Backup Documents 01/10/2006 R
BACKUP
BOARD OF
COUNTY
COMMISSIONERS
REGULAR
MEETING
JANUARY 10,2006
01/12/2005 0g:50
23'32534804
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NAPLES DAIL~ NEWS
Pubiighcd Daily
Naple5, FL 3410l
Affidavllt of Publication
State of Fl Jrida
County ofC ollier
Before tile undeIsigncd they serve as the authority, personally
appeared B, La.mb, who on oath s.R)'S that they .
serve as the AS:iistant Corpomtt: Secretary of th~ NlIples Dail)',
<l daily news~.] ~r published at Naples. i~ Collic:r C~unty.
Florida~ distribured in Collier and Lee countIes of Florlda; that
the attached con of the ~dvcnising. being a
~c NOTrCE
in tht matter of 'Public Notice:
as published in said newspaper 1
Limc(s) in the issue January 8th, 2006
Amllot futtha 5n~. thllt lh~ ~aid Napleb Daily News i, a nCW$p.1pc:r
pubhRhcd It Naplc~. in Raid Collie'!' County. Florida, and Ihat the ~llid
neWfpapcr ha. herel of ore beel1 cCltltinuou.ly puhli!hed in uicl Comer
Cmlm}. FT"ridl: di! :ribuled 1n Comer ~nd Lee cO\lml~! of FlQrldll,
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15. ~J
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
January 10, 2006
9:00 AM
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, Newlv Appointed Chairman, District 2
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Jim Coletta, Newlv Appointed Vice-Chairman, 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. 2004-05, AS AMENDED REQUIRES
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), 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
January 10,2006
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 IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Associate Pastor Reverend Dean Dalrymple, United Church of Marco Island
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or Adopted with changes - 4/1 (Commissioner Coyle
opposed)
B. October 14, 2005 - BCC/Value Adjustment Board Meeting
Approved as presented - 5/0
C. November 29,2005 - BCC/Regular Meeting
Approved as presented - 5/0
D. December 5,2005 - BCC/Value Adjustment Board Meeting
Approved as presented - 5/0
E. December 6, 2005 - BCC/Sheriff Workshop
Approved as presented - 5/0
Page 2
January 10,2006
F. December 9,2005 - BCC/Gap Housing Workshop
Approved as presented - 5/0
G. December 13,2005 - BCC/Regular Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
A. Proclamation designating January 27, 2006, as International Holocaust
Remembrance Day. To be accepted by Murray Hendel and Jack Nortman,
Co- Presidents of the Holocaust Museum of Southwest Florida.
Adopted - 5/0
B. Proclamation designating January 15 through 21, 2006, as Purple Martin
Week. To be accepted by Jerry Glasson, President of the Purple Martin
Society of Collier County.
Adopted - 5/0
C. Proclamation designating January 21 - June 25, 2006, as Wyeth, Wright &
Bravo Season. To be accepted by Jackie Lane, Creative Director,
Philharmonic Center for the Arts and Myra Janco Daniels, chairman and
CEO, Philharmonic Center for the Arts.
Adopted - 5/0
5. PRESENTATIONS
A. SELECTION OF CHAIRMAN AND VICE CHAIRMAN
Appointing Commissioner Halas as the new Chairman and appointing
Commissioner Coletta as the new Vice-Chairman - Approved 5/0
B. Presentation to members of various agencies recognizing the Emergency
Medical Services Paramedics, Firefighters and Law Enforcement personnel
who, through their skills and knowledge, have successfully brought back to
life individuals who had died. The "Phoenix" is a mythological bird that died
and rose renewed from its ashes.
Presented by Dan Summers, Emergency Management Director
Page 3
January 10,2006
6. PUBLIC PETITIONS
A. Public Petition request by the Jerusalem Haitian Community Center, Inc. to
discuss operation of the CAT bus service on Sundays.
Presented by Jacques Sinjuste, President of the Jerusalem Haitian
Community Center, Inc.
B. Public Petition request by Mr. Stephen Widzicki regarding paving
residential streets.
Will discuss this type of request during budget hearings
Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This petition reQuires that participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-03-AR-4647:
Mitchell D. House, represented by Donald J. Murray, AICP, and Coastal
Engineering Consultants, Inc., is requesting a Conditional Use to allow for
the establishment of an eco-tourist facility in the Rural Agricultural-Area of
Critical State Concern/Special Treatment Overlay (A-ACSC/ST) zoning
district pursuant to Section 2.04.03, Table 2, of the Collier County Land
Development Code. The subject property is located approximately of a mile
west ofS.R. 29, on the north side of U.S. 41, in Section 25, Township 52
South, Range 29 East, Collier County, Florida.
Resolution 2006-10 Adopted w/stipulations - 5/0
8. ADVERTISED PUBLIC HEARINGS
Moved from Item #17B
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-A-2004-AR-
5431: C & R Realty of Richmond, Inc, represented by Robert L. Duane of
Hole Montes, Inc., and R. Bruce Anderson of Roetzel & Andress is
requesting a rezone from Estates E and Planned Unit Development PUD
zoning districts to the Commercial Planned Unit Development "CPUD"
zoning district to be known as Cambridge Square CPUD, an
office and retail development consisting of a maximum of 80,000
square feet of commercial development and 35,000 square feet of office uses
located on approximately 16.1 acres, on the northeast comer of the
Page 4
January 10, 2006
intersection of Pine Ridge Road (CR 896) and Livingston Road, in Section
7, Township 49 South, Range 26 East Collier County, Florida.
Ordinance 2006-01 - 4/1 (Commissioner Coletta opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the County Government Productivity
Committee.
Resolution 2006-04: Re-appointing Janet Vasey and Steven Harrison;
and appointing Robert Dictor, Glen D. Harrell, Bradley A. Boaz, and
Colleen M. K vetko - Adopted 5/0
B. Appointment of member to the Collier County Planning Commission.
Resolution 2006-05: Appointing Tor Kolflat - Adopted 5/0
C. Appointment of members to the Ochopee Fire Control District Advisory
Committee.
Resolution 2006-06: Re-appointing John Pennell (representing
Plantation Island) and re-advertise for the remaining position and
recommendation from the Everglades City Council for a representative
- Adopted 5/0;
(It was mentioned that David Loving had died on Thursday who had
been the representative for Everglades City)
D. Appointment of members to the Development Services Advisory
Committee.
Resolution 2006-07: Re-appointing Clay Brooker and appointing David
E. Bryant; James E. Bougton and Reed Jarvi - Adopted 5/0
E. Appointment of member to the Collier County Citizens Corps.
Resolution 2006-08: Appointing Captain Alejandro Castillo
- Adopted 5/0
F. Appointment of members to the Golden Gate Community Center Advisory
Committee.
Resolution 2006-09: Re-appointing Kaydee Tuff (with waiver of term
limits) and appointing W. James Klug, 111- Adopted 5/0
10. COUNTY MANAGER'S REPORT
Page 5
January 10, 2006
A. Report to the Board of County Commissioners the efforts of the Contractor
Licensing Office and the Code Enforcement Department regarding the
regulation of contractors found in violation of applicable laws and
ordinances. (Joseph K. Schmitt, Administrator, Community Development &
Environmental Services Division)
County Attorney to give guidance to the Board on how to accomplish
their goals regarding the contractors; report to be given at the
February 28, 2006 BCC Regular meeting - Approved 5/0
B. Recommendation to award Bid No. 06-3904 - Purchase of asphalt and
related items for the estimated annual amount of $2.3 million to Better
Roads Inc., as primary and Bonness Inc., as secondary. (Norman Feder,
Administrator, Transportation Services)
Approved - 5/0
C. Recommendation that the Board of County Commissioners approve a
request for dedication of right of way within the Livingston Village PUD to
accommodate the potential future extension of Green Boulevard. (Norman
Feder, Administrator, Transportation Services)
Approved - 5/0
D. Recommendation to approve award of bid 06-3922 in the Amount of
$1,237,040 for Pump Stations 109 and 113 Improvements to Douglas N
Higgins Inc. Project 73945. (Jim DeLony, Administrator, Public Utilities)
Approved - 5/0
Moved from Item #16Cl
E. Recommendation to approve a $4,500,000 increase to Purchase Order
Number 4500055195, issued to Solid Resources, Inc., for hurricane debris
removal monitoring work, from an initial emergency estimate of $500,000 to
the budgeted amount of $5,000,000.
Approved - 4/0 (Commissioner Coyle absent)
Moved from Item #16E6
F. Report and Ratify Staff-Approved Change Orders and Changes to Work
Orders to Board-Approved Contracts.
(For the period of November 21, 2005 through December 16,2005)
Approved - 5/0
Moved from Item #16E7
Page 6
January 10,2006
G. Recommendation to approve change order number two Exhibit E in the
amount of$232,608.59 under contract number 04-3709, construction of
Emergency Medical Services (EMS) Facility 19 with Brooks and Freund,
LCC.
Approved - 4/1 (Commissioner Henning opposed)
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Bob Krasowski regarding the bids on hurricane debris removal
B. Ken Thompson concerning on garbage trucks in his neighborhood and
his problems with an area boat house
12. COUNTY ATTORNEY'S REPORT
A. David Weigel in reference to the potential (immediate) loss of a Bald
Eagle nest in the Audubon County Club subdivision and possible
litigation
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Jim Mudd: further comments on agenda Item #10G
B. Jim Mudd: regarding the legalizing of golf carts in Goodland
C. Jim Mudd: with respect to a letter from the Conservancy in reference
to a conservation arrangement for Caribbean Gardens
D. Commissioner Coyle: concerning Growth Management legislation and
the drafting of a letter to the Southwest Florida Delegation regarding
upcoming legislation
E. Commissioner Coletta regarding the legalities of leasing property at the
Immokalee Airport and at Caribbean Gardens - to be brought back at
a future BCC Meeting
F. Commissioner Fiala: read a Proclamation/Resolution that was
presented at the Marco Island Chamber of Commerce Event
G. Commissioner Coletta: discussion on GAP Housing Amendments - to
be placed on a further BCC Agenda
Page 7
January 10,2006
H. Commissioner Henning: comments on synchronizing lights in the
urban area
G. Chairman Halas: comments on the E-Civic program
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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.
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Approved and/or adopted with changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of water utility facilities
for Blue Heron, Phase I-A.
W /release of Utilities Performance Security
2) Recommendation to approve an Agreement for Sale and Purchase
with Velma R. Graham as Trustee of the Velma R. Graham
Declaration of Trust dated the 21st day of June, 1995 for 10.26 acres
under the Conservation Collier Land Acquisition Program, at a cost
not to exceed $373,500.
Located within Golden Gate Estates
3) Recommendation to approve final acceptance of water and sewer
utility facilities for Laurel Lakes, Phase I.
W/reduction and/or release of the Utilities Performance Security
4) Recommendation to approve final acceptance of water and sewer
utility facilities for Heritage Greens, Phase IB and II.
W /reduction and/or release of the Utilities Performance Security
5) Recommendation to approve for recording the final plat of Fiddlers
Creek Phase 3, Unit Three, approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
Page 8
January 10, 2006
6) Recommendation to approve for recording the final plat of Valencia
Golf and Country Club Clubhouse.
7) Recommendation to approve final acceptance of water and sewer
utility facilities for Briarwood, Unit 5.
W /reduction and/or release of the Utilities Performance Security
8) Recommendation to approve final acceptance of water utility facilities
for Lalique at the Vineyards.
W /reduction and/or release of the Utilities Performance Security
9) Recommendation to approve for recording the final plat of Orange
Blossom Ranch Phase I B, approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
10) Recommendation to approve final acceptance of water and sewer
utility facilities for Huntington Lakes Unit One.
W /reduction and/or release of the Utilities Performance Security
11) Recommendation to approve final acceptance of water utility facilities
for Coventry Square.
W /reduction and/or release of the Utilities Performance Security
12) Recommendation to approve final acceptance of water and sewer
utility facilities for Camelot Park at the Vineyards.
W/reduction and/or release of the Utilities Performance Security
13) Recommendation to approve final acceptance of sewer utility facilities
for Sanctuary Pointe at Sterling Oaks.
W/reduction and/or release of the Utilities Performance Security
14) Recommendation to approve final acceptance of water and sewer
utility facilities for Tiburon Golf Club Clubhouse.
W /release of the Utilities Performance Security
15) Recommendation to approve final acceptance of sewer utility facilities
for Grey Oaks, Unit 15.
W /reduction and/or release of the Utilities Performance Security
Page 9
January 10,2006
16) Recommendation to approve final acceptance of sewer utility facilities
for Isla Vista at Grey Oaks.
W /reduction and/or release of the Utilities Performance Security
17) CARNY-05-AR-8426, Vonda Welky, Fair Manager, Collier County
Fair and Exposition, requesting a permit to conduct the annual Collier
County Fair on February 3 through February 12,2006, at the Collier
County Fair Grounds located on SR- 846, North Golden Gate.
