis seconded it. Robin Doyle wanted to give him 60 day Notice if needed. All were in favor. Robin Doyle thought the trip to Poland was good for the entire Immokalee area and that Skytruck would greatly benefit our money problems. Dennis Vasey made a motion for approval of Executive Director to go on trip. Steve Price seconded the motion. All were in favor. Gene Schmidt spoke about the well drilling at Immokalee for the ground contamination at Air Works. 16Z 1 C 16 John Kirchner said we were obligated to work on this, as we are the owner of the land. An $11,000 quote to put in 4 wells for the soil sampling is our current situation. MacTech is the company we received the bid from. III. Approval of Agenda Some changes were made to the agenda such as IIIA3 was moved to II and IIIB had 2 added Airport Consultant Selection Approval. Steve Price seconded motion and all were in favor. B. Administrative 1. Election of Officers Dennis Vasey stated that the election of officers begins serving on October 1, 2004. Steve Price nominated Robin Doyle for Chairman. Byron Meade seconded it. Steve Price moved that the nominations be closed and Dennis Vasey seconded it. Dennis Vasey moved that Robin Doyle be the Chairman. All were in favor. Dennis Vasey then opened the nominations for Vice Chairman. Steve Price declined the nomination. Robin Doyle nominated Jim Peterka. Steve Price seconded it. All were in favor. Dennis Vasey then went on to Secretary and asked Raymond Rewis if he would like that position. He said no as he does not have the time. Robin Doyle nominated Byron Meade. Steve Price seconded. Dennis Vasey moved that the nominations be closed. All were in favor. Dennis Vasey stated that Robin Doyle would be Chairman, Jim Peterka Vice - Chairman and Byron Meade Secretary. 2. Airport Consultant Selection Approval Gene Schmidt said that Luc Carriere and Hole Montes is our consultant again. Dennis Vasey motioned the airport authority ratify Hole Montes as the airport design and engineer firm. Robin Doyle abstained due to a conflict. All else were in favor. C. Capital Improvements Luc Carriere told us the Immokalee campground facility was getting the Certificate of Occupancy and in the final phase of the environmental application. The parallel taxiway C project is moving along. Also working on a proposal and grant with EDC for the pond retention. !4Z 1c16 Luc stated that Everglades Airpark has Quality Enterprise to build a runway. Must be careful of the eagle's nest, as it is their nesting time. The beacon tower will be relocated this fall. Tom Palmer said the transfer of Everglades Airpark would take about 2 years once the FAA has received the information they requested. The FAA will either sign a letter of no objection or not. There has been no direct contact between Everglades City and the FAA and minimal contact between the county and Everglades City. Luc said we should keep projects moving forward for the Everglades Airpark otherwise we could lose funding. Luc Carriere then spoke about the Marco Airport. The taxiway project is still being worked on. Waiting for the Corps permit and the Fish and Wildlife permit. The mitigation plans are ready to go. FAA needs to receive a grant by June 1, 2005 for this project and the Immokalee project so we do not lose any existing funding. FDOT has given us a grant for removal of vegetation, mangroves etc. We could not do anything due to the crocodiles till October. Gene Schmidt noted that the Everglades Airpark is in the NIPA system - the National Integrated Airport system and has to remain there. Tom Palmer stated that there could be other offers for the Everglades Airpark if Everglades City does not get it or it could remain within the county. D. Old Business Dennis Vasey spoke about the Selection Committee panel that ranked and selected the candidates. The Chairman would negotiate an employment agreement with the selectee. The Chairman will come back with the document to be ratified by the board and then it will go to the BCC with and Executive Summary recommending that this person be hired. The BCC can then say yes and would send a letter of employment. The employee would respond to Human Resources and act upon it. Robin Doyle spoke highly of Theresa Cook, our candidate for the Executive Director position. Robin suggested if we were not successful with our top ranked candidate that we would start the search over. Dennis Vasey made a motion to approve the selection committee and selection panel's nominee, Theresa Cooke. Steve Price seconded it. Dennis Vasey also motioned to approve the Chairman negotiating the employment agreement. Byron Meade seconded. All in Favor Gene Schmidt would like to change the next board meeting to October 18. Steve Price would like a special meeting to ratify this contract. /6-7 to- IL, Dennis Vasey made a motion to adjourn. Robin Doyle seconded it. All in favor. Fiala — Halas Henning Coyle Coletta --4 /C'!6 COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF OCTOBER 8, 2004 SPECIAL MEETING FOR THE APPROVAL OF THE EXECUTIVE DIRECTOR'S CONTRACT RECEIVE Present: Dennis Vasey Stephen Price Raymond Rewis Robin Doyle Staff: Joan Greco Jim Peterka NOV 0 ;3 2004 board of 01(11 Y f"ommiSsiorje,., I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 8:10 a.m. and quorum was present. II. Review and Approval of the Executive Director's Contract Robin Doyle reiterated from the last meeting that they approved the selection of Theresa Cook and he was authorized to negotiate the contract with her. Tom Palmer gave him a draft contract that was approved by his office and it was used as a format. The negotiated items were the following: the term is five years. Theresa Cook sees this as a permanent job and not a steppingstone. With a longer contract she can make meaningful progress with the agency. We have the authority to terminate the contract if she does not perform. The second part was the salary. The range was from $85,000 to $124,000 according to Human Resources for this position. The $89,500 was authorized by the County Manager's office because this is within 10% of the minimum salary without any further authorization. The next item was the benefits. It was negotiated that she would get three (3) weeks from the first year and after (10) ten years she will get (4) four weeks. She will also be assigned a vehicle due to meeting the requirements of the need to visit multiple sites, emergency situations and it is a senior management position. Payment of the Executive Director's expenses included the AAAE, Florida Airports Council and the National Association. Theresa Cook stated the third item was of no value as the other two items covered whatever was needed. That item was removed from the contract. Mr. Vasey wanted to know about the probationary period. Robin Doyle said it was a 90 -day review period. Dennis Vasey asked about a cell phone. Robin Doyle said we would provide one even though it is not in the contract as the other directors had them. Mr. Vasey wanted to know if we bought her out would the sick days be included. Robin Doyle said the clerk objected to the contract, as the county n lo ay for accrued sick leave but will pay for accrued vacation. t � I T_ K.-WC Agenda Assemblylspeciai meeting minutes 10- 8- 04.dac /6S /4f /,, Dennis Vasey moved to accept the agreement. Jim Peterka seconded it. All were in favor. Dennis Vasey moved to adjourn the meeting. Jim Peterka seconded it. Meeting was adjourned at 8:35 a.m. K:WC Agenda Assembly lspecial meeting minutes 10- 8- 04.doc riala Halas Henning Coyle Coletta 4_7 IeI6 RECEIVED COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF OCTOBER 18, 2004 MEMBERS Robin Doyle PRESENT: Dennis Vasey STAFF: Gene Schmidt John Kirchner PUBLIC: Carol Glassman John Henderson Jim Peterka Byron Meade Thomas Palmer Debra Harnaga Tammie Nemechak Steve Price Joan Greco Winona Stone I. MEETING CALLED TO ORDER AND QUORUM CHECK NOV 0 2 200 Board of County Commissionea., Raymond Rewis BobTweedie Adam Junkroski Meeting called to order at 1:05 p.m. Six (6) Board members were present. H.. APPROVAL OF AGENDA Well Drilling II.3; III132. Surplus Sale bids; and C.1. Everglades Taxiway Construction, were added to this Agenda. At the request of Mr. Vasey, the Minutes of September 27, 2004 meeting were taken off the Consent Agenda for discussion, later in this meeting. Mr. Vasey moved to approve the September 27, Minutes, seconded by Mr. Price. Motion passed 6 -0. There was short discussion whether placing a name in nomination for Chairman., Vice - Chairman and/or Secretary were seconded. Attorney Palmer advised that "Placing a candidate's name in nominations for an office do not require a second." The September 27, 2004 minutes did not indicate whether there was a second to the motion for item C. "Capital Improvements" was seconded. It was agreed that that Motion was seconded. Those Minutes are to be amended to reflect that Motion was seconded. Motion to approve the minutes as amended passed 6.0 The minutes for October 8, 2004 will be put on agenda for next month's meeting. All Board actions taken at that September 27 meeting were ratified at this meeting by motion, second and 6 -0 vote. t,or, III. EXECUTIVE DIREC'T'ORS REPORT 1. Poland Trip (regarding Sky Truck) Late: Cop s To: /d z 4 �'' //-- Executive Director, Gene Schmidt, advised that the trip to Poland regarding the Sky Truck was very constructive. He gave a trip report that lasted 3 or 4 minutes. 2. Confirmation of Executive Director's Position Executive Director, Gene Schmidt, informed ail members that the BCC had approved the Employment Agreement for the Authority's new Executive Director, Theresa Cook; she plans to start working at the Marco Island Airport on December 15, 2004. 3. Well Drilling Mr. Kirchner said four (4) test wells need to be drilled at the Immokalee Airport. Environmental Consulting Services will drill these four (4) test wells to ascertain the geographic scope of ground water pollution at that Airport. The maximum contract expenses will not exceed ($15,000), to be funded out of this fiscal year's 2004 -2005 budget. Motion by Mr. Price, seconded by Mr. Peterka: Decision was to forward this matter to the BCC for its approval. A. Consent Agenda 1. Monthly Financial Statement Chairman Doyle entertained a motion to approve the Consent Agenda, which included the Financial Statement in the Agenda package. Mr. Vasey noted a reduction in lease revenues and fuel sales for the current month. He suggested this circumstance be closely monitored by staff. Why did this occur: Less air traffic? Chairman Doyle said this issue would be discussed under "New Business.,, B. Administrative. 1. The Bid Results of Marco Island Mangrove Program were reviewed. Mr. Vasey moved to accept a bid from Aquagenics, seconded by Mr. Price. Mr. Tweedie said it was 80% paid for by the FDOT. All were in favor of approving (6 -0 vote) accepting this bid. The bid amount is $234,854. 2. Trying to sell the CCAA's Aircraft Two (2) bids were received to purchase this aircraft ($12,500 and $53,777). Both bids were well below the aircraft's appraised value of this aircraft. Chairman Doyle said the CCAA had two options: Accept the high bid or reject all bids_ Mr. Vasey motioned to accept the $53,777 bid from Inman Flying Services. Motion died for lack of a second. Mr. Meade motioned to reject the two bids. Mr. Price seconded the motion. The vote was 5 -1 in favor of rejecting both bids because "selling at that price will be giving the airplane away." Chairman Doyle asked Mr. Meade to work with the Executive Director and Robert Tweedie to get this aircraft advertised "for sale" in a better publication (wider readership). Mr. Tweedie said the plane can lawfully be offered "for sale" by advertising for bids or by auction. If by auction, the auctioneer must be selected by having auctioneers submit bids to be selected in accord with the County's Purchasing Policy. It was discussed, but not decided, that if the aircraft is to be sold by bids, the "minimum offer" shall be around $75,000 to $85,000, and the minimum starting offer shall be specified in the advertisements. If by Auction, the airplane shall be subject to a "reserve" of something from $75,000.00 to $85,000. C. Capital Improvements. Everglades Taxiway Construction. Hole Montes had pictures of the project that were passed around at the meeting. This construction is scheduled to be completed not later than January 1, 2005. D. Old Business: Executive Director, Gene Schmidt, updated the issue of the Sheriff's dwelling at Immokalee. The occupant (Deputy Sheriff and family) will be out in three (3) weeks. Facilities Management will give us their opinion on what to do with the building. E. New Business. Mr. Vasey wanted to know why we had losses in rental income and fuel sales during the past month. John Kirchner estimated the gallons sold were about the same as for the same month last year, but our projections for that month may have been too high. The CCAA instructed staff to report back with a comparison (explanation) of rental income and fuel sales from the past fiscal year with this fiscal year. Mr. Vasey would like to look at a "marketing plan" rather than a "budget numbers." Mr. Vasey would like a quarterly report. Chairman Doyle said that would be worked on. F. Public Comment. Chairman Doyle wants the board to be fully informed generally about airport issues. To this purpose, Tammie Nemechak told the Board members about the CCAA's relationship with the EDC. In her opinion, a Quantitative Analysis is an immediately required project to successfully market the Immokalee Airport intelligently. The cost will be $186,000. In her opinion: When we have the needed infrastructure, the business "will come" to the Immokalee Airport. She said that the EDC is no longer asking that the County field 60% of her salary or fund $15,000 in specified expenses. She said that she did not believe the County Manager would fund any part of this $186,000, but asked that the CCAA's budget bu scrubbed to try to find the "first quarter" of this $186,000 (or $46,500). Mr. Doyle ,L:aid we had no "fat" /4a /c16 in the CCAA' budget that could possibly fund any such expenses. Nevertheless, it was agreed to speak with Mr. Titus to see what, if anything, could be found in this Fiscal Year's budget. Mr. Vasey reiterated that he said two meetings ago that we should fund this project but he has not seen it come to fruition. Chairman Doyle asked Mr. Peterka to be the CCAA's liaison for this project. We need to find out where the money will come from to fund this by the CCAA's next meeting. Two (2) CCAA board meetings are scheduled for the remainder of this calendar year. It was decided not to delay the December meeting due to the fact that the new Director will be first reporting to work around that time. Ms. Cook could not provide constructive input if the meeting date is delayed just a few days. The budget discussion regarding the EDC's recommended Quantitative Analysis will be under Old Business" at the CCAA's next (November) meeting. It was stated that if any Board member wants to recommend subject(s) that will be of educational value to the Board, that Member should make his recommendation to Gene Schmidt, and Gene may add relevant, construction subject matter items to the Board's Agenda. G. Adjournment: Meeting adjourned by Mr. Doyle "without objection." COLLIER COUNTY LIBRARY ADVISORY BOARD Fiala Wednesday, October 27, 2004 Halas _.� _ Headquarters Library Henning AGENDA Coyle CIi1'B1i2to�r__der Approval of Minutes Literacy Program Report Report of Officers Communications a — written b - Personal Unfinished Business 1. Employee of the Month - Oct. 2. Golden Gate Library Construction 3. South Regional Library 4. Collection Development New Business General Considerations Director's Report Report of the Friends Adjournment To. )�o 2 h2/7 Naples, Florida, September 22, 2004 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIR: Doris J. Lewis VICE - CHAIR: Loretta Murray Andrew Reiss Diane Williams ABSENT: Sabina Musci ALSO PRESENT: Marilyn Matthes, Interim Library Director Roberta Reiss, Literacy Coordinator Luz Pietri, Administrative Assistant APPROVAL OF MINUTES Mrs. Lewis asked for comments or corrections to the minutes of August 25, 2004. There being none, Mrs. Williams moved, seconded by Mrs. Murray and carried unanimously, that the minutes be approved as submitted. Mrs. Reiss presented her report to the Board. She stated that preparations for the new season were underway. She stated that the North Naples Woman's Club has started a literacy program in an area that has a great demand for this service. COMMUNICATIONS — None UNFINISHED BUSINESS The Board reviewed the nominations submitted for selection of the Library's Employee of the Month. Mr. Reiss moved, seconded by Mrs. Murray and carried unanimously, to select Adam Brooks, Reference Librarian at the Naples Branch, as Employee of the Month for September 2004. In reference to the Golden Gate Library construction, Mrs. Matthes commented that it was on schedule to start on October 2005. In reference to the South Regional Library, Mrs. Matthes stated that nothing had happened since the last Board meeting. NEW BUSINESS Mrs. Matthes reported that Fiddler's Creek had donated land for the construction of a library at that site. Mrs. Matthes commented that the site is small, so the chances of building any kind of library would be small. 1 �, -7 Af She also stated that Ave Maria City is expecting the County to build a library, among other public services in that area, but this also, seems very unlikely in the near future. GENERAL CONSIDERATIONS — None DIRECTOR'S REPORT Copies of the Director's Report were distributed at the meeting. REPORT OF THE FRIENDS — None ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Williams moved, seconded by Mrs. Murray and carried unanimously, that the meeting be adjourned. Time: 2:40 p.m. le/-7 Interim Library Director's Report September 22, 2004 Hurricane Damage: Libraries had mostly landscape damage. The golf ball safety net at East Naples needs to be replaced. We continue to be extremely lucky. Construction: I am working with Budget, Facilities, and County Administration to determine construction money needed and funding sources. No decisions have been made to change any construction schedules. Facilities Changes: I'm working with staff to move some of the collections around within the Headquarters Library. Reference will be moving to the low shelf sections between the fiction and non - fiction collections. Public computers will also more into this area. Large Print, and other special collections will move into the current Reference Room. The computer carrels will become a quiet study area. Circulation: Circulation is about 3% higher than last year. It will be closed to 2.9 million items. Fiscal year ends September 30. This is the first year we have opened on Sundays year- round. Circulation has been very good. More than 50,400 items have been checked out on Sundays. Our total in FY03 was 31,275 items. The average circulation on Sunday is just over 900. In FY03, the average circulation on Sunday was 775. Fifth Avenue Book Fair: We have been asked to participate in a book fair sponsored by the 5th Avenue Merchants Association. The first would be held in November 2005. Budget for FY05: The final budget hearing will be Thursday evening, September 23. 'Unfunded requests' will be discussed. Library budget will likely be $7,039,800, a 7% increase over FY04. This adds a Library Outreach Specialist to provide additional children's services in the east and south Naples. Also added is one part-time reference librarian to work some of the weekend and evening hours. /b Z_ le_ 18 VaNdsr6iet seacA M.S.T.N. Advisory Comiwritt" 2705 Horseshoe Drive South Naples, FL 34104 October 21, 2004 Minutes I. The meeting was called to order by Chairman Dick Lydon at 10:02 AM. II. ATTENDANCE: Members: Dick Lydon, Charles Arthur, Carol Wright, Lew Schmidt, Bud Martin (Excused) Collier County: Bob Petersen - Landscape Operations, Liz DeLeon -MSTU Coordinator, Others: Robert Kindelan -CLM, Dayna Fendrick and Richard Woodruff - Wilson Miller, Joseph Bianco Jr.- Resident of Bluebill III. APPROVAL OF MINUTES: August 5, 2004 Lew Schmidt moved to approve the minutes of August 5, 2004 as presented. Second by Charles Arthur. Carried unanimously 4 -0. IV APPROVAL OF AGENDA: Add - Under "Transportation", ( B). Member Applicants, (C) Awards Program, (D) Sunshine Law Workshop Lew Schmidt moved to approve the Agenda as amended. Second by Charles Arthur. Carried unanimously 4 -0. V. DISCUSSION OF WILSON MILLER LETTER Dana Fendrick introduced Richard Woodruff who is the managing principal in the Fort Myers office. Since they have had some difficulties in the past, Richard wants to see where the Committee wants to proceed from here. Mr. Woodruff stated there are expectations on the part of the Committee and it is their goal to meet those expectations. They, of course, want to make profits, but also want to have a satisfied client. Technically their client is the County, but also the Vanderbilt Assn. He grew up in Naples and the Vanderbilt area. Knowing the neighborhood quite well he realizes some of the issues and the dynamics and diversity that exist in Vanderbilt Beach. It is a challenge to put together a comprehensive plan for a community with that much diversity. Mr. Lydon mentioned they need to move forward and put the Master Plan in action. He asked the other Committee members for their concerns and ideas of approach. Concerns from the Committee were as follows: • Not getting the service expected. • Putting information together at the last minute. • At Public meeting - information was not accurate. 16:T- /C /8 • Suggested numbers for burying utility lines be changed — they were not. • Felt Wilson Miller wasn't listening to what the Committee was telling them about the numbers. • Not realistic proposals. (Drawings/Renderings gave no consideration to sidewalk issues) • Landscaping and sidewalks for Bluebill — is under control of the Park System. • Question was asked about Contract — how close to completion, what additional charges are there, what are they liable for and what would happen if it was terminated? • Information readily available wasn't used and felt the Committee was paying for material that was already in Wilson Miller's files. • Lack of creativity. • More costs were needed when the fees were established from the beginning. • They all agreed they need to resolve and move forward. Mr. Woodruff displayed and covered the original Contract with Scope of Services, data gathering and press releases of which he feels they have done. They feel they are at the bottom of 2.3 (Preliminary Plans) and at the top of the 2.4 (Consensus Plan) He went over the two plans and found they have not found a Consensus Plan to date. Consequently they have not prepared 2.5 (Final Master Plan). He described the Consensus Plan as putting the Preliminary issues into it, bringing it back to the Committee and proceeding after some tweaking if necessary. The Master Plan is a refinement of the Consensus Plan. Page 5 of the Documents shows the fee structure schedule. They have completed items 2.1, 2.2, and 2.3. There are some Amendments for $5,500 and another for $6,000. OPTIONS ARE: • Move forward in the same direction. • Wilson Miller is prepared to complete the Conceptual Master Plan - Prepare Consensus Plan Documents - Prepare final Master Plan - Hold Presentation with Board and final presentation to the Association. (OR) • Disengage at this point His preference is to stay engaged but wouldn't leave a client unhappy. Can't always produce what a client wants. Charlie mentioned one of the problems or hang up is the picking and choosing alternatives and scope of work. It seems to be way beyond their ability to fund. The number #I priority that comes up constantly among the public is burying the utility lines_ That would wipe out their whole budget and more. They are struggling to make that decision and had no guidance. Mr. Woodruff stated it is not a minor decision — it is "the decision. " If they do not bury the utilities, they are really saying they won't bury the line ever. They have come to a fork in the road and need to make a decision. This is a historic decision to be made and not made on finances. It is expensive, but the issue is — 2 /(z 1C18 is it absolutely paramount for Vanderbilt Beach to become the community they want it to become. If so, then the decision is simple — they bury the lines and live with the consequences; whether nothing else happens for 5 -10 or 15 years. He gave examples of other areas and telling the Committee they do not have the lot depths as some with being very narrow and height constraints of buildings. They need to make a policy decision and he felt they should bury the lines and regardless of all other consequences. The reason is solely for esthetics. If the entire system was set up that way, it would be beneficial during hurricanes etc., but the entire area has not buried lines. That may be a secondary reason. The Committee needs to make that decision. Mr. Lydon mentioned the County is talking about burying lines. He had a conversation with Commissioner Halas asking if the County does this, would they pay Vanderbilt MSTU back, with the answer being they wouldn't make any commitments. The question he had is how do they reach a Master Plan? Thus far they have paid Wilson Miller $47- 48,000. All current bills have been paid. There is an additional request, and if the contract is terminated, it will be paid out of the existing funds. ($5,500 data collection) Mr. Woodruff stated that the Committee has been told by their citizens what they want and what they don't want. They do not want to spend money on other things until the power lines are underground. The option they have right now is to cease and terminate the Contract. When dealing with an underground system, they do not need a Consultant. FP &L will design the system and charge to design it and hire their contractors to install it. Charlie agreed with Mr. Woodruff. The Committee needs to decide which fork in the road to take. Wilson Miller will turn over all the information package of all the things done thus far if they terminate the Contract. If they decide to stay with their Master Plan he will work with Dayna. VI. TRANSPORTATION SERVICES REPORT: A. Budget Report — Liz Deleon Budget was distributed and the various line items discussed. (Attached) • A lengthy discussion followed on Wilson Miller's payments. • Total funds for VBMSTU is $1,235,100 • Revenue Sheet was discussed with estimates of Current Ad Valorem Taxes being $716,400. B. Member Applications — Bob Petersen Bob handed out the applications for membership — there are two openings and three applicants. (Attached) Carol Wright moved to forward the approval of Charles Arthur and Bud Martin to the Board of County Commissioners. Second Charles Arthur. Discussion followed on the applicants. Lew mentioned attendance is an important issue. The Ordinance states a member cannot have more than 2 "unexcused " absences or miss more than "half" of the meetings held in a year. Makes it difficult if a member is absent half the time. 161 /Cie Carol didn't think the public is aware when there is a vacancy on the Committee. She felt there were some people that would have applied. She mentioned that one of the applicants, Mr. Baker, lives in Baker Carroll Point and knowing that of those residents want to withdraw from the MSTU she was concerned. She didn't feel the Committee needs a member that is against the MSTU. She does not know his position. She felt it would be wonderful for someone from that area to be on the Board and in favor of the MSTU. Motion to appoint Mr. Arthur and Mr. Martin carried unanimously 4 -0. C. Award Program — Bob Petersen Bob distributed a handout concerning an Outstanding Member Service Award Program the BCC has adopted. (Attached) D. Sunshine Law Workshop — Bob Petersen Bob handed out the sheet explaining the purpose and dates for the workshop. Any new members or those that have not attended one were encouraged to attend. VII. LANDSCAPE MAINTENANCE REPORT: CLM • Trimming in last 2 weeks • Irrigation okay — running 2 times a week with no problems • Trash, bottles and debris was discussed — that can be added to the Contract for trash pick -up once a week if the Committee so desires. Lew will also talk to the Homeowners Associations about the problem. VIII. OLD BUSINESS: A. Sidewalk West Side of Gulf Shore Drive — South End Bob reported there are funds in other projects that will be brought to this project. They are waiting for permits from SFLWM District and will start construction as soon as they are received. Carol had some concerns about some changes. Bob will get a final plan, if available, and bring to the next meeting. Mr. Lydon stated this is not an MSTU project and Homeowners Assn, should be taking on any problems encountered. If there are no funds available, then the MSTU might be able to do something, otherwise the County is paying for the project. B. Status of plantings in County right -of way Update — Bob Petersen Bob reported the proper procedures were not followed. It is a legal issue and falls under the Right -of -Way Ordinance 2003 -37. Makes those responsible for anything in the ROW adjacent to their property that is considered a hazard. C. Drainage — Regatta Corner Seems sprinklers from the Regatta are the biggest problem leaving excess water. Lew will discuss the situation with the Regatta. IX. SUB - COMMITTEE UPDATE'S: A. Utilities — Charles Arthur Naples is considering underground power lines and he may talk to Commissioner Halas if the County is contemplating burying the lines. Perhaps a partnership could be established. Jim DeLony could be contacted from Public Utilities. 4 16-7 l els B. Sidewalks — Carol Wright Carol gave a synopsis of her presentation to the MPO and reported they were not awarded any funds. Showed pictures of the area. She read an email from Joe Quinty. He had some other ideas for funding. They can apply again next year to the MPO. One reason they did not get the funding was a 7.7% the MSTU was willing to fund rather than a higher amount such at 50 %. C. Maintenance — Lew Schmidt - Committee did meet with Bob & Liz and talked about the Contract. It has not gone out for bids yet, but will be out soon. CLM is on a 3 month extension. November 22nd would be the closing date and will proceed to the BCC after review by the Committee. - Replanting was discussed, will meet with Bob on the Contractor's monthly report and also a walk - through with the Contractor. - He will establish a liaison contact with Baker Carroll Point. - Hiring a Landscape Architech was discussed. D. Tax Analysis — Review Bud Martin's report from August meeting The Committee stated the HOA Newsletters did inform their residents how to calculate the MIL rate and what it is. (.05 per thousand) E. Liaison —Dick Lydon IX. NEW BUSINESS: A. Hurricane Debris — there have been problems with Naples Park debris and after much discussion it was decided Code Enforcement is the only entity that can be contacted to correct the situation. BACK TO ITEM (V) WILSON MILLER DECISION • Felt there was a lack of experience — the Committee was looking for direction. Mr. Woodruff seemed to know where they should proceed. • Felt they were steering them in other directions — Bob stated it was because they were getting feedback from other responses. • Felt it made sense to terminate the relationship now and use the money for the Utility study of $50,000. Lew Schmidt moved to thank Wilson Miller for their services and to terminate their Contract at this time. Look forward to receiving the wrap - up summary. Second by Charles Arthur. Lew amended the motion asking Wilson Miller to confirm a letter back to the Committee recommending they go forward with the communities desire to bury utility lines. Charles Arthur seconded the amended motion. Carried unanimously 4 -0. X. PUBLIC COMMENTS Joe Bianco lives in Baker Carroll Point and mentioned he was asked to sign a petition to get them out of the MSTU. He was not aware of what the MSTU did or what the funds were spent on. He does not know why the residents in Baker Carroll Point are against the MSTU. He was not aware of the survey, mailings, public 5 162 1(215 meetings and HOA Newsletters on the Master Plan. He was not sure the Committee was communicating to his community. Mr. Lydon mentioned to Mr. Bianco the MSTU can't help them inside their development as they are a gated community, not a neighborhood. Bob Petersen said they can not spend MSTU funds on public property, gated or not. Can go as far as the right -of -way only. Talked about the power lines and explained what the MSTU pays for and what the Homeowner will pay for. Dick will write a letter to Mr. Baker thanking him for his application and interest in the MSTU. XI. There being no further business to come before the Committee, it was adjourned at 12:00 Noon. The next meeting is scheduled for 2: 00 PM, November 4, 2004 AT ST. JOHNS PARISH LIFE CENTER 625 111TH Ave. Naples, FL 2 16 = lC /8 vowrreiee AMAO MAYA Advisory Cormimlit" 2705 Horseshoe Drive South Naples, FL 34104 November 4, 2004 AGENDA I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF MINUTES: October 21, 2004 IV. APPROVAL OF AGENDA V. DISCUSSION OF WILSON MILLER LETTER VI. TRANSPORTATION SERVICES REPORT: A. Budget Report - Liz Deleon VII. LANDSCAPE MAINTENANCE REPORT: CLM VIII. OLD BUSINESS: A. Sidewalk West Side of Gulf Shore Drive - South End B. Status of plantings in County right -of way Update - Bob Petersen C. Drainage - Regatta Corner IX. SUB - COMMITTEE UPDATE'S: A. Utilities - Charles Arthur B. Sidewalks - Carol Wright C. Maintenance - Lew Schmidt D. Tax Analysis - Review Bud Martin's report from August meeting E. Liaison -Dick Lydon IX. NEW BUSINESS: A. Trash B. Benches C. Project Evaluation XI. PUBLIC COMMENTS XII. ADJOURNMENT The next meeting is scheduled. for December 2, 2:00 PM, 2004 AT ST. JOHNS PARISH LIFE CENTER 625 111"H Ave. Naples, FL /6Z AC /8 NOTICE OF IMPORTANT INFORMATIONAL WORKSHOPS FOR ALL COLLIER COUNTY COMMITTEES AND BOARDS RE: SUNSHINE LAWIPUBLIC RECORDS/ETHICS LAWS & EX PARTE DECLARATION REQUIREMENTS Notice is hereby given that the Collier County Attorney Office will be presenting workshops on Sunshine Law/Public Records/Ethics Laws & Ex -Parte Declaration Requirements to the following Committees and Boards: Board of Building Adjustments & Appeals Code Enforcement Board Contractor's Licensing Board Public Vehicle Advisory Committee Workforce Housing Advisory Committee Bayshore Avalon Beautification MSTU Advisory Committee Black Affairs Advisory Board Citizen Corps Committee Development Services Advisory Committee Community Redevelopment Agency Advisory Board Disaster Recovery Task Force EMS Advisory Council Golden Gate Area Master Plan Advisory Committee Golden Gate Community Center Advisory Committee Health & Human Services Advisory Committee Immokalee Beautification Advisory Committee Isle of Capri Fire Control District Advisory Committee Lake Trafford Restoration Task Force Library Advisory Board MPO Subcommittee (Citizen Advisory Committee) Ochopee Fire Control Advisory Committee Pelican Bay MSTBU Advisory Committee Tourist Development Council Utility Authority Vanderbilt Beach Beautification Advisory Committee Revenue Commission Board of County Commissioners Planning Commission Environmental Advisory Council Affordable Housing Commission Airport Authority Bayshore /Gateway Local Redevelopment Advisory Board Citizens Advisory Task Force Coastal Advisory Committee Community Character /Smart Growth Committee County Government Productivity Committee I -75 /Golden Gate Parkway Interchange Ad Hoc Cmt Forest Lakes Roadway & Drainage Advisory Committee Golden Gate Beautification Advisory Committee Golden Gate Estates Land Trust Committee Hispanic Affairs Advisory Board Historical/Archaeological Preservation Board Immokalee Enterprise Zone Development Agency Lely Golf Estates Beautification Advisory Committee Land Acquisition Advisory Committee Livingston Road Phase II MSTBU MPO Subcommittee (Pathway Advisory Committee) Parks & Recreation Advisory Board Radio Road Beautification Advisory Committee Transportation Disadvantaged Local Coordinating Board Fire and EMS Advisory Committee Immokalee Area Master Plan Ad Hoc Cmt. Two workshops have been scheduled giving board members, staff and the public an option of either of two dates to attend. The first workshop will be held on WEDNESDAY, NOVEMBER 24, 2004, from 8:30 a.m. to 10:00 a.m. The second workshop will be held on FRIDAY, DECEMBER 10, 2004, from 2:30 p.m. to 4:00 p.m. BOTH WORKSHOPS WILL BE HELD AT THE COLLIER COUNTY GOVERNMENT CENTER, 3301 EAST TAMIAMI TRAIL, W. HARMON TURNER BUILDING (ADMINISTRATION BLDG. F), 3RD FLOOR, NAPLES, FLORIDA. All committee/board members should be knowledgeable of some or all of these laws. Especially advisable for members who haven't attended previous workshops on this subject matter. The workshops are open to the public. The workshops shall be televised and broadcast on the Collier County Government Channel. If you are a person with a disability who needs any accommodation in order to participate in these proceedings, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida, 34112, (239) 774 -8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. 162 4f I8 MEMORANDUM DATE: August 30, 2004 TO: Bob Petersen, Landscape Engineer II Transportation Department FROM: Sue Filson, Executive Manag Y Board of County Commission RE: Vanderbilt Beach Beautification MSTU Advisory Committee As you know, we currently have 2 vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert Baker 15 Blue Bill Avenue Naples, FL 34108 Charles C. Arthur 239 Channel Drive Naples, FL 34108 Alvin D. Martin, Jr. 9790 Gulfshore Drive, #306 Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments �, -z le-19 MEMORANDUM DATE: August 30, 2004 TO: Bob Petersen, Landscape Engineer II Transportation Department FROM: Sue Filson, Executive Manag Board of County Commission RE: Vanderbilt Beach Beautification MSTU Advisory Committee As you know, we currently have 2 vacancies on the above- referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert Baker 15 Blue Bill Avenue Naples, FL 34108 Charles C. Arthur 239 Channel Drive Naples, FL 34108 Alvin D. Martin, Jr. 9790 GuMhore Drive, #306 Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 /(,-,-7- 14119 Application for Advisory Committee/Boards Name: Rc. p_r ?7,al��R Home Phone: 13 y 6) -¢I I- Home Address: j;� vN 131 ci, 24 te. , X ° -ffte- _ F� Zip Code: 3q t tg Fax No. Business Pho e: --- e-mail address: Business: E p Board or Committee Applied for: Catagory (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: es "f No Do you currently hold public office ? Yes o If so, what is that office ? Do you now serve, or have you ever served, on a Collier County board or Committee? Yes No Il If yes, please list the committees/boards- Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: v•W0 4 0 (2FAj . 1yb7 C it 144A n "i ; V.1 •v im�cs2��i } '?,AY 7-r r ec "'A.sriti C C uD rnz�rt Education: $5 .yl g,4 Experience: je'— .0 YAFoiy. C o 12R Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (941)774 -3602 or e-mail to sueftlson@colliergov.net. Thank you for volunteering to serve the citizens of Collier County. Charles C. Arthur 239 Channel Drive Naples, Florida 34108 Ms. Sue Filson, Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Sue: /62 /(!VF FOEIV 0 AUG 2 : 2004, o3rd Of "Ountj commiis iWa:ers This is to let you know I am interested in serving another term on the Vanderbilt Beach Beautification MSTU. An updated application is enclosed. I apologize for not getting this to you earlier, but I was out of the country. Please call if you have questions. Thanks for your assistance. Sincerely, /'j Charles Charles C. Arthur Application for Advisory Committees /Boards Coen Count Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 /4 -7- /C4 !8 Name: 14,4nLAq Home Address: Zi Code: Home Phone: Business Phone: Fax: e-mail address: Cr 1 LX e Board or Committee Applied for: L Category (if applicable) Example: Commission District, Developer, environmentalist, Citizen- At -Lar e, etc. Are you a registered voter in Collier County? I Yes No Do you currently hold public office? _ Yes Lj I No If so, what office do you hold? Do you now serve, or have you ever served on a Collier County board or committee? I Yes I No Lj If yes, please list the boards/committees: j� Please list your community activities civic clubs, neighborhood associations, etc. and ositio held): r- O Education: F or G t Experience/Background: IN L Lab a 4a� Please attach any additional information you feel pertinent This application should he Jorwardea to yue ruson, executive manager ro me Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. Ifyou wish, please fax your application to (239)774 -3602 or e- mail to suefilsonn collierrov.net. Thank you for volunteering to serve the citizens of Collier County. /�1Z Application for Advisory Committees/Boards Coffer County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 J /C /6 Name: Home Address: n 0 G v, Crve V L 4 3-C Zip Code: , L4 0 Home Phone: -. S' Phone:23 `i ,Z - Fax: e -mail address: b �1 ., a r��t;. v►�-� Board or Committee Applied for: V Cr,, 3ec -t C3Lt >�: �crr Category (if applicable) Example: Commission District, Developer, environmentalist, Citizen-At-Large, etc. Are you a registered voter in Collier County? I Yes No Do you currently hold public office? I Yes LJ I No If so, what office do you hold? Do you now serve, or have you ever served on a Collier County board or committee? I Yes No If yes, please list the bo rdstcommittees: y,.. ' ev -�1" 'k. uc .. 5 CA.,v\vu , Uj Al Please list your communi activities (civic clVbs, neighborhood associations, etc. and positions held): M Education: 5 - 1M � ui, e, z ^ w -- l r c - "� r/ � "- jr e i Experience/Background: eeA N v e- &-k AA_ 3 • 6tIIQ_ L.\ tiU J C ; .'� C.,, 13.W Q ' Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to (239)774 -3602 or e- mail to suefelsonacollier¢ounet. Thank you for volunteering to serve the citizens of Collier County. Z4 O ts m /6-7- 1C115 Q Q q q Q 0 -i wIn o onocciggg a a c R 0 04 0 0 co vi Ix 40 1 8 C C15 v 1 0 co Lp- 0 4 O 0 0 0 a a a C 8 4 CO 00 q q 0 W) O 6 6 a a c c> 0 0 0 0 C, 1 100 Wz C go CL LL. a X C LLI C (R a a 8 0 0 O ORQOcOOOQO8 q 9 q q q so C Cc, co:, ( q q q q 9 ! ! A A 0 ( 00 6 666 0 00§ c cc a . q Q R 0000 0 Rl 1 1 ct W W� Z Cl 0 06 g g — — x x LL. CD 0 L L C! Lu -i C CC" 0 0 0 0 0 0 t ti ng- W C v— — —,V 0 0 O OD x C? O O 0 0 0 a a 0 0 0 0 0 Q Q 0 0 0 00 0 40 c 0 0 0 0 0 0 0 S S 0 C C, 0 0 4 W w 0 0 0 0 0 m m 6 6 6 6 0 0 0 0 0 0 0 0 0 0 0 4 0 6 ci 6 6 6 c 6 0 0 ci 0 0 0 0 0 .4 4 0 W w 0 0 Z LL, C21 co C4 qqoq W ,-s - 0 8 02�00 c 800 a a 0 0 0 a 0 0 C C. 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Mangan, RLA Senior Associate Vice President, Principal DATE: October 3, 2003 RE: Professional Services Proposal for Vanderbilt Beach Beautification Master Plan OVERVIEW 1.1 WilsonMiller, Inc. (WilsonMiller) has been selected to render Master Planning services to Collier County Transportation Department (Client) for the Vanderbilt Beach Beautification (VBB) Master Plan (Project). 1.2 The Project includes approximately 4.8 miles of roadways, including Vanderbilt Drive, Vanderbilt Beach Road, Gulf Shore Drive and Bluebill Avenue. The limits of the MSTU District are shown on Exhibit A. The Project is generally described as design of streetscape improvements including elements such as traffic calming, bikeways, sidewalks, street lighting, burial of overhead utility lines, entry monuments, landscape and street furnishings. 1.3 The Project will be funded primarily through the VBB MSTU, and the design will be subject to review and approval by the VBB MSTU Advisory Committee (Committee) and the Client. 1.4 This Work Authorization will be administered under the current Agreement for Professional Landscape Architectural Services. 2 SCOPE OF SERVICES 2.1 101312003- 127125 Vec 041- DFendric CAp 3 Z5555- 555 -555- - 0 Data Gatherinq & Analysis 2.1.1 Review and evaluate the following information to be provided by Client: • Existing roadway record drawings/ as -built drawings for purposes of locating pavement, underground utilities, drainage structures and water management areas, easements and other elements that could impact design. • Bicycle and pedestrian crash data for the last five years. Mr. Robert Petersen 10/3/2003 127125 V" 041- DFenddc cww Z5555- 555.555 -- 0 /6s /C /8 Page 2 • Traffic volume and speed survey data. • Intersection geometries for the four major intersections. • Turning movement counts at the four major intersections. • Previous beautification plans and/ or other relevant studies. • Ongoing transportation plans for the potential turnaround at Gulf Shore Drive and Bluebill Avenue, and the sidewalk at the south end of Gulf Shore Drive. 2.1.2 Conduct traffic counts at 4 locations. 2.1.3 Compile existing relevant maps, aerials and photographs. 2.1.4 Identify and document existing street furniture, signage and landscape treatments and areas of potential opportunity. 2.1.5 Coordinate with an FPL representative to determine criteria and costs for burial of overhead lines. 2.1.6 Prepare base data for master planning utilizing the Planimetric Data provided by the Property Appraiser's office, in conjunction with Collier County aerials and the roadway record drawings provided by Client. Base data may be sufficiently accurate for planning purposes, but will not be appropriate for the next phase of construction documentation. 2.1.7 Evaluate the information gathered, and prepare a Site Opportunities and Constraints summary. The summary may be in freehand graphic form, with notes regarding existing conditions and implications for the location and design of site improvements. 2.1.8 Prepare a news release for distribution to the MSTU Community through the newsletters of the Vanderbilt Beach and Bay Association and the Vanderbilt Beach Property Owners Association. The purpose of the news release will be to inform the community and to introduce the master planning project. 2.1.9 The work products of Data Gathering & Analysis will include: • AutoCad base maps overlaid on aerials • Site Opportunities and Constraints graphic summary • Press release /6z IC 1E Mr. Robert Petersen Page 3 2.2 Additional Data Collection As part of the existing conditions analysis, it may be determined that additional data are necessary to further the development of the Master Plan. Data collection may include additional traffic counts at key locations, turning movements counts, speed and delay studies, origin/ destination studies, survey base data, rectified aerial photography, etc. If it is determined that additional data collection is needed, the scope of such will be discussed with the Client Project Manager. 2.3 Preliminary Plans 2.3.1 Prepare up to three conceptual alternatives for the defined roadways, including typical plans and cross - sections, color renderings and image boards. Plans will address the program elements listed in paragraph 1.2. 2.3.2 Prepare an order of magnitude opinion of cost as a comparative analysis of the range of alternatives to facilitate the decision - making process. 2.3.3 Organize and facilitate one community workshop, to be held at a regularly scheduled Advisory Committee meeting. The purpose of the workshop will be to review the preliminary plans, solicit community feedback on the preliminary alternatives, and select preferred alternatives. Wilson Miller will prepare a news release to advertise the workshop, which will be distributed to the community through the newsletters of the Vanderbilt Beach and Bay Association and the Vanderbilt Beach Property Owners Association. The news release will also be provided to the Naples Daily News for a wider distribution. 2.3.4 The work products of Preliminary Plans will include: Preliminary plans and sketches (1 full size color plot of each sheet, mounted on boards, and 10 reduced copies of each sheet) Press release Opinion of cost (10 copies) 2.4 Consensus Plan 2.4.1 Summarize comments gathered at the community workshop to ascertain preferred alternatives and guide design decisions. Mark -up and redline the preliminary plans to reflect community comments and Committee input, and prepare one tissue overlay that represents the consensus plan. 2.4.2 Prepare a preliminary phasing plan to prioritize improvements and illustrate the potential incremental implementation. Phasing plan will be a freehand graphic on tissue, with notes. 2.4.3 Meet with Client and Committee to review consensus plan and phasing plan to confirm goals of Committee and community are reflected. 1013/2003- 127125 Vef: 041- DFendric CAM3 Z5555- 555 -555- - 0 Mr. Robert Petersen 16= /c/g Page 4 2.4.4 The work products of the Consensus Plan phase will include: Consensus plan (1 tissue overlay and 1 full size color scan). Preliminary phasing plan (1 tissue overlay and 1 full size color scan). 2.5 Final Master Plan 2.5.1 Based on Committee and Client's review and approval of the consensus plan, incorporate comments and proceed with final master plan refinements. The final master plan will reflect the defined program elements, which may include: • Traffic calming techniques and locations • Bikeways and sidewalks • Landscape design and plant palette • Street lights, street furniture and special paving materials • Entry monuments and signage concepts • Burial of overhead utility lines 2.5.2 Prepare a conceptual opinion of cost based on the final master plan. 2.5.3 Prepare a phasing plan. 2.5.4 Prepare a Final Master Plan Report summarizing the master plan recommendations, phasing, opinion of cost, and outlining the long -term vision of the master plan. 2.5.5 Present the Final Master Plan to the Committee and MSTU Community at a regularly scheduled Committee meeting. WilsonMiller will prepare a new release to invite the community to review the final master plan at the meeting. The news release will be distributed to the newsletters of the Vanderbilt Beach and Bay Association and the Vanderbilt Beach Property Owners Association, and the Naples Daily News. Collier County Commissioners will be invited to the meeting as well. 2.5.6 Provide the Final Master Plan to be scheduled on the Board of Collier County Commissioners agenda for adoption. 2.5.7 The work products of the Final Master Plan phase will include: • Final master plan (3 full size color plots and 10 reduced size color copies) • Opinion of cost (10 copies) • Phasing plan (3 full size color plots and 10 reduced size color copies) • Final master plan report (15 copies) • Press release 101312003- 127125 Ver D41- DFen&c CA"3 25555- 555555- - 0 Mr. Robert Petersen 2.6 Reimbursable Expenses /6z 14218 Page 5 Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service, travel and long distance telephone calls shall be reimbursable to WilsonMiller. 3 ASSUMPTIONS 3.1 The design work will commence approximately in the fall of 2003 and will be completed by the end of March 2004. This time frame will allow for the review and participation of seasonal residents of the community. Should the time frame extend beyond the proposed schedule through no fault of WilsonMiller, Inc., WilsonMiller will be entitled to additional compensation, to be identified at such time as the schedule is adjusted. 3.2 WilsonMiller representatives will attend the monthly meetings of the Committee during the specified time frame, including the two meetings at which the public workshop and presentation will take place. Should any additional meetings be requested or necessary, they will be performed as additional services. 3.3 The Client will provide the information outlined in paragraph 2.1.1. Should it become necessary for WilsonMiller to collect a portion of the information, the scope of such data collection will be determined with the Client Project Manager, and will be provided as additional services. 3.4 The bicycle and pedestrian crash data outlined in paragraph 2.1.1. will be provided in a summarized, digital format. 4 FEES The fees for SCOPE OF SERVICES as defined in Section 2 shall be as follows: Paragraph Description Fee Type Amount 2.1 Data Gathering and Analysis Fixed $20,250.00 2.2 Additional Data Collection Fixed TBD 2.3 Preliminary Plans Fixed $18,640.00 2.4 Consensus Plan Fixed $ 6,560.00 2.5 Final Master Plan Fixed $24,740.00 2.6 Reimbursable Expenses T /M /E $ 2,500.00 TOTAL $72,690.00 10/3/2003- 127125 Ver: 041- DFendnc CA 3 Z5555-555 -555- - 0 Fiala Halas Henning--- - Coyle Coley COUNTY GOVERNMENT Pelican Bay Services Division RECEIuf- 801 Laurel Oak Drive • Suite 605 *Naples, Florida 34108 • (239) 597 -1749 • Fax (239) 597 -4502 NOV 0 3 2004 NOTICE OF PUBLIC MEETING Board of �ount.y Commi S$ iOners NOTICE IS HEREBY GIVEN THAT THE PELICAN BAY SERVICES DIVISION BOARD WILL HOLD A PUBLIC MEETING ON WEDNESDAY, NOVEMBER 3, 2004 AT 3:00 P.M. AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES, FLORIDA 34108 AGENDA 1. Roll Call 2. Approval of Minutes of the October 6, 2004 Meeting 3. Public Participation 4. Chairperson's Report Commissioner Halas Meeting East of the Berm Project Oakmont Extension — HMA Vacant Lot Coastal Advisory Committee Appointee Commercial Board Member Replacement Procedure Foundation Issues of Interest Ad Hoc Committee on Pelican Bay Redevelopment Comcast 10 Year Contract being finalized Ordinance Review Committee Membership 5. Sub - Committee Reports Clam Bay Sub - Committee Interior Channel Construction & Maintenance Clam Bay Monitoring and Improvement Schedule Beach Renourishment System III & IV Berm & Retention Area Improvements Budget Sub - Committee Foundation Mission Statement Financial Reporting Format 6. Administrator's Report Capital Projects Gulf Park Drive Irrigation and Landscape Improvements Community Issues Tree Replacement — Hurricane Charley Oakmont Extension Improvements Hurricane Charley Storm Damage Sidewalk Overlays and Repairs 7. Committee Requests 8. Adjourn All interested parties are Invited to attend, to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. Any person who decides to appeal a decision of the Board or quasi - judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the pf .Ocegdin is made, which record includes the testimony and evidence upon which the appeal is If you are a person with a disability who needs any accommodation in order to participate i�is ding, you are entitled, at no cost to you, to the provision of certain assist?ncp. the Pelican Bay Services Division Office at 597 -1749. . K41uc( /C z 100 PELICAN BAY SERVICES DIVISION BOARD MEETING October 6, 2004 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, October 6, 2004 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. James Carroll, Chairman Mr. David Nordhoff Mr. Christopher Sutphin, Vice Chairman Mr. David Roellig Mr. M. James Burke Mr. Donald Spanier Mr. John Domenie Mr. Edward Staros (Absent) Mr. John laizzo Mr. George Werner Mr. Glen Harrell ALSO PRESENT: Ten (10) Pelican Bay residents; Deputy Carmine Marceno Collier County Sheriff's Office; Mr. Tim Hall, Turrell & Associates; Mr. Matthew W. Mathias, Senior Vice President, Wachovia Bank; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Division Administrator, Pelican Bay Services Division and Ms. Jean Smith, Acting Recording Secretary. AGENDA: 1. Roll Call 2. Approval of Minutes of the September 1, 2004 Meeting 3. Public Participation 4. Chairperson's Report Budget Approved by the Board of County Commissioners East of the Berm Improvement Project — Status Commissioner Halas September Meeting Waterside Approval HMA Property Cleanup North Vanderbilt Garage Schedule Preserve Area Behind Albertson's- Foundation Parking -.93 Acres Foundation Issues of Interest Community Center Construction Completion Schedule Hurricane Impact 5. Sub - Committee Reports Clam Bay Sub - Committee Interior Channel Construction & Maintenance System III & IV Berm & Retention Area Improvements Water Quality Testing for Pesticides Clam Bay Annual Report - Status Beach Renourishment Budget Sub - Committee Financial Summary Report Fiscal 2004 Year End Review and Fiscal 2005 Budget Cost Reduction Program — Paperless Communications 6. Administrator's Overview Capital Projects Gulf Park Drive Irrigation and Landscape Improvements Community Issues Oakmont Extension Improvements Hurricane Charley Clean -up Sidewalk Overlays and Repairs 5861 !6-7- 1c IF Pelican Bay Services Division Board October 6, 2004 7. Committee Requests 8. Adjourn ROLL CALL Mr. Carroll asked that the Record reflect that all members are present with the exception of Mr. Ed Staros with an excused absence. APPROVAL OF THE MINUTES OF THE SEPTEMBER 1, 2004 REGULAR MEETING Mr. Sutphin moved, seconded by Mr. Domenie and approved unanimously the Minutes of the September 1, 2004 regular meeting. Mr. Carroll stated, "Before I get into the Agenda, I would like to introduce Mr. Matthew Mathias ". Mr. Mathias is Managing Director of Wachovia Bank and is interested in filling the vacancy on the Board created by Mr. Harrell's resignation. Mr. Ward stated, "First of all, Mr. Mathias is a banker, and that is always good because he manages money". Mr. Mathias stated, " I have worked with Wachovia for fifteen years, all here in Southwest Florida ". I have been in Naples since 1992, after graduating from Florida State University, coming from West Virginia. Once I got to Florida I decided I was going to stay. I have been located in the Pelican Bay offices since 1994 and active in the commercial enterprise since that time. I am an avid golfer, love to fish and love wildlife. Mr. Werner asked, "What is the process to get Mr. Mathias appointed to the Board "? Mr. Ward replied, "Mr. Carroll and I have talked about this issue ". If you look at the Ordinance that establishes this Board, I think you could handle filling the vacancy by simply having the County Commission appoint Mr. Mathis to fill Mr. Harrell's term, which I think is the appropriate way in which to proceed. My conversations with Mr. Brock's office and Mr. Carroll's direct conversations with Mr. Brock, have indicated that because we do have an election coming up this November, that they would still like that position to go through that particular election process, irrespective of the fact that there is another year on Mr. Harrell's term. I am not so sure I find that particularly difficult since it is the commercial interest voting for that particular seat. Mr. 5862 /6a (f /9 Pelican Bay Services Division Board October 6, 2004 Mathias could fill the seat from now until then and his name would be placed in candidacy if he chose to do so. Mr. Werner asked, "Do we have any part in this temporary appointment"? Mr. Ward replied, "You could ". I am not so sure that I am recommending that you do that. What I have suggested is that he is the only individual that has expressed an interest. From staff's perspective, we can follow up with the County and prepare the necessary documents to get on the Commission Agenda. Mr. Carroll has indicated that he will be glad to mention that to Commissioner Halas and move the.process forward.. That would be my recommendation to you as to how proceed forward at this point in time. Mr. Domenie asked, "In the meantime, can we invite him to participate in all of the meetings "? Mr. Ward replied, "As a member of the audience he can participate ". Mr. Carroll stated, "I will take this to my meeting with Commissioner Halas in two weeks and Mr. Ward will provide me with any necessary papers and check with the County Attorney at that time ". The appointment would probably occur in November and Mr. Mathias would have to get his name placed on the ballot when it is advertised in December. PUBLIC PARTICIPATION Deputy Carmine Marceno stated, "Just so that you are aware, we took enforcement action on the bicyclists that have been riding the streets, which resulted in sixteen (16) citations ". A lot of people are happy about this enforcement, but there are quite a few that are unhappy. We have been receiving numerous complaints from Pelican Bay residents about the bicyclists. The citations that were issued were for $115.50, which is the same as for a motor vehicle. Most of the bicyclists are attorneys and doctors and they have indicated that they are not going to change their driving habits. Mr. Ward stated, "I want to thank the Sheriff's office ". They do a phenomenal job in enforcing the traffic laws and do a great job for us in Pelican Bay. I will send the Sheriff a letter thanking him on behalf of this Division for enforcing the laws of the State, whether you are riding a bike or driving a car. 5863 16- 1 i i9 Pelican Bay Services Division Board October 6, 2004 Mr. Burke stated, "It has to be remembered that this is not three or four people, but seventeen to twenty riders going through those stop signs ". Deputy Marceno stated, "I came in before 5:00 AM at times to meet with the riders and verbally warned them numerous times, to the point that they told me that you have a job to do and if you see something do it ". They were not going to listen. After exercising numerous other options, our last resort was to site them. CHAIRPERSON'S REPORT Mr, Carroll stated,. "I have replaced Mr. Burke with Mr. Spanier to be our contact for Commissioner Halas's District 2 Meetings ". Mr. Spanier, have you attended any of these meetings? Mr. Spanier replied, "No, but I have been in touch with Commissioner Halas's secretary". Mr. Carroll stated, "I attended the last meeting and found it quite interesting and productive ". There were thirty to thirty -five people in attendance. I would appreciate it if you would report any significant information to this Board. I want to thank Mr. Burke for doing this reporting for a year. Mr. Burke stated, 'There have been some changes made for the Commissioner's meetings in October and November'. BUDGET APPROVED BY THE BOARD OF COUNTY COMMISSIONERS Mr. Carroll reported that the Board of County Commissioners have approved the Fiscal Year 2005 Budget. The financial discussion is going to take place later when we get to the Budget Sub - committee, so all I am reporting on is that Mr. Ward and I attended the meeting. The only question asked by one of the Commissioner's was, did this Board approve the Budget? EAST OF BERM IMPROVEMENT PROJECT — STATUS Mr. Carroll stated, `This is a very active project ". You have been provided a diagram of what is happening. To keep you informed on the process, Mr. Seblatnigg, Mr. Kinney and I had our second meeting and covered this project. Mr. Ward, do you have any of this on Power Point, or do you want me to comment more on our discussions? 5864 16 a- Xc /9 Pelican Bay Services Division Board October 6, 2004 Mr. Ward replied, "I thought you might handle what you have handled and then under Clam Bay I will cover the details ". Mr. Carroll stated, "What is worth mentioning is that this is a joint project being worked on by our two organizations and there are some issues having to deal with the condominium associations all along the berm ". We have decided that it is very timely to get to those associations to put some money into their budgets for doing some of the landscaping work that needs to be done along the berm. Mr. Kinney and Mr. Seblatnigg are going to be on the front line and they have, already made contact with the Crown Colony people. They will systematically. go through their list and encourage the different associations to put some money in their budgets for this work. They will also begin to interest the associations in the business of saving water by installing different types of sprinklers and using less fertilizers, etc. Although that is part two of this entire project, we have linked them together. This will be covered more when we get to the Clam Bay Sub - committee Report. COMMISSIONER HALAS SEPTEMBER MEETING WATERSIDE APPROVAL Mr. Carroll stated, "I am sure you read in the newspaper where the Waterside Expansion has been approved ". It was a rather close vote, but it passed unanimously. At first it appeared to be a 3/2 vote, but it ended up being 4/1. That is done and behind us. HMA PROPERTY CLEANUP Mr. Carroll stated, `This is a parcel on Oakmont Extension that you see as you drive into Albertson's ". The parcel has become an eyesore and is featured more now as we are fixing up the Oakmont Parkway median. Mr. Lukasz has talked with the HMA people and they came out and cut the grass, which did not solve the problem, so I talked with Commissioner Halas who indicated he was dealing with them on other matters and would try to talk with them about this issue. In any event, Commissioner Halas has indicated the HMA people would do something about it. Mr. Lukasz, have the HMA people contacted you? 5865 16-Z /C 8 Pelican Bay Services Division Board October 6, 2004 Mr. Lukasz replied, "No, they have not, but the first time they mowed the grass it was only by the swale and this morning I noticed that the entire lot had been mowed ". They did not clean it up to the natural areas and they did not mow the swale. Mr. Domenie asked, "Do they need to fill that swale"? Mr. Lukasz replied, 'The swale needs to stay'. The piles of dirt can be removed. Mr. Carroll stated, "If you will let me know in a few days that that is all they are going to do, I will go back to Commissioner Halas and tell him that more needs to be done ". We may need to get a local Qontact to meet with you to_teU them what needs to be done. Mr. Werner asked, "Isn't their main office in Pelican Bay'? Mr. Carroll replied, "I don't know, is it "? Mr. Domenie stated, "Yes, the building is right next door to our offices ". Mr. Mathias stated, "I am very close with their senior executives and if you would provide me with me more detail, I will bend their ear". Mr. Carroll stated, "We need someone to go out there with Mr. Lukasz and have him tell them what needs to be done ". Mr. Lukasz has actually talked about the possibility of placing a hedge along the extension to at least screen the area. Did you contact the Marketplace about the north boundary? Mr. Lukasz replied, "The Foundation was to contact the Marketplace ". NORTH VANDERBILT GARAGE SCHEDULE Mr. Carroll stated, "We asked Commissioner Halas for the schedule for the North Vanderbilt Garage and we found out that it is scheduled to be started next April ". This was only information because people had been asking about it. It is on the agenda for next year. PRESERVE AREA BEHIND ALBERTSON'S- FOUNDATION PARKING -.93 ACRES Mr. Carroll stated, "One item that we did bring up with the Commissioner is that there is about a four acre strip of ground behind Albertson's and the new Community Center". The Foundation wants approximately .93 acres of it, strategically located to the Community Center, to provide more parking. This is a preserve area that was built into the initial plans and the first 5866 !