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Backup Documents 12/11-12/2012 Item #10 W ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI 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 Ian Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Colleen M. Greene, ACA County Attorney's Office 12/12/12 5. BCC Office Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Colleen M. Greene, ACA Phone Number 239-252-8400 Contact Agenda Date Item was 12/12/12 (12/11/12 BCC) j/ Agenda Item Number 10W Approved by the BCC Type of Document Settlement Agreement Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG 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 CMG 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 CMG 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 Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on 12/12/12(enter date)and all changes CMG made during the meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,if applicable. 7. _ Please return the original documents to Colleen M.Greene,ACA C CMG 10 1 MEMORANDUM Date: December 12, 2012 To: Colleen Greene, ACA County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Settlement Agreement re: DOAH Case No. 12-0495 between Named Petitioners, Department of Environmental Protection (DEP) and the Collier County Board of County Commissioners Attached for further processing is a (scanned) copy of the original agreement referenced above (Item #10W) approved by the Board of County Commissioners on Wednesday, December 12, 2012. After forwarding for necessary signature(s), please return any signed and/or supplemental documents to the Minutes & Records Department, so there will be a complete record for the Board. If you have any questions, please call me at 252-8406. Thank you. low HerreraSandra From: HerreraSandra Sent: Tuesday, December 18, 2012 12:13 PM To: Ann P. Jennejohn Subject: RE: BCC 12/12/12 (12/11/12)Agenda Item 10W Settlement Agreement-Vanderbilt Rhea.pdf From: HerreraSandra Sent: Tuesday, December 18, 2012 12:12 PM To: Ann P. Jennejohn Subject: BCC 12/12/12 (12/11/12) Agenda Item l0w Settlement Agreement-Vanderbilt Good Afternoon, I will be hand delivering the attached original signature pages for the above agenda item. The remainder of the signatures will be delivered by Kathleen Robbins, of Vanderbilt Beach Residents Associations. Ms. Robbins is requesting to have the fully executed settlement agreement recorded at their expense. If you have any questions, call me or Nancy Bradley. Thank you! Sandra Herrera, Certified Paralegal to: Colleen M. Greene,Assistant County Attorney Kevin L. Noell,Assistant County Attorney Office of the County Attorney W. Harmon Turner Building F 3299 East Tamiami Trail,Suite 800 Naples, Florida 34112-4902 Phone: (239) 252-8400 Facsimile: (239)252-6300 Sandraherreraca colliergov.net 1 Covfy,offc llier 10 W CLERK OF THE OiRC IT COURT Dwight E. Brock COLLIER COUNTY OUR OUSE Clerk of Courts Clerk of Courts 3301 TAM1AMI BOX [L E ST Accountant P.O. BOX 4 3044 NAPLES, FLORIDA` 4101-3044 Auditor Custodian of County Funds "ICJ December 28, 2012 Kathleen Rohan Robbins 10525 Gulf Shore Drive, #231 Naples, FL 34108 Re: DOAH Case No. 12-495 Settlement Agreement Dear Kathleen, Attached, per our conversation, are two (2) certified copies of the agreement referenced above, approved by Collier County's Board of County Commissioners on Wednesday, December 12, 2012. Please feel free to contact me if you need anything further from our office regarding the agreement. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Attachment Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com lOWE STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ROLLIN O. RHEA, ROBERT O. NAEGELE, JR., VANDERBILT BEACH RESIDENTS ASSOCIATION, INC., BEACHWALK RESIDENTS ASSOCIATION, INC., THE BEACHMOOR CONDOMINIUM OWNERS ASSOCIATION, INC., AND THE MANGROVE ACTION GROUP, INC. Petitioners, v. DOAH CASE NO.: 12-0495 OGC No.: 11-0927 Re: DEP File#: CO-922 V COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AND FLORIDA DEPARTMENT OF ENVIRONMENTAL INSTR 4776117 OR 4866 PG 1203 PROTECTION, RECORDED 12/18/2012 1.41 F PAGES 11 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$95.00 INDX$5.00 Respondents. SETTLEMENT AGREEMENT This Settlement Agreement is reached by and between Rollin O. Rhea, Robert O. Naegele, Jr.,Vanderbilt Beach Residents Association, Inc., Beachwalk Residents Association, Inc., The Beachmoor Condominium Owners Association, Inc., and The Mangrove Action Group, Inc. ("Petitioner"), Department of Environmental Protection ("DEP") and the Collier County Board of County Commissioners ("County") (collectively "The Parties") and is effective upon approval by the County. Recitals Whereas, on June 24, 2011, pursuant to Florida Statute Section 120.542, the County filed with the DEP Petitions for Variance from requirements that major structures be located a sufficient distance landward of the beach and frontal dune, as found in Florida Administrative Code (F.A.C.) Rule 62B-33.005(8). The County sought to construct new beach structures, including an elevated viewing deck, concession and restroom facility at Vanderbilt Beach Road Park, westward of the Coastal Construction Control Line ("CCCL"). See DEP File Numbers CO-922 V and CO-922. toy Whereas, on October 31, 2011, the DEP issued a Final Order Granting the County's Petition for Variance from Rule 62B-33.005(8), F.A.C. ("Final Order"). Whereas, on January 20, 2012, Petitioners filed a Petition for Formal Administrative Hearing challenging the Final Order and seeking a reversal of the same for reasons set forth in such Petition. Whereas, the Parties have resolved their differences and agree that the terms contained in the Settlement Agreement constitute a fair and appropriate resolution of their dispute. Now therefore, it is agreed: 1. The Parties stipulate that the County will, in writing, formally withdraw (by submitting a Notice of Withdrawal in this case) the Petition for Variance, in the form attached hereto as Exhibit 1, within 7 days of the execution of this Agreement. The parties agree to the issuance of an order closing the file to be issued by the Administrative Law Judge in this proceeding and to the issuance of an order by DEP closing the file in this matter. 2. The County will not now or in the future (a) proceed with the current design, or a substantially similar design, proposed in DEP File Number CO-922 and 922V, (b) pursue permits for, nor (c) construct any elevated or elevated pile supported structure within or adjacent to the Vanderbilt Beach properties which the County owns, including the Beach Park, Parking Garage, and Vanderbilt Beach Road right of way. 3. The County will amend its current permit application, CO-922, before DEP, to incorporate the terms of this Settlement Agreement and eliminate any proposed improvements which are inconsistent with the Settlement Agreement. 4. Petitioners will support any other application by the County to the DEP or other authorities to allow construction of an additional restroom facility at the Collier County Vanderbilt Beach Park as long as such application complies with the following: (a) The restroom facility shall be situated in the FEMA AE construction zone, located close to the existing restroom, but not in the Vanderbilt Beach right of way, constructed at-grade without elevation, and shall not exceed 1,000 square feet in area and 20 feet in height. The restroom facility shall be designed and constructed to be architecturally compatible with