Carnival Permit 2006-01 w/waiving license and surety bond
18) Recommendation to direct the County Manager or his designee to
prepare and submit an application for purchase by the Conservation
Collier Program of specific parcel(s) associated with the County's
purchase of Fleischmann-Caribbean Gardens properties.
19) Recommendation to approve for recording the final plat of Fiddlers
Creek Phase Four, Unit Three, approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
20) Recommendation to approve for recording the final plat of Marbella
Lakes, approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
W /stipulations
21) Recommendation to approve an Interim Management Plan for the
Malt property under the Conservation Collier Land Acquisition
Program.
Adjacent to Rookery Bay on SR 951
22) Recommendation to approve an Interim Management Plan for the
Watkins/Jones property under the Conservation Collier Land
Acquisition Program.
East of US 41
B. TRANSPORTATION SERVICES
Page 10
January 10,2006
1) Recommendation to approve an Easement Agreement and accept a
Drainage Easement for the purpose of installing a pipe to connect new
and existing underground culverts to alleviate the storm water
flooding which occurs in the Twin Lakes subdivision along Granada
Boulevard. (FY 2006 Project 510058) (Fiscal Impact $21,000. plus
recording fees)
In coordination with the Goodlette-Frank Road widening project
2) Recommendation to approve a change order in the amount of
$296,500.00 to CH2M Hill, Inc. amending contract #05-3774 Gordon
River Water Quality Park (project No. 510185) Engineering Design
contract.
To be located east of Goodlette-Frank Road and north of Golden
Gate Parkway within the city of Naples
3) Recommendation to approve an Alternative Access and Relocation
Agreement associated with the six-laning of Collier Boulevard (CR
951) from Golden Gate Boulevard to Immokalee Road. (Project No.
65061, Capital Improvement Element No. 37). Fiscal Impact:
$92,000.00
In order to avoid the expense of relocating the existing AT&T
fiber-optic regeneration facilities
4) Recommendation to award annual contract 06-3900 to Big Cypress
Mitigation Bank, Little Pine Island Wetland Mitigation, and Panther
Island Mitigation Bank/Southwest Florida Wetlands Joint Venture for
Wetlands Mitigation Credits, Bid No. 06-3900.
5) Recommendation to approve the Governmental Facilities Relocation
Agreement with the Florida Power & Light Company in the estimated
amount of $551 ,626.67 for replacement of transmission poles and
holding of guy poles in connection with the Goodlette-Frank Road
expansion project from Golden Gate Parkway to Pompei Lane, Project
No. 60005.
Approved w/stipulations: regarding the indemnification
agreement
6) Recommendation that the Board Authorize the County Manager or
His Designee to Execute a License Agreement Between Collier
County and Individuals or Businesses Licensed to Practice Surveying
Page 11
January 10, 2006
and Mapping in the State of Florida to Allow Access to the County's
Global Positioning System (GPS) Network for the Purpose of
Surveying and Mapping.
As detailed in the Executive Summary
7) Recommendation to approve expenses for McDonald Transit that
were incurred in Fiscal Year 04/05 under contract 00-3146 that
expired on September 30, 2005 in the amount of $42,000.
To ensure minimal service disruption for passengers who are
transportation dependent
8) Recommendation to approve and execute a contract amendment
between Collier County and the Commission for the Transportation
Disadvantaged for funding in the amount of $235,466 for the
provision of transportation for qualified Medicaid recipients.
For the first six months of 2006
9) Recommendation to approve the Park-n-Ride Site Identification Study
FY 2006.
To be used as a guide for future development of park-n-ride
site locations
10) Recommendation to approve the use of Federal Transit
Administration (FTA) FY 05/065307 grant funds for the purchase of
three transit buses under Florida Public Transportation
AssociationlHartline contract #2003-07-01, trolley decal wraps, and
necessary equipment (in the estimated amount of $ 880,971) and to
recognize additional FT A FY 05/06 5307 grant funds.
Route expansion for 2006 requires a total of 20 buses
C. PUBLIC UTILITIES
Moved to Item #10E
1) Recommendation to approve a $4,500,000 increase to Purchase Order
Number 4500055195, issued to Solid Resources, Inc., for hurricane
debris removal monitoring work, from an initial emergency estimate
of $500,000 to the budgeted amount of $5,000,000.
2) Recommendation to authorize conveyance of an Easement to Florida
Power & Light Company (FPL) for the installation of underground
Page 12
January 10, 2006
electric facilities to provide electric service to the North County
Regional Water Treatment Plant Reverse Osmosis Wellfield
(NCRWTP RO Wellfield), at a cost not to exceed $27.00, Project
Number 710061.
To improve service reliability to the NCRWTP RO Wellfield
3) Recommendation to reject the two bids received for Bid No. 05-3897
and to authorize the staff to re-advertise for the Golden Gate Wellfield
Reliability Improvements Well No. 34; Project 70158.
Bids rejected from D.N. Higgins, Inc. and Encore Construction
Co.
4) Recommendation to approve Work Order RKS-FT-3681-06-01 for
professional engineering services from RKS Consulting Engineers,
Inc. for the Water and Wastewater Energy Efficiency Enhancements
in the amount of$121,000, Project Numbers 71007 and 73071.
For energy efficiency enhancements for the major facilities within
the Collier County Public Utilities
5) Recommendation that the Board approve payment of $82,339 to
Douglas N. Higgins, contractor for the Florida Department of
Environmental Protection Agency (FDEP) Division of Recreation and
Parks towards In-Kind services in accordance with FDEP Consent
Order OGC-552-11-DW Project 73161.
For the conversion of a Package Plant into a Lift Station at the
Seminole Park
6) Recommendation to award Bid #05-3884 Furnish and Deliver Sodium
Chlorite to International Dioxide as the primary contractor and Altivia
as the secondary contractor in the estimated amount of $68,988 per
year.
Used for odor control during the North County Water
Reclamation Facility's (NCWRF's) dewatering process
7) Recommendation to approve the South Florida Water Management
District Local Governmental Agreement Amendment No. DG040617-
A02 extending the original agreement to partially fund the Manatee
Road Four New Potable Water Aquifer Storage and Recover (ASR)
Wells System, Project 70157.
Page 13
January 10, 2006
The agreement which is extended to May 31,2007, will help
ensure Collier County meets future peak water demands
8) Recommendation to rescind the bid award 05-3894 in the Amount of
$3,171,636 to Douglas N. Higgins, Inc., for the construction of the
Potable Water Main and Landscaping Improvements along U.S. 41
Project 71059.
From Rattlesnake Hammock Road to Barefoot Williams Road
9) Recommendation to approve a modification to Purchase Order
4500041201 in the amount of $4, 146,000.00 for professional services
being performed under Contract 04-3673 with Carollo Engineers for
design of the Northeast Regional Water Treatment Plant and Water
Reclamation Facility, Project Numbers 70902 and 73156.
To meet demand in the northeast region of the county and to stay
in compliance with regulatory requirements
D. PUBLIC SERVICES
1) Recommendation to approve a Resolution Designating the Month of
February as Domestic Animal Services Senior Appreciation Month
and Providing for a Fee Reduction to Senior Citizens in the Amount
of $1 0 for the Adoption of Dogs and Cats During that Month.
Resolution 2006-01
2) Recommendation to approve a Resolution authorizing the after-the-
fact submittal of a Community Development Block Grant for
expansion of the Physician Led Access Network of Collier County
Project in the amount of $85,000.
Resolution 2006-02
3) Report expenditure of Direct Material Purchase program funds to
purchase Communications Services for North Collier Regional Park in
the amount of $1 07,796.44 from Aztek Communications.
To provide the North County Regional Park with fiber optic cable
connections in an ample and cost-effective manner
E. ADMINISTRATIVE SERVICES
Page 14
January 10,2006
1) Recommendation to approve a budget amendment for $74,098.05 to
recognize carry-forward revenue for new air conditioners (Project
52162).
For air-conditioners purchased from EHC, Inc.
2) Recommendation to waive formal competition and approve the
purchase of annual software maintenance for the electronic document
management systems (EDMS) for five years. ($48,000)
From Image One Corporation
3) Recommendation to approve and execute the attached License
Agreement with Mayflower Congregational United Church of Christ,
Inc., for temporary employee parking during construction of new
County Fleet, Collier Area Transit, and Sheriffs Office Fleet facilities
at an annual rental not to exceed $14,400, Project 520093.
For the period of 2 to 3 years, located at 2900 County Barn Road
4) Recommendation to approve and execute the attached Lease
Agreement with Roger Carvallo for temporary office space to house
the Guardian Ad Litem office during construction for the new
Courthouse Annex building at a first years annual cost not to exceed
$24,744, Project 525331.
For a lease period of two years, located at 2671 Airport Road
5) Recommendation to approve an expenditure of $ 26,825 for
emergency radio tower repairs following Hurricane Wilma.
Performed by Goff Communications
Moved to Item #10F
6) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
Moved to Item #10G
7) Recommendation to approve change order number two Exhibit E in
the amount of$232,608.59 under contract number 04-3709,
construction of Emergency Medical Services (EMS) Facility 19 with
Brooks and Freund, LCC.
Page 15
January 10, 2006
8) Recommendation to approve an amendment to the Collier County
Driver Education Grant Program]
To ensure that funds are available and released in time for
summer driving programs
F. COUNTY MANAGER
1) Recommend Approval to authorize payment of funds to Coastal
Planning and Engineering for work performed prior to the issuance of
a Purchase Order and Notice to Proceed for the reevaluation of Clam
Pass Inlet Management Plan. ($34,462)
For the county beach re-nourishment project
2) Recommendation to approve ZOLL Medical Corporation as the sole
source provider of various proprietary, noninvasive resuscitation
devices and disposable electrodes and accompanying accessories.
($24,000)
To provide rescue personnel state of the art pacing and
defibrillation equipment for emergency treatment of cardiac
arrest victims
3) Recommend approval by the Board of County Commissioners for
Change Order No.2 to Work Order #HM-FT-05-02, under Contract
01-3271 for $45,250 to Humiston and Moore to extend construction
phase services through December, 2005 and provide laboratory
analysis of sand samples as required by FDEP permit on the
Hideaway Beach Project No. 90502.
4) Recommend Approval to authorize payment of funds to Coastal
Planning and Engineering for work performed prior to the issuance of
a Purchase Order and Notice to Proceed for the preparation ofFEMA
funding packages for beach damages from Hurricanes Katrina and
Wilma. ($86,265)
For storm related damages done to the Vanderbilt, Park Shore
and Naples Beaches
5) Recommendation to approve a $60,000 Budget Amendment to fund
legal fees incurred in the law suit Dwight E. Brock v. Board of County
Commissioners, Linda T. Swisher and Paul W. Wilson, Case No. 04-
Page 16
January 10, 2006
941-CA, Twentieth Judicial Circuit in and for Collier County.
As detailed in the Executive Summary
6) To establish supplemental budget appropriations in a centralized cost
center within the General Fund for Hurricane Wilma recovery efforts.
($125,000)
For hurricane recovery expenses
7) Recommend approval of Change Order #4 with Marine Contracting
Group for additional expenditure of$210,000 under contract 05-3744,
Project No. 905021.
For the Hideaway Beach Jetty & T-Groin Construction Project
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Henning requests Board approval for reimbursement
to attend a function serving a valid public purpose. Commissioner to
attend the Economic Development Council of Collier County's Pre-
Legislative Luncheon at The Strand Country Club on Wednesday,
December 14,2005. $20.00 to be paid from Commissioner's travel
budget.
To preview the 2006 legislative Session
2) Commissioner Coletta request approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid to attend the Gala Celebrating the 5th Anniversary of Jerusalem
Haitian Community Center, Inc. on December 10, 2005 and is
requesting reimbursement in the amount of $20.00, to be paid from
his travel budget.
Held at the Naples New Haitian Church of the Nazarene, 5085
Bayshore Drive
3) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Economic Development Council Pre-Legislative Luncheon on
December 14, 2005 at The Strand Country Club; $20.00 to be paid
from Commissioner Halas travel budget.
Page 17
January 10, 2006
To preview the 2006 legislative Session
4) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Issues '06 Southwest Regional Delegation Forum on December 16,
2005 at FGCU; $40.00 to be paid from Commissioner Halas travel
budget.
To discuss upcoming legislation with state representatives
5) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. The event was the
Marco Island Chamber of Commerce Christmas Island Style Gala on
December 7,2005. $60.00 to be paid from Commissioner Fiala's
travel fund.
Located at 1102 N. Collier Boulevard
6) Commissioner Coletta requests approval for reimbursement for
prepayment to attend a function serving a valid public purpose.
Commissioner prepaid to attend the ULI Southwest Florida 9th
Annual Winter Institute Conference on February 3, 2006, and is
requesting reimbursement in the amount of $25.00 to be paid from his
travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous correspondence 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. ($49,121.91)
For voter education training programs
2) Recommendation to create a Criminal Case Management System,
including the creation of a Case Management Coordinator position, to
expedite cases through criminal court system (FY06 costs of
$38,100).