�.z L4 /9 Pelican Bay Services Division Board October 6, 2004 reaction was negative. They said they were not going to do it and Mr. Kinney is still working from his angle on that issue. Mr. Ward, do you know any more about that? Mr. Ward replied, "In terms of the history of it, that happens to be a preserve area that was permitted as part of the Oakmont Subdivision. At the time that was land that the County wanted placed into a preserve that was not necessarily required by code, but they managed to get it. If you go out and look at it, it is just a simple Scrub Oak area and at the time WCI decided it was better that it be put into a preserve than to argue with the County Environmental staff. It does not serve any useful benefit other than looking like it does and in my opinion it does not look good. Mr. Carroll stated, `The Foundation is not willing to give up yet". Commissioner Halas was not very optimistic about doing anything. As I understand it, this is not one that has to go to the State. Mr. Ward replied, "No, this was just an area that was left natural as a result of implementation of the PUD ". Mr. Domenie asked, "Is there some mitigation that the Foundation can do by buying some land some place else ". Mr. Ward replied, "I do think there is a lot that the Foundation can do if they have the correct team to assist them in moving that process forward ". Mr. Carroll stated, "My first impression was that mitigation had to be within Pelican Bay, but Mr. Ward says that is not so ". Mr. Ward replied, "That is so not true ". FOUNDATION ISSUES COMMUNITY CENTER CONSTRUCTION COMPLETION SCHEDULE Mr. Carroll stated, 'The completion date for the new community center is now scheduled for September of 2005 ". Construction is now underway and the delays have been taken care of. HURRICANE IMPACT Mr. Carroll stated, "At our meeting Mr. Kinney reviewed the impact of the recent hurricanes on the beach and restaurants ". Of course, there were significant issues. The canvas 5867 14 -Z /,�! F Pelican Bay Services Division Board October 6, 2004 covers had to be removed, business was lost because people were not going down to the beach and this certainly has not done anything for the Foundation's budget. Fortunately there was no physical damage. Mr. Carroll stated, "I have decided that I am going to appoint an ad hoc committee to take a look at the Ordinance that created our organization ". The Ordinance is approximately two and one -half years old and contains some words that deal with the transition and are no longer necessary. I would also like the Ordinance reviewed from the standpoint of reflecting what this Board does and what our. responsibiIities. are. i.n a more appropriate and updated way. I spent some time on the phone this morning discussing this issue with Mr. Brock and he indicated that the Ordinance may need some updating but he was not encouraging any major changes. He was supportive of taking a look at the Ordinance. I have not decided who I will put on that Sub- committee, but I will Chair it myself. I feel it is something that I am initiating and I am anxious to see happen. The only person I have contacted about the committee is Mr. Vlasho and he would be willing to serve. I would hope to initiate a start on that review over the next month. Mr. laizzo asked, "Is there a part of that Ordinance that you have some heartburn with or do you just want to review it "? Mr. Carroll replied, "I have read it over several times and some of the things that are alluded to are obsolete and are not the way we function ". When you look ahead and you think that the Community is going to be focusing on annexation questions over the next six months, something like the Ordinance that creates us ought to be as descriptive and up -to -date as it can be. Mr. Domenie asked, 'Would you also include some comment about the Registry Hotel and their voting °? Mr. Carroll replied, "Yes, that is one of those details ". , When that was discovered I went right to Mr. Brock and asked for it to be changed. Mr. Brock indicated that he did not want to make that change right then. Certainly, part of this would be to get that straightened out. Mr. Roellig asked, "Are you going to have any Board Members on your Sub - committee "? :.: /6.z 1c 19 Pelican Bay Services Division Board October 6, 2004 Mr. Carroll replied, "Yes ". Mr. Roellig asked, "Is that going to be a problem "? Mr. Ward replied, "I did not hear your question ". Mr. Roellig replied, "Apparently this is going to be a Sub - committee of one Board Member with various non -board member participants ". Is this going to be a problem with the Sunshine Laws? Mr. Ward replied, "What Mr. Carroll and I had talked about was that it was not a Sub. committee of the Board, but. he was going to. have .a volunteer group of residents take- a look at this issue and make recommendations to you. He is not appointing anybody, but is asking for volunteers to assist him in this endeavor. Mr. Carroll replied, "It would be representative of the other groups in Pelican Bay". Mr. laizzo stated, "You might consider the other Services Division Chairmen ". I believe Dr. Varley was also involved at one time. Mr. Carroll replied, "I was also thinking of Mr. Trecker". Mr. Werner asked, "If we are annexed into the City, we still cannot be governed by County Ordinance can we "? Mr. Carroll replied, "No, and Mr. Brock tried to explain that to me ". If we would be annexed, in order to maintain the overseeing of Pelican Bay the way we do it now, the City would have to create something comparable to the MSTBU. Mr. Werner asked, "Do you want to get a good Ordinance there for them to copy'? Mr. Carroll replied, "Yes, but the initiative would have to come from the City to set up some method where we could do the same thing that we are doing now". Maybe we wouldn't have to do all of these things, and they would be doing some of the things, but that is the way it would have to happen. Mr. Domenie asked, "Would these meetings be open to the public "? Mr. Carroll replied, "No, they would not be advertised ". SUB - COMMITTEE REPORTS CLAM BAY SUB - COMMITTEE INTERIOR CHANNEL CONSTRUCTION & MAINTENANCE :•' 16-7- A2i9 Pelican Bay Services Division Board October 6, 2004 Mr. Burke stated, "The interior channels are moving along nicely". The channels have been identified, surveyed and the specifications are being put out to bid. That work could begin relatively quickly. Mr. Hall stated, "We had been shooting for later in the year, but I believe the plan is to get them done during the first quarter of Fiscal Year 2005 ". CLAM BAY ANNAUL MONITORING AND IMPROVEMENT SCHEDULE Mr. Burke asked, "Mr. Ward or Mr. Hall, do you have anything you want to say about the schedules "? Mr. Hall replied, "Only what I have brought up about establishing a date to present the Annual Report". Mr. Burke stated, "We were talking about the December meeting ". Mr. Hall stated, "In the past it has been a special meeting because of the time involved ". Mr. Ward replied, "Right now it is scheduled for completion at the end of November, so assuming it can be gotten to us on time, we will make it a part of your regular December Meeting ". Depending upon what other actions you have for that meeting, the Annual Report will be the majority of your meeting for that date ". Mr. Carroll asked, "Would that be the Board Meeting or the Clam Bay Meeting "? Mr. Ward replied, "I think it should be one meeting so that it does not have to get done twice, so we will let the full Board deal with it ". BEACH RENOURISHEMENT Mr. Burke stated, "We have had a lot of discussion about that project ". At today's Clam Bay Meeting, we discussed and moved on making a recommendation to the full Board that whatever happens with the beach renourishment between the State and County, that we let the County know ahead of time that we only have a specific amount of money to put against that project. That came up as a result of the issues that Mr. Roellig brought to us, that there may be issues of monitoring and possible mitigation that could get into the $1,500,00042,000,000 range. Rather than have to face a surprise, we go up front with a recommendation. We did not discuss a 5870 l�,s /e /9 Pelican Bay Services Division Board October 6, 2004 specific amount of money, but we want to make a recommendation to the full Board that we get into the process of establishing what that amount of money is. Mr. Carroll stated, "Maybe you should make a motion and then we can discuss it further". I realize that you don't have an amount, but the principle is pretty important. Mr. Roellig stated, "I would propose that instead of a set amount of money, that we recognize that we are responsible for the actual placement of the sand and not mitigation ". The dollar amount could be difficult to estimate at this time. If we indicate that we are only going to fund the actual placement of sand that would-work. Mr. Burke stated, "That may go back to the original $750,000 ". Mr. Sutphin stated, "In the approved budget we have $700,000 for beach renourishment, plus a contingency, which I think we cut in half'. Mr. Werner stated, "No, I believe we removed the entire contingency". Mr. Sutphin stated, "There is $700,000 in the budget and if we want to limit our exposure, that is our limitation, unless we amend the budget ". Mr. Werner asked, "Assuming that beach renourishment is not going to occur this Fiscal Year, which is kind of the conclusion, aren't we moving that money to other projects, including the berm and irrigation improvements "? budget ". Mr. Sutphin replied, "I believe so, but the intent was to roll $700,000 into next year's Mr. Ward replied, "The intent was not to roll it into next year's budget, but to use it for other capital elements that were identified for Fiscal Year 2005, and then re- budget another $700,000 in Fiscal Year 2006 for beach restoration, if the permit did not come through ". Mr. Roellig stated, "The other thing I think we should look at doing is to have our intent to fund, an option contained in the contract ". When they get the bids we can either exercise the option or not, rather than have a set dollar amount. There is no reason that it cannot be included as an option item and then we can decide whether to move forward or not. Mr. Carroll stated, "I hear two things going on here ". I hear Mr. Sutphin saying that we have projected $700,000 for Fiscal Year 2006. Mr. Roellig is saying not to put the number in 5871 14�z Jz-4 /9 Pelican Bay Services Division Board October 6, 2004 there, but define what we would do and then respond. If it would come out $1,200,000 we might decide not to exercise the option. cost'. Mr. Roellig replied, "Yes, we might decide not to exercise our option ". Mr. Burke stated, `The $700,000 was our estimate of what the placement of sand would Mr. Roellig stated, `That was a figure the contractors pulled out of the air a long time ago ". It is not a firm figure. Mr. Domenie stated, `That was for Fiscal Year 2005 and in Fiscal Year 2006 the- beach may have eroded more and may require more or less sand ". Mr. Sutphin stated, "I will correct what I said before ". Because the Board voted to use funds allocated for beach renourishment for irrigation projects, there is currently no approved funding for beach renourishment ". Mr. Ward replied, "Correct'. Mr. Sutphin stated, `Therefore, any proposal from the County would have to come to this Board for approval'. Do we need a motion? Mr. Werner stated, "My concern is that we let the County know that we are not going to have unlimited resources and that we are committed to only spending certain dollars for beach renourishment'. We have no input in negotiating the permit with the State, so why should we open our wallets and say take whatever you want? Mr. Roellig replied, 'The problem with putting in a dollar amount is that it could be $500,000 or $1,500,000 ". Mr. Carroll stated, "Mr. Werner, picking up on what you were talking about, it appears to me that in one case you are talking about a fixed number, which we do not have a good handle on or we could talk about defining it in a specific way". We could define what we would not do such as mitigation and restoration of the hard bottom. That is the alternative. Which is the better way to go? I know Mr. Roellig would rather not see a number. Mr. Burke, after that great input, do you want to take a stab at a motion? 5872 16Z lc /11 Pelican Bay Services Division Board October 6, 2004 Mr. Burke stated, "I see merit to both sides, but Mr. Roellig what you are saying is if we toss out $700,000 and it comes back less, is that a possibility'? Mr. Roellig replied, "That is possible ". Part of the plan to avoid the hard bottom might be to put in a smaller beach. The $700,000 number was something pulled out of the air approximately a year ago. Mr. Werner asked, "Why can't we say we will limit the scope of our participation to putting sand on the beach to a maximum of "x" dollars "? Mr..Domenie asked, "I feel.that it is veEy difficult to set a cap on it because we don't know what our beach will be like in a year". When are the negotiations with the County taking place? Are they ongoing? Mr. Ward replied, "No, it just doesn't matter". What staff has told them is that we were going to pay for beach restoration and at the time it did not include mitigation or hard bottom restoration and was not on the State's table at that point in time. The County is handling this negotiation with the State and I suspect mitigation and hard bottom restoration will come out of that permit process. I think we do need to articulate that we are going to pay for the restoration of this beach, which means placement of sand on the beach and we have a finite amount of money to do that. If it falls outside of those parameters, then at the moment we are not in a position to financially participate and that we are not funded at that level. Mr. Domenie stated, "If they come back and say it is going to cost $1,000,000 and we have said $700,000, would they come back to us or would they say you are out of the game "? Mr. Ward replied, "I think they will come back and say it is going to be $1,000,000, do you want to spend it or not "? Mr. Domenie asked, "By putting the $700,000 figure, are we closing the door on beach renourishment "? 5873 r/ z ley? Pelican Bay Services Division Board October 6, 2004 Mr. Ward replied, "I don't think you are ever closing the door". I think it is a good idea to put it on the table that is what we want to pay for and we will see how far up the flagpole that will fly. Mr. Burke moved, seconded by Mr. Werner and approved unanimously that we limit our participation in beach renourishment to $700,000 and that the scope of participation be limited to placing sand on the beach, not mitigation or monitoring. SYSTEM III AND IV BERM AND RETENTION ARE IMPROVEMENTS Mr. Burke stated, "The plan, as developed by Mr. Lukasz and Mr. Lieber and presented to us, allows the Pelican Bay Services Division to move forward with the System III & IV berm and retention work ". Mr. Ward, I understand that you and the Foundation are working in getting the associations involved to do their part. The Clam Bay Sub - committee wanted to recommend that the full Board proceed with the plan as presented to us. Mr. Domenie asked, "Is that the $75,000 "? Mr. Carroll replied, $200,000 ". Mr. Domenie stated, `The $200,000 covers re- strengthening of the berm on the west side ". From what I can see, this part is $75,000. Mr. Ward replied, "No, I believe it is a $150,000 figure ". It is $200,000 for this program, exclusive of our berm restoration work. down "? work ". Mr. Werner asked, "Do you still have the sheet from last month showing the break Mr. Ward replied, "Not with me ". Mr. Werner stated, "Mr. Domenie, I have the same memory as you ". Mr. Ward replied, "Mr. Lukasz has indicated that it is $203,000 and includes the berm Mr. Burke moved, seconded by Mr. Roellig and approved on a vote of 911 to move forward with the System 111 and IV berm and retention area Improvements as presented. Mr. laizzo cast the dissenting vote. 5874 /bZ ICIF Pelican Bay Services Division Board October 6, 2004 Mr. Burke stated, "One last item I have, is that Mr. Hall reported on the results of the water sampling survey'. We all have a good feeling about the report and that there is no pesticide or herbicide overload in the system ". That is good and the reason why we conducted the test. The results did pick up ammonia and copper in undue amounts, rather than at standard. As far as we know they have no harmful affects on mangroves, but Mr. Hall will continue to look at that to get a fix on the source. Mr. Carroll stated, "Our main objective of checking for herbicides and pesticides is that there were none detected ". Mr. Hall stated, "It is important to note that where we picked up the samples was in the stormwater management system, not in the mangroves ". That shows that even though the ammonia and copper levels are there, the system is doing its' job and they are not passing through into the waters going into the Gulf of Mexico. That testing did help us to show that as well. BUDGET SUB- COMMITTEE FINANCIAL SUMMARY REPORT Mr. Sutphin stated, "The first item is a Financial Summary Report". The proposed financial summary is impractical. The reason it is not practical, is that its' purpose was to compare monthly performance against budget and Collier County does not take an annual budget and turn that into a monthly operating plan. It simply does not exist. A budget is approved for a year and there is no way to tell how that money is planned on being spent over the course of that year. The good news is that I have become convinced after numerous conversations with staff, that it is virtually impossible to overspend the budget in Collier County. It just cannot be done. We could run out of money, but there are sufficient checks in place, at the procurement and hiring level and all levels of commitment, that you cannot overspend the budget. That being said, the Budget Sub - committee is focusing on ways to utilize the current County Financial Reporting, which is very complex and almost mind numbing when you first look at it. We had the County Budget Director at our last meeting, primarily for the purpose of explaining to the Sub - committee what was possible to generate in terms of meaningful reports utilizing the County system. We are 5875 16 -7- hf /� Pelican Bay Services Division Board October 6, 2004 making significant progress. Ms. Jean Smith has become actively involved in this and I think we are going to get better information, with less effort, as we move forward. I will ask you to be patient because it is a complicated system and learning how to translate the output of that system, with meaningful documents that the Board can understand, is not a simple task. I would rather try and devote the effort to that rather than create manually generated reports, which result in ongoing extra work, as opposed to putting the effort out front and trying to design something that the system will produce and will accomplish what we want. FISCAL 2004 YEAR END REVIEW AND FISCAL 2005 BUDGET - - Mr. Sutphin stated, `The Fiscal Year ended September 301h, six days ago ". Each of you received a set of reports showing numbers as of the year -end cut off. I have put four of them on Power Point in similar format. I would like to point out a couple of things that Ms. Smith has learned to do. First of all, we have learned to combine individual funds into a summary report and until we talked to the County Budget Director we did not believe was possible. We also learned to print from the program database to Adobe Acrobat and add headings that are comprehensible, as opposed to County numerical account coding, which certainly does not mean anything to me. What you are looking at is a summary of all operating funds for the entire Fiscal Year 2004. 1 think that this shows that we under spent the budget in Fiscal Year 2004. Where does that money go? Mr. Ward replied, "It goes down into what we call Reserves or Fund Balance in the particular fund that it was under spent in and ends up as cash in the bank ". Cash and reserves at year -end for this Division are the same thing. Mr. Sutphin stated, "This is a plus for next year's budgeting process, in that we have more cash to start the year than we thought we had ". That is really the sole purpose of this report. The detail behind this, by line item, is in your agenda package. Mr. Domenie asked, "We only spent $107,000 in Capital Outlay"? Mr. Sutphin replied, 'That is different Capital than what you call Capital Projects ". This would be regularly scheduled asset replacement that this Board rarely gets involved in. 5876 ld _ / (_/r Pelican Bay Services Division Board October 6, 2004 Mr. Sutphin continued, "The one thing that I am still told that can't be done, but I haven't accepted as yet, is to combine Clam Bay Funds with what you would call Operating Funds ". For right now you are seeing Clam Bay separate from the classical Operating Funds of Community Beautification, Water Management, Security and Street lighting. This is one I think the Board should monitor on a monthly basis, because these are funds that Collier County budgets for the Clam Bay system and we are not spending it. I am not saying that it is our job to waste money, but I think there are things that could have been done in the Clam Bay system, that for one reason or another we did not-do, so now we are -going to send the balance back. Mr. Domenie asked, "Mr. Ward, does that cover the dredging of the pass, the maintenance of the channels and what else "? Mr. Ward replied, "All of the monitoring reports required under the State and Federal Permits ". Mr. Domenie asked, "Why didn't we spend it "? What has been budgeted and what didn't we spend? Mr. Sutphin replied, "I don't know that it is productive to go through this in depth ". It might be something that the Clam Bay Sub - committee might want to get into at a future meeting. I have no idea, but it bothers me to send back $200,000 of money that the County would have to increase the assessment on the residents to cover. Mr. Carroll stated, "Are the items in the first column detailed some place to see what we did and didn't spend "? Mr. Burke, I think your Sub - committee should take a look at that to get a better understanding. Are you saying that this particular item ought to be brought up each month? Mr. Sutphin replied, "It could be brought up each day if you wanted ". This is a real time system. Ms. Smith stated, `These reports were run a couple of days ago versus what you have there ". These figures change on a daily basis and they will continue to change until the auditors have audited the funds and the books are closed on Fiscal Year 2004. These are not final numbers. 5877 162 /21? Pelican Bay Services Division Board October 6, 2004 Mr. Sutphin stated, "Everything is on a cash basis and there may be bills out there that have not been paid, however, the commitment column is blank ". There are no outstanding Purchase Orders that have not been paid. The only point I was trying to make here is that we are going to give a significant amount of money back to Collier County and I think it is something that we should focus on in the future. Mr. Sutphin continued, "This next screen is the Clam Bay Improvement Program funded by the Pelican Bay Services Division ". These are our funds and roll over. The operations and maintenance funds do not roll. over.. . Mr. Carroll stated, `This also shows that we under spent the budgeted amount". It appears as $391,000 versus $197,000. Mr. Sutphin stated, 'This is Capital Projects ". Obviously these all roll over and timing is the real issue here. This is one we may want to manage on an ongoing basis because in the area of Capital, when we approve a program we anticipate that the money is going to be spent in a timely manner to accomplish the objectives and in a lot of cases that does not happen. There are reasons for that and I would think that the Board would want to know what those reasons are. Some of them we do get into in general terms. Mr. Sutphin stated, "As was stated, the Budget has been approved by the Board of County Commissioners ". It has been distributed to the Board Members and we will come back to how you want to receive it in a few minutes. Mr. Carroll asked, "Is this the budget we have been waiting for'? Mr. Sutphin replied, `This is the budget that the Board of County Commissioners approved for Fiscal Year 2005 ". Mr. Domenie asked, "Is this the budget we approved and recommended to the Board of County Commissioners "? Mr. Sutphin replied, "Yes, with no changes ". Mr. Carroll stated, "Let me ask about no changes ". Mr. Ward, the question about the ERU being adjusted is an adjustment that was on the sheet when you presented it to the Commissioners, did that affect what we budgeted? G: :ILZ 1c I q Pelican Bay Services Division Board October 6, 2004 Mr. Ward replied, "Yes, we reduced one of the reserves by an amount equal to the loss of revenue ". We changed the totals and reduced them by that amount. Mr. Domenie asked, 'What about the 800 units that are going to be transferred from the Marketplace to Waterside "? Will that affect us in any way? Does that mean that there are 800 less units? Mr. Ward replied, "No, we deal with commercial differently than we deal with residential ". The gross parcel acres in Waterside will not change and as a result of that, their ERU's won't change, irrespective of jhe.f.act that, they, are increasing_ their square footage. Mr. Werner stated, 'What Mr. Domenie was referring to are 800 phantom residential units that we are going to lower in Pelican Bay so that we can increase it commercially". Mr. Ward replied, 'Those are phantom units ". They are PUD density units that do not exist. Mr. Werner asked, "Mr. Sutphin, when you are talking about Clam Bay operations. My sheet says we are sending back $197,000 and this sheet says $204,000 and that $59,000 is available in engineering fees. There is $120,000 of that available from Other Contractual Services and $11,000 from Other Operating Supplies. Are you saying we should get engineers and other contractual services and supplies so that we don't send money back to the County? Mr. Sutphin replied, "No ". The number arose from the original funds that the County gave us because we had budgeted to do certain things and we didn't do those things. Mr. Werner asked, "Do you mean they gave us money before we incurred the cost "? Mr. Ward replied, "They used to ". Now they give it to us on a quarterly basis. Mr. Werner asked, "Based on our budget or what we have spent "? Ms. Smith replied, "Budget ". Mr. Ward stated, 'What happened was that this was an accumulation of funds from the start of the program through September 30, 2004, which I think I mentioned to you previously". The number that shows on that sheet is Reserves and if you go back and look in your 2005 Budget, you will see that I budgeted a transfer back to Fund 111 of $186,000. That is the $186,000 that is appearing on that report. 5879 DbZ id l9 Pelican Bay Services Division Board October 6, 2004 Mr. Sutphin stated, 'The point is, that budget arises from needs that have been identified and incorporated into the budget and the County funds them ". Unlike our own funds, which rollover and we get to keep and perhaps use for something else, in this case they are going back. Mr. Werner stated, "I don't see any sense in spending the money if you don't have anything to spend it on ". Mr. Sutphin stated, "We had something to spend it on when we put the budget together". COST REDUCTION PROGRAM — PAPERLESS COMMUNICATIONS Mr. Sutphin stated, "Before. I get into the distribution of the budget, at the last Budget Sub - committee Meeting we discussed and approved a Cost Reduction Program that I will call " Paperless Communications ". I view this, if approved by the Board, as a commitment to an operating philosophy moving forward and a state of mind. To set the state of mind, I have sixty seconds of video I would like you to view. There is no one thing that is individually going to save a significant amount of money. However, if you look at it as a way to do business, which certainly the world is, I think we are lagging behind. I have a budget book because one was sent to me. I also have this (CD) and I can have a whole stack of books on this CD. I want the CD. Each of you will have a choice and there is nothing mandatory about this. Just as a case in point, Ms. Smith told me that this package took her two days to print. If you want a hard copy you can have one. When I leave this meeting it is going in the trash and I could have done anything I wanted with it at home from my computer station. I am recommending to this Board that we adopt paperless communications to the maximum extent possible, with the caveat that any Board Member who wants hard copies of anything can certainly have them. Mr. Turrell mentioned that he can put the Clam Bay Annual Report on CD -Rom, but the Corps of Engineers likes hard copies to put on their bookshelves. I also know that those reports cost approximately $200.00 each to run. I would send the Corps of Engineers a letter saying that unless you specifically request a hard copy, you are getting a CD -ROM and see what comes back. Mr. Werner stated, "Or send them a CD -ROM and see what happens ". Mr. Carroll asked, "How many members are proficient in using CD- ROM's "? Mr. Werner asked, "Do we need Power Point "? :.1 Pelican Bay Services Division Board October 6, 2004 Ms. Smith replied, "Adobe ". Mr. Roellig stated, 'What I would like to see is a menu from time to time to select what we would like a hard copy of ". I would not have a problem if we had a choice. Mr. Burke asked, "Does this extend to all of our monthly meeting packages "? Mr. Sutphin relied, "I think that is up to us ". I could envision a meeting where, unless you wanted hard copies of the agenda material that came to you by either e-mail or CD -ROM and anything meaningful is going to be presented including our work, which is expensive to produce in volume, was projected on a screen..) know from. experience, the advantage of doing that is that it holds the meetings attention. I think there are other things that we need to seriously consider and I would like to discuss this a little further at a Budget Sub - committee Meeting. Mr. Sutphin continued, "It is my understanding that the County charges $1.00 per page to the public for copies of documents ". We give them away to anyone who walks in and asks for them and in any quantity that they want. I think we should seriously consider charging. What goes with that is the obligation that every document is on the website and if someone doesn't have a computer all they have to do is go to the library, it's free. Mr. Roellig asked, 'What is the cost, I can't imagine that it costs $200.00 for a package "? Ms. Smith replied, "The package that you have here would have cost $210.00 to have it color copied ". Ms. Smith stated, 'We are charged $.42 per color copy under the County bid price, which is lower than Kinko's ". Mr. Domenie asked, 'Why does it have to be in color". Ms. Smith replied, "It is hard for you to read if it is not ". Mr. Sutphin stated, "I am talking about thinking of doing things different because there is a lot of money involved here and we don't know how much can be saved until we try it ". You can see Ms. Smith after the meeting and check how you want to receive the budget. Mr. Domenie stated, "You said you make 23 copies ". Eleven copies come here, where do the others go? Pelican Bay Services Division Board October 6, 2004 >6Z 1c1? Ms. Smith replied, 'The Foundation, Pelican Bay Property Owners Association, The County Manager, the County Commissioners, Minutes and Records, etc." Mr. Sutphin stated, "If you read your agenda, Barbara Smith, who is not here to defend herself, has volunteered to champion this program ". I recommend that the Board adopt this as an ongoing program. Mr. Burke stated, "The way I would like it would be on CD -ROM'. You said the full budget would take up 10% of the disc. Is there a way to use it to get more information on it rather than provide a new disc? Mr. Sutphin replied, 'That would be complicated ". You have to use a re- writeable CD- ROM and you would have to send it back and have it re- written ". Mr. Sutphin moved, seconded by Mr. Roellig and approved unanimously that the Board adopt paperless communications as a long -term objective and to implement wherever practical. Mr. Carroll stated, "The Foundation Budget Committee has invited Mr. Sutphin to make a presentation ". I think that is a good thing and feel that the Foundation Members do not understand the entire process ". They still think that our budget went up 46% and we have to educate them on that subject. What is the percentage that our budget went up? Mr. Ward replied, "Approximately 12 % ". Mr. Carroll stated, "What I would like to know is, what did we spend "? Mr. Ward replied, "It is too soon ". Mr. Carroll stated, "Last year's budget was $3,957,000 and this year's budget is $4,453,000 ". Ms. Smith replied, "Those numbers did not include the carry forward numbers ". Mr. Carroll stated, "What I was referring to was the Memo that you passed out at the last meeting in which you said that the total cash was $4,450,000 ". 1 am confusing spending with the budget. Mr. Sutphin replied, 'This was an assessment, then a cash carryfoward of $1,260,000 ". :: /b-7 lc& Pelican Bay Services Division Board October 6, 2004 Mr. Carroll asked, "What does that tell me about what we spent "? Mr. Sutphin replied, "This was budgeted spending ". We didn't spend it all and there is going to be some Capital and Operating Carryover. Mr. Carroll stated, 'We have to wait until the final numbers are in ". Mr. Sutphin replied, "Mr. Carroll, it has become obvious to me that a weak link in the budgeting process is that we don't have an adequate handle as to what our spending is going to be in the April /May time frame ". Mr. Ward replied, "We do. a projection out to year -end as part of your 2005 Budget process ". There is a rather detailed analysis, which we do at this level to come up with projected year -end fund balances, but it is on a fund -by -fund basis. A good example is Clam Bay that came in at $194,000. We projected that number to be $186,000 in March when we did the projection through September 30. We do that, but it happens to be segregated fund by fund. Mr. Sutphin stated, "We did not over assess from the standpoint of staying within our cash management budget ". At the last minute we compromised and cut it down. Mr. Nordhoff asked, "Mr. Sutphin, didn't your Pelican Bay Post article explain all of this "? In effect, you said the fee is going up because we overspent cash and we have to catch up. Mr. Sutphin replied, "I thought so, but I am not sure how many people read it ". ADMINISTRATOR'S OVERVIEW GULF PARK DRIVE IRRIGATION AND LANDSCAPE IMPROVEMENTS Mr. Ward stated, `With respect to the Gulf Park Drive and Irrigation Landscape Improvements, the Performance Bond issue has been resolved and we should have contract execution within the next few days to proceed forward with that project ". A revised date for the Notice to Proceed is October 11, 2004 and we will add completion dates once we get the contract executed. COMMUNITY ISSUES OAKMONT EXTENSION IMPROVEMENTS Mr. Ward stated, "Oakmont Extension, which is the area from Pelican Bay Boulevard into the Marketplace, is essentially complete with the exception of street lighting projects that will be finished within the next few days ". W HIM Pelican Bay Services Division Board October 6, 2004 Mr. Werner asked, "Are we putting street lights in the center median "? Mr. Ward replied, "Yes ". HURRICANE CHARLEY CLEAN UP Mr. Ward stated, 'The one issue that we are still working on relates to Hurricane Charley'. We provided you with a chart that we will keep updated with respect to the status of the funds that we have identified, relative to our clean -up operation. The initial clean -up cost has been submitted to FEMA and paid for from County operating funds. The completion of the project means that the .initial clean up was. done.. and paid for by the County and - the - County has submitted it to FEMA for reimbursement. I am very suspect that in the current environment that it will be fully paid for by FEMA. Mr. Ward continued, `The tree replacement will be paid from the Uninsured Asset Fund and will result in a reduction in that Fund that you will see moving in to Fiscal Year 2006 ". The tree removal and streetlights are eligible for funding from FEMA at a percentage reimbursement amount, which not yet been determined by the Federal government. It is being paid for from the Uninsured Assets Operating Account, submitted to FEMA and we are waiting on the determination with respect to that issue. Mr. Ward stated, "The Clam Bay Mangrove Removal and Channel Clean -up has been submitted to the County at this point in time, to be paid for from their funds ". We have not been given a determination at this point whether they will be in a position to pay for the mangrove removal and the clean up associated with Clam Bay. Mr. Werner asked, "Is the County submitting that to FEMA "? Mr. Ward replied, "Yes ". We have submitted that to the County for payment directly, instead of requesting a reimbursement. I am going to try to push the County into paying for it directly versus giving us the money back. , Mr. Carroll stated, "They own the mangroves, why wouldn't they pay"? Mr. Ward replied, "In this particular instance, because it is coming from the County's General Fund, it actually has a long laborious process and goes as an amendment to the County's General Fund Budget, which is required to be approved by the Board of County 5884 lb � lCII Pelican Bay Services Division Board October 6, 2004 Commissioners. I will never tell you what I would guess that the County Commission would do at some point in time. We had asked for the program to be allocated within the County's General Fund and to be paid for and it is going through the system. I don't have a clue whether it will or will not be approved at this point. Mr. Carroll replied, "It just seems logical to me that they would pay for it ". Why would we have to pay for it when it is their mangroves? We are already spending money to maintain it and putting money into an Uninsured Asset Fund. Mr. Werner asked,. "Is this the same. Mr. Carroll who voted against my motion to separate the two at the last meeting "? Mr. Domenie stated, "I didn't know that we had any damage to street lights ". Mr. Ward replied, "Minimal damage ". Some lights were tilted as a result of the hurricane. Mr. Domenie stated, "The Clam Bay Mangrove Removal was the fund that was originally set at $200,000 and was reduced to $62,000 ". Has this work been completed, I still see some dead trees if you walk out the north boardwalk? Mr. Lukasz replied, `The work has not been started yet ". Mr. Ward stated, "As I indicated to you, I wanted to push the County into doing the work directly from the County's General Fund versus reimbursing the Services Division. That is the way the request has been submitted. I think there is a much greater chance of it being paid for directly, versus being reimbursed to us. Mr. Domenie stated, "I understand we are going to replace 47 trees ". That comes to $2,700 per tree, what are we buying? I don't understand why we have to pay $2,700 per tree. Mr. Ward replied, "If you would like, we will provide you a detail of the specific trees and their cost". In this business we don't buy $100.00 trees from Home Depot, we buy commercial Grade "A" quality materials, that are of the same size and quality as we currently have in this program. Mr. Domenie asked, "Do we need to bring in a forty foot tree "? Can't we plant a ten foot tree in its' place? Everything here grows like weeds in two years. Pelican Bay Services Division Board October 6, 2004 /6-7- !c /9 Mr. Ward replied, "In terms of this program, what I have asked Mr. Lukasz to do was to go out with Mr. Lieber and evaluate which trees needed to be replaced and they sized the materials in this program consistent with what is required ". In all probability, it is probably not as big as what is currently out there. I think that the quantity and size has already been taken into consideration. Mr. Domenie stated, "I took a drive with Mr. Lukasz to look at all of the trees that were down and the replacements ". I just question $2,700 per tree. That appears to be a lot of money. Mr. Carroll stated, "My experience at the. Crescent surprised me also ". It- didn't get to be this much. First you come in and get rid of the tree; then you have the debris to get rid of. Mr. Domenie replied, "That is in a separate line item ". Mr. Carroll stated, `Then you get rid of the stump ". Mr. Domenie stated, `That is already included ". Mr. Lukasz stated, "It has been put out to competitive bid and the bid contains three different size trees ". There are 16' -18' trees, 18' -21' trees and 21' -24' trees. Mr. Ward stated, "We need to put in the right size materials, that are consistent with the existing materials in this community'. Both Mr. Lieber and Mr. Lukasz have gone out and surveyed every tree and sized these materials consistent with what is required in that program, including not replacing some trees that were damaged as part of the storm event. What the division works out to be, the bottom tine is that this is the recommendation from the professional staff with respect to replacing damaged materials from Hurricane Charley. Mr. Carroll stated, "It appears as if it is too much money also ". Perhaps there is nothing we can do about it, but are there any other concerns about this program? Mr. Roellig stated, "A couple of years ago we had received a estimate of $150,000 as a first estimate for a plan of 11 acres for a condominium ". We ended up spending $100,000 for a condominium. It is not that hard. SIDEWALK OVERLAYS AND REPAIRS Mr. Ward stated, "Countywide, I have been told that the County is having problems getting the vendor to do any kind of sidewalk or asphalt replacement ". That is completely -I Pelican Bay Services Division Board 167- A21? October 6, 2004 understandable with what has occurred within the State over the last six to eight weeks. I will leave it on your agenda so that it stays on the radar screen, but I am not optimistic of having anything done in the near future. COMMITTEE REQUESTS Mr. Roellig asked, "Are we going to get a package similar to this next month "? I do not have a problem running a few copies, but I don't want to be copying a lot for the meetings. Mr. Sutphin replied, "It is certainly not my intent, or Mrs. Smith's, to insist that you take anything electron ically. that •.you want a hard. espy of: It is your right to have as many paper documents as you wish to have. I would expect that Mrs. Smith would ask you if you would like an e-mail copy of your Minutes rather than a hard copy. Mr. Carroll asked, "How about the agenda "? Mr. Sutphin replied, "I would think that the agenda could go out e-mail, unless you prefer otherwise ". Personally, I would prefer getting my entire Board Package by e-mail if it can be delivered that way. It will save the messenger from having to annoy me by ringing the doorbell. Ms. Smith asked, "Is Mrs. Smith going to contact the Board Members to see what their preference is "? Mr. Sutphin replied, "I will speak to her when she gets back ". She volunteered to take this on and I will contact her when she returns to discuss it. Mr. Burke asked, "Do you envision us to eventually be in these meetings with our laptops in front of us "? Mr. Sutphin replied, "No, I don't think that would be necessary'. ADJOURN There being no further business the meeting adjourned at 4:45 PM. Mr. James Carroll, Chairman Um i a� 0 V Ch ._ 4w T� L ■V f0 C .O .Ul E E V Q� .O L m N .0 O U-1 O J C U Q C .N G W C O fu O a O a a <t N E O U O V) Q O V a) L V W O L m fl. ce L .fl E L O m ow Ul i a.+ N O Ul IA th 3 H O V C O C a� E a N m c u CL c O Q� O U O S Q N N ra C fo L V cv O U O U /6 Z— a L a.+ E E V 47 V C 'a O /c /9 O CL Q) ce I" • !6-= /C /9 W C AT W � O L Q� � W i O N O E s E m N� fo L lqr to E 0 0. N O O p O o N ° N V V) N ' i 'CEO ,T-i CD E CNO �EE •i 0 v (D O D cn 4-J o v zo�� c C L v O L E O N C :L+ 4- ox 0�3 O _Z Q C o C Qa� m E °- Va�°aa) a� ° L C Q W a Z7 O '0 ^ a C N � O fp m Locn 3 0 v c.�v � Q) v I- U- L- oomUz • !6-= /C /9 W C AT L Q� � W i O O E m N� fo > =� 0 0. 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L a O CD ,c cm > O c c t 01 CD O U �Q •� a N �, c L c m a� O E N N = f° w uvi a m V cu LL a U > �' f� c a°i U -0 E L a a1 E a > L O V (1) L- 0 L CL V) CU i O 0. � N s u G � u ao O c� (U CL a� E o /6-7 /c /F 0 M /to �- . tc I PELICAN BAY SERVICES DIVISION ORDINANCE REVIEW SUBJECT: PURPOSE OF THE REVIEW The Ordinance which established the Municipal Services Taxing and Benefit Unit in 1991 has served the Pelican Bay community well. It was significantly upgraded two and a half years ago after the community rejected the idea of changing from a dependent district to an independent district. The experience we have had with the revised Ordinance for these two and a half years has been quite satisfactory but there is a need to review it again to more clearly define how it can best serve the Pelican Bay community. By definition, the district established by the Ordinance is controlled by the Board of County Commissioners. This Board does however, rely heavily on the Pelican Bay Services Division (called the MSTBU Advisory Committee in the Ordinance) to direct day to day operations and plan for the future through its Manager, Field Superintendent and 21 employees. The Ordinance needs to more clearly reflect how the Services Division operates and outline how services could be broadened if the PBSD Board wanted to do so. How the Services Division is managed and how it is linked to the County staff also needs to be analyzed. The current arrangement is confusing to the people of Pelican Bay and needs to be clarified. Another important element of this review is to acknowledge the need for a close working relationship with the Foundation and to consider whether such a relationship needs to be outlined in the Ordinance. Community leaders need to be included in this Ordinance review but not until the Services Division Board has finished an in depth review of its own. Jim Carroll Chair, PDSD 11 /1 /04 0`111 (2 r rAV, - -we, aw J b N ORDINANCE CREATING THE PELICAN BAY MUNICIPAL SERVICE AXING AND BENEFIT UNIT; SETTING FORTH THE BOUNARIES OF THE 1z UNIT; D DESIGNATING THE GOVERNING BODY OF THE UNIT; PROVIDING FOR PURPOSE AND POWERS; PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES, TAXATION AND ASSESSMENT RATE; PROVIDING FOR TAX AND ASSESSMENT IMPOSITION AND COLLECTION; PROVIDING FOR THE CREATION OF THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE; PROVIDING FOR COMPOSITION, NOMINATION AND APPOINTMENT; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER; PROVIDING FOR A REVIEW PROCESS; PROVIDING FOR OPPORTUNITY TO COMMENT PRIOR TO INITIAL IMPLEMENTATION OF USE OF TAXING OR ASSESSING AUTHORITY; PROVIDING FOR SUPERCESSION, REPEAL AND CONSOLIDATION OF PRIOR ORDINANCES, INCLUDING REPEAL OF ORDINANCE NO. 90 -111, AS AMENDED, THE ORIGINAL 1990 ORDINANCE CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, ORDINANCE NOS. 91 -22, 98 -113, 99 -98, 2000 -22, 2000 -82 AND 2001 -19 AND PROVIDING FOR SUPERCESSION, REPEAL AND CONSOLIDATION OF ORDINANCE NOS. 78 -67, 80 -53, 82 -122, 85-9,86-29 AND 88 -35 RELATING TO STREET LIGHTING; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFLjEGTIVg DATE. �- �- 171 c= NOW, THEREFORE, BE IT ORDAINED BY THE BOARD �_ COUNT't� COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Creation of the Pelican .Bay Munici al Service Taxin �- nd Benefip Unit., c °yrn N Pursuant to Chapter 125, Florida Statutes, and Collier County Ordinance No. 88 -23, the ORDINANCE NO. 2 0 0 2- 2 7 lej- IC 19 Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter "Unit ") is hereby created for the purpose of providing street lighting, water management; extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road. While repealing prior ordinances pertaining to the Unit, the purpose of this Ordinance is to adopt a new ordinance that consolidates said preexisting ordinances into one easily read and understood ordinance, with some modifications that express the will of the property owners within the Unit. 14,z iC /9 SECTION TWO: Boundaries of the Unit. The Pelican Bay Municipal Service Taxing and Benefit Unit is comprised of and includes those lands as described on the attached Exhibit "A" and as depicted on the map attached hereto as Exhibit "B ". SECTION THREE: Governing, Body. The governing body of the Unit shall be ex- officio the Board of County Commissioners of Collier County, Florida. SECTION FOUR: Purpose; Powers. The Unit is formed for the purpose of providing street lighting, water management, ambient noise management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road in the above - described taxing and benefit unit and to that end shall possess all the powers to do all things reasonably necessary to provide such services. SECTION FIVE: Annual Estimates of Expenses• Taxation & Assessment Rate For the purpose of carrying into effect and the administration of this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, review and adopt an itemized estimate of the amount of money required to carry out the business of the Unit for the next fiscal year, which shall be from October 1 to .and including September 30 following (the "Budget "). The proposed Budget shall be prepared :in consultation with and reviewed by the Municipal Service Taxing and Benefit Unit Advisory Committee (the "Committee ") prior to its consideration by the Board of County Commissioners and after review by the Committee, the budget shall be heard, considered and adopted by the Board of County Commissioners as provided for herein. The proposed Budget shall describe the purpose or purposes for which the moneys are required and the amount necessary to be raised by taxation and special assessment within the Unit. At the time and place for establishing the annual rate of 'taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all property within the Unit subject to taxation or assessment a millage and assessment sufficient to meet the requirements of the Budget; provided, however, the total millage shall not exceed the millage authorized by law for municipal 2 service, taxing and benefit units. SECTION SIX: /4 z 1(21P Tax and Assessment, Imposition and Collection. Taxes and assessments herein provided for shall be levied and assessed, imposed and collected in the same manner and form as provided for the levy and assessment and collection of general County taxes subject to the same fees for assessing and collecting as general County taxes in accordance with general law. SECTION SEVEN: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee. Concurrent with the passage of the Ordinance, an eleven (11) member advisory committee to be known as the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee is hereby created. Those individuals who are members of the Committee pursuant to Collier County Ordinance No. 90 -111, as amended, as of the moment prior to the effective date of this Ordinance, shall continue on as members of the Committee until March 3Is' of the year in which their term would have expired as set forth in the prior ordinances, and shall continue to hold over and serve in that capacity until their position is filled as provided for in this Ordinance. SECTION EIGHT: Composition, Nomination and Appointment A) The Committee shall be representative of the residential, business and commercial interests and landowners in Pelican Bay. To that end, nine (9) of the Committee members shall be representative of the residential interests within the Unit and two (2) of the Committee members shall be representative of the commercial and business interests within the Unit. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners pursuant to the procedure outlined herein. The nine (9) Committee members representative of the residential interests within the Unit shall be residents of and qualified electors within the Unit. The two (2) Committee members representative of the commercial/business /other interests shall be residents of and qualified electors in Collier County. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. Any member of the Committee who ceases to meet the requisite qualifications during his or her term of office shall immediately advise the Board of County Commissioners in writing of such change in status. Upon the Board of County Commissioners receiving such notice, otherwise becoming aware of such vacancy, or if a vacancy occurs:by any other process, the Board of County Ki /6M 14f /F Commissioners shall declare the position to be vacant and shall promptly consider filling the vacant position with a person meeting the requisite qualifications as outlined herein: i) who continues to desire to be appointed and ii) who, in the immediately preceding recommendatory balloting received the greatest number of votes among the unsuccessful candidates vying for the position (i.e. "Residential interest" or "Commercial/Business/Other interest ") which has become vacant. B) The terms and provisions of Section Six of Collier County Ordinance No. 2001 -55, titled "PROCESS OF APPOINTMENT" shall not be applicable to appointment of members to the Unit. C) Upon adoption of this Ordinance, all of the members of the Committee shall be appointed by, and all vacancies shall be filled by, the Board of County Commissioners, in the manner outlined herein, beginning with appointment to the Committee of members to fill expiring memberships . All appointments of members to the Committee shall be at the sole and complete discretion of the Board of County Commissioners. Provided however, that the Board of County Commissioners will take into consideration and give great weight to the recommendations of the property owners within the Unit, utilizing the process outlined herein. Beginning with the second Tuesday in December, 2002, and each second Tuesday in December thereafter, the Board of County Commissioners shall publicly announce and advertise all current vacancy(ies) on the Committee as of that date and shall request that applications be submitted to the Board of County Commissioners to fill the expired term(s). All such applications shall be submitted in writing to the Board of County Commissioners no later than 28 days after said announcement as determined by the postmark on mailed applications and the time stamp on hand delivered applications. The name(s) of all appropriately qualified individuals timely submitted to the Board of County Commissioners shall be considered nominees for appointment to fill said expired term(s). The Board of County Commissioners shall then publish said list of nominees and the positions on the Committee for which they have been nominated (i.e., for the "residential interests" or for the "commercial/business /other interests ") and deliver a conformed copy thereof to the Clerk of Courts (the "Clerk "). The Clerk shall cause the name of each nominee as reported and published by the Board of County Commissioners to be included on the mail ballot, which ballot shall be mailed to all of the 4 /bz /c /p non - governmental property owners of the class (i.e. "Residential or Commercianusiness /Other ") corresponding with the class for which the balloting is occurring ( "Residential or Commercial /Business /Other ") within the Unit no less than thirty (30) days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. E) i. One (1) indivisible vote may be cast for each parcel in the Unit regardless of the number of persons who have an ownership interest in the property or the manner in which title is held by them, with each discrete parcel being those as listed by the Property Appraiser of Collier County and as approved by resolution of the Board of County Commissioners. Commercial/Business /Other owners cast ballots only for "Commercial/Business /Other interest" positions and Residential owners cast ballots only for "Residential interest" positions. Only one ballot shall be counted for each parcel. If multiple ballots are cast for the same parcel by owners of record, all ballots for that parcel will be deemed invalid. It is not the responsibility of the Clerk or the County Attorney to determine or select the ballot,to be counted wherein multiple ballots for a parcel are cast as described herein. ii. For purposes of determining record title owners of property entitled to cast ballots, the listed record title owners of property as'evidenced by the Collier County Property Appraiser's tax rolls as of sixty (60) days prior to the balloting date shall be utilized and deemed conclusive. Not less than forty -five (45) days prior to the balloting date, the Property Appraisershall provide the Clerk and the Board of County Commissioners with the list of all parcels within the Unit, each parcel's identification number, the names of the property owners and their addresses, with said list designating each parcel as either residential /commercial /other (based upon the Property Appraiser's classification system). The mail ballots shalt be cast directly with the Clerk. At the place and time stated in the notice of the balloting published by the Board of County Commissioners, the Clerk, with the assistance of the County Attorney's Office, shall open and count the ballots, which have been returned to the Clerk as of the date and time stated in such notice of balloting, in a manner which the Clerk deems advisable and not inconsistent with the provisions of this Ordinance. Any member of the public shall be entitled to attend and observe. The determination of the Clerk and the County Attorney of validity of any ballot shall be final. iv. The nominee(s) receiving a plurality of the ballots cast in each category of 5 16 a 1219 membership shall be deemed the successful nominee(s) and their name(s) shall be reported and forwarded to the Board of County Commissioners. The Board of County Commissioners shall then, at their next regularly scheduled meeting, make the necessary appointments to fill said positions. F) The cost of the nomination and balloting process shall be borne by the Board of County Commissioners. SECTION NINE: Terms of Office. In 2002, of the four (4) terms which are expiring: i) two (2) positions shall be filled with persons representative of the residential interests who shall each be appointed for a four (4) year term; and ii) two (2) positions shall be filled with persons representative of the commercial/business /other interests, wherein one (1) person will be appointed for a four (4) year term and one (1) person appointed for a two (2) year term. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Each new term of appointment will begin on the date of appointment and expire on March 31s`. A member of the Committee may be reappointed by the Board of County Commissioners without limitations. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION TEN: Removal From Office, Failure to Attend Meetings. A) Any member of the Committee may be removed from office by a majority vote of the Board of County Commissioners. B) Notwithstanding the provisions of Collier County Ordinance No. 2001 -55 as to attendance, if any member of the Committee fails to attend two (2) consecutive Committee meetings without a satisfactory excuse, as determined by the committee, or if a member is absent from more than one -half of the Committee's meetings in a given fiscal year, the Committee shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners in conformance with this Ordinance. SECTION ELEVEN:. Officers, Ouorum: Rules of ProcedJ_ A) At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among the members. eligibility for re- election. Officers' terms shall be for one (1) year, with B) The presence of six (6) or more members shall constitute a quorum of the Committee 6 /1s. I (f /? necessary to take action and transact business. In addition, an affirmative vote of a majority of the members present shall be necessary in order to take action, except that an affirmative vote of seven (7) or more members present shall be required to recommend the Budget for the Unit to the Board of County Commissioners. C) The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business of the committee and shall keep a detailed record of meetings, resolutions, findings and determinations. SECTION TWELVE: Reimbursement of Expenses Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION THIRTEEN: Functions Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be as follows, and shall be carried out consistent with the provisions of the Memorandum of Understanding/ Letter of Understanding referenced herein: A) With the assistance of the County Manager, provide input to the Board of County Commissioners in carrying out the purposes of the Pelican Bay Municipal Service Taxing and Benefit Unit as set forth in this Ordinance. B) Upon any decision by the Board of County Commissioners to dissolve, merge or otherwise change or discontinue the functions or services provided by the Pelican Bay Improvement District, the Committee shall be prepared to and shall aid, assist and provide input to the County Manager and the Board of County Commissioners, within the time frame requested, in effectuating a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations to the Unit. C) With the assistance of the County Manager, to prepare and recommend to the Board of County Commissioners an itemized Budget of the amount of money required to carry out the business of the Unit for the next fiscal year. D) The Committee shall recommend work programs and priorities to the Board of County Commissioners in accordance with the adopted Budget or Budget amendments which may be adopted by the Board of County Commissioners in accordance with law. The execution of work 7 /62- CCl`% programs shall be under the direct supervision and responsibility of the County Manager with the assistance of the Committee and County staff in accordance with the Memorandum of Agreement/Letter of Understanding. Said work may be performed under contract (in accordance with law and County policy) or by County forces. E) To enter into a Memorandum of Agreement/Letter of Understanding with the Board of County Commissioners, and with the County Manager, wherein the parties outline that the intent in the operation of the Unit is to allow the Committee to exercise decision and control of the day to day operational affairs of the Unit to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. SECTION FOURTEEN: Duties of the County Manager. The duties of the County Manager or his designee shall be: A) To administer the activities of the Unit in accordance with the Memorandum of Agreement/Letter of Understanding, and the established policies of the Board of County Commissioners, subject to the terms of this Ordinance. B) To assist the Committee performing its functions as defined by this Ordinance including the preparation of the proposed annual Budget. C) Provide periodic written reports to the Committee and the Board of County Commissioners on the activities of the Unit and its finances. D) To require any contract manager or employee manager of the Unit to report directly to the County Manager. SECTION FIFTEEN: Review Process. This Ordinance shall be reviewed once every four (4) years, in accordance with the procedures contained in Collier County Ordinance No. 2001 -55. SECTION SIXTEEN: Opportunity to Comment Prior to Initial Implementation or Use of the Unit'Llaxing and Assessment Au orit Prior to adopting the Budget for the Unit and implementing any taxing or assessment authority under this Unit, the Board of County Commissioners shall hold a public hearing upon reasonable notice in a local newspaper of general circulation. At such public hearing the Board of County Commissioners will consider the Budget recommended by the Advisory Committee and provide the public the opportunity to comment on the proposed Budget and the implementation or use of the Unit's taxing and assessment authority. 0 /6-7 !C / q SECTION SEVENTEEN: Supercession, Repeal and Consolidation of Prior Ordinances. A) Collier County Ordinances Nos. 90 -111, 91 -22, 98 -113, 99 -98, 2000 -22, 2000 -82, and 2001 -9 are hereby repealed in their entirety. B) Collier County Ordinances No. 78 -67, 80 -53, 82 -122, 85 -9, 86 -29, and 88 -35 are hereby superseded and repealed to the extent same are either inconsistent or not harmonious with this Ordinance and consolidated with the Unit for the purposes of providing street lighting. SECTION EIGHTEEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINETEEN: Construction. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION TWENTY: Inclusion in Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be numbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION TWENTY -ONE: Effective Date. This Ordinance shall become effective upon filing with the Department of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , • Aft"- t M to GNIrun': 2002. ATT'S': �1gtA >>• BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCIf, CLERK COLLIER COUN Y, FLO DA •- t� BY: JA C A, CHAIRMAN Akeoyed as to 'Ad legal s �.1ficiency: � David. C. Weigel v County1U1oendijhnnce filed with the ,',• Office the •gam ._ c' vf%!� —, 400, mentpf thjt 9 this _ PA –day of �1_0A—f_ CyL U, ,ly ,. Ic:rk EXHIBIT A /�'.:7 IC- t9 The Pelican Bay Services Dislrict is comprised of and includes those lands described a A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, being one and the same as the lands encompassed by the Pelican Bay Improvement District, the perimeter boundary of same more particularly described as follows: Commencing at the Southeast corner of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point on the West right -of -way line of U.S. 41 (State Road 45), said point also being the Point of Beginning; thence Southerly along the West right -of -way line of said U. S. 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees 59 minutes 03 seconds Eagt a distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 Beet to a point on the North right -of -way line of Pine Road as recorded in D.H. 50, Page 490, among the Public Records of said Collier County; thence departing said U.S.,41 (State Road 45) South 69 degrees 09 minutes 45 seconds West along said North right -of -way line a distance og 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit 1 as recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit 1 and the South line of said Section 9 a distance of 2496.67 feet to the Southwest corner of said Section 9; thence continue South 89.degrees 09 minutes 45 seconds West a distance of 225 feet more or lees to a point on the mean high water line established May 15, 1968; thence a Northwesterly direction along said mean high water line a distance 15716 feet more or less; thence departing said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.H.. 15.-Page 121 among said Public Records 'a distance of 7365 feet more or less to'a point on said West right -of -way line of U. S. 41 (State Road 45); thence South 00 degrees 58 minutes 36 seconds East along said West right -of -way line a distance of 2574.36 feet to the Point of Beginning. /4-7 1 c /? Exhibit B STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2000 -82 Which was adopted by the Board of County Commissioners on the 28th day of November, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of December, 2000. DWIGHT E. BROCK k 'fig ... +•,''w..;�. Clerk of Courts and �, Ex- officio to Board p �p.x Count �` �•'�� County Commissioners: •":.` By: Ellie Hoffman, •.., � �. , Deputy Clerk ''''•••� �•��••'''� Oct -24 -92 04:54pm From — Collier County Attorney Office 941 774 0225 T -152 P.003/003 F -704 / Memorandum of Agreement/Letter of Understanding This is a Letter of Understanding/Memorandum of Agreement between the Office of the County Manager and the Pelican Bay Municipal Service, Taxing and Benefit Unit Advisory Committee. I'n so far as the common good of the residents, businesses, commercial or other interests located in the community of Pelican Bay can be furthered and advanced by the activities of a Municipal Service, Taxing and Benefits Unit, and to that end the most efficient method of operations is to allow th e Advisory Committee those powers and duties as may be necessary to achieve the benefits related to those purposes described in Section Four of Ordinance No. 2002 -4-1, the Office of the County Manager does make this declaration: 1. That the Functions, Powers and Duties of the Committee as listed in Section Thirteen of Ordinance No. 2002 - are a full and complete listing of the responsibilities of the Committee. 