the structures in the surrounding Vanderbilt Beach area. (b) There shall be minimal alteration of the natural vegetation on the construction site and any alteration will include landscaping to enhance the natural appearance of existing site vegetation. (c) The existing restroom facility may remain with such upgrades as are allowed by local flood regulations. low (d) There shall be retention and/or relocation of existing picnic facilities as necessary to accommodate the improvements referred to above. (e) The County will seek site plan and architectural input from the Petitioners before proceeding with design work and will make its architects/engineers available to consult with Petitioners and/or Petitioners' architect. The Petitioners shall have the right of approval of the site plan and architectural design, which approval shall not be unreasonably withheld, with respect to the proposed bathrooms. 5. The County will undertake the beach dune restoration and vegetation activities proposed in the existing permit application DEP File # CO-922 as soon as practicable, not to exceed 180 days. 6. The new restroom facility construction will be completed within one year of the permitting. A six month extension may be granted by Petitioners. 7. A temporary bathroom may be placed on site during construction only from October through April until construction is completed. 8. This Settlement Agreement shall be enforceable by action in circuit court, venue in Collier County. In the event of disagreement as to the application of the terms of this Agreement, Collier County shall immediately cease the permitting application process, which shall be stayed while the Parties seek a determination by the circuit court. If the County does not stay its application process, the circuit court is authorized to issue a temporary injunction, without the requirement of a bond. 9. The term of this agreement shall be 15 years from the date of approval by the Board of County Commissioners. 10. The Parties agree that each Party shall bear its own attorneys fees and costs. 11. Time is of the essence. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK SIGNATURE PAGE(S) TO FOLLOW 10 So agreed this I 2-/IL-day of tCernber 2019, This document is signed in counterparts. ATTE$,Tc` ,' BOARD 0" 'CO TY CO MISSIONERS DWIGHT E.:BROC , CLERK OF COL E'� C 1 , T LORIDA `: , B ► Ll A• c;t ;,40;lia _ I. RI( GE OW A A. HILLER, CHAIRWOMAN App ova i`s:l and AgittVdLTY:... Jeffre l• 1..w, Esq. Cornell el ty Attorney's Office 3299 :''=st 1:miami Trail, Suite 800 Naples, F t 4112 (Attorney County) Thomas G. Tomasello, Esq. West Gregory, Esq. THOMAS G. TOMASELLO, P.A. Assistant General County 1107 Terrace Street Office of the General Counsel Tallahassee, FL 32303 Department of Environmental Protection 3900 Commonwealth Boulevard, MS #35 Scott Shirley, Esq Tallahassee, FL 32399-3000 ARD, SHIRLEY& RUDOLPH, P.A. (Attorney for DEP) Post Office Box 1874 Tallahassee, FL 32302-1874 (Attorneys for Petitioners) Robert O.Naegele, Jr. Rollin O. Rhea Petitioner Petitioner Theodore Raia, President Doty V. William, President Mangrove Action Group, Inc., Petitioner The Beachmoore Condominium Owners Association, Inc., Petitioner i r item It LOV\I Derek Allen, President Kathleen Robbins Agenda 11,I Beachwalk Residents Association, Inc. Vanderbilt Beach Residents Associatiot Date i ° (y 6 ' Petitioner Date Recd512'2{�IZ VAA ‘ 1:,,,) Deputy C-rk 7 I 10W i ' So agreed this I2 `day of pp,Cembfr 2011, This document is signed in counterparts. ATTEST: BOARD ., 0 Y C I MISSIONERS DWIGHT E.BROCK,CLERK OF COL E', C► LORIDA By: 1 1../ ,DEPUTY CLERK GE'" A A.HILLER,CHAIRWOMAN App iv: Ion . and - i ciency: Ail' I7 ift_ Jeffre • ; w,Esq. Collie el ty Attorney's Office 3299 : : miami Trail,Suite 800 Naples,F