To monitor and facilitate movement of cases through the criminal
court system
Page 18
January 10,2006
3) Approve the Interlocal Agreement for Election Services which leases
the County owned voting machines to the City of Naples for use in the
City's February 7,2006 election, and to authorize the execution of this
agreement by the Chairman of the Board of County Commissioners.
For a fee of $12,500.00 and reimbursement for all costs associated
with the election
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners Authorize
the County Attorney's Office to Make a Business Damage Offer to
Settle a Claim for Business Damages by Work - A-Holies Landscape
Management, Inc. resulting from the Acquisition of Parcels 103A,
103B, 103C, 103D, 103E and 703 in the Case Styled Collier County v.
Cullen Z. Walker, et al., Case No. 05-0728-CA (Logan Boulevard
Project #60166) (Fiscal Impact, if accepted, is $550,000).
2) Recommendation to approve the Offer of Judgment in the amount of
$53,130.00 as to Parcels 115 & 715 in the lawsuit styled Collier
County v. Rafael Liy, et al., Case No. 05-752-CA (Collier Blvd.
Project No. 65061). (Fiscal Impact $13,970.55, if offer accepted)
3) Recommendation to approve the Offer of Judgment in the amount of
$37,605.00 as to Parcels 122 & 722 in the lawsuit styled Collier
County v. Gulfstream Homes, Inc., et al., Case No. 05-758-CA
(Collier Blvd. Project No. 65061). (Fiscal Impact $7,827.15, if offer
accepted)
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
Page 19
January 10,2006
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-2005-AR-7749:
Living Word Family Church, represented by Laura Spurgeon, AICP, of
Johnson Engineering is requesting a Conditional Use pursuant to Section
2.04.03 (Table 2) of the Collier County Land Development Code (LDC) for
the property to be used for a Church Facility in the Rural Agricultural (A)
zoning district. The subject property, consisting of 18.1 acres, is located on
the south side ofImmokalee Road, approximately 2 1/2 miles east ofCR
951 in Section 30, Township 48 South, Range 27 East, Collier County,
Florida.
Resolution 2006-03
Moved to Item #8A
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-A-2004-AR-
5431: C & R Realty of Richmond, Inc, represented by Robert L. Duane of
Hole Montes, Inc., and R. Bruce Anderson of Roetzel & Andress is
requesting a rezone from Estates E and Planned Unit Development PUD
zoning districts to the Commercial Planned Unit Development "CPUD"
zoning district to be known as Cambridge Square CPUD, an office and retail
development consisting of a maximum of 80,000 square feet of commercial
development and 35,000 square feet of office uses located on approximately
16.1 acres, on the northeast comer of the intersection of Pine Ridge Road
(CR 896) and Livingston Road, in Section 7, Township 49 South, Range 26
East Collier County, Florida.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 20
January 10, 2006
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Januarv 10. 2006
Item 16B6: Index title should read: "Recommendation that the Board authorize the County
Manager or his designee, . ," (rather than Transportation Division Administrator). All backup
material is correct. (Staff's request.)
Item 16E1: The word "revenue" was omitted from the index title and should read:
"Recommendation to approve a budget amendment for $74,098.05 to recognize carry-forward
revenue. . ,." (Staff's request.)
Item 16E4: The project number for this item should be 525331 (rather than 52533). All backup
material is correct. (Staff's request.)
Item 16E6: Fiscal Impact on the Executive Summary should read: "There is a fiscal impact
resulting from this action." (Staff's request.)
Item 16K1: It should be noted for the record that the proposed offer for business damages will be
inclusive of costs to cure the existing improvements, as well as damages to improvements.
(Staff's request.)
4A
.
PROCLAMA TION
WHEREAS, in a resolution co-sponsored by 104 Member States, the United
Nations General Assembly has designated January 27 as
International Holocaust Remembrance Day in an effort to keep
memory of the Holocaust alive, and to reaffirm unfaltering
resolve to prevent the recurrence of such crimes and future acts
of genocide,' and,
WHEREAS, January 27, 1945, is currently recognized as the official day of
remembrance for Holocaust victims in many countries and marks
the day when an advancing Soviet army liberated the largest
Nazi death camp, Auschwitz-Birkenau in Poland,' and,
WHEREAS, Collier County encourages all its citizens to recognize the grievous
crimes committed during the' Holocaust and to remember the
suffering of the J 1 million humans wheJ perished,' and,
WHEREAS, the Holocaust Museum of Southwest Florida promotes tolerance
and understanding by teaching the history and lessons of the
Holocaust through its educational programs.
NOW THEREFORE, be it proclaimed by tiie Boord of County Commissioners
of Collier County, Florida, that January 27, 2006, be designated
as
;~, j
International RolocaustRemembrance Day
DONE AND ORDERED THIS 10th Day of January;; 2006.
{~ 'i; tL'~, ,N?"" ;
iJOA,iD;'~F COUNrYCOMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMA
DWlj, " .;:' t."CLERK
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48
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PROCLAMA rION
WHEREAS, in 0 very short time, thOU$onds of our very beoutiful feothered
friends, the Purple Mortill$, will return from their winter home in
BrtlZil: ond,
WHEREAS, these birds will be seorching for suitoble housing to enoble them
to nest ond rear their young: ond,
WHEREAS, the Florido Legislature hos designoted Collier County the PURPLE
MARTIN CAPITAL OF FLORIDA: and,
WHEREAS, the Purple Martin Society of Collier County is desirous of urging
the public to erect proper housing for these very valuable winged
creatures by placing said houses on their property: ond,
WHEREAS, during the period of January 16 through 21, 2006, the Purple
Martin Society of.Collierj Cotihty',will" endeavor to alert the public
to how valuab/~' theSe blNs'(JI't! Ilnhelping to diminish the insect
and mosquito populotion.;f:~. .
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NOW THEREFORE;ir;'tiiN;r;Jt"",tmed.lI/(lhTg:;ii/;,YIJ,J!c-mtssltJners
of Collier County,:Florida".thot January 16 thrtHJgh 21, 2006, be
designoted oS,:j:' {.{'.L.~c~"'~\ ,/". j
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DONE AND ORDERED THIS 10th Doy of\'Jonuary, 2t;J06.
'Ii 1("1 '\t' ,; t. ,. ,;:,,;'
,,;80ARD OF COUNTY/COMMISSIONERS
,'COLLIER COUNTY~~f'FLORIDA
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-<:;JiFRED W.,~ COYLE, CHAIRM
A TrEST:
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PROCLAMA TrON
4C
.
WHEREAS, thtl Philharmonic Ctlnttlr for thtl Arts Cultural CompltIX is thtl Itlading
arts ctlnttlr in Southwtlst Florida, tlncompassing both world-closs visual
and ptlrforming arts, along with arts tlducation,' and,
WHEREAS, thtl Napltls Mustlum of Art and thtl Philharmonic Ctlnttlr for thtl Arts
ore dtldicattld to tlnlighttllling, tlducating, and tlnttlrtaining citiztlns of
011 agtls in Collitlr County and thtl surrounding area,' and,
WHEREAS, thtl Napltls Mustlum of Arts tlXhibition Andrew Wytlth & Family is
tlxptlcted to btl thtl lost timtl Andrew Wyeth s famous Hel!Jtl pointings,
which were rectlntly sold to 0 privattl colltlctor, will btl seen in on
tlXhibition,' and,
WHEREAS, the tlXhlbition Andrew Wytlth & Family will btl thtl first tlXhibition evtlr
In which thtl Hel9a paintings ore dlsplaYtld along with works by Andrew
Wyeths son Jamie and his father N.C." and,
WHEREAS, thtl Naples MustlumfJt~t1JJ}15d"jJratlllting thtl blockbuster
tlXhlbitlons Frank Uoyd. Wrl9ht< tIIIdthtl .HtJusc;, Beautiful and Claudio
Bravo, featuring worklltlver btlfo,. stltln in,Southwtlst Florida,' and,
WHEREAS, Claudi;';~~;l'~';;"~VtlI taI;;;f\iJI;''''fr,~~i$ homtl in Morocco
to ptlrticipot~ in thtl ,o~i1igof! the eXhlbitior}\Claudlo Bravo,' and,
WHEREAS, iii ,''d media.f/;J ~;~~~'~l/l$J;}1l~ from around
tn. ntittl and other ports ,of the cDUlltry to tlXptlrltlnce these rare and
tlXc/tlng tlxhlbitions....,: " ' }., ,;
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NOW THEREFORE, 'be it proClaim~d by the Bbard'of County Comm/n/tHttlrs
of Collitlr County, Florida,;.,that January 21 throughJU1ItI 25, 2006, btl
dtlsigMttld tIS
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DONE AND ORDERED THIS~f~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
7A
.
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc,)
~::;i::::;.~;.~;:.~:::::~::;:'::~;;~:;...;::::;.~:;;:;;;;:::..............~:;:..~i.i!i.i~~............
Petition No. (If none, give brief description): cU-2003-AR-4647, Jan's Trams
Petitioner: (Name & Address): Donald Murray, AICP, Coastal Engineering Con sultans, Inc., 3106 S. Horseshoe Dr., Naples, FL 34104
Name & Address of any person(s) to be notified by Clerk's Office: Mitchell D. House, PO Box 402, Everglades City, FL 34139
Hearing before BCC
BZA
Other
Requested Hearing date: January 10. 2006
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CU-2003-AR-4647 Mitchell D. House, represented by
Donald J. Murray, AICP, of Coastal Engineering Consultants, Inc., is requesting a Conditional Use to allow for the establishment of an
eco-tourist facility in the Rural Agricultural-Area of Critical State ConcemlSpecial Treatment Overlay (A-ACSC/ST) zoning district
pursuant to Section 2.04.03, Table 2, of the Collier County Land Development Code. The subject property is located approximately %
of a mile west of S.R. 29, on the north side of U.S. 41, in Section 25, Township 52 South, Range 29 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by: ~ II ~fJ
~ Date /
List Attachments:
Approved by:
County Manager
Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
******************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ Date of Public hearing: --Ll1o.J.Q5 Date Advertised: ~J fE)
7A
.
RESOLUTION NO, 05-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING
FOR THE ESTABLISHMENT OF AN ECO TOURIST RECREATIONAL
FACILITY CONDITIONAL USE IN THE RURAL AGRICULTURAL (A)
ZONING DISTRICT PURSUANT TO SECTION 2.04.03, TABLE 2, OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 25, TOWNSHIP 52 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
Number 04-41, as amended) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is the granting
of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (BZA), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of an Eco Tourist Recreational Facility
Conditional Use pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code in
a Rural Agricultural (A) Zoning District on the property hereinafter described, and the Collier County
Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations and in
accordance with Subsection 10.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The petition filed by Donald J. Murray, AICP, of Coastal Engineering, Inc., representing
Mitchell D. House, lessee, with respect to the property hereinafter described as:
Exhibit "B" attached hereto and incorporated by reference herein
be and the same is hereby approved for an Eco Tourist Recreational Facility Conditional Use
pursuant to Section 2.04.03, Table 2, Collier County Land Development Code in the Rural
Agricultural (A) Zoning District in accordance with the Conceptual Master Plan (Exhibit "C")
and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
Page 1 of2
This Resolution adopted after motion, second and super-majority vote.
Done this
day of
,2005.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and
legal sufficiency:
~l} Marjorie M. Student-Stirling
Assistant County Attorney
CU-2003-AR-464 7/HW 110
Page 2 of2
7A
.
7A
.
\
\
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-4647
The following facts are found:
1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Y es No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D, Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
CHAIRMAN:
EXHIBIT A
7A
.
LEGAL DESCRIPTION
EXHIBIT "B"
CU-2003-AR-4647
A PARCEL OF LAND LYING IN THAT PART OF SECTION 24 AND SECTION 25,
TOWNSHIP 52 SOUTH, RANGE 29 EAST, COLLIER, COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 25 RUN
SOUTH 89058'19" EAST ALONG THE NORTH LINE OF SAID SECTION 25 FOR A
DISTANCE OF 985 FEET TO THE POINT OF BEGINNING; THENCE LEAVING
SAID LINE NORTH 230 30' EAST A DISTANCE OF 652 FEET; THENCE NORTH
09043' EAST A DISTANCE OF 1,606 FEET; THENCE WESTERLY A DISTANCE
OF 2,065 FEET; THENCE NORTHERLY A DISTANCE OF 610 FEET; THENCE
EASTERLY A DISTANCE OF 2,879 FEET; THENCE SOUTHERLY A DISTANCE
OF 1,828 FEET MORE OR LESS TO AN INTERSECTION WITH THE WEST RIGHT
OF WAY LINE OF THE SEABORD COAST LINE RAILROAD; THENCE ALONG
SAID RIGHT OF WAY LINE SOUTH 20001'46" WEST A DISTANCE OF 3,803
FEET MORE OR LESS TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. 41
(TAMIAMI TRAIL); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 650
WEST A DISTANCE OF1,080 FEET; THENCE LEAVING SAID LINE, RUN
NORTHEASTERLY A DISTANCE OF 2,348 FEET MORE OR LESS TO THE POINT
OF BEGINNING.