2. That the County Manager shall accept the direction of the Committee in its exercise of decision and control of the day to day operations relating to the purpose and powers of the Pelican Bay Municipal Service, Taxing and Benefit Unit in conformance with Section Thirteen of Ordinance No. 2002 - to the maximum .extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. I That all ultimate administrative and ministerial powers, duties, responsibilities, decisions, and control related to the operations of the Pelican Bay Municipal Service, Taxing and Benefit Unit are appropriately retained by the Office of the County Manager, in conformance with County Ordinances 93 -72 and 95-49 (Collier County Administrator Ordinances), under the policy direction of the Board of County Commissioners sitting as the ex officio Board of the Pelican Bay Municipal Service, Taxing and Benefit Unit Entered into this A0 of �C�Ta�L , 2002. County Manager Approved for form and 1 ega! suf=ficiency • . �! CLAM BAY SUB - COMMITTEE MINUTES — October 6, 2004 Naples, Florida LET IT BE KNOWN, that the Clam Bay Sub - committee of the Pelican Bay Services Division Board met in Regular Session on this date, October 6, 2004 at 1:30 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. M. James Burke, Chairman Mr. John Domenie (Absent) Mr. David Roellig Mr. George Werner ALSO PRESENT: Two (2) Pelican Bay residents; four members of the Pelican Bay Services Division Board; Mr. Tim Hall, Turrell & Associates; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; _Mr. ,James P. Ward, .Division. Administrator, Pelican Bay Services Division and Ms. Jean Smith, Acting Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the August 4, 2004 Meeting 3. Audience Participation 4. Interior Channel Construction & Maintenance 5. System III & IV Berm & Retention Area Improvements 6. Water Quality Testing for Pesticides 7. Clam Bay Annual Report - Status 8. Beach Renourishment 9. Adjourn ROLL CALL Mr. Burke called the meeting to order and asked that the record reflect all members present with the exception of Mr. Domenie with an excused absence. APPROVAL OF MINUTES OF THE AUGUST 4 2004 MEETING Correction: Page 431, second paragraph from the bottom, "137 gallons" should read "137,000 gallons ". Mr. Roellig moved seconded by Mr. Werner and approved unanimously, the Minutes of the August 4, 2004 meeting subject to the above change. AUDIENCE PARTICIPATION Mr. Sutphin asked, "Is beach renourishment going to be discussed at today's meeting "? Mr. Burke replied, "Yes, it is the last item on the agenda ". Mr. Sutphin stated, "I will reserve my comments until that time ". 437 /61- /c 194 Clam Bay Sub - committee October 6, 2004 INTERIOR CHANNEL CONSTRUCTION AND MAINTENANCE Mr. Hall stated, 'The channels have all been located, the locations have been surveyed and we are presently in the process of providing Mr. Lukasz the cross - sections and specifications for the work that needs to be done ". Once Mr. Lukasz receives the detail from us he will be ready to go out for bid. The work will be done in two phases. The big main channels will be completed first and then the side channels will be done once the bigger channels are in place. Mr. Werner asked, "When do you anticipate the completion of this work "? Mr. Hall replied, "We would. like to have it done prior to the start of the rainy season next year, so we are looking at early July, but I believe that it will be done a lot sooner than that". Mr. Burke asked, "Will both phases be done before July"? Mr. Hall replied, "It is being scheduled to get the bids in and do the work immediately". Mr. Werner stated, "The second phase would not be until after October 1, 2005, a year from now". Mr. Gerald Hoselton — Bay Colony — "Other than what we read in the Post, are the mangroves doing well "? Mr. Hall replied, "Yes, where the work has been done we are still seeing recovery". Mr. Burke stated, "This channel construction is a continuation of that improvement". Mr. Hoselton replied, "I think that is great". SYSTEM III & IV BERM & RETENTION AREA IMPROVEMENTS Mr. Lukasz stated, "We have updated the improvement plan, which identifies the acreage in front of each condominium ". The total acreage in blue is the area that is outside of the project improvements that we are proposing. Mr. Burke asked, "Does this have anything to do with the condominium associations "? Mr. Ward replied, "Yes ". If you recall, as part of your budget process this past year, we included a certain amount of money to deal with improvements to the eastern portion of the water management system along the berm, which is essentially from The Commons north, to where it exits on to Pelican Bay Boulevard. In essence, the map that was just passed out identifies the location of our water management system throughout Systems III and IV, so you can identify the 438 16-- !e. (4A Clam Bay Sub - committee October 6, 2004 limits of our water management system. The gray is the berm itself. That is the extent of the area that we dealing with, with respect to spending the dollars that have been included in your budget. The other set of maps that were included in your Agenda Package includes the planting plan for the area in green that is identified on that map. The areas in blue are the areas where the specific condominium associations would have the opportunity to spend some of their own resources for improvement. The map identifies the acreages for the blue areas, so each condominium association knows just how much acreage is within the parcel that they would have the opportunity to improve and would be -consistent with the planting program that we are doing. . Mr. Werner asked, `The blue area in the south near St. Marissa, St. Kitts and Cap Ferrat is where the exotics have been killed but not removed, is that right "? We are not going to do any plantings until they take care of that area. Mr. Ward replied, "Correct, we have previously indicted that ". We have consistently maintained the position that until the exotics have been removed in those areas, we would not be in a position to do any maintenance activities, but we would take over the maintenance activities if they would remove the exotics in all of that area. Mr. Werner asked, "Is there some effort being made to ask the condominium associations to share in the work in the green areas where we have plantings going in "? Mr. Ward replied, "Yes ". Mr. Carroll and Mr. Seblatnigg have been discussing that with the associations. Mr. Sutphin asked, "Since the areas that each condominium own have been identified and quantified, would you be prepared to give each condominium an estimate of what their cost would be if they continued with the planting plan "? Mr. Ward replied, "Yes ". The next step is to tell each condominium association, on a project -by- project basis, what it would cost for them to clean the area out and plant the area consistent with our planting program. Mr. Sutphin asked, "Would you be telling them that it will cost you "x" dollars to join the program "? Mr. Ward replied, "Yes ". 439 Clam Bay Sub - committee October 6, 2004 Mr. laizzo asked, "Have the condominiums been notified that there is a cost coming with regard to the planting plan "? Mr. Ward replied, "We have talked about Mr. Carroll and Mr. Seblatnigg doing that, but I don't know if that has specifically been accomplished ". Mr. Carroll stated, "We have not actually met with the associations yet, but the idea was to get to the associations during budget time so that they would consider putting money in their budgets to do something ". I believe that Mr. Kinney was going to take some initiative to get that underway. Mr. laizzo stated, "I think the approach we should be taking is telling the associations what has to be done rather than negotiating or arbitrating ". Mr. Carroll stated, `This is not something we can force them to do and it would have to be budgeted ". Mr. laizzo stated, "We should talk to code enforcement". Mr. Ward stated, "This was to be a cooperative effort between the associations and the Division, that we were going to take positive steps in improving the area east of the berm, consistent with the way the rest of this project looks. We are going to encourage them to do the same thing in the pieces of the water management system that are surrounding their properties. I was hopeful to try to make that a cooperative effort. If they chose not to do it, it does not impact us other than in the area of St. Marissa, St. Kitts and Cap Ferrat. In that specific area, I think those condominiums have to take the lead and that is why you see this map stop at Cap Ferrat. Mr. Werner asked, "The blue water management area to the north at St. Raphael, Coronado, Marbella and Claridge is being shown for identification purposes, you are not saying that anything has to be done there are you "? Mr. Ward replied, "The Claridge has done a phenomenal job and there is probably no cost to the Claridge ". There are a few exotics existing at the balance of the condominiums, but there will not be much cost there. Most of the cost is in the replanting program itself, but that is not true at the south end. • • 'J /6-Z /e- 19A Clam Bay Sub - committee October 6, 2004 Mr. Burke asked, "Regardless of what the associations do, are we moving ahead with this program "? Mr. Ward replied, "I am not so sure you have made that specific decision, but we are proceeding to do that". That is the intent of where we are going with this project and try to get it implemented. It has been designed such that it can be done even if the associations choose not to move forward with their projects. In order to be sure that your assets are protected and that they have some level of service higher than it currently is and more consistent with the look and feel of this community,.we.will keep moving forward. Mr. Sutphin stated, "I think that if this is, in fact, a joint program between the Foundation and the Pelican Bay Services Division, the Pelican Bay Post could be used to our advantage in terms of publicizing it ". The condominiums are being asked to participate and at the appropriate time a good - guy /bad -guy list could be published. You could publish a list of those that signed up and those that said they did not care. Mr. Ward stated, "I would not want to author that list, but your point is well taken ". I believe Mr. Domenie has authored an article about the program. Mr. laizzo stated, "If the Foundation is working with us on this program and Code Enforcement got involved, I think we could make it work ". Mr. Werner stated, "Mr. laizzo, you keep saying Code Enforcement and there are no code enforcement issues involved ". The "Saints" have killed the exotics, they don't have to remove them, so I don't know what code enforcement would be for. Mr. laizzo replied, `That is true, but it should be up to the Foundation to determine if it is a code enforcement issue or not ". Mr. Carroll stated, `The Foundation is a strong supporter of this program ". It is a joint project and they are taking as much of a position as we are. I don't think we have much code enforcement to deal with. Mr. laizzo stated, `That is for them to decide ". If you don't get everybody involved, some associations will get involved and some won't. LKII /6-7 IC Z9A Clam Bay Sub - committee October 6, 2004 Mr. Werner stated, "As soon as one association finds out that another one is not going to participate, they are not going to participate either". To be honest with you, I think this is "pie -in- the -sky" as far as getting the associations to contribute to this. Unless you know that you have 100% cooperation, you are not going to get it. Mr. laizzo stated, "That is why I am saying to get Code Enforcement involved ". Mr. Burke stated, "From a positive standpoint, if they are approached and shown the overall plan, not all of them are not going to participate ". Mr. Ward stated, "From a personal perspective, I would like. to- see the "Sainte Jake a more active financial role in cleaning that area up ". It is a highly visible area and looks absolutely awful. The balance of the area, if they chose not to participate, is more of a view issue for them in their individual units, especially when we finish with our landscaping and restoration program. Mr. Carroll stated, "Mr. Kinney had this program on his agenda for the last meeting of the President's Council and it will be on the Agenda again for this month ". I believe that Mr. Kinney and Mr. Seblatnigg were going to pursue it at that meeting. up "? Mr. Werner asked, "Are they pursuing every condominium or the ones that need clean- Mr. Carroll replied, "Mr. Kinney and Mr. Seblatnigg have approached the Crown Colony people and have been encouraging them to do something ". I do believe that Mr. Ward or Mr. Lukasz has reported that the Crown Colony people have done something. Mr. Ward replied, "Yes, they have done a little work in that area ". Mr. Carroll stated, "I think the rest are going to fall in line and I don't think it is "pie- in -the- sky". I think there is more to it, but we will see. WATER QUALITY TESTING FOR PESTICIDES Mr. Hall stated, "At the last meeting I told you that we had received the results of the water quality testing and had not had time to review them, but the first blush was that there was no evidence of trace amounts of any pesticides or herbicides ". However, when we went through the review, we did see that a couple of the parameters that we included in this testing program, specifically ammonia and copper, were high. They were above what the normal State standards 442 16z i(--q /I� Clam Bay Sub - committee October 6, 2004 are for potable water. The copper levels were high enough to where we thought that the lakes had been sprayed with an algaecide the same day that the water quality samples were taken. We retested the areas for copper and they still came out high. We have to think that there is a residual or source problem. Neither one of those components are detrimental to the mangroves. They are both natural components of the mangrove system, but we wanted the Board to be aware that they are higher than we had expected. There are some things that Mr. Lukasz has been working on and I think that the plantings along the berm and increasing the amount of vegetation will also help increase the filtration. _The water management system is working like it is supposed to. Those levels were high within the water management system, but the testing that we did in the bay and open water showed that the levels were where they were supposed to be. Mr. Werner asked, "You said that the ammonia and copper were above normal for drinking water standards, is that what we were measuring against'? Mr. Hall replied, "The State has water quality standards that are set for different classes of water bodies ". The standard that we use to compare when we do water analysis is what the State calls for Class 3 Waters. It is not drinking water standards, I may have misspoken there, but it is DEP or State Standards for that water body. It is standards for a natural system. Mr. Ward asked, "Is that standard higher than for a water management system "? Mr. Hall replied, "It is more restrictive ". They do not really have standards for a water management system, but they do have standards for the water leaving the water management system. Mr. Ward asked, "Is the ammonia and copper over those standards "? Mr. Hall replied, "It is over that standard, but when it leaves the system the water that has been tested is where it is supposed to be ". That is how we know that the water management system is working. There are high levels in the water management system that are being taken care of and are not getting out into the Gulf. The point I was trying to make is that the system we have is working like it supposed to, but we would still want to do some periodic sampling. On another note, we are still going to be promoting and preaching source control. There are several sources for copper. The algaecides that are used in the lakes are a source of copper. Copper is MR, /6-7- IC-194 Clam Bay Sub- committee October 6, 2004 present in a lot of fertilizers and is also a component of fungus or algae resistant shingles on houses, so when rainwater falls you get rainwater running off of the roofs. Copper is a big component of road and parking lot runoff. A lot of brake pads are composed of copper, so when they get wet there is copper residue. There are a lot of different sources and it is not that we didn't expect to find it in the samplings; it was just higher in the system than I had expected. I wanted to do some follow up and Mr. Lukasz did some additional samples. Mr. Burke stated, "When we started on this, the concern was herbicides and pesticides flushing into the system and. possibly being detrimental ". Mr. Hall replied, "We said that is not an issue ". The ammonia and copper are both by- products that we expect to be produced and we are seeing that the system is taking care of it. Mr. Burke asked, "As far as we know, those are not detrimental "? Mr. Hall replied, "At extreme levels ammonia can very toxic ". These are not to those levels, but they are there. Most likely that is a result of things rotting in the water such as grass clippings, cattails and other vegetation as it breaks down. Mr. Roellig asked, "Do you have any data from nearby water bodies such as Vanderbilt Lagoon or Venetian Bay to compare this to "? Mr. Hall replied, "Some of that data is information that we requested from the Conservancy last year, but was not provided to us ". The Conservancy does some testing in Vanderbilt Lagoon. Part of the analysis that we are doing for the Annual Report is to try to do that comparison to adjacent water bodies also. Mr. Roellig stated, 'That will come out in the Annual Report". Mr. Hall stated, "Right". The nutrient levels that we have in the bay and water are where they are supposed to be. Mr. Roellig stated, "My concern is that before we get too excited we have to compare it to what is occurring in other nearby waters ". Mr. Hall replied, "I am not excited or worried about any of this ". I just wanted you to know the results and that there was some surprise involved in it. Mr. laizzo asked, "What were the locations ". 444 /6-z IC194 Clam Bay Sub - committee October 6, 2004 Mr. Hall replied, "There were six locations, two on the east side of the berm, at the waterways coming from the golf course lakes to the berm ". We took two readings at the berm and two in the bays. Mr. laizzo replied, "I have a problem with comparing it to drinking water". Mr. Hall replied, "I apologize for saying potable water". I meant to say the State Water Quality Standards for Class 3 Waters. Mr. laizzo asked, "How long is this monitoring going to go on now"? Mr. Hall replied, ."This was a . one lime authorization based on the concern of the Mangrove Action Group that we were not doing any testing for pesticides and herbicides ". Mr. laizzo asked, "With the information we have, should we do any follow up, not so much monitoring, but do we need to get it out to the people who are bringing in our pollution "? Is there anything we need to do? Mr. Burke replied, `That is not actually pollution ". Mr. Hall stated, `That depends upon who you talk to ". It is a natural component of the stormwater system, but if it were going into the natural water bodies it would be classified as pollution, especially if it was going out into the Gulf. Mr. laizzo asked, "Doesn't it go into a retention pond "? Mr. Hall replied, "All of the lakes in this property are detention ponds and it goes from lake, to lake, to lake and eventually it gets to the east side of the berm where it is spread out, passes through the berm either over the weirs or through the weep holes to where it is retained in the swale on the west side of the berm and then finally into the mangroves and into the bays. Mr. laizzo asked, "Does this water move when it gets to a certain elevation "? Mr. Hall replied, "Yes ". The system has control elevations and is designed so that the higher the water gets, the more water flows through the system and that is for flood protection. CLAM BAY ANNUAL REPORT Mr. Burke asked, "Is this Report prepared for the Florida Department of Environmental Protection "? Mr. Hall replied, "It goes to DEP and to the US Army Corps of Engineers ". 445 Clam Bay Sub - committee October 6, 2004 Mr. Burke asked, "Do we ever get a call or piece of mail from them "? Mr. Hall replied, "I hope not ". Mr. Burke stated, "Living here and being involved with it, I found it kind of interesting ". The way I read the Report, there is a lot of good news in it. Mr. Hall stated, "Last year's report was very positive ". We have had some heavy rains through the summer where water staged, but the channels we had dug did a very good job of clearing that water out. We have had no die off of young mangroves that we have had in past years where we didn't have the .channels.. Based on that Report is why I- believe the Board decided to move ahead with increasing the funding for doing the flushing channels and completing them in a shorter time frame. Mr. laizzo asked, "When that Report goes to the agencies, do we get any feedback "? Mr. Hall replied, "We have not gotten any feedback for the last two years on the Reports that we have sent them ". Mr. laizzo asked, "Are these Reports mandatory or are we just being nice guys "? Mr. Hall replied, "They are mandatory and are a requirement of the permit that allows some autonomy on doing the restoration and enhancement work ". The periodic dredging of the pass is covered under that permit. If this permit was not in place we would have to try to re- permit that activity every time we wanted to do it. Mr. laizzo stated, "Maybe we should send them a CD -ROM ". Mr. Hall stated, "Electronic copies rather than hard copies for a cost reduction is an issue that came up ". As far as local distribution that would be fine. I have sent a letter to the State to get their opinion as to whether they would like to get digital copies in lieu of hard copies, but we have not received a response from them yet. I know the Army Corps of Engineers does want the hard copies, but we have not received a response from the State. Mr. laizzo stated, "I wish we could get some feedback ". Mr. Burke stated, "Not needing maintenance dredging at this time is a sign that everything going out with the flushing has improved the health of the system ". „R /61- Id /M Clam Bay Sub - committee October 6, 2004 Mr. Hall replied, "When they did the original analysis, the modeling showed that we would probably be on three to four year rotation on the dredging ". So far that has proven to be accurate. Mr. Hall continued, "We are working on putting all of the information together nova'. I was told that the Hydrographic Report has gone out and is part of the Annual Report. The remainder of the Report will be done during late November and we need the Board to provide a date for the actual presentation. Mr. Werner stated, "I am. encouraged_. by the Report". It appears positive, that we are making progress and doing what we are supposed to be doing. Mr. Hall replied, "We have been very happy". Mr. Werner asked, "Do Cypress trees get windburn "? Mr. Hall replied, "Yes, the leaves will all turn brown ". Mr. Burke asked, "What is shoaling "? Mr. Hall replied, "Shoaling is the accumulation of sand in a water body creating a shoal or sand bar". Mr. Burke asked, `That has slowed up "? Mr. Hall replied, "Yes, and that is a good thing ". Mr. Werner asked, "Are we supposed to make a recommendation about the System 111 and IV planting areas "? All we have done is allocate the money subject to review of the plantings. Is it our job to make a recommendation to the Board? Mr. Burke replied, "I would say so ". We have had discussions on the plan. Mr. laizzo asked, "I am confused, are we going to appropriate money for this and at the same time ask the associations to pay for it"? I am not sure what is going on here. Mr. Burke stated, "Mr. Ward explained that this program was designed for us to proceed with our part of it, irrespective of what the associations do ". Mr. Ward replied, "Right ". I think it would be a good idea for you to recommend it to the full Board. I do want to let Mr. Carroll and Mr. Seblatnigg work through the issues with the associations for the next couple of months. It is not urgent on our plate today, because if they 447 Clam Bay Sub - committee October 6, 2004 choose to move forward with it, we want to coordinate that with our work and that may work for the January/February time schedule versus the October /November time schedule. Mr. Werner asked, "If the condominium associations participate, is it going to be in addition to this "? Are they going to be reimbursing us for our costs? Mr. Ward replied, "No ". The concept was that the areas marked in blue on this map would be the areas that they would improve and is in addition to the funds that we allocated to do the work in the green area. I think it is a good idea that we acknowledge that we want to move forward and that would give Mr. Carroll some discussion abilities with the associations. Mr. Carroll stated, "You need to add for clarification that if the associations do this, we will assume the maintenance ". That is significant for them to understand. Mr. Ward replied, "For the area to the north that is not going to be overly diff icult". What I told Mr. Carroll was if they wanted to proceed forward we will provide them with the cost estimates and fund it into the Division and then Mr. Lukasz, with his staff, can take on the responsibility of construction of that area. At the south end for the Crown Colony area, if they proceed forward and remove all of the exotics in that area, then the Division would take over the long -term operations and maintenance of that program, assuming they do both the removal and the planting. Mr. Werner asked, "On the north end are we maintaining that ourselves "? Mr. Ward replied, "We are doing the exotic removal piece of it, but we are not doing the planting portion ". Mr. laizzo stated, "If we are appropriating the money and the associations get wind of it, they are going to back down ". I would table this issue until we get the associations to agree to come up with their share of the money. The maintenance is going to be a continuing cost item and is not a one shot deal. Mr. Werner stated, "We have already appropriated the money'. Mr. Iaizzo stated, "That could be reassigned elsewhere ". Mr. Carroll stated, "I don't think that is a good idea ". EM 16 z Id 194 Clam Bay Sub - committee October 6, 2004 Mr. Ward stated, "What we are going to spend is the area in green on the map ". We have no money to do the areas marked in blue on this map. That would be the additional cost that each association would bear as a part of the program itself. Mr. Sutphin asked, "If everyone signed up, do we incur any ongoing level of operating expense as a result of this program "? Mr. Ward replied, "Yes, we do ". The north area of Pelican Bay will still have the exotic removal program and is an ongoing program that you presently have. At the south end, in Crown Colony, we have never done exotic removal maintenance, so that would be an - incremental cost, in addition to what you currently have. Mr. Sutphin asked, "Why would we be obligated to do that"? Mr. Ward replied, "We would not be obligated to do it, except that for all of the areas along the berm we have always indicated that we would maintain the water management system to the extent that the exotics were removed from the system ". It would be consistent with prior policy and not a requirement to do it as a matter of policy. Mr. Sutphin stated, "You could almost say that it is a bribe to get the associations to participate ". Mr. Carroll stated, "It is a trade off ". Mr. Ward stated, "I look at it differently'. We did not have to pay the cost of removal of exotic materials; it was placed on the development community over the last few years. We have said that it is not part of code requirements, but if you do that and we are strongly encouraging you to do that, we will continue to maintain that area, especially since we took over Clam Bay. There were exotics west of the berm years ago and the County came in and spent money to take out the Maleleuca trees west of the berm. We have consistently said that we are going to do our part on the east side of the berm, including the developing communities. Mr. Sutphin asked, "Crown Colony trimmed the exotics, but didn't remove them "? Mr. Ward replied, "Crown Colony is an anomaly because it occurred at the time we were getting into this business and there was no requirement that the exotics even be killed ". During ... /,/,s (2,/ Q,# Clam Bay Sub - committee October 6, 2004 some settlement of code actions, they were required to kill the exotics, but not remove them. The exotics are dead, but they are there and that is why it looks so bad. Mr. Sutphin stated, "I am not implying that it is a bad idea, I just think we need to recognize that there is an increased level of operating expenses when we go with this program and it is successful ". Mr. Ward replied, "Exactly". Mr. laizzo stated, `This Board should recognize the fact that about four years ago the community did not wcant.any enhancement along the tram berm ". We did back off at that time. Now we are attempting it again, not on the same scale, but the community may still resent it. Unless this goes quietly through, I think we are going to have a backlash on this program. Mr. Ward stated, "I am not sure this can be, should be, is, or ever was considered to be a berm improvement ". What was done three or four years ago was a series of landscaping improvements to the slope of the berm itself. This program, irrespective of what we did four years ago, simply takes exotics out of the water management system and puts in place some littoral shelf plantings and other natural plantings. If you look at the plan, it clearly shows that it is just aquatic materials and littoral shelf plantings that are going into water bodies and not along the berm slope itself. Mr. laizzo stated, "The other problem is the equipment that is going to be on that berm ". That berm was just repaved and if you bringing equipment on to that berm there are going to be breaks along the edges. Mr. Roellig moved, seconded by Mr. Werner and approved unanimously that the Sub - committee recommend to the full Board that the concept for the System ill and IV Berm & Retention Area Improvements be accepted. Mr. Burke stated, "Now that this is out of the way, isn't there some talk about berm deterioration "? Mr. Ward stated, "We have segregated that issue and we need to proceed forward to fill in some of the washouts that have occurred along the berm and correct some of the grate 450 /6 a /(f 1q.,4 Clam Bay Sub - committee October 6, 2004 materials that are on top of the culverts ". 1 don't want that program killed as a result of residents not wanting the planting program. Those are health, safety and welfare issues that have to get done. We are proceeding to get that work completed. BEACH RENOURISHMENT Mr. Roellig stated, "My understanding is that the engineering firm that is working to get the beach renourishment permit for the County is still in the phase of responding to comments ". My concern is that the State is looking at a monitoring plan that is being negotiated between the State and the engineering firm. The preliminary estimate for the mitigation -and monitoring is $2,300,000. They are also looking at the possibility that the State would require mitigation of the hard bottom, which has been discussed in the past. The price for mitigation is in the neighborhood of $1,000,000 per acre. My personal concern is that the County is looking at paying for mitigation and monitoring through TDC Funds and we want to be very careful that because we are participating that we do not get stuck with a big monitoring and mitigation fee. It is my personal feeling that the engineering firm is trying to accommodate the State and that could be very expensive in the long run. I don't think that there is anything that we can do at the moment, but before we get locked in, we need to make sure that we understand how much monitoring or possible mitigation exposure we have and whether or not the County is willing to cover it with TDC Funds. We are potentially looking at very expensive monitoring and mitigation costs. My feeling is that the State is going to give us the permit and say that if the hard bottom has been encroached upon after the construction is done, then you are going to have to mitigate it. They could be asking for a blank check and I don't think we want to be involved in that. This is something that has to be watched, but we have no input in the negotiation. Mr. Burke asked, "When will this all come out"? Mr. Roellig replied, "It is still going back and forth with the State and we don't have the final conditions on the permit and probably will not for another six to eight weeks ". Mr. Werner stated, "That is why I think that we ought to strongly consider telling the County that we will contribute a fixed amount toward our beach renourishment". We have nothing to do with the negotiations with the State. When we had the original management plan from the 451 16-Z 1c14--1f Clam Bay Sub - committee October 6, 2004 State, we turned it down because we felt some of the provisions were too onerous and it turned out that they came back and said they would not take it to those extremes. I really think we ought to consider limiting our contribution to beach renourishment to a fixed dollar amount. Mr. Roellig stated, `The County has a different outlook on this ". I believe they have plans to tap the TDC Funds for their portion and we would have to pay for our portion. I agree that we should have a fixed amount. Mr. Ward, "Can that be done "? Mr. Sutphin stated, "A week or. ten Aays ago, there was a piece on the news where there was a lady from Tallahassee here to survey the beaches ". She was going to go back and do everything she could to pull out the stops with as much Federal money as possible and get the beaches put back in shape. Was that political script for television or was there something real there? Mr. Roellig stated, "My understanding is that with all of these storms, none of the beach work actually qualifies for disaster relief ". Mr. Ward stated, "Mr. Sutphin is right". There is a statewide push from the Governor's office to try to get some Federal monies to restore beaches statewide that have been adversely hit because of four hurricanes. M. Sutphin asked, "Is it possible that there is something there similar to FEMA to jump on the bandwagon and be part of the party"? Mr. Ward replied, "I think the issue at the Federal level is going to be that the Federal and State government will issue expedited permits for beach restoration ". The solution will be that is the expedited process, so all of the cities and counties who have had beach erosion because of four storms will be getting a statewide beach renourishment permit. 1 don't think there will be Federal funding that will come along with that, not in the Federal environment that we are working in today. Mr. Sutphin asked, "At the north end of the beach in Bay Colony, the net result of four storms is as much or more beach than I have seen in the five years I have lived here ". The sand all came back. There is a lot of beach. What happened at the southern end of Pelican Bay? 452 Clam Bay Sub - committee October 6, 2004 Mr. Burke replied, "It appears as if we have a lot of beach ". Mr. Lukasz stated, "At the south facility I thought we lost sand ". The elevation looked lower to me. Mr. Roellig stated, "Some type of survey needs to be taken ". In Naples, the beach is wider, but it is a much lower slope. Near the pier they have probably lost a good two feet of vertical sand. Maybe we got some sand from Vanderbilt, but they have a similar situation where the beach is wider but lower, which is not good. Mr. Sutphin .replied, "Our beach is wider and higher". It was way down after Hurricane Charley, but after this last storm it all appears to have come back. great". Mr. Hoselton stated, "After September 10th, I walked north and I think the beach looks Mr. Sutphin stated, "I think a survey is in order before we talk about committing funds to a project that now seems to have a lot of potential strings attached to it". Mr. Werner stated, "I would like to make a motion that we recommend to the full Board about limiting our participation in any beach renourishment to a fixed dollar amount". Is that reasonable? Mr. Ward replied, "Yes ". That is exactly what we have been telling them. Our limit of liability is to pay for dredging activities associated with this project and not for mitigation or hard bottom restoration. We are not capable of funding that kind of a mitigation project in today's environment. We are okay with some beach renourishment, but that is it. Mr. Burke asked, "At what point can we expect the County to come to us and say that everything is in order and we are ready to roll "? Mr. Roellig replied, "They have to get their permit first". That is not necessarily around the corner. The County sends the engineering firm to Tallahassee with no kind of representation and I have no idea how it is going to work out. If you understand their policy, there is no real policy from the Contessa northward. We are south of the Contessa. If you place sand up there, some of it is going to come south. From a coastal engineering standpoint, we are in pretty good shape. We have a pretty natural beach, which has never been much of a problem. 453 /(,o Z / C-,> 4X Clam Bay Sub - committee October 6, 2004 Mr. Sutphin stated, "It is interesting ". We have a lot of beach and at low tide, about 100 yards off the beach, there is a sandbar that you can see. Mr. Ward stated, "The construction is different than the permitting ". In the environment that the State is in right now, post four hurricanes, the likelihood of getting this permit has been raised dramatically. The County is going to be in a stronger position, and quicker, to get this permit because of what is going on statewide and there is a move at the State and Federal level to quickly move cities and counties through this permitting process to be able to do beach restoration, post four hurricanes. We.have been a part of that process and we needso_ be.a part. of that process and that permit will come out and include Pelican Bay, however it manifests itself. Part two is, are we going to choose to be a part of the construction activities related to that permit for Pelican Bay? That is the point where you have the final say as to whether or not we move forward and to what level of funding. I think it is still a good idea that we continually tell the County that we have a limited amount of resources and are limiting our exposure to beach restoration only and not mitigation and not hard bottom restoration. I don't know if I could tell you a fixed dollar amount at this point in time. We budgeted $700,000 with estimates to $1,500,000. 1 don't want to put $1,500,000 on the table with the County right now. I would say to put the $700,000 on the table with them and if we have to change it, so be it, but the bottom line is that we are doing beach restoration and the cost associated with that. Mr. Werner moved, seconded by Mr. Roellig and approved unanimously that we place a dollar figure on beach renourishment for placement of sand and we will not contribute to mitigation or hard bottom restoration. ADJOURN There being no further business the meeting adjourned at 2:35 PM. M. James Burke, Chairman 454 1L3- TG /7 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct COPY of: ORDINANCE 2002 -27 Which was adopted by the Board of County Commissioners on the 28th day of May, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of May, 2002. DWIGHT E. BROCK ..,7. Clerk of Courts and Clerk. Ex- officio to Board. of`�' ": County Commissioners 1= ' 1.• 4 By: Ellie Hoffman, ,r1''�� -•'• '�'��, Deputy Clerk Oct -24 -02 04:54pm From - Collier County Attorney Office 941 774 0225 T -152 P.002 /003 F -704 Af /9 Memorandum of AgreementlLetter of Understanding This is a Letter of Understanding/Memorandum of Agreement between the Collier County Board of County Commissioners and the Pelican Bay Municipal Service, Taxing, and Benefit Unit Advisory Committee, in so far as the common good of the residents, businesses, commercial or other interests located in the community of Pelican Bay can be furthered and advanced by the activities of a Municipal Service, Taxing and Benefit Unit, and to that end the most efficient method of operation is to allow the Advisory Committee those powers and duties as may be necessary to achieve the benefits related to those purposes described in Section Four of Ordinance No. 2002 - Commissioners da matte this declaration: the Beard of County 1. That the Functions, Powers and Duties of the Committee as listed -in Section Thirteen of Ordinance No. 2002- listing of the responsibilities of the Committee are a full and complete 2. That the Board of County Commissioners shall accept the direction of the Committee in its policy decisions relating to the Pelican Bay Municipal Service, Taxing and Benefit Unit in conformance with Section Thirteen of Ordinance No. 2002 -� to the maximum extent allowed by law, unless and except when there ils, some overriding governmental reason to do otherwise, I That all ultimate policy making powers of the Pelican Bay Municipal Service, Taxing and Benefit Unit are reserved unto the Collier County Board of County Commissioners sitting as Ex officio Board of the Pelican Bay Municipal Service, Taxing and Benefit Unit pursuant to Florida law. Entered into this Qc—OA day of Pa:T—jn'J Fp � 2002 .. IAL .. .. of the Advisory Committee � L�J 1 •y«y�`� y �. ~ 7�+1 p owl :Debi -: •, y to C r- S m m C> p W N W W N N O f0 07 N �I N Q� N CT A W N O (O OD V O (T A W N O f0 OD J W !T A W N d � O v o Cl) m m O v m c c 0 �Q Nm >> > > D > > ' c CD o w - 3 w w w 0 o c c w w D w w m � (D 3 D z ( : D 0 m 3 ( 37 cD f C CD M DO ID w 0 O O 'v w O -0 ) v n O(D O ' o 0 0 N 0 a �D O O 0 y -0 T 0 W o Z v '_v s O N P° w o m �, w tip v a� 0 sy N go o a° _. c c to 0 N mm v H O�� 3 O w iD p 0 SD (D (D K O 7 7 (O y why w .�.► OOi O CD CD o 'Op o '�Ci. O D -0 O � y 0 O H m -10 Cl) o c 0 c c t m m g g m m 3 3 m w � y m y N N O 7 CD cg v C, m <tii r A IRI' Q WjIR T+�A m' !rig !031 prig m M;w g m m W',E r.' g m m ,-g m 9 m MiCC m 9 m a, c g m l f ,m v !rig jm r WI� �Qam M, co m. 16 -T- /e-194 } / ]% k/ f « , 0 § � ( } d ( k D [ ■ i } ° [ ; § # { ( E t ( I - E § ' ` K § 2 o K } , § § - $ i _ OD } » � K . m 1 � } . . < ' 9 � rn: . ^ � m. I� k�■ ƒ / im \ n a C/): - ) $ D m a¥ , y mm \ 3 � CD / » § W CD _ 4 £ 2� � Bm� a $ m 2 M, CD m CO x. q .. 2'g � { � f$ $ a m� # A0= 1/e X98 MINUTES BUDGET SUB - COMMITTEE October 20, 2004 Naples, Florida LET IT BE KNOWN, that the Budget Sub - committee of the Pelican Bay Services Division Board met in Regular Session on this date, October 20, 2004 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. David Nordhoff Mr. John laizzo Mr. Edward Staros (Absent) ALSO PRESENT: One (1) Pelican Bay resident; three (3) members of the Pelican Bay Services Division Board; Ms. Jean Smith, Operations Analyst, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican. Bay. Services Division; Mr.. James P. Ward, _Division Administrator, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of Minutes of the September 15, 2004 Meeting 3. Audience Participation 4. Review Budget Format 5. Should Pelican Bay Services Charge for copies of documents and reports? 6. Review approved Mission and Objectives (Step 1 Planning) 7. Sub - committee Requests 8. Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show Mr. Ed Staros with an excused absence. APPROVAL OF MINUTES OF THE SEPTEMBER 15.2004 MEETING Mr. laizzo moved seconded by Mr. Nordhoff and approved unanimously, the Minutes of the September 15, 0004 Meeting. AUDIENCE PARTICIPATION Mr. Spanier stated, "I would like to comment that the move that you have guided for the transition from hard copy to paperless communications is to be applauded ". It is a step forward and I think it is going to be a template for many other organizations. Mr. Sutphin replied, "Thank you, I review it as a work in progress and an educational process ". As I stated at the last Board Meeting, there is no intent to deny anyone who wants to 280 /6-7- /C ! q B Budget Sub - committee October 20, 2004 continue to receive hard copies of documents, of their ability to do so. Hopefully, as people become familiar with what electronic documents have to offer, they will choose to go that route. REVIEW BUDGET FORMAT Mr. Sutphin stated, "It is my desire to try and bury, once and for all, the financial format that we have been using, which is totally manually created and involves a lot of work ". At present, financials are difficult to electronically format because the numbers are so small they are very tough to read. This is a work in progress. The first approach was for Ms. Smith to work with the County SAP_ system. and try to modify- the report to a format that was readable and understandable and I believe we have made some progress. Within the last week, Ms. Smith came up with the idea of taking the SAP data and directly downloading it to an Excel worksheet, which allows her to change type face, type size and if a line is important for purposes of a review, that line could be highlighted. It is very simple to add comments along side of individual line items. That report can then be converted directly to Adobe Acrobat and e- mailed to Board Members or provided in hard copy format. Mr. Spanier asked, "Can you define what SAP is "? Mr. Sutphin replied, "SAP is the name of a software company from whom the County has purchased their accounting and financial control system ". Mr. Werner asked, "The Report that you have shown has a lot of detail in it, will that be available "? Mr. Sutphin replied, "Absolutely ". The sequence of line items might change. Putting the report in Excel allows Ms. Smith to reformat the document within some set of parameters, which is relatively easy to manipulate. I think we can work together as a Board to come up with something that is useful and does not require incremental administrative work to put together. As long as we can head in that direction I will be happy. Mr. Sutphin continued, "Mr. Ward has committed that his contribution to paperless communications will be a paperless meeting, whereby everything that the Board is going to discuss will be available in Power Point or in another projectable format, so that we can look at it on a screen as opposed to carrying a stack of paper with us. 281 Budget Sub - committee October 20, 2004 Mr. Werner stated, "Some of the information is hard to read on the screen at times ". Mr. Sutphin replied, "A key to reformatting the information was that it be readable in presentation format and it became obvious that some of these other things were not ". Mr. Nordhoff stated, "If we don't get a look at the material before it is put on the screen, we don't have the opportunity to do our homework ". Mr. Sutphin stated, "You will have obtained the information via e-mail or on a disc prior to the meeting ". Mr. Nordhoff asked, "So we will see it before the meeting "? Mr. Sutphin replied, "Absolutely ". No surprises. Mr. Nordhoff asked, "If we have already seen it and I have printed it out and digested it, why do you need to have it projected on the screen ". Mr. Sutphin replied, "If it is the Board's desire to review it at the meeting ". Mr. Werner stated, "It would also be very helpful for the audience who has not seen it ". Mr. Sutphin stated, "There is the ability to highlight ". Typically in a given month there might be two or three items that are worthy of discussion. Those items could be highlighted in red so that the attention goes directly to them. Mr. Ward could talk to the highlighted areas if something needs to be explained as to why a number is higher or lower than budget, or if spending is ahead or behind schedule. Mr. Nordhoff stated, "I can remember Mr. Ward saying that it is impossible to go over budget on any given line item ". I guess they can only spend up to that amount and then it stops. Why do we worry about the rate at which it is being spent if we know that in the end it is never going to be over spent? Mr. Sutphin replied, "That is a good question ". Mr. laizzo stated, "It is not true that each line item is not over spent or under spent ". It is true that the Personal Services and Operating Expenses have a fixed budget and we can't go over that. The point that I made last month is that money can be moved within our three expense accounts. That is why I asked that the Board be notified prior to that kind of action taking place. 282 /6 z is i9 's Budget Sub - committee October 20. 2004 Mr. Sutphin replied, "I think that is appropriate ". It would also be theoretically possible to blow the entire office supply budget on paperclips in the first six months of the year and not be able to buy pencils during the last six months. Mr. Nordhoff asked, "Why is that our responsibility if we have hired Mr. Ward to run the operation ". I thought our primary roll was to determine the amount of money to be allocated to different areas of the budget and that Mr. Ward would run the operation. I am still hung up on the fact that we are micro managing, or we are wanting to micro manage. Mr. Sutphin replied, "I don't disagree yvith you ". There are others on the Board who feel that attention to a much lower level of detail is appropriate for the Board. That is a Board decision. I would recommend against it, however, I believe any member of this Board is certainly allowed to get into as much detail as they choose. Mr. laizzo stated, "I think that the Board needs to know that if we are taking money out of one pocket and putting it in another pocket, you have to know what is being deprived of the money that was in the first pocket ". Why is the second pocket getting money when we have already allocated sufficient funds for it? If we didn't allocate sufficient funds, then we should know that we didn't. Mr. Ward stated, "We have had this problem and it deals with people ". I have a certain amount of money that is put in the budget for Personal Services. In the Operating Expense line item, Other Contractual Services, are people also, but they are contracted labor people. I am moving that back and forth between Contracted Labor and Personal Services, depending upon our turnover, vacancy, how much time we need to do this, that, or the other thing and whether we have had a hurricane or not. It requires that I go before the Board of County Commissioners, with a Budget Amendment, to do it out of Operating Expenses into Personal Services or the other way around, as the case may be. We have done that routinely for fourteen years and will continue to do that. Mr. laizzo wants to know about that before it happens. Mr. Nordhoff stated, "There is still a check and balance ". 283 /�, a /c /q8 Budget Sub - committee October 20. 2004 Mr. Ward replied, "The check and balance is that I still cannot over spend the budget ". If I take $50,000 out of Operating Expenses and put it in Personal Services, or the other way around, the bottom line still does not change. Mr. Sutphin stated, "Strangely, my concern is in the other direction ". We predicated the Fiscal Year 2005 Budget primarily off of the Fiscal Year 2004 Budget. In other words, budgeted spending to budgeted spending, with the implicit effect on Operating Fund Balances that spending the full Fiscal Year 2004 Budget would have. Therefore, the need to increase the assessment to ensure adequate cash. in the bank. As it turns out, it appears that actuaL spending- in Fiscal Year 2004 is going to be significantly below budget. Is that a fair statement? Mr. Ward replied, "Yes ". Mr. Sutphin stated, "Had we known that back in the June time frame, we could have probably gotten by with a smaller increase in the assessment level ". Therefore, I think we need some renewed emphasis on forecasting. Mr. Ward replied, "I will not disagree with you ". You were provided a sheet, but I don't know what the actual expenditures are, in aggregate, in relation to the projected expenditures. Generally, if you look at how we build cash up over time that is how it got built up. Mr. Nordhoff stated, "It is not like we won't have that money in the future, in an excess capacity at the end of this year, so we can bill less next year ". Mr. Sutphin replied, "That is true, but I think there has been a lack of focus on cash management ". I am not apologizing for the increase in the assessment, since we used the best information we had available at the time to come up with it. I don't know what the number is, but I believe it is going to be several hundred thousand dollars that we have under spent the budget. Ms. Smith stated, "Not that much, approximately 12 % ". Mr. Sutphin replied, "Twelve percent of $4,000,000 is approximately $500,000 ". Ms. Smith replied, "Some of those funds have been used as a carry forward in this year's budget to reduce your assessment ". When we knew we were going to have something left, we used it to reduce the assessment. ., /6z /ef/& Budget Sub - committee October 20. 2004 Mr. Ward stated, "Our landscaping is the largest part of the budget ". We budgeted projected expenditures at $1,600,000. Prior to finishing the audit, we are at $1,500,000. For Street Lighting we projected expenditures at $190,000 and they came in at $180,000. For Water Management we projected expenditures at $686,000 and it came in at $664,000. The Sheriff was budgeted at expenditures of $492,000 and it came in at $484,000. Those are all Operating Accounts. Mr. Sutphin asked, "Is the aggregate amount for those approximately $200,000 "? Mr. Ward replied, ".Maybe ". - Mr. Sutphin stated, "Then it would have been approximately $25.00 per ERU ". Not a huge sum of money, but the whole point of what I am saying is that I would like to do better next year. I think we should pay some attention to forecasting cash. Mr. Werner asked, "How are you going to handle these Budget Amendments "? Are you going to bring them before the Board? I think that Mr. laizzo wants to be notified in advance and I don't know that is practical. Mr. Ward stated, "It isn't ". Mr. laizzo replied, "Only if it is an emergency ". Mr. Werner stated, "The Board meets once a month ". What happens if something needs to be done one week after our meeting? Mr. laizzo stated, "An Amendment has to be written, which goes to the County so that they can shuffle the money ". At that time the office knows about it and we can get a note to that effect. It is not like they have to wait until the meeting. If an Amendment is written, we can be notified by e-mail. Mr. Werner asked, "What are you going to do with it "? Mr. laizzo stated, "We are just notified and we can then start to think about what was going on ". Did we need it, we can question it and we can get some satisfaction. Mr. Ward stated, "That is where I bail on that subject ". If I am going to manage the Division, I am going to manage the Division. I don't need to be second - guessed with regard to 285 Budget Sub - committee October 20, 2004 moving Contractual Services into Personal Services, or the other way around, because we need labor people to do the job. Mr. laizzo stated, "I don't see the problem, I just think it is appropriate ". Mr. Ward replied, "I don't want to be second - guessed ". If you want to manage the Division have at it, but I don't need to be second - guessed. Mr. laizzo replied, "There is no second - guessing ". I just think it is appropriate that the Board be notified. If the Board wants to downplay that, that is their choice. up" Mr. Sutphin asked, "Did the .Board vote on this at their last meeting "? Mr. laizzo replied, "No, it was supposed to be on the agenda, but it did not get brought Mr. Ward stated, "My recollection of the issue and we will have to wait to see the Minutes, was that you chose not to do anything about it and left it that you were not going to approve it, deny it or even look at it ". It was my job to manage the Division and if I needed money out of Contractual Services, Personal Services, or the other way around, which is more likely what happens, I didn't need to notify you or get it reviewed or approved by you. Mr. Nordhoff stated, "I feel as strongly against what Mr. laizzo wants, as he does for it ". I see no reason to put Mr. Ward in that position. We don't need to know that and it undermines our confidence in Mr. Ward. Mr. laizzo replied, "I disagree ". If the Board decides that this is the kind of money that Mr. Ward is asking for and we appropriately assign it to Personal Services, Operating Expenses and Capital Outlay, it is based on his decision. If he is moving money around, there must be some reason and those reasons ought to be divulged. Mr. Sutphin stated, "This is as much philosophical as anything else ". If this Board approves $1,000,000 to people to take care of landscaping in Pelican Bay, why do we care if that work was performed by County employees or contracted people? care of. Mr. laizzo replied, "That is not the issue ". Mr. Nordhoff replied, "That is the issue ". We hired Mr. Ward to decide how it is taken MW Budget Sub - committee October 20, 2004 Mr. laizzo stated, "If the money stays within Personal Services that is fine because we have allocated "x" dollars to Personal Services ". The thing that annoys me and I am concerned about, is that we are taking money out of Personal Services and putting it to Operating Expenses and what did we do wrong? Mr. Ward replied, "There is nothing you did wrong ". We allocate "x" dollars for Personal Services, "x" dollars for Other Contractual Services for day laborers and that combination is the labor pool necessary to do the job. Unfortunately, in the County's system, I have to deal with it as Personal Servipes and-Operating Expenditures. I would be just as happy to put all of the dollars in Personal Services and I could use it for either County employees or for contracted labor, but I can't do it in this system. I don't think it is necessary to go beyond that. Mr. Nordhoff asked, "Would it be appropriate to make a motion to put this to rest once and for all "? Board "? Mr. laizzo asked, "I think it is open for discussion, why don't we bring it before the entire Mr. Nordhoff replied, "The entire Board, with the exception of yourself, is in agreement ". You have already been overruled. Mr. laizzo replied, "At the last meeting we decided to bring it to the entire Board for a decision and that failed to come about ". Now we are back in a Sub - committee Meeting talking about the same thing we talked about last week. I would just assume bring it up at a full Board Meeting. Mr. Sutphin replied, "I think you should do so ". Mr. Sutphin asked, "Do we have an example of how these numbers appear in an Excel format "? A SAMPLE REPORT WAS PLACED ON THE OVERHEAD SCREEN Ms. Smith stated, "That is exactly what you see on the blue financial sheet that has been passed out in the past ". All I did was take that Report and put it into an Excel format, remove the blue and highlight the total columns. '87 /6a 1,2 1�B Budget Sub - committee October 20. 2004 Mr. Sutphin stated, "I think it could be simplified further by deleting the Object Code column, which would allow you to use a larger type face ". Ms. Smith replied, "I can do that ". Mr. Sutphin stated, "That format can be updated every month, simply by plugging in the Actual and if there is a line that needs to be discussed at a Board Meeting, it can be highlighted, an extra line could be added and a note of text could be added to explain it ". Mr. laizzo stated, "We are supposed to separate the Water Management and Community Beautification ". - Ms. Smith replied, "This is just a sample ". What I am proposing to do is to provide this for every fund and cost center. Mr. Sutphin stated, "This is a format example ". If there is no disagreement, I am prepared to recommend this to the full Board as the standardized reporting format, subject to continuous improvement to make it more valuable and hopefully less task intensive in terms of putting it together. Mr. laizzo moved, seconded by Mr. Nordhoff and approved unanimously to recommend the Excel format as the standardized format for reporting financials to the Pelican Bay Services Division Board. Mr. Sutphin stated, "The next item is whether or not we, as a Board, should consider adopting a policy where we charge the public for copies of documents similar to what the County does "? Mr. Nordhoff asked, "Why wouldn't we charge them "? It costs us something and if the public wants it, they ought to pay for it. Mr. laizzo asked, "Ms. Smith, what is the procedure right now "? How many copies do we make for the agenda packages? Ms. Smith replied, "Twenty- three ". Mr. laizzo asked, "How many people come to the office to ask for it "? Budget Sub - committee October 20, 2004 Ms. Smith replied, "Zero ". Where we run into our problem is that people want Budget Books and copies of the Turrell Reports. Mr. Sutphin stated, "I was not referring to agenda packages ". Mr. Nordhoff stated, "I see no reason to give an audiotape away ". Mr. Ward stated, "We periodically get requests for that ". If somebody does not like what you have done at a particular meeting, they request an audiotape. It does not happen often, but it does happen. Mr. Sutphin stated, "As a premise, if you assume that there are relatively few people that ask for lots of documents, you are in the position of subsidizing those few through taxes ". Ultimately, this gets into our cost of operations. It is not a large number, but it is another little piece that is easy to do something about. Mr. Werner asked, "How do you implement this if it decided "? Do you have to provide public notice? Mr. Ward replied, "No, we would just post the copying charges to the website and in the future when someone makes the request Mrs. Smith will tell them what the charges are to duplicate the document ". Mr. Sutphin stated, "A caveat of adopting this policy, that Mr. Ward has agreed is very doable, is that any document that someone would want a copy of is available on the website, if they take the time and trouble to go there and look at it ". If they don't happen to have a computer at home, they can go to the public library it's free. Mr. Spanier stated, "Try to keep this issue in perspective ". I certainly applaud the sensitivity of trying to limit any extraneous expense from our operating package ". However, given what appears to be an extremely minor savings and that I would anticipate drawing some real negative reaction on the part of our constituents, it isn't worth it. Mr. Sutphin replied, "That is why I put it on the agenda ". I am not sure it is worth doing? Mr. Nordhoff stated, "I am accustomed to paying for what I get ". When I have to pay, that makes me think about how much I really want an item. These are modest costs and I don't think we are an organization that is supposed to be giving stuff away. I would suspect people ask Sy 16-- /C H6 6 Budget Sub - committee October 20, 2004 for a lot of documents now that they do not even use. It gives it an inherent value to have charges assigned to it. Mr. Spanier stated, "Apparently people are not asking for a lot of things ". I am simply going back to when Mr. Shmeagle created a tremendous public outcry about the effort of the Foundation to conceal transactions, records and the important data that had a bearing on the way in which all of us access them and use them for the benefit of our taxation. In the end, it was not worth the animosity that was stirred up at that time to open the records. Mrs. Smith stated, "I _understand what -you are saying, but every piece of _paper that comes into our office is a public record, so anyone can walk in at any time and read any document that we have ". When we start reproducing the Clam Bay Management Plan and other reports, we cannot do those in house and they have to go outside to be done. Every color copy has to be paid for, the document has to be booked and we cannot do that in- house, so we are absorbing those costs. Mr. Werner asked, "That is not limited to Pelican Bay residents is it "? Mrs. Smith replied, "No ". Anybody coming into our office can request any document ". It is also the same where people have come in and asked for copies of plans of a particular plan approval. There is no way that we can duplicate anything larger than an 11 X17" sheet of paper, in black and white. Mr. Sutphin asked, "Can you show the Power Point that I came up with as the point of departure in terms of what we might do "? As an example, if we charged $1.00 a page for this budget, it would cost someone $100.00. For $2.00 they can have it on a CD -ROM and they can have it by e-mail free. Mr. Spanier replied, "I understand that ". What we are asking a person to do is be sufficiently expert at using a computer. It is worth doing if the volume of demand is significant and certainly when it comes to special reports as was sited. Mr. Ward stated, "I would certainly love to charge someone $1.00 or $.50 a page for this book ". We don't get a lot of requests, but it is a pain when they do come in and request it. I do know when Mrs. Smith was running out of materials a year or so ago; I used to bring these covers 290 16-z le- 1 9 B Budget Sub - committee October 20, 2004 and binders from my Coral Springs offices so that she would have the materials to do it. As a firm, I spent a lot of money providing all of this material. I think it is a good idea to do it, especially when it comes to color copies and the Clam Bay reports that we have to send out to Kinko's for $200.00 - $250.00 a book to get reproduced. People come in from who knows where and say I want it and we give it to them. We have $2,000- $3,000 in inventoried books sitting around because we know people will ask for them. I think if you are going to go to the paperless system, you are not going to get the backlash from the residents who want to come in and want a page of this or a page of that. .1 do.think that in time itjs intended to get rid of these large expenditures of $2,000 43,000 for these larger books. Mr. Nordhoff stated, "We are not on the cutting edge of doing this ". Many businesses provide information on their website. I just recently went through renovating a kitchen and I wanted to look for appliances. They no longer carry brochures and they suggested that I go to their website. A website can be changed and updated daily. I don't think we are doing anything out of the ordinary. Sure there are some people who are computer illiterate, but there are people who still don't have a drivers license. You cannot gear yourself around those people. Mr. Spanier asked, "What is the policy of the Foundation for making documents available to residents "? Mr. laizzo replied, "They are available ". Mr. Spanier replied, "Mr. Ward's observation about reproducing expensive color documents is valid ". However, we should not ignore the Foundation's policy. Mr. laizzo stated, "I would support going on record and saying that people who want information request it and we will give it to you ". Otherwise, we will not mass - produce anything unless we get an order for it. That will bring down the cost and effectively put it into a savings. If they want it, let's give it to them, but let them request it either in person or in writing. Mr. Werner stated, "Don't lose sight of the fact that the Foundation can limit what they distribute to the residents of Pelican Bay, we cannot ". If someone from Lee or Charlotte County wants a document they can request it. Mr. laizzo stated, "You are not going to get such a large request ". -191 16 _1 /,fl l M Budget Sub - committee October 20, 2004 Mr. Ward replied, "But they can and they do ". Most of the requests for documents, such as Annual Reports, etc., come from outside of Pelican Bay. Mr. laizzo stated, "You don't need to honor those requests ". Mr. Werner stated, "They are public records and we have to provide the requested documents ". Mr. laizzo stated, "If they are not residents, then they should pay ". Mr. Ward replied, "The public is the public and you cannot make that distinction ". As I suggested, I think the charging idea is. good. I.like Mr. Sutphin's rates better than -the County's and I would like to see book charges added for these larger documents. Mr. Sutphin asked, "Mr. Ward, could you and Mrs. Smith come up with a recommendation for the Board, to allow the Board to decide where to go with this "? Mr. Ward replied, "Yes ". The only thing I would add to this is the booking issue ". Mr. laizzo stated, "You indicated that the County does charge $1.00 a page for copying and if it is a non - resident we can do what you are suggesting ". Mr. Ward replied, "I can not ". We have to treat everybody, whether they live in Pelican Bay or Nome, Alaska, exactly the same when they walk in the front door ". They are a member of the public and if we charge $1.00 a page, whether they live in Pelican Bay or not, they are paying $1.00 per page. The charges cannot be different because of where you reside. Mr. Sutphin stated, "It is agreed that Mr. Ward and Mrs. Smith will come up with a specific policy recommendation for the entire Board to consider at their next meeting ". REVIEW APPROVED MISSION AND OBJECTIVES (STEP 1 PLANNING) Mr. Sutphin stated, "I checked the calendar and according to the planning methodology that we adopted a year ago, it is time to review our Mission and Objectives ". A year ago the Board approved the following Mission Statement: "Preserve and enhance property owner value and resident quality of life by promptly and efficiently providing services and capital improvements which answer the needs of the community within Pelican Bay and maintain its' position as a top tier community ". 