i 4112 (Attorney , County) r� Thomas G.Tomasello,Esq. West Gregory,Esq. THOMAS G.TOMASELLO,P.A. Assistant General County 1107 Terrace Street Office of the General Counsel Tallahassee,FL 32303 Department of Environmental Protection 3900 Commonwealth Boulevard,MS#35 Scott Shirley,Esq Tallahassee,FL 32399-3000 ' ARD,SHIRLEY&RUDOLPH,P.A. (Attorney for DEP) Post Office Box 1874 Tallahassee,FL 32302-1874 (Attorneys for Petitioners) Robert 0.Naegele,Jr. Rollin 0.Rhea Petitioner Petitioner Theodore Raia,President Doty V.William,President Mangrove Action Group,Inc.,Petitioner The Beachmoore Condominium Owners Association,Inc.,Petitioner _ati 01 Derek Allen,President Kathleen Robbins Beachwalk Residents Association,Inc. Vanderbilt Beach Residents Association,Inc. Petitioner 0 So agreed this 12-' day of December 201 2,, This document is signed in counterparts. ATTEST: BOARD • 0 Y C• MISSIONERS DWIGHT E.BROCK,CLERK OF COL E', C I LORIDA By: lLa ,DEPUTY CLERK G 1 • A.HILLER,CHAIRWOMAN App iv: ,,oi . and ; • 'ciency: .111107 C'' ("1"----. c-"--q,e....c...--Z- Jeffre RI -,7•w,Esq. ��C/►e L�� e�.rC; Coll ie ti ty Attorney's Office 3299 : : : iami Trail,Suite 800 A c l i' �%'Cc,u On.e c- Naples,F■� 4112 pep(^ -;�-�. �- c f- E,,,,. Aen�,, / ft z.,Tr.CHc-- (Attorney County) J `7 00 co - --,o•, �cz.. /PI, 31 Vol, -5 3 O, -1 -7;, lic- ► ,,ssc� F.1 323 `19 -300 te -- r, 'l ,y- - , ,/ _ Thomas G.Tomasello,Esq. West Gregory,Esc THOMAS G.TOMASELLO,P.A. Assistant General County 1107 Terrace Street Office of the General Counsel Tallahassee,FL 32303 Department of Environmental Protection 3900 Commonwealth Boulevard,MS#35 Scott Shirley,Esq Tallahassee,FL 32399-3000 ' ARD,SHIRLEY&RUDOLPH,P.A. (Attorney for DEP) Post Office Box 1874 Tallahassee,FL 32302-1874 (Attorneys for Petitioners) Robert 0.Naegele,Jr. Rollin 0.Rhea Petitioner Petitioner Theodore Raia, President Doty V. William,President Mangrove Action Group,Inc.,Petitioner The Beachmoore Condominium Owners Association,Inc.,Petitioner —i62SJULA_Ettl&&&le___ Derek Allen,President Kathleen Robbins Beachwalk Residents Association,Inc. Vanderbilt Beach Residents Association,Inc. Petitioner low So agreed this I2- day of December 20 ,, This document is signed in counterparts. ATTEST: BOARD •F-\CO TY CO. ISSIONERS DWIGHT E. BROCK, CLERK OF COL E' C I , LORIDA By: ` LA ,DEPUTY CLERK GE*,I A A. HILLER, CHAIRWOMAN App ova :o:-! , Li and $. ciency: AN ;� �- Jeffre ' . 1 1.-'e w,Esq. Collie s ty Attorney's Office 3299 st; :miami Trail, Suite 800 Naples, F► '4112 (Attorney County) Thomas G.Tomasello,Esq. West Gregory,Esq. THOMAS G. TOMASELLO,P.A. Assistant General County 1107 Terrace Street Office of the General Counsel Tallahassee,FL 32303 Department of Environmental Protection 3900 Commonwealth Boulevard,MS#35 Scott Shirley,Esq Tallahassee,FL 32399-3000 ARD, SHIRLEY&RUDOLPH,P.A. (Attorney for DEP) Post Office Box 1874 Tallahassee, FL 32302-1874 (A - eysfor ''titlon'rs) /I/1 / ! _ Robert O. aegele,Jr. Rollin O.Rhea Petitioner Petitioner Theodore Raia, President Doty V. William,President Mangrove Action Group, Inc., Petitioner The Beachmoore Condominium Owners Association, Inc., Petitioner Derek Allen,President Kathleen Robbins Beachwalk Residents Association, Inc. Vanderbilt Beach Residents Association, Inc. Petitioner 10W So agreed this 12- day of jiVcer►nber 201a, This document is signed in counterparts. ATTEST: BOARD • 'CO TY CO MISSIONERS DWIGHT E. BROCK, CLERK OF COL E'' C I LORIDA By: ► u , DEPUTY CLERK GE•VA A. HILLER, CHAIRWOMAN App .va :o, :' and ,• ' ciency: .4117 1 Jeffre : 1...'.