LESS AND EXCEPT THOSE LANDS CONVEYED TO COLLIER COUNTY
RECORDED IN OFFICIAL RECORDS BOOK 1671, PAGES 1692 THROUGH
1694 OF THE PUBLIC RECORDS.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 142 ACRES OF
LAND.
II'
7A
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CONDITIONS
EXHIBIT "D"
CU-2003-AR-4647
The conditions of approval, as required by Section 4,02,02.B.3.c of the Collier County
Land Development Code, and as recommended by staff, shall be as follows:
1. Permits or letters of exemption from the U.S. Army Corps of Engineers, the
Florida DEP, and the SFWMD shall be presented to the County Manager or
designee prior to site development plan approval.
2. The petitioner shall post the property along the entire property line with no
trespassing signs approximately every 300 yards.
3. The petitioner shall utilize only trails identified and approved on the site
development plan. No new trails shall be established.
4. Motor vehicles shall be equipped with engines which include spark arrestors
and mufflers designed to reduce noise. The petitioner will provide a statement
and/or repair bill from a licensed auto mechanic certifying that the vehicles in
use comply with the defined criteria within 30 days of approval.
5. Vehicular use shall be limited to two buses with a combined passenger
capacity of 60 people, and two pontoon boats, equipped with 4-stroke
outboard engines, with a combined passenger capacity of 60 people.
6. Motor vehicles shall be permitted to operate during daylight hours which
means, one hour after sunrise to one hour before sunset.
7. Molestation of wildlife, including feeding, shall be prohibited,
8. Vehicles shall comply with state and U. S. Coast Guard regulations.
9. No new improvements shall be made to the logging trail that will be utilized
by the eco-tours;
10. There shall be no trimming of the oak trees in the hardwood hammock located
at the end of the logging trail;
11. The applicant shall relocate any listed species in impacted portions of the
canal area to areas that will not be impacted;
12. Educational information shall be provided during tours;
13. The owner shall use a licensed mangrove trimmer for any necessary trimming;
14. The applicant shall remove all the exotic species from the tour areas; and,
15. There shall be a record of weekly inspections of the vehicles for oil leakage.
16. The applicant shall provide a minimum of a 19.2-acre permanent conservation
easement dedicated to Collier County, in a location based on the GMP and
LDC preserve ranking criteria, to be reviewed and approved by the Office of
the County Attorney prior to site development plan approval. The easement
shall be recorded within 90 days of site development plan approval, or before
the proposed building is granted a certificate of occupancy, whichever comes
first.
Jan's Trams - CU-2003-AR-4647
Ann P. Jennejohn
From: martin_c [CeciliaMartin@colliergov.net]
Sent: Monday, December 05,20057:46 AM
To: Ann P. Jennejohn
Subject: RE: Jan's Trams - CU-2003-AR-4647
Yep, January 10, 2006, date. Thanks
From: Ann p, Jennejohn [mailto:Ann.Jennejohn@c1erk.collierJl.us]
Sent: Friday, December 02, 2005 1:25 PM
To: martin_c
Subject: Jan's Trams - CU-2003-AR-4647
Hi,
Just wanted to know if it was O.K. to go ahead and advertise this.
I believe it was killed once, so we just wanted to be sure it's a "go ahead" before
we send it to NDN.
Thanks darlin'
Ann
12/5/2005
Page 1 of 1
7A
December 5, 2005
Attn: Legals
Naples Daily News
1075 Central A venue
Naples, Florida 34102
Re: CU-2003-AR-4647; Jan's Trams
Dear Legals:
Please advertise the above referenced notice on Sunday, December 25, 2005 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O.lAccount # 113-138312-649110
7A
."Ji4"
7A
#
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, January 10,
2006, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
The Board will consider Petition CU-03-AR-4647, Mitchell D. House,
represented by Donald J. Murray, AICP, of Coastal Engineering
Consultants, Inc., is requesting a Conditional Use to allow for
the establishment of an eco-tourist facility in the Rural
Agricultural-Area of Critical State Concern/Special Treatment
Overlay (A-ACSC/ST) zoning district pursuant to Section 2.04.03,
Table 2, of the Collier County Land Development Code. The subject
property is located approximately X of a mile west of S.R. 29, on
the north side of U.S. 41, in Section 25, Township 52 South, Range
29 East, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISISONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
Dwight E. Brock
Clerk of Courts
'C01!pty-ofCt)1.1ier
... "'-" ,
CLERK OF THE Cl]{CQIT COURT
COLLIER COUNTY q,'O', URTP,fP, USE
3301 TAMIAMI ~IL EAtT
, P.O. BOX 4f~044 '\
NAPLES, FLORIDA ~~$,101-3Orf4
it I
7A
".../}~;~,
, ~;.:<:..~....
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
",. (
:J--./
December 5,2005
Mitchell D. House
P.O. Box 402
Everglades City, Florida 34139
Re: Notice of Public Hearing to consider Petition
CU-2003-AR-4647 - Jan's Trams
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 10,2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 25,
2005.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~.oc-.
Ann Jennejohft, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'Colipty-of-Col,lier
'l>. "'-, ,
CLERK OF THE GlRCQIT COURT
COLLIER COUNTY QoURTptOUSE
3301 TAMIAMI TliAIL EA;ST
. P,O. BOX 4fa044\
NAPLES, FLORIDA ~ft.101-3drt4
~,,( I
7A
.
"
".....:<<..'"
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
. (
:JA'
./
December 5,2005
Coastal Engineering Consultants, Inc.
Donald Murray, AICP
3106 S. Horseshoe Dr.
Naples, FL 34104
Re: Notice of Public Hearing to consider Petition
CU-2003-AR-4647 - Jan's Trams
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 10,2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 25,
2005.
You are invited to attend this public hearing.
Sincerely,
t14.u ~o.( .
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Ann P. Jennejohn
7A
.
From:
Sent:
To:
Subject:
Ann P. Jennejohn
Monday, December 05,20052:14 PM
legals@naplesnews.com
CU-2003-AR-4647- Jan's Trams
Attachments:
CU-2003-AR-4647.doc; CU-2003-AR-4647 .doc
Good Morning,
Please advertise the attached on December 25, 2005.
Thank you,
Ann
CU-2003-AR-4647,
doc (30 KB)
CU-2003-AR-4647.
doc (29 KB)
1
Ann P. Jennejohn
7A
.
From:
Sent:
To:
Subject:
ClerkPostmaster
Monday, December 05,20052:14 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT2254612.txt; CU-2003-AR-4647- Jan's Trams
1;::1
t;:..J
r:~"'." "::1
L.:::J
ATT2254612.txt CU-2003-AR-4647-
(229 B) Jan's Trams
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
7A
.
Ann P. Jennejohn
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews,com]
Monday, December 05,20052:14 PM
Ann p, Jennejohn
Delivered: CU-2003-AR-464 7 - Jan's Trams
Attachments:
CU-2003-AR-4647- Jan's Trams
[2]', i'
'. ,.'
..... ~"- .
CU-2003-AR-4647-
Jan's Trams
<<CU-2003-AR-4647- Jan's Trams>> Your message
To: legals@naplesnews.com
Subject: CU-2003-AR-4647- Jan's Trams
Sent: Man, 5 Dec 2005 14:13:51 -0500
was delivered to the following recipient(s):
legals on Man, 5 Dec 2005 14:14:14 -0500
1
CU-2003-AR-4647- Jan's Trams
Ann P. Jennejohn
Page 1 of 1
7A
.
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Monday, December 05, 2005 2:56 PM
To: Ann P. Jennejohn
Subject: RE: CU-2003-AR-4647- Jan's Trams
OK (Running Dec. 25th!!!)
--mOriginal Message-m.
From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us]
Sent: Monday, December 05,20052:14 PM
To: legals@naplesnews.com
Subject: CU-2003-AR-4647- Jan's Trams
Good Morning,
Please advertise the attached on January 10, 2006.
Thank you,
Ann
<<CU-2003-AR-4647.doc>>
12/5/2005
<<CU-2003-AR-4647.doc>>
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
59150759
113138312649110
CU-03-AR-4647NOTICE
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that 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: 12/25 12/25
AD SPACE:
FILED ON:
113 .000 INCH
12/26/05
---------------+------------------------
Sworn to and
Signature of Affiant
Personally known by me
before me this
~
/ a-7Z.~/
I ;-
"7A
.
Cij.Q3.AR-4647
NOTICE OF
PUIUC tlEARING
Notice Is hereby given I
that the Board of CountY
eommlssloners of Col.
lIer County ~In hold a
lIubllc h4Iatlnoon TUII'
~ JanulllY 10. 2006l 'n
the' Boardroom, .,rd
Floor. AdmLnlstratlon
Bulldlno. Collier COunty
Government centealrl,
3301 Eut TiIITIliIITIl Tr .
Naples. FlorIda. Thet
meeting will beoln a
9:00 A.M.
~ Board will COMlder
Petition CU.03-A....7,
Mitchell D, House. reP'
resented by Do~!!!2i
Murray. AICP, of ..-.
Engineering consul.
tants. Inc.. Is. re<luestlnll
a coi\dltlcinal use to ar-
low for. the establish'
ment of an eco.tourlst
facility In the rturet AgrI.
cultural.Area of critical,
State concern/speC(Je.A
Treatment overlday \!":
ACSCIST) zonIng IstrlCt
pursuant to section
2.04.03, Table 2. of the
COllier county .~Oe'
velopment cocti.Thl. e
sublect pro~rtY Is ~;
cated approx .7.
of a mile west of S. 29,
Oft the notth side of u.s.
41 I.nsectlon 25, Town'
sh\t:i52. SOuth. ,__ 29
~eOlller county,
NCTE: . All PersOns wISh,
~""'. ... 0 spe.a. k. o. n.' an, Y
\Wm .. tealS-
vdtI\ the COI.I!ltY ~d.
mlnlatra.tor rrfOr: W...e.
sentatlon 0 the agenda
Item to be addressed.
individual speakers will
be IImlteclto S ~....s
on any. lteIII. Tbe """",c-
tlon of an lntlWltlual to
speak on lI.half of an
organization or group Is
-EcOUraged. Ifhr'1:.oo'
. ed by. tile c all, a
okespersonfor a
If:up.J. .~ or orOllJ\lzatlon
It bi. allotted 10 min'
ItlS'to speak on an
.'
::T;rJilarV' 200tt
/
. 'sev.
en ila.... .. the
ubllc ... ma.
ferial used .ltIJlfielllnta-
tlcml before tJle~ard
will .become a perdma-
nent part of the rec:or .
Any person wtIOdecld-
II. ~. ~~.I a dee Islon
'Of the win need a
record 0 tile proceed.
Ingl pertalnlnfj thereto
and therefore. may
need to ensure that a
verbatim record of the
proceed.',..gs I,f,llade.
W1tlch record InCludes
the testimony alld evl-
denee upon Which the
appeal Is baSIQ.
BOARD OF COUNTY
COMMlSlSONERS
COLLIU COUNTY.
FLORIDA -
FRED COYLE,CHAlRMAN
DWIGHT E. BROCK.
CLERK
By: Ann Jennelohn, Dep.
utY Clerk
Dee. 25 No. 1277257
MEMORANDUM
Date:
January 27,2006
To:
Heidi Williams, Principal Planner
Zoning and Land development
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-10
Enclosed please find one copy of the document referenced above, (Agenda
Item #7 A ), which was adopted by the Board of County Commissioners on
Tuesday, January 10, 2006.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosure
r7A
, ..
.Of
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP),- 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ' A
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 Onlce. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action 011 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
exce hon of the Chairman's si nature, draw a line throu h routin lines # I throu h #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
(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 stafTfor 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
A proved by the BCC
Type of Document
Attached
1.r-'" .11......
,-W~ ~
c:
h
tS - r:k[~ l-Lcn
'"
got
[~
2.
7-' 3 ~ ;;2!-17~ 3
I
Yes
(Initial)
N/A (Not
A licable)
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
fJ/iI'/
/
PRIMARY CONTACT INFORMATION
/puS
Phone Number
~t-J
N/A is not
an option for
line 6.
Agenda Item Number
-to
Number of Original
Documents Attached
I: Forms! County Forms! BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on l () (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6.