292 16,Z 121M Budget Sub - committee October 20, 2004 We can leave it in place, change it, or decide not to have a Mission. The most controversial part of that statement is "top tier" and the infinite variety of definitions people chose to place on those simple words. The person responsible for including those words is sitting in the room today. Mr. Spanier stated, "I did suggest those words ". As I look at this statement and I looked at a similar one recently formulated by the Foundation, which refers to a leading beachfront community, I think we should consider conforming our statement to what the Foundation has in place. Mr. Sutphin stated, "I have no.objection to that ". Can I ask you to send a copy of that Mission Statement to Mrs. Smith so that she can distribute it to all Board members in advance of our next meeting? Mr. laizzo stated, "The last line could be dropped in total and would still hold our purpose ". Mr. Sutphin stated, "I hear you, but Mr. Spanier's suggestion of taking a look at what the Foundation has adopted and if it is compatible, it would be interesting for the two revenue raising organizations in Pelican Bay to have a totally compatible mission ". It would seem to make absolute sense. Mr. Spanier stated, "The reason I mentioned the charging policy is that in the end, despite the fact that Mr. Ward is correct, this is a branch of County government and our constituency is identical to that of the Foundation ". We are the ones who levy the taxes on ourselves and decide what to do with them under the constraints of the overall County control. To the extent that we can conform to basic policy and statement and not look for differences that can be friction points is a good idea. Mr. Sutphin stated, "Let's take a look at the Foundation's Mission in advance of the next meeting ". Mr. laizzo stated, "I think we have two different missions ". Mr. Sutphin replied, "I am not so sure of that ". The next item is our objectives. Mr. Ward stated. "The Foundation Mission Statement from 2001 is: 293 /6-z /c-_ IM Budget Sub - committee October 20. 2004 "To contribute to the realization of the Pelican Bay Vision by professionally, ethically and successfully managing the common facilities, amenities, programs and services provided to its membership that is: 1) Consistent with the Governing Documents and 2) Consistent with the fiscal and operational constraints as directed by its membership through it's elected Board of Directors. " Mr. Spanier stated, "That is not the statement ". I will provide a copy of the Foundation's current Mission Statement. Mr. Sutphin stated, "These are the approved objectives ". The one comment I will make is that the second objective from the bottom, "working closely with the Foundation ", is something that was approved by the Board and we need to do it, for whatever reason. That led to several false starts in objective #4 relating to the ten year Capital Plan. There was no meaningful coordination of long -range planning with the Foundation. I don't want to rehash history, but I would strongly recommend that we try and think this through, so that we don't repeat the same mistake again. Mrs. Smith, I will provide something on this subject to send out as part of the Board package. Does anybody have any suggestions on what to do with this, other than to discuss it at the next Board meeting and attempt to come up with something that makes sense? The timing that we imposed on ourselves is that we should finalize this by the December Board meeting. That allows us the November Board Meeting to kick it around and the December Board Meeting to adopt something, which will then lead us into the strategic planning portion of this year's planning cycle. My only comment is, if it is in our objectives, we ought to do it and if we are not going to do it, we ought to take it out. Mr. laizzo stated, "Possibly, every Board Member should put a "V" or °x" next to the objective, to be for or against it ". That would provide your majority. Mr. Sutphin replied, "That would work ". Mr. Ward stated, "For what it is worth, I would like to see us try to implement the Foundation objective this year ". It has been a disaster for the past twelve months, but we have to get back to making sure that works better. I don't know how to do that, but we have to figure it out. 294 16Z /-7 /M Budget Sub - committee October 20, 2004 Mr. laizzo stated, "The trouble is, only one member of our Board can attend the Foundation Meetings and that doesn't work ". Mr. Nordhoff asked, "Is it true that only one of our members can attend the Foundation Meetings "? Mr. Ward replied, "The Foundation Meetings are open meetings, noticed and advertised ". You just have to be careful about interaction. Mr. laizzo stated, "With agenda items, etc., if there is some commonality you can't talk about it ". - Mr. Ward stated, "Mr. Carroll has regular meetings with the Chairman of the Foundation Board ". We could sponsor joint meetings between both Boards on a quarterly basis, with a fixed agenda to accomplish something, whether that is defining the Mission and Objectives for the Community for both of you. I don't care what it is, but it has to get better in terms of how we work together. Mr. laizzo stated, "For our Board to be able to show up at the Foundation Meetings would solve that ". Mr. Ward stated, "I still think that at some point you both, as two groups, should come together in a joint meeting ". I assume this County Commission must have joint meetings with the Lee County Commission and the City of Naples. I see that constantly in my business and it is a good idea to do something like that. Mr. Sutphin stated, "Mr. Ward has raised an interesting point ". At the next Board Meeting, I think it would be useful if Mr. Ward could summarize how many members of this Board could attend an open Foundation Board Meeting and ask questions or make comments from the floor, without being in violation of the Sunshine Laws. It certainly has been by understanding, as an example, if Mr. Carroll attended, no one else could show up. Mr. Ward replied, "The Foundation advertises its' meetings, they are open to the public and they take Minutes of the Meetings; so more than one of you can attend those meetings ". Two of you sitting in the back of the room discussing Pelican Bay Services Division issues is going to be problematic. Attending a Board Meeting and having a dialogue with them is generally 295 1� z 12 IP6 Budget Sub - committee October 20, 2004 not an issue. The issue is, has it been advertised, is it open to the public and do they take Minutes? Mr. Nordhoff stated, "We an also invite them to attend our meetings ". Mr. Spanier asked, "How do the Sunshine Laws apply to a workshop, such as a joint workshop on budgeting "? Mr. Ward replied, "Irrespective of what you call it, the Sunshine Laws apply uniformly across the board ". Mr. Spanier asked, "Is a workshop. subject to. the same constraints of the Sunshine Laws, in interaction between members, as a regular public meeting "? Mr. Ward replied, "Right ". Mr. Sutphin stated, "As I understand it, under the Sunshine Law it is impossible to have a closed -door brainstorming session ". Mr. Ward replied, "It is not impossible ". The only provision in the Statute that permits it is in the event that the government is in litigation. They can have a closed session for settlement negotiations only. It is limited to the Board, the head of the agency and the attorney representing the agency. The meeting has to be noticed; you actually open the meeting and then go into closed -door session, reopen the meeting and the transcript has to be made available at the end of the litigation period. Mr. Sutphin stated, "What I call a brainstorming session is where nothing is off limits and there is total candor and a completely free give and take between people ". You just can't do it. say ". Mr. Ward replied, "You can do it, it is just on the record ". Mr. Sutphin stated, "That precludes a lot of people from saying what they would like to Mr. Ward stated, "You are never going to be into a litigation issue, so that is nothing that would apply to you ". Mr. laizzo asked, "So more than one individual from our Board can attend the Foundation meeting if you stay away from our agenda topics "? 296 /67 icy ?9 Budget Sub - committee October 20, 2004 Mr. Ward replied, "No, you don't have to stay off your agenda topics ". The Foundation meetings are open to the public, they are advertised and Minutes are taken. with "? Mr. laizzo stated, "My question was, can we bring up the concerns that we are dealing Mr. Ward replied, "Yes ". Mr. laizzo stated, "I have a budget question on Reserves ". Currently we have $1,200,000 reserved for the Uninsured Assets. How does that number sit in your mind as a Mr. Ward replied, "After the second In ricane., the City of Cape Coral had infrastructure damage of over $63,000,000 ". That is pretty minimal in comparison with what I have seen in other cities and counties. In Broward County, one of the cities that I represent, the City of Weston, was barely touched and there was over $1,000,000 in damage in the City and it was primarily debris clean up. There were no downed power lines, no water and sewer or road damage and no home damage, but cleaning up landscaping alone was over $1,000,000 and that was just the public side of it. Mr. Sutphin stated, "I saw a document and I don't remember where, that preliminarily we have taken a charge against that reserve for $400,000, some of which may be recoverable from the County and/or FEMA ". So we don't have $1,200,000 in that account. Mr. Ward replied, "It is going to go down, but we are probably much better than that ". Those were Mr. Lukasz's very preliminary estimates, but we won't know that for about sixty days. Mr. Sutphin stated, "That Reserve is being used and it is miniscule ". Mr. Ward replied, "It is miniscule and you did not even take a direct hit ". Mr. Sutphin stated, "Having that Reserve meant that we had the cash available to allow Mr. Ward to go out and commit to get work done, without going to the County Commissioner's for an emergency appropriation or whatever would have been required if we had not had the Reserve ". Mr. Ward replied, "Correct ". The County does fund, as part of their emergency reserve, some debris removal, primarily to let the transportation network work ". We would have the ability 297 16 a /d / iB Budget Sub - committee October 20, 2004 to take some money from that to keep the roads open. That is not for cleaning up the debris and certainly not replacing any of the materials that have been lost as a result of the storm. Mr. Sutphin stated, "As I understand it, we have spent some money and now you are going to fight like the dickens to get as much of it back as possible ". Mr. Ward replied, "Exactly ". Mr. Sutphin asked, "When do you estimate that you will know exactly how much of a hit we took "? Mr. Ward replied, "Probably. within the next sixty days ". Mr. laizzo asked, "Approximately how much of the Reserve did we spend "? Mr. Ward replied, "I think you need to give me time to get that figure ". Mr. Sutphin stated, "You can update us at the next Board Meeting ". Mr. Ward stated, "You will get an update from us at your Board Meeting and the numbers are getting better for us ". Mr. Lukasz was very conservative in his initial estimates. Mr. laizzo stated, "Something to consider when we set our budget in place as we get toward the end of the year, is that we ought to set aside exactly what we are looking for in Reserves and hold that separate when we start assessing each ERU ". Let them know that part of the money is going to Reserves because our Reserves are low and they can see that the increase is not just us blowing the money through unwanted expenses. If our Reserves are down, let them know our Reserves are down and how much they have to add to the assessment to get our Reserves up. I think that helps. Mr. Carroll stated, "We took a lot of flack about using the word "Reserves ". I heard comments like, putting money in Reserves is kind of a slush fund that you can spend on anything that you want. One of our former Board Members is one of those who fought Reserves. Mr. laizzo stated, "There is a comfort zone with our Reserves and the community has to know that ". We can't keep sliding on the skin of our butts. Mr. Sutphin stated, "One of the problems that I see is semantic, in that we tend to call things Reserves that are not Reserves ". Our Operating Fund balances get lumped into the •• 14 7- /e /M Budget Sub - committee October 20, 2004 category of Reserves and they are not Reserves. Our income comes in once a year and that is not a Reserve. That is the money to pay the bills for the next twelve months. Mr. laizzo stated, "I am saying that we have to add extra dollars that we know are actually going into the Reserve pot ". Mr. Sutphin stated, "I may not have done a very adequate job, but I tried very hard to explain in my articles in the Pelican Bay Post, why it was necessary to increase the assessment to replenish Operating Fund Balances, so that we would have enough money to pays the bills because we had spent A down- over -the -past several years ". Apparently, that did not get understood by a lot of people. Mr. Nordhoff stated, "They may have a predisposed state of mind ". ADJ_ OURIV There being no further business, the meeting adjourned at 4:00 P.M. 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A O C !!C4 O O W Co O O!O,O O C ca V" -+ NI !CD co O�? V'N V Co � cD M O V O T N A (.0 A cfl 00, NIOO', � i W cn CA -+ tV CD U7I0) O O W O V O 0 CD w 0 co 0 00 N O O �'O v O O m IN O O V O� O- N O O O O O O r... r-lala Halas Henning Coyle Coletta October 25, 2004 o_ /b7— I D I Mr. Robert F. Milligan Comptroller of Florida 101 East Gaines Street Fletcher Building Tallahassee, Florida 32399 -0350 Dear Mr. Milligan: Enclosed are the necessary forms in compliance with sections 1603, 218.32, 218.36, Florida Statutes. 1. Constitutional Officers Financial Report for 2003 -2004 Form DBF -AA -405. 2. Combined Statement of Position Form DBF -AA -402 All fund types and Account Groups 3. Fund Group Form DBF -AA -403 Revenues and Expenditures /Expenses Copies of the enclosed form have been given to the independent auditors for consolidation purposes and to the Board of County Commissioners. Very truly yours, i Guy L arlton Tax hector cc: Hon. Donna Fiala, Chairman, Board of County Commissioners Hon. Dwight Brock, Clerk of Courts Mr. Russell Baker, Schultz Chaipel & Co. L.L.P. ■fA t1 [Ijr G ..s To: COURTHOUSE - -BLDG. C -1 • NAPLES, FLORIDA 34112 -4997 www.colliertax.com i. e at&on C.F.C. COLLIER COUNTY TAX COLLECTOR Mr. Robert F. Milligan Comptroller of Florida 101 East Gaines Street Fletcher Building Tallahassee, Florida 32399 -0350 Dear Mr. Milligan: Enclosed are the necessary forms in compliance with sections 1603, 218.32, 218.36, Florida Statutes. 1. Constitutional Officers Financial Report for 2003 -2004 Form DBF -AA -405. 2. Combined Statement of Position Form DBF -AA -402 All fund types and Account Groups 3. Fund Group Form DBF -AA -403 Revenues and Expenditures /Expenses Copies of the enclosed form have been given to the independent auditors for consolidation purposes and to the Board of County Commissioners. Very truly yours, i Guy L arlton Tax hector cc: Hon. 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D/ Z o o< o 0 0 o 0 D D N N v Q a C r O r 3 m 0 d a v wu v r 2 D rn p Q m Q co � Q = � Z 3' m m 0 ^A ) =j l rn(n U) rt 0) C m m O = M CD CD Z cn � 2 Q Q a CD w Z CD n. 0 (n m n c cn NO O v -9�- m � X 0 O N M o m o C aCD C) coo - 3 3 W cD: CD CC) o a) C. o Z M- CD W 0 0 c � -rl w aQ o~o 0 N 4�- p)' CD cn `G o (D X (D v N ° 0 X C� :3 m o CD =3 X X °(D (D cn 3 — �`' o 3 CD O P 0 Q- G o O 3 D r r C Z v -v m D z v n 0 C z O X C O E W Z m v D m 9 m O 'o O 4 O Z X -v _-1 G7 m z s Z C ca m .o ca 6 N O 0 N .p .p /6z /D( FUND GROUP REVENUES AND EXPENDITURES /EXPENSES REPORTING ENTITY: COLLIER COUNTY TAX COLLECTOR ID NUMBER:69- 0500244 REPORTING FUND GROUP: REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Account No. Object Description 341.801 OCCUPATIONAL LIC FEES 341.803 HUNTING & FISHING LIC 341.810 MOTOR VEHICLE REG FEES 341.820 VESSEL REG. FEES 341.840 STATE COMMISSION 341.850 COUNTY COMMISSIONS 341.860 DISTRICT COMMISSIONS 341.880 DELINQUENT TAX COMM 361.100 INTEREST 364.100 DISPOSITION OF SURPLUS PROPERTY 369.100 RETURNED CHECK FEES 369.200 OTHER REVENUE - DEPARTMENTAL 369.900 OTHER REVENUE - MISCELLANEOUS TOTAL REVENUES AND OTHER CREDITS Duplicate this page if additional lines are needed. (CONTINUED) FORM DBF -AA -403 (Rev. 6/7/94) 1 Whole Dollars Only Amount 128,295 28,155 1,808,913 89,093 360 10,920,451 1,498,299 102,834 72,783 0 4,321 138,450 42,008 14,833,962 l4,.- /b( FUND GROUP REVENUES AND EXPENDITURES /EXPENSES REPORTING ENTITY: COLLIER COUNTY TAX COLLECTOR ID NUMBER:69- 0500244 REPORTING FUND GROUP: EXPENDITURES AND OTHER DEBITS (511 THROUGH 592) Account No. Object Description 513.10 PERSONAL SERVICES 513.30 OPERATING EXPENSES 513.60 CAPITAL OUTLAY TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM DBF -AA -403 (Rev. 6/7/94) E Whole Dollars Only Amount 5,988,275 1,442,577 329,488 7,760,340 rk c co3c o m. 3 o m� v o m m CO X x M (CD) COD x D - Q comp m x CDCD rt 3 3 m M v m m m CD cn C co O 61:) 69 P) 6q :q :-4 co cn Mcn W C4 N N PI — -4 v CO O W W W W CO CO 1 Ui W Cn 0 0 v c cn c w O cn 0 0 73 c9 cn 0 co N TI 0 m D X m m Z C m Y i ADZ l D 2. X � m o m m o o m =�� m m c Sv C'1 D �; m m O 3 ''" A m a1 rt ° cn G) rt n m 'y -i ° .. __ m0 = gogoS o Q°C T(D r �� 2. c FgO rrt N cn m m to m r 3 CD M m v " m N m z N p n m °m c° cn 0 u ��A�N CND co cn CD m �� ° u)(D N 3 _ s o CD Z � w o � n Z N 0 m CD CA P. w� r%) K) mM v, -� � m CA Cn (n Cn Cl 0 o Cn Cn " � -� -� P6 W O O O N N N cn cn cn cn cn cn cn cn cn cn m m m m m m m m m N G) ° n maiasaam n n n n 0 aimmm n n 0 0 0 rt ZD—I M � m =r mmmmm =r m =r m =r m m O c- a CL a:CL!. •.:a.M 00 00 m C7 -164 O � r- IO =1 n su FFFF a�mds,m 0 �msum 0 0 0 C- c C) r- Zrn O O O O O O 0 0 0 0 C7 N N N N N N N N N N 0 D 0 =r O' O' =r O' =r =r mm O' m m o m o m m m o Z Z Gl) T m UO 00 CTI W O .1 i X Z O � C -1 00 j N W -i o CD O O s O O -4 s -4 CA O L n -I -I W CA 00 L" O W O Ul of �I ,A O s O o V O W N CO '-I v + > m v ;a -Fj ?J °J� p m 4J i ] VJ > O w n O 17- S a Fiala — Halas Henning Coyle Coletta October 27, 2004 tty '�. e Ctt&0tZ C.F.C. COLLIER COUNTY TAX COLLECTOR Department of Financial Services Bureau of Accounting 200 East Gaines Street Tallahassee, Florida 32399 Dear Sir or Madam: Due to an error on my original submission, enclosed are corrected forms in compliance with sections 1603, 218.32, 218.36, Florida Statutes. The correction is necessary due to an error in calculating the compensated absences amount that was stated on the original report. 1. Constitutional Officers Financial Report for 2003 -2004 Form DBF -AA -405. 2. Combined Statement of Position Form DBF -AA -402 All fund types and Account Groups 3. Fund Group Form DBF -AA -403 Revenues and Expenditures /Expenses Copies of the corrected forms have been given to the independent auditors for consolidation purposes and to the Board of County Commissioners. Very truly yours, Guy L. rlton Tax C lector c: Hon. Donna Fiala, Chairman, Board of County Commi'' '§sioners Hon. Dwight Brock, Clerk of Courts Mr. Russell Baker, Schultz Chaipel & Co. L.L.P. ICS }1�3 COURTHOUSE -BLDG. 0-1 • NAPLES, FLORIDA 3.4112 -40 -7 • www.colliertax.com " r F ' z CD tz g co �o CD M CCD ON M 'y CD N CfQ N b O O O 0 O ao fD o a. a. a; a' CD 7 w � b i i i t iF it is iF iF iF ifs iF iF iF iF iF iF iF iF jt iF it iF it iF ;t iF iF iF 9E it M � Qy O� 6 ao-7, o 0° c 0 co R a' eft J tb O O 0 c� o � ry ►Ct� n w' O O O CD 0 M 0 C) H C") CD 0 O J6z /�)3 n b� [A � w 0 M n� O,�O C R � O M 'O`C k< 11 � co 0q C � O � o ti W CD C. O O CCD CD M. 0 0 M P� n z° I O C/2 0 r z °° O oil,l p� V1 01 N 0 0 w N a 0 .A 0 ow A �' N � !0 !'�_7-}�i r n tz ti d n b� [A � w 0 M n� O,�O C R � O M 'O`C k< 11 � co 0q C � O � o ti W CD C. O O CCD CD M. 0 0 M P� n z° I O C/2 0 r z °° O oil,l p� V1 01 N 0 0 w N a 0 .A ^ T � No a) AT g g c) 0 Z -a z c m 16Z IA3 -i D D m 0 5 5 0 w D j n (Dn o c o c a = -, � @ @ 0 °c x C m CO cn ca 3 C c� v 5 v --I cn fn cn <� —• N N tD 3 N < N @ n fD Q 0 D Z M CD cr CD rr D 5 rn '-� y Cr v- N 0 Z p can 0 m � ccn `D 3 co _ m o a � CD C o m Z m C. 0 CO C 3 = � m_ n CA Q. cD (n cn cp -\ 00 -� w m xCD -1 0 - U7 Cn - Ul - 4 - -1 w - w" -1 crux -1 � -% � J Q G) E�0 ° "a -4 �- w 00 ~ '0 N CD � --4 N � as C. C� ch o E� CL N --4 y c� CO m 0 X CD CL CD N 0 60 CL CD 0 CD 0 CD co M ° CD C 00 w 00 w 3 N � Oy CD O N o Cn CID O 110 C~D N D O c S z W vZ m v �CD m-i a-4 vc ym nz c'n z 'O 1 N OO` c z N m O m i v C co m X CD to 6 cn 0 0 N M, z O �� i rn �n z c W N v 0 a D 3 CD Q. CL CL CD tD OC r m v n m n rn N 0 CD -, cn D v 0 m @ SL = CL 0 m rn n r,. CD w 3 m 0 c m o 3_ CD m 0 cn � CD CL i 0 CD CD 0 CD CL SL cD 0 W 0 0 n (D CL n CD c' CD n (D N N )6:T /D3 O o o � o m a 0 D 3 CD CL tD OC r m n CD n m n rn N 0 -, D v _ m @ m D = 0 m m m o CD CD m cn � cD i m < _ cn N CD CD 3 fD 3 CD fu N X X w N o w o o � n ° X ►V X CD X CL cD 0 0 :-4 0.CD o3 4. W 'CD "M 0 CD W Im � o CL -o qCD c� 0 �-n w w na V N m N n 00 O Oo t. u m Cm0 W -4 -� (D CD Q N O m m 0 ❑'co = CD C) O 0 � �( CD w W co W O 3 cn N CD O O -P CD O w CM 4h. 00 o w 0 3 0 0 0 0 o (D C" rn- a r n C C z m vz v mN (A a D —q z v� Dm 0z C O -q0 Q � 1 z m O rn G - �r b v 0) CO O tJ1 O O 71 �g g k' 16Z/63 D O O< 0 Z m m o c c p Z o c A N N v rt a a C r' m 3 M a a , cv v � --I M W C z '0 ° v 0 c m mm CD �' v, _' m v - o 0 _ cn .p i cu m m m ;2 m Vii p X m a n C_ n m CD n m m a o m a O N O n 04o --4 X a cu o am o 3 ( �3 "A. CA) rn= Co coo o n� -o =a CL -� q �. cn 0 0 w =� co N , co o G CD CD 0 o CD 0) o CD �jCA) CD w o 3 �n m 3 o 0 N @ fV a c 0 0 3 m 0 Z I Az r 0 Z -C —z v a r c A n vE X Am Z n� 00 C -ZI 0 � --I C z '0 v c m co 0 0 N .p l,�-T 1b3 FUND GROUP REVENUES AND EXPENDITURES /EXPENSES REPORTING ENTITY: COLLIER COUNTY TAX COLLECTOR ID NUMBER:69- 0500244 REPORTING FUND GROUP: REVENUES AND OTHER CREDITS (311.000 THROUGH 390.000) Whole Dollars Only Account No. Object Description Amount 341.801 OCCUPATIONAL LIC FEES 128,295 341.803 HUNTING & FISHING LIC 28,155 341.810 MOTOR VEHICLE REG FEES 1,808,913 341.820 VESSEL REG. FEES 89,093 341.840 STATE COMMISSION 360 341.850 COUNTY COMMISSIONS 10,920,451 341.860 DISTRICT COMMISSIONS 1,498,299 341.880 DELINQUENT TAX COMM 102,834 361.100 INTEREST 72,783 364.100 DISPOSITION OF SURPLUS PROPERTY 0 369.100 RETURNED CHECK FEES 4,321 369.200 OTHER REVENUE - DEPARTMENTAL 138,450 369.900 OTHER REVENUE - MISCELLANEOUS 42,008 TOTAL REVENUES AND OTHER CREDITS 14,833,962 Duplicate this page if additional lines are needed. (CONTINUED) FORM DBF- AA-403 16-- /b-3 FUND GROUP REVENUES AND EXPENDITUREWEXPENSES REPORTING ENTITY: COLLIER COUNTY TAX COLLECTOR ID NUMBER:69- 0500244 REPORTING FUND GROUP: EXPENDITURES AND OTHER DEBITS (511 THROUGH 592) Account No. Object Description 513.10 PERSONAL SERVICES 513.30 OPERATING EXPENSES 513.60 CAPITAL OUTLAY TOTAL EXPENDITURES AND OTHER DEBITS Duplicate this page if additional lines are needed. FORM OBF -AA -403 (Rev. 6/7194) 2 Whole Dollars Only Amount 5,988,275 1,442,577 329,488 7,760,340 C v S. ;0> c o 3 o - CD o m m Cc X X m5CD(D CD cTn m �En_ cn0 � 3mm° CD N U) �E3 j- -n W v m m �p cn C m 0 tn 4.9 ---j v rn Oifl Cl N W N LI � W N CIl IN N (fl CD N P OD co 5 �.n U is D p ° m O v � -u z v m c m o z C M cn 0 co r -J Is D m `6 -7- / b 4-1 `r I -n�cnommm 0 ° � CXD CXD CXD m n CD 3 3 �J > Q.� °c D 3mfa°- x = ��-,mD == -, D m °� m csz 5' m0� r .� = m m m 3 o o o O ..« '5 ET L4 3 3 3 m� —3 z M K. . m 00 m m m 0 m -V m m CD m (D D m O n 30�=► m CD 3 ►33.3.'" °- c �'r- O l< Ocn 3 vcnm --q ;o m r� -, m 3°< m m ?' r 0(1) 0c�n3 30) �: 3 rt� � cA O O sv n r+ m m0� O m� �,�m m %_ < :v n � ,.. 3 m O -�i c c� o -� z w 0 r n Z N Om o i RI m N N N Ln CNlI N Clt W A W N N N --� CJl A W N MX D M 00 O 0 "Ma.a m m m W O° ""c 0 w m '" D-0 ID m en c c c �; 0 rt m 3 0 0 cv c I m N m cn �. .C7,*, .n l, _ ° 0 cn rr O . M 0 CA zD–DD{ � umi °' -* m 3' 0 �* m Cr 3 X C-'D m co CaD Z 0 m m m cn n�i fD cn cr O O .:00 0 C m 3-�3� = a L c N Co mr 0' m m 0' cn to m N :c m D ai � r+ m -1 a 2) -i O D z ami z cn 3 X w m 0 ° CD Q. m C2 0 - O , c�D CD m' n .-r CD Q Ts O +>M-4m s N N N W Ln OD C pA Z A vt CA to al to CF) 0o O W N Z Cn M N O O in W W w s C70 -C W Cl CA tb A w L" P .P N N P • O CA too W V CJt V V -� CO e 0 �c z°G� --i 0 b > A �n `r I ;a>00 CD c �. 0 0 o m m m ?CD(D x C cn cn ID 3 m m m -T, _w0b N CD 3 N m 0 rn W v CD iD cD cn c m CD O Efl ffl Efl {Co O O CD O .a 0 v T c cn cn CD o' Cn cn 0 0 m m D m m m z c m m o � D m /6-7 lb z1 cn 0 o oa �` O m co o o cD =' 0" n r o m (CL �? r 13 COD CD N Cn = '' m o 9, 0 M vi 'i � `< O rD- Cl) m S� CD -v � CD GZ) t- _ �c(D = a;-��, <�'m m err in CD v► o 0 r.> DN CD M a �- m nA CD co 3 m �.z rn y —ri Cl) = 0 � m 0 m c � CND M cD (n � Cr 0 `D z W 0 r 0 Z 0 N o m 01 n W N(A -P- 4:h- O WP N L" W M m a4.1 0 M 00 o c c c c c 0 to CD 7 C �` C =) 2) C C C COD G) •°h N to 00 m U) 0 0 w 0 to 0 U z m D CD = s• 0 c _ CD 0 c°n A c N CD N Cr yG m n CL m � v0 .� CD 0 CD rt 0 h3 y o ° 3 CD � �m m CD CD N m �O CD m -* a -p+ D 0 0 -S to C O z z cn n — — N CD _. 3 CD m M rt CD O. N �O + >m=om on 0 p ID C .p Q) W 1� W Z Cn Cml9 co P W r-4 -4 (A W M W 4 V i A N ic) Cb N -4C) CD C�1 +>m 'u:u Op O;uc m z D O N A m -1 Vn X > 0 0 cD 3 c M. 3 0 -(2. 0 o m m CO -* m CCD, m X F y in m D Cn (n � 3 CD CD CD m ::I m m x m n rn �� o CD Ccn (D cD a C CD fnt69 -En 0 0 0 -o 0 cn C N O cn CD 0 0 CP cn 0 00 x 0 n -n D r 0 m D m z m m r-:) d /�, -7- /b tl cn O o O a) o -D -U ' -W O =r ° m p m O c m m m c? CC o° rte► v at .� v rt G) m C�1 `� m m n to m c? m N p .. D r D a o= ° Qo cn m Sp CD Q° Z O r ° O n c O < m ?� Oo -a m c 9 a� 90 CD z K m r' m a m c m x m r in y () CL m umi CL n rn NN rn n� ��`< ° Nom m CD N m rn cn cn m a "6 ;u m O O m Z W O r Z O m N o 0 A 0 M en a) CD m m A A A M 0 0 A A tA)t A t00D -+ W CO ^J A W N -- 0 CA A 1A cn t" cn 'n X rz oaoXW c Q o o a m o m ° O m m m _ G7 N G' N `G O O CL cD CD a, ° 3 o m' _• a 0 o_ a CD 3> X c co N CL a- m CD 3 a m CD -� m m W m z n v 0. _ -- O m m K U) N i r. '. O � o� c o ° rn r- �Q� < � z _n =r U) m O O Z Z * O CL CD cn m = Q m m -t n O 0 CD m 3 n1 K CL m O- .m+ CAD r0, 'a O Q O 0 I< D O m +n�m 0O m OT p A -4 j A K) j N N c o N C '. Z Z cn C co i,n co w to rn o Cn rn 401. o CD Cn O Cif w 0-X O Ul A 0 0 V O 0 N O) W A W G C C \i N> D m O =j + ;a O p O z A N p �- y O r m ;o .6 v � A H V (^ :UDC�O CD 3 c s. 3o��. 1 N 50 MM x mEr CD COD x v, v, v, m cn ( 3 m mm -T, D w w 0 CD Q � (D M CD -Ti v CD cn (n m cn CD � �en O O N W W (D N N Un (D ff) (D (D (D O (D W D p a m .D o D v � m T z 0 s 0 w WX z C m u I NO P16 0 O o 0000 O 'a m m m D - p � � p m a►' M 2 m r 0 90 z -< C) M n 1, r- a O Lu. m m CD m � (D m z 3 ca C (j) m ° (A cn o o V) n 0 'a o 3 a o m z w Co r n Z m N Co m M Co t ' cn o m �-,a -*cn �'o o _ n 0 C L n. C1 <'� N O •+ yam C CD < = c -� (D C v �_- mCD0 SM Cn<o O m C�. O CD A O ci s CD w CD 0 2) cn O (D m n N to CD e -Ni. f�D N W Q CCD Z O ° o w -* ° c — O `c CA r m r D � + S o c cn -1 o p z m °< CD U 5i 401- m o< =0 -i D� O� * N" y 0 Z z -1 -r° r- CD °P m m p :3 o = CD -h O m X ro'CD 0 vCD N w Q.< o o° o X o S�1 + D mN� -a m �-4 Z v'� cr) --4 10 o � + D m N � 'o 00 ox c N z N D �• N A' b 1 V () CD 3c O -� °-' C w o Mm 0 x 0 cn cn 3 CD M y cn CD CD (D X 73 3 m m m En -n CD (n C: CD O 0 0 0 D 0 v cn CD 0 0 0 D m v D m z --4 O n ml • ILa /by °� W o 0 c v m v 00 n h �. D- r 0 c cr m 0 O 0 X 0 M y o cn D r o o N _ c z r G7 n c 0 M = 3 ? rn m `� r a- o N - c" r r Z c .�°'. m m co m Imo D _ U) 0 `.x m (n cn rn Cn � CD � m 3 CD cn o C m 0 z `�° CD "" W r n m O o M m CD p W N j cn ,A cn N cn j v w 2700 V) T c i/1 T c CD c 'O c m D o CD c = o �' � _ Q U' c 0 I m VI w N c CL N CD O con n P ,� : rr T 3 I.P. o c nD CD N 0 wl CD 9 X < ., ' CL O ;c- CD N tr N m rn O Z 0 Q � CL r rn0 o c cn o� °P z m � obi CD N � CD � n � O y m "1 0 0 2) cOp o z z Cl) a o X o o c X =r o cD CD O 0 U) o ... O CL N O �D N O Df + E cn m :; m 4 N 0 O O z 0 rn M s N N N rP .. Z N cn G Cl al N W N 00 -4 O O T S CIl P CO + a m g m x O 0 ,Z7 p x c y O Z U) O a Y Cl 7u > 00 CD 3 3 0 c2 n O— X X M5 CD n � 3CD CD m �aCDNX CD CD (n CCDD (D! r N a)WCD C O �&% lcn Gq 0 0 0 D 0 C N Z 0 o z C m o 4 m 0 Q n > W Oo X O 00 O 000 � _i rn 0.aO (a m cmn r rr r mm m mD o N -n X u m D m e �. O = 0 rmn m m N �' 3 ci Z D z ° O D r c m r D m r r c c -1 (D D r c ma m n m r mc X CA - z 0 m <_ -DC X (D c z m a, cn m N °z CD w � r 0 z O rn N o m rn 0 A UAi (An cAn v W; ., W z y m c m N CD W I CD i G°1 m _ � A � I v= n s o :3 m 0 = m B -� 'S w Com z ((D in ((D v, N r D °' w c o ° m r z m r = CL ,) -n A --q C7 � n O CL -0+, -+ O Z z cn C1 A 'T1 Ul W m i a o + A 3 CO m -i m � N A N W O Z C V A Z W w O N O W -4 r -1 -D, ? 4- O w O - V 0. a o v + D m N O O O O 'A z N D O p `' N P In l� Z /b S CoWify of Collier CLERK OF THE CIRCUIT COURT DwiDwight E. Brock COLLIER COUNTY COURTI�OL g 3301 TAMIAMI TkAIL EAI$T Clerk of Courts P.O. BOX 4i�044 NAPLES, FLORIDA',34101 -30�} Fiala r i Halas Henning Coyle Coletta October 27, 2004 The Honorable Donna Fiala, Chairperson Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioner Fiala: Clerk of Courts Accountant Auditor Custodian of County Funds Pursuant to Section 218.36, Florida Statutes, I hereby submit to you $14,080,750 as the unexpended balance of the Clerk of the Circuit Court's general fund for FY 2003 -2004. The following unexpended portion is the culmination of the efforts of the Clerk's staff at efficiently dispensing the duties of the Clerk of the Circuit Court for the aforementioned fiscal year. On the morning of October 29, 2004 $3,519,462 will be conveyed by wire transfer into the operating account of the Collier County Board of County Commissioners. This does not include $10,561,288 which was previously disbursed to the Board's General Fund. Each of the individuals working on the Clerk's staff has endeavored to minimize the impact of this office on the taxpayers of Collier County while providing them with the highest quality service possible. I wish to thank each of these individuals who have worked so hard in making the Clerk's office efficient and effective. If you should have any questions or need additional information, please feel free to contact me at (239) 732 -2745 or Jim Mitchell, Director of Finance and Accounting, at (239) 774 -8404. Respectfully, Dwi6t E. Brock, Clerk of the Circuit Court DEB /j lm -- Cc: James V. Mudd, County Manager Phone - (239) 732 -264-6 Fax - (239) 775 -2755 e site: www.c er .co ier. .us mai : co rerc er c er .co ier._u lei_(bs derksannual report. As Collier County, Florida Florida Statutes 218.36 Reporting Clerk of the Circuit Court As of September 30, 2004 Revenues: Account Code Detail Description Specific Category General Category Amount 341100 Recording Fees General Government Charges for Services $ 3,969,262 341200 Internal Service Fees and Charges General Government Charges for Services 146,326 341900 Other General Government Charges and Fees General Government Charges for Services 1,863,490 348120 Service Charges County Court Criminal Court Related Revenues 311,419 348130 Court Costs County Court Criminal Court Related Revenues 16,075 348210 Filing Fees Circuit Court Criminal Court Related Revenues 115,810 348220 Service Charges Circuit Court Criminal Court Related Revenues 78,955 348310 Filing Fees County Court Civil Court Related Revenues 151,844 348320 Service Charges County Court Civil Court Related Revenues 59,270 348410 Filing Fees Circuit Court Civil Court Related Revenues 131,396 348420 Service Charges Circuit Court Civil Court Related Revenues 311,862 348480 Child Support Circuit Court Civil Court Related Revenues 256,024 348520 Service Charges Traffic Court (Criminal and Civil) Court Related Revenues 213,909 348610 Filing Fees Juvenile Court Related Revenues 62,880 348620 Service Charges Juvenile Court Related Revenues 17,462 348710 Filing Fees Probate Court Related Revenues 69,199 348720 Service Charges Probate Court Related Revenues 52,084 351000 Judgments and Fines Fines Fines and Forfeitures 13,060 361100 Interest Interest and Other Earnings Interest and Other Earnings 156,441 369300 Settlements Miscellaneous Miscellaneous 250 369900 Other Miscellaneous Revenues Miscellaneous Miscellaneous 4,491 386100 Board of County Commissioners Constitutional Officers Other Sources - Transfers 8,584,900 386200 Clerk of Circuit Court Constitutional Officers Other Sources - Transfers 361,791 389100 Interest - Proprietary Proprietary Non - Operating Other Sources 10,561,288 $ 27,509,488 Total l(V _T /ns clerksannualreport.As Collier CoLfhty, riorida Florida Statutes 218.36 Reporting Clerk of the Circuit Court As of September 30, 2004 Expenditures: 513 Financial and Administrative General Government Personal Services $ 2,851,643 437,974 513 Financial and Administrative General Government Operating Expenses 122,106 513 Financial and Administrative General Government Capital Expenses 1,861,111 519 Other General Government General Government Personal Services 458,007 519 Other General Government General Government Operating Expenses 103,303 519 Other General Government General Government Capital Expenses 10,561,288 590 Other Non - Operating Disbursements Other Uses General Administration Personal Services 865,785 604 604 Clerk of Court Administration Clerk of Court Administration General Administration Operating Expenses 267,249 604 Clerk of Court Administration General Administration Capital Expenses 5,785 57,273 608 Jury Management General Administration Personal Services 16,373 608 Jury Management General Administration Operating Expenses 658,410 614 Clerk of Court Circuit Court - Criminal Personal Services 614 Clerk of Court Circuit Court - Criminal Operating Expenses 40,220 614 Clerk of Court Circuit Court - Criminal Capital Expenses 12,987 634 Clerk of Court Circuit Court - Civil Personal Services 538,778 634 Clerk of Court Circuit Court - Civil Operating Expenses 30,392 634 Clerk of Court Circuit Court - Civil Capital Expenses 9,805 654 Clerk of Court Circuit Court - Family Personal Services 279,412 654 Clerk of Court Circuit Court - Family Operating Expenses 15,762 654 Clerk of Court Circuit Court - Family Capital Expenses 5,085 674 Clerk of Court Circuit Court - Juvenile Personal Services 143,127 674 Clerk of Court Circuit Court - Juvenile Operating Expenses 10,864 694 Clerk of Court Circuit Court - Probate Personal Services 227,875 694 Clerk of Court Circuit Court - Probate Operating Expenses 11,161 713 Information Systems General Operations (Court Costs) Personal Services 1,199,487 713 Information Systems General Operations (Court Costs) Operating Expenses 372,438 713 Information Systems General Operations (Court Costs) Capital Expenses 233,218 719 Other Operating Court Costs General Operations (Court Costs) Personal Services 33,532 719 Other Operating Court Costs General Operations (Court Costs) Operating Expenses 2,090 724 Clerk of Court County Court - Criminal Personal Services 1,007,299 724 Clerk of Court County Court - Criminal Operating Expenses 59,181 724 Clerk of Court County Court - Criminal Capital Expenses 11,632 744 Clerk of Court County Court - Civil Personal Services 601,889 744 Clerk of Court County Court - Civil Operating Expenses 39,828 744 Clerk of Court County Court - Civil Capital Expenses 8,496 764 Clerk of Court County Court - Traffic Personal Services 780,485 764 Clerk of Court County Court - Traffic Operating Expenses 43,531 764 Clerk of Court County Court - Traffic Capital Expenses 5,145 $ 23,990,026 July 1, 2004 TRA SCRIPT OF THE MEETING OF THE CARIBBEAN Fiala RDENS BLUE RIBBON COMMITTEE. Halas HenNng �-- Naples, Florida, July 1, 2004 Coyle Coletta ---- - -�-�.° --. LET IT BE REMEMBERED, that the Collier County Caribbean Gardens Blue Ribbon Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION at the Collier County Government Complex, 3301 E. Tamiami Trail, Building H, Room 216, in Naples, FL with the following people present: ALSO PRESENT: Robert W. McDonall Henry W. Rambacher Virginia B. Corchran Brad Cornell Doug Finlay Carolyn Griffin Robert Griffis Virginia Griffis Nancy Payton Nancy Jane Tetzlaff Tim Tetzlaff Betty McKenzie COMMITTEE MEMBERS: Marla Ramsey Chuck Carrington Alexandra Sulecki Fred Reischl Heidi Ashton David Tetzlaff Kathy Prosser,/ Clarence Tears Robert E. Lee Penny Taylor/ r J Winona Stone Amanda O. Townsend David Morgan Lisa Vinciguerra Marc VanDam Ted Hudgins (zoo rep) Michelle Garcia Cathy Orban Fred Coyle Scott Cameron Diane R. Flagg Tim Wetzel Ben Mauch 1 16,7 / b6 July 1, 2004 Call to Order: Meeting was called to order by Marla Ramsey II. Roll Call: Members of the committee were introduced as well as prominent community members in the audience. III. Additions or Deletions: N/A IV. Approval of Agenda: Marla noted that the meeting would consider two main issues: land use and funding options. She noted that maps had been provided and that the meeting would have an open agenda. V. Approval of Minutes: N/A VI. Notices: N/A VII. New Business: This is included under "discussion." VIII. Old Business: N/A IX. Discussion: Marla Ramsey: Introduced the first topic: land use Fred Reischl: He explained that the zoning of the parcels varies, including commercial, residential, and agricultural zones. A significant portion of the parcels is in an activity center that allows rezoning to commercial status. Another portion, running along the Gordon River has a "special treatment overlay." The parcels constitute "a little pocket of Collier County surrounded by the City of Naples," which explains the cooperation of the city and county. Parcel #1 includes Caribbean Gardens surrounded by other land. The committee will consider all of the parcels, not just the Caribbean Gardens portion. Chuck Carrington: An estimate of value has been ordered, and is exected to be approximately $30 million. The information will be available the 3"r week of July. 3 /6a / D6 July 1, 2004 Scott Cameron: He clarified that the boundaries of the parcels includes a triangular area near Bear's Paw. Henry Rambacher: He asked if a representative of the Fleischman was present. Mr. Cameron replied that he served in that capacity "by default." An intern from the Passidomo law firm was also present. Penny Taylor: Claimed the experience of the Naples City Council had a positive experience in dealing with the Fleischmann family in the sale of the Naples Preserve. She believes they will live up to their word in the present negotiations as well. Scott Cameron: Clarified the Fleischman family has an affinity for Collier County. He believes they will put the property up for sale when the results of the land study are available. He emphasized they were cooperative in negotiations with the county concerning the sale of property north of Golden Gate Parkway. He noted, however, that "this is business," and no decisions have been made. He emphasized they have no interest in "parceling out" the land. Kathy Prosser: Noted the family was cooperative in discussions with the Conservancy regarding green space. Marla Ramsey: The committee will consider many options including various funding sources and the needs of seniors. The committee will seek to create an appealing proposal for the citizens. Fred Coyle: Emphasized the Sunshine law requires fully public process. Argued that the committee should seek all possibilities up to and including public funding. Fred Reischl: He stated that rezoning is customarily rezoned only at the request of the landowner. Heidi Ashton: Asked about parcels owned by other people and was told that one parcel was owned by Mr. Stoneburner and one by Mr. Hodges. Kathy Prosser: Showed map and described a "once in a lifetime opportunity" to create Naples Central Park, including The Conservancy, Caribbean Gardens, and other venues such as a children's museum. Ted Hudgins: Has studied the finances of the zoo and has experience with bond issues. He believes the zoo could be run at sufficient profit so that its projected revenue could be pledged as a special non —ad- valorum assessment to help defray the cost of the bond. He concurred that concessions from Naples Central Park could also help to defray the costs. Marla Ramsey: Said the County has had success in seeking grants through Florida Community Trust. She has also spoken with the Trust for Public Lands about a possible grant similar to what was negotiated for Cypress Gardens. Lesser amounts may be available through sources such as the Florida Department of Environmental Protection. Kathy Prosser: Said the Fleischman family did not reject the possibility of making a donation. 4 July 1, 2004 Marla Ramsey: Said Conservation Collier money may be available as well. Kathy Prosser: Said Florida Community Trust is more receptive of grant proposals with matching funds. This proposal would have that through Conservation Collier as well as the referendum. Bob Lee: Said community partnerships increase the likelihood of grant approval. Penny Taylor: The City of Naples would be likely to cooperate. Heidi Ashton: Said Tourist Development Tax funding statutes do allow for funding for a zoological park. David Tetzlaff: Claimed the Tetzlaff family is not seeking a "free ride." The zoo includes 143.3 acres of habitat. Naples Central Park, he said, "is the cake... Caribbean Gardens is the cherry." Caribbean Gardens leases its land from the Fleischman family, ad is willing to lease from the county. Most zoos are on public lands. Many zoos are provided with significant public funding. Caribbean Gardens is unusual in that it has survived competition from Orlando, and is in sound financial condition. Tetzlaff family is willing to convert the zoo into a public, not - for - profit corporation. They have investigated the possibility of forming a political action committee. David Morgan: He asked whether the zoo could survive in its current state if a private developer purchased the land. Penny Taylor: She noted that the Fleischman family gave preference to the City of Naples in negotiating the sale of Naples Preserve. The referendum passed with 70% of the votes. Fred Coyle: Said the family actually got involved in the rezoning process. Scott Cameron: He complimented the Tetzlaff s stewardship of the property. He asked if funding sources serve to reduce the millage or to shorten the term. Bob Lee: Noted that will depend on the interest rates at the time and what is most cost effective. Kathy Prosser: Said a clear marketing strategy is important. Marla Ramsey: She asked about opinions concerning the possibility of splitting off some of the area for commercial use. Kathy Prosser: The ideal situation is for the entire parcel to be preserved as well as land along the Gordon River reaching all the way to Tin City. The Southwest Florida land Preservation Trust has been working to acquire some of this land for many years. The ultimate vision, she said is for trail and bike paths through that entire area. Clarence Tears: Said storm water issues must be addressed before any discussion re: divesting of parcels. /6Z /b' July 1, 2004 Fred Coyle: Repeated a suggestion made by Diann Flagg to ask the voters to increase the funding for Conservation Collier in order to purchase the property. He suggested such a "supplement" might be easier to sell to the voters. He also suggested Big Cypress Basin and the possibility of a private public partnership as possible sources of funding. Penny Taylor: She suggested that "naming" could be used to attract private partners. Kathy Prosser: Conservation Collier is not a viable partner, since the land on which the zoo sits has already been developed. They could consider purchasing undeveloped parcels. Heidi Ashton: Noted it is too late to change the wording of the referendum. David Morgan: He asked if developer purchased property whether county would be likely to transfer zoning rights off the Caribbean Gardens parcel to other parcels. Heidi Ashton: Said the county would probably be prohibited from entering into such and arrangement. Fred Reischl: If the entire parcel rezoned into PUD, then to calculate density, they would subtract commercial parcels, however the Growth Management Plan does allow one to keep public use parcels within the density calculations for growth. David Tetzlaff In response to a question noted that some zoos offer discounts for local residents, and Caribbean Gardens has done so in the past. Kathy Prosser: Said the Conservancy is sound, and would not benefit directly from the referendum. Mark VanDam: Need a strategy to earn the support of new taxpayers. Kathy Prosser: This would be the "next piece" to fit in with the Botanical Gardens and the Naples Philharmonic. Brad Cornell: He asked for actual language of the resolution, and was told it was published in the newspaper. David Morgan: Noted the referendum has received a great deal of attention from the media, and that based on the letters to the editor, it would likely pass. He noted that he has been approached by two different individuals who expressed an interest in purchasing the property and saving portions for the zoo and for environmental interests. They proposed taking whatever was left to build assisted living for seniors and upper income housing along the river. Marla Ramsey: Noted this could be an alternative if everything else fails. 10 16.� /b (1=1 July 1, 2004 Fred Coyle: Said that the vote cannot be taken for granted, and the committee must consider all alternatives. Scott Cameron: He said that this needs to be packaged as a serious business transaction with funding sources clearly identified. Alexandra Sulecki: Conservation Collier requires a willing seller and a specific process. David Tezlaff: Said he is concerned the language of the referendum uses the name Caribbean Gardens and citizens must know that it is for much more than the zoo. Clarence Tears: He noted that he works with the county and city on the issue of storm water retention, and that this requires a lot of land because it takes on site retention. If they could get this so that the water is filtered before, it hits the bay that would be extremely beneficial. This would require 52 -55 acres for a natural lake retention system with filtering marshes. Penny Taylor: The sooner the city and county agree publicly, the easier it will be to get public support and to sell the idea to the Fleischman family. Scot Cameron: The Fleischman's are waiting for a call to hear what happens in this meeting. The first interested party at the table after they have a valuation will have an advantage. Marla Ramsey: Noted that public relations need to be addressed immediately and added to the agenda for the next meeting. She also asked if Clarence Tears could clarify water quality needs for the next meeting. Also, she will meet with someone who will help to plan a layout for the parcels. She encouraged others to bring their ideas as well. She hoped the committee could provide potential alternatives to the media. She noted that potential sources of funding include: • public /private partnerships • Florida Community Trust • Conservation Collier • Big Cypress • ISTEA Clarence Tears: Could tie the proposal in with state grant regarding storm water run off. Penny Taylor: Said the county commission may be barred by disposition and law from advocating the referendum. Kathy Prosser: Argued that the citizens ten to be more trusting of citizens groups. Doug Finley: He asked about creating a picture of a master plan to publish in the paper. Marla Ramsey: Agenda for next meeting to include: • Advertising • Referendum • Sight plan • Funding sources • Private /public partnerships Scott Cameron: Said there are only four months and one cannot underestimate opposition. 7 /6.Z /D July 1, 2004 Kathy Prosser: Said that the Conservation Collier experience verifies this will be an uphill battle. Bob Lee: He proposed meeting next Thursday at the same time. Marla Ramsey: Said she will attempt to schedule the meeting for the boardroom of the county commission. David Morgan: Asked if the county has an upper price limit already set. Marla Ramsey: She noted that the county is flexible. Clarence Tears: He noted that with public /private partnership the county could pay significantly more. Scott Cameron: Noted FL statute # 125055 says anytime a government agency makes a purchase in excess of half a million dollars, it requires two appraisals. If, after reconciliation of the appraisals the price is higher than the average, it requires a super- majority vote of the county commissioners. Winona Stone: Said the boardroom is reserved for next Thursday. Cameron Smith: She noted that UPN is willing to provide advertisements at a reduced cost. Other possibilities include: City channel Government channels Radio station PSA's Winona Stone: She inquired about the need for a subcommittee chair, and was told that topic will be addressed at the next meeting. X. Announcements: Marla Ramsey: Said the committee will meet again next Thursday at the same time in the county commission chambers. XI. Adjourn: There being no further business for the good of the County, the meeting was adjourned by order of the Chair at approximately 4:30 PM. Collier County Caribbean Gardens Blue Ribbon Committee Chairman July 8, 2004 TRANSCRIPT OF THE MEETING OF THE CARIBBEAN GARDENS BLUE RIBBON COMMITTEE Naples, Florida, July 8, 2004 LET IT BE REMEMBERED, that the Collier County Caribbean Gardens Blue Ribbon Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION at the Collier County Government Complex, 3301 E. Tamiami Trail, in the board room of the Collier County Commissioners, in Naples, FL with the following people present: Committee Members: David Tetzlaff, Caribbean Gardens Clarence Tears, South Florida Water Management District Marla Ramsey, Interim Public Services Administrator, Collier County Penny Taylor, Naples City Council Kathy Prosser, The Conservancy of Southwest Florida Fred Reischl, Collier County Zoning and Land Development Chuck Carrington, Real Estate Services, Collier County Also Present: Michael Pettit, Assistant County Attorney Brad Cornell, The Audubon Society Doug Finlay Nancy Jane Tetzlaff, Caribbean Gardens David Morgan Lisa Vinciguerra, Hilton Hotel Marc VanDam Ted Hudgins, Caribbean Gardens Lynn Hickson- Hawley Chuck Finley Bill Lorenz, Director of Collier County Natural Resources Department Joe Delate, Collier County Parks and Recreation Wayne Agnoli Amanda Townsend David Pettit, Collier County attorney 1(:::,a / n/L11 July 8, 2004 I. Call to Order: Meeting was called to order by Marla Ramsey II. Roll Call: Members of the committee identified themselves when they spoke III. Additions or Deletions: N/A IV. Approval of Agenda: They distributed an agenda, a chart listing grant opportunities, a copy of the referendum language, and three different maps of the property. The agenda included: 1) advertise for referendum (establish subcommittee), 2) site plan (Charette), and 3), list funding (private /public sector, grants, and Big Cypress). V. Approval of Minutes: N/A VI. Notices: N/A VII. New Business: Marla Ramsey noted that since the meeting would be televised, speakers from the audience would need to step up the microphone and identify themselves. The balance of new business is included in the discussion section. VIII. Old Business: N/A IX. Discussion: Marla Ramsey: Introduced the first topic, and explained they would need volunteers for a subcommittee to consider promoting the ballot initiative. Penny Taylor: Asked about the inclusion of the third whereas clause. She said it might give the impression that people should be voting up or down on the initiative based on how they feel about the zoo rather than how they feel about saving the entire parcel. Michael Pettit : Explained that the board had already approved it at the meeting on June 22, and that the language needed to be approved by July 15. The board would not meet again until July 27. It is unlikely the language can be changed. Kathy Prosser: Asked whether the referendum language gives the impression that the initiative concerns saving the zoo or about saving a much larger parcel of land. Marla Ramsey: Pointed out the phrase, "together with the purchase of adjoining land" toward the end of the resolution . Kathy Prosser: Was concerned that the "average person" might believe "this was to purchase the zoo" and might not understand the significance of "ancillary lands." She believes the inclusion of the surrounding land makes a more compelling argument, but she was unsure there is a way to make any changes now, "that the language is locked. ". 3 %6 ZZ L6 July 8, 2004 Penny Taylor: Supported this concern and said, "it would be easy for the nay sayers to come and say why are we spending 40 million on the zoo." She said the ballot language is what the voters will be reading and that is not much better than the language of the resolution. It reads, "acquisition of certain lands including the land currently used as Caribbean Gardens." She noted the David Tetzloff had expressed a similar concern at the last meeting and that they wanted the public to know that they would be "paying their way." Marla Ramsey: Said that these are all justifications for the creation of a subcommittee. "everyone will read ballot language differently, and we want them to read it the way it was intended." She stressed that a leaflet or marketing strategy would aid the voter in making a decision. Chuck Carrington: Noted that at the last meeting there had been discussion concerning the possibility that since the voters had recently been "hit with the other referendum for Conservation Collier." He suggested that is why there might be more emphasis on Caribbean Gardens. Kathy Prosser: Said she is aware Marla Ramsey wants to form a subcommittee and she would be happy to serve on it to try to figure out the issue. Marla Ramsey: Asked that anyone in the audience who wished to serve on the committee step to the microphone and identify themselves. Brad Cornell: Seconded Chuck Carrington's.opinion regarding public perception as it related to the 2002 referendum. "While it is has not been approved for the next cycle — It's not on an acquisition list yet," he thinks that there is a good chance the conservation lands could end up on a conservation list for Conservation Collier. He felt that would be an appropriate place for them, and could be an appropriate option for at least part of the funding for the purchase of that land. He thinks the focus on Caribbean Gardens in the ballot language is good since it is, "a very honest portrayal of what's motivating this discussion, and I think it is up to us to make the picture bigger and say there are other pieces to this puzzle. There is other money that's going to be brought to this table, and Our desire is to have the zoo... to have the conservation lands purchased for conservation purposes as a sort of mosaic of community interests and values... This particular referendum might cast a black cloud over Conservation Collier if it is viewed as double dipping on the voters' benevolence." He is willing to serve on the committee. David Morgan: Said he is wiling to serve on the marketing committee. He agrees with Nancy Jane Tetzlaff, "that if your going to market `save the zoo' and you put a 40million dollar price tag on it, that's $800,000 per acre and they're going to say you're overpaying for it. If you market it as a Naples Central Park where you use it for all kinds of environmental reasons and quality of life, peace of mind type reasons, all of a sudden 150 or 157 ...acres doesn't seem like such that much money, so I think it's very misleading." He said he is a `huge fan of the zoo, but what are you going to do with the other hundred acres, but `what are you going to do with the other hundred acres,' is the comments I'm getting back from everybody. `It's great you are saving the zoo, let's just earmark $25 million for that . What is the ...strategic plan that we come up with as a committee to say to the citizens `not only is this the zoo, for those that do not attend the zoo, or aren't animal friendly... What do we do as far as an amphitheater or environmental studies ... 4 /�.7 /b� July 8, 2004 the quality of the water in Naples Bay? You can't hide it behind `save the zoo'. Let's bring it all out, all the plusses. It's a separate business transaction... market it as such." Doug Finley: Agrees with David Morgan and believes there is a need for a master plan, "to show this entire 157 acres with Caribbean Gardens included... retention pond... parkway... trail areas ... and things like that. Labeling things as tortoise habitat He said it's important that the newspaper and other media cover it and show the pictures so that people can see the entire master plan. "Caribbean Gardens is certainly the inspiration for the whole movement, and it's probably the heart of the whole plan, but it certainly isn't everything... They really need to understand, we are really preserving a beautiful area of the Gordon River for kayaking and ...they just need to see the whole picture... there is not a lot of time to get that out, but I'm sure it can be done." Lisa Vinciguerra: She is with the Hilton, Naples and Towers, and agrees that, "we need to get the word out that it's the whole picture. It's not just Caribbean Gardens. Being in the hotel industry with tourism, we need more green space. Naples is lacking on green space. I also agree from last week's comment that if we don't do it now, we're going to lose it." She volunteered for the committee. Ted Hudgins: "On behalf of the zoo. I'd like to see some language in the ballot that makes it quite clear to the average person reading it that it's solely for charitable and conservation purposes and there would be no... `private inurement' to any individual and that this money would be solely held for just those purposes just to make it absolutely clear that the Tetzlaff family is retaining no control over it —that the entity will operate exclusively for charitable purposes. Kathy Prosser: Noted that as Marla Ramsey had said earlier, "There is really not an opportunity now to go and change the ballot language, so these good comments are going to have to be addressed by the subcommittee who markets this to the public." Ted Hudgins: Agreed to serve on the committee. Marla Ramsey: Asked if David Morgan was also agreeing to serve on the committee. He confirmed his interest. Lynn Hickson - Hawley: Agreed, "it should be made crystal clear exactly what it's for and what the intentions are." She wanted to know, "since the time has passed to really change the verbiage if the county commission might consider attaching a drawing beneath the ballot." Kathy Prosser: "I don't think they can do that on the ballot, however, I do think ..." Lynn Hickson - Hawley: "I just wanted to if there would be some way perhaps they could approve that as an addendum to the ballot as a clarification." Kathy Prosser: "There might be a way... of posting actual visuals that people can refer to... maybe." David Tetzlaff. "We appreciate the fact that the subcommittee is being formed, but we are also in the infant stages of putting a PAC together... We already have a consultant and we have somebody involved in the branding of this package, and now we are seeking a public face to put on the program. This... cannot be me... should not be Kathy Prosser it should be somebody in the community who has an interest in preserving this 150 acres 5 / �, z /b 7 July 8, 2004 and would be willing to step up and be the cornerstone and face in the community for this package... Also a treasurer would be needed for this PAC ... and something that everyone has to remember is that Conservation Collier did take a couple tries to get through. We've got one try here. That's it. It's going to happen or not happen come November, and that's what either the community and anyone serving on either the county subcommittee or the PAC we are forming has to remember. It's going to happen fast." Marla Ramsey: Said that if they were done with the subcommittee portion, they should move on to the next issue: the site plan. She asked for the site plan to be projected on the screen. When it was up, she noted that they had, "added that little triangular point to the site so there are now thirteen different parcels throughout this segment, and I think now the acreage is up to 152.48 acres... Of that... 52 acres is the zoo ?" She asked David Tetzlaff for confirmation. David Tetzlaff. "I believe that area one is 45 acres." Marla Ramsey: She asked Fred Reischl to discuss the handout concerning zoning prior to moving into a full discussion of the site plan. Fred Reischl: "I just put together some rough drawings... Clarence Tears asked if we could see `what's what' on the site... I worked off last weeks outline, so I don't have that triangular parcel over here... This one is what the existing zoning maximized with full development potential would look like. Here's Golden Gate Parkway. Here's Goodlette Road... Gordon River in blue. Along the west side is the existing commercial property and I put some buildings on there in black. The red buildings are on residentially zoned parcels... and green row crops for agricultural area. We haven't `ground truthed' this. It's very general, but this area I believe has a lot of wetland in it. I left that as undeveloped... The main portion of Caribbean Gardens is zoned agricultural, however, there is the provisional use... or conditional use for the Gardens and zoo, so I left that as a zoo since I think that would be a bigger revenue generator than crops or cattle. That's existing zoning... If it was done as a PUD... and general acreage — again I used outline of existing parcels, but if it was a PUD, I put together green as the preserve area of the PUD which is fairly large and grey... as the area that's within the activity center ...Some of it today is zoned commercial and some of it, because it's within the activity center could be rezoned to commercial. So, you'll see here the approximate acreage in size could be a commercial portion of that PUD, and then in yellow that area which would be residential. And the last one I took the existing Caribbean Gardens parcel and ... everything else in green. Another extreme would be everything besides Caribbean Gardens would be preserve. That way you can get an approximation of the gardens to the rest of the parcel." Penny Taylor: She asked if the green preserve area on the final slide is now accessible to the public. Fred Reischl: Said it is private property, so he did not think so. Penny Taylor: "Which is such an incredible thing to open up for the public, FOR Collier County — that kind of land." Clarence Tears: He asked, "If they use mitigation, it's possible that land could be developed ?" no l6Z /L (,C� July 8, 2004 Fred Reischl: "Right. Again... very preliminary. I haven't been on the ground in this area except for the developed portions." Clarence Tears: "What I mean is if somebody did purchase it through mitigation banking and things like that there is a potential, a lot more of this area could be developed. Correct ?" Fred Reischl: He agreed and clarified that the "arm that goes out" is mainly upland. Marla Ramsey: Said Clarence Tears would be showing something on the sidewall and asked the cameras to take a shot of it. Clarence Tears: "This committee asked me to look at it from a storm water standpoint — water quality issues." After speaking with other engineers, he concluded, "this area has a lot of opportunities... actually is more conducive to water retention and water quality issues than the property we purchased to the north. If you look at what I highlighted in orange, and over here and possibly filtering some of the water through the existing Caribbean Gardens we could improve water retention, water quality, reduce the impacts to the bay and possibly instead of having this channelized Gordon River we could divert some of the flows through a series of lakes over here and actually improve on site retention and water quality. So there is really a great opportunity to improve storm water management in the Gordon River basin... this is preliminary. I did not add too much in this area because... you have to look at the topography. I'm not quite sure what we can do, but I'm confident from Golden Gate Parkway to the south there is a great opportunity to improve storm water management. Marla Ramsey: Asked him to clarify that the area between the red lines represented "dug out" lakes. Clarence Tears: He confirmed this and noted that this was the result of speaking in his office with some engineers and sketching it out with markers, "just to visualize what could be done. The lakes could changed based on trails, paths — It could have little bridges over some of those locations. The whole idea is to keep the water in the system longer, allowing the sediments, the heavy metals and things to filter out and then you allow the water at the south end through these feeders to go back through the natural system and try to reduce the channelization end point discharges." Chuck Finley: Asked if the area would remain accessible to canoes and kayaking, or if there might be some sort of weir dam to prevent that. Clarence Tears: Said the main channel of the Gordon River would still be available. He noted that they could use a structure near the Golden Gate Parkway to divert an enormous amount of water through the lakes, and retain more of the water before discharging it out into the Gulf. Chuck Finley: "So those wouldn't be used for canoeing or kayaking, just the original..." Clarence Tears: "No. Basically what we would do is enhance the current system and try to utilize parcels to deal with water resource issues." Ted Hudgins: Asked how much it would cost to have, "that same benefit to the water quality if that were a developed piece of property ?... Could the development improve the water quality to the same degree that you are talking about here ?" 