•w,Esq. Collie •t ty Attorney's Office 3299 st :miami Trail, Suite 800 Naples, F t 4112 (Attorney County) Thomas G. Tomasello, Esq. West Gregory,Esq. THOMAS G. TOMASELLO, P.A. Assistant General County 1107 Terrace Street Office of the General Counsel Tallahassee,FL 32303 Department of Environmental Protection 3900 Commonwealth Boulevard,MS #35 Scott Shirley,Esq Tallahassee, FL 32399-3000 ARD, SHIRLEY& RUDOLPH, P.A. (Attorney for DEP) Post Office Box 1874 Tallahassee, FL 32302-1874 (Attorneys for Petitioners) , 2c32..-1-4. (9 e%e(e_e__--- Robert 0.Naegele,Jr. Rollin 0. Rhea Petitioner Petitioner Theodore Raia, President Doty V. William, President Mangrove Action Group, Inc., Petitioner The Beachmoore Condominium Owners Association, Inc., Petitioner Derek Allen, President Kathleen Robbins Beachwalk Residents Association, Inc. Vanderbilt Beach Residents Association, Inc. Petitioner 1oyv So agreed this I 2- day of December 20/c1; This document is signed in counterparts. ATTEST: BOARD O F'CO TY CO MISSIONERS DWIGHT E. BROCK, CLERK OF COL E'' C I ' T LORIDA By: I Ltt , DEPUTY CLERK GE TA A. HILLER, CHAIRWOMAN App •va 'o:4 Li and 1- • it ciency: .41/1111 /,' Jeffre. l.'•w, Esq. Collie • '` ty Attorney's Office 3299 :st; :miami Trail, Suite 800 Naples, F t '4112 (Attorney County) Thomas G. Tomasello, Esq. West Gregory, Esq. THOMAS G. TOMASELLO, P.A. Assistant General County 1107 Terrace Street Office of the General Counsel Tallahassee, FL 32303 Department of Environmental Protection 3900 Commonwealth Boulevard, MS #35 Scott Shirley, Esq Tallahassee, FL 32399-3000 ARD, SHIRLEY& RUDOLPI I, P.A. (Attorney for DEP) Post Office Box 1874 Tallahassee, FL 32302-1874 (Attorneys for Petitioners) Robert O. Naegele,Jr. Rollin O. Rhea Petitioner Petitioner ilk_.� Theo•ore Raia, President Doty V. William, President Mangrove Action Group, Inc., Petitioner The Beachmoore Condominium Owners Association, Inc., Petitioner . IL 1 • ' .. Iil.A�a. . Derek Allen, President Kathleen Robbins Beachwalk Residents Association, Inc. Vanderbilt Beach Residents Association, Inc. Petitioner 10W So agreed this 12 day of DecembPr 201 a, This document is signed in counterparts. ATTEST: BOARD 0'"CO TY CO MISSIONERS DWIGHT E. BROCK, CLERK OF COL E', CI P T LORIDA By: la , DEPUTY CLERK GE•71A A. HILLER, CHAIRWOMAN App eva lo and f;- • 4 ; /i'lciency: .. fitt ICI Jeffre I• . ' 1.—.w, Esq. Collie I •'t ty Attorney's Office 3299 :'',st 1:miami Trail, Suite 800 Naples,F l., 4112 (Attorney County) Thomas G. Tomasello, Esq. West Gregory, Esq. THOMAS G. TOMASELLO, P.A. Assistant General County 1107 Terrace Street Office of the General Counsel Tallahassee, FL 32303 Department of Environmental Protection 3900 Commonwealth Boulevard, MS #35 Scott Shirley, Esq Tallahassee, FL 32399-3000 ARD, SHIRLEY& RUDOLPH, P.A. (Attorney for DEP) Post Office Box 1874 Tallahassee, FL 32302-1874 (Attorneys for Petitioners) Robert O.Naegele,Jr. Rollin O. Rhea Petitioner Petitioner '. , /✓''t/mss /f� 4T—i-'..-.W.�-. Theodore Raia, President Doty V. William, President Mangrove Action Group, Inc., Petitioner The Beachmoore Condominium Owners Association, Inc., Petitioner Derek Allen, President Kathleen Robbins Beachwalk Residents Association, Inc. Vanderbilt Beach Residents Association, Inc. Petitioner 10W So agreed this I/ day of t cer tber 20 ,, This document is signed in counterparts. ATTEST: BOARD O//h^CO NTY CO MISSIONERS DWIGHT E. BROCK, CLERK OF COLUIE'■ C I U T LORIDA By: >I il , DEPUTY CLERK GECTA A. HILLER, CHAIRWOMAN f. App .va +o..1,; and Y-.' Iciency: Aidaiii :i , I Jeffre 1. . 