7A
RESOLUTION NO. 06-~
A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING
FOR THE ESTABLISHMENT OF AN ECO TOURIST RECREATIONAL
FACILITY CONDITIONAL USE IN THE RURAL AGRICULTURAL (A)
ZONING DISTRICT PURSUANT TO SECTION 2.04.03, TABLE 2, OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 25, TOWNSHIP 52 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
Number 04-41, as amended) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is the granting
of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (BZA), being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of an Eco Tourist Recreational Facility
Conditional Use pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code in
a Rural Agricultural (A) Zoning District on the property hereinafter described, and the Collier County
Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations and in
accordance with Subsection 10.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The petition filed by Coastal Engineering, Inc., representing Mitchell D. House, lessee,
with respect to the property hereinafter described as:
Exhibit "B" attached hereto and incorporated by reference herein
be and the same is hereby approved for an Eco Tourist Recreational Facility Conditional Use
pursuant to Section 2.04.03, Table 2, Collier County Land Development Code in the Rural
Agricultural (A) Zoning District in accordance with the Conceptual Master Plan (Exhibit "C")
and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
Page 1 of2
7A
, .......
This Resolution adopted after motion, second and super-majority vote.
Done this 10th
day of January , 2006.
BY:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~~~,/
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E.. J3RQ~K, CLERK
,.' '..... It... ~.." __
. . 11: ~ .'. ."1 .
'j \,\.~~:..
~ ~:.... .G'- '~:::' lJ2C
~ttest R~Yt:Ril~llll' S
S'l~tU(,~"onl:t.
Approv~d' a~rto form and
legal sufficiency:
.' t J ~
"i)
:larjnr M. ~tudent-Stirling' "tf:. - /Jt:Lif.{t~
Assistant County Attorney
CU-2003-AR-464 7/HW /10
Item# ~
Agenda \ _ \ D-6f.
Date ~
D.~!~ 1-21-0~
Rec'd
Qj,
Page 2 of2
7A
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
-------- ------- --.------.. - - --------- ----- FOR'-- -.---- --..----..
CU-2003-AR-4647
The following facts are found:
1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No ~
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No v"
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
/No affect or _Affectmitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes /' No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: It. (("'0 <"
CHAlRMAN:--.&l
EXHIBIT A
k
7A
LEGAL DESCRIPTION
EXHIBIT "B"
CU-2003-AR-4647
A PARCEL OF LAND LYING IN THAT PART OF SECTION 24 AND SECTION 25,
TOWNSHIP 52 SOUTH, RANGE 29 EAST, COLLIER, COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 25 RUN
SOUTH 89058'19" EAST ALONG THE NORTH LINE OF SAID SECTION 25 FOR A
DISTANCE OF 985 FEET TO THE POINT OF BEGINNING; THENCE LEAVING
SAID LINE NORTH 230 30' EAST A DISTANCE OF 652 FEET; THENCE NORTH
09043' EAST A DISTANCE OF 1,606 FEET; THENCE WESTERLY A DISTANCE
OF 2,065 FEET; THENCE NORTHERLY A DISTANCE OF 610 FEET; THENCE
EASTERLY A DISTANCE OF 2,879 FEET; THENCE SOUTHERLY A DISTANCE
OF 1,828 FEET MORE OR LESS TO AN INTERSECTION WITH THE WEST RIGHT
OF WAY LINE OF THE SEABORD COAST LINE RAILROAD; THENCE ALONG
SAID RIGHT OF WAY LINE SOUTH 20001'46" WEST A DISTANCE OF 3,803
FEET MORE OR LESS TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. 41
(TAMIAMI TRAIL); THENCE ALONG SAID RIGHT OF WAY LINE NORTH 650
WEST A DISTANCE OF1,080 FEET; THENCE LEAVING SAID LINE, RUN
NORTHEASTERLY A DISTANCE OF 2,348 FEET MORE OR LESS TO THE POINT
OF BEGINNING.
LESS AND EXCEPT THOSE LANDS CONVEYED TO COLLIER COUNTY
RECORDED IN OFFICIAL RECORDS BOOK 1671, PAGES 1692 THROUGH
1694 OF THE PUBLIC RECORDS.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 142 ACRES OF
LAND.
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Exhibit "C"
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JAN'S TRAMS
CONCEPTUAL SITE OVERLAY &
CANAL AREA
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CONDITIONS OF APPROVAL
CU-2003-AR-4647
The conditions of approval, as required by Section 4.02.02.B.3.c of the Collier County
Land Development Code, and as recommended by staff, shall be as follows:
1. Permits or letters of exemption from the U.S. Army Corps of Engineers, the
Florida DEP, and the SFWMD shall be presented to the County Manager or
designee prior to site development plan approval.
2. The petitioner shall post the property along the entire property line with no
trespassing signs approximately every 300 yards.
3. The petitioner shall utilize only trails identified and approved on the site
development plan. No new trails shall be established.
4. Motor vehicles shall be equipped with engines which include spark arrestors
and mufflers designed to reduce noise. The petitioner will provide a statement
and/or repair bill from a licensed auto mechanic certifying that the vehicles in
use comply with the defined criteria within 30 days of approval.
5. Vehicular use shall be limited to buses and pontoon boats, equipped with 4-
stroke outboard engines, with no more than 30 seats in operation at one time.
6. Motor vehicles shall be permitted to operate during daylight hours which
means, one hour after sunrise to one hour before sunset.
7. Molestation of wildlife, including feeding, shall be prohibited.
8. Vehicles shall comply with state and U. S. Coast Guard regulations.
9. This Conditional Use and ST Permit shall be consistent with the
environmental sections of the Collier County Growth Management Plan
Conservation and Coastal Management Element and the Collier County Land
Development Code at the time of final SDP approval.
10. An exotic vegetation removal, monitoring and maintenance plan for the site
shall be submitted to Environmental Services staff for review and approval
prior to SDP approval.
11. Upon submittal of the SDP petition, copies will be sent to the USFWS and
FFWCC for their review and comment. They will be allowed 30 days to
submit their letters of technical assistance to staff. Staff will use applicable
stipulations from these agencies, in their review and approval of the Site
Development Plan for this project.
12. Wetland permitting as required by State and Federal agencies shall be
required prior to SDP approval.
13. Any pruning of mangroves on site shall comply with the Florida Department
of Environmental Protection's requirements.
14. The ST permit is subject to a forty-five (45) day appeal period by the Florida
Department of Community Affairs.
15. No new improvements shall be made to the logging trail that will be utilized
by the eco-tours.
16. There shall be no trimming of the oak trees in the hardwood hammock located
at the end of the logging trail.
EXHIBIT "D"
CU-2003-AR-4647
7A
17. The applicant shall relocate any listed species in impacted portions of the
canal area to areas that will not be impacted.
18. Educational information shall be provided during tours.
19. The applicant shall remove all the exotic species from the tour areas.
20. There shall be a record of weekly inspections of the vehicles for oil leakage.
21. Vending machines are restricted from being located where they would be
visible from vehicles traveling along US 41.
22. The applicant shall seek FDOT approval of a right-in deceleration turn lane
from the east and a left-turn lane from the west.
23. The applicant shall provide a minimum of a 19.2-acre conservation easement
dedicated to Collier County, in a location based on the GMP and LDC
preserve ranking criteria, to be reviewed and approved by the Office of the
County Attorney prior to site development plan approval. The easement shall
be recorded within 90 days of site development plan approval, or before the
proposed building is granted a certificate of occupancy, whichever comes
first. The conservation easement shall state that the easement shall remain in
full force and effect until such time as the lease between CMC Heartlands and
Mitchell House, including any extensions or amendments, terminates.
EXHIBIT "D"
CU-2003-AR-4647
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
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To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement
(Display Adv., location, etc.)
Other:
*********************************************************************************************************
Originating DeptJ Div: Comm.Dev.Serv./Planning
Person: Heidi Williams
Date:
Petition No. (If none, give brief description)WUDZ-A-2004-AR-S431, Cambridge Square
Petitioner: (Name & Address): Hole Montes, Inc., Robert L. Duane, AICP, 950 Encore Way, Naples, FL 341 IO
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Naples Gateway Land
Trust c/o David Isley, 1601 Jackson Street, Suite 200, Naples, FL 33901
Hearing before BCC
BZA
Other
Requested Hearing date:
January 10. 2006
Based on advertisement appearing IS days before hearin~l
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-A-2004-AR-543I , Naples Gateway Land Trust,
represented by Robert L. Duane, of Hole Montes, Inc., requesting a rezone from "PUD" and "Estates" (E) to "PUD" Planned Unit
Development known as Cambridge Square PUD by revising the PUD Document and Master Plan to incorporate a three (3) acre parcel,
currently_zoned "E" into the existing Cambridge Square PUD and to allow a maximum of 80,000 square feet of retail or office use on the
3 acre parcel. The property is located in the northeast quadrant of the intersection of Livingston Road and Pine Ridge Road, in Section
7, Township 49 South, Range 26 East, Collier County, Florida, consisting of 15.75::1: acres.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~~
/epartment Head
List Attachments:
Approved by:
12-/f~/OS-
Date'
County Manager
Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
******************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Rec~ived:\ d....~ -oS Date of Public hearing: n[)-ty;
Date Advertise<f~:a . dG.:t)5
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ORDINANCE NO. 06-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAP BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY, FROM PLANNED UNIT
DEVELOPMENT (PUD) AND ESTATES (E) TO
COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) ;KNOWN AS CAMBRIDGE SQUARE PUD BY
REVISING THE PUD DOCUMENT AND MASTER
PLAN TO INCORPORATE A 3.31:1: ACRE PARCEL,
CURRENTL Y ZONED "E" INTO THE EXISTING
CAMBRIDGE SQUARE PUD AND TO ALLOW A
MAXIMUM OF 80,000 SQUARE FEET OF RETAIL OR
OFFICE USE ON THE 3.31:1: ACRE PARCEL FOR
PROPERTY LOCATED IN THE NORTHEAST
QUADRANT OF THE INTERSECTION OF
LIVINGSTON ROAD AND PINE RIDGE ROAD (CR
896), IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 15.75:1: ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 98-89, THE
FORMER CAMBRIDGE SQUARE PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, C & R Realty of Richmond, Inc., represented by Robert L. Duane, AICP, of
Hole Montes, Inc., petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property:
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
SECTION ONE:
The zoning classification of the herein described real property located in Section 7,
Township 49 South, Range 26 East, Collier County, Florida, is changed from Planned Unit
Development (PUD) and Estates (E) to Commercial Planned Unit Development (CPUD) known
as Cambridge Square CPUD by revising the PUD Document and Master Plan to incorporate a
three (3) acre parcel, currently zoned Estates (E) into the existing Cambridge Square PUD and to
allow a maximum of 80,000 square feet of retail or office use on the 3.31:1: acre parcel in
accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated
herein and by reference made part hereof. The Official Zoning Atlas Map, as described in
Page 1 of2
BA
.
Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby
amended accordingly.
SECTION TWO:
Ordinance Number 98-89, known as the Cambridge Square PUD, adopted on November
10, 1998, by the Board of County Commissioners of Collier County, Florida, is hereby repealed
in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
, CHAIRMAN
Approved as to Form and
Legal Sufficiency
- ~ Marjorie M. Student-Stirling
,if\' \ , . Assistant County Attorney
PUDZ-A-2004-AR-5431/HW/sp
Page 2 of2
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CAMBRIDGE SQUARE
A COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD)
Prepared for:
Naples Gateway Land Trust
Prepared by:
ROBERT L. DUANE. A.I.C.P. R. BRUCE ANDERSON. ESQ.
HOLE MONTES. INC. ROETZEL & ANDRESS. L.P.A.
950 ENCORE WAY AND 850 PARK SHORE DRIVE
NAPLES. FLORIDA 34110 TRIANON CENTER-3RD FL.
NAPLES. FLORIDA 34103
8M PROJECT 1997097
REVISED ON DECEMBER 6, 2005
DATE ApPROVED By BCC: NOVEMBER 10, 1998- ORDINANCE No. 1998-89
EXHIBIT A
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TABLE OF CONTENTS
Page
SECTION I - Statement of Compliance 1
SECTION II - Property Ownership, Legal Description and Short Title 2
SECTION III - Statement ofIntent and Project Description 3
SECTION IV - General Development Regulations 4
SECTION V - Description of Project & Proposed Land Uses 11
SECTION VI - General Permitted Uses 13
SECTION VII - Permitted Uses & Development Standards Tract A 14
SECTION VIII - Permitted Uses & Development Standards Tract B 17
SECTION IX - Preserve Area Requirements 22
SECTION X - Development Commitments 23
10.1 - Transportation Requirements
10.2 - Utility-Requirements
25
10.3 - Engineering Requirements
25
10.4 - Water Management Requirements
27
10.5 - Environmental Requirements
29
EXHIBITS
A.
Master Plan
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SECTION I
STATEMENT OF COMPLIANCE
The development of 16.1 acres of property in Section 7, Township 49 South, Range 26
East, as a Planned Unit Development to be known as the CAMBRIDGE SQUARE
CPUD will be in compliance with the planning goals and objectives of the Collier
County Growth Management Plan for the following reasons:
1.1 The subject property is located in the Golden Gate Master Plan Area and is
consistent with the requirements of the Pine Ridge Road Mixed Use Sub-
District which permit limited office uses up to 35,000 S.F. on tract A and up to
80,000 S.F. of retail or office gross leasable area on tract B and is consistent
with Ordinance 2005-25 for the proposed area and development standards
contained in this CPUD.