7 /�--2 lb6 July 8, 2004 Clarence Tears: "I don't think so because every time you develop a property that is just one more piece that we lose out of this whole parcel. If a developer came in and said, `I'm only going to develop two acres of this total property, and I'm going to do the same concept,' that's impossible. But if he's deciding, `well I purchased this property and it cost me $40 million and I want to develop as much as possible," he may have some sort of on site retention, but he is only going to be dealing with localized issues, not the regional issues." Ted Hudgins: "That seemed like the self - evident answer, I just wanted to have it on record saying if there were to be a development on there then it would probably eliminate any chance to improve the water quality going into the Gordon River." Clarence Tears: Noted that the more development there is the greater the chance they will miss an opportunity to address regional water resource issues. Kathy Prosser: Asked if Clarence Tears said last week. that it would take about 50 acres for storm water? Clarence Tears: Said that was "roughly" correct. Kathy Prosser: Said the reason she asked the question was that Conservation Collier would most likely be interested in purchasing the parcel with the where he had drawn in the proposed lakes. "So, if you did a storm water control there instead, then I'm not sure what lands Conservation Collier would purchase." Clarence Tears: "Part of Conservation Collier is ... water quality /on site retention. The whole idea is there is an opportunity to utilize this land, create a resource, and still have these features that improve water quality. Kathy Prosser: She "applauded" his efforts. Bill Lorenz: "The parcel to the north, a little bit of the precedent with regard to the funding sources for Conservation Collier was: Conservation Collier would participate in the funding of the portion that would not be put into storm water retention ponds. That would fit more the objectives of the program." Clarence Tears: "That would be everything around or whatever is put into retention." Bill Lorenz: "Correct" Clarence Tears: I was just asked by this committee to take a look at what I thought we could do with this piece of property... These circles are just imaginary circles at this point, but the idea is a series of lakes where you have small channels connecting them which has great velocity, and then you reduce the velocity so you have a chance for things to settle out. With aquatic plants put around the lakes you have great opportunity for uptake of nutrients. You have more on site retention, reducing the flows to Naples Bay. It's just another opportunity to do something good in an urbanized area." David Tetzlaff: "...The special treatment area which is ... on the east side on the line, between units one and two —Did you indicate earlier that through mitigation that could be destroyed? Is that possible, even though it's a special treatment area? Clarence Tears: "Which ones ?" 1612 /b^6 July 8, 2004 David Tetzlaff "The mangroves that would be on the East side of the channel between areas one and two ...all that mangrove habitat — All that could be destroyed for mitigation ?" Clarence Tears: "It's possible. It just depends on how the permit is issued to some developer, but I've seen some areas where things have been destroyed and they miticgate for the destruction of that area." David Tetzlaff "I want to add my support to your plan. I think it's an excellent idea, because everybody is involved in this. You get questions no matter where you go in town. I met a gentleman at a local store and a couple days ago and he has fished the Gordon River and its tributaries his entire life, and he says, `I'm not seeing blue crabs anymore and they're an indicator species." So there's some evidence that it's in trouble and needs help." Clarence Tears: "Always the challenge for us is in the urbanized areas you have less and less space available, so any time that you can get that, a large parcel of property provides you the most opportunities for being the most creative in dealing with water resource issues." Penny Taylor: "When they are talking about a master plan to distribute for information purposes to the voters, is that something that ... you could prepare that's ... a little bit more than an idea with some lakes. Do you have enough time to do something with a little more detail, perhaps ...specificity? Clarence Tears: "It's possible, but it's a short period of time... A lot of it is modeling and engineering and trying to get it right." Penny Taylor: "If we represent this to the voters we just want to be sure of that. And, I think we should represent it to the voters." Clarence Tears: "I'm sure we could quantify some things, but everything will change based on topography. If there are existing wetlands out there we to minimize those and try to work with them, with the movement of water. The whole idea is to reduce the destruction and try to provide as much storm water potential as possible." Penny Taylor: Asked him to confirm that if the voters decided to purchase the land through bonds, "whatever you do on your end could be deducted at a later point... so that you don't have to apply for it at the same time." Clarence Tears: "That's correct." Kathy Prosser: In reference to the map asked, "Do you have any idea what the cost of something like that would be? ... in general." Clarence Tears: Pointed out that fill has value and that there would have to be some structural modifications, but that he could not give an exact price, but, "It's not as much as you might think." Marla Ramsey: Asked Bill Lorenz, "If you leased the lake areas and that was the Big Cypress element of it... Conservation Collier could then buy the lands outside of that lake area. That would still be acceptable, is that correct ?" 0 f6-7 /b 6, July 8, 2004 Bill Lorenz: "Yes, we would be looking at the area that would be in the non - developed portion, and the lakes would be considered development." Marla Ramsey: "So even though it's not the full acreage or a strip of it, all those little acreages all around those lakes would be under Conservation Collier eligibility ?" Bill Lorenz: "I think it could be... the Conservation Collier ordinance talks about land use that's compatible with the objectives of the program... certainly passive use types of recreational facilities such as that would be compatible." David Morgan: Said he is in favor of the public buying it first, but in case they don't he favors, "public and private getting together. If I'm a developer... I'm looking at million dollar lots around a lake... and thinking this is a nice opportunity to develop some pretty high -end homes. Do you think that's something we should talk about or put a group together -- to say that if the county isn't fortunate enough to get it, let's propose to a developer or a group of developers a master plan that the community could support, because we were outbid, to save Caribbean Gardens and still address the needs... that we have to say, `We'll trade you'. Marla Ramsey: Noted that would fall under #3. Lynn Hickson - Hawley: Asked for a "ball park figure" concerning the damage if no further work was done for water management. Clarence Tears: Noted there is a lot of flooding in the Gordon River basin and some related water quality issues in the bay. He believes this could help to reduce that. Lynn Hickson - Hawley: Noted there would then be damage to pay for if nothing else was done. Clarence Tears: Said there would be a continued degradation of Naples Bay. Marla Ramsey: Introduced Joe Delate of Naples Parks and Recreation to do a charrett. It would be an opportunity to "throw some things up on that board and see how they work with one another." The goal she said was to produce two or three preliminary drawings that could be developed in more detail in order to present to the public. Joe Delate: He described the two aerial photos, one on the screen and one on an easel. He noted that they showed the various features of the property and could be sketched on. He suggested that the public give input and he would sketch them out. Kathy Prosser: Suggested starting with the lakes, since the preserve would go around them. Joe Delate: Noted that there would likely be mangroves near the lakes and that would involve a lot of permitting. He recommended that they "try to show them outside of any wetland areas." He proceeded to sketch in various features with a pencil including upland areas, The zoo, grassy areas, and possible lakes. Marla Ramsey: Noted that there would be, "some sort of pathway system" She asked if this should run along the river or through the lakes area. 10 /f./, -7- /,6 � July 8, 2004 Joe Delate: Said the mangroves along the river might make the cost of a path along the river prohibitive. He described the possibility of integrating the path in the upland areas with the Conservancy area and possibly putting in a "crossing of the river." Kathy Prosser: Noted the group that had worked on the "Gordon River Greenway concept" had a donor willing to pay for a foot bridge across the river. Marla Ramsey: Asked if the foot bridge could be located near the Conservancy and if there would be parking available. Kathy Prosser: Called it a "great idea." Joe Delate: Summed up and sketched in the ideas to that point including one or two bridges across the river and a series of pathways beginning at Golden Gate Parkway and running south. Penny Taylor: Asked about location of parking and accessibility. Wayne Agnoli: Asked about the possibility of providing access to parking along Golden Gate Parkway. Fred Reischl: Said that the curve along Golden Gate Parkway might cause problems with parking, so it would be a better idea to plan parking along Goodlette Road. Penny Taylor: Said she hopes that some day the greenway will extend as far as Tin City. David Tetzlaff: He said there is an area between the Conservancy and the Caribbean Gardens that could be used for parking. He also asked if the streams connecting the various proposed lakes could be navigable by canoes and kayaks. Joe Delate: He deferred to Clarence Tears. Clarence Tears: Said he could not answer that at this time, since it depended on how they would, "hold back water and control some features that we would require." Penny Taylor: Asked if the paths would also serve as bicycle paths. Joe Delate: Said they would be multi -use paths accessible by bicycles, strollers, wheel chairs, pedestrians, etc. It would be a combination of asphalt and boardwalk. He said it would circle some of the lakes, and then running up toward Bear's Paw and then meeting up with the river and possibly running north and tying in with the west side of the creek. There would also be a connection to the Conservancy and another potential bridge into Caribbean Gardens. Penny Taylor: Asked if it could it be a complete loop. Joe Delate: Said it could be "whatever you want." He described briefly some complexities concerning the Conservancy property and the out - parcels. Clarence Tears: He asked about canoe ramps for the east side. Joe Delate: Asked about vehicle access. Clarence Tears: Clarified that it would be for people already in canoes for picnics, etc. 11 /( a /Ob L, July 8, 2004 David Tetzlaff: Said that a perimeter road on the east side of the zoo would make it "almost impossible" to put a boardwalk on the west side of the channel, since the perimeter fence runs next to the channel. Joe Delate: said he would cross it out. Marla Ramsey: Said there would be a need for public restrooms. She then asked about the specific location of the access from Goodlette Road. Then she asked about the possibility of using the present Caribbean Gardens access and extending their parking lot. David Tetzlaff: Said that this is possible in the area of their "south field." H then noted there is and "orchid project that is being administered by the United States Fish and Wildlife Service and right now they are carrying on part of it at the Florida Panther National Wildlife Refuge, but they really don't have the space or facilities there to do that, and they are looking for a place to carry on this orchid research, and it has to, according to their ... be on public land." Marla Ramsey: Asked Joe Delate if there is room for a parking lot and a restroom facility in the area being discussed or if they needed to go north. Joe Delate: Said that he knows the area from previous public activities. It also makes sense to put the restrooms near the parking, and there appears to be room in that area. Also, the restrooms should not be placed in a wetland or a flood zone. Penny Taylor: Asked about the size of the parking lot. David Tetzlaff: Said there would need to be space for both venues. This would mean space for hundreds of vehicles. In season, he noted that Caribbean Gardens sometimes runs out of parking space. But he believes there is enough room for the extra parking, and that it would benefit Caribbean Gardens as well as the Conservancy and the new venue. Joe Delate: Summarized the ideas so far, and asked for any more contributions. Marla Ramsey: Asked about a portion of land on the west side of the out - parcel. She wanted to know if there was a driveway there now. Joe Delate: Said there appears to be a driveway in that location and another one south of the gas station. David Morgan: Asked if we build a 3 — 400 parking lot it may be more difficult to sell. He suggested building multiple lots and easier access for people who have "specific interests." These lots, he suggested, might be less visible and intrusive. He also asked about the possibility of an amphitheater. Joe Delate: Described another possible location with a "right in right out" access. Brad Cornell: Said that Cambier park already fills the need in the community. Penny Taylor: Said there is a high demand for the Cambier Park bandshell, and they would be happy to have the extra facility. Marla Ramsey: The bandshell in Golden Gate, four to five miles down the road, was opened in April. Said that it has parking for 120 vehicles or possibly more. 12 11�12Ib6 July 8, 2004 Brad Cornell: Said he will leave his mind open, but if there is a park, they need to be careful about how much "intensive uses" is allowed. Collier County is lacking "passive parks" That is a need that was identified through Conservation Collier. Kathy Prosser: Said they would have to be sensitive to low amounts of noise, since it "spooks these animals." The airport noise is already a problem. Brad Cornell: Agreed with David Morgan that the parking lots could be more environmentally friendly. There could be pervious surfaces, native landscaping, etc. — as well as a shuttle from other places such as the mall. Nancy Jane Tetzlaff: Said the animals are sensitive to loud noises and that this is an area for low key activities to benefit the people and the animals. David Morgan: Said they need everyone in the community to get behind it. He suggested that they will need multiple uses in order to sell it to the community, so that people can see how it will benefit them personally. Mark VanDam: Spoke to counter David Morgan. He noted that there are activities at other parks that would balance out the need for a more passive park. The public relations campaign could focus on the balance provided by other parks. Marla Ramsey: Asked about an area on the map. Joe Delate: Identified it as a scrub area that is probably worth preserving. He also suggested the inclusion of shelters for picnics. Wayne Agnoli: Noted that Fleischman Park is right across the street, and could be used for activities and parking. Also, Naples High School could provide parking in the summer months. Penny Taylor: Said Fleischman park will be expanded, so she was not sure it could be used for overflow parking. Lake Park Elementary and Naples High School, though were possibilities, if it were allowed. Marla Ramsey: Moved to the next item on the agenda: public /private partnership. She called this a less desirable alternative and a fall back position. She said they should identify what was most important to save and what they would need from private entities. David Morgan: Said the focus should remain on conservation, but "having said that, all that you take away from a developer is going to drive up the cost of the developer not eliminating the zoo. He expressed a fear that they could save some park land, but lose the zoo. He said they could approach the county commission regarding "transferability of building rights, and we'll give you this area, this area, and this area, and then say to a developer, `economically, this is still worth your investment." Brad Cornell: Said there is a third possibility that is: leaving the lakes out of the proposal. This is because, "One thing that I'm not sure of is what the upland land cover is and what its ecological value is. So, I would feel really nervous about signing off on that until we knew what was there. So, there may be a reason not to put lakes, recognizing that there is a need for water treatment... An alternative to lakes is to build treatment facilities which is more expensive, but it's more space saving. Then we save some of the natural eco- systems there." 13 /6 -�-, /16 6 July 8, 2004 Wayne Agnoli: Said there is an existing lake, and wondered if there is a way to expand the lake, to divert water flow into that and out back again. Clarence Tears: Said anything is possible, that the lines on the map are simply conceptual. He said the more water that is available, the greater the chance that things will settle out. He also said that a larger lake gives more opportunity to store water during storm events and reduce the impact on the bay. Kathy Prosser: Asked about the present purpose of the lake. Clarence Tears: Said it was likely a borrow pit for some sort of construction. Marla Ramsey: Said they should identify the first thing on the list that they should save. That would likely be the wetland, and the next thing would be "the ST overlay." The scrub area on the bottom would be next, and she asked if the rest would be available for development. Kathy Prosser: Said the upland triangular piece on the east side is full of gopher tortoises. Ted Hudgins: Said he is in the process of finalizing the application for tax exempt status for Caribbean Gardens. As part of that they are interested in doing more educational activities and planning new facilities. He feels it is, "imperative that the zoo have the opportunity to purchase all of the land on the west side of the river. That would be basically all around Mr. Stonebumer's properties, and if ... we could negotiate ... to do a land swap, that would help the zoo in it's ability to grow and to continue its mandate to the community to educate and to preserve. At the very least, I'd like to see the zoo have the first option on that property." David Morgan: Said they have to consider what is "the least we could live with." He said if a developer buys it there is a risk that eliminating more increases the odds that they would want to take the zoo out. Marla Ramsey: Responded to a question concerning the boundaries of the special treatment area. Fred Reischl: Clarified the boundaries of the area as of 1974, based on aerial photos. Marla Ramsey: Asked for clarification of what's underneath the ST. Fred Reischl: "Underlying the ST overlay is agricultural zoning and basically what this affords is an extra layer of protection for that zoning. The change in ST has to go before the Board of County Commissioners." Marla Ramsey: "Is an ST always a wetland ?" Fred Reischl: "Not always... 95% of them are." Marla Ramsey: "And this one is a wetland ?" Fred Reischl: "It appears to be by looking at the aerial." Marla Ramsey: Asked if that is "the area we are looking at ?" Joe Delate: Said he could not tell, and that he would have to look more closely to see if the two plans correspond. "It's relatively close." 14 ) (1 7- / Z) b July 8, 2004 Marla Ramsey: Asked Fred Reischl to comment on the possibility of getting the ST removed for development. Fred Reischl: Said they were put on by aerial in 1974, a PUD today would require a ground truth to establish the, "wetland jurisdiction line." It could be greater than or less than the ST. It simply serves as a "warning sign saying `Careful, there's probably wetlands on this parcel that have to be ground truthed..." Marla Ramsey: Asked if that could be removed. Fred Reischl: "If they show that the hydrology is no longer there... the ST itself can be removed, yes, and usually replaced with `conservation usement' It's rare if an ST is removed, and nothing else is done." Marla Ramsey: Asked if the ST remains, if they "are able to take any density off that ?" Fred Reischl: "No, you can incorporate the ST area into the density calculations, with the exception of marine wetlands... mangroves... would have to be subtracted from density calculations." Marla Ramsey: Asked if any was a marine wetland. Fred Reischl: He said parts of it appear to be. Marla Ramsey: Asked for clarification about the agricultural density underneath. Fred Reischl: "In this part of the county unless it's affordable housing, I'd say it would be three units per acre." Marla Ramsey: "That could be taken from this particular area and moved to the north or to somewhere else on this site ?" Fred Reischl: "Right. Collier County uses `gross density'. So, you use the entire density minus marine wetlands, and then you can put it anywhere on the parcel as long as the whole parcel doesn't exceed three units per acre." Marla Ramsey: Asked about transfer of development rights. Fred Reischl: Said it is allowed under very strict rules and regulations of the development code. Marla Ramsey: She wanted all of the options mentioned Bill Lorenz: Said the other consideration is that the "County's vegetation retention and preservation requirements would kick in, which would be 25 %... 25% of the vegetation on the entire site would have to be reserved some place on the site, and that would go in the preserve area." The higher priorities, then, would be the mangroves and the scrub. Marla Ramsey: Asked about available access near Bear's Paw. Joe Delate: Said that is difficult to determine from the aerial photo, but that seemed unlikely. Marla Ramsey: Asked then if access would be from Goodlette Road. Fred Reischl: Said that according to the growth management plan, "in calculating residential density for this parcel, you would have to subtract the commercial areas." If the Caribbean Gardens were considered as "public use, then that could be an incentive, as 15 /(C:5 �L /j� July 8, 2004 that acreage could also be used to calculate density. That density could be used in the non - gardens, non - commercial portion of the development." That would be an incentive. Marla Ramsey: Asked if there was anything else to increase density. Fred Reischl: Clarified the previous point. Marla Ramsey: Asked "How tall would a building be given the acreage that's left..." if density were moved. Fred Reischl: Said a PUD has no cap on height, but they would consider compatibility with surrounding properties. Marla Ramsey: Said her intention was to clarify what might be provided as an incentive to a developer. Fred Reischl: Said the board makes the ultimate decision based on staff recommendation. Marla Ramsey: Asked if a road had ever been put through the ST to provide access to the uplands on the other side. Fred Reischl: Said that ST allows for access to be run through it. David Tetzlaff Said that the Caribbean Gardens "Monkey Island Boat Ride" as well as the Stoneburner acreage could be used for water retention and would include removing pepper hedge. Also, there is a ditch to the south that could be widened into a lake. Clarence Tears: Said this is possible, but they would need to study the topography. Marla Ramsey: Clarified the areas sketched out so far, and asked Bill Lorenz to clarify that Conservation Collier was unlikely to fund an ST overlay. Bill Lorenz: Said that was not necessarily so, since "one of the criteria is vulnerability to development. But that is just one criteria..." Marla Ramsey: Summarized the points and asked for confirmation that the rest would be negotiable with a developer. David Morgan: Asked about the possibility of developing the riverfront plus 400 feet and leaving the rest alone. David Tetzlaff Said that anything could be discussed, and that would depend on the needs of the developer. He noted, however that 400 feet would take out the Caribbean Gardens' gift shop and display area. Wayne Agnolli: Asked about putting commercial development in the north. Penny Taylor: Expressed concern about the possibility of losing 400 feet of property along the river and wondered about the possibilities with the Stoneburner parcels. Wayne Agnoli: Said that there could be a median cut made to allow a right turn into the property on the north end. Marla Ramsey: Introduced the topic of funding sources. Amanda Townsend: Said Florida Forever might be the best option. They assisted in the purchase of Cypress Gardens and with Monkey Gardens. She also drew a distinction between acquisition and pre- acquisition programs and said that they had to be on the look out for conflicts between regulations of various programs. 16 /6 2 /b 16 July 8, 2004 Kathy Prosser: Asked about the possibility of combining public, private, and grant funding sources. Amanda Townsend: Noted that the Fleischman family wanted one transaction. David Pettit: Said that multiple funding sources would not necessarily mean there would be multiple sales of parcels. Amanda Townsend: Noted that this type of preserve presents multiple funding options. Penny Taylor: Asked about when they should be applying for pre- acquisition. Marla Ramsey: Asked if the situation would change if they applied today or three or forur months from now. Amanda Townsend: Said the situation would be the same, and that it would still be available. Penny Taylor: Asked about buying now. Marla Ramsey: Said they should approach the board about applying July 27 and in September. Marla Ramsey: Said they would now consider the last issues for the day. David Morgan: Said they need to be clear about the exact costs. Kathy Prosser: Volunteered to chair the subcommittee. Brad Cornell: Asked how the subcommittee relates to the PAC. Marla Ramsey: Asked if the first plan is enough, and about the possibility of a P option. Penny Taylor: Said that should be pondered at the next meeting. Brad Cornell: Asked that they consider the possibility of a park without the lakes, and said that simply "stacking up water" was not necessarily beneficial. Clarence Tears: Said there could be filtering marshes. They could employ many strategies so long as water is filtered. Brad Cornell: Noted that even creating marshes would involve digging up land, and that they could always simply leave the land as it is. Nancy Jane Tetzlaff: Said that her son Tim spoke with representatives form Cincinnati and that the Fleischman family would possibly be willing to consider anything from September 1 to December 1. They would also be open to the possibility of payments over time. David Morgan: Noted that they would likely prefer a check to payments over time. Nancy Jane Tetzlaff: Said the family is concerned with leaving a legacy in Naples. David Morgan: Asked about a time for the next meeting. Kathy Prosser: Said they would need a time for the subcommittee as well. Marla Ramsey Suggested Thursday, the second week of August, in the same location @ 3:00 PM. She said the subcommittee members should be phoned. 17 16a lib July 8, 2004 There being no further business for the good of the County, the meeting was adjourned @ approximately 5:00pm. X. Announcements: Marla Ramsey: Said the committee will meet again next Thursday at the same time in the county commission chambers. XI. Adjourn: There being no further business for the good of the County, the meeting was adjourned by order of the Chair at approximately 4:30 PM. Collier County Caribbean Gardens Blue Ribbon Committee Chairman IN / (=, �z / '� 1� July 16, 2004 TRANSCRIPT OF THE MEETING OF THE CARIBBEAN GARDENS BLUE RIBBON COMMITTEE Naples, Florida, July 16, 2004 LET IT BE REMEMBERED, that the Collier County Caribbean Gardens Blue Ribbon Committee in and for the County of Collier, having conducted business herein, met on this date at 10:00 AM in REGULAR SESSION at the Collier County Government Complex, 3301 E. Tamiami Trail, in the board room of the Collier County Commissioners, in Naples, FL with the following people present: Committee Members: David Tetzlaff, Caribbean Gardens John Ribes, J. Roland Lieber, Landscape Architects Clarence Tears, South Florida Water Management District Penny Taylor, Naples City Council Kathy Prosser, The Conservancy of Southwest Florida Dex Groose, Collier County Productivity Committee Robert E. Lee, City Manager, City of Naples Also Present: Marla Ramsey, Interim Public Services Administrator, Collier County Michael Pettit, Assistant County Attorney Ellie Creer Fred Reischl, Collier County Zoning and Land Development Brad Cornell, The Audubon Society Doug Finlay Nancy Jane Tetzlaff, Caribbean Gardens David Morgan Lisa Vinciguerra, Hilton Hotel Marc VanDam Ted Hudgins, Caribbean Gardens Lynn Hickson- Hawley Chuck Finley Bill Lorenz, Director of Collier County Natural Resources Department Joe Delate, Collier County Parks and Recreation 16 a /1) 6 July 16, 2004 Wayne Agnoli Amanda Townsend David Pettit, Collier County attorney I. Call to Order: Meeting was called to order by Marla Ramsey who introduced a new format for the meetings. The Collier County staff will now sit to the side as liaisons /advisors for the committee. II. Roll Call: All members of the committee were introduced, as well as two new members: Dex Groose and John Ribes III. Additions or Deletions: N/A Iv. Approval of Agenda: 1) Possible alteration of ballot language 2) Issues related to the Sunshine law V. Approval of Minutes: N/A VI. Notices: N/A VII. New Business: Marla Ramsey called for nominations for a person to serve as chair. Penny Taylor nominated Kathy Prosser. The nomination was seconded and was approved on a unanimous voice vote. The balance of new and old business are included in the discussion section. VIII. Old Business: See above IX. Discussion: Kathy Prosser: Introduced the agenda and commented that, in her opinion, the ballot language is not ideal, but will be sufficient if coupled with an effective public relations campaign so that, "people will know what they are voting for and why." She asked Mike Pettit to discuss the boundaries of the Sunshine Law. She noted that they would also like to know more about the possibility of changing the ballot language. Michael Pettit: Said that he and Heidi Ashton had assumed the ballot language needed to be, "in by the 15th of July." He noted that was "not actually a legal requirement, but an operational desire." After investigating further, he believed that the ballot language could be changed as late as September 7. He offered the clarification because he had read an article in the newspaper and knew that there was some concern about the deadline. Kathy Prosser: Asked for comments from the committee or the staff. /�, a /,6 � July 16, 2004 Penny Taylor: Asked a procedural question. She wanted confirmation of her understanding that any committee recommendations would have to be approved by the board of county commissioners. Michael Pettit: Confirmed this and said that to amend a resolution typically requires, "a second resolution with alteration of language." Penny Taylor: Asked how many readings they would need. Michael Pettit: Said they would need none. They could "resolve to put the ballot forward some different language." He noted there is only one board meeting before the 7`h Penny Taylor: Noted that it's still possible. Michael Pettit: "It is a procedural possibility." Kathy Prosser: Asked for more comments. David Tetzlaff: Said he was following up on Kathy Prosser's initial comment, and made a motion, "to let the referendum stand as is." Kathy Prosser: Asked for a second and received it, so the floor was opened for discussion. Bob Lee: Asked to have the ballot language reread. Kathy Prosser: Asked for a copy and then read it aloud: "Shall Collier County be authorized to acquire certain land including the land currently used as Caribbean Gardens for the purpose of insuring the continued operation of the Caribbean Gardens by issuing bonds up to forty million dollars payable from ad valorum taxes not exceeding .15 mill for a period of ten years and bearing interest at a rate not exceeding the maximum legal rate ?" She asked if members of the audience wished to comment. David Morgan: Asked if 40 million is the county portion and can be combined with other entities or "is that 40 million or the county doesn't get to move forward with the purchase of the property." Marla Ramsey: Said that board wanted them to seek alternative sources that could be used to either, "help to secure purchase of this land or to defer the cost to the taxpayers. It could go in either direction." David Morgan: Said that if the taxpayers approved 40 million, this could be combined with other sources to meet a higher price. Marla Ramsey: Confirmed this and said there could be several options. Kathy Prosser: Called for more comments. Penny Taylor: Said she is "stumbling over `acquiring certain land'." She was uncomfortable with the wording. 4 /6 -7 /L� July 16, 2004 Dex Groose: Felt the language is vague and sounds like it is something other than land around the zoo. Clarence Tears: Agreed, but was unsure of any changes. Penny Taylor: Asked if there is a limit on the number of words. Michael Pettit: Said he would check on this. Kathy Prosser: Said that although the ballot language is not ideal, the referendum would succeed or fail based on a marketing strategy which could explain to the public "what the lands are that are going to be surrounding Caribbean Gardens, what it will be used for, how the relationship with the zoo will work...." Dex Groose : Asked if there is a reason it, "cannot be left out, and say, ` the land surrounding the zoo." Kathy Prosser: Said that if it's opened at this point, it would introduce an unknown that would delay the campaign. So she recommends leaving it as is and making sure the issues raised at these meetings be clarified and spelled out clearly in a campaign. Dex Groose: Thinks some people will not be reached by the marketing effort and will read `certain land" and be confused. Bob Lee: Agrees with Kathy Prosser that marketing is crucial, but that there will be opposition that could distort the issue with skilled marketing. It might be worthwhile to deny them a weapon. If it can be clarified, this would be the time to do it. Kathy Prosser: Counted the words and, "if we don't count `acquisition of certain land,' we've got wiggle room, but if we do, we have no room to change." If not they would have to delete and replace word by word, so she wondered if the two lines at the beginning were part of the ballot language. David Tetzlaff: Said the longer they debate that, the less time they have for other things. There are only a few months. Kathy Prosser: Said it would have to be decided today and confirmed in two weeks by the county commission. Marla Ramsey: Said the staff's opinion is that the ballot gives a wide array of opportunities for securing the Caribbean Gardens, which was the intent of the board. That is why the Caribbean Gardens is featured in the ballot. The intent is to maintain the Caribbean Gardens for future generations. Kathy Prosser: Said that if that was the intent of the commission, then, "It says it." Mary Wozniak (Naples Daily News): Asked that members identify themselves when speaking. Kathy Prosser: Called for more speakers. David Morgan: Would like to remove the word "sell" from the discussion. It's not about a sales pitch, it's about doing the right thing. Some people do not want to be "sold." 14-Y/Z July 16, 2004 Kathy Prosser: Called for more speakers, and thanked Marla Ramsey for her clarification. She then called for a vote on the previous question.. The motion was approved on a majority vote with Dex Groose casting the only negative vote. Kathy Prosser: Moved the discussion on to a consideration of the Sunshine Law. She asked Michael Pettit for clarification. Michael Pettit: Said that they did not believe that the type of meetings initially envisioned would fall under Sunshine requirements. After observing the meeting last week, however, he concluded the meetings have evolved in such a way that there is now a higher risk that one could make an argument that Sunshine would apply. Therefore he advised Marla Ramsey last week that the staff should not be part of the committee. He cited two reason: 1) There is an internal rule preventing staff from becoming members of advisory committees, and 2) staff need to be able to talk with one another to do their jobs. Marla Ramsey, therefore, will serve as chief liason, and other staff members such as Chuck Carrington, will step in as needed. Also, he recommends that it be treated as subject to Sunshine which means, 1) when two or more members meet in other contexts they may not discuss committee business absent public notice, public location, and minutes taken which are the three requirements of the law. Sunshine is not intended to make government easier. Public access "Trumps" administrative convenience. It is his strong recommendation that they operate in the Sunshine. It may be possible for an attorney to argue that Sunshine does not apply, but he does not want to put the county in the position of defending a Sunshine law violation. David Tetzlaff had asked him privately about the relationship with a PAC. He said that if there is going to be a separate marketing committee, and if, for example, David Tetzlaff and Kathy Prosser are on both committees, and if they make any recommendations about how the land, both would be subject to Sunshine. Finally, Sunshine is positive in that it allows for greater public input. David Tetzlaff. Asked if the PAC for Conservation Collier was in the Sunshine. Ellie Creer: Served as administrative staff to the Conservation Collier PAC. They did not operate in the Sunshine. Their meetings were well advertised, open to the public and well attended, but they could also talk privately to get things done. Michael Pettit: Clarified that the PAC, it were made up of "a completely separate group . of people," would probably not be subject to the Sunshine Law. He suggested that if more than one of the members of the present committee are also on the PAC, then and only then would there be a "Sunshine Law issue." If only one member participated in the PAC, then the law would not apply. Ellie Creer: Asked about the goal /mission of the committee in the remaining months. Marla Ramsey: Staff envisions only one, possibly two more meetings in order to complete their assigned mission. That mission includes looking at alternate funding opportunities to save the Caribbean Gardens and to consider land options if they had to purchase more then the Caribbean Gardens in order to make this possible. She noted that they had done a good job at the last meeting of putting together charrettes and that they would present, "three different looks" at the next meeting. They will also present a list of grant possibilities that will be considered and prioritized. They will also discuss the rol 16 _7 /b h July 16, 2004 possibility of private/ public partnerships, although she noted they "don't have a very good handle on that yet." She believes they might be done by mid - September. Kathy Prosser: In contrast, the marketing campaign will require more time and more meetings. Questions remain whether the subcommittee will require additional meetings, how such meetings might affect the number of meetings for the main committee, and regarding the nature of the relationship between the committee and the PAC. She asked Marla Ramsey to restate the mandate since her understanding was that the mandate was to identify alternative funding sources. Marla Ramsey: She said that was one, and the other was to consider, "site plan alternatives." Ellie Creer: "Given those two fairly clear mandates, wouldn't it be appropriate to throw the marketing to the PAC when it's formed, which does not then constrain either side." She added that there are two fairly large things to accomplish in a short time and that marketing could suffer if they do not begin soon. "You cannot expend dollars in support of a ballot initiative other than through a PAC, so the people raising the funds to expend it should probably be driving the marketing. Would that make sense to bifurcate those two efforts at this time ?" Kathy Prosser: Felt that the committee seemed to feel that there are some talented people who needed to be involved in both efforts. Marla Ramsey: Asked for clarification if they had made a decision whether it would be a PAC or a subcommittee. One would be subject to Sunshine and one would not. Michael Pettit: "Typically subcommittees of advisory committees are subject to the Sunshine Law." However, if an independent group comes together in the community to market the initiative, and if, "one or none of you sitting on that group ", he does not believe there would be a violation. Kathy Prosser: Asked what would happen if the committee were disbanded. Would that preclude members from participating in advertising? Michael Pettit: Noted he was speaking without research, but if the committee, "was truly disbanded," and that if the other group was formed independently and was not subject to making recommendations to the county commissioners, the Sunshine Law would not apply. Penny Taylor: That would be "cleaner" in terms of public perception since the board of county commissioners would then have no involvement. Marla Ramsey: The other option would be that if anyone wanted to step down in order to work on marketing, they could seek replacements to serve on the committee. Two or three members might be affected. Michael Pettit: Need to clarify when the committee is disbanded and when people step down. David Morgan: Said the group has expended a great deal of energy, and he sees no problem with Sunshine in that it prevents naysayers from accusing them of secrecy. He's in favor of keeping the committee together as is. 7 16 .E I fl �0 July 16, 2004 Kathy, Prosser: Said no one appears to be afraid of working in the Sunshine. The mandate is to promote a referendum, and marketing is not part of the mandate. She is perplexed about how they would be able to accomplish both in the Sunshine. Penny Taylor: There is not time to wait. She will request that the City of Naples make the city council chambers available to the marketing committee. She would need to check on the possibility of having minutes and getting it televised. Dex Groose: Said that with a former experience it took up to a year to formally disband, and that there could be similar problems with members stepping down. Marla Ramsey: Asked for clarification from Michael Pettit, but felt that it would not be a problem in that the committee was made up of volunteers and not appointees. Resignations would be noted in the minutes, and that would be adequate. Michael Pettit: He agreed, but said that if the committee as a whole were to disband that it would probably need to be approved by the board. Kathy Prosser: Asked Michael Pettit about a similar situation regarding an advisory group for endangered species that does not appear to operate in the Sunshine. Michael Pettit: Said that he cannot say for sure that Sunshine applies. However, since it is clear that there will be opposition to any initiative involving taxes that is best to take a conservative stance to preclude any accusations of violations. Bob Lee: Assumed that Sunshine applied, and generally operates under that assumption in the City of Naples. He noted that the committee members need to be available for consultation, and that he finds himself in similar compromising situation. For that reason he believes that he should resign and that Sunshine should be assumed. Therefore, he resigned from the committee. Kathy Prosser: She understood his reasons, and looked forward to his input. David Tetzlaff : Was under the impression that the committee would be separate from the PAC. His expertise is not in seeking funding, and he preferred to work in an area where his experience as a zoo director could be put to best use. Therefore, he also resigned form the committee. Kathy Prosser: Said that there has been public notice of a meeting for next Wednesday, July 21 in her office at 3:00. She requested staff guidance as to whether that group should still meet. David Morgan: Offered the facilities at the office where he works to host the meetings. Kathy Prosser: Said that there are several potential hosts, but the question is her involvement in both groups. Penny Taylor: Believes that in David Tetzlaff's case, his participation in both groups could be misconstrued, but Kathy Prosser would be perceived as fulfilling her role as leader of an environmental organization. Marla Ramsey: Asked how many on the marketing committee are also on the subcommittee list. 16 -: lb 6 July 16, 2004 Kathy Prosser: Clarence Tears, David Tetzlaff (until minutes ago), and Penny Taylor. John Story also expressed interest. Marla Ramsey: Said it would be in the Sunshine if they were on it. Michael Pettit: Said that in that case it would be like the "subcommittee of any advisory board." Kathy Prosser: Is it appropriate for her to be "spear heading" both initiatives? She plans to be fully involved in marketing. Ellie Creer: Has still not heard discussion regarding whether marketing is part of their mission. "The bigger issue is, `does the marketing reside with the PAC who expends the dollars or with you." Kathy Prosser: Does not believe that the task of the committee is to "do marketing and get a referendum passed." Michael Pettit: Asked if they need the subcommittee or if it could be done privately. He added the caveat that if more than one is on both groups, then it would have to be treated as a "Sunshine situation." He asked if they need a marketing committee to fulfill their mission. Kathy Prosser: Does not believe they do. Clarence Tears: Agreed. Marla Ramsey: Staff would perceive that there could be a separate committee, but noted that if there were more than one person on both, or more than one city council member, Sunshine would apply. Clarence Tears: Suggested that given the interests of the committee members and the multiple memberships that they advertise. Kathy Prosser: Said she took issue with David Tetzlaff heading up marketing and serving as, "point person publicly." That would convey a mixed public message, even though the zoo is a major portion of it, there are other issues. Ellie Creer who has related experience and who has also worked with the zoo might be an appropriate alternative. Clarence Tears: She had not yet volunteered. Bob Lee: Observed that staff would need to be involved in providing information. Terms such as advertising and marketing can be confusing, In his experience, though, PACs and similar groups are not covered by sunshine and are not subcommittees. The scope of the committee has now been clearly delineated, and they have clearly demonstrated a desire to comply with Sunshine. However, the PAC and the subcommittee should be separate. Penny Taylor: Clarified that the members of the committee with an interest in marketing ought, out of "precaution and good sense," to work in the Sunshine. Michael Pettit: Recommends strongly that the committee work in the sunshine. Also, the clear mandate of the committee appears to be 1) funding (e.g. methods that would, "allow us to retire the tax early. ") and 2) purchase of extra land needed to insure that the zoo 9 /7-7: /b(=, July 16, 2004 continues to operate. Marketing does not need to be tied to this mandate. He noted again that if more than one is involved that it would be a Sunshine issue. Kathy Prosser: Agreed with Michael Pettit. She noted that Conservation Collier provided an example of the importance of public input. However, Sunshine would preclude her from having a conversation with David Tetzlaff in order to do the necessary work involved in marketing. David Tetzlaff: Said that it is getting too complex. Three different groups will confuse the public. Each group needs a clear mission. The committee need not work on PR if a PAC is formed. Someone like Clarence Tears will be needed on the original committee due to his expertise in water management. Separating the two groups could open valuable lines of communication. Marla Ramsey: Reason for the interest in marketing arose from the public interest expressed at the original meeting. She believes it would be appropriate to focus on the original agenda, and that the committee has been successful in generating significant public support for marketing. Kathy Prosser: Clarified the following: Committee will then continue to meet, without Bob Lee and David Tetzlaff. The mission of the committee is to look at various funding options to "purchase all of the land including the zoo, " and to consider site plans. There is significant interest in forming a PAC to promote the initiative, but such PAC is not a focus of the committee. Members may wish to join the PAC , but that is "not the mandate of this group." Marla Ramsey: Agreed. Kathy Prosser: Said there is still a question regarding who should chair the meeting scheduled for next week in her office at 3:00 PM, Weds. She is willing to host, and there has been public notice. If someone else wants to lead, that could be discussed at next week's meeting. Clarence Tears: Asked if the committee should be involved in any way. Marla Ramsey: Said that they could put it on their agenda, but that this committee would not even need to be informed. Clarence Tears: Agreed. Kathy Prosser: Agreed, and noted that she was in, "an odd situation." However, she volunteered to host the meeting for next week and to put the question on that agenda. Michael Pettit: Noted that staff would not be in attendance, since they have no official relationship. Kathy Prosser: Noted that staff would be welcome. Clarence Tears: Said it's important to remember that a, "well informed public will make the right decision." The intent is not to "market" or "sell ", but to inform the public. Kathy Prosser: Agreed and noted that marketing is really a business term, but the key is to provide clear information regarding the concept and the clear benefits to the community. 10 16Z lb6 July 16, 2004 David Morgan: Would the committee be responsible for providing that info (costs, designs, etc.) to a PAC and the public? Marla Ramsey: No David Morgan: Who, then would provide the information? Michael Pettit: Noted that if more than one committee member is present that minutes must be taken and there must be public access and notice. Notice is already done. The information is already in the public domain. Kathy Prosser: Noted that her office may be too small, but that the meeting would be somewhere on the grounds of the Conservancy. Clarence Tears: Also has files in his office available to the public. David Morgan: Noted that but wanted clarity. X. Announcements: Marla Ramsey: Said that the next meeting would be Tuesday, August 17 @ 3:00 PM in this chamber. New business would include: minutes, site plan review, a presentation by John Garrison from Trust for Public Lands, a possible presentation by Mary George of the Community Foundation, and discussion of other funding options. Barring other suggestions, that would be the agenda. Kathy Prosser: Asked for any other comments. Bob Lee: Asked for clarification of the day of the week. XI. Adjourn: Kathy Prosser: Thanked the audience and made a motion to adjourn. The motion was seconded and approved on a voice vote without dissension. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at approximately 11:15 AM. Collier County Caribbean Gardens Blue Ribbon Committee Chairman 11 Ir -7 /-b 6 August 17, 2004 CARIBBEAN GARDENS BLUE RIBBON COMMITTEE Board Meeting Room E, 3rd Floor, Administration Building 3301 Tamiami Trail East, Naples, FL 34112 3 o'clock, August 17, 2004 LET IT BE REMEMBERED, that the Caribbean Gardens Blue Ribbon Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION in Board Meeting Room E third floor, Administration Building, of the Government Complex, 3301 East Tamiami Trail, Naples, Florida with the following members present: Kathy Prosser - Chairperson Clarence Tears Penny Taylor John Ribes John Sorey III Collier County Staff: Mike Pettit, Chief Assistant, County Attorney's Office; Marla Ramsey, Interim Public Services Administrator Joe Delate, Collier County Parks and Recreation ,/4Z /A �, August 17, 2004 Approval of Minutes Ms. Prosser suggests that this is deferred until the members of the committee have a chance to review the minutes. Ms. Ramsey agrees and suggests that they should be referred to as minutes of the meeting, in lieu of "transcript." Ms. Prosser agrees. Site Plan Review and Update Ms. Ramsey: Joe Delate is here and has created site plans. We would like to go ahead and have Joe present those. We could then make some correction and suggestions and move on from there. Ms. Prosser: I would like the committee to consider a fourth site plan that would be the land remaining much in the conservation state that it is in. Ms. Taylor: My concern is public access and without parking, there will not be a lot of public access. Mr. Delate confirms that option 3 basically leaves the land for conservation with some recreation improvements. Option 2 has the water management and the recreation and option 1 is for recreation but includes a sale of part of the land. Furthermore, there is parking areas provided on all options. Ms. Prosser agrees that option 3 is closest to what she suggested. Mr. Delate presents all three drafts to the group and points out the various aspects included. Concept #1 • Caribbean Gardens & Zoo remains • A parking area is added off Goodlette Road • There is a preservation scrub area with a picnic pavilion with a restroom • There is a trail system that interfaces with the Conservancy as an existing grass parking area • There would be a potential bridge across the Old Gordon River; that would tie into a trail system that runs through the uplands of the property. • There are a series of docks with shelters that can be accessed through the Golden Gate Canal, Gordon River or Naples Bay • There is connection linkage to the north and the south. • Some area on the northern area is zoned commercial as part of the out parcel. This could be sold and possibly zoned for mixed use or a commercial use. This is approximately 18 to 20 acres. Concept #2 — Gardens, Storm water & Recreation • Caribbean Gardens & Zoo remains • A parking area is added off Goodlette Road • There is a preservation scrub area with a picnic pavilion with a restroom K >Z-z lb 6 August 17, 2004 • There is a trail system that interfaces with the Conservancy as an existing grass parking area • There would be a potential bridge across the Old Gordon River; that would tie into a trail system that runs through the uplands of the property. • Boardwalk area through the mangroves • Linkage to north and south • Series of pathways around at least five lakes that would be storm water management that would control storm water that comes down the Gordon River Basin. This would potentially clean that storm water before it is released back into Naples Bay. • Shelters and docks would be interspersed through the lakes • There would be parking on the north end. • The area along Golden Gate Parking would have vegetation, restoration and lakes. • Lake 1 should show a pathway around it Mr. Sorey: Is there an environmental or habitat reason not to do the string of lakes? Mr. Delate: I wouldn't go that far. I would say that the area for lake number 1 has a lot of Brazilian pepper. I would say the rest of the lakes are in an area that is vegetative, it might have some Australian pine. I tried to keep them out of where the mangroves are located. If this thing is ever developed a jurisdictional wetlands survey and environmental analysis will have to be done. Ms. Prosser: I will add that I think the Fleishman family has had a plan done of all of the vegetation and lakes 2, 3, 4 and perhaps 5 are great scrub habitat with a lot of gopher tortoises on there. Mr. Ribes: Do feel that storm water lakes are a requirement? Mr. Delate: It wasn't a requirement; it was an idea that came up in response to the runoff pollution problem with Naples Bay. Mr. Ribes: but it does provide a very important function countywide. Mr. Sorey: An important function as well as possible financial assistance, that is another positive aspect of this concept. Mr. Delate: Keep in mind that not one of these projects has to be done in its entirety. It could be bits and pieces of every one of them. I don't think any one of them has to be the answer by itself. Concept #3 • This is in response to a suggestion that we provide passive recreation • It is similar to concept 2 without the lakes Ms. Taylor: I think we are not going to choose at all; these are just concepts to present to the public. 3 /(Z lb 6 August 17, 2004 Mr. Sorey: I would hope this committee would make a recommendation to attempt to do this without selling off any of the property. I would hope that Concepts 2 and 3 are the ones endorsed by this committee. Mr. Ribes: I would like to go on record now, even though we might not be selecting, supporting concept 2. It keeps green and open space but provides an improvement in water quality countywide. I would think the linkage connections are extremely important and should be emphasized. I suppose if it were necessary, we would have to keep concept 1 as an option if we need the finances. Ms. Ramsey: The Board of County Commissioners asked this committee to look for all viable opportunities as well as land uses so we may come up with something the committee would strongly like to see. I think the three concepts would go to the Board in November and then we would have something to directly work off of depending on the vote. If it does not pass there are opportunities for other private /public partnerships that may, unfortunately, be a little more extreme that may be taken into consideration. Mr. Sorey: We need to come up with a concept that we can present to the voters. Ms. Ramsey: I think the committee is here to look at options if this doesn't pass referendum. Dave Morgan: Are there any plans to increase the size of the zoo? I know we had talked about the possibility of a better zoo experience and perhaps, working with the Conservancy, a wildlife rehabilitation center. Ms. Prosser: I can only tell you that, from conversations with the Tetzlaff's, they are mainly interested in keeping what they currently have. David Tetzlaff: In looking at concept #2, this looks like a great one. I understand that finances have to be considered, but in terms of selling off the property this could be looked at as a bait and switch. If you are talking about a greens space, is it going to stay a green space? Regarding the question about the actual expansion of the zoo that could be done in concept #2 if lake #1 could be pushed south and interfaced with our primate lake. The wildlife rehabilitation possibility is not out of the question. Ms. Taylor: I think it is important to understand that these are conceptual. These are all subject to environmental, water quality and financial issues. Ms. Prosser: I think we have to make it clear that any one of these scenarios is possible if the referendum passes or if it does not pass. Ms. Ramsey: If you would like to make a recommendation that when the Board so desires to see the concepts that we move these three forward, that would be great. Ms. Prosser moves to recommend that the three concepts be forwarded to the Board. Ms. Taylor second. 4 )b Z /b6 August 17, 2004 Ms. Taylor: I would like to see them titled. Ms. Prosser suggests that concept 3 is changed to concept 1. Concept 1 would then be the green space option; concept 2 would be the lake system and concept 3 would include the commercial area. Mr. Sorey: Would it be prudent for this committee to prioritize the concepts? We could officially present them in the order in which we recommend them. Would you amend your motion to state that we prioritize the three concepts with the caveat that one element may be taken from one concept, such as a lake, and used in another? Ms. Prosser: I'm happy to amend it for purposes of discussion. Mr. Ribes: If there is a possibility of picking and choosing I am concerned that we will end up with a compromised plan. I would suggest creating a concept with less water in it as a possibility. I do like the idea of reorganizing the numbers staring with the concept that has the least impact on the land. I do suggest that there is a little hierarchy in the lakes. I think we could accomplish the goal of that concept with less water. Ms. Taylor proposes the following titles: #1 — Maximum Greenspace #2 — The Lake System #3 — The Compromise Ms. Prosser suggests that #3 should be "Greenspace with Development" Mr. Tears suggests that the final outcome presented by the committee considers all the environmental issues and represents what is in the best interest of the public. Mr. Sorey: I thought that the idea to emphasize the linkage is a great idea. Mr. Delate reviews the suggested changes: • Emphasize the linkages • Hierarchy of the lakes (not all the same size, more designed) • A note that we will have to meet all environmental standards • Label the connections between the lakes and river • Re- titling that concepts (Concept 1 — Maximum Greenspace; Concept 2 — Lake System; Concept 3 — Greenspace with Development) `• Concept 2 will show a pathway around Lake #1 Ms. Taylor suggests that concept #2 should have a sub -title "Subject to environmental standards." Ms. Prosser suggests Greenspace /Lake Systems for Water Quality to make it clear that the lakes have a purpose and you could not have them without having the permitting for them. Mr. Tears: You also have to realize that the term lake could be marshlands, very shallow depressions; it just provides an opportunity for further water purification. Ms. Taylor: Maybe we could indicate Lake or Marshland. 5 l� - 4 August 17, 2004 Ms. Prosser confirms the title for #2 "Greenspace — Lake/Marsh System for Water Quality" Dave Morgan suggests that #3 be titled "Public/Private Partnership." Although it is not the first choice by any means it may be the only choice to compete with a developer. Mr. Sorey suggests "Greenspace — Public/Private Partnership." Ms. Prosser and Ms. Taylor agree with this title. Ms. Taylor suggests that the visual presentation of each concept is very important and perhaps color- coding the drawings would be helpful. Mr. Ribes: Looking at option #3, would it not make any sense to put a marsh or lake in the greenway? This would make it clear to the public that we may have to pick elements from each plan. Ms. Prosser: Are you suggesting a 4th concept? Mr. Ribes: I'm not sure we need a 4" concept. Ms. Taylor: I think it's important to separate these concepts. I don't want it to look like we are favoring the lakes by adding a lake to another concept. Ms. Prosser withdraws the motion. Ms. Prosser makes a motion to send to the Board of County Commissioners for their consideration three different concepts. Concept #1— Maximum Greenspace Concept #2 — Greenspace — Lake/Marsh System for Water Quality — this will include the path around lake #1 and re- sizing of the lakes. Concept #3 — Greenspace — Public /Private Partnership — include the acreage proposed to be sold (approximately 18 -20 acres) so the public understands. Mr. Sorey seconds. Mr. Tetzlaff indicates areas on the maps to ask about reducing the number of lakes to make the area friendlier for the current habitats and consider all interests. Mr. Sorey: I think the key idea is to convey that this is all conceptual and dependent upon various environmental and land surveys. Motion carries 5 -0. Z /62 lb 4� August 17, 2004 Ms. Taylor: I've created a folder at City Hall in the Sunshine Room where the public can review the minutes and other information. Ms. Prosser: I think it's important to emphasize that these are concepts subject to permitting and also that we have these maps in color. I think that will be so much easier for the public to see. Trust for Public Land — John Garrison, Florida Communities Trust (FTC) Mr. Garrison: The Trust for Public Land is a not - for - profit organization headquartered in San Francisco. We have offices in about 40 cities throughout the United States and over 400 employees. In Florida we have four offices: Miami, Jacksonville, Tallahassee and St. Petersburg. We have done thousands of land transactions. All of our transactions involve purchasing land and putting it into public ownership. "Land for people" is essentially our mission statement. We have acquired hundreds of thousands of acres across the country with a retail value of about $3.5 billion. In the process we have saved the public essentially $500 million. We bring the transaction in under market value whenever possible. We negotiate very hard to get the best possible terms in an acquisition. We actually act as principals in a transaction. We buy it with our own money and convey it to the public agency when their funding is in place. We handle the administrative processes required such as the appraisals, surveys and title work. We have in fact worked with the Fleischman family in the past, not in this area but in another area. Other large transactions that we have worked on include Cypress Gardens in Florida. We recognize that this is a unique and one time opportunity for Collier County. We view it as a very important project and one that fits our mission very closely. We would be able to compliment the money raised through your referendum with Florida Communities Trust funding. You can do this over a two year time period. Let's use the purchase price amount of $40 million as an example. The maximum amount you can receive from FTC in any given year is $9.9 million (it used to be $6.6 million.) If you match that 50150, there's your $40 million over two years. If it were $60 million, then it would be a three -year transaction, assuming the landowner is willing to give us three years. Obviously this will all be based on appraisals. We would like to work with you. If you decide you would like our services, just let us know. Ms. Taylor: Exactly when do you get involved? Is there a fee involved? Mr. Garrison: The sooner the better, right now would be the right time. We are non - profit and that is our mission. There is no fee to the county. We acquire the property and convey it to you at the same price. We are supported by charitable contributions. We would actually buy the property; hold it until your funding is in place. Obviously, for something this large we are not going to hold it for a long period of time. Ms. Prosser: Do we have to show dollar for dollar match before we get the funding for the next year. 7 /6 2 /b6 August 17, 2004 Mr. Garrison: You would have to put up the match prior to receiving that year's funding. I'm going to suggest a 50% match. Once you did the first year's transaction, then you would be able to come back for the second year. Ms. Brimser: I want to clarify that the $9.9 million has not officially been approved yet, but all indications show that it will be raised up this year. Also, if you are going to think about FTC money and your plan will affect how many points you are awarded. FTC will help you choose a plan that will get you the most points. Ms. Taylor: I would like to make a motion that we start a dialogue with Trust for Public Lands for acquisition of this property. Mr. Tears: Are we allowed to start discussions with them as a Blue Ribbon panel? Mr. Petitt: I don't see anything that would prevent you from having discussions with this group in these open meetings. You would ultimately make a recommendation to the Board of County Commissioners of what relationship the county should have with this group. Ms. Taylor: I would recommend that we have another meeting before September 10 and, depending on how this panel feels, make a recommendation to the Board of County Commissioners that they begin the process with Trust for Public Lands. Ms. Prosser asks Mr. Garrison if there is a proposal of some sort that the committee can review in advance of that early September meeting. Mr. Garrison would provide a letter that describes their services and how they would proceed with this acquisition. Ms. Ramsey suggests that staff can also begin a dialogue, as they do not require the approval of the Board of County Commissioners. Ms. Prosser: Perhaps staff can do this and make a recommendation to us at the next meeting. Ms. Ramsey will clarify if they need direction from the Board of County Commissioners, have dialogue with Trust for Public Lands and make a recommendation by the next meeting. We are still probably looking at 30 days before the next meeting. Ms. Taylor: I understand, from the presentation here, that FTC can purchase the property before the referendum, is that correct? Mr. Garrison: No. There is no way that we could actually close on the property until we knew your funding was, if not in place, at least committed. The first thing we would do is to get the property under option so it could not be sold to anyone else. A transaction like this is going to take quite a few months. rb6 i ' August 17, 2004 Ms. Prosser: If I understand, there are a couple of options here. There is some funding that TPL could put into this in addition to going to the FTC for a grant. Mr. Garrison: We wouldn't put acquisition dollars in, we would pay the due diligence expenses. I did bring some information about us, some national and state newsletters. David Morgan: Would you or the FTC endorse the referendum as we go out to talk about it? Mr. Garrison: Actually, we have a conservation finance department. We could not endorse the referendum but we could help you conduct it. We have assisted counties in Florida and all over the United States in conducting successful referendums to set aside money for land acquisition. We can help you with polling, formulating the ballot questions and, getting the information out to the citizens of the county. Mr. Sorey: You would be able to provide the staff and funds to do that, is that correct? Mr. Garrison: Yes. The Community Foundation — Bill Franz, Executive Vice President & Chief Operating Officer Mr. Franz: The Community Foundation is a not - for - profit organization that basically supports all of the not - for - profits in the community. We work with the general public to raise donations to create endowments to fund specific projects in perpetuity and also to pass money through to certain projects in the community. I have given the committee a summary of how we can assist in regards to the public donations. The Community Foundation of Collier County accepts donations on behalf of public projects and not - for - profit agencies. When a donor contributes money to the Community Foundation, they are eligible for a charitable deduction; those deductions are higher than a general not - for - profit. When we collect these funds they are used for specified projects as long as they are deemed to be charitable and for the best interest of the community at large. In situations such as this we can provide administrative services. We help several organizations with the administrative tasks that are necessary when accepting donations. As contributions come into the Community Foundation they become the legal property of the Community Foundation. There is an agreement in place; the dollars are earmarked for this project but they are still the property of the Community Foundation. There is a fee for this service of 1.25% of the amounts collected. Please note that if someone writes a $50 million check we will not cut $625,000 off the top. We would work with you to have some type of cap. That fee is to offset our costs. Disbursements will only be made to the Collier County Government or another not - for - profit. We do not want to get in the business of funding contractors, etc. That is best left to the administration of the project. W 16 -T /,b 6 August 17, 2004 If, for any reason, the project fails to come to fruition the foundation will work with the county to try to identify a similar project to channel those funds. Regardless of whether we are collecting donations for this project we would be willing to make resources and knowledge available to this project. On behalf of the foundation, please call us if you need anything. Ms. Prosser: I can say on behalf of the Conservancy that the foundation is a great resource. We may want to accept the offer to have you send information to your mailing list. Discussion on Fundine Options Ms. Ramsey: I think you heard a little bit today on funding options. The Florida Communities Trust was one of them. Of course the referendum is one of them. We really don't have anything firm on the private /public partnership. You've heard that there might be a resource for accepting donations. We don't have anything solid at this point in time but I still put that plea out there that if there are any private entities interested. Mr. Tetzlaff: We have heard from the Florida Communities Trust and the Community Foundation, the other groups that the public has asked about is Conservation Collier and Big Cypress Basin. What can they do? My other question is that I understand that you will work with developed land. In the worst case scenario, if the referendum fails, is there the potential that new land has been looked at for potential public use? Mr. Garrison: We would certainly look at any opportunity to assist. Ms. Ramsey: Are you suggesting that if this failed that a relocation of the zoo may occur? Mr. Tetzlaff: Yes, that is what I am suggesting. If Collier doesn't get a zoo then someone else is going to do it and we would like to keep it here. Mr. Tears: At this time I cannot commit to any funding from the Big Cypress Basin. There is opportunity, but anything I bring forth will have to go before the Basin board for their direction. Ms. Prosser: If we were in need of that funding, how long would the process take? Mr. Tears: There is an opportunity within several months. Ms. Prosser: As relates to Conservation Collier, there is of course a question of the amount of funds available. Certainly when we passed that initiative it was always with the Fleischman property being a poster child for what could be purchased. As a committee we are most interested in being as helpful as we can. The dollar amount is not yet clear. 10 /6 z tb� August 17, 2004 Old Business Ms. Ramsey: We received a letter from Senator Burt Saunders expressing his support. He also encourages contacting Florida Communities Trust. He too said he would be willing to contact the Fleischman family as well. Ms. Taylor: I spoke with Senator Saunders and he has been consistent with his support of greenspace and for the environment throughout his politically career. I think we have a very strong friend in this endeavor. Meeting Schedule Ms. Ramsey: I would like to have some idea of when to schedule the next meeting. Ms. Prosser: I will be out of town from September 16th through October 8th. You can certainly have the meeting without me if you would like. Ms. Ramsey: I can check the 10`h if that is an opportunity. Also, there are three to four different sets of minutes that need to be approved. There being no further business for the good of the County of Collier, the meeting was adjourned by the order of the Chair at 4:32 PM. bean Gardens Blue Ribbon Committee (Kathy Prosser) 11 /h a ILI�, September 10, 2004 CARIBBEAN GARDENS BLUE RIBBON COMMITTEE MEETING FRIDAY, SEPTEMBER 10, 2004 (a) 2.00 PM I. Call to Order II. New Business i. Approve Minutes of Prior Meeting Mr. Sorey motioned to approve the minutes. Second by Mr. Ribes. ii. Site Plan Review and Update Joe Delate showed his revised drawings. He changed concept number two. The title was changed to, The Green Space Lake Marsh System with Water Quality, Subject to Environmental Standards. Some of the lakes marshes were changed in space and location. He also added the lake marsh or filtering to the caption of the lake. The water management connections and a path around lake number one were added. Number one has now been titled "Maximum Green Space ". Number three has been re- titled to, Green Space A Public Private Property Mr. Sorey added that the label 1, 2 and 3 needs to say Conceptual Habitat Mrs. Nancy Payton of the Florida Wildlife Federation supports preserving the habitat. She questions as to how meaningful these lakes are going to be. Mrs. Marla Ramsey answered her questions by stating that the referendum is to save the Caribbean Zoo and to purchase any lands around it to do so. Mr. Joe Quintey Collier County Transportation has some access management concerns. He wants to work with the committee on more traffic signals around this area. Mr. Mike Derunts Principal Planner with the Community Development and Environmental Services wants to be of any assistance with the zoning in this area. Mr. John Ribes is concerned with four areas one with the lakes, one with the conceptual plans, the rendering and the possibility of another scheme. A suggestion is not to use the word lakes, but to use the term l6-7 a � September 10, 2004 water systems. Outline it so the public will know exactly where things are. Mr. Dex Grose states that Conceptual Plan should be added to this so the public can help envision what this could be. And they will know it's just a plan as of now. Mrs. Kathy Prosser entertained a motion to change each drawing to say conceptual on the bottom of the plan in block letters. Motioned by Mr. John Ribes. Second by Mr. Dex Grose. Discussion on Offer from Trust for Public Lands Mrs. Marla Ramsey read parts of a letter from the Trust for Public Land. "TPL will commit the resources necessary to bring this project to a successful conclusion. Although it is not possible to outline the actual project design and timeline at this early stage, the first step would be to identify and contact the owner or owners of the property and to being negotiations that could lead to securing an option contract on the property. TPL would not be acting as an agent of Collier County or under contract with the County. TPL would be a principal in the transaction. That is, we would acquire the property with our own capital and then convey the property to Collier County. TPL would attempt to negotiate an option contract that would allow sufficient time to carry out all necessary due diligence steps, including appraisals, boundary survey, environmental site assessment, title search, and title commitment, as well as the time necessary for Collier County to secure the very substantial funding necessary to complete this acquisition. Based on the anticipated magnitude of the purchase price, it may be desirable to try to negotiate a multi phase contract that would enable TPL to make the acquisition and conveyance of the property in more or less equal increments over a period of two, three, or even four years ". They've help Florida Community Trust with a parcel in Goodland and we came home with a million nine. Mr. Sorey moved to proceed forward with the Trust for Public Land to see if a definitive relationship can be developed. Second by Mr. John Ribes. Mrs. Prosser entertained a motion by Mr. Sorey moving to amend moving forward with legal council. Second by John Ribes. iv. Update on Other Grant Opportunities None III. Old Business September 10, 2004 Mr. Brad Cornell questioned the status of tourist development money. Mrs. Ramsey answered stating it hasn't been addressed yet. There's a very small amount in TDC that is allocated to non - county owned museums. IV. Meeting Schedule The next meeting of the Caribbean Gardens Blue Ribbon Committee is scheduled for October 11 at 2 p.m. V. Adjourn Mr. Sorey made a motion to adjourn. Second by Mr. Grose Caribbean Gardens Blue Ribbon Committee Date: �U - // _ O L/ jKathdyProsse , hairman Fiala _ Halas Henning Coyle Co1��Coletta ►e�r County Public Services Division Memo DATE: October 111 2004 TO: Sue Filson, Executive Manager to the BCC FROM: Kathy McLarty- Carpenter, Executive Secretary 011- SUBJECT: Minutes for the Caribbean Gardens Blue Ribbon Committee Sue, attached are the referenced minutes for the following meetings. August 17, 2004 September 10, 2004 /kmc Attachments /LI /lb(Z� August 17, 2004 CARIBBEAN GARDENS BLUE RIBBON COMMITTEE Board Meeting Room E, 3rd Floor, Administration Building 3301 Tamiami Trail East, Naples, FL 34112 3 o'clock, August 17, 2004 LET IT BE REMEMBERED, that the Caribbean Gardens Blue Ribbon Committee, in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION in Board Meeting Room E third floor, Administration Building, of the Government Complex, 3301 East Tamiami Trail, Naples, Florida with the following members present: Kathy Prosser - Chairperson Clarence Tears Penny Taylor John Ribes John Sorey III Collier County Staff: Mike Pettit, Chief Assistant, County Attorney's Office; Marla Ramsey, Interim Public Services Administrator Joe Delate, Collier County Parks and Recreation /1� �- / D � August 17, 2004 Approval of Minutes Ms. Prosser suggests that this is deferred until the members of the committee have a chance to review the minutes. Ms. Ramsey agrees and suggests that they should be referred to as minutes of the meeting, in lieu of "transcript." Ms. Prosser agrees. Site Plan Review and Update Ms. Ramsey: Joe Delate is here and has created site plans. We would like to go ahead and have Joe present those. We could then make some correction and suggestions and move on from there. Ms. Prosser: I would like the committee to consider a fourth site plan that would be the land remaining much in the conservation state that it is in. Ms. Taylor: My concern is public access and without parking, there will not be a lot of public access. Mr. Delate confirms that option 3 basically leaves the land for conservation with some recreation improvements. Option 2 has the water management and the recreation and option 1 is for recreation but includes a sale of part of the land. Furthermore, there is parking areas provided on all options. Ms. Prosser agrees that option 3 is closest to what she suggested. Mr. Delate presents all three drafts to the group and points out the various aspects included. Concept #1 • Caribbean Gardens & Zoo remains • A parking area is added off Goodlette Road • There is a preservation scrub area with a picnic pavilion with a restroom • There is a trail system that interfaces with the Conservancy as an existing grass parking area • There would be a potential bridge across the Old Gordon River; that would tie into a trail system that runs through the uplands of the property. • There are a series of docks with shelters that can be accessed through the Golden Gate Canal, Gordon River or Naples Bay • There is connection linkage to the north and the south. • Some area on the northern area is zoned commercial as part of the out parcel. This could be sold and possibly zoned for mixed use or a commercial use. This is approximately 18 to 20 acres. Concept #2 — Gardens, Storm water & Recreation • Caribbean Gardens & Zoo remains • A parking area is added off Goodlette Road • There is a preservation scrub area with a picnic pavilion with a restroom PA /63- l D6 August 17, 2004 • There is a trail system that interfaces with the Conservancy as an existing grass parking area • There would be a potential bridge across the Old Gordon River; that would tie into a trail system that runs through the uplands of the property. • Boardwalk area through the mangroves • Linkage to north and south • Series of pathways around at least five lakes that would be storm water management that would control storm water that comes down the Gordon River Basin. This would potentially clean that storm water before it is released back into Naples Bay. • Shelters and docks would be interspersed through the lakes • There would be parking on the north end. • The area along Golden Gate Parking would have vegetation, restoration and lakes. • Lake 1 should show a pathway around it Mr. Sorey: Is there an environmental or habitat reason not to do the string of lakes? Mr. Delate: I wouldn't go that far. I would say that the area for lake number 1 has a lot of Brazilian pepper. I would say the rest of the lakes are in an area that is vegetative, it might have some Australian pine. I tried to keep them out of where the mangroves are located. If this thing is ever developed a jurisdictional wetlands survey and environmental analysis will have to be done. Ms. Prosser: I will add that I think the Fleishman family has had a plan done of all of the vegetation and lakes 2, 3, 4 and perhaps 5 are great scrub habitat with a lot of gopher tortoises on there. Mr. Ribes: Do feel that storm water lakes are a requirement? Mr. Delate: It wasn't a requirement; it was an idea that came up in response to the runoff pollution problem with Naples Bay. Mr. Ribes: but it does provide a very important function countywide. Mr. Sorey: An important function as well as possible financial assistance, that is another positive aspect of this concept. Mr. Delate: Keep in mind that not one of these projects has to be done in its entirety. It could be bits and pieces of every one of them. I don't think any one of them has to be the answer by itself. Concept #3 • This is in response to a suggestion that we provide passive recreation • It is similar to concept 2 without the lakes Ms. Taylor: I think we are not going to choose at all; these are just concepts to present to the public. 3 August 17, 2004 Mr. Sorey: I would hope this committee would make a recommendation to attempt to do this without selling off any of the property. I would hope that Concepts 2 and 3 are the ones endorsed by this committee. Mr. Ribes: I would like to go on record now, even though we might not be selecting, supporting concept 2. It keeps green and open space but provides an improvement in water quality countywide. I would think the linkage connections are extremely important and should be emphasized. I suppose if it were necessary, we would have to keep concept 1 as an option if we need the finances. Ms. Ramsey: The Board of County Commissioners asked this committee to look for all viable opportunities as well as land uses so we may come up with something the committee would strongly like to see. I think the three concepts would go to the Board in November and then we would have something to directly work off of depending on the vote. If it does not pass there are opportunities for other private /public partnerships that may, unfortunately, be a little more extreme that may be taken into consideration. Mr. Sorey: We need to come up with a concept that we can present to the voters. Ms. Ramsey: I think the committee is here to look at options if this doesn't pass referendum. Dave Morgan: Are there any plans to increase the size of the zoo? I know we had talked about the possibility of a better zoo experience and perhaps, working with the Conservancy, a wildlife rehabilitation center. Ms. Prosser: I can only tell you that, from conversations with the Tetzlaff's, they are mainly interested in keeping what they currently have. David Tetzlaff. In looking at concept #2, this looks like a great one. I understand that finances have to be considered, but in terms of selling off the property this could be looked at as a bait and switch. If you are talking about a greens space, is it going to stay a green space? Regarding the question about the actual expansion of the zoo that could be done in concept #2 if lake #1 could be pushed south and interfaced with our primate lake. The wildlife rehabilitation possibility is not out of the question. Ms. Taylor: I think it is important to understand that these are conceptual. These are all subject to environmental, water quality and financial issues. Ms. Prosser: I think we have to make it clear that any one of these scenarios is possible if the referendum passes or if it does not pass. Ms. Ramsey: If you would like to make a recommendation that when the Board so desires to see the concepts that we move these three forward, that would be great. Ms. Prosser moves to recommend that the three concepts be forwarded to the Board. Ms. Taylor second. 4 167- ebb August 17, 2004 Ms. Taylor: I would like to see them titled. Ms. Prosser suggests that concept 3 is changed to concept 1. Concept 1 would then be the green space option; concept 2 would be the lake system and concept 3 would include the commercial area. Mr. Sorey: Would it be prudent for this committee to prioritize the concepts? We could officially present them in the order in which we recommend them. Would you amend your motion to state that we prioritize the three concepts with the caveat that one element may be taken from one concept, such as a lake, and used in another? Ms. Prosser: I'm happy to amend it for purposes of discussion. Mr. Ribes: If there is a possibility of picking and choosing I am concerned that we will end up with a compromised plan. I would suggest creating a concept with less water in it as a possibility. I do like the idea of reorganizing the numbers staring with the concept that has the least impact on the land. I do suggest that there is a little hierarchy in the lakes. I think we could accomplish the goal of that concept with less water. Ms. Taylor proposes the following titles: #1 — Maximum Greenspace 42 — The Lake System #3 — The Compromise Ms. Prosser suggests that #3 should be "Greenspace with Development" Mr. Tears suggests that the final outcome presented by the committee considers all the environmental issues and represents what is in the best interest of the public. Mr. Sorey: I thought that the idea to emphasize the linkage is a great idea. Mr. Delate reviews the suggested changes: • Emphasize the linkages • Hierarchy of the lakes (not all the same size, more designed) • A note that we will have to meet all environmental standards • Label the connections between the lakes and river • Re- titling that concepts (Concept 1 — Maximum Greenspace; Concept 2 — Lake System; Concept 3 — Greenspace with Development) • Concept 2 will show a pathway around Lake #1 Ms. Taylor suggests that concept #2 should have a sub -title "Subject to environmental standards." Ms. Prosser suggests Greenspace /Lake Systems for Water Quality to make it clear that the lakes have a purpose and you could not have them without having the permitting for them. Mr. Tears: You also have to realize that the term lake could be marshlands, very shallow depressions; it just provides an opportunity for further water purification. Ms. Taylor: Maybe we could indicate Lake or Marshland. /6 -�_ /b � August 17, 2004 Ms. Prosser confirms the title for #2 "Greenspace — Lake/Marsh System for Water Quality" Dave Morgan suggests that #3 be titled "Public/Private Partnership." Although it is not the first choice by any means it may be the only choice to compete with a developer. Mr. Sorey suggests "Greenspace — Public /Private Partnership." Ms. Prosser and Ms. Taylor agree with this title. Ms. Taylor suggests that the visual presentation of each concept is very important and perhaps color- coding the drawings would be helpful. Mr. Ribes: Looking at option #3, would it not make any sense to put a marsh or lake in the greenway? This would make it clear to the public that we may have to pick elements from each plan. Ms. Prosser: Are you suggesting a 4t" concept? Mr. Ribes: I'm not sure we need a 4t" concept. Ms. Taylor: I think it's important to separate these concepts. I don't want it to look like we are favoring the lakes by adding a lake to another concept. Ms. Prosser withdraws the motion. Ms. Prosser makes a motion to send to the Board of County Commissioners for their consideration three different concepts. Concept #1— Maximum Greenspace Concept #2 — Greenspace — Lake /Marsh System for Water Quality — this will include the path around lake #1 and re- sizing of the lakes. Concept #3 — Greenspace — Public /Private Partnership — include the acreage proposed to be sold (approximately 18 -20 acres) so the public understands. Mr. Sorey seconds. Mr. Tetzlaff indicates areas on the maps to ask about reducing the number of lakes to make the area friendlier for the current habitats and consider all interests. Mr. Sorey: I think the key idea is to convey that this is all conceptual and dependent upon various environmental and land surveys. Motion carries 5 -0. 3 > �,:. I .D 6 August 17, 2004 Ms. Taylor: I've created a folder at City Hall in the Sunshine Room where the public can review the minutes and other information. Ms. Prosser: I think it's important to emphasize that these are concepts subject to permitting and also that we have these maps in color. I think that will be so much easier for the public to see. Trust for Public Land — John Garrison, Florida Communities Trust (FTC) Mr. Garrison: The Trust for Public Land is a not - for - profit organization headquartered in San Francisco. We have offices in about 40 cities throughout the United States and over 400 employees. In Florida we have four offices: Miami, Jacksonville, Tallahassee and St. Petersburg. We have done thousands of land transactions. All of our transactions involve purchasing land and putting it into public ownership. "Land for people" is essentially our mission statement. We have acquired hundreds of thousands of acres across the country with a retail value of about $3.5 billion. In the process we have saved the public essentially $500 million. We bring the transaction in under market value whenever possible. We negotiate very hard to get the best possible terms in an acquisition. We actually act as principals in a transaction. We buy it with our own money and convey it to the public agency when their funding is in place. We handle the administrative processes required such as the appraisals, surveys and title work. We have in fact worked with the Fleischman family in the past, not in this area but in another area. Other large transactions that we have worked on include Cypress Gardens in Florida. We recognize that this is a unique and one time opportunity for Collier County. We view it as a very important project and one that fits our mission very closely. We would be able to compliment the money raised through your referendum with Florida Communities Trust funding. You can do this over a two year time period. Let's use the purchase price amount of $40 million as an example. The maximum amount you can receive from FTC in any given year is $9.9 million (it used to be $6.6 million.) If you match that 50150, there's your $40 million over two years. If it were $60 million, then it would be a three -year transaction, assuming the landowner is willing to give us three years. Obviously this will all be based on appraisals. We would like to work with you. If you decide you would like our services, just let us know. Ms. Taylor: Exactly when do you get involved? Is there a fee involved? Mr. Garrison: The sooner the better, right now would be the right time. We are non - profit and that is our mission. There is no fee to the county. We acquire the property and convey it to you at the same price. We are supported by charitable contributions. We would actually buy the property; hold it until your funding is in place. Obviously, for something this large we are not going to hold it for a long period of time. Ms. Prosser: Do we have to show dollar for dollar match before we get the funding for the next year. /1Z -b (,::, August 17, 2004 Mr. Garrison: You would have to put up the match prior to receiving that year's funding. I'm going to suggest a 50% match. Once you did the first year's transaction, then you would be able to come back for the second year. Ms. Brimser: I want to clarify that the $9.9 million has not officially been approved yet, but all indications show that it will be raised up this year. Also, if you are going to think about FTC money and your plan will affect how many points you are awarded. FTC will help you choose a plan that will get you the most points. Ms. Taylor: I would like to make a motion that we start a dialogue with Trust for Public Lands for acquisition of this property. Mr. Tears: Are we allowed to start discussions with them as a Blue Ribbon panel? Mr. Petitt: I don't see anything that would prevent you from having discussions with this group in these open meetings. You would ultimately make a recommendation to the Board of County Commissioners of what relationship the county should have with this group. Ms. Taylor: I would recommend that we have another meeting before September 14`h and, depending on how this panel feels, make a recommendation to the Board of County Commissioners that they begin the process with Trust for Public Lands. Ms. Prosser asks Mr. Garrison if there is a proposal of some sort that the committee can review in advance of that early September meeting. Mr. Garrison would provide a letter that describes their services and how they would proceed with this acquisition. Ms. Ramsey suggests that staff can also begin a dialogue, as they do not require the approval of the Board of County Commissioners. Ms. Prosser: Perhaps staff can do this and make a recommendation to us at the next meeting. Ms. Ramsey will clarify if they need direction from the Board of County Commissioners, have dialogue with Trust for Public Lands and make a recommendation by the next meeting. We are still probably looking at 30 days before the next meeting. Ms. Taylor: I understand, from the presentation here, that FTC can purchase the property before the referendum, is that correct? Mr. Garrison: No. There is no way that we could actually close on the property until we knew your funding was, if not in place, at least committed. The first thing we would do is to get the property under option so it could not be sold to anyone else. A transaction like this is going to take quite a few months. /4 Z /D ( August 17, 2004 Ms. Prosser: If I understand, there are a couple of options here. There is some funding that TPL could put into this in addition to going to the FTC for a grant. Mr. Garrison: We wouldn't put acquisition dollars in, we would pay the due diligence expenses. I did bring some information about us, some national and state newsletters. David Morgan: Would you or the FTC endorse the referendum as we go out to talk about it? Mr. Garrison: Actually, we have a conservation finance department. We could not endorse the referendum but we could help you conduct it. We have assisted counties in Florida and all over the United States in conducting successful referendums to set aside money for land acquisition. We can help you with polling, formulating the ballot questions and, getting the information out to the citizens of the county. Mr. Sorey: You would be able to provide the staff and funds to do that, is that correct? Mr. Garrison: Yes. The Community Foundation-- Bill Franz, Executive Vice President & Chief Oaeratin2 Officer Mr. Franz: The Community Foundation is a not - for - profit organization that basically supports all of the not - for - profits in the community. We work with the general public to raise donations to create endowments to fund specific projects in perpetuity and also to pass money through to certain projects in the community. I have given the committee a summary of how we can assist in regards to the public donations. The Community Foundation of Collier County accepts donations on behalf of public projects and not - for - profit agencies. When a donor contributes money to the Community Foundation, they are eligible for a charitable deduction; those deductions are higher than a general not - for - profit. When we collect these funds they are used for specified projects as long as they are deemed to be charitable and for the best interest of the community at large. In situations such as this we can provide administrative services. We help several organizations with the administrative tasks that are necessary when accepting donations. As contributions come into the Community Foundation they become the legal property of the Community Foundation. There is an agreement in place; the dollars are earmarked for this project but they are still the property of the Community Foundation. There is a fee for this service of 1.25% of the amounts collected. Please note that if someone writes a $50 million check we will not cut $625,000 off the top. We would work with you to have some type of cap. That fee is to offset our costs. Disbursements will only be made to the Collier County Government or another not - for - profit. We do not want to get in the business of funding contractors, etc. That is best left to the administration of the project. 0 16 Z l ,bh August 17, 2004 If, for any reason, the project fails to come to fruition the foundation will work with the county to try to identify a similar project to channel those funds. Regardless of whether we are collecting donations for this project we would be willing to make resources and knowledge available to this project. On behalf of the foundation, please call us if you need anything. Ms. Prosser: I can say on behalf of the Conservancy that the foundation is a great resource. We may want to accept the offer to have you send information to your mailing list. Discussion on Funding Options Ms. Ramsey: I think you heard a little bit today on funding options. The Florida Communities Trust was one of them. Of course the referendum is one of them. We really don't have anything firm on the private /public partnership. You've heard that there might be a resource for accepting donations. We don't have anything solid at this point in time but I still put that plea out there that if there are any private entities interested. Mr. Tetzlaff: We have heard from the Florida Communities Trust and the Community Foundation, the other groups that the public has asked about is Conservation Collier and Big Cypress Basin. What can they do? My other question is that I understand that you will work with developed land. In the worst case scenario, if the referendum fails, is there the potential that new land has been looked at for potential public use? Mr. Garrison: We would certainly look at any opportunity to assist. Ms. Ramsey: Are you suggesting that if this failed that a relocation of the zoo may occur? Mr. Tetzlaff: Yes, that is what I am suggesting. If Collier doesn't get a zoo then someone else is going to do it and we would like to keep it here. Mr. Tears: At this time I cannot commit to any funding from the Big Cypress Basin. There is opportunity, but anything I bring forth will have to go before the Basin board for their direction. Ms. Prosser: If we were in need of that funding, how long would the process take? Mr. Tears: There is an opportunity within several months. Ms. Prosser: As relates to Conservation Collier, there is of course a question of the amount of funds available. Certainly when we passed that initiative it was always with the Fleischman property being a poster child for what could be purchased. As a committee we are most interested in being as helpful as we can. The dollar amount is not yet clear. 10 14� z IL( August 17, 2004 Old Business Ms. Ramsey: We received a letter from Senator Burt Saunders expressing his support. He also encourages contacting Florida Communities Trust. He too said he would be willing to contact the Fleischman family as well. Ms. Taylor: I spoke with Senator Saunders and he has been consistent with his support of greenspace and for the environment throughout his politically career. I think we have a very strong friend in this endeavor. Meeting Schedule Ms. Ramsey: I would like to have some idea of when to schedule the next meeting. Ms. Prosser: I will be out of town from September 16th through October 8th. You can certainly have the meeting without me if you would like. Ms. Ramsey: I can check the 10th if that is an opportunity. Also, there are three to four different sets of minutes that need to be approved. There being no further business for the good of the County of Collier, the meeting was adjourned by the order of the Chair at 4:32 PM. aribbean Gardens Blue Ribbon Committee (Kathy Prosser) 11 September 10, 2004 /47 ILI CARIBBEAN GARDENS BLUE RIBBON COMMITTEE MEETING FRIDAY, SEPTEMBER 10, 2004 (u) 2.00 PM I. Call to Order II. New Business i. Approve Minutes of Prior Meeting Mr. Sorey motioned to approve the minutes. Second by Mr. Ribes. ii. Site Plan Review and Update Joe Delate showed his revised drawings. He changed concept number two. The title was changed to, The Green Space Lake Marsh System with Water Quality, Subject to Environmental Standards. Some of the lakes marshes were changed in space and location. He also added the lake marsh or filtering to the caption of the lake. The water management connections and a path around lake number one were added. Number one has now been titled "Maximum Green Space ". Number three has been re- titled to, Green Space A Public Private Property Mr. Sorey added that the label 1, 2 and 3 needs to say Conceptual Habitat Mrs. Nancy Payton of the Florida Wildlife Federation supports preserving the habitat. She questions as to how meaningful these lakes are going to be. Mrs. Marla Ramsey answered her questions by stating that the referendum is to save the Caribbean Zoo and to purchase any lands around it to do so. Mr. Joe Quintey Collier County Transportation has some access management concerns. He wants to work with the committee on more traffic signals around this area. Mr. Mike Derunts Principal Planner with the Community Development and Environmental Services wants to be of any assistance with the zoning in this area. Mr. John Ribes is concerned with four areas one with the lakes, one with the conceptual plans, the rendering and the possibility of another scheme. A suggestion is not to use the word lakes, but to use the term /�2 / 4bl September 10, 2004 water systems. Outline it so the public will know exactly where things are. Mr. Dex Grose states that Conceptual Plan should be added to this so the public can help envision what this could be. And they will know it's just a plan as of now. Mrs. Kathy Prosser entertained a motion to change each drawing to say conceptual on the bottom of the plan in block letters. Motioned by Mr. John Ribes. Second by Mr. Dex Grose. Discussion on Offer from Trust for Public Lands Mrs. Marla Ramsey read parts of a letter from the Trust for Public Land. "TPL will commit the resources necessary to bring this project to a successful conclusion. Although it is not possible to outline the actual project design and timeline at this early stage, the first step would be to identify and contact the owner or owners of the property and to being negotiations that could lead to securing an option contract on the property. TPL would not be acting as an agent of Collier County or under contract with the County. TPL would be a principal in the transaction. That is, we would acquire the property with our own capital and then convey the property to Collier County. TPL would attempt to negotiate an option contract that would allow sufficient time to carry out all necessary due diligence steps, including appraisals, boundary survey, environmental site assessment, title search, and title commitment, as well as the time necessary for Collier County to secure the very substantial funding necessary to complete this acquisition. Based on the anticipated magnitude of the purchase price, it may be desirable to try to negotiate a multi phase contract that would enable TPL to make the acquisition and conveyance of the property in more or less equal increments over a period of two, three, or even four years ". They've help Florida Community Trust with a parcel in Goodland and we came home with a million nine. Mr. Sorey moved to proceed forward with the Trust for Public Land to see if a definitive relationship can be developed. Second by Mr. John Ribes. Mrs. Prosser entertained a motion by Mr. Sorey moving to amend moving forward with legal council. Second by John Ribes. iv. Update on Other Grant Opportunities None III. Old Business /62 /b6=, September 10, 2004 Mr. Brad Cornell questioned the status of tourist development money. Mrs. Ramsey answered stating it hasn't been addressed yet. There's a very small amount in TDC that is allocated to non - county owned museums. IV. Meeting Schedule The next meeting of the Caribbean Gardens Blue Ribbon Committee is scheduled for October 11 at 2 p.m. V. Adjourn Mr. Sorey made a motion to adjourn. Second by Mr. Grose Caribbean Gardens Blue Ribbon Committee —IS A Date: /D - // U t_l Kathy Prosse , hairman Col �ie-r County Public Services Division Memo DATE: October 11, 2004 /62 /b6 RECEIVED NOV 0 8 200+ Board of CountY Commissioners TO: Sue Filson, Executive Manager to the BCC FROM: Kathy McLarty- Carpenter, Executive Secretary SUBJECT: Minutes for the Caribbean Gardens Blue Ribbon Committee Sue, attached are the minutes for the October 11, 2004 Caribbean Gardens Blue Ribbon Committee Meeting. /kmc Attachments l(�2 /b(,n CARIBBEAN GARDENS BLUE RIBBON COMMITTEE Board Meeting Room E, 3rd Floor, Administration Building 3301 Tamiami Trail East, Naples, FL 34112 2 o'clock, October 11, 2004 LET IT BE REMEMBERED, that the Caribbean Gardens Blue Ribbon Committee, in and for the County of Collier, having conducted business herein, met on this date at 2:00 PM in REGULAR SESSION in Board Meeting Room E third floor, Administration Building, of the Government Complex, 3301 East Tamiami Trail, Naples, Florida with the following members present: Kathy Prosser - Chairperson Clarence Tears Penny Taylor John Ribes John Sorey III Dexter Groose Collier County Staff: Heidi Ashton, County Attorney's Office; Marla Ramsey, Interim Public Services Administrator Joe Delate, Collier County Parks and Recreation Chuck Carrington, Real Estate Services 16-1 1b(.0 I. CALL TO ORDER The meeting was called to order at 2:05 pm. II. NEW BUSINESS i. Approve Minutes of Prior Meetings (August 17th and September 10th) Ms. Ramsey: Everyone should have read the electronic copies. I know there were some spelling errors. Ms. Taylor: Can we have the dates of those meetings? Ms. Ramsey: We're doing two, August 17th and September 10th Ms. Taylor: I received August 17th and made a note electronically about a misspelling. That was corrected so I would like to make a motion to approve the minutes from August 17th Mr. Sorey second. Motion carries 6 -0. Mr. Sorey makes a motion to approve the minutes from September 10th Mr. Ribes second. Motion carries 5 -0. Ms. Taylor abstained from voting because she did not receive the minutes. ii. Offer from Trust for Public Lands 1. Attorney's Opinion Ms. Prosser: Most of you will recall that we had a presentation by Trust for Public Lands (TPL) regarding their interest in helping us. We did want to get an opinion from the County Attorney's Office. Ms. Ashton: I read the letter; it is not real clear to me exactly what you want to do. I guess there are two options. One would be that TPL could come and publicly discuss this. If you think it is a good idea then you could request for the Board of County Commissioners to issue a recommendation if they want to proceed into an agreement with TPL. I ask that staff get additional information for the Board of County Commissioners. I expect that TPL is expecting to get paid. I don't have any background on this. Ms. Ramsey: John Garrison from TPL is here if you would like to ask any questions. K 16_U_ 11)� Ms. Prosser: I thought at our last meeting we asked staff to take the steps necessary to work with TPL. We were very interested in working with them in a partnership. Ms. Ramsey: There was a side discussion that we needed an attorney's opinion to clarify what we can do. If there were additional questions that you had this may be a good opportunity for Mr. Garrison to answer some of them. We are also working with TPL through real estate services; they could give you an opinion as well. Ms. Ashton: I think the board is also going to want to know how far along we are with the proposed funding sources of if the referendum passes in November before they make any commitment. Ms. Prosser: Do any of the committee members have questions? Mr. Sorey: They were all answered at the last meeting. Ms. Prosser: Is there anything, Mr. Garrison that you would like to say to this committee? Mr. Garrison: I would like to clarify that we would not work under a contract and there is no fee. We, in fact, work as an independent agent. Our services come without a fee; its part of our non- profit mission. We would facilitate the transaction, negotiate with the landowner and carry out all necessary due diligence. Negotiations for purchase price would be based on multiple appraisals. Based upon the availability of funding we would bring it to the committee for a decision, to see if you want to purchase it based on the terms we were able to negotiate. We would then acquire it ourselves and convey it to the county at the appropriate time. Ms. Ramsey: The only time that we took anything to the Board of County Commissioners to get approval was a grant through the FCT. We never had an agreement with TPL in that regard so it's really not in writing, but they want to make sure funding is available before they actually sign off on it. Mr. Garrison: I have actually had preliminary discussions with the landowner and representatives. They would prefer to see what happens on November 2 "d. If that is successful that's wonderful. If not, we have to take another look and see if this is really a feasible project. At this point, looking at other funding sources, I don't see how it will happen. Certainly those other sources can compliment county funds and we will certainly help with applying for those grants. 2. Move Forward with TPL and Provide Report Ms. Taylor: I would like to move that, pending the results of the election, that TPL becomes the facilitator for the purchase. Mr. Garrison: At that point we would ask that we are the only party negotiating for this purchase, that no other entity contacts the landowner. Ms. Taylor: I would like to make a motion to move this forward pending questions that are answered by Ms. Ramsey (I know you had a couple of questions that you wanted to put into the 3 U2 f t� ( report, but this report is sent to the Board of County Commissioners) that TPL will be the facilitator pending results of the November 2 °a election. Mr. Sorey second. Motion carries 6 -0. iii. Update on Referendum Ballot Ray Carrol: As you know, we were delayed in our start by the weather but we discovered that everyone wants to help; we have not identified any organized opposition. We are trying to identify voters that don't know enough about this to know that they want to vote yes. We have developed a website with a great list of frequently asked questions, maps and contact information. We created printed materials such as t- shirts, bumper stickers and pins. We mailed letters and continue to identify new sources of funding. We meet every Monday at 4 pm at the Conservancy. Mr. Carrol: We need more volunteers to load data electronically. We need poll workers, we need people who will stand and hold signs. Ms. Prosser: I assume you also need money. Mr. Carrol: We need money. The day will come soon when we can't spend any more money. Mr. Sorey: What is the cutoff? Mr. Carrol: About ten days prior to the election, we cannot receive any more money Ms. Taylor: When is the editorial going to come out in the Naples Daily News? Mr. Carrol: I don't have a promise. Ms. Prosser: They will do something. Mr. Carrol: I would expect that, but we did not discuss that. I would love to hear your ideas. Ms. Taylor: The Republican Party, the executive committee? Mr. Carrol: Yes, the executive committee unanimously endorsed our program. Ms. Taylor: They will have poll workers though I don't know what their policy is. Also, many times, people will tear the recommendations out of the Naples Daily News and bring it to the polls with them. If you get a thumbs up on it make many copies. Mr. Carrol: I know if they believe in this as strongly as we do they will do the right thing. I think they are going to speak out on the issue. 4 III. OLD BUSINESS Ms. Ramsey: Just one old business item. Did you receive copies of the color version of the site plans? Ms. Prosser: Any comments on that? There were no comments or questions from the committee members regarding the color versions of the site plans. Pat Carrol: I am here as Chair of the Southwest Florida Land Preservation Trust. Our main focus now is to promote and construct of the Gordon River Greenway. The Fleishmann land acquisition program has shed new light on this task. Ms. Carrol uses a map to indicate existing and conceptual greenways in the area. Mr. Sorey: I was delighted that my fellow council members supported funds to do the engineering of a portion of you r project. I am optimistic that the funding will be appropriated. Ms. Carrol: I have two other comments. We are working closely with Diane Flagg and we have a solid group of volunteers that are willing to put forth the time to complete this project. Mr. Ramsey: I think this is an excellent project and I think if there was ever a good marriage between two projects, this is it. Ms. Prosser: Speaking of excellent marriages I would like to thank both Mr. & Mrs. Carrol for their leadership in this project. Mr. Sorey: For the record I want to disclose that I serve on the Board of the Southwest Florida Land Preservation Trust. IV. MEETING SCHEDULE The next meeting was scheduled for Thursday, November 4th at 2:00 pm. V. ADJOURN Ms. Taylor made a motion to adjourn; Mr. Ramsey seconded. Motion carries 6 -0. There being no further business for the good of the County of Collier, the meeting was adjourned by the order of the Chair at 2:35 PM. 5 I &Z I Dlc� Caribbean GVdens Blue Ribbon Committee Prosser) 4Z IL I CO COUNTY PUBLIC UTILITIES DIVISION 3301 East Tamiami Trail • Naples, Florida 341.12 + (239) 732 -2575 • FAX (239) 732 -2526 October 14, 2004 Mr. Ray Engstrand 705 Lambton Lane Naples, FL 34104 Account #05403578101 Dear Mr. Engstrand: Certified Mail #7000 -1670- 0004 - 3393 -5718 L' %�� °�� OCT 1 ' 2004 I have been forwarded a copy of your October 2, 2004 letter addressed to the Clerk of the Circuit Court, and a copy of the Clerk's October 8, 2004 response noting that he was forwarding your letter to the Board of County Commissioners. You and I have exchanged numerous telephone calls, emails and letters attempting to resolve the events related to the change out of your water meter. (See attached enclosures.) As I am sure you recall, your old water meter was installed in December 1994. That meter was replaced earlier this year with an updated electronic; illetci that is outfitted with radio -read capability. The replacement of your meter is part of an ongoing County -wide meter change out program required to maintain the integrity of the meter network infrastructure due to the fact that, as meters age, they slow down in their "read" capability and, therefore, measure flow inaccurately. From our prior discussions, I have documented two main issues to which you have requested resolution. First, you initiated communications starting at the end of April 2004 to Utility Billing and Customer Service, including direct contact with Mr. John Yonkosky. Mr. Yonkosky and his organization did not provide you with the level of service that is typical of both he and his organization. That was not acceptable, and he has apologized to you extensively, both verbally and in writing. Further, I have conducted follow -up counseling with Mr. Yonkoskv; and he has done likewise with his staff. I can assure you that in Mr. Yonkosky and his staff's routine handling of a 45,000 - plus- customer base, mishaps in customer service are very infrequent. Not withstanding this lapse in customer service, the real underlying issue is the payment due for the water usage and the meter testing. In reference to.the topic of inaccurate meter calibration, you have requested a 10% refund of your water charges for the period January through July 2004. hi our prior verbal and written discussions we agree to ILO( ) 061 Itz /6'7 Mr. Ray Engstrand October 14, 2004 Page 2 testing of the meter in question. During those discussions I perceived that you would not be satisfied with an evaluation of the meter calibration by our internal staff. As a result, I offered to have the radio -read meter tested by the manufacturer; at that time you did not object to the manufacturer doing the testing. The charge to you whether we tested the meter in -house or at the manufacturer would still be $75. I understand that you feel strongly that your testing methodology satisfied you that the meter was registering inaccurately, and I also recognize that your testing has verified the accuracy of the newest installed meter. Nevertheless, the radio -read meter was tested by the manufacturer, and certified to be well within the designed accuracy range. hl further reference to the second issue, throughout our conversations I have noted to you that the ordinance -based meter testing charge of $75 would be waived if the meter proved to be inaccurate in its readings. I also agreed to your refund request if the meter was proved to be inaccurate in its readings. Likewise, I noted to you that I could not waive the testing charge, nor honor the refund request, if the meter readings were proven to be accurate. It is unfortunate that the situation described in the first issue occurred as it is not typical of Collier County procedures and we have apologized several times. In regard to the SPCG1mQ issue, 1 canno C.malmgC lmmy' pGS111on iii Le1nIs Gf the actual cimargCS limCLiITCu t0 respond to your concern about the manufacturer - conducted meter testing certifying a valid calibration of the meter and that this meter is measuring usage accurately. As a result, I am requesting that you submit the $75 fee within 30 days. Sincerely, I Thomas G. Wides Operations Director Collier County Public Utilities Enclosures Cc: Commissioner Donna Fiala, District 1 Commissioner Franlc Halas, District 2 Commissioner Tom Hemming, District 3 Commissioner Fred W. Coyle, District 4 Commissioner Jim Coletta, District 5 .Tames V. Mudd, County Manager Leo Ochs, Deputy County Manager James W. DeLony, Public Utilities Administrator 1( --7- ('b 7 Mr. Engstrand Issues Timeline Date To /From Activity April 26, 2004 Engstrand /CC Telephoned UBCS on April 26, 2004; waited 15 minutes for busy message. Telephoned UBCS April 26"'; waited 25 minutes prior to response. April 30, 2004 Engstrand /Yonkosky Exhibit 1 — Letter complaint filed; noted in letter that he would be out of town until May 15, 2004. May 30, 2004 Engstrand /Yonkosky Exhibit 2 - Letter asking for a response to April 30`x' letter. June 3, 2004 Yonkosky /Engstrand Exhibit 3 — Email - Yonkosky responded that Mr. Engstrand should have a response by June 4`' Apologized for not responding to April 30"' letter. June 10, 2004 Engstrand /Yonkosky Exhibit 4 - Email to Yonkosky; have not received promised letter. July 7, 2004 Engstrand/Mudd Exhibit .5 — Letter to Mudd re Yonkosky had not responded by June l0"'; and not thereafter. July 16, 2004 Yonkosky /Engstrand Exhibit 6 — Letter apology for breakdown in follow -up response. Original meter installed December 1994; water meters tend to slow down over time. Offers to send the meter to the factory for testing. Utility Tech conducted manual read of meter and tested against the electronic read. Also tested electronic connection accuracy. July 24, 2004 Engstrand /Mudd Exhibit 7 — Letter requesting independent outside investigation of Utility Billing operation. Requested that "... the water meter manufacturer to install a new electronic meter that has been flow tested and certified ..." July 28, 2004 Wides /Engstrand Wides contacted Mr. Engstrand; got answering machine. July 30, 2004 Wides /Engstrand Exhibit 8 — Email - Followed up 7/29 discussion with an email, and a certified letter. August 2, 2004 Wides /Engstrand Exhibit 9 - Certified letter August 2, 2004 Enstrand /Wides Exhibit 10 - Email from Engstrand — he checked the meter and found it in error ( +3 %). -1- 42 /b7 August 2, 2004 Wides /Engstrand Exhibit 11 — Email to Engstrand, reiterated that the meter does test as registering correctly. August 3, 2004 Wides /Engstrand Exhibit 13/13 - Email from Wides; status on the meter changout. Engstrand /Wides Mr. Engstrand tested new meter — tests "exactly correct ". August 20, 2004 Wides /Engstrand Called Engstrand with test results of original meter. August 20, 2004 Engstrand /Wides Exhibit 14 — Mr. Engstrand stated he did not received test results. August 23, 2004 Wides /Engstrand Exhibit 15 — Emailed Mr. Engstrand with test results. Noted that there would be no reduction for usage and would need to charge $75. Also reiterated that we had agreed to put the inadequate level of service behind us in trying to resolve the issue. Also repeated apologies were given to Mr. Engstrand by both Yonkosky and Wides. (followed up by letter on August 25, 2004). August 24, 2004 Engstrand /Wides Exhibit 16 — Email - Attachment removed by anti -virus program; requested mailing of meter test information. August 25, 2004 Wides /Engstrand Exhibit 17 — Certified letter with meter information. September 16, 2004 Engstrand /Wides Exhibit 18 — Email, Mr. Engstrand questioned serial number on meter; reiterated that he would submit a complete complaint requesting 10% refund and will not pay $75. September 16, 2004 Wides /Engstrand Exhibit 19 — Email - Discussed serial number and responses to all prior emails and complaints. Will not excuse the payments, nor the meter charge. September 16, 2004 Wides /Engstrand Exhibit 20 — Certified letter re serial number; reiterated $75 fee. October 2, 2004 Engstrand /Clerk Exhibit 21 — Complaint requesting an investigation of John Yonkosky, giving timeline. October 8, 2004 Clerk/BCC Exhibit 22 — Letter to BCC forwarding Mr. Engstrand's complaint. -2- 0 Exhibit 1 A z /L7 RAY ENGSTRAND Nome Phone 239- 353 -0321 E -mail: nfn03282,&,naples.net John Yonkosky Director of Utilities Collier County Utilities 2685 Horseshoe Drive South Naples, Fl 34104 April 30, 2004 RE: account 05403578 10 1 705 LAMBTON LANE NAPLES,, FL, 34104 I contacted your office on 26 April in the Morning. I waited 15 minutes with only your busy message. That afternoon I again contacted your office and waited 25 minutes prior to a response. This suggests you are understaffed or have an excessive number of complaints. I have lived in this house eight years with water bills around $65 dollars. In late December you changed water meters and I noted an increase in water usage. I called your office and they suggested I check for a water leak and monitor the red flow indicator on the meter. I did discover a leak and that leak has been repaired. I have monitored the red flow indicator the past month and there is not an indication of a water leak. The past month my water consumption was 12,000 gallons and a bill for $83.38. This is $20 higher than my past consumption or 25 %. My water consumption has not increased. My observation of the flow meter substantiates that I do not have a leak. This suggests that the meter has not been properly calibrated or a third party is stealing my water. Please inform me if you have another possibility. I request that you install a new certified calibrated water meter and return the present meter to the factory for calibration. I am leaving Naples and will not return until May 15, 2004 Sincerely, Ray Engstrand RAY ENGSTRAND Home Phone 239 -353 -0321 E -mail: nfn03282 @,naples.net .John Yonkosky Director of Utilities Collier County Utilities 2685 Horseshoe Drive South Naples, F134104 Exhibit 2 / / 0 May 30, 2004 RE: account 05403578101 I contacted you by mail on April 30, 2004, copy enclosed. I have not received a response from you to date. Please respond to my letter of April 30, 2004 Sincerely Ray Engstrand 705 LAMBTONI LANE NAPLES. Ft. 341(9 Exhibit 4 ray engstrand From: "ray engstrand" <nfn03282 @naoles.net> To: "YonkoskyJ" <JohnYonkoskY@comergov.net> Sent: Thursday, June 10, 2004 6.-37 PM Subject: Re: Water account Mr. Yonkosky Thanks for your phone call and e -mail message. 1 have not received you response as indicated in your e -mail. Ray Engstrand - - - -- Original Message - - - -- From: "Yonkosky_j" <, > Cc: "sweet _h" <, l,zdt;, Sent: Thursday, June 03, 2004 5:32 PM Exhibit 3 Subject: Water account Mr. Engstrand: Just a quick follow -up to our telephone conversation this afternoon. Heather Sweet and I are reviewing ynur ac aunt history and the other item, ;n vot_jr letter. I should have a response ready tomorrow. ✓ 1 apologize for not responding to your April 30. 2004 letter. Thank you for your patience. John Yonkosky 6/18/7004 Exhibit 5 1 ! b-1 y RAYENGSTRAND Home Phone 239- 353 -0321 E-mail: nfn03292(&napies.net July 7, 2004 Jim Mudd Collier County Manager 3301 East Tamiami Trail Naples, F L RE: John Yonkosky, Director of Utilities 705 LAMBTON LANE NAPLES, EL 34104 The last of December 2003 new water meters were installed. 1 have made seven water payments during- 2004. The average monthly charge has been 575.56. During the last seven months of 2003 my average monthly water payment was $53.14. My water payments for 2004 has been 29% higher than 2003. I have made no change in water usage. ii iS my' belief this suggests a biking and water meter problem. i the new water metc;r alas a flow ]ndicacor. i Monito, the flow indicator and there is no flow of water thru the meter when I am not using water. My initial contact with Mr. Yonkosky was April 30, 2004; 1 did not receive a response and sent him another letter on May 30, 2004. He then responded by telephone followed by an E -mail on June 3, 2004 in which he stated he would have a response the next day. On June 10, 2004 1 notified him I had not received his response. Copies of Correspondence is enclosed. It has now been over a month since he stated he would respond the next day. My contact with the billing department and with Mr. Yonkosky suggests unsatisfactory management. Failure to respond suggest to me that there is in fact a larger problem in that department than I initially suspected. 1 expect a response and will continue until I receive a response. Sincerely, r Ray Engstrand Exhibit 6 , ( Z / a 7 Jule 16. 2004 Mr. Raymond Engstrand 705 Lambton Ln. Naples, Florida 32104 Dear Mr. Engstrand: This is a lbllow -up to our telephone discussion this morning concerning your water meter. �v17ater consLUllption and billingrs for service. First. let me apologize main to you for my lath of' response to your inquiry about the amount or consumption of water at your propert) . There is 110 excuse for my failw•e to respond to your request. By way of explanation and certainly not an excuse, t thought that yoLIF inquiry had received a response. This type of breakdown in our process is neither typical nor is it the standard that Collier County strives to achieve with its citizens. Your manual water meter was replaced on December 17, 2003 with an electronic read water meter. YOUF monthly consumption since that time for a six -month period has averaged M.3 thousand gallons per [11011th. Your monthly consumption for the same six- month period of time last year was 8.0 thousand ti(allons per month. From a percentage perspective, the increase of water consumption used in the current six - month period compared to the same six -month period last year is a 28.80ro (2,300/8.000) increase. 1 had a Utility Teelulician inspect the water meter serving your property. The inspection indicated that there were not an indication of any leaks on your side of the meter; the manual read of the meter by the Technician and the electronic read with a handheld reading device were identical; and a electronic calibration tool was used to verify the accuracy of the electronic connections. As we discussed, your manual read meter replaced on December 17, 2003 was originally installed on December 6, 1994. Meters are normally replaced when they are approximately ten (10) years old because of the inherent wear factor that occurs when parts constantly rub against each other. Water meters are mechanical devices and their parts wear over time. An important point to remember is that water meters tend to slow down as they age; consumption reg =istered is less than actual consumption used. When meters are replaced. consumption readings will increase and be more accurate because there is no inherent wear in the new meter. We replace older meters because of their decline in accuracy and the loss in revenue generated by the slower meters. 7/26/2004 3:06 PM 1 l &z lb7 The next step is to haN'e the meter bench tested For acCLIMCv. If the bench testis« indicates the meter is accurate- I will need to charge you for the bench test, "1hich is $75. Another alternative is to have the meter replaced. The replaced meter will he returned to the milactory Tor test I'=". s fiactor\ tested and the results are positive (meter is accurate)_ 1 .\.viii need to charge you for a bench test. II- either the bench test or the Factory test is ne��ative (meter is inaccurate }, [will _ive you a credit based on your twelve -month consuml,)tion history for the time period prior to the installation oFthe new meter. _gain. [ apoloire for your inconvenience due to my failure to respond to your itlC7uiry. Please let me know if you want me to proceed with the bench testing. Sincerely: John Yonkoskti Director Utility, Billing and Customer Service Telephone: 239 - 403 -2350 E -mail: -1 oil nyonkosky0t)colIier(_1ov.net Fa_;: 2)39-403-`66 7/26/2004 3:06 PM 2 Exhibit 7 " 6� OFFIC 73 rp� - s 0105 RAY ENGSTRAND ---- -� 705 LAMBTON LANE Home Phone 239- 353 -0321 NAPLES, FL 34104 E-mail: nfn03282 @naples.net Jim Mudd Collier County Manager 3301 East Tamiami trail Naples, Fl 34112 July 24, 2004 RE: Yonkosky, Director of Utilities M experirnCe w1L� !Vlr. _11K05K" S'uvvNw S eb be r i:1C ltlpete,li �. . ;S iVe ., My r-- u,,e t ❑ !1 II;;C .'.rlwo Nu ' ""i1L nun " 1 i1 i5 ability, iU manage th.e Collier County Utilities division. I believe his conduct suggests he may have something to hide. On April 26 1 called his office and waited 15 minutes with no response and then in the afternoon I waited 25 minutes prior to a response. This is unsatisfactory performance. On April 30 2004 I mailed him a letter that he failed to acknowledge. This is unsatisfactory performance On May 30, 2004 1 sent him a second letter and he responded by E -mail on 3 June that I would have a response the next day. He failed to respond in 30 days. This is unsatisfactory performance. On July 7, 2004 I wrote to you and Mr. Yonkosky responded on July 16, 2004. Nine days to respond to a problem he has been aware of for 45 days. This is unsatisfactory performance. I received Mr. Yonkosky's letter dated July 16, 2004 on July 19, 2004. It was hand delivered by manager, Mary Jo Thurston, driving a collier county truck. This suggests improper use of county resources. His letter substantiates the fact that my new electronic meter registers a 28.8% flow increase over my old meter. 1 have lived in this house nine years using the same old manual meter without a substantial change in water consumption. I have not changed my water usage and expect my new electronic meter to register usage near the same rate. His letter states a technician has found no indication of leaks, that the manual and electronic read are identical and accuracy of electronic connections. He does not state the meter is properly calibrated and measures water flow accurately. I do not accept a 28% reduction in water meter efficiency in the old meter. He did not change to the new electronic meter because of decline in accuracy of the old meter. He changed to the new electronic meter to increase the efficiency of meter reading. A laudable reason. /6a Ib7 I have no confidence in Mr. Yonkosky and request an independent outside investigation of his operation. If the old meters were 28% inaccurate Collier County utilities has lost the county a tremendous amount of revenue. An indication of unsatisfactory performance. If his claim is correct it suggests a meter maintenance and replacement program should have been in effect to preclude the loss of revenue to the county. i request an audit of total water usage during the last seven months of 2003 with the old meters as compared to the first seven months of 2004 with the electronic meters to determine revenue lost with the old meters. I will not pay $75 for the water department to perform its duty. I expect the water department to accept responsibility and insure they are receiving the correct amount from each customer. I want the water meter manufacturer to install a new electronic meter that has been flow tested and certified. I don't want any more apologies or explanations. I expect the water department to do what it should have done when it received my first letter dated April 30, 2004. Sincerely, Ray Engstrand Exhibit .g 16-7- > c 7 wides tom From: wides_tom Sent: Friday, July 30, 2004 10:43 AM To: Ray Engstrand (E -mail) Subject: Water Meter Importance: High Dear Mr. Engstrand, As we discuss in our conversation this morning, I believe we are now on the correct track to resolve the situation that you have documented in your letters to County staff. As I noted in our discussion this morning, I have mapped out what I believe to be the most critical aspects of our discussion yesterday evening and this morning. First, in our discussion last night, you noted that the new meter is registering flow incorrectly based on the 28 %+ plus increase in flow rate and your own testing. I agreed to have the meter changed out and tested by the manufacturer. I believe that we have mutually agreed on that course of action. I also noted to you that if the meter did test out as being defective, the County would replace the meter and give you a usage refund (in the form of a bill credit) for the period of time the meter was in place. Also, no meter testing charge will be assessed to your account. Alternatively, if the meter test by the manufacturer shows that the meter is calibrated correctly (defined as operating within plus or minus 3% of design flow standards, in compliance with American Water Works Association guidelines), the County will charge your account for the $75 testing charge under the Uniform Billing Operating and Regulatory Standards Ordinance 2001 -73, as amended. Of course, no usage adjustment will be forthcoming on your bill. Finally, this morning in our conversation, I noted to you that one of our Utility Technicians will be out to Vour residence bv_ 9 AM on Tuesday morning (August 3) to remove the meter (the Utility Technician will leave you a copy of the Work Order for your reference). He will replace it with another meter, subject to the testing of the current meter. The meter in question will be picked up by the manufacturer by Friday, August 6 and taken to their facilities. The manufacturer has committed that they will have the results of their testing available by Wednesday, August 25. Mr. Engstrand, I will keep you apprised of any changes to these dates. You've noted that you are not interested in any more apologies; however, I too hope that we can move forward and come to a mutually satisfactory resolution. Please feel free to call me at 732 -2553 and, as noted last night, our Administrative Assistant, Barbara Olko has an alternate number of 732 -2589. As we discussed this morning, I look forward to your acknowledgement of this e -mail. Sincerely, Tom W ides as Operations Director Collier County Public Utilities Exhibit 9 /(c� z /A 7 COLLIER COUNTY PUBLIC UTILITIES DIVISION 33(11 L�Tamiami'I�rtii N;thle� I�I,ni�l;i 3-!112 • ,,;`)i ,,__;'; August 2, 2004 Mr. Ray Engstrand 705 Lambton Lane Naples, FL 34104 Dear Mr. Engstrand, 33It3,1�_% q f As we discussed in our conversation on Friday morning, ,July 30, 2004, I believe we are now on the correct track to resolve the situation that you have documented in you]- letters to County staff. As I noted in our discussion that afternoon, I have mapped out what I believe to be the most critical aspects of our discussions Thursday and Friday. First in our discussion, you noted that the new meter is registering flow incon-ectly based on the 28 %+ plus increase in flow rate and your own testing. I agreed to have the meter changed out and tested by the manufacturer. I believe that we have mutually agreed on that course ot` action. I also stated to you that if the meter did test out as being defective, the County would replace the meter and give you a usage refund (in the form of a bill credit) for the period of time the meter was in place. Also, no meter testing charge would be assessed to your account. Alternatively, if the meter test by the manufacturer shows that the meter is calibrated correctly (defined as operating within plus or minus 3% of design flow standards, in compliance with American Water Works Association guidelines), the County will charge your account for the $75 testing charge under the Uniform Billins Operating and Regulatory Standards Ordinance 2001 -73, as amended. Of course, no usage adjustment would be forthcoming on your bill in this instance. Finally, Friday morning in our conversation, 1 noted to you that one of our Utility Technicians will be out to your residence by 9 AM on Tuesday morning (August 3) to remove the meter (the Utility Technician will leave you a copy of the Work Order for your reference). He will replace it with another meter, subject to the testing of the current meter. The meter in question will be picked up by the manufacturer by Friday, August 6th and taken to their facilities. The manufacturer has committed that they will have the results of their testing available by Wednesday, August 25, 2004. 162- 1 D7 Mr. En strand, I will keep you apprised of any changes to these dates. You've noted that YOU are not interested in any more apologies; however, I too hope that we can move forward and come to a mutually satisfactory resolution. Please feel free to call me at 732 -2553 and, as I noted, our Administrative Assistant, Barbara Olko has an alternate number of 732 -2559. As we discussed, I look forward to your acknowledgement of the e -mail that I sent on Friday, outlining our agreement. Alternatively, you may respond to this letter. Sincerely, Thomas G. Wides As Operations Director Collier County Public Utilities TGW /bao Cc: John Yonkosky, Director /UBCS Exhibit 10 wides tom From: ray engstrand [nfn03282 @napies.net] Sent: Monday, August 02, 2004 10:30 PM To: wides_torn Subject: Re: Water Meter Dear Mr. Wides, Received your e -mail on conversation of last week. Your records in water billing since the installation added that I have independently checked the allowable 3% error. Sincerely, Ray Engstrand 16-T /D7 2 Aug regarding our telephone and mine document the 28�increase of the new electronic meter. I then the meter and found it in excess of Exhibit 11 wides tom From: wides tom Sent: Monday, August 02, 2004 4:02 PM To: Ray Engstrand (E -mail) Subject: FW: Water Meter Importance: High - - - -- Original Message---- - From: wides tom Sent: Friday, July 30, 2004 10:43 AM To: Ray Engstrand (E -mail) Subject: Water Meter Importance: High Dear Mr. Engstrand, As we discuss in our conversation this morning, I believe we are now on the correct track to resolve the situation that you have documented in your letters to County staff. As I noted in our discussion this morning, I have mapped out what I believe to be the most critical aspects of our discussion yesterday evening and this morning. First, in our discussion last night, you noted that the new meter is registering flow incorrectly based on the 28 %+ plus increase in flow rate and your own testing. I agreed to have the meter changed out and tested by the manufacturer. I believe that we have mutually agreed on that course of action. I also noted to you that if the meter did test out as being defective, the County would replace the meter and give you a usage ref,iinrul tin the fnrm ni a hill crea..i fnr the nerind ni Ilme tno meter W„5 I� Ni C :1, I °;, au r; °t @r iCstirly ai "`j E:'s.i1 be assessed to your account. Alternatively, if the meter test by the manufacturer shows that the meter is calibrated correctly (defined as operating within plus or minus 3% of design flow standards, in compliance with American Water Works Association guidelines), the County will charge your account for the $75 testing charge under the Uniform Billing Operating and Regulatory Standards Ordinance 2001 -73, as amended. Of course, no usage adjustment will be forthcoming on your bill. Finally, this morning in our conversation, I noted to you that one of our Utility Technicians will be out to your residence by 9 AM on Tuesday morning (August 3) to remove the meter (the Utility Technician will leave you a copy of the Work Order for your reference). He will replace it with another meter, subject to the testing of the current meter. The meter in question will be picked up by the manufacturer by Friday, August 6 and taken to their facilities. The manufacturer has committed that they will have the results of their testing available by Wednesday, August 25. Mr. Engstrand, I will keep you apprised of any changes to these dates. You've noted that you are not interested in any more apologies; however, I too hope that we can move forward and come to a mutually satisfactory resolution. Please feel free to call me at 732 -2553 and, as noted last night, our Administrative Assistant, Barbara Olko has an alternate number of 732 -2589. As we discussed this morning, I look forward to your acknowledgement of this e -mail. Sincerely, Tom Wides as Operations Director Collier County Public Utilities Exhibit 13 wides_ tom 16 �z / b 7 From: ray engstrand [nfnO3282 @naples.net] Sent: Tuesday, August 03, 2004 2:28 PM To: wides_tom Subject: Re: Mr. Engstrand, #05403578101 Mr. Wides, I have tested your new meter and it tests exactly correct. Ray Engstrand - - - -- Original Message - - - -- From: "wides_ tom" <TomWides @colliergov.net> To: "Ray Engstrand (E- mail) " <nfn03282 @naples.net> Cc: "Yonkosky_j" <JohnYonkosky @colliergov.net> Sent: Tuesday, August 03, 2004 1:04 PM Subject: FW: Mr. Engstrand, 405403578101 Mr. Engstrand, Exhibit 12 Just to provide status. I understand that the meter will be picked up by the manufacturer for testing by Friday. Will keep in touch. Tom Wides as Operations Director Collier County Public Utilities > #05403578101 Our Utility Technician replaced Mr. am this morning. He knocked on the technician left a copy of the work screen door at 705 Lambton Lane. Engstrand's meter at approximately 8:45 door and no one answered. The order to replace the meter in the front 1 Exhibit 14 /� `� / % ^-7 wides tom 1J T From: ray engstrand fnfn03282 @napies.net] Sent: Monday, August 23, 2004 4:39 PM To: wides tom Subject: Re: Mr. Engstrand, #05403578101 Tom Wides, I did not receive the E -mail notification you stated you would send to me or, Aug 20, 2004. I will require a copy of the report that was sent to your office. Ray Engstrand 1 Exhibit 15 wides tom From: wides_tom Sent: Monday, August 23, 2004 4:52 PM To: Ray Engstrand (E -mail) Subject: FW: WO #2337, Meter Evaluation & Testing Importance: High ]� _� _ I b 7 Per our follow -up conversation of Friday afternoon, I wanted to document the information I gave you on the phone. I have attached the results of the manufacturers test of the water meter removed from your property. As you will see in the attached exhibits, the meter tested well within the +/- 3% design standards. As I noted in my letter of August 2, under the County's Uniform Billing and Standards Ordinance 2001 -73, the Collier County Water -Sewer District will assess your account for the $75 fee to test this meter. As I noted in my letter, the fee would only be assessed if the meter was found to be in compliance with design flow standards. We have already discussed the inade, complaint. I believe we had agreed this issue. In our conversation on Respectfully, Tom Wides as Operations Director Collier County Public Utilities xuate level of service in initially responding to your to put that behind us as we moved forward to resolve Friday afternoon, I understood that you do not agree ssu- t_ - - - -- Original Message---- - From: brad.mccarty @amcowater.com [ mailtc :brad.mccarty @amcowater.com] Sent: Tuesday, August 10, 2004 12:23 PM To: Yonkosky_j Subject: WO #2337, Meter Evaluation & Testing Please find attached test data sheet and evaluation. Let me know if there are any questions. (See attached file: CM W02337 Collier County.doc) (See attached file: W02337 COLLIER COUNTY.xls) Brad 1 CM W02337 W02337 Collier County.doc DLLIER COUNTY.xi Mr. Engstrand, ]� _� _ I b 7 Per our follow -up conversation of Friday afternoon, I wanted to document the information I gave you on the phone. I have attached the results of the manufacturers test of the water meter removed from your property. As you will see in the attached exhibits, the meter tested well within the +/- 3% design standards. As I noted in my letter of August 2, under the County's Uniform Billing and Standards Ordinance 2001 -73, the Collier County Water -Sewer District will assess your account for the $75 fee to test this meter. As I noted in my letter, the fee would only be assessed if the meter was found to be in compliance with design flow standards. We have already discussed the inade, complaint. I believe we had agreed this issue. In our conversation on Respectfully, Tom Wides as Operations Director Collier County Public Utilities xuate level of service in initially responding to your to put that behind us as we moved forward to resolve Friday afternoon, I understood that you do not agree ssu- t_ - - - -- Original Message---- - From: brad.mccarty @amcowater.com [ mailtc :brad.mccarty @amcowater.com] Sent: Tuesday, August 10, 2004 12:23 PM To: Yonkosky_j Subject: WO #2337, Meter Evaluation & Testing Please find attached test data sheet and evaluation. Let me know if there are any questions. (See attached file: CM W02337 Collier County.doc) (See attached file: W02337 COLLIER COUNTY.xls) Brad 1 l�z AMC0-:*" Facsimile To: Rick Russo & Collier County (E -mail) From: Service Center Date: August 9, 2004 Subject: WO #2337 Pages: Two The following items have been evaluated by the Service Center and findings are as indicated along with any non - warranty charges that may apply. Items Returned: One, 3/4x3/4" C700, SN: 13054872. Findings: The meter functions correctly. The meter was accuracy tested: the results are as follows: Slow Flow 99.8% Med Flow 99.9% Fast Flow 99.5% Further testing was completed to ensure the encoder and ert were functioning correctly. The encoder was tested for gearing and data transfer, the ert read and updated accordingly every time. Conclusions: All results are within AWWA specifications and the meter is functioning properly. Mailing Address Physical Address Telephone 352 732 4670 AMCO Water Metering Systems Inc. 1100 S.W. 38th Avenue Facsimile 352 368 1950 Ocala, Florida P.O. Box 1852 ida 34478 Ocala, Florida 34474 www.amcowater.com COMPANY NAME: Collier County METER TYPE: 3/4" C700 S /N: 13054872 100 99.9 99.8 = 99.7 m a 99.6 99.5 99.4 99.3 lea /b7 AMCO <<s >` FLOW (GPM) READINGS ( %) 0.50 99.8 3.00 99.9 20.00 _ 99.5 READINGS ( %) 0.50 3.00 20.00 GPM Prepared by the AMCO - SERVICE CENTER 8/20/2004 Exhibit 16 wides tom From: ray engstrand [nfn03282 @naples.net] Sent: Tuesday, August 24, 2004 9:05 PM To: wides_torn Subject: Re: WO #2337, Meter Evaluation & Testing ILZ /67 Tom Wides, Your attachment was removed by my anti virus program. It typically removes E -Mail attachments. Please mail me a copy of all meter evaluation documents. I will depart on a trip Friday morning and will return on 14 Sept 04. The issue is far from resolved and I will carry the complaint forward after I receive your documents and return from my trip. I do not accept the meter evaluation or the $75 fee assessment. My complaint will include the entire failure of the Utility department. Ray Engstrand - -- Original Message - - - -- From: "wides_tom" <TomWides @colliergov.net> To: "Ray Engstrand (E- mail)" <nfn03282@naples.net> Sent: Monday, August 23, 2004 4:52 PM Subject: FW: WO #2337, Meter Evaluation & Testing Mr. Engstrand, Per our follow -up conversation of Friday afternoon, I wanted to document the information I gave you on the phone. I have attached the results of the manufacturers test of the water meter removed from your property. As you will see in the attached exhibits, the meter tested well within the +/ -3% design standards. As I noted in my letter of August 2, under the County's Unitorm Biliing and Standards Ordinance 2001 -73, the Collier County Water -Sewer District will assess your account for the $75 fee to test this meter. As I noted in my letter, the fee would only be assessed if the meter was found to be in compliance with design flow standards. We have already discussed the inadequate level of service in initially responding to your complaint. I believe we had agreed to put that behind us as we moved forward to resolve this issue. In our conversation on Friday afternoon, I understood that you do not agree with the results and will carry the issue forward. Respectfully, Tom Wides as Operations Director Collier County Public Utilities - - - -- Original Message---- - From: brad.mccarty@amcowater.com Sent: Tuesday, August 10, 2004 12 To: Yonkosky_j [ mailto :brad.mccarty@amcowater.comj :23 PM Subject: W0#2337, Meter Evaluation & Testing 1 Please find attached test data sheet and evaluation. Let me know if there are any questions. (See attached file: CM W02337 Collier County.doc) W02337 COLLIER COUNTY.xls) Brad 4 i6z (See attached file: /D7 Exhibit 17 11� z ion COLLIER COUNTY PUBLIC UTILITIES DIVISION 3301 E. Tamiami Trail • Valdes, 1`1( )r1d;i 341 l? • i?.i!),, �_�?__� [,1� (�3')i �3 -?SSG August 25, 2004 Certified Mail # Mr. Ray Engstrand 705 Lambton Lane Naples, FL 34104 Dear Mr. Engstrand. Per our follow -up conversation of Friday afternoon, August 20, 2004, I wanted to document the information I gave you on the phone. I have attached the results of the manufacturer's test of the water meter removed from your property. As you will see in the attached exhibits, the meter tested well within the +/ -3% design standards. As I noted in my letter of August 2, under the County's Uniform Billing and Standards t = :a::ce l tine oMor County `water - liisLricL wih assess your account for the $75 fee to test this meter. As I noted in my letter, the fee would only be assessed if the meter was found to be in compliance with design flow standards. We have already discussed the inadequate level of service in initially responding to your complaint. I believe we had agreed to put that behind us as we moved forward to resolve this issue. In our conversation on Friday afternoon, I understood that you do not agree with the results and will carry the issue forward. Respectfully, Thomas G. Wides As Operations Director Collier- County Public Utilities TGW /bao Enclosures (2) Cc: James W. DeLony, Public Utilities Administrator John Yonlcosky, Director /UBCS AMC0-*%*'*1� 99.8% /b7 l b I Facsimile To: Rick Russo & Collier County (E -mail) From: Service Center Date: August 9, 2004 Subject: WO #2337 Pages: Two The following items have been evaluated by the Service Center and findings are as indicated along with any non - warranty charges that may apply. Items Returned: One, 3/43/4" C700, SN: 13054872. Findings: The meter functions correctly. The meter was accuracy tested; the results are as follows: Slow Flow 99.8% Med Flow 99.9% Fast Flow 99.5% Further testing was completed to ensure the encoder and ert were functioning correctly. The encoder was tested for gearing and data transfer, the ert read and updated accordingly every time. Conclusions: All results are within AWWA specifications and the meter is functioning properly. Mailing Address Physical Address AMCO Water Metering Systems Inc. Telephone 352 732 4670 P.O. Box 1852 ' 100 S.W. 38th Avenue Facsimile 352 368 1950 Ocala, Florida 34474 Ocala, Florida 34478 www.amcowater.com COMPANY NAME: Collier County METER TYPE: 3/4" C700 S /N: 13054872 10(' 99.c 99.8 = 99.7 a, L a 99.6 99.5 99.4 99.3 FLOW (GPM) READINGS ( %) 0.50 99.8 3.00 99.9 20.00 99.5 READINGS ( %) 0.50 3.00 20.00 GPM Prepared by the AMCO - SERVICE CENTER .p ®A�pgao 8/25/2004 Exhibit ig wides tom From: ray engstrand [nfn03282 @naples.net] Sent: Thursday, September 16, 2004 11:39 AM To: wides tom Subject: Re: Mr. Engstrand, #05403578101 /� -7 / b 1- Mr. Wides, I reviewed your report, dated August 25, 2004, after I returned from my trip on 14 Sept. I believe that I should inform you that the SN of the meter on your test report is not the SN of my old water meter. I will submit a complete complaint requesting a 10% refund on payments made from January 04 to August 04. In addition I will not pay the $75 fee. Ray Engstrand - - - -- original Message - - - -- From: "wides tom" <TomWides@colliergov.net> To: "ray engstrand" <nfr.03282 @naples.net> Cc: "Yonkosky_j" <JohnYonkosky @colliergov.net> Sent: Tuesday, August 03, 2004 3:05 PM Subject: RE: Mr. Engstrand, #05403578101 Exhibit 19 wides tom From: wides tom Sent: Thursday, September 16, 2004 1:52 PM To: 'ray engstrand' Subject: RE: Mr. Engstrand, #05403578101 Mr. Engstrand, 162 /D7 I am following up on the telephone message that I left for you at approximately 1:30 pm today and our follow -up voice to voice communication based on your return call thereafter. I described to you that the correct meter has been tested per your request. The confusion may lie in the fact that there are two serial numbers; one for the ERT (s /n #24900818) and one for the meter assembly (s /n #13054872). The testing letter from AMCO (sent to you in my e -mail dated August 23 and follow -up letter of August 25) references the meter assembly number. However, the letter also notes that the meter assembly was tested; the encoder was tested for gearing and data transfer; and the ERT was tested in line to ensure that the messages were being handed off correctly. I expect that this will help resolve the question on the serial numbers. The meter and the attached ERT are resident in our Utility Billing office. I have responded to your requests from prior e -mails and conversations; the meter been tested by the manufacturer in a controlled environment and I have explained the question of the serial numbers. I understand from our conversation that you do not with these results; however, I cannot excuse the payments from January to August of nor the $75 fee. Respectfully, Tom Wides as Operations Director Collier County Public Utilities - - - -- Original Message---- - From: ray engstrand [mailto:nfn03282 @naples.net] Sent: Thursday, September 16, 2004 11:39 AM To: wides_tom Subject: Re: Mr. Engstrand, #05403578101 Mr. Wides, I reviewed your report, dated August 25, 2004, after I returned from my trip on 14 Sept. I believe that I should inform you that the SN of the meter on your test report is not the SN of my old water meter. I will submit a complete complaint requesting a 10% refund on payments made from January 04 to August 04. In addition I will not pay the $75 fee. Ray Engstrand - - - -- Original Message - - - -- From: "wides tom" <TomWides @colliergov.net> To: "ray engstrand" <nfn03282@naples.net> Cc: "Yonkosky_j" <JohnYonkosky@colliergov.net> Sent: Tuesday, August 03, 2004 3:05 PM Subject: RE: Mr. Engstrand, #05403578101 1 has agree 2004; ")Z-7- lA T wides tom From: thurston_m Sent: Thursday, September 16, 2004 12:38 PM To: wides_ tom; Yonkosky^j Subject: RE: Mr. Engstrand, #05403578101 Yes, we did the right meter. AMCO 'listed the "serial number" of the meter tested for the ERT #24900818 (the antenna). The meter and ERT are still connected and are in John's office. We do not use the serial number in the billing system. All his tory�s tied to the ERT number. - - - -- Original Message---- - From: wides_tom Sent: Thursday, September 16, 2004 11:58 AM To: Yonkosky_j; thurston_m Subject: FW: Mr. Engstrand, #05403578101 John and Mary Jo, I need a quick turn on this; did we do the right meter. TW - - - -- Original Message---- - From: ray engstrand [mailto:nfn03282 @ naples.net] Sent: Thursday, September 16, 2004 11:39 AM To: wides_tom Subject: Re: Mr. Engstrand, #05403578101 Mr. Wides, I reviewed your report, dated August 25, 2004, after I returned from my trip on 14 Sept. I believe that I should inform you that the SN of t_he meter nn your test report is not the SN of my old water meter. I will submit a complete complaint requesting a 10% refund on payments made from January 04 to August 04. In addition I will not pay the $75 fee. Ray Engstrand - - - -- Original Message - - - -- From: "wides_tom" <TomWides@colliergov.net> To: "ray engstrand" <nfn03282 @naples.net> Cc: "Yonkosky_j" <JohnYonkosky @colliergov.net> Sent: Tuesday, August 03, 2004 3:05 PM Subject: RE: Mr. Engstrand, #05403578101 1 IL -7- /A7 wides tom From: ray engstrand [nfnO3282 @naples.net] Sent: Thursday, September 16, 2004 11:39 AM To: wides_tom Subject: Re: Mr. Engstrand, #05403578101 Mr. wides, I reviewed your report, dated August 25, 2004, after I returned from my trip on 14 Sept. I believe that I should inform you that the SN of the meter on your test report is not the SN of my old water meter. I will submit a complete complaint requesting a 10% refund on payments made from January 04 to August 04. In addition I will not pay the $75 fee. Ray Engstrand - - - -- Original Message - - - -- From: "wides tom" <TomVJides @colliergov.net> To: "ray engstrand" <nfn03282 @naples.net> Cc: "Yonkosky_j" <JohnYcnkosky @colliergov.net> Sent: Tuesday, August 03, 2004 3:05 PM Subject: RE: Mr. Engstrand, #05403578101 1 Exhibit 20 COLLIER COUNTY PUBLIC UTILITIES DIVISION 3�U1 f;. T;uni:uni Trail - \Iplcs, Huri(LI .; 41!' , ;,?�), ;? -�; -_, • I �'� -�,�) �3_ -�5�r� September 16, 2004 Mr. Ray Engstrand 705 Lambton Lane Naples, FL 34104 Dear Mr. Engstrand, #05403578101 Mr. Engstrand, Certified Mail I am following up on the telephone message that I left for you at approximately 1:30 p.m. today, September 16, 2004, and our follow -up voice -to -voice communication based on your return call thereafter. I described to you that the correct meter has been tested per your request. The confusion may lie in the fact that there are two serial numbers - one for the ERT (s /n #24900818), and one for the meter assembly (s /n #13054872). The testing letter frorn AMCO (sent to you in my e -mail dated August 23, 2004 and follow -up letter of August 25, 2004) references the meter assembly number. However, the letter also notes that the meter assembly was tested; the encoder was tested for gearing and data transfer; and Lnc LI: was LcsLou in -line to ensure that tiie messages were being handed off correctly. I expect that this will help resolve the question on the serial numbers. The meter and the attached ERT are resident in our Utility Billing office. I have responded to your requests from prior e -mails and conversations; the meter has been tested by the manufacturer in a controlled enviromnent, and I have explained the question of the serial numbers. I understand from our conversation that you do not agree with these results; however, I cannot excuse the payments from January to August of 2004, nor the $75 fee. Respectfully, l Thomas G. Wides As Operations Director Collier County Public Utilities TGW /bao Cc James W. DeLony, Public Utilities_ Administrator Jolu1 Yonkosky, Director /UBCS c r 11 H 11 1i8111V 1L L,y 10/08., 2004 15; 53 1744010 Oct 08 04 04:38p Minutes & Records HAY ENGSTUNr1D Horne Phone 239 - 353 -0321 E-mail: nfn03282@n8ples.net DvAght Brock Clerk of the Circuit Court Collier County court blouse 3301 Fast Tamiami trail Naples, Fl 34112 COUNT`,` h%IGF' OFER_ OE 2997748408 �5nn �nRECElVEDr� 25 COLUEi; C��; 7+� 71 S_;li'L]tl4 Z(14 OCT -4 AM i t : 12 CL EH DF COURTS By, _ 1].t. October 2, 2004 PE: Yonkosky, Dbmcto r of Utilities PAGE 03 16a lb-I 705 LAWTON LANE WA.1'LE5, FL 34104 My experience with Mr. Yonkosky suggests negligence anti /or Incompetence, I have no confidence in his ability to manage the Couier C o►niry L'hlitits division. i 15e };r. n l;r's Uttr.Ltrt sL "^i*eB�S he may have Fomething tp hide_ This problem bed on 26 .April 2004. 1 am rcquesting m investigation of his conduct. (]n April 261 called his office and waited 15 minutes with no respnnse, that afternoon I waited 25 minutes prior to a response. This is negligent and unsatisfactory performance. On April 30 2004 1 mailed him a letter that he failed to acknowledge. This is negligent and unsatisfactory performance. On May 30, 20041 sent him a second letter and he responded by Ismail on 3 ,Tune that 1 would have a response the next day. He failed to respond in 30 days. This is negligent and, unsatisfactory perfornMCe. On July 7, 20041 wrote to Mr, Mudd. Mr_ Yonkosky then responded on. July 16, 2004. Nine days to respond to a problem he has been aware of for 43 clays. This is negligent and unsatisfactory performance. 1 received Mr. Yonkosky's letter dated. July 16, 2004 on July Ip, 2004. It was hand delivered by a manager. Mary To Thurston, driving a collier county truck. This is improper use of county resources. His letter substantiates the fact that my new electronic meter registers a 28.8% flow increase over my old teeter. I have lived in this house nine years using the same old.manual meter without a substantial change in water consumption. I have not changed my water usage and expect my new electronic meter to register usage near the same rate. His letter states a technician bas found no indication of leaks, that the manual and electronic read are identical and accuracy of electronic connections. He does not state the meter is properly calibrated and measures water flow accurately. I do not accept a 29% reduction in water meter efficiency in the old meter. 10. 08.' 2004 15: 59 7 7 44010 COUNTY HGR LIFER_ nE PAGE 04 ,.Oct 00 04 04:40p Minutes & Records 2337748408 I°•3 4 -Y- / lie did �w electronic meter to increase the oe:�iciencY of eter reading. A. laudable n old meter. X-Ie changed to the Water meter SN 24900818 was removed on .August 3, 2004 and roplacedoRh meter SN #25531464 for the purpose of testing the accuracy of meter S'K #24900818_ An unnecessary indicate 10*/0 I ore water the flow of water to ns h SMr Yonkosky could have tested this metter4in and plae�Hc choqc t conduct a. more water use than actually ape more expensive plmcedure at my expense... On August 25, 2004 1 was notified that meter SNA24900819 tested 99.7% accurate. The SN4 on the test report was not correct. That was explained in a letter dated 16 September 2004 that two serial number are on each meter and the number in the test was tkae muter assembly number. At best satrother example of Sloppy and confusing administration. Meter SNO24900818 was removed on August 3, 2004. T-be water meter was read on 16 August 2004 with the old serial number on the bill. My meter obviously was not read on t)tat date. -My water meter was again read on September 15, 2404 with the same old serial number on the bill. It is clear that my meter was not read on September 15.2004. mr. Yonkosky per6ormed an unnecessary procedure in removing my water meter for a test which could have been perfonred in place. I tested this meter in place and found it to measure 10% more water than actually dispensed. I do not accept his test as valid. por five months this person has done everything but solve this problem. He has avoided his responsibility and his duty. I believe an investigation of his performance is appropriate. A am requesting that the $75 meter fee be forgiven. 1 request a refund of 10% of my water charges for the period Innuary thru Jviy 2004 for water 1 did not consume. Sincerely, Ray Engstrand 10/Fj' `22004 1.5: 59 774401Fi Exhibit 22 ,Oct 08 04 04 :39F Minutes & Records > )wight E. Brock Clerk of Courts October 8, 21004 C'CI -INT`r MGR OFER- CIE 2397748408 o?rlty- o f Cc1ier CLERK OF TAI 6IRCVIT COURT COLLIER COUNTY �OURAOUSE 3301 TAIxjiAM1 TTIL FAST RO- BOX 0 1741 NA.pILES, FLOPMA134101 -30 1 I D CCU"", n.r NRGER OFF,,.— �_ , r4A- _- �s ?06 41739 -. OG� W 2094 W. Ray En gstrand 705 Larnbton Lane Naples, FL 34104 Dear Mr. Engstrand.: PAGE 02' 16� 147 Clerk of Courts Accountant Auditor Custodian. of Coutlly Funds I received your letter "RE: Yonkosky, ',Director of 1.ltilities ". Mr. Yolrltostcy works for the Board of County Commissioners, not the Clerk of Courts. Therefore, I have forwarded your letter to the Hoard of County Commissions. By copy of this letter I will place the item into "Miscellaneous correspondence" to the Board of County Commissioners. 1:r r• CrtAr "�T{�i i i 1 "v DwigB . Frock. Clerk of the Circuit Court DEBlsb Attachment c: Board Minutcs and Records Hon. D. Fiala Holn. F_ Coyle Hon. F. Halas Hon. T. Hemii.ng Hon, J. Coletta Phone - (239) 732.2646 Fax - (239) 775 -2755 Website: www.c1erk.calliler.1.as Email: collierelerkacle lr -. olrer•fl.u� 162 ib7 "' of off- Collier C. CLERK OF THE CTRC IT COURT Dwight E. BrOCIz COLLIER COUNTY COURT40USE Clerk of Courts g 3301 TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 41 ',044 Accountant NAPLES, FLORIDA X1101 -30}4 Auditor Custodian of County Funds October 8, 2004 NOV j 7 2044 hoard of �Cc)unt.v Commissioners Mr. Ray Engstrand 705 Lambton Lane Naples, FL 34104 Dear Mr. Engstrand: I received your letter "RE: Yonkosky, Director of Utilities ". Mr. Yonkosky works for the Board of County Commissioners, not the Clerk of Courts. Therefore, I have forwarded your letter to the Board of County Commissions. By copy of this letter I will place the item into "Miscellaneous Correspondence" to the Board of County Commissioners. Respectfully, Dwigh . Brock, Clerk of the Circuit Court DEB /sb Attachment c: Board Minutes and Records Hon. D. Fiala Hon. F. Coyle Hon. F. Halas Hon. T. Henning Hon. J. Coletta Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerkkclerk.collier.fl.us RECEIVED 25 COLLIER, COiINTY I--' rmpj'l, 7N OCT -4 AM 11: 12 RAY ENGSBAND CLERK Or COURTS Home Phone 239 - 353 -0321 BY D. C. E -mail: nfi103282@napies.net Dwight Brock Clerk of the Circuit Court Collier County court House 3301 East Tamiami trail Naples, Fl 34112 October 2, 2004 RE: Yonkosky, Director of Utilities 7z"l- 705 LAMBTON LANE NAPLES, FL 34104 My experience with Mr. Yonkosky suggests negligence and/or incompetence. I have no confidence in his ability to manage the Collier County Utilities division. I believe his conduct suggests he may have something to hide. This problem began on 26 April 2004. 1 am requesting an investigation of his conduct. On April 261 called his office and waited 15 minutes with no response, that afternoon I waited 25 minutes prior to a response. This is negligent and unsatisfactory performance. On April 30 20041 mailed him a letter that he failed to acknowledge. This is negligent and unsatisfactory performance. On May 30, 2004 I sent him a second letter and he responded by E -mail on 3 June that I would have a response the next day. He failed to respond in 30 days. This is negligent and unsatisfactory performance. On July 7, 2004 I wrote to Mr. Mudd. Mr. Yonkosky then responded on July 16, 2004. Nine days to respond to a problem he has been aware of for 45 days. This is negligent and unsatisfactory performance. I received Mr. Yonkosky's letter dated July 16, 2004 on July 19, 2004. It was hand delivered by a manager, Mary Jo Thurston, driving a collier county truck. This is improper use of county resources. His letter substantiates the fact that my new electronic meter registers a 28.8% flow increase over my old meter. I have lived in this house nine years using the same old manual meter without a substantial change in water consumption. I have not changed my water usage and expect my new electronic meter to register usage near the same rate. His letter states a technician has found no indication of leaks, that the manual and electronic read are identical and accuracy of electronic connections. He does not state the meter is properly calibrated and measures water flow accurately. I do not accept a 28% reduction in water meter efficiency in the old meter. 1(5�-7 / -b7- He did not change to the new electronic meter because of decline in accuracy of the old meter. He changed to the new electronic meter to increase the efficiency of meter reading. A laudable reason. Water meter SN # 24900818 was removed on August 3, 2004 and replaced with meter SN #25531464 for the purpose of testing the accuracy of meter SN #24900818. An unnecessary action. I measured the flow of water thru meter SN #24900818 twice prior to August 3, 2004 and found it to indicate 10% more water use than actually dispensed. Mr. Yonkosky could have tested this meter in place. He chose to conduct a more expensive procedure at my expense... On August 25, 2004 I was notified that meter SN #24900818 tested 99.7% accurate. The SN# on the test report was not correct. That was explained in a letter dated 16 September 2004 that two serial numbers are on each meter and the number in the test was the meter assembly number. At best another example of sloppy and confusing administration. Meter SN #24900818 was removed on August 3, 2004. The water meter was read on 16 August 2004 with the old serial number on the bill. My meter obviously was not read on that date. My water meter was again read on September 15, 2004 with the same old serial number on the bill. It is clear that my meter was not read on September 15, 2004. Mr. Yonkosky performed an unnecessary procedure in removing my water meter for a test which could have been performed in place. I tested this meter in place and found it to measure 10% more water than actually dispensed. I do not accept his test as valid. For five months this person has done everything but solve this problem. He has avoided his responsibility and his duty. I believe an investigation of his performance is appropriate. I am requesting that the $75 meter fee be forgiven. I request a refund of 10% of my water charges for the period January thru July 2004 for water I did not consume. Sincerely, Ray Engstrand 16J1 " MEMORANDUM Date: December 02, 2004 To: Michael Smykowski, Budget Director Management & Budget From: Linda A. Houtzer Minutes & Records Department Re: Certificate Regarding Matching Funds Enclosed please find one copy of the document referenced above (Agenda Item #16J1), as approved by the Board of County Commissioners on Tuesday, November 30, 2004. The original document is being retained for the record. If you should have any questions, please call me at 774 -8411 Thank you. Enclosures 16JI Date: December 02, 3004 To: Ms. Jennifer Edwards Supervisor of Elections From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Certificate Regarding Matching Funds Enclosed please find one copy of the document referenced above (Agenda Item #16J1), as approved by the Board of County Commissioners on Tuesday, November 30, 2004. The original document is being retained for the record. If you should have any questions, please call me at 774 -8411 Thank you. Enclosures Certificate Regarding Matching Funds 16J1 Chairman of the Board of County Commissioners of Collier County, Florida, do hereby certify that the Board of County Commissioners will provide matching funds for voter education in county FY 2004 -2005 to the Supervisor of Elections in an amount equal to at least 15% of the amount to be received from the state, which for Collier County is $7,243.81. I understand that if the Board fails to appropriate the required matching funds, all funds received from the state for voter education purposes during the 2004 -2005 state fiscal year will be required to be returned to the Department of State. Chairman, Board of County Commissioners Date N (� ER LERK :lot (��i � : �. If y, Attorney AttiA- itAO- Mairman's signature only, 1r130IOq 4Xda); Certificate Regarding Matching Funds 16-J1 rl I , C AJA)R A L14 , Chairman of the Board of County Commissioners of Collier County, Florida, do hereby certify that the Board of County Commissioners will provide matching funds for voter education in county FY 2004 -2005 to the Supervisor of Elections in an amount equal to at least 15% of the amount to be received from the state, which for Collier County is $7,243.81. I understand that if the Board fails to appropriate the required matching funds, all funds received from the state for voter education purposes during the 2004 -2005 state fiscal year will be required to be returned to the Department of State. �L'' C� & Chairman, board of County Commissioners Iv? —1✓'— ® 7 Date ATTEST: DW C_LEI _ iiyf lsiw:iit ,2 . Attest ' �M �. .. ........ sigaato < �Nu�t;v;: sufficienc\, Attorney Item # 10 j' Agenu =i 3 c Ruc'd --- - -n lAr I ;_ , ", _/X 6J1 0 0 r r m 0 0 z m U) N O cn Ul Ut Ut CD p O O O O O Q O O O O O O O C) p p O O O p O ea O O 0 i i t ' Inl I i I o CD i CL I I (D _ �I e w w Z7 ni , rt- m u m 'D r' I @ w �� Qo `n m� v ° tD 0 @ a( cD < 2� cr v 0, 0 � o fD v, v � � � [O(D �'� Y�w memo � � tD = (D -i F -' ^ 3 Q O = N : r O (D �' _ (D In C i ��N n_ CD ° v° N d CL 00 n v < v Q- (DD ° CD i N O fl• I o , 9l *. i U) u, n cD C O O 0 N Ci = aD 1D 0 O �• << I 7 U CD (D O (D O �n i CD �� O v' o� 0' w C 0 O O Cl- 0-' Z) N CD Q o m ij� < O � �� i ' n � I O , O `? � N O - I co r. cn ° v= O - O v � , I n D3 5 i 0 - c� �_ (D : �„ (D � + v 1 m n(— � *- r 3� Z) CD c7 I i j O n � _ t1 j Q O CD 0 CD O CD � v CD cy Q� a !D O O a i 4-1- W O �' O� _t O s C OS O O O O f-w CL � 1 07 � CD ID n `� � t I i �o: (.D 0�� (D ID I 1 �I c _ o � (n LO I I I 1 I Q CD o 6J1 0 0 r r m 0 0 z �I D� j .i. i DEPARTMENT OF STATE APP DIVISION OF ELECTIONS VOTER EDUCATION FUNDS FY 2004 -05 COUNTY 2004 PRESIDENTIAL PREFERENCE PRIMARY REGISTERED VOTERS VOTER EDUCATION FUNDING PER COUNTY COUNTY MATCHING FUNDS 15% Alachua 118,917 $ 36,948.67 $ 5,542.30 Baker 11,978 $ 3,721.68 $ 558.25 Bay 89,992 $ 27,961.39 $ 4,194.21 Bradford 13,802 $ 4,288.42 $ 643.26 Brevard 312,506 $ 97,098.67 $ 14,564.80 Broward 965,660 $ 300,040.00 $ 45,006.00 Calhoun 7,987 $ 2,481.64 $ 372.25 Charlotte 107,416 $ 33,375.20 $ 5,006.28 Citrus 84,073 $ 26,122.30 $ 3,918.35 Clay 93,834 $ 29,155.14 $ 4,373.27 Collier 155,425 $ 48,292.07 $ 7,243.81 Columbia 31,035 $ 9,642.88 $ 1,446.43 DeSoto 14,240 $ 4,424.51 $ 663.68 Dixie 8,972 $ 2,787.69 $ 418.15 Duval 439,949 $ 136,696.45 $ 20,504.47 Escambia 169,163 $ 52,560.60 $ 7,884.09 Fla ler 40,960 $ 12,726.67 $ 1,909.00 Franklin 7,350 $ 2,283.72 $ 342.56 Gadsden 25,508 $ 7,925.58 $ 1,188.84 Gilchrist 8,155 $ 2,533.84 $ 380.08 Glades 6,090 $ 1,892.22 $ 283.83 Gulf 9,159 $ 2,845.79 $ 426.87 Hamilton 7,414 $ 2,303.60 $ 345.54 Hardee 11,881 $ 3,691.54 $ 553.73 Hendry 16,005 $ 4,972.91 $ 745.94 Hernando 102,389 $ 31,813.26 $ 4,771.99 Highlands 58,730 $ 18,247.98 $ 2,737.20 Hillsborough 554,929 $ 172,421.86 $ 25,863.28 Holmes 10,195 $ 3,167.69 $ 475.15 Indian River 75,828 $ 23,560.50 $ 3,534.08 Jackson 25,689 $ 7,981.82 $ 1,197.27 Jefferson 8,710 $ 2,706.28 $ 405.94 Lafayette 4,049 $ 1,258.06 $ 188.71 Lake 144,600 $ 44,928.63 $ 6,739.29 Lee 292,993 $ 91,035.79 $ 13,655.37 Leon 142,927 $ 44,408.82 $ 6,661.32 Levy 20,477 $ 6,362.40 $ 954.36 Liberty 3,858 $ 1,198.72 $ 179.81 Madison 10,723 $ 3,331.74 $ 499.76 Manatee 179,585 $ 55,798.81 $ 8,369.82 Marion 170,748 $ 53,053.07 $ 7,957.96 Martin 93,598 $ 29,081.81 $ 4,362.27 Miami -Dade 951,774 $ 295,725.48 $ 44,358.82 Monroe 52,710 $ 16,377.51 $ 2,456.63 Nassau 37,011 $ 11,499.68 $ 1,724.95 Okaloosa 117,781 $ 36,595.71 $ 5,489.36 Okeechobee 17,145 $ 5,327.12 $ 799.07 Orange 454,571 $ 141,239.65 $ 21,185.95 Osceola _ 109,579 $ 34,047.27 $ 5,107.09 Palm Beach 672,528 $ 208,961.02 $ 31,344.15 DEPARTMENT OF STATE DIVISION OF ELECTIONS VOTER EDUCATION FUNDS FY 2004 -05 .' °1 "� J 1 COUNTY 2004 PRESIDENTIAL PREFERENCE PRIMARY REGISTERED VOTERS VOTER EDUCATION FUNDING PER COUNTY COUNTY MATCHING FUNDS 15% Pasco 245,539 $ 76,291.37 $ 11,443.70 Pinellas 558,601 $ 173,562.79 $ 26,034.42 Polk 268,779 $ 83,512.26 $ 12,526.84 Putnam 42,171 $ 13,102.94 $ 1,965.44 Santa Rosa 87,307 $ 27,127.14 $ 4,069.07 Sarasota 224,031 $ 69,608.62 $ 10,441.29 Seminole 202,190 $ 62,822.41 $ 9,423.36 St. Johns 97,373 $ 30,254.74 $ 4,538.21 St. Lucie 128,735 $ 39,999.22 $ 5,999.88 Sumter 35,850 $ 11,138.95 $ 1,670.84 Suwannee 20,420 $ 6,344.69 $ 951.70 Taylor 11,066 $ 3,438.31 $ 515.75 union 6,473 $ 2,011.22 $ 301.68 Volusia 277,813 $ 86,319.21 $ 12,947.88 Wakulla 14,124 $ 4,388.46 $ 658.27 Walton 29,213 $ 9,076.76 $ 1,361.51 Washington 13,186 $ 4,097.02 $ 614,55 TOTAL 9,333,469 $ 2,900,000.00 $ 435,000.00 FY 2004 -05 APPROPRIATION - VOTER EDUCATION $2,900,000 2004 Presidential Preference Primary -Total number of registered voters in the state 9,333,469 FUNDING LEVEL PER INDIVIDUAL VOTER $0.3107 (Based on FY 2004 -05 appropriation for Voter Education divided by the total number of registered voters in the state for the 2004 Presidential Preference Primary) The Department of State shall distribute funds appropriated for voter education to county supervisors of elections for the following purposes relating to voter education: mailing or publishing sample ballots; conducting activities pursuant to the Standards for Nonpartisan Voter Education as provided in Rule 1S- 2.033, F.A.C.; print, radio, or television advertising to voters and other innovative voter education programs, as approved by the Department of State. No supervisor of elections shall receive any funds until the county supervisor of elections provides to the Department of State a detailed description of the voter - education programs, such as those described above, to be implemented. The Department shall distribute an amount to each eligible county supervisor equal to the funding level per voter multiplied by the number of registered voters in the county for the 2004 Presidential Preference Primary. The Department shall determine the funding level per voters in the state based on that information. In order for a county supervisor of elections to be eligible to receive state funding for voter education, the county must certify to the Division of Elections that the county will provide matching funds for voter education in the amount equal to fifteen percent of the amount to be received from the state. Additionally, to be eligible, a county must segregate state voter education distributions and required county matching dollars in a separate account established to hold only such funds. Funds in this account must be used only for the activities for which the funds were received. Any funds remaining in the fund at the end of the fiscal year shall remain in the account to be used for the same purposes for subsequent years or until such funds are expended. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS F 0 510' To: Clerk to the Board: Please place the following as a: a. SAM ✓ ✓ ✓ Normal legal Advertisement El Other: j/ A (Display Adv., location, etc.) Originating Dept/ Div: Comm. Dev. Serv./Planning Person: Rick Grigg 2800 North Horseshoe Dr. �tGIC. Ge��/�Naples, FI. 34104 (239)659-5731 Put name & phone number in advertisement. Date: October 25, 2004 Petition No. (If none, give brief description): AVPLAT2004- AR6442 (Park Place West Lot 41) Petitioner: (Name & Address): Jorge & Carolina Diaz 975 Imperial Golf Course Naples, Fl 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) 1) Michael A. Durant, Esq. (Conroy Coleman Hazzard, P.A.) 2640 Golden Gate Parkway, Suite 115 Naples, Fl 34105 (Agent) 2) See list of adjacent property owners. Hearing before ✓ ✓ ✓ BCC BZA Other Requested Hearing date: NOVEMBER 30, 2004 Newspaper(s) to be used: (Complete only if important): ✓ ✓ ✓ Naples Daily News Other ✓ ✓ ✓ Legally Required Proposed Text: (Include legal description & common location & Size: Recommendation to approve Petition AVPLAT2004- AR6442 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 55 foot wide Drainage and Maintenance Easement located on Lot 41, according to the plat of "Park Place West" as recorded in Plat Book 17, Pages 32 through 33, Public Records of Collier County, Florida. Located in Section 15, Township 48 South, Range 25 East. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ✓ ✓ ✓ Yes ❑ No If Yes, what account should be charged for advertising costs: For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 131 - 138327- 649030 R by: � / Approved by: Department Director Date County Administrator Date List Attachments: 1) RESOLUTION WITH EXHIBIT "A" 2) ADJACENT PROPERTY OWNERS DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ✓ ✓ ✓ County Manager agenda file: ✓ ✓ ✓ Requesting Division ✓ ✓ ✓ Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: I/• I S U y Date Received: /�• Z9 o y . Date of Public hearing: II 30 Date Advertised:// At - 0 41 17A am RESOLUTION NO. 2004-. A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2004- AR6442 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 55 FOOT WIDE DRAINAGE AND MAINTENANCE EASEMENT LOCATED ON LOT 41, ACCORDING TO THE PLAT OF "PARK PLACE WEST" AS RECORDED IN PLAT BOOK 17, PAGES 32 THROUGH 33, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Michael A. Durant, Esq., of Conroy, Coleman & Hazzard, P.A, as agent for the petitioners, Jorge and Carolina Diaz, does hereby request the vacation of a portion of the 55 foot wide Drainage and Maintenance Easement located on Lot 41, according to the plat of "Park Place West" as recorded in Plat Book 17, Pages 32 through 33, Public Records of Collier County; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 55 foot wide Drainage and Maintenance Easement located on Lot 41, according to the plat of "Park Place West" as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 55 foot wide Drainage and Maintenance Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of 2 17A BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Jenn' er A. Bel o Assistant County ttorney day of , 2004, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page 2 of 2 Donna Fiala, Chairman / SKETCH OF LEGAL DESCRIPTION PARK PLACE WEST, Lot 41 SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA LOT 40 (OCCUPIED) 164.99' P.O.B- I P.O.C. N89-58'37 "E 0 55.00' to o CA 00 ( W - o • 1.32 s E z vr�' 3 Se SroR y ° ID FNc£ CA o 0 Y r LOT 41 I N� ?'�s• h 170 61 I S s4 SS W LOT 42 (VACANT) I A"EW OF PROPERTY 11J5 IMPERIAL DRIVE CURVE I RADIUS I LENGTH CHORD I BEARING DELTA cl 60.00' 22.78' 22.65' N24.11 -57 "E 21'4520" POC =POINT OF COMMENCEMENT POB =POINT OF BEGINNING THIS IS NOT A SURVEY. SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION CERTIFICATION: CONROY, COLEMAN & HAZZARD, P.A. JORGE and CAROLINA DIAZ COLLIER COUNTY cn O fT1 S90,00'00 "W 55.01' EXHIBIT "A" SHEET I OF 2 I AVPLAT2004- AR6442 I � Iy to b 0 0 Ln L4 0 0 m L4 bo c BY: O 5� CAROL E. NELSON, PLS FLORIDA REG. NO. 5013 CAROL E. NELSON, P.A. PROFESSIONAL LAND SURVEYOR 330 WILSON BOULEVARD SOUTH NAPLES FLORIDA 34117 -9384 (239) 304 -0055 SCALE: 1" =30.0' I I DWG. FILE: [SHEET OF 2 DATE: duly 2004 CHK BY: CE.N. PPWIA41 17A aft EXHIBIT "A" PARK PLACE WEST, Lot 41 SHEET 2 OF 2 AVPLAT2004- AR6442 LEGAL DESCRIPTION Being a part of Lot 41, Park Place West, recorded in Plat Book 17, pages 32 and 33 of the Public Records of Collier County, Florida, more particularly described as follows: Commencing at the Northeast corner of Lot 41, Park Place West, recorded in Plat Book 17, pages 32 and 33 of the Public Records of Collier County, Florida; thence run x'89 °58'37" pjalong the North line of said Lot 41 for 55.00 feet; thence leaving said North line of Lot 41 run S00 °53'00 "E for 28.81 feet to the POINT OF BEGINNING; thence run S72 °16155 "E for 21.32 feet; thence run S17 °43'05 "W for 46.60 feet; thence run N72 °16'55 "W for 5.64 feet, thence run N00 °53'00 "W for 49.16 feet to the Point of Beginning, containing 628 square feet more or less. Bearings used herein refer to the East line of Park Place West, being S00 °53'00 "E. SUBJECT HOWEVER to easements, restrictions and reservations of record. Prepared by: Carol E. Nelson, PLS 330 Wilson Boulevard South Naples, Florida 34117 Date: July 23, 2004 Sheet 2 of 2 vt 17 � A SIM d YO ! YO 7.4 0 0 1 3# 3 j m 3 9.80.0.00 S .. w sc .w w, .N KI .w Cis as 11111111440 .111 ( i� D O A } ..s •� r+1i s+1ttL�no 1,tl,oc•+�1ron am a0 ` ..- i I is a Rot I . 1 ;• I,M1 = I � . 16. •; r !{ CO iy s Ldsl r - -- j l i _J i .�, K1 • .K .K L0 j of M fossil ' - 1 L o 1•- i 'n i~ i • CN �. �Y 1 1 i.'t� ; Os >R .11 •1 y t ' ^ t .�; � � . t: ;•X t ¢ J �� ' t 1 'a ' t1Y1' I ' Joe �' i 1.1i7 �11r .l1� j t ' I '•/� j 1 Lo / N ! � � �rl.,., •r. :n .cl —� to -i ali: l I � 1 1 1 ( 1 r Y VJI 1 I t . t ;....elr.•, • i- z retails Follo No. Page 1 of 1 Current Ownership 7 arty Addressi 1148 IMPERIAL DR Owner Name BREAUGH, MARY Addresses 1148 IMPERIAL DR City NAPLES State FL Zip 34110-A""7 Legal f PARK PLACE WEST (HO) LOT 38 Section Township Range Acres Ma No. P Strap No. 15 48 25 0 3A15 537700 383A15 Sub No. 537700 PARK PLACE WEST R��rea "� '� Use Code 4 HOMEOWNERS Mlllaae 143 13.1244 2004 Preliminary Tax Roll Values Latest Sales History Land Value +) Improved Value �— $ —0.00 $19 300.00 ( =) Market Value $ 190,300.00 SOH Exempt Value $ 25,868.00 (_) Assessed Value $ 164,432.00 } Homestead and other Exempt Value $ 25,000.00 (_) Taxable Value L— $ 139,432.00 ;reases. Date Book -Page Amount 03 / 1997 2�131Z �_ $ 185,000.00 The Information is Updated Weekly. : p:// Www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000066040002905 8/12/2004 retails Page 1 of 1 Current Ownershi 17A Folio No. 66040000758 Map Pro art Address 1144 ARISTOCRAT CT S Owner Name PARK PLACE WEST HOMEOWNERS Addresses ASSOCIATION INC 9225 GULF SHORE DR C1ty NAPLES State I FL Zip 34108 - 2007 Legal PARK PLACE WEST TRACT C OR 2006 PG 410 Section Township �— Range 15 Acre� - --MMaap No. Strap No. 48 25 0 I s�v15 537700 C 13A15 Sub No. 537700 PARK PLACE WEST `'� Mlllage Area i " Use Code 0 VACANT RESIDENTIAL 143 13.1244 2004 Preliminary Tax Roll Values Latest Sales History Land Value $ 200.00 +) Im roved Value $ 0.00 (_} Market Value $ 200.00 -} SOH Exempt Value �— $ 0.00 (_) Assessed Value Cam_$ 200.00 -) Homestead and other Exempt Value �— $ 0.00 (_) Taxable Value $ 200.00 ;reases. Date Book -Page Amount 11 / 1994 2006 - 410 $ 0.00 The Information is Updated Weekly. p: / /www.collierappraiser. com/RecordDetail. asp ?FolioID = 0000066040000758 8/12/2004 retails Current Ownership Page 1 of 1 17A Folio N0.0 66040002950 M � Pro a AddressIl 1140 IMPERIAL DR Owner Namell JABLONSKI, MARGARET M A!!%F,14(0 IMPERIAL DR NAPLES State FL 2I 34110 - 8127 Legaill PARK PLACE WEST (HO) LOT 39 Section Township Ran e 9 Acres Ma No. Strap No. 15 48 25 0 3A15 537700 393A15 Sub No. 537700 PARK PLACE WEST Millage Area Use Code 4 HOMEOWNERS Millaae 143 13.1244 2004 Preliminary Tax Roll Values Latest Sales History Lana vawe $ 0.00 +) Improved Value $ 204,300.00 (_) Market Value $ 204,300.00 -} SOH Exempt Value $ 19,076.00 (_) Assessed Value $ 185,224.00 -) Homestead and other Exempt Value �— $ 25,000.00 (_) Taxable Value $ 160,224.00 -- - -- r, w cap on assessment ;reases. Date Book -Page Amount O6 / 2002 X055 _ 1� $ 0.00 06 ! 2002 3055 -1621 $ 202,000.00 11 ! 1999 11 / 1999 1 2608 ._2925 _ 2608-9923 $ 0.00 $ 0.00 11 / 1996 225Q -2259- $ 213,000.00 The Information is Updated Weekly. : p:// www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000066040002950 8/12/2004 VMS 1`0110 No.0 66040003001 Current Ownership erty Address 11136 IMPERIAL DR Page 1 of I Owner Name HORSFALL, SUSAN LUDDEN e Addresses 1136 IMPERIAL DR C4 NAPLES State FL ZI 34110-R-197 Legal PARK PLACE WEST (HO) LOT 40 2004 Preliminary Tax Roll Values Land Value -- 1 $ OAO +) Improved Value $ 199,300.00 (_) Market Value $ 199,300.00 SOH Exempt Value 1 $19,171.00 M Assessed Value $ 180,129.00 $ 25,000.00 -) Homestead and other Exempt Value (_) Taxable Value �- $ 155,129.00 - - - - - -- - -• • •�•• .-� ....... �.F.a —1— uuc w uaN UII absessmeni ;reases. Latest Sales History Date Book - Page Amount 05/2001 2830 .3321 $ 219,000.00 0811999 2580 - 1958 $ 185,000.00 08 ! 1995 2,087 -�- M $ 0.00 08 / 1995 2087-1337 $0.00 1994 P0E3/ 2D01�8� $ 145,000.00 1994 1922 -��Q1. $ 288,000.00 The Information is Updated Weekly. : p:// Www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000066040003001 8/12/2004 SAM ,etails Page 1 of 1 Current Ownership Folio No.11 66040003108 .Mall Pro eft Address 1139 IMPERIAL DR Owner Narnell ADAMS, JAMES L =& CONNIE M Addresses 2012 DUKE DR Ci NAPLES State FL Zip 34110 - 0000 Legaill PARK PLACE WEST (HO) LOT 42 Section Township Range Acres Ma No. P Strap No. 15 48 25 0 3A15 =1 537700 423A15 Sub No. 5-3-77- 0-0- -� PARK PLACE WEST 4 (HOMEOWNERS 2004 Preliminary Tax Roll Values Land Value - -��— $ 48,560.00 +) Improved Value $ 0.00 (_) Market Value $ 48,560.00 SOH Exempt Value $ 0.00 (_) Assessed Value $ 48,560.00 I Homestead and other Exempt Value $ p,00 _) Taxable Value -,U �— $ 48,560.00 - --- __ I -•••-- --r..a�uc uuc w c P uij a55B5smem :reases. 143 11 13.1244 Latest Sales History Date I Book - Page Amount 03/2004 3510 -1063 $ 105,000.00 0812000 2716 - 2466 $ 50,500.00 0311994 "Z2--jqQl $ 288,000.00 The Information is Updated Weekly. tp: / /www. collierappraiser .com /RecordDetail.asp ?FolioID= 0000066040003108 8/12/2004 retails Page 1 of 1 Current Ownershi Folio No. 66040003153 Man Pro ert Address F1 143 IMPERIAL DR Owner Name AMATO TR, ELIZABETH A Addresses I F /B /O ELIZABETH A AMATO 1143 IMPERIAL DR City NAPLES State FL Zip 34110 - 8130 Legal PARK PLACE WEST (HO) LOT 43 OR 1922 PG 1901 Section Township Range Acres Map No. Strap No. 15 48 11 25 0 71 3A15 5377060433A15 Sub No. 537700 PARK PLACE WEST Millage Area Millaoe Use Code 4 HOMEOWNERS 143 13.1244 2004 Preliminary Tax Roll Values Latest Sales History Land Value $ 0.00 +) Improved Value $ 193,300.00 ( =) Market Value - - -� $ 193,300.00 SOH Exempt Value (_ Assessed Value $ 0.00 $ 193,300.00 Homestead and other Exempt Value $-070-0-1 (_) Taxable Value �— $ 193,300.00 _ — ... ......— 111N1 v 1UC UUU W udp un assessment ,reases. Date Book - Page —� Amount —� 10/2001 2904_ 1618 $ 0.00 05/2000 2676_11- ,000.00 03/1994 1922 -1901 �$,o 00.0 0 The Information is Updated Weekly. Lp:// www. collierappraiser .com/RecordDetail .asp ?FolioID = 0000066040003153 8/12/2004 retails Page 1 of 1 Current Ownership Folio No. 66040003205 Pro a Address 1147 IMPERIAL DR Owner Name URCIUOLI, CARLO Addresses 1147 IMPERIAL DR City NAPLES State FL �Z71p341 10 - Legal PARK PLACE WEST (HO) LOT 44 Sectlon Township Range Acres Ma No. Strap No. P 15 48 25 0 3A15 537700 443A15 Sub No. I 537700 I PARK PLACE WEST Use Code 4 - -1 HOMEOWNERS 2004 Preliminary Tax Roll Values Land Value - -�r +) Improved Value $ 0.00 $ 207,700.00 (_) Market Value $ 207,700.00 SOH Exempt Value $ 0.00 ( =) Assessed Value $ 207,700.00 Homestead and other Exempt Value (_) Taxable Value $ 25,000.00 $ 182,700.00 :reases. 143 Latest Sales History 13.1244 Date Book - Page Amount 06/2003 3520 -- 9_19,q $ 250,000.00 06/2000 2682.877 �– $ 35,000.00 03 ! 1994 9922 -1�1 —� $ 288,000.00 The Information is Updated Weekly. : p:// Www. collierappraiser .com/RecordDetail.asp ?FolioID= 0000066040003205 8/12/2004 17q November 1, 2004 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVPLAT2004- AR6442 - Park Place West Lot 41 Dear Pam: Please advertise the above referenced notice on Sunday, November 14, 2004, and again on Sunday, November 21, 2004, and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P.O. /Account ## 912501 17A W^ NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 30,2004 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AVPLAT2004- AR6442 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 55 foot wide Drainage and Maintenance Easement located on Lot 41, according to the plat of "Park Place West" as recorded in Plat Book 17, Pages 32 through 33, Public Records of Collier County, Florida. Located in Section 15, Township 48 South, Range 25 East. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development /Planning Services Section at (239) 659 -5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Linda A. Houtzer, Deputy Clerk (SEAL) Cann ' - of-Colher °� CLERK OF TIFF✓ CIRCUIT COURT Dwight E. Brock COLLIER COUNTY C;OURTPJOUSE Clerk of Courts 3301 TAMIAMI TkAIL EAST Clerk of Courts . P.O. BOX 4P 044 Accountant NAPLES, FLORIDA 31101 -3644 Auditor Custodian of County Funds November 1, 2004 Jorge & Carolina Diaz 975 Imperial Golf Course Naples, FL 34110 Re: Petition AVPLAT2004- AR6442 (Park Place West Lot 41) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk(a�clerk collier.fl.us Cnunfy of Collier 17A aft CLERK OF TI�� CIRCUIT COURT ' Dwight E. Brock COLLIER COUNTY COURT4.OUSE Clerk of Courts 3301 .TAMIAMI T1AIL EAST Clerk of Courts . P.O. BOX 4h�044 Accountant NAPLES, FLORIDA 3101 -30x}4 Auditor f" ! Custodian of County Funds November 1, 2004 Michael A. Durant, Esq. Conroy, Coleman and Hazzard, P.A. 2640 Golden Gate Parkway, Suite 115 Naples, FL 34110 Re: Petition AVPLAT2004- AR6442 (Park Place West Lot 41) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 4-x� ai-, - Al&c� ''6 - d. Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk4clerk collie r.Mus -Capri tY of- Collier1 7A CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTYc�oURT4'OUSE 3301 TAMIAMI TRAIL EAL T Clerk of Courts Clerk of Courts • P.O. BOX 4 i�044 Accountant NAPLES, FLORIDA 31101 -30}4 Auditor y� Custodian of County Funds November 1, 2004 Mary Breaugh 1148 Imperial Drive Naples, FL 34110 -8127 Re: Petition AVPLAT2004- AR6442 (Park Place West Lot 41) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ��EOZOE� Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerkn clerk. collier.fl.us Ca4nt� of Collier CLERK OF THt CIRCUIT C OURT 17A Dwight E. Brock COLLIER COUNTY C;OUR I OUSE Clerk of Courts 3301 -.TAMIAMI T WL EAST Clerk of Courts P.O. BOX 411044 Accountant NAPLES, FLORIDA 3, ,101 -30x}4 Auditor Custodian of County Funds November 1, 2004 %7 Park Place West Homeowners Association Inc. 9225 Gulf Shore Drive Naples, FL 34108 -2007 Re: Petition AVPLAT2004- AR6442 (Park Place West Lot 41) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerkLa)clerk collier.fl.us County -o 17A f- Collier CLERK OF TIC CIRCUIT COURT COLLIER COUNTY URT OUSE Dwight E. Brock � Clerk of Courts 3301 -TAMIAMI IL EAST Clerk of Courts . P.O. BOX 0044 Accountant NAPLES, FLORIDA 31101 -3044 Auditor Custodian of County Funds November 1, 2004 Margaret M. Jablonski 1140 Imperial Drive Naples, FL 34110 -8127 Re: Petition AVPLAT2004- AR6442 (Park Place West Lot 41) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk(aclerk collier.fl.us C 4'.1y -Of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY URT4,OUSE 7erA Clerk of Cou 3301 TAMIAMI TAIL EAST Courts Courts . P O. BOX 414044 Accountant NAPLES, FLORIDA"31101 -36+4 Auditor Custodian of County Funds November 1, 2004 Susan Ludden Horsfall 1136 Imperial Drive Naples, FL 34110 -8127 Re: Petition AVPLAT2004- AR6442 (Park Place West Lot 41) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK J lam. pyC' vL ze Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk(a clerk collier.fl.us Cannty.of-Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY 7A Dwight E. Brock TY URTF'�OUSE Clerk of Courts 3301 -.TAMIAMI TAIL EAT Clerk of Courts . P.O. BOX 4fi1044 Accountant 3, NAPLES, FLORIDA 101 -3044 Auditor Custodian of County Funds November 1, 2004 James L. & Connie M. Adams 2012 Duke Drive Naples, FL 34110 -0000 Re: Petition AVPLAT2004- AR6442 (Park Place West Lot 41) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK WA 0. i Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.Clerk.collier.fl.us Email: collierclerk gclerk.collier.fl.us Xift C04 - of Collier CLERK OF TIHt CjRC.jIT COURT 17A Dwight E. Brock COLLIER COUNTY CiOURT40USE Clerk of Courts 3301-TAMIAMI TRAIL EAST Clerk of Courts . P.O. BOX 4x1044 Accountant NAPLES, FLORIDA 3101 -36}4 Auditor Custodian of County Funds November 1, 2004 ' Elizabeth A. Amato TR F /B /O Elizabeth A. Amato 1143 Imperial Drive Naples, FL 34110 -8130 Re: Petition AVPLAT2004- AR6442 (Park Place West Lot 41) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 4kce� 0-. 5qc-�' 4'� Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerknclerk.collier.fl.us `U.,— unty -of Collier CLERK OF THE CIRCUIT COURT 17A Dwight E. Brock COLLIER COUNTY CjOURT4.OUSE 3301.TAMIAMI TAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 41�a044 Accountant NAPLES, FLORIDA ,31101 -3644 Auditor Custodian of County Funds November 1, 2004 Carlo Urciuoli 1147 Imperial Drive Naples, FL 34110 -8130 Re: Petition AVPLAT2004- AR6442 (Park Place West Lot 41) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www- clerk.collienfl.us Email: collierclerkna clerk.collier.Mus Zinda- -4 jloutzer -From -4. Noutzer Sent.• r'�lon�iay, - A1OVem9er ol, 2004 2 401'. 1 moo' legal (T =mail) Suloect.• A 'Y.41'l./47=20o4 -ADZ -6442 17A Hi Again, Please advertise the attached notice on Sunday, November 14, 2004 and again on November 21, 2004. If you have any questions, please call 774 -8411. Thank you, Linda Minutes and Records 1 AV P LAT2004- AR64AV P LAT2004 -AR64 42.doc 42.doc If you have any questions, please call 774 -8411. Thank you, Linda Minutes and Records 1 L'in a -4. JWoutzer 17A _'rom Sent. 1o.• Su,6 ea- ATT261192.txt _Postmastergclerk: cone) -, us Monday November oz, 2oo4 2.4o yM 1 inch A YY'outzer Delvery Status Notification (-Relay) Lj 4VAPLAT- 2004 -AR. 6442 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 17A Linda �. �loutzer .F'r'om' a�l mews COMJ Sent- .r' Onday, -,Vovem6er 01, 2004 2.301'r'1�l -o' Linda -4. JVoutzer Su6j A V APLAT- 2004 -AR -6442 Linda A. Houtzer From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, November 01, 2004 5:00 PM To: Linda A. Houtzer Subject: RE: AVAPLAT- 2004 -AR -6442 ME - - - -- Original Message---- - From: Linda A. Houtzer [mai Ito: Linda. Houtzer @clerk. coil ier. fl. us] Sent: Monday, November 01, 2004 2:40 PM To: Legals (E -mail) Subject: AVAPLAT- 2004 -AR -6442 Hi Again, Page 1 of 1 17A %"' Please advertise the attached notice on Sunday, November 14, 2004 and again on November 21, 2004. <<AVPLAT2004- AR6442.doc>> <<AVPLAT2004- AR6442.doc>> If you have any questions, please call 774 -8411. Thank you, Linda Minutes and Records 11/2/2004 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News -------------------------------------------------- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 912501 58939501 AVPLAT- 2004- AR -6442N State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 11/14 11/21 AVPLAT AR44Q FG 42% hereof County a1nn11ssloner of Coi- 2Re County, wit I hold a toHance >fssement locannitpp. on Lot off -park Place West, as record. ed Pages 32athrough 33; Public Records of Collier county. In Township 48 South Range Ill,E� _.... , INOTE: All Persons wish. leak on any s n must teL t! the Goupty pd. ;, Mauna or JIM la nized byte Chair, a spokesperson for a y p teaI0 in mage aliOttl m utes to speak on an Item. rsons_ wlshin re- ce ruts IM t_Bo _ d o 'b't rc AD SPACE: 115.0 0 0 INCH shall be 'j t1eie FILED ON: 11/22/04 I the appropriate County -- - - - - - - - ----- - - - - - - - - ----- - - - - -- staff A�Minimumofsev. ----------------- +------------------ - - - --� en days prior to the / public hearing All me. Signature of Affiant erial used in present- ^ tlons bafore- the Board Sworn to and Subscribed before me this ` da f ' ^� entpartofthearecord. °' ��. Y � D7 : 20C• Personally known by me Any person who decid. f.+, es to peal a decislon of the wNl need a record of the proceed. Ings ertainin th COBOARD gg��ppOFRRCCOUNTY LkLIIERNCfjUNTY, FLORIDA DONNA FIALA, CHAIR- MAN DWIGHT E. BROCK, CLERK Depot /y Llndl A. Houtzer, (SEALS Nov. 14,21 No.81728g and the G ereto refoM may need a Fib iarriett n3ushong to ensure tfiat a vetba. tlm record 0OMMlSSj0N # DD234689 EkPIkE` o ceedln� (t pro- ° 3uty 2�a,'001 9• y Nn �,.Nw�_k,aNCE inc record Includes the tea timon Y and evidence �rw, nnaQ F upon which the appeal Is based. Any questions or con. COBOARD gg��ppOFRRCCOUNTY LkLIIERNCfjUNTY, FLORIDA DONNA FIALA, CHAIR- MAN DWIGHT E. BROCK, CLERK Depot /y Llndl A. Houtzer, (SEALS Nov. 14,21 No.81728g ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Sue Filson (line 95)_ Route to Addressee(s) (List in routing order) Office Initials Date 1. SANDRA LEA COMMUNITY DEVELOPMENT (Initial) fl �?/r/1 2. XXXXXXX NOVEMBER 30, 2004 Agenda Item Number 1 % _ 3. XXXXXXX by the Office of the County Attorney. This includes signature pages from ordinances, 4. XXXXXXX RESOLUTION Number of Original 1 (4 PAGES) 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff RICK GRIGG Phone Number 659-5731 Contact appropriate Original document has been signed /initialed for legal sufficiency. (All documents to be (Initial) Applicable) Agenda Date Item was NOVEMBER 30, 2004 Agenda Item Number 1 % _ Approved b the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document RESOLUTION Number of Original 1 (4 PAGES) Attached I AVPLAT2004 — AR6442 Documents Attached INSTRITCTIONR & ruFrur .rc r L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. appropriate Original document has been signed /initialed for legal sufficiency. (All documents to be (Initial) Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from RSG contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are required. RSG 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain RSG time frame or the BCC's actions are nullified. Be aware of your deadlines! L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 �a 3517673 OR; 3689 PG; 1151 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/03/2004 at 08:28AN DWIGHT E. BROCK, CLERK REC FEE 35.50 COPIES 4.00 Retn; CLERK TO THE BOARD 17A INTEROFFICE 4TH FLOOR E %T 7240 RESOLUTION NO. 2004— 364 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2004- AR6442 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 55 FOOT WIDE DRAINAGE AND MAINTENANCE EASEMENT LOCATED ON LOT 41, ACCORDING TO THE PLAT OF "PARK PLACE WEST" AS RECORDED IN PLAT BOOK 17, PAGES 32 THROUGH 33, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Michael A. Durant, Esq., of Conroy, Coleman & Hazzard, P.A, as agent for the petitioners, Jorge and Carolina Diaz, does hereby request the vacation of a portion of the 55 foot wide Drainage and Maintenance Easement located on Lot 41, according to the plat of "Park Place West" as recorded in Plat Book 17, Pages 32 through 33, Public Records of Collier County; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 55 foot wide Drainage and Maintenance Easement located on Lot 41, according to the plat of "Park Place West" as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 55 foot wide Drainage and Maintenance Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of 2 OR: 3689 PG: 1152 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this }� �� day of �� 11 (-'Ipl QT , 2004, after motion, second and majority vote favoring same. ATT�T�:. DWIGd E; BRQCK,�?Clerk p D6puty Clerk, Attest as to CMairman's signature oa l y. Approved as to form and legal sufficiency: Jenm er A. Bel o Assistant County ttorney Page 2 of 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Donn Fiala, Chairman CURVE RADIUS I LENGTH CHORD I BEARING DELTA Cl 60.00' 22.78' 22.65' N24'11'57 "E 21'45'20" 7 POC =POINT OF COMMENCEMENT BY: Z/ POB =POINT OF BEGINNING T" THIS IS NOT A SURVEY. CAROL E. NELSON, PLS SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION FLORIDA REG. NO. 5013 CERTIFICATION: CAROL E. NELSON, P.A. CONROY, COLEMAN & HAZZARD, P.A. 330 �o Nr BOULEVARD ARD SOUTH JORGE and CAROLINA DIAZ N`` PL FLORIDA 34117 -9364 239) 304 -0055 COLLIER COUNTY SCALE: 1" =30.0' =C.E.N.PPWID41 MK- SHEET DATE: _ July 2004 CHK BY: 1 OF 2 EXHIBIT "A" SKETCH OF SHV,T F z \ LEGAL DESCRIPTION I ATP 6442 1/ PARK PLACE WEST, Lot 41 \ SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA y LOT 40 to I(OCCUPIED) ( P O C I cl 164.99' N89'58'37 "E b � Ln 55.00' °0 i Cl N 0o CA m W P. 0. B. ''' �, 2 32,' o c CA SID � TpRY L m C, Np£ o V' c o 0 �' m LOT 41 N;2'16.55 66, I 564 � "bV ITI w � . so, o LOT 42 (VACANT) p rn ADDRESS OF PROPERTY.- 00 }� 1135 IMPERIAL DRIVE S90'00'00 "W v 55.01 ' I ,� cam-, CA-3 CURVE RADIUS I LENGTH CHORD I BEARING DELTA Cl 60.00' 22.78' 22.65' N24'11'57 "E 21'45'20" 7 POC =POINT OF COMMENCEMENT BY: Z/ POB =POINT OF BEGINNING T" THIS IS NOT A SURVEY. CAROL E. NELSON, PLS SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION FLORIDA REG. NO. 5013 CERTIFICATION: CAROL E. NELSON, P.A. CONROY, COLEMAN & HAZZARD, P.A. 330 �o Nr BOULEVARD ARD SOUTH JORGE and CAROLINA DIAZ N`` PL FLORIDA 34117 -9364 239) 304 -0055 COLLIER COUNTY SCALE: 1" =30.0' =C.E.N.PPWID41 MK- SHEET DATE: _ July 2004 CHK BY: 1 OF 2 OR: 3689 PG: 115 17 EXHIBIT "A" PARK PLACE WEST, Lot 41 SHEET 2 OF 2 AVPLAT2004- AR6442 LEGAL DESCRIPTION Being a part of Lot 41, Park Place West, recorded in Plat Book 17, pages 32 and 33 of the Public Records of Collier County, Florida, more particularly described as follows: Commencing at the Northeast corner of Lot 41, Park Place West, recorded in Plat Book 17, pages 32 and 33 of the Public Records of Collier County, Florida; thence run 15'$9 °58'37" Q along the North line of said Lot 41 for 55.00 feet; thence leaving said North line of Lot 41 run S00 °53'00 "E for 28.81 feet to the POINT OF BEGINNING; thence run S72 016'55 "E for 21.32 feet; thence run S 17 °43'05 "W for 46.60 feet; thence run N72° 16'55 "W for 5.64 feet, thence run N00 °53'00 "W for 49.16 feet to the Point of Beginning, containing 628 square feet more or less. Bearings used herein refer to the East line of Park Place West, being S00 °53'00 "E. SUBJECT HOWEVER to easements, restrictions and reservations of record. Prepared by: Carol E. Nelson, PLS 330 Wilson Boulevard South Naples, Florida 34117 Date: July 23, 2004 Sheet 2 of 2 Li COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ✓ ✓ ✓ Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm. Dev. Serv./Planning Person: Rick Grigg 2800 North Horseshoe Dr. Naples, Fl. 34104 (239)659-5731 Put name & phone number in advertisement. Date: October 28, 2004 Petition No. (If none, give brief description): AVPLAT2004- AR5886 (Pelican Bay Unit One Site 52 Block A) Petitioner: (Name & Address): Francis T. & Nancy T. Schwerin 703 Bobwhite Lane Naples, Fl 34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) 1) Peter J. Iacono, Esq. (Bond Schoeneck King, R.A.) 4001 Tamiami Trail North, Suite 250 Naples, FI 34103 -3555 (Agent) 2) See list of adjacent property owners. Hearing before ✓ ✓ ✓ BCC BZA Other Requested Hearing date: NOVEMBER 30, 2004 Newspaper(s) to be used: (Complete only if important): ✓ ✓ ✓ Naples Daily News Other ✓ ✓ ✓Legally Required Proposed Text: (Include legal description & common location & Size: Recommendation to approve Petition AVPLAT2004- AR5886 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 10 foot wide Utility Easement located along the rear of Site 52, Block A, according to the plat of "Pelican Bay Unit One" as recorded in Plat Book 12, Pages 47 through 52, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation Utility Easement. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ✓ ✓ ✓ Yes ❑ No If Yes, what account should be charged for advertising costs: For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 131 - 138327- 649030 Revie ved by: Department Director Date / Approved by: County Administrator Date List Attachments: 1) RESOLUTION WITH EXHIBITS "A" & "B" 2) ADJACENT PROPERTY OWNERS DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ✓ ✓ ✓ County Manager agenda rile: ✓ ✓ ✓ Requesting Division ✓ ✓ ✓ Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Zq•G Y Date of Public hearing: 11- 30 Cy Date Advertised: t o2I-Oct 17B a" RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2004- AR5886 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE REAR OF SITE 52, BLOCK A, ACCORDING TO THE PLAT OF "PELICAN BAY UNIT ONE" AS RECORDED IN PLAT BOOK 12, PAGES 47 THROUGH 52, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 10 FOOT WIDE RELOCATION UTILITY EASEMENT. LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Peter J. Iacono, Esq., from Bond, Schoeneck & King, P.A., as agent for the petitioners, Francis T. Schwerin, M.D. and Nancy T. Schwerin, does hereby request the vacation of a portion of the 10 foot wide Utility Easement located along the rear of Site 52, Block A, according to the plat of "Pelican Bay Unit One" as recorded in Plat Book 12, Pages 47 through 52, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation Utility Easement along the northwesterly property line of the abutting parcel of land also owned by the petitioners which is northwest of said Site 52, Block A; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 10 foot wide Utility Easement located along the rear of Site 52, Block A, according to the plat of "Pelican Bay Unit One," and to accept a 10 foot wide relocation Utility Easement along the northwesterly property line of the abutting parcel of land also owned by the petitioners which is northwest of said Site 52, Block A, as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 10 foot wide Utility Easement located along the rear of Site 52, Block A, according to the plat of "Pelican Bay Unit One," are Page 1 of 2 hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 10 foot wide relocation Utility Easement, more particularly described in Exhibit `B" attached hereto and incorporated herein, is hereby accepted as a relocation Utility Easement for that portion of the 10 foot wide Utility Easement vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Je fifer A. Be edio Assistant County Attorney day of 2004, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Donna Fiala, Chairman Page 2 of 2 as / � 1 0 � GOLF COURSE �� / W Q try (PARCEL M) <v ° o 4j� �ppp� °a 10' 2 X05 6�ygE0 �Es to 9 SITE 52 �0 BLOCK 'A" 2 Q o SITE 51 BLOCK'A" ° °o. VACATED EASEMENT DESCRIPTION A PLATTED UTILITY EASEMENT ACROSS THE NORTHERLY 10 FEET OF SITE 5L-, BLOCK A, PELICAN BAY UNIT DN£ AS RECORDED IN PLAT BOOK 12, PAGES 47 -52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE WESTERLY 26.05 FEET. CONTAINING 1456 SQUARE FEET OR 0.033 ACRES, MORE DR LESS �ns- av runs Certificate Number 4520 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. SKETCH & DESCRIPTION V P.C. LEGEND 17 P.0 PEW DF CURVATURE P. r. PDLVT OF TANGENCY PLS PROFESSIONAL LAND SURVEYOR LIE, LICENSED BUSINESS CENTERLINE N S/TE 53 0. BLOCK "A" CP. N I �c�. a' 3A, 6'Z A1' 10 59 -A 5 �h' DLG'S5 8 EXHIBIT "A" �4 SHEET I OF I / AVPLAT2004- AR5886 FRANCIS T. & NANCY SCHWERIN SKETCH & DESCRIPTION " -'7 • za __ ate, _�__ __._ & sue. YuTwyMy & Yd.d Ala n f071 6& id— X-A MP -E—V= XyJy J410t (239LfLt ,- 5965 a s P.O.B NORTHEAST CORNER SKETCH & DESCRIPTION SITE 51 BLOCK "A" EASEMENT DESCRIPTIO LEGEND 8 STTE 52 POINT OF CURVAT 11.57' P. r. POINT OF TANGENCY 11.05' PLS PROFESSIONAL LAND SURVEYOR L.B. LICENSED BUSINESS E CENTERLINE GOLF COURSE (PARCEL M) -W 4v h /off. 4�y PLATTED / NORTHERLY LINE OF SITE 52 / PO E 9p E%5 `5� GE�t SrrE 52 BLOCK "A" 2 0 Q. r's.. /s O 00, SITE 51 BLOCK "A" EASEMENT DESCRIPTIO LINE LEGEND 8 P.C. POINT OF CURVAT 11.57' P. r. POINT OF TANGENCY 11.05' PLS PROFESSIONAL LAND SURVEYOR L.B. LICENSED BUSINESS E CENTERLINE LINE BEARING DISTANCE L1 S 26'28'00" E 11.57' L2 N 55'55'37" E 11.05' L3 S 34'04'25" E 6.23' �P SITE 53 1 BLOCK "A" N MCP. lI B 00 S/JJ D� ,55 59 �� QO P.C. CD G8 / / COMMENCING AT THE POINT OF BEGINNING WHICH IS THE NORTHEAST CORNER AT SITE 52, BLOCK A, PELICAN BAY UNIT ONE AS RECORDED IN PLAT BOOK 12, PAGES 47 THROUGH 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA! THENCE SOUTH 26.28'00' EAST 11.57 FEET ALONG THE EAST LINE OF SAID SITE 521 THENCE SOUTH 332125' WEST 105,93' TO AN EXISTING EASEMENT ON THE NORTHERLY LINE OF SAID SITE 521 THENCE SOUTH 55'5537` WEST 11.05 FEET ALONG SAID NORTHERLY LINE OF SAID SITE 521 THENCE NORTH 34.04 25' VEST 6.23 FEETI THENCE NORTH 332125' EAST 119.56 FEET TO THE POINT OF BEGINNING, Da v!d ff Bruns PL Certificate Number 4500 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF 4 FLORIDA LICENSED SURVEYOR AND MAPPER. yPl �$ti bc EXHIBIT `B" SHEET I OF 1 AVPLAT2004- AR5886 �, i ,Rf � itI -+MY 154.99 w b6 B op CZ`el 0 A6 w o g bs� 4 9Z N ^0'. g a r u� OL _q$q Pfi /LV _ o -�" /�Q . ^o N /-- I\ �� p`1 V 0g 9b o /y`�` N nN�. G' 35 C��S Oat-' $�a E2 53 {Q 0 Ilb zE� wm� . �ry BZ �ry 000e N o'a 69S n6A' � � N o fg OFC �� OSLL r ^�, dre 90 600 F-t .t 'o Sig. � 1: 1p r a d ol a vs U F [ .� ry o o 147.14 � S. IQ 14 LO m _ 6 a6 � � a � v a6 � _ o poL N� �N a O 0-- �- v w o (� CL 149.30 155.00 Z V } 00--, � sx M 13 N �St 52.36 6pZ9 Cg Z,A1z'9g CD t � v219 co 1Q _ 99'1 10?, 6 0911' _7 C M;,' 15, Eb•96 � 0.61 - � i � i�h r COLLIER COUNTY FLORIDA P REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ✓ ✓ ✓ Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv. /Planning Person: Rick Grigg 2800 North Horseshoe Dr. 0 t ale_ :fw- y Naples, Fl. 34104 (239) 659 — 5731 Put name & phone number in advertisement. Date: November 1, 2004 Petition No. (If none, give brief description): AVPLAT2004- AR6555 (CASTLEWOOD LOT 18) Petitioner: (Name & Address): Robert & Barbara Pollak 1789 Supreme Court Naples, Fl 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) 1) Greg Schmidt (Coastal Breeze Homes) 9180 Galleria Court Naples, Fl 34110 (Agent) 2) See list of adjacent property owners. Hearing before ✓ ✓ ✓ BCC BZA Other Requested Hearing date: NOVEMBER 30, 2004 Newspaper(s) to be used: (Complete only if important): ✓ ✓ ✓ Naples Daily News Other ✓ ✓ ✓ Legally Required Proposed Text: (Include legal description & common location & Size: Recommendation to approve Petition AVPLAT2004- AR6555 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 15 foot wide drainage easement located along the rear of lot 18, according to the plat of "Castlewood at Imperial" as recorded in Plat Book 39, Pages 81 through 82, Public Records of Collier County, Florida. Located in Section 14, Township 48 South, Range 25 East. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ✓ ✓ ✓ Yes ❑ No If Yes, what account should be charged for advertising costs: For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 131- 138327 - 649030 Ruby: !� Department Director Date Approved by: County Administrator Date List Attachments: 1) RESOLUTION WITH EXHIBIT "A" 2) ADJACENT PROPERTY OWNERS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ✓ ✓ ✓ County Manager agenda file: ✓ ✓ ✓ Requesting Division ✓ ✓ ✓ Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: 11-2 'O V Date of Public hearing: 11'30'041 Date Advertised: )etails Current Ownership Folio No. 66280920009 Man Property Address 700 BUTTONBUSH LN Owner Name FEERICK TR, ROBERT M Addresses ROBERT M FEERICK 2000 TRUST UTD 12/15/2000 700 BUTTONBUSH LN City NAPLES —1� Legal PELICAN BAY UNIT 1 BLK A SITE 17 Stately FL Page 1 of 1 Zip(( 34108 - 3425 2004 Preliminary Tax Roll Values Land Value —�� ( +) Improved Value $ 697,201.00 $ 466,376.00 (_) Market Value $ 1,163,577.00 -} SOH Exempt Value (_} Assessed Value $ 325,062.00 $ 838,515.00 -) Homestead and other Exempt Value L $ 25,000.00 —$ (_) Taxable Value 813,515.00 P, —luC uua w cap on assessment creases. Latest Sales History Date 01 / 2001 Book - Page Amount I 27_2092 $ 0.00 07 / 1999 10 / 1982 _ 2568 - 2160 $ 844,000.00 1 990 -1$94 200,000.0 The Information is Updated Weekly. tP: / /www. collierappraiser .com /RecordDetail.asp ?FolioID= 0000066280920009 7/23/2004 0 )etails Current Ownership Folio No.11 66280960001 (�.p 11 Property Addressli 700 BOB WHITE LN Owner Name MIXON, A MALACHI =& BARBARA W Addressesl 3105 TOPPING LN City CHAGRIN FALLS Statel OH Legal EPELICAN BAY UNIT 1 BLK A SITE IF 18 OR 1737 PG 1361 Page 1 of 1 Zip(( 44022 - 6649 1 2004 Preliminary Tax Roll Values Land Value —�� $ 306,050.00 ( +) Improved Value $0.001 (_) Market Value $30 050.00 ( -) SOH Exempt Value � $ 0.00 (_) Assessed Value —$ 306,050.00 ( -) Homestead and other Exempt Value �— $0100-1 (_) Taxable Value $ 306,050.00 N, value uue io cap on assessment creases. Latest Sales History Date Book - Page F Amount The Information is Updated Weekly. tP:// WwW. collierappraiser .com/RecordDetail.asp ?FolioID= 0000066280960001 7/23/2004 sm )etails Current Ownership Folio No. 66282240004 Map Propert Address 1700 BOB WHITE LN Owner Name MIXON, A MALACHI =B BARBARA W Addresses 3105 TOPPING LN City CHAGRIN FALLS Statel OH Legall PELICAN BAY UNIT 1 BLK A SITE 50 OR 1737 PG 1361 Section Township Range , Acres 09 49 IF 25 0.37 Sub No. 541300 PELICAN BAY UNIT 1 Use Code I 1 I SINGLE F AMILY RESID 2004 Preliminary Tax Roll Values Land Value - - -�� $ 472,705_00 ( +) Improved Value $7681,402.00 (_) Market Value $ 1,154,107.00 ( -) SOH Exempt Value �— $ 0.00 (_) Assessed Value $ 1,154,107.00 -) Homestead and other Exempt Value F— $ 0.00 (_) Taxable Value $ 1,154,107.00 uuc w cap un assessment creases. Page 1 of 1 l78 44022-6649 lap No. _____j Strap No. 4A09 541300 A 504A09 ENTIAL If 79 11 13.2581 Latest Sales History Date Book - Page -1 Amount The Information is Updated Weekly. tp: / /Www. collierappraiser .com /RecordDetail.asp ?FolioID= 0000066282240004 7/23/2004 Xft ►etails Current Ownership Folio No. 66282280006 Map j Property Address 701 BOB WHITE L_N Owner Name CRAWFORD, WILLIAM W =& SHELIA M Addresses] 701 BOB WHITE LN Cityll NAPLES �— State FL Legal I PELICAN BAY UNIT 1 BLK A SITE 51 Sub No. 541300 PELICAN BAY UNIT 1 Use Code 1 SINGLE FAMILY RESIDENTIAL 2004 Preliminary Tax Roll Values Land Value �— $ 566,112.00 ( +) Improved Value $ 316,036.00 (_) Market Value $ 882,148.00 ( -) SOH Exempt Value $ 284,914.00 (_} Assessed Value $597,23 .00 ( -) Homestead and other Exempt Value $ 25,000.00 (_) Taxable Value nu _ $ 572,234.00 - - - - --- - -• • •— --- .... -".1" —juu — w call ull a55essmem creases. Page 1 of 1 34108-3431 J1 79 13.2581 Latest Sales History Date �— Book -Page —� Amount O6 / 2004 3581-2227 �E $ 1,158,000.00 051 1994 i45_.7101_ — $ 650,000.00 The Information is Updated Weekly. tp: / /www. collierappraiser .com /RecordDetail. asp ?FolioID = 0000066282280006 7/23/2004 ►etails Current Ownership arty Addressll 705 BOB WHITE LN Folio No.11 66282360007 lap 11 Prop Owner Name JAMES TR, JOHN E Addresses City KIRSTEN JAMES TR JOHN E JAMES REV TRUST KRISTEN JAMES REV TRUST 705 BOBWHITE LN NAPLES Legal PELICAN BAY UNIT 1 BLK A SITE FL Page 1 of 1 �� B 34108-3431 Sub No. � J[ PELICAN BAY UNIT 1 - -� `'i Millage Area Millaae Use Code 1 SINGLE FAMILY RESIDENTIAL 79 13.2581 2004 Preliminary Tax Roll Values Latest Sales History Land Value — —� ( +) Improved Value $ 597,702.00 L $ 218,671.00 ( =) Market Value $ 816,373.00 -) SOH Exempt Value $ 284,551.00 (_ N Assessed Value $ 531,822.00 -) Homestead and other Exempt Value $25,000.00 (_) Taxable Value $ 506,822.00 -• • ��.. �+......,...co cncuiPt vaiuc uue [u cap on assessment creases. DatLeLj Book - Page Amount 11/2003 3443.12-6Q �— $ 0.00 071 1990 1,542-82 $ 0.00 The Information is Updated Weekly. tp: / /www. collierappraiser .com /RecordDetail.asp ?FolioID= 0000066282360007 7/23/2004 )etails M Current Ownership Folio No. 66282400006 Mall Property Address 707 BOB WHITE LN Owner Namell DARLING III, A COUNCIL =8, JANE Addresses 707 BOBWHITE LN Cityll NAPLES Legal PELICAN BAY UNIT 1 BLK A SITE 54 Sub No. 541300 [ PELICAN BAY UNIT 1 U SINGLE FAMILY RESID 2004 Preliminary Tax Roll Values Land Value - -��— $ 373,334.00 ( +) Improved Value (_ Market Value �— $ 356,953.00 $ 730,287.00 ( -) SOH Exempt Value $ 200,263.00 (_) Assessed Value �— $ 530,024.00 I -) Homestead and other Exempt Value �— $ 25,000.00 (_) Taxable Value $ 505,024.00, �— — -- ua —11vt value uue to cap on assessment creases. FL Page I of 1 17� 34108 -3431 ENTIAL II 79 H 13.2581 Latest Sales History Date Book - Page Amount 08 1 1997 2341 -19 -94 $ 550100070 The Information is Updated Weekly. tp: / /www.collierappraiser. com/RecordDetail. asp ?FolioID = 0000066282400006 7/23/2004 letails Page 1 of 1 Current Ownership Una Folio No. 66432560204 Man 11 Property Address NO SITE ADDRESS Owner Name CLUB AT PELICAN BAY INC, THE Addresses 707 GULF PARK DR- 11 State FL Zip 34108 - 8202 —� Legal PELICAN BAY #4 THAT PORTION OF PARCEL D DESC IN OR 1917 PG 1670 Section Township j Range Acres Map No. Strap No. 04 49 — 25 0.57 542200 D A4 Sub No. 542200 PELICAN BAY UNIT 4 Millage Area Millaoe " Use Code 97 M1421—CLLL AN Land Value $ 228.00 Improved EOUS I 79 13.2581 2004 Preliminary Tax Roll Values Latest Sales History Date Book - Page Amount + ;) p oved Value $ 0.00 (_) Market Value $228.00 -) SOH Exempt Value $ 0.00 (_) Assessed Value �— $ 228.00 -) Homestead and other Exempt Value $ 0.00 N Taxable Value $ 228.00 - -- —1 NL vclua uuC w cap on assessment creases. The Information is Updated Weekly. tP: / /www. collierappraiser .com /RecordDetail. asp ?FolioID = 0000066432560204 7/23/2004 )etails Page 1 of 1 Current Ownership Folio No. 66330080006 Map Property Address 707 GULF PARK DR ■ Owner Name CLUB AT PELICAN BAY INC, THE Addresses 707 GULF PARK DR City NAPLES Legal PELICAN BAY UNIT 2 ALL OF PARCELS "N" AND "M" LESS ALL SOLD OR OTHERWISE ASSESSED AS OF 7/1/94 `For more than four lines of Legal Descrip. Section Township Range FL se call the Pr Acres 09 1 49 25 0 79.33 Sub No. 541600 PELICAN BAY UNIT 2 Use Code 38 IMPROV Office. lap No. 4A09 Zipp 34108 - 8202 1 Strap No. 541600 N 14A09 ED COMMERCIAL l 79 iI 13.2581 2004 Preliminary Tax Roll Values Latest Sales History Value $ 1,964,499.00 Date Book - Page 1 Amount ov -- Land IE ( +) Improved Value (_) Market Value �— $ 4,331,774.0 �— $ 6,296,273.00 ( -) SOH Exempt Value �— $ 0.00 (_) Assessed Value $ 6,296,273.00 (-) Homestead and other Exempt Value $ 0.00 ( =) Taxable Value nu _ ..c...._ .-. $ 6,296,273.00 �„—yL v Iuo uun w cdp on assessment creases. r. The Information is Updated Weekly. tp: / /Www. collierappraiser .com /RecordDetail.asp ?FolioID= 0000066330080006 7/23/2004 )etails Current Ownership Folio No. 66330043001 Property Address NO SITE ADDRESS Owner Name CLUB AT PELICAN BAY INC, THE Addresses 707 GULF PARK DR City NAPLES State FL Legal PELICAN BAY UNIT 2 PT OF TR M NKA GOLF COURSE BUFFER PARCEL 2 DESC IN OR 1605 PG 230 LESS OR 1917 PG 1676 *For more than four lines of Legal Description please call the Property j Section Township e Ran � 49 � g - -�r-- Ac64s 09 25 Sub No. 541600 PELICAN BAY UNIT 2 Use Code 97 MISCELL Page 1 of 1 Zipp 34108 - 8202 1 raiser's Office. Map No. Strap No. 4A09 —� 541600 M 44A09 ANEOUS 11 79 1 13.2581 2004 Preliminary Tax Roll Values Latest Sales History Land Value - -� $2,656.001 +) Improved Value $ 0.00 ( =) Market Value $ 2,656.00 SOH Exempt Value $ 0.00 (_) Assessed Value [ $ 2,656.0 Homestead and other Exempt Value $ 0.00 (_) Taxable Value �— $ 2,656.001 "Nu _ ..c...._ .. - -- —11'N, VO-W UUc w cap on assessment creases. Date Book - Page Amount –64 /1996 2174 - 1412 I $ 9,700.00 The Information is Updated Weekly. 1p: / /www. collierappraiser .com /RecordDetail. asp ?FolioID = 0000066330043001 7/23/2004 17g "aft November 1, 2004 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVPLAT2004- AR5886 (Pelican Bay Unit One Site 52 Block A) Dear Pam: Please advertise the above referenced notice on Sunday, November 14, 2004, and again on Sunday, November 21, 2004, and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P.O. /Account # 912501 NOT 1 7 ICE OF PUBLIC HEARING v Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 30,2004 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AVPLAT2004- AR5886 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 10 foot wide Utility Easement located along the rear of Site 52, block A, according to the plat of "Pelican Bay Unit One" as recorded in Plat Book 12, Pages 47 through 52, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation Utility Easement. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development /Planning Services Section at (239) 659 -5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Linda A. Houtzer, Deputy Clerk (SEAL) County- of-Collier CLERK OF THE CJRCUIT COURTKn" Dwight E. Brock COLLIER COUNTY QOURT4,OUSE N.l Clerk of Courts 3301 .TAMIAMI TAIL EAST Clerk of Courts P.O. BOX 41'044 Accountant NAPLES, FLORIDA"3 1101- 3044 Auditor s'? Custodian of County Funds November 1, 2004 %y Francis T. & Nancy T. Schwerin 703 Bobwhite Lane Naples, FL 34108 Re: Petition AVPLAT2004- AR5886 Pelican Bay Unit One, Site 52, Block A Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collie rclerkCq),clerk.collier.Mus OIT'0� - -of Collier CLERK OF TIFF✓ CIRCUIT COURT Dwi ht COLLIER COUNTY URT 17B Dwight E. Brock � I�ovsE 3301 -.TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts . P.O. BOX 4 P1044 Accountant NAPLES, FLORIDA 3,101 -30}4 Auditor Custodian of County Funds November 1, 2004 Peter J. Iacono, Esq. Bond, Schoeneck and King, P.A. 4001 Tamiami Trail North, Suite 250 Naples, F1 34103 -3555 Re: Petition AVPLAT2004- AR5886 Pelican Bay Unit One, Site 52, Block A Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK i Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerkna clerk.collier.fl.us County -of Collier 176 CERK OF T-Ht C RCUI T COURT Dwight E. Brock COLLIER COUNTY QOURT40USE 3301 TAMIAMI TRAIL EAST Clerk of Courts Clerk of Courts . P.O. BOX 4i�044 Accountant NAPLES, FLORIDA 31101 -3044 Auditor Custodian of County Funds November 1, 2004 Robert M. Feerick TR Robert M. Feerick 2000 Trust UTD 12/15/2000 700 Buttonbush Lane Naples, F1 34108 -3425 Re: Petition AVPLAT2004- AR5886 Pelican Bay Unit One, Site 52, Block A Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk a clerk. collienfl.us minty- of Collier CLERK OF THE CjRCUIT COURT Dwight E. Brock COLLIER COUNTY C0URT40USE Clerk of Courts 3301 '.TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 4i�044 Accountant NAPLES, FLORIDA ,3, 101 -30x 4 Auditor Custodian of County Funds November 1, 2004�� A. Malachi & Barbara W. Mixon 3105 Topping Lane Chagrin Falls, OH 44022 -6649 Re: Petition AVPLAT2004- AR5886 Pelican Bay Unit One, Site 52, Block A Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk(&clerk collier.fl.us CO:un't�- Or oljier CLERK 178 OF T�-i� CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURT40USE 3301 -TAMIAMI TAIL EAST Clerk of Courts Clerk of Courts P.O. BOX 41+044 Accountant NAPLES, FLORIDA`3101 -3044 Auditor `1 Custodian of County Funds November 1, 2004 William W. And Shelia M. Crawford 701 Bob White Lane Naples, FL 34108 -3431 Re: Petition AVPLAT2004- AR5886 Pelican Bay Unit One, Site 52, Block A Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 441� a Wrt� .�-C. Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerkna clerk.collier.fl.us County -of Collier CLERK OF TI "CIRCUIT COURT 178 COLLIER Dwight E. Brock COUNTY C�OURTP�OUSE g 3301 TAMIAMI T ,RAIL EAST Clerk of Courts Clerk of Courts . P.O. BOX 411044 Accountant NAPLES, FLORIDA 31101 -3644 Auditor v Custodian of County Funds November 1, 2004 John E. James REV TR Kirsten James REV TR 705 Bobwhite Lane Naples, FL 34108 -3431 Re: Petition AVPLAT2004- AR5886 Pelican Bay Unit One, Site 52, Block A Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK CZ. , 6 e Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerkna clerk.collier.fl.us CauntY.- f Collier CLERK OF THE CRCUIT COURT 176 Dwight E. COLLIER COUNTY COURT OUSE g Brock � Clerk of Courts 3301 -.TAMIAMI TAIL EAST Clerk of Courts . P.O. BOX 0044 Accountant NAPLES, FLORIDA"3101 -3644 Auditor Custodian of County Funds November 1, 2004 l7 The Club At Pelican Bay Inc. 707 Gulf Park Drive Naples, FL 34108 -8202 Re: Petition AVPLAT2004- AR5886 Pelican Bay Unit One, Site 52, Block A Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 44tot�a) a, gu)� Cv Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkna clerk.collier.fl.us runty of- Collier CLERK OF T'Ht_ CIRCUIT COURT 17e Dwight E. Brock COLLIER COUNTY URT4,OUSE 3301 -.TAMIAMI TAIL EAST Clerk of Courts Clerk of Courts . P.O. BOX 4 N 044 Accountant NAPLES, FLORIDA'3$101 -3644 Auditor Custodian of County Funds November 1, 2004 _y Council & Jane Darling III 707 Bobwhite Lane Naples, FL 34108 -3431 Re: Petition AVPLAT2004- AR5886 Pelican Bay Unit One, Site 52, Block A Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: co11ierc1erk@c1erk.cql1jer.fl.us Linda -4. outzer 17s x4ft .From' Zinda A. .�loutzer Sent. .Monday, - ovemder ol, 2004 2.37 TM T0- L'egais (1=mail) Su6(ea- _4 VP �17--2004 -AR-5886 Good Afternoon, Please advertise the attached notice on Sunday, November 14, 2004 and again on Sunday, November 21, 2004. AV P LAT2004 -A R584V PLAT2004 -AR58 86.doc 86.doc If you have any questions, please call 774 -8411. Thank you, Linda Minutes and Records 1 Zida A - 9Voutzer 7B -From, Sent. mo o.• Su ject.- id ATT261192.txt _postmaster9cl rk. collierflus Monday, -, 7Uovemder ol, 2004 2.3,7 RM Land- .4. 3loutzer Delivery Status notification (Relay) LI WPLAT- 2004 -AR -5 886 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 Linda - 4..�loutzer 17R am% _rrom, System Mdministrator�ostmasterC,2Inq sneers comJ Sent- - WondaJ, .Vovemder 01, 200.4 2 28 PM moo' Linda �. 'Jloutzer Su ject• Delvered._' A 'YTZA_I =2004 AR 5886 LJ WPLAT- 2004 -AR -b 886 «AVPLAT- 2004 -AR- 5886» Your message To: Legals (E -mail) Subject: AVPLAT - 2004 -AR -5886 Sent: Mon, 1 Nov 2004 14:36:55 -0500 was delivered to the following recipient(s): legals on Mon, 1 Nov 2004 14:27:40 -0500 1 AVPLAT- 2004 -AR -5886 Linda A. Houtzer From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, November 01, 2004 5:02 PM To: Linda A. Houtzer Subject: RE: AVPLAT- 2004 -AR -5886 OK - - - -- Original Message---- - From: Linda A. Houtzer [mailto: Linda .Houtzer @clerk. coil ier. fl. us] Sent: Monday, November 01, 2004 2:37 PM To: Legals (E -mail) Subject: AVPLAT - 2004 -AR -5886 Good Afternoon, Page 1 of 1 Please advertise the attached notice on Sunday, November 14, 2004 and again on Sunday, November 21, 2004. <<AVPLAT2004- AR5886.doc>> <<AVPLAT2004- AR5886.doc>> If you have any questions, please call 774 -8411. Thank you, Linda Minutes and Records 11/2/2004 1—. Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News -------------------------------------------------- +--------------- - - - - -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 912501 58939502 AVPLAT- 2004- AR -5886N State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 11/14 11/21 AVPLANT• AAR,0W OF OTI OF pt18LIC ING at�thel ;B� OPCO utility Ea NOTE: A' Inq to ter wkh AD SPACE: 114.000 INCH FILED ON: 11/22/04 ----- ---- ------------- ---- --- Signature of Affiant ,U Sworn to and Subscribed before me this y of Personally known by me!' -h ��•`��,, i•iarra�r;i?,is3�any = M' "4NWSSION r*2346,89 EV.JRE; M/ 24, 2007 PONNDTIQ)ITP.nl�MNIW" Ili, NCE,IN(- to on any lterm Tae saea- tlon of an ITT, to speak or1 beh groupan organisation er f Is encouragad. i racoq- nixed by the Cbpir, a spokesperson or a flay pa °sliottean10 min utes to speak on an Item. . R4136ons wishing to aid 43 re• or to the 1. All �Alle n e- the Board a perma- ®record. re* con: dl• BOARD OF COUNTYI COMM�IQN C COVLA R COUNTY, DONNA FIALA, CHAIR- MAN DWIGHT E. BROCK, CLERK s/Clerkk A Houtzer, Now. 14. 21 No. 8172901 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . ' THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Li Initials Date st in routing order) 1. SANDRA LEA COMMUNITY DEVELOPMENT z % 6 2. XXXXXXX 3. XXXXXXX 4. XXXXXXX 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was Approved by the BCC Type of Document Attached RICK GRIGG NOVEMBER 30, 2004 RESOLUTION AVPLAT2004- AR5886 Phone Number Agenda Item Number Number of Original Documents Attached INCTJ?TTf1'r1n%jc :P_ d-ur, r+v. Yn- 659-5731 1 - eS 36 S (4) RESOLUTION EASEMENT SUBORDINATION FORM DR 219 Retn: 3517876 OR; 3689 PG; 2181 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS Of COLLIER COUNTY, FL RBC FEE 35.50 INTEROFFICE 4TH FLOOR 12/03/2004 at I0:22AM DVIGHT B. BROCK, CLERK COPIES 4.00 EXT 7240 1 17R RESOLUTION NO. 2004— 365 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2004- AR5886 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE REAR OF SITE 52, BLOCK A, ACCORDING TO THE PLAT OF "PELICAN BAY UNIT ONE" AS RECORDED IN PLAT BOOK 12, PAGES 47 THROUGH 52, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 10 FOOT WIDE RELOCATION UTILITY EASEMENT. LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Peter J. Iacono, Esq., from Bond, Schoeneck & King, P.A., as agent for the petitioners, Francis T. Schwerin, M.D. and Nancy T. Schwerin, does hereby request the vacation of a portion of the 10 foot wide Utility Easement located along the rear of Site 52, Block A, according to the plat of "Pelican Bay Unit One" as recorded in Plat Book 12, Pages 47 through 52, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation Utility Easement along the northwesterly property line of the abutting parcel of land also owned by the petitioners which is northwest of said Site 52, Block A; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 10 foot wide Utility Easement located along the rear of Site 52, Block A, according to the plat of "Pelican Bay Unit One," and to accept a 10 foot wide relocation Utility Easement along the northwesterly property line of the abutting parcel of land also owned by the petitioners which is northwest of said Site 52, Block A, as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 10 foot wide Utility Easement located along the rear of Site 52, Block A, according to the plat of "Pelican Bay Unit One," are Page 1 of 2 OR; 3689 PG; 2182 hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exr *,bit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 10 foot wide relocation Utility Easement, more particularly described in Exhibit `B" attached hereto and incorporated herein, is hereby accepted as a relocation Utility Easement for that portion of the 10 foot wide Utility Easement vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this G 4 day of G LC r xv 004, after motion, second and majority vote favoring same. DATED: /A -1- 0 ATTIjTn .,, BOARD OF COUNTY COMMISSIONERS DWJ,gi y CK Clerk COLLIER COUNTY, FLORIDA • ,. <k► BY: D r�-r -mom xy filer Donna Fiala, Chairman A ttas +' �o -Ima' 4i van's sirpature Only. Approved as to form and legal sufficiency: Je fifer A. Be dio Assistant County Attorney Page 2 of 2 .0 // I t� GOLF COURSE �o 1 ' (PARCEL M) / W o' N ,V o W co h / ogE �O JOG 00'� 2 v' O J7. SITE 51 - BLOCK 'A 00. SITE 52 BLOCK "A" YA��ED EAUALENT DF'S RIpTroN A PLATTED UTILITY EASEMENT ACROSS THE NORTHERLY 10 FEET OF SITE 5F BLOCK A, PELICAN BAY UNIT ONE AS RECORDED IN PLAT BOOK 12, PAGES 47-52 p L' THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS THE WESTERLY 26.05 FEET CONTAINING 1456 SQUARE FEET OR 0.033 ACRES MORE OR LESS aw 3. runs Certificate Number 4520 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPEk SKETCH & DESCRIPTION 17 PC P. T. PLS i LEGEND POINT OF CURVATURE POW OF TANGENCY PROFESSIONAL LAND SURVEYOR LICENSED BUSINESS CENTERLINE SITE 53 r, BLOCK "A" w. 00. Al vl CD D,0,56 5g �3� Pc. G8.5 �O aB ti / EXHIBIT "A" iw SHEET I OF I / AVPLAT2004- AR5886 N N g S` FRANCIS T. & NANCY SCHWERIN SKETCH & DESCRIPTION DAB, PA �TUA7Q. & .�.,,�., s.". YuTM .yMq & Yid Plw...t.,g Aan n A—A P852 -E... VGC XyJw 3w.� 1plOt (t19� t6! 7 5965 s Oo 47 N CR ' .0 GOLF COURSE (PARCEL M) EASEMENT DESCRIPTION COMMENCING AT THE POINT OF BEGINNING VHICH IS THE NORTHEAST CORNER AT SITE 52, BLOCK A, PELICAN BAY UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 47 THROUGH 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 26.,o8,00, EAST 11.57 FEET ALONG THE EAST LINE OF SAID SITE 521 THENCE SOUTH 33 2125' VEST 105.93' TO AN EXISTING EASEMENT ON THE NORTHERLY LINE OF SAID SITE 521 THENCE SOUTH 555537' VEST 11.05 FEET ALONG SAID NORTHERLY LINE OF SAID SITE 52) THENCE NORTH 34'04 25' VEST 6,23 FEET, THENCE NORTH 332125' EAST 119-56 FEET TO THE POINT OF BEGINNING, DaV1d B, Bruns PLS Certificate Number 4520 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. SKETCH & DESCRIPTION LEGEND PDINT OF C6RVA7URE PDINT OF TANGENCY PROFESSIDNAL LAND SURVEYOR LICENSED BUSINESS CENTERLINE LINE BEARING DISTANCE L7 S 26'28'00" E 11.57' L2 N 55'55'37" E 11.05' L3 S 34'04'25" E 6.23' I 56 39 A� ,A .560! ` 1.3'A� DC 55.59 a GB v P+ EXHIBIT "B" SHEET 1 OF I AVPLAT2004- AR5886 b w ['ao 'b N 00 �E- 17C RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2004- AR6555 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 18, ACCORDING TO THE PLAT OF "CASTLEWOOD AT IMPERIAL" AS RECORDED IN PLAT BOOK 39, PAGES 81 THROUGH 82, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Greg Schmidt from Coastal Breeze Homes, as agent for the petititioners, Robert and Barbara Pollak, does hereby request the vacation of a portion of the 15 foot wide drainage easement located along the rear of lot 18, according to the plat of "Castlewood at Imperial" as recorded in Plat Book 39, Pages 81 through 82, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 15 foot wide drainage easement located along the rear of lot 18 according to the plat of "Castlewood at Imperial," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 15 foot wide drainage easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of 2 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Jennifer A. Be $N-- Assistant County Attorney day of , 2004, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page 2 of 2 Donna Fiala, Chairman OW W U Cr 0o a co Z O Q V U wo°10 0 W M O V)00 <ou m Ld cr 0 c6 Z ^ J J WF a M - °?a C/L SUPREME COURT dpo 0 FEN - �F xd 25.0' I\ 0 r O IV W ui W Q' Ln N J U I 0 n W J U N Rv s 3 o_. °– (V N o� a � y o Vf a n � � N Uj z a 0 z - -- - - _ co- -- �� wa, U2 . A g ..7 ¢ Q' W Li m � 0 O Q x 2 E' LLJ W W N V2 5m J Fa- I) Q O V 0 n W J U N Rv s r� O, u 0 N 111 of O O Z m O m .11limf -f0 =4 f0o:16:6. PP�IV—p L9TW.:u•Nnw •.�•.�•��^ 3 o_. °– (V N o� r� O, u 0 N 111 of O O Z m O m .11limf -f0 =4 f0o:16:6. PP�IV—p L9TW.:u•Nnw •.�•.�•��^ 17C SW^ November 2, 2004 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVPLAT2004- AR6555 - Castlewood Lot 18 Dear Pam: Please advertise the above referenced notice on Sunday, November 14, 2004, and again on Sunday, November 21, 2004, and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P.O. /Account # 912501 NOTICE OF PUBLIC HEARING 17C Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 30,2004 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AVPLAT2004- AR6555 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 15 foot wide drainage easement located along the rear of lot 18, according to the plat of "Castlewood at Imperial" as recorded in Plat Book 39, Pages 81 through 82, Public Records of Collier County, Florida. Located in Section 14, Township 48 South, Range 25 East. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development /Planning Services Section at (239) 659 -5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Linda A. Houtzer, Deputy Clerk (SEAL) Property Owners Located Within 250' Lot 15 Ronald Anderson 25442 Gala Shields Bonita Springs, FL 34134 Folio No. 25778041402 Lot 16 Fellseed Corporation C/o Aleman, Cordero, Galindo, & Lee TR (BVI) LMT, Genev PI Waterford PO Box 3175 Road Town Tortola, British Virgin Island Folio No. 2577804 1428 Lot 17 Vincent Walls 56 Ridgeview Drive Basking Ridge, NJ 07920 Folio No. 25778041444 Lot 19 Coastal Breeze Homes 9180 Galleria Court Naples, FL 34109 Folio No. 25778041486 Lot 20 Coastal Breeze Homes 9180 Galleria Court Naples, FL 34109 Folio No. 25778041509 Lot 21 Bryce Norelius 4537 Oxford Ave. Edina, MN 55436 Folio No. 25778041525 Lot 22 Coastal Breeze Homes 9180 Galleria Court Naples, FL 34109 Folio No. 25778041541 Lot 23 Warren Owen Custom Homes 4000 Reflection Court Naples, FL 34109 Folio No. 25778041567 Lot 29 Warren Owen Custom Homes 4000 Reflection Court Naples, FL 34109 Folio No. 25778041680 Lot 30 Imperial Castlewood LLC 2663 Airport Road S., Suite D 110 Naples, FL 34112 Folio No. 25778041703 17C Lot 31 Coastal Breeze Homes 9180 Galleria Court Naples, FL 34109 Folio No. 25778041729 Lot 32 Naples Building & Design LLC 4110 Enterprise Ave. Naples, FL 34104 Folio No. 25778041745 Lot 33 Naples Building & Design LLC 4110 Enterprise Ave. Naples, FL 34104 Folio No. 25778041761 Golf Course Imperial Golf Club, Inc. 1808 Imperial Golf Course Blvd. Naples, FL 34110 Folio No. 00151960002 COMMON 1hf&RtAL C/�STLE uJaoD ,L1�C. ARERIA&S'MVE' aco�,3 41,epo&r RoA D Sov�i'H SUITE D -110 NAACS 1 FL PY !!A FOLIO NO : x57710 y l0 8$ 17C SM& County- of Co lier -- CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY C�OURTPOUSE Clerk of Courts g 3301 TAMIAMI TRAIL EAST Clerk of Courts . P.O. BOX 4i< 044 Accountant NAPLES, FLORIDA,34101 -3044 Auditor "1 Custodian of County Funds November 2, 2004 Robert & Barbara Pollak 1789 Supreme Court Naples, FL 34110 Re: Petition AVPLAT2004- AR6555 (Castlewood Lot 18) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerkc aclerk.collier.fl.us - -. County -of Collier CLERK OF TIDE CIRCUIT COURT UTI Dwight E. Brock COLLIER COUNTY MI TRAIL LEAN USE Clerk of Courts Clerk of Courts . P.O. BOX 411044 Accountant NAPLES, FLORIDA 31101 -3044 Auditor y� Custodian of County Funds November 2, 2004 Greg Schmidt Coastal Breeze Homes 9180 Galleria Court Naples, FL 34110 Re: Petition AVPLAT2004- AR6555 (Castlewood Lot 18) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK C4�x-�! (1). "UV, &'' Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: wNv-Nv. clerk. collier.fl.us Email: collierclerk (a)clerk.collier.fl.us Gaunty-of Collier CLERK OF THV CIRCUIT COURT Dwight E. Brock COLLIER COUNTY URT49USE Clerk of Courts I ? 0 g 3301 -TAM T IL EAST Clerk of Courts . P.O. BOX 01 044 Accountant NAPLES, FLORIDA,34101 -3044 Auditor yr Custodian of County Funds November 2, 2004 Ronald Anderson 25442 Gala Shields Bonita Springs, FL 34134 Re: Petition AVPLAT2004- AR6555 (Castlewood Lot 18) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ��) 61C � ��_�UZ"/ k Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierelerk (-clerk.collier.fl.us _. Coon o , Co ier �- CLERK OF TIC CIRCUIT COURT Dwight E. Brock COLLIER COUNT CO LEAN SE Clerk of Courts Clerk of Courts P.O. BOX 41~1044 Accountant NAPLES, FLORIDA"3j101 -3044 Auditor _s� i Custodian of County Funds 1.f November 2, 2004 Fellseed Corporation C/O Aleman, Cordero, Galindo, & Lee TR (BVI) LMT, Genev P1 Waterford PO Box 3175 Road Town Tortola, British Virgin Island Re: Petition AVPLAT2004- AR6555 (Castlewood Lot 18) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 0/1�-i "(' ) �;' P116Z6�"" �" '' Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Websitc: wwNv.clerk.collier.fl.us Email: collierclerk@derk.collier.fl.us Cou _of Collier CLERK OF THE CIRCUIT COURT' Dwight E. Brock COLLIER COUNTY MURT40USE Clerk of Courts g 3301 TAMIAMI TRAIL EAST Clerk of Courts , P.O. BOX 41,044 Accountant NAPLES, FLORIDA,31101 -3044 Auditor Custodian of County Funds November 2, 2004 Vincent Walls 56 Ridgeview Drive Basking Ridge, NJ 07920 Re: Petition AVPLAT2004- AR6555 (Castlewood Lot 18) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 6r) Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collie rclerWk clerk. collier.fl.us Dwight E. Brock Clerk of Courts county--of-Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY CfOURTgOUSE Clerk of Courts 3301 -TAMIAMI TRAIL EA T P.O. BOX 4x044 Accountant NAPLES, FLORIDA,3g101 -30}4 Auditor Custodian of County Funds November 2, 2004 Bryce Norelius 4537 Oxford Avenue Edina, MN 55436 I t 0 Re: Petition AVPLAT2004- AR6555 (Castlewood Lot 18) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: w-*v-sv.clerk.collier.fl.us Email: collierclerk&clerk.collier.fl.us Cuunty--of- Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY C;OURT4PUSE Clerk of Courts g 3301 -.TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 4iJ044 Accountant NAPLES, FLORIDA 3101 -3044 Auditor ;,. Custodian of County Funds _ lr November 2, 2004 Warren Owen Custom Homes 4000 Reflection Court Naples, FL 34109 Re: Petition AVPLAT2004- AR6555 (Castlewood Lot 18) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK d�c ) 6�z 4&� O-Li, -L Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk (a,.clerk.collier.fl.us County -of Collier CLERK OF THE CIRCUIT COURT Dwi ht E. Brock COLLIER COUNTY URTgPUSE Clerk of Courts g 3301 TAM IAMI Jr EAST Clerk of Courts . P.O. BOX 411044 Accountant NAPLES, FLORIDA 3j101 -3644 Auditor `. Custodian of County Funds November 2, 2004 Imperial Castlewood LLC 2663 Airport Road S., Suite D110 Naples, FL 34112 Re: Petition AVPLAT2004- AR6555 (Castlewood Lot 18) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerk a,,clerk.collier.fl.us 'Cannty _ of Collier CLERK OF THt CIRCUIT E. Brock Dwight COLLIER COUNTY URT4PL g 3301 TAMIAMI TRAIL EAST Clerk of Courts . P.O. BOX 4fi1044 NAPLES, FLORIDA"31101 -30 November 2, 2004 Naples Building & Design LLC 4110 Enterprise Ave. Naples, FL 34104 COURT p� SE Clerk of Courts Accountant 1 Auditor Custodian of County Funds Re: Petition AVPLAT2004- AR6555 (Castlewood Lot 18) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkgclerk.collier.fl.us 1 Caunty -of Collier CLERK OF THE CIRCUIT COURT ht E. Broc Dwi k COLLIER COUNTY URT4PUSE g Clerk of Courts 3301 TAMIAMI TRAIL EAST Clerk of Courts . P.O. BOX 4h1044 Accountant NAPLES, FLORIDA•31101 -3044 Auditor "• Custodian of County Funds i _ 1:r November 2, 2004 Imperial Golf Club, Inc. 1808 Imperial Golf Course Blvd. Naples,FL 34110 Re: Petition AVPLAT2004- AR6555 (Castlewood Lot 18) Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.fl.us Email: collierclerk gclerk.collier.fl.us Linda A JVd- utzer _rronr Linda - 4..9v'outzer Sent: '7uesday, .November o2, 2004 4.'0,7 T-W To • Leya/s (E-mail) Subject.• .A%...4PL./4j2' oo4 :486555 HI, Please advertise the attached notice on Sunday, November 14, 2004 and again on Sunday, November 21, 2004. If you have any questions, please call 774 -8411. Thank you, Linda Minutes and Records 1 Tj AVPLAT2004- AR651%V PLAT2004 -AR65 55.doc 55.doc If you have any questions, please call 774 -8411. Thank you, Linda Minutes and Records 1 17C '8� Zincla A. JVo- utzer .From _postmastergcl rk: collerflus Sent.- Yuesday, - movemder 02, 2004 4.•07 TM moo • Linda .A JYoutzer Sudject.• Delivery Status Notification (Relay) FA ATT269356.txt WAPLAT2004 -ARE 555 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com 1 1 inch A JVo_ utter l�C in strator ostmaser�na_rom• System .4dm � �l sne ws comJ sent., -17'uesda�, �ovem6er 02, 2004 4.'00 Pal �o • Linda- - 4..�outzer Sudj AVAPLAT2004- AR6555 Linda A. Houtzer From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Wednesday, November 03, 2004 8:08 AM To: Linda A. Houtzer Subject: RE: AVAPLAT2004- AR6555 N2 - - -- Original Message---- - From: Linda A. Houtzer [mailto: Linda .Houtzer @clerk.collier.fl.us] Sent: Tuesday, November 02, 2004 4:07 PM To: Legals (E -mail) Subject: AVAPLAT2004- AR6555 HI, Page 1 of 1 Please advertise the attached notice on Sunday, November 14, 2004 and again on Sunday, November 21, 2004. <<AVPLAT2004- AR6555.doc>> <<AVPLAT2004- AR6555.doc>> If you have any questions, please call 774 -8411. Thank you, Linda Minutes and Records 11/3/2004 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News -------------------------------------------------- + ---------------- - - - - -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 912501 56941079 AVPLAT2004- AR6555NOT State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 11/14 11/21 The Board AR6555 to disclaim, re- nounce and vacate the i County's and the Pub -i Ilc's Interest In a portion of the 15 foot wide drainage easement lo• loft Is,aaccording�to the II Pof -Castlewood t Inaris]* as recorded an Rnnk 39. Panes 81 tion 34, Townsnip as South, Range 25 East. NOTE: All Persons wish- ing to speak on any agenda Item must reools- ter•with the County Ad- an individual to on behalf of an Won or group Is aged, It recog- )y the Chair, a sper�s�oan for a oedlootFadttlOamin o sneakk on an Persons wishing to AD SPACE: 114.000 INCH 1 e 0 FILED ON: 11/22/04 1 E, -------------------------------------------------- +------------------ - - - - -t Signature of Affiant -- i Sworn to and Subscribed before me this .- day of 20Z`� Personally known by me re. sev. the become a perma- part of the record. idence appeal Any questii terns sho pk;COUNTYI 30 :R ;COUNTY, FIALA, CHAIR - T E. BROCK, .Ihda A. Houtzer, ':- larriett r�ushcn9 FP F' �`• ? n" ! C'MPJ?SSION # ?D234689 E;,PiRE4 lUty 24 , 200 •,�.� 3�NJF.L:iN iio re. sev. the become a perma- part of the record. idence appeal Any questii terns sho pk;COUNTYI 30 :R ;COUNTY, FIALA, CHAIR - T E. BROCK, .Ihda A. Houtzer, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) T.ict in rnntinv order) Office Initials Date 1. SANDRA LEA COMMUNITY DEVELOPMENT (Initial) Applicable) 2. XXXXXXX NOVEMBER 30, 2004 Agenda Item Number 17 _ 1 3. XXXXXXX signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. XXXXXXX RESOLUTION Number of Original 1 (3 PAGES) 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff RICK GRIGG Phone Number 659-5731 Contact appropriate. (Initial) Applicable) Agenda Date Item was NOVEMBER 30, 2004 Agenda Item Number 17 _ 1 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document RESOLUTION Number of Original 1 (3 PAGES) Attached AVPLAT2004 — AR6555 Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from RSG contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the �. document or the final negotiated contract date whichever is applicable. .;) 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. RSG 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain RSG time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 3517677 OR: 3689 PG: 1184 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12103/2004 at 08.31AN DWIGHT E. BROCK, CLERK REC FEE 27.00 CC?IES 3.00 Rein; " q m CLERK TO THE BOARD 7 INTEROFFICE 4TH FLOOR EXT 7240 RESOLUTION NO. 2004— 366 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2004- AR6555 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 18, ACCORDING TO THE PLAT OF "CASTLEWOOD AT IMPERIAL" AS RECORDED IN PLAT BOOK 39, PAGES 81 THROUGH 82, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 14, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Greg Schmidt from Coastal Breeze Homes, as agent for the petititioners, Robert and Barbara Pollak, does hereby request the vacation of a portion of the 15 foot wide drainage easement located along the rear of lot 18, according to the plat of "Castlewood at Imperial" as recorded in Plat Book 39, Pages 81 through 82, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 15 foot wide drainage easement located along the rear of lot 18 according to the plat of "Castlewood at Imperial," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 15 foot wide drainage easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Pagel of 2 OR: 3689 PG: 1185 17C BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. ./� This Resolution is adopted this ,�'� day of /1 " l�G� �P�' , 2004, after motion, second and majority vote favoring same. DATEDJa "A go&'f ATTEST: DWIGHT E. BROCK, Clerk r• Dafuty ktk . Attest 011R # N i rvat'" s signature 01R, : Approved as to form and legal sufficiency: Jennifer A. Be io Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Donr Fia a, Chairman Page 2 of 2 T ^iC r� r---1 Q-� Cal M O �3c Ow �0 d LJ CCC O O wwJ � cr O w ol J Z OaZO NWQV w �g N f- J O`�4U 1 8 wp LL Ld 0 ^V)00 �UmW cr w OQOQ V Z�JJ uj , a- M °?a C/L SUPREME COURT I I h d Q08 H"H I w I� IN Ir O .0 'W Iuj W a N V I 25.0' �p 2 w J Q U N Rv_ x 4 U 0 N Mzt� z W W i COS 0 �+ V 3 o_ O) O m o m o. o� N In O O Z nt -r'sw Rt fotMK,%.6'PW'( -J^P tiG9-tOO.IIOO.U3UGYJ,LgtkW\OA% V17IOy m E E- 00 O� V O OLV > > N N N IL d d � o o N V z m V) 0 2 H F ~ . .�. W o � Dv N N V w V V) U a ac ��g< U Cti ``�O W W C cy C,7 V V q qq C Vi U U x x W. 0 w w rn a an x 3 o_ O) O m o m o. o� N In O O Z nt -r'sw Rt fotMK,%.6'PW'( -J^P tiG9-tOO.IIOO.U3UGYJ,LgtkW\OA% V17IOy COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS `owo� To: Clerk to the Board: Please place the following as a: ✓ ✓ ✓ Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm. Dev.Serv. /Planning *Person: Rick Grigg 2800 North Horseshoe Dr. 1Z i e.IG Naples, Fl. 34104 (239)659-5731 * Put name & phone number in advertisement. Date: November 2, 2004 Petition No. (If none, give brief description): AVPLAT2004- AR6441 (Tuscany Reserve Lot 1 Block D) Petitioner: (Name & Address): WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Fl 34134 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) 1) Pamela A. Eck (Heidt & Associates, Inc.) 3800 Colonial Boulevard, Suite 200 Ft Meyers, Fl 33912 (Agent) Hearing before ✓ ✓ ✓ BCC BZA Other Requested Hearing date: NOVEMBER 30, 2004 Newspaper(s) to be used: (Complete only if important): ✓ ✓ ✓ Naples Daily News Other ✓ ✓ ✓ Legally Required Proposed Text: (Include legal description & common location & Size: Recommendation to approve Petition AVPLAT2004- AR6441 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 15 foot wide Lake Maintenance Easement located on Lot 1, Block D, according to the plat of "Tuscany Reserve" as recorded in Plat Book 39, Pages 88 through 95, Public Records of Collier County, Florida, located in Section 7, Township 48 South, Range 26 East. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ✓ ✓ ✓ Yes ❑ No If Yes, what account should be charged for advertising costs: For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 131- 138327 - 649030 Reviewed by: Department Director Date Approved by: County Administrator Date List Attachments: 1) RESOLUTION WITH EXHIBIT "A" DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ✓ ✓ ✓ County Manager agenda file: ✓ ✓ ✓ Requesting Division ✓ ✓ ✓ Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: /� "S O7 Date of Public hearing: // 30'0 &/ Date Advertised: /I- 0 RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR PETITION AVPLAT2004- AR6441 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE LAKE MAINTENANCE EASEMENT LOCATED ON LOT 1, BLOCK D, ACCORDING TO THE PLAT OF "TUSCANY RESERVE" AS RECORDED IN PLAT BOOK 39, PAGES 88 THROUGH 95, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Pamela A. Eck, from Heidt & Associates, Inc., as agent for the petitioner, WCI Communities, Inc., does hereby request the vacation of a portion of the 15 foot wide Lake Maintenance Easement located on Lot 1, Block D, according to the plat of "Tuscany Reserve" as recorded in Plat Book 39, Pages 88 through 95, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 15 foot wide Lake Maintenance Easement located on Lot 1, Block D, according to the plat of "Tuscany Reserve" as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 15 foot wide Lake Maintenance Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of 2 17D BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Je er A. Belpe , Assistant County Attorney day of , 2004, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA L-6-114 Page 2 of 2 Donna Fiala, Chairman i O 30 so TRACT GC -2 SME- I-- -30• �. (GOLF COURSE, A.E., D.E., M.E.) PLAT BOOK 39, PAGE 88 ExH>Brr 17 ..A« €� SHEET 1 OF 2 / AVPLAT2004- AR6441 LAW � / p• E 'N. 2 N.65046'36 "E. h' O 31..64' N.3T28'22 "E. ` 14.46' +� ` �ryti SHADED AREA TO BE VACATED ` LOT 1 TRACT GC -2 i (GOLF COURSE, A.E., D.E., M.E.) PLAT BOOK 39, PAGE 88 i PA NOT A SURVEY RANDALL L HENDI2A1 PSM 6091 FLORIDA PROFESSIOt3AL SURVEYOR AND MAPPER � CERTWY—ATE OF AUTHORIZAT1ON NO. Le 148 PFMPARo er HEIDT & ASSOCIATES, Incc Tampa a Fort Myers 1 rLANOSCAPEARCHCTECTURE IVIL ENGINEERING Fort Myers Office NING 3800 Colonial Blvd, $L to 200 NG Fort Myers, Florida 33912 NMENTAL PERMITTING Phone., 239-482 -7275 FAX 239 - 482 -2103 LPG . LEGEND DE — DRAINAGE EASEMENT AE — ACCESS EASEMENT LME — LAKE MAINTENANCE EASEMENT ME — MAINTENANCE EASEMENT SKETCH OF DESCIPTION LAKE MAINTENCE EASEMENT VACATION BLOCK D, LOT 1 OF TUSCANY RESERVE Prepared For. WCI COMMUP ums mc. 871110 Date: 5 -5-04 1Order No.: WST TR -049 SECTION 7 TOWNSHIP 48 S RANGE 26 E COWER COUNTY. FLORIDA EX #IBIrA� SH ET O AVPLAT2004- AR6441 LAKE MAINTENCE EASEMENT VACATION A PORTION, ON LOT 1 BLOCK "D' OF TUSCANY RESERVE DESCRIPTION: A parcel of land Iying in Section 7, Township 48 South, Range 26 East, also being a portion of Lot 1 Block "D" of Tuscany Reserve according to the Plat thereof as recorded.in Plat Book 39, at Page 88, of the public records of Collier County, Florida, and being more particularly described as follows: BEGINNING at Northwest comer of said Lot 1 Block "D" of Tuscany Reserve thence along the Northerly boundary of said Lot 1, Block "D ", N.37 °28'22 "E., 14.46 feet; thence N.65 °46'36 "E., 31.64 feet to a point on the Southeasterly boundary of a 15' Lake Maintenance Easement; thence along said Southeasterly boundary S.37028'22 "W., 43.52 feet; thence along the Westerly boundary of said Lot 1, Block "D ", N.47 055'57 "W., 15.05 feet to the POINT OF BEGINNING. Containing 435 Square Feet, more or less. Prepared By: Heidt & Associates inc 3800 Colonial Blvd 1200 Fort Myers, Florida 33 X12 (239)482. 7275 .�- ._.._- Date: wl, .� Randall L. Hendra YSM # 6091 Florida Professional Sun�eyor and Mapper i 1 7 0 "'M' November 8, 2004 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVPLAT2004- AR6441- Tuscany Reserve Lot 1, Block D Dear Pam: Please advertise the above referenced notice on Sunday, November 14, 2004, and again on Sunday, November 21, 2004, and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P.O. /Account # 912501 .� aw NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, November 30,2004 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AVPLAT2004- AR6441 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 15 foot wide Lake Maintenance Easement located on Lot 1, Block D, according to the plat of "Tuscany Reserve" as recorded in Plat Book 39, Pages 88 through 95, Public Records of Collier County, Florida, located in Section 7, Township 48 South, Range 26 East. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development /Planning Services Section at (239) 659 -5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Linda A. Houtzer, Deputy Clerk (SEAL) nt --Of Collier CLERK OF THt CIRCUIT COURT Dwight E Brock COLLIER COUNTY C;OURT4.OUSE g 3301 �TAMIAMI TAIL EAST Clerk of Courts Clerk of Courts . P.O. BOX 4A1044 Accountant NAPLES, FLORIDA`3j 10 1 -3 644 Auditor y% Custodian of County Funds November 8, 2004 Pamela A. Eck Heidt & Associates, Inc. 3800 Colonial Boulevard, Suite 200 Fort Meyers, Florida 33912 Re: Petition AVPLAT2004- AR6441 Tuscany Reserve Lot 1 Block D Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK N 01-V Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collienfl.us Email: collierclerkna ,clerk.collier.fl.us County -of Collier �- CLERK OF TI-�F✓ C RCUIT COURT ( D Dwight E. Brock COLLIER COUNTY CiOURT4PUSE g 3301 TAMIAMI T�pIL EAST Clerk of Courts Clerk of Courts . P.O. BOX 41+044 Accountant NAPLES, FLORIDA 31101 -30}4 Auditor �f Custodian of County Funds November 8, 2004 WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 Re: Petition AVPLAT2004- AR6441 Tuscany Reserve Lot 1 Block D Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 30, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 14, 2004, and again on Sunday, November 21, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK c�� a, " Linda A. Houtzer, Deputy Clerk Enclosure Phone - (239) 732 -2646 Fax - (239) 775 -2755 Website: www.clerk.collier.Mus Email: collierclerk na,clerk.collier.fl.us ,�. Z nda- .4..- loutzer -From Linda -4. - loutzer sent- .3londay, - ovem6er 08, 2004 9.58 A-W 70• Zegals (- =mail% Su6j Linda- - 4..9loutzer -From, _postmasterAcferk. collerflus Sent- - 3fonclay, .T/bvem6er 08, 2004 g.:58 A W 1o.• Linda .q. 3Voutzer Suj ject• Delivery Status .Votfi , cation (-Relay) I u 170 = 7 .�. fl ATT377323.txt AVPLAT2004 -AR64 41 Tuscany Rese... This is an c]olloYa'ted l.)chvery Status _`Ni")Qfication. l /oL�:1 7)2t'SSc ?c�C? E2Ltti F�P.(?t1 �1 {G <'eSSfldtI l "e(tll�e to the 1 )Ifolving �reci tie7lts' but the. YequesteG�do- tiNe1'lj stclttts not i f iccLuons mod clot be peneroIecf by t ie destI not ion. lefi��ls ,� %n�z�?�esl�elvs.co�11 1 170 �. Linda -4. Yfioutzer Vm -Trom* S ystem Adm-inistratorpostmasterCn a p esne7ps comj Sent- Monday, VOVeMger 08, 2004 q.V8 AM lo/71' .. Z,(na(a- -4. Yfioutzer sud- ject• Delivered-A rTZA 72004 -AR6441 Yiiscany Reserve ILI AVPLAT2004-AR64 41 Tuscany Rese... Tb: Logals- (E-in ait) l\'Ose"VO So 11 t: N'1011, 8 _Nov 2004 09:57:41 -()5()() lvlt;u' ('64i'verod-to the f-oibriving 'roOpielli(O: legals oti3vion, 8 AOV2004 09:48:04 -0500 1 AVPLAT2004- AR6441 Tuscany Reserve Linda A. Houtzer From: Perrell, Pamela [paperrell @naplesnews.com] Sent: Monday, November 08, 2004 11:25 AM To: Linda A. Houtzer Subject: RE: AVPLAT2004- AR6441 Tuscany Reserve T - - - -- Original Message---- - From: Linda A. Houtzer [ma i Ito: Linda. Houtzer @clerk.collier.fl.us] Sent: Monday, November 08, 2004 9:58 AM To: Legals (E -mail) Subject: AVPLAT2004- AR6441 Tuscany Reserve Good Morning, Page 1 of 1 Please advertise the attachednotice on Sunday, ,9Vovemder 14, 2004 andagain on Sunday, November .2.1,_2004. <<AVPLAT2004- AR6441.doc>> <<AVPLAT2004- AR6441.doc>> If you have any questions, please caCC774 -8411. Thank you, Linda Ninutes and R.ecards 11/8/2004 _ s Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News -------------------------------------------------- +------------------- - - - - -- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 912501 58944056 AVPLAT2004- AR6441NOT State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier Counter, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 11/14 11/21 AD SPACE: 113.000 INCH FILED ON: 11/22/04 ----------------------------------------{------------------------------------ Signature of Affiant - J Sworn to and Subscribed before me this 7 day of } 20 e) Personally known by me larricat ,,ushjnQ tvt "00NIWISSIOhp OD234689 EMRES 7uh 2 t, 2007 BCINDFD I-HPI TR v FAIN IWI P NCF, IRC a9 wish, an D Is wish m or a daclsion wOl need a Any questio s or con- cerns should be di- related to Rick Grigg, G Ilier 00�COOtr► r nifty dive elltlata• R Ing�Wn* salon AOARO OF COUNTY OLLI COUNTY, RIDA ONNA RALA, CHAIR- IGHT .E. BRO.CK, ERK (g�(g� A. Hontzer, N_ov.14,C211eNc No.825WF ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) 1. SANDRA LEA 2. XXXXXXX 3. XXXXXXX 4. XXXXXXX 5. Sue Filson, Executive Office COMMUNITY DEVELOPMENT Board of County Commissioners Initials I Date PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff RICK GRIGG Phone Number Contact 659-5731 Agenda Date Item was NOVEMBER 30, 2004 Agenda Item Number Approved b the BCC 17 - [� Type of Document RESOLUTION Number of Original 1 (4 PAGES) Attached AVPLAT2004 — AR6441 Documents Attached 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 3517609 OR; 3689 PG; 0877 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/03/2004 at GE,O:AN DWIGHT E: BROCK, CLERK REC FEE 33,30 COPIES 4.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR "'7 � •�140 EKT '240 RESOLUTION NO. 2004— 367 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR PETITION AVPLAT2004- AR6441 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE LAKE MAINTENANCE EASEMENT LOCATED ON LOT 1, BLOCK D, ACCORDING TO THE PLAT OF "TUSCANY RESERVE" AS RECORDED IN PLAT BOOK 39, PAGES 88 THROUGH 95, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Pamela A. Eck, from Heidt & Associates, Inc., as agent for the petitioner, WCI Communities, Inc., does hereby request the vacation of a portion of the 15 foot wide Lake Maintenance Easement located on Lot 1, Block D, according to the plat of "Tuscany Reserve" as recorded in Plat Book 39, Pages 88 through 95, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 15 foot wide Lake Maintenance Easement located on Lot 1, Block D, according to the plat of "Tuscany Reserve" as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 15 foot wide Lake Maintenance Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of 2 OR; 3689 PG; 0878 Uw, BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this s after motion, second and majority vote favoring same. DATED: /o4• A • 0 ATTEST: DWI TT El $ OCK, Clerk 0— uu f-io w0w I ruo I Approved as to form and legal sufficiency: Je er A. Belpe o, Assistant County torney day of A16 2004, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /'_ 4z Donna Fiala, Chairman Page 2 of 2 w rn a O TRACT GC -2 (GOLF COURSE, A.E., D.E., M.E.) PLAT BOOK 39, PAGE 88 M. 31.64' N.37'28'22 "E. 14.46'----, QE a 30 V 60 SCALE EXHIBIT "A" SHEET 1 OF 2 AVPLAT2004- AR6441 � � a• F V SHADED AREA . TO BE VACATED 1 f-%-T- 4 TRACT GC -2 (GOLF COURSE, AE., D.E., M.E.) PLAT BOOK 39, PAGE 88 NOT A SpRy -�L<y RANDALL L HEND44 PSM 6091 - FLORIDA PROFESSIOML SURVEYOR AND MAPPER i CERTIRCATE OF At1THOAMATION NO. LB 148 SAM BY: HEIDT & ASSOCIATES, lnc: Tampa a Fort Myers l CIVIL ENGINEERMG Fort Myen OtTfce PLANNING 3800 Colonial 8Nd• SuRe 200 SURVEYING - Fort Myers, FlOdda 33912 ENVIRONMENTAL PERMITTING Phone: 239 -482 -7275 FAX 239- 482 -2103 LANDSCAPE ARCHITECTURE LEGEND DE - DRAINAGE EASEMENT AE - ACCESS EASEMENT LM£ - LAKE MAINTENANCE EASEMENT ME - MAINTENANCE EASEMENT SKETCH OF DESCIPTION LAKE MAINTENCE EASEMENT VACATION BLOCK D, LOT 1 OF TUSCANY RESERVE ror. WCI COMMUMTIES INC. DwnRH I M — Date: 5 -5-04 Order No.: WST— TR-049 SECTION 7 TOWNSHIP 48 S RANGE 26 E COWER COUNTY, FLORIDA E ��BBIT��A" SHL�q a OF AVPLAT2004- AR6441 LAKEMAINTENCE EASEMENT VACATION A PORTION. ON LOT 1 BLOCK "D' OF TUSCANY RESERVE DESCRIPTION: A parcel of land lying in Section 7, Township 48 South, Range 26 East, also being a portion of Lot 1 Block "D" of Tuscany Reserve according to the Plat thereof as recorded-in Plat Book 39, at Page 88, of the public records of Collier County, Florida, and being more particularly described as follows: BEGINNING at Northwest corner of said Lot 1 Block "D" of Tuscany Reserve thence along the 4< aK Northerly boundary of said Lot 1, Block "D ", N.37 °28'22 "E., 14.46 feet; thence N.65 °4636 "E., 31.64 feet to a point on the Southeasterly boundary of a 15' Lake Maintenance Easement; thence along said © Southeasterly boundary 5.37'28`22 "W., 43.52 feet; thence along the Westerly boundary of said Lot 1, o Block "D ", N.47 °55'57 "W., 15.05 feet to the POINT OF BEGINNING. 0 6 Containing 435 Square Feet, more or less. w rn . Prepared By: Heidt & Associates Inc CD CD 3800'Colonial Blvd ,# 200 Fort Myers, Floridz 33 12 (239) 4824275 Date: . Randall L. Hendra PSM # 6091 Florida Professional Surveyor and Mapper f