1.'z ow, Esq. Collie . ty Attorney's Office 3299 :';st :miami Trail,Suite 800 Naples, Ft- 4112 (Attorney County) Thomas G.Tomasello, Esq. West Gregory, Esq. THOMAS G. TOMASELLO, P.A. Assistant General County 1107 Terrace Street Office of the General Counsel Tallahassee, FL 32303 Department of Environmental Protection 3900 Commonwealth Boulevard,MS#35 Scott Shirley, Esq Tallahassee, FL 32399-3000 ARD. SHIRLEY& RUDOLPH, P.A. (Attorney for DEP) Post Office Box 1874 Tallahassee, FL 32302-1874 (Attorneys,for Petitioners) Robert O.Naegele,Jr. Rollin O. Rhea Petitioner Petitioner Theodore Raia, President Doty V. William, President Mangrove Action Group, Inc., Petitioner The Beachmoore Condominium Owners Association, Inc., Petitioner erek Allen,President Kathleen Robbins Beachwalk Residents Association, Inc. Vanderbilt Beach Residents Association, Inc. Petitioner / low AGENDA ITEM TITLE: „/ ITEM NO THIS COMPLETED FORM IS TO BE PLACED IN THE"SPEAKER FORM BOX"IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD. j� beet�^ /( ���,y PLEASE PRINT CLEARLY NAME: kO bee �2 Iki4l�C�✓(�i ADDRESS: •1Qq 3 v i 2. REPRESENTING: PETITIONER OTHER: COLLIER COUNTY ORDINANCE NO.99-22 R IRES 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. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. (PLEASE PRINT CLEARLY) Agenda Item # o.c,J MEETING DATE // (Circle Meeting Type) Regular Special Workshop Budget AGENDA ITEM TITLE e L: ,Litt --PA 13(' �,�o A)L• ��o,n AL�l7 L NAME ��J .�`� f b Y'!QVc &i CAufr oc ADDRESS #07—C— .Vcd.‘-._ ' /JW ' M Representing/petitioner: Other: COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYISTS SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE(3)MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD AGENDA ITEM TITLE: / v \/\./ 3 e t f I e 1■e I\ D /Q ,,w/ a ��e� ITEM NO: THIS COMPLETED FORM IS TO BE PLACED IN THE"SPEAKER FORM BOX"IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD. \\A PLEASE PRINT CLEARLY NAME: ac� h�i P 1L\d2S 1 ADDRESS: 2� P a c. N w ‘\ ' REPRESENTING: PETITIONER �' ( OTHER: COLLIER COUNTY ORDINANCE NO.99-22 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. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. low AGENDA ITEM TITLE: �Y�i�jG{. '7').`"''''11"'e.-7.. c a r ITEM NO: / ' THIS COMPLETED FORM IS TO BE PLACED IN THE"SPEAKER FORM BOX"IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD. — PLEASE PRINT CLEARLY NAME: C. ,'yGG,77 47/ r 4' " I / ADDRESS: �:J� ✓ .O.Y .. kt tYw jrv.e.- fit .{.,?..• REPRESENTING: PETITIONER OTHER: "1 COLLIER COUNTY ORDINANCE NO.99-22 REQUIRES THAT ALL LOBBYISTS SHALL,BEFORE ENGAGI 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. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. (PLEASE PRINT CLEARLY) Agenda Item # "'6 MEETING DATE /1/////°- Circle Meeting Type)) R ular S e e9 Special Workshop Budget AGENDA ITEM TITLE cf ,,o'Old NAME / / /1 � "/6 DDRESS D' / Representing/Petitioner: . 0 4A J/y�c�`�y °4/7,jy1 'yk4 � COLLIER COUNTY ORDINANCE NO.2003-53;AS AMENDED'BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYISTS SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, YOU ARE LIMITED TO THREE(3)MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD (PLEASE PRINT ` CLEARLY) Agenda Item # /0 ' MEETING DATE /:,1 ////A0/a- (Circle Meeting Type 4:r Special Workshop Budget TT AGENDA ITEM TITLE J O 4 P CA5E I -4"t.S S /1-0MM i NAME Kathleen Robbins ADDRESS 10525 Gulf Shore Dr #231, Naples, 34108 Representing/Petitioner: O}heri/anderbilt Bch Residents Assn. COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYISTS SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE(3)MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD 10 W ‘lk STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ROLLIN O. RHEA, ROBERT O. NAEGELE, JR., VANDERBILT BEACH RESIDENTS ASSOCIATION, INC., BEACHWALK RESIDENTS ASSOCIATION, INC., THE BEACHMOOR CONDOMINIUM OWNERS ASSOCIATION, INC., AND THE MANGROVE ACTION GROUP, INC. Petitioners, v. DOAH CASE NO.: 12-0495 OGC No.: 11-0927 Re: DEP File #: CO-922 V COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Respondents. SETTLEMENT AGREEMENT This Settlement Agreement is reached by and between Rollin O. Rhea, Robert O. Naegele, Jr.,Vanderbilt Beach Residents Association, Inc., Beachwalk Residents Association, Inc., The Beachmoor Condominium Owners Association, Inc., and The Mangrove Action Group, Inc. ("Petitioner"), Department of Environmental Protection ("DEP") and the Collier County Board of County Commissioners ("County") (collectively "The Parties") and is effective upon approval by the County. Recitals Whereas, on June 24, 2011, pursuant to Florida Statute Section 120.542, the County filed with the DEP Petitions for Variance from requirements that major structures be located a sufficient distance landward of the beach and frontal dune, as found in Florida Administrative Code (F.A.C.) Rule 62B-33.005(8). The County sought to construct new beach structures, including an elevated viewing deck, concession and restroom facility at Vanderbilt Beach Road Park, westward of the Coastal Construction Control Line ("CCCL"). See DEP File Numbers CO-922 V and CO-922. 10 -'$lII Whereas, on October 31, 2011, the DEP issued a Final Order Granting the County's Petition for Variance from Rule 62B-33.005(8), F.A.C. ("Final Order"). Whereas, on January 20, 2012, Petitioners filed a Petition for Formal Administrative Hearing challenging the Final Order and seeking a reversal of the same for reasons set forth in such Petition. Whereas, the Parties have resolved their differences and agree that the terms contained in the Settlement Agreement constitute a fair and appropriate resolution of their dispute. Now therefore, it is agreed: 1. The Parties stipulate that the County will, in writing, formally withdraw (by submitting a Notice of Withdrawal in this case) the Petition for Variance, in the form attached hereto as Exhibit 1, within 7 days of the execution of this Agreement. The parties agree to the issuance of an order closing the file to be issued by the Administrative Law Judge in this proceeding and to the issuance of an order by DEP closing the file in this matter. 2. The County will not now or in the future (a) proceed with the current design, or a substantially similar design, proposed in DEP File Number CO-922 and 922V, (b) pursue permits for, nor (c) construct any elevated or elevated pile supported structure within or adjacent to the Vanderbilt Beach properties which the County owns, including the Beach Park, Parking Garage, and Vanderbilt Beach Road right of way. 3. The County will amend its current permit application, CO-922, before DEP, to incorporate the terms of this Settlement Agreement and eliminate any proposed improvements which are inconsistent with the Settlement Agreement. 4. Petitioners will support any other application by the County to the DEP or other authorities to allow construction of an additional restroom facility at the Collier County Vanderbilt Beach Park as long as such application complies with the following: (a) The restroom facility shall be situated in the FEMA AE construction zone, located close to the existing restroom, but not in the Vanderbilt Beach right of way, constructed at-grade without elevation, and shall not exceed 1,000 square feet in area and 20 feet in height. The restroom facility shall be designed and constructed to be architecturally compatible with the structures in the surrounding Vanderbilt Beach area. (b) There shall be minimal alteration of the natural vegetation on the construction site and any alteration will include landscaping to enhance the natural appearance of existing site vegetation. (c) The existing restroom facility may remain with such upgrades as are allowed by local flood regulations. 0 wesoma (d) There shall be retention and/or relocation of existing picnic facilities as necessary to accommodate the improvements referred to above. (e) The County will seek site plan and architectural input from the Petitioners before proceeding with design work and will make its architects/engineers available to consult with Petitioners and/or Petitioners' architect. The Petitioners shall have the right of approval of the site plan and architectural design, which approval shall not be unreasonably withheld, with respect to the proposed bathrooms. 5. The County will undertake the beach dune restoration and vegetation activities proposed in the existing permit application DEP File # CO-922 as soon as practicable, not to exceed 180 days. 6. The new restroom facility construction will be completed within one year of the permitting. A six month extension may be granted by Petitioners. 7. A temporary bathroom may be placed on site during construction only from October through April until construction is completed. 8. This Settlement Agreement shall be enforceable by action in circuit court, venue in Collier County. In the event of disagreement as to the application of the terms of this Agreement, Collier County shall immediately cease the permitting application process, which shall be stayed while the Parties seek a determination by the circuit court. If the County does not stay its application process, the circuit court is authorized to issue a temporary injunction, without the requirement of a bond. 9. The term of this agreement shall be 15 years from the date of approval by the Board of County Commissioners. 10. The Parties agree that each Party shall bear its own attorneys fees and costs. 11. Time is of the essence. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK SIGNATURE PAGE(S) TO FOLLOW w 10 VI 4Alk So agreed this day of 20 . This document is signed in counterparts. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: , DEPUTY CLERK GEORGIA A. HILLER, CHAIRWOMAN Approval for form and legal sufficiency: Jeffrey A. Klatzkow, Esq. Collier County Attorney's Office 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 (Attorney for County) Thomas G. Tomasello, Esq. West Gregory,Esq. THOMAS G. TOMASELLO, P.A. Assistant General County 1107 Terrace Street Office of the General Counsel Tallahassee, FL 32303 Department of Environmental Protection 3900 Commonwealth Boulevard, MS #35 Scott Shirley, Esq Tallahassee, FL 32399-3000 ARD, SHIRLEY &RUDOLPH,P.A. (Attorney for DEP) Post Office Box 1874 Tallahassee, FL 32302-1874 (Attorneys for Petitioners) Robert O.Naegele, Jr. Rollin O. Rhea Petitioner Petitioner Theodore Raia, President Doty V. William, President Mangrove Action Group, Inc., Petitioner The Beachmoore Condominium Owners Association, Inc., Petitioner Derek Allen, President Beachwalk Residents Association, Inc. Petitioner So agreed this day of 20 This document is signed in counterparts. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: , DEPUTY CLERK GEORGIA A. HILLER, CHAIRWOMAN Approval for form and legal sufficiency: Jeffrey A. Klatzkow, Esq. Collier County Attorney's Office 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 (Attorney for County) Thomas G. Tomasello, Esq. West Gregory, Esq. THOMAS G. TOMASELLO, P.A. Assistant General County 1107 Terrace Street Office of the General Counsel Tallahassee, FL 32303 Department of Environmental Protection 3900 Commonwealth Boulevard, MS #35 Scott Shirley, Esq Tallahassee, FL 32399-3000 ARD, SHIRLEY &RUDOLPH, P.A. (Attorney for DEP) Post Office Box 1874 Tallahassee, FL 32302-1874 (Attorneys for Petitioners) Robert O.Naegele, Jr. Rollin O. Rhea Petitioner Petitioner Theodore Raia, President Doty V. William, President Mangrove Action Group, Inc., Petitioner The Beachmoore Condominium Owners Association, Inc., Petitioner Derek Allen, President Kathleen Robbins Beachwalk Residents Association, Inc. Vanderbilt Beach Residents Association, Inc. Petitioner