1.2 Improvements are planned to be in compliance with applicable land
development regulations as set forth in Objective 3 of the Future Land Use
Element.
1.3 The project will be served by a full range of services, including sewer and
water by the County resulting in an efficient and economical expansion of
facilities as required by Objective 3 of Future Land Use Element.
1.4 The project contains a mix of both retail and office, uses combined with
architectural controls and extensive screening and buffering that are designed
to make the project compatible with and complementary to both nearby
planned commercial and residential land uses.
1.5 All final local Development Orders for this project are subject to the Collier
County Concurrency Management System as implemented by the Adequate
Public Facilities Ordinance,
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SECTION II
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PROPERTY OWNERSHIP, LEGAL DESCRIPTION, AND SHORT TITLE
2.1 PROPERTY OWNERSHIP
The property is owned by Pine Ridge Livingston Development, LLC, the
"Lessee" and C&R Realty of Richmond, Inc., the "Lessor" at the time of
rezomng.
2.2 LEGAL DESCRIPTION
Tracts I, 12, 13, & 28 of Golden Gate Estates Unit 35 as recorded in P.B. 7,
Page 85,
2.3 SHORT TITLE
This ordinance shall be known and cited as the "CAMBRIDGE SQUARE
COMMERCIAL PLANNED UNIT DEVELOPMENT".
2.4 PHYSICAL DESCRIPTION
The project site lies entirely within the 1-75 Canal Basin, The site drains to
roadside swales on Pine Ridge Road to the south and Livingston Woods Road
(8th Avenue S.W,) to the north.
Water management for the project will include a retention/detention system to
provide water quality and attenuate the peak discharge rate.
Existing site elevations range 10.0 to 11.0.
The site is entirely within Flood X, according to FIRM MAP 120067 0425D.
Flood Zone X designates areas of 500 year flood and areas of 100 year flood
with average depths less than I foot.
Soil types found on this site include Holopan fine sand (approximately 25%),
Malaber fine sand (approximately 65%), and Oldsmar fine sand (approximately
10%). Soil characteristics derived from the soil survey of Collier County,
Florida, issued by the u.S. Department of Agriculture (Natural Resources
Conservation Service) issued in 1998.
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SECTION III
SA
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STATEMENT OF INTENT AND PROJECT DESCRIPTION
3.1 INTRODUCTION
The developer's intent is to establish a Planned Unit Development meeting or
exceeding the applicable standards of the Collier County Land Development
Code. It is the purpose of this document to set forth guidelines for future
development of the project that meet accepted planning principles and
practices, and to implement the Collier County Growth Management Plan.
3.2 PROJECT DESCRIPTION
The project is comprised of 16.1 acres, more or less, and is located on the north
side of Pine Ridge Road, at the northeast comer of the intersection of Pine
Ridge and Livingston Roads north. Cambridge Square may support a number
of tracts for development, which are expected to develop with a mixture of
office and retail uses. Access to the subject parcel will be from Pine Ridge
Road and Livingston Road. A loop road is depicted on the CPUD Master Plan
to facilitate access through the subject property between Pine Ridge and
Livingston Roads.
3.3.1 LAND USE PLAN
The project permits a range of office and retail uses to meet the needs of the
developing area. The CPUD Master Plan depicts a wetland preserve area,
internal circulation, open spaces, landscape buffer areas, and a loop road from
Pine Ridge Road to Livingston to reduce traffic at the intersection. The CPUD
Master Plan is designed to be flexible inasmuch as the size and configuration
of tracts will not be finally determined until site plan approval is requested.
3.4 PROJECT PHASING
The applicant has set a preliminary development schedule for the subject
property for completion of improvements by January 2008. This projection of
the project's development can be no more than an estimate based on current
market knowledge.
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SECTION IV
GENERAL DEVELOPMENT REGULA nONS
The purpose of this section is to set forth the development regulations that may be
applied generally to the development of the Cambridge Square Planned Unit
Development and Master Plan.
4.1 GENERAL
The following are general provisions applicable to the CPUD Master Plan:
A, Regulations for development of Cambridge Square CPUD shall be in
accordance with the contents of this document, the CPUD-Planned Unit
Development District, and other applicable sections and parts of the
Collier County Land Development Code (LDC), and the Growth
Management Plan, in effect at the time of issuance of any development
order, to which said regulations relate which authorizes the construction
of improvements. Should these regulations fail to provide specific
developmental standards, then the provisions of the most similar zoning
district in the LDC shall apply. The developer, his successor or
assignee shall follow the CPUD Master Plan and the regulations of this
CPUD, as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor in
title or assignee is subject to the commitments within this agreement.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the LDC in effect at the time of building
permit application.
C. All conditions imposed and all graphic material presented depicting
restrictions for the development of Cambridge Square shall become part
of the regulations, which govern the manner in which this site may be
developed.
D. Development permitted by the approval of this petition will be subject
to a concurrency review under the provisions of Section 6.02.01
Adequate Public Facilities of the LDC at the earliest or next to occur of
either final SDP approval, final plat approval, or building permit
issuance applicable to this development.
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SA
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E. Unless specifically waived through any variance or waiver, provisions
from any other applicable regulations, the provisions of those
regulations not otherwise provided for in this CPUD, remain in full
force and effect.
4.2 SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shall be performed in
accordance with the Collier County LDC, and the standards and commitments
of this document in effect at the time of construction plan approval.
4.3 EASEMENTS FOR UTILITIES
Easements, where required, shall be provided for water management areas,
utilities and other purposes as may be required by Collier County.
All necessary easements, dedications or other instruments shall be granted to
ensure the continued operation and maintenance of all services and utilities.
This will be in compliance with applicable regulations in effect at the time
construction plans and plat approvals are requested.
4.4 CPUD MASTER PLAN
A. Exhibit "A", The CPUD Master Plan, illustrates the proposed
development and is conceptual in nature. Proposed tract or special land
use boundaries shall not be construed to be final and may be varied at
any subsequent approval phase such as at final platting or site
development plan application.
B. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
4.5 PROJECT PLAN APPROVAL REQUIREMENTS
The Site Development Plan for individual tracts shall be submitted and
reviewed, in accordance with all provisions of Section 10,02.03 of the LDC
Submittal Requirements for Site Development Plans of Collier County, unless
otherwise provided for within this CPUD and prior to the issuance of a
building permit or other required development orders.
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4.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water
management facilities or to otherwise develop water bodies is hereby
permitted. If, after consideration of fill activities on those buildable portions of
the project site are such that there is a surplus of earthen material, then its off-
site disposal is also hereby permitted subject to the following conditions:
A. Excavation activities shall comply with the definition of a
"Development Excavation" as provided for in the (Code of Laws &
Ordinances ss 22-106 - 22-119, revised in Supplement 16, Ordinance
03-27 and Supplement 18, Ordinance 04-08), whereby off-site removal
shall not exceed ten (10) percent of the total volume excavated up to a
maximum of 20,000 cubic yards.
B. A timetable to facilitate said removal shall be submitted to the Planning
Services Director for approval. Said timetable shall include the length
of time it will take to complete said removal, hours of operation and
haul routes.
C. All provisions of Section 3.05 of the Land Development Code
pertaining to vegetation removal, protection, and Preservation are
applicable.
4.7 SUNSET AND MONITORING PROVISIONS
The Cambridge Square CPUD shall be subject to Section 10.02.13 D of the
LDC, Time Limits for Approved CPUD Master Plans, and Section 10.02.1 OF
of the LDC pertaining to Monitoring Requirements.
4.8 POLLING PLACES
Any community recreation/public building/public room located within the
Cambridge Square CPUD may be used for a polling place, if determined
necessary by the Supervisor of Elections, in accordance with Section 2.01.04 of
the LDC pertaining to polling places
4.9 NATIVE VEGETATION RETENTION REQUIREMENTS
The project shall preserve native habitat, in accordance with the provisions of
Section, 3.05.07 of the LDC pertaining to Vegetation Removal, Protection, and
Preservation.
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4.10 COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities,
open spaces, water management facilities shall be the responsibility of the
Developer, their successors or assigns.
4.11 ARCHITECTURAL AND SITE DESIGN STANDARDS
All commercial buildings will be designed in accordance with Section 5.05.08
of the LDC pertaining to Architectural and Site Design Standards and as further
specified in Sections VII and VIII of this CPUD.
4.12 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities,
whose ownership and maintenance responsibility is a common interest to all of
the subsequent purchasers of property within said development, in which the
common interest is located, that developer entity shall provide appropriate legal
instruments for the establishment of a Property Owners' Association or another
appropriate entity, whose function shall include provisions for the perpetual
care and maintenance of all common facilities and open space subject further to
the provisions of the Collier County Land Development Code, Section 2.03.06
of the LDC.
4.13 OPEN SPACE REQUIREMENTS
A combination of the lakes, wetland and upland preserves, landscape buffers
and open space shall meet the 30% open space requirement for the
development as set forth in Section 4.02.01.8. Open space shall include all
pervious green space within development parcels and lots and shall also
include all land that may be dedicated for public purposes.
4.14 SIGNAGE
Monumental entry signage may be developed at each of the project entrances in
addition to the provisions of 5.06.04 of the LDC. Project and directory signage
shall be limited to ground signs and signage shall be architecturally compatible
with the CPUD architectural design theme.
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4.15 SITE LIGHTING
Lighting facilities shall be arranged in a manner which will protect roadways
and neighborhood residential properties from direct glare or other interference.
The maximum height of parking lot light fixtures shall be 16 feet.
4.16 ARCHAEOLOGICAL RESOURCES
If, during the course of site clearing, excavation, or other construction
activities, an archaeological or historical site, artifact, or other indicator is
discovered other than that already identified, all development at that location
shall be immediately stopped. Development will be suspended for a sufficient
length of time to enable the Collier County Historic and Archeological
Preservation Board, or a designated consultant, to assess the find and determine
the proper course of action in regard to its salvageability. The Current
Planning Environmental Review Staff will respond to any such notification in a
timely and efficient manner so as to provide only a minimal interruption to any
construction activity.
4.17 LANDSCAPING AND BUFFERING
The development of the CPUD Master Plan shall be subject to Sect. 4.06.00 of
the LDC pertaining to Landscaping, Buffering and Vegetation Retention.
A. Pine Ridge and Livingston Roads Landscape Buffer~
1, Width:
A minimum of 15 feet.
2. Shade Trees:
25 foot on center, minimum; 14 feet in height at installation.
3. Palm or Pine Trees:
In addition to the required shade trees, 1 per 15 feet; may be
clustered with 30 foot maximum distance between trees or
cluster of trees; trees to have an average height of 18 feet and a
minimum of 8 feet.
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4. Hedge:
A hedge of at least 24 inches in height at the time of planting
and attaining a minimum of three feet in height within one year
where vehicular areas are adjacent to road right-of-way,
pursuant to Section 4.06.05 General Landscaping Requirements
of the LDC. The required hedge shall be designed to be
curvilinear.
B. East Landscaped Buffer
None, The site's existing wetland preserve shall provide the
project's required buffer.
C. North (Rear) Setback/Buffer Area
1. Setback:
75 feet setback; A minimum of 30 feet without water
management.
2. Buffer Design Criteria:
A twenty (20) foot wide Type "D" Buffer shall be provided
along Livingston Woods Lane with more stringent screening
than required in Section 4.06.02 of the Collier County Land
Development Code. Trees shall be spaced a minimum of
fifteen (15) feet on-center and a single row of shrubs shall be
spaced a minimum of three (3) feet on-center, with both trees
and shrubs located on the northern side of an eight (8) foot tall
architecturally finished masonry wall. Such trees and shrubs
shall meet the requirements of Section 4.06.05 of the Collier
County Land Development Code. Such wall shall have a
common architectural theme with the other buildings and
signage within the CPUD, as described in this CPUD
Document, and shall be installed and maintained with the
finished side out towards Livingston Woods Lane.
Construction of the wall shall occur concurrently with building
construction on each parcel and shall be carried out in a
diligent manner such that the architecturally finished side of the
wall shall be completed prior to the completion of building
construction. This buffer shall be installed as a required
improvement for the first Site Development Plan within Tract
B of the subject CPUD. Additionally, along the southern side
of the wall, there shall be planted at least forty-five (45) Red
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Maple trees, or similar species, that are at least eight (8) feet
tall.
E. Internal Buffer Between Uses
1. Width: As provided for in 4.06.05 of the LDC
pertaining to General Landscaping
Requirements.
2. Shade Trees: 20 foot on center, minimum 12 foot in height at
installation.
3. Palm or Pine Trees:
In addition to the required shade trees, 1 per 10
feet; may be clustered with 30 feet maximum
distance between trees or cluster of trees; trees
to have an average height of 18 feet and a
minimum of 8 feet.
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SECTION V
DESCRIPTION OF PROJECT AND PROPOSED LAND USES
5.1 PURPOSE
The purpose of this section is to set forth the General Permitted Uses and
development standards for Tracts "A" and "B".
5.2 DEVELOPMENT INTENSITY
The maximum development intensity permitted on Tract "A" is thirty-five
thousand (35,000) S.F. of gross leasable office space within the Eastern parcel,
not to exceed five (5) acres. Transitional uses on Tract "A" are permitted to be
developed up to a floor area ratio of .45. On Tract "B", the maximum
development intensity is eighty thousand (80,000) S.F. of gross leasable retail
or office area.
5.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan, including and use of land for the acreage noted, is
illustrated graphically by Exhibit "A", CPUD Master Plan.
TABLE I:
CAMBRIDGE SQUARE SUMMARY OF DEVELOPMENT INTENSITY
TYPE ACREAGE S.F.
TRACT A Office Use :l: 3 .4 35,000 S.F.
TRACT B Retail/Office :l:10.2 80,000 S.F.
TRACTC Preserve* :l: 2.41
* The Preserve area includes 2.2 acres, more or less, of the 2.41 acres more or
less contained in Tract C.
Table I is a schedule of the intended land uses, with approximate acreage of the
total project indicated. The arrangement of these land areas is shown on the
Master Plan (Exhibit "A"). The Master Development Plan is an illustrative
preliminary development plan. Design criteria and layout that is illustrated on
the Master Development Plan and other exhibits supporting this project shall
be understood to be flexible so that final design may satisfy development
objectives and be consistent with the Project Development, as set forth in this
document.
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SECTION VI
GENERAL PERMITTED USES
6.1 PURPOSE
The purpose of this section is to set forth the general permitted uses for both
Tracts A and B depicted on the CPUD Master Plan.
Certain uses shall be considered general permitted uses throughout the
Cambridge Square CPUD. General permitted uses are those uses which
generally serve the Developer and end-users of Cambridge Square CPUD and
typically are part of the common infrastructure of the proposed development.
6.2 GENERAL PERMITTED USES
1. Essential services as set forth under Collier County Land Development
Code, Section 2.01.03 and 2.04.03 of the LDC.
2. Water Mgt. and facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses.
6. Preserve areas or landscape features including but not limited to
landscape buffers, berms, and fences.
7. Fill storage subject to the standards set forth in the Collier County Land
Development Code.
8. Landscape buffers, berms, fences and walls.
9. Any other permitted uses which are comparable in nature with the
foregoing list of permitted uses and consistent with purpose and intent
statement of the district, as determined by the Board of Zoning Appeals.
,
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SECTION VII
PERMITTED USES & DEVELOPMENT STANDARDS
TRACT A
7.1 PURPOSE
The purpose of this section is to set forth the regulations for the area designated
on Exhibit "A", CPUD Master Plan, as "Commercial-Tract A". A maximum
of 35,000 square feet of leasable commercial area shall be developed within
Tract A.
7.2 No building or structure, or part thereof, shall be erected, altered, or used, or
land or water used, in whole or in part, for other than the following:
A, Permitted Principal Uses and Structures
1. Group Care Facilities (category I & II); care units, subject
to the provisions of Collier County LDC Section 2.03.01
of the LDC; nursing homes; assisted living facilities
pursuant to 400.402 F.S. and Ch. 58A-5 F.A.C.; and
continuing care retirement communities pursuant to 651
F.S. and Ch. 4.183 F.A.C.; all subject to Section 5.05,04
of the LDC.
2. Accounting, auditing, and bookkeeping services (8721).
3. Business services (groups 7311, 7313, 7322-7331, 7338,
7361,7371,7372,7374-7376,7379).
4. Childcare centers and adult day care centers (8351).
5. Churches and other places of worship (8661).
6. Depository institutions without drive-through (groups
6011-6099).
7. Engineering, architectural, and surveying services (groups
8711-8713).
8. Health services (groups 8011-8049).
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9. Insurance carriers, agents and brokers (groups 6311-6399,
6411).
10. Legal services (8111).
1 L Management and public relations services (groups 8741-
8743,8748)
12. Medical Office (groups 8011 - 8049)
13. Miscellaneous personal services (7291).
14, Non-depository credit institutions (groups 6141 - 6163).
15. Real estate (groups 6531-6541)
16. Schools, public and private (8211).
17. Any other use, which is comparable in nature with the
foregoing uses and consistent with the purpose and intent
of the district as determined by the Board of Zoning
Appeals.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with
the above permitted principal uses and structures,
including vehicular garages or covered parking.
2. Essential services and facilities.
3. Any other permitted uses which are comparable in nature
with the foregoing list of permitted uses and consistent
with purpose and intent statement of the district, as
determined by the Board of Zoning Appeals.
7.3 DEVELOPMENT STANDARDS FOR TRACT A
A. Site Area: Twenty thousand (20,000) square feet
B. Site Width: One hundred (100) feet
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C. Setbacks from CPUD Boundaries:
I, Front Yard:
Single Story Structure: Twenty-five (25) Feet from the
north property line and 25 feet from all other boundaries
Two Story Structure: Thirty-five (35) Feet
Three Story Structure: Forty-five (45) Feet
2.
Side Yard:
Twenty-five (25) Feet
3.
Rear Yard:
Seventy-five (75) Feet
D.
Maximum Height of Structures:
Thirty-Five (35) Feet.
E.
Maximum Number of Stories:
Three (3) habitable floors.
F. Distance Between Principal Structures: None, or a minimum of ten
(10) feet with unobstructed passage from front to rear.
G. Minimum Floor Area of Principal Structures: One thousand (1,000)
square feet per building on the ground floor.
H. Architectural Common Theme: Structures within this Tract shall have
a common architectural theme, inclusive of common or compatible use
of materials and colors. Structures must include the following common
elements.
I. Primary Exterior Walls: Stucco.
2, Porches or exterior covered areas: Stucco or Wood Frame.
3. Primary Roofs and Covered Parking: Clay or Cement, Tile;
5/12 roof pitch or greater.
4. Parking and site lighting: Anodized Bronze Fixtures.
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SECTION VIII
PERMITTED USES & DEVELOPMENT STANDARDS
TRACT B
8.1 PURPOSE
The purpose of this section is to set forth the regulations for the area designated
on Exhibit "A", CPUD Master Plan, as "Tract B",
8.2 No building or structure, or part thereof, shall be erected, altered, or used, or
land or water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures:
I, All permitted principal uses and structures allowed on Tract "A"
other than group care facilities, childcare centers, day care
centers, churches, and other places of worship, public, and
private Schools.
2. Apparel and accessory stores (groups 5611-5699).
3 Barber shops, except barber schools (group 7241).
4. Beauty shops, except beauty schools (group 7231).
3. Business services (groups 7311, 7313, 7322, 7331, 7334, 7338,
7371, 7372, 7374-7376, 7379, 7384).
4. Depository institutions (groups 6011-6099 including drive-
through windows).
5. Drinking places (group 5813 excluding bottle clubs). Note: All
establishments engaged in the retail sale of alcoholic beverages
for on-premise consumption are subject to the location
requirements of Section 5.05.01 of the LDC.
6. Eating places (group 5812, except contract feeding, dinner
theaters, institutional food service, and industrial feeding).
Note: All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to the
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location requirements ofSection-5.05.0l of the LDC.
7. Food stores (groups 5411-5499),
8. Gasoline service stations (group 5541, subject to Sections
5.05.05 and 9.04.07 of the LDC.
9. General merchandise stores (groups 5331-5399).
10. Hardware stores (group 5251) limited to a maximum size of
15,000 S.F. of gross leasable area.
11. Health services (group 8082).
12. Home furniture, furnishing, and equipment (groups 5712-5736).
13. Miscellaneous personal services (groups 7215, 7216 non-
industrial dry cleaning only, 7291, 7299 baby sitting bureaus,
clothing rental, costume rental, dating service, depilatory salons,
diet workshops, dress suit rental, electrolysis, genealogical
investigation service and hair removal only).
14. Miscellaneous repair services (groups 7629, 7631, 7699 except
blacksmith shops, boiler cleaning, boiler repair or manufacture,
cesspool cleaning, cleaning bricks, farm machinery repair,
furriers or blacksmith shops, furnace or chimney cleaning
service, harness repair shops, horseshoeing, industrial truck
repair, lawnmower repair shops, machinery cleaning, mattress
renovating and repair shops, septic tank cleaning service, sewer
cleaning and rodding, ship boiler and tank cleaning and repair
contractors, ship scaling contractors, tank and boiler cleaning
service, tank truck cleaning service, tent repair shops and tractor
repair).
15. Miscellaneous retail (groups 5912-5949, 5992-5999, except
auction rooms, awning shops, gravestones, fireworks, hot tubs,
monuments, swimming pools, tombstones, and whirlpool
baths).
16. Offices for engineering, architectural, and surveymg servIces
(group 0781).
17. Paint, glass, and wallpaper stores (group 5231).
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18. Photographic studios (group 7221).
19. Physical fitness facilities (group 7991).
20. Real Estate (groups 6541-6552).
21. Shoe repair shops and shoeshine parlors (group 7251).
22. Security and commodity brokers, dealer, exchanges, and
services (groups 6211-6289).
23. Transportation services, travel agencies only (group 4724).
24. United States Postal Service except major distribution center
(group 4311).
25. Videotape rental (group 7841).
26. Veterinary Services (group 0742 with no outside boarding).
27. Any other permitted uses, which are comparable in nature with
the foregoing list of permitted uses and consistent with purpose
and intent statement of the district, as determined by the Board
of Zoning Appeals,
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the
above permitted principal uses and structures,
2. Essential services and facilities such as sewer and water lines,
sewage lift stations, telephone lines, and electrical transmission
lines.
3. Customary accessory uses and structures, including vehicular
garages or covered parking.
4. Any other permitted uses which are comparable in nature with
the foregoing list of permitted uses and consistent with purpose
and intent statement of the district, as determined by the Board
of Zoning Appeals.
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8.3 DEVELOPMENT STANDARDS FOR TRACT B
A. Minimum Site Area: 20,000 S.F.
B. Minimum Site Width: 150 feet
C. Setbacks: 75 Feet from the north property line and 25 Feet from all
other boundaries
D. Setbacks Internal to the CPUD: 15 Feet; none if under unified control.
E. Maximum Height of Structures: Thirty-five (35) Feet.
F. Maximum Number of Stories: Three (3) habitable floors.
G. Distance Between Principal Structures: None, or a minimum of ten
(10) feet with unobstructed passage from front to rear.
H. Minimum Floor Area of Principal Structures: One thousand (1,000)
square feet per building on the ground floor.
1. Architectural Common Theme: Structures within this Tract shall have
a common architectural theme, inclusive of common or compatible use
of materials and colors. Structures must include the following common
elements.
1. Primary Exterior Walls: Stucco
J. Size limitations on uses: There are no limitations on the square footage
of uses in this CPUD other than the requirements set forth in Section
5.2 of this Ordinance and that the maximum size of any single retail use
or tenant shall not exceed twenty-five thousand square feet (25,000
S.F.) of gross leasable floor area, except that hardware stores (group
5251) may not exceed fifteen-thousand square feet (15,000 S.F.) of
gross leasable floor area.
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SECTION IX
PRESERVE AREA REQUIREMENTS
9.1 PURPOSE
The purpose of this section is to identify permitted uses for the Preserve Areas
as shown on the CPUD Master Plan.
9.2 PERMITTED USES
The Master Plan provides for +/- 2.2 acres more or less of wetland preserve
areas on Tract C, which comprises 2.41 acres. The Pine Ridge Road Mixed
Use District of the Future Land Use Element requires the preservation of the
area proposed to be preserved in this CPUD. No building, structure or part
thereof shall be erected, altered or used or land used in whole or in part for
other than the following:
A. Permitted Principal Uses and Structures in accordance with the
preservation standards of Section 3.05.07 of the LDC.
1. Passive recreation areas
2. Biking, hiking and nature trails
3. Water Mgt. and water mgt. structures
4. Native preserves and wildlife sanctuaries
5. Supplemental landscape planting, screening and buffering
within the Preserve Area, subject to SDP approval.
B. Any other use, which is comparable in nature with the foregoing uses,
consistent with the permitted uses and purpose and intent statement of
this CPUD, as determined by the Board of Appeals.
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SECTION X
DEVELOPMENT COMMITMENTS
10.1 TRANSPORTATION REQUIREMENTS
The purpose of this section is to set forth the transportation commitments of
the project development.
A. Pedestrian access shall be provided between all parcels and uses in the
development, at the time of Final Site Development Plan approval for
each individual tract.
B. Within the western :!: I 0.2 acres of the subject property a loop road will
be provided and constructed through the property to provide access
from Pine Ridge Road to Livingston Road in order to reduce traffic at
the intersection. The loop road will be dedicated as a public easement
at the time of platting or SDP approval as the case may be.
C. All traffic control devises, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation
(FDOT) Manual of Uniform Minimum Standards (MUMS), current
edition, FDOT Design Standards, current edition, and the Manual on
Uniform Traffic Control Devices (MUTCD), current edition. All other
improvements shall be consistent with and as required by the Collier
County Land Development Code.
D. Arterial level street lighting shall be provided at all access points.
Access lighting must be in place prior to the issuance of the first
Certificate of Occupancy (CO).
E. Site-related improvements necessary for safe ingress and egress to this
project, as determined by Collier County, shall not be eligible for
impact fee credits. All required improvements shall be in place and
available to the public prior to the issuance of the first Certificate of
Occupancy.
F. Road impact fees shall be paid in accordance with Collier County
Ordinance 01-13, as amended and Section 6.02.01 of the LDC as it may
be amended.
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G. All work within Collier County rights-of-way or public easements shall
require a Right-of-way Permit.
H. Except as to the deviation which is hereby approved in this CPUD, to
reduce the minimum connection spacing from Livingston Road from
1320 feet to 450 feet as shown on the CPUD Master Plan, all proposed
median opening locations shall be in accordance with the Collier
County Access management Policy (Resolution 01-247), as it may be
amended, and the LDC, as it may be amended. Collier County reserves
the right to modify or close a median opening existing at the time of
approval of this CPUD, which is found to be adverse to the health,
safety, and welfare of the public. Any such modifications shall be
based on, but are not limited to, safety, operational circulation, and
roadway capacity.
1. Nothing in any development order shall vest a right of access in excess
of a right in/right out condition at any access point. Neither will the
existence of a point of ingress, a point of egress or a median opening,
nor the lack thereof, shall be the basis for any future cause of action for
damages against the County by the developer, its successor in title, or
assIgnee.
J. All internal roads (including the public easement for the loop road),
driveways, alleys, pathways, sidewalks, and interconnections to
adjacent developments shall be operated and maintained by an entity
created by the developer and Collier County shall have no responsibility
for maintenance of any such facilities.
K. If any required turn land improvement requires the use of existing
County right-of-way or easement, compensating right-of-way, shall be
provided without cost to Collier County as a consequence of such
improvement.
L. If a traffic signal, or other traffic control device, sign or payment
marking improvement within a public right-of-way or easement is
determined to be necessary by Collier County, the cost of such
improvement shall be borne by the developer and shall be paid to
Collier County before the issuance of the first co.
M. The two (2) out-parcels depicted on the Master Plan for building areas
"B" and "C" , including building area "D", "A", and "E", can be issued
certificates of occupancy while improvements are being undertaken to
Livingston Road as access will be available from Pine Ridge Road.
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N. No certificates of occupancy shall be issued for any permitted uses in
this CPUD for tract "B" until December of2006.
10.2 UTILITY REQUIREMENTS
The purpose of this section is to set forth the utilities and engmeermg
commitments of the Project Developer.
A. Potable water will be supplied by the County Water service system
through an existing 12 inch main running east and west on the north
side of Pine Ridge Road. All construction plans and technical
specifications for the proposed project shall be reviewed and approved
by the Planning Department, Engineering Review Services prior to
commencement of construction. On-site water mains shall be installed
by the Developer at no cost to the County and shall be master metered.
All on-site water mains shall be owned and maintained by the
Developer, his assigns or heirs.
B. Connection to the County sewer system shall be to the County force
main located on the south side of Pine Ridge Road, at no cost to the
County. Sewage shall be pumped by an on-site station to the County
system. All construction plans and technical specifications shall be
approved by the Planning Department, Engineering Review Service,
prior to construction.
10.3 ENGINEERING REQUIREMENTS
A. Detailed paving, grading, site drainage, and utility plans shall be
submitted to the Planning Services Director for review. No
construction permits shall be issued unless and until approval of the
proposed construction, in accordance with the submitted plans, is
granted by the Planning Services Director.
B. Design and construction of all improvements shall be subject to
compliance with all applicable provisions of the Collier County Land
Development Code, including those set forth in Article Three (III).
C. The Developer, and all successors in interest to the Developer shall be
required to satisfy the requirements of all County development
ordinances or codes in effect prior to or concurrent with any subsequent
development order relating to this site, including Site Development
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Plans and any other application that will result in the issuance of a final
or local development order.
1 0.4 WATER MANAGEMENT REQUIREMENTS
The purpose of this section is to set forth the water management commitments
of the Project Developer.
A. Detailed paving, grading, and site drainage plans shall be submitted to
the Development Services Director for review. No construction permits
shall be issued unless and until approval of the proposed construction,
in accordance with the submitted plans is granted by Planning Services
Director.
B. Design and construction of all improvements shall be subject to
compliance with the appropriate provisions of the Collier County Land
Development Code.
C. Landscaping, within the water management areas, is permitted, except
as prohibited by the Collier County Land Development Code.
D. An excavation permit shall be required where applicable in accordance
with Section 3.05.10 of the LDC and South Florida Water Management
District Rules.
E. The subject property is currently under common ownership with the
adjacent property to the east. Under this circumstance, a water
management system may be shared with property to the east and the
cypress area within this system as generally depicted on the CPUD
Master Plan, shall be preserved and enhanced. If the ownership
changes on the property to the east, water management facilities may be
shared with the necessary easements in place,
F. Water management requirements of the CPUD's individual
developments shall be linked through the proposed drainage easement,
as shown on Exhibit "A" CPUD Master Plan, which outfalls to the
site's eastern wetland preserve area.
G. A copy of the SFWMD permit is required prior to development plan
approval.
H. For perimeter berm heights in excess of two feet, side slopes shall be at
a maximum of 4: 1.
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I. Existing or proposed easements for Collier County storm water
facilities shall be maintained free of landscaping berms, or any other
kind of obstacle that could impede adequate access to maintenance
crews and equipment.
I 0.5 ENVIRONMENTAL REQUIREMENTS
The purpose of this section is to set forth the environmental requirements of the
Project Developer.
A. The project shall meet all pertinent environmental related requirements
of the Collier County Growth Management Plan, including the Coastal
Zone and Conservation Management Element and LDC in effect at the
time that requests are made for Site Development Plan approval.
B. A wetland preserve area comprising :i: 2.2 acres more or less is depicted
on the CPUD Master Plan. This Preserve area satisfies the
requirements of Section 3.05 of the LDC pertaining to vegetation
removal, protection, and preservation. The project's plan for
development is to preserve this wetland area in its entirety and to
enhance it with shared water management between the subject property
and the Naples Gateway CPUD.
C. Environmental permitting shall be in accordance with the state of
Florida Environmental Resource Permit Rules and be subject to review
and approval by Environmental Review Staff. Removal of exotic
vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands.
D. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on
the plat or site plan, whichever is applicable, with protective covenants
per or similar to Section 704.06 of the Florida Statutes.
In the event, the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County, with no
responsibility for maintenance and subject to the uses and limitations
similar to or as per Florida Statutes Section 704.06.
E. All Category I invasive exotic plants, as defined by the Florida Exotic
Pest Plant Council, shall be removed from within preserve areas and
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subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the property owner. This information shall be
provided to Environmental Review Staff for review at the time
development orders are requested.
F. Proof of ownership for the shared water management for the adjoining
property to the east shall be provided to Environmental Review Staff
prior to Final Site Plan Approval. If the ownership changes for lands to
the east of the subject property, water management facilities may be
shared with the required easements.
G. The Developer shall retain the existing wetland preserve consisting of
:l:: 2.2 acres more or less, per the requirement of this CPUD.
H. Buffers shall be provided around wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of the wetlands
to remain on site. Where natural buffers are not possible, structural
buffers shall be provided in accordance with the State of Florida
Environmental Resource Permit Rules.
I. This CPUD shall be consistent with the Environmental section of the
GMP Conservation and Coastal Management Element and the LDC at
the time of final development order approval.
J. This CPUD shall comply with the guidelines of the USFWS and
FFWCC for impacts to protected species. A Habitat Management Plan
for those species shall be submitted to environmental review staff for
review and approval prior to Site/Plan approval.
K. A Preserve Area Management Plan shall be provided to Environmental
Staff for approval prior to site/construction plan approval identifying
methods to address treatment of invasive exotic species, fire
management, and maintenance.
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10,6 AFFORDABLE HOUSING REQUIREMENT:
Developer shall make a payment of fifty cents ($.50) per gross leasable square foot to
Collier County Affordable Housing Trust Fund at the time of Site Development Plan
(SDP)) approval for the number of square feet being approved in the SDP on Tract B.
This commitment and the subsequent payments may be credited against any
subsequently adopted affordable, work force, and/or other gap housing or housing
needs impact fee, mitigation, exaction, fee, contribution, linkage fees and/or other
similar tax or charge which would otherwise be applicable to the PUD property, as
may be so contemplated by such subsequently adopted provisions.
10,7 Deviations:
A deviation is approved as part of this CPUD Master Plan to County Resolution 01-
247 to allow access onto Livingston Road to enhance the traffic circulation of the
CPUD by reducing the minimum connection spacing from Livingston Road from
1,320 feet to 450 feet as shown on the CPUD Master Plan.
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December 16,2005
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-A-2004-AR-5431, Cambridge Square PUD
Dear Legals:
Please advertise the above referenced notice on Sunday, December 25, 2005, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O.lAccount # 113-138312-649110
SA
J..,
8A
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, January 10, 2006, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS
MAP BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY, FROM PLANNED UNIT DEVELOPMENT (PUD) AND
ESTATES (E) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) KNOWN
AS CAMBRIDGE SQUARE PUD BY REVISING THE PUD DOCUMENT AND MASTER
PLAN TO INCORPORATE A 3.31+/- ACRE PARCEL, CURRENTLY ZONED UE"
INTO THE EXISTING CAMBRIDGE SQUARE PUD AND TO ALLOW A MAXIMUM OF
80,000 SQUARE FEET OF RETAIL OR OFFICE USE ON THE 3.31+/- ACRE
PARCEL FOR PROPERTY LOCATED IN THE NORTHEAST QUADRANT OF THE
INTERSECTION OF LIVINGSTON ROAD AND PINE RIDGE ROAD (CR 896), IN
SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 15.75+/- ACRES; PROVIDING FOR THE REPEAL
OF ORDINANCE NUMBER 98-89, THE FORMER CAMBRIDGE SQUARE PUD; AND
BY PROVIDING AN EFFECTIVE DATE.
Petition PUDZ-A-2004-AR-5431, Naples Gateway Land Trust, represented
by Robert L. Duane, of Hole Montes, Inc., requesting a rezone from
"PUD" and "Estates" (E) to "PUD" Planned Unit Development known as
Cambridge Square PUD by revising the PUD Document and Master Plan to
incorporate a three (3) acre parcel, currently zoned "E" into the
existing Cambridge Square PUD and to allow a maximum of 80,000 square
feet of retail or office use on the 3 acre parcel. The property is
located in the northeast quadrant of the intersection of Livingston
Road and Pine Ridge Road, in Section 7, Township 49 South, Range 26
East, Collier County, Florida, consisting of 15.75+/- acres.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 5
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
8A
.
the Chairmant 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 caset 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 thereforet may need
to ensure that a verbatim record of the proceedings is madet which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTYt FLORIDA
FRED W. COYLEt CHAIRMAN
DWIGHT E. BROCKt CLERK
By: Ann Jennejohnt Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
Goiipty-of.G(llIJier
..... "--', ,
CLERK OF THE CIRCUIT COURT
, \
COLLIER COUNTY CpURTPJ.PUSE
3301 TAMIAMI T~IL EA'ST
, P.O. BOX 4 ~~044 \..
NAPLES, FLORIDA ~jlOl-3044
....1 "
,~~iK~ i
SA
.
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
" ,
:J_1
/
December 16, 2005
Hole Montes, Inc.
Robert L. Duane, AICP
950 Encore Way
Naples, FL 34110
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2004-AR-5431, Cambridge Square PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 10,2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 26,
2005.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~vv.o&-tu-,a.(,
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: colIierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
Couiitt-r-of-G011ier
-...._~.. "'J ~
~ ,-.. ,
CLERK OF THE GIRCUIT COURT
'-.., \
COLLIER COUNTY qoURTllpUSE
3301 TAMIAMI T~IL EAiST
. P,O. BOX 4~~044 \,
NAPLES, FLORIDA ~ft,101-3d44
t{ I
SA
.
'..'f:~;~:;~'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
'c. I
:;J.._1
/'
December 16, 2005
Naples Gateway Land Trust
c/o David Isley
1601 Jackson Street, Suite 200
Naples, FL 33901
Re: Notice of Public Hearing to consider Petition
PUDZ-A-2004-AR-5431, Cambridge Square PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 10,2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 26,
2005.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ')f ~ H-u-.-. o. <-
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Ann P. Jennejohn
SA
.
From:
Sent:
To:
Subject:
System Admini
Friday, Dec.
Ann P.
Deli
atar [pastmaster@naplesnews.cam]
16,20054:10 PM
ohn
. PUDZ-A-2004-AR-5431, Cambridge Square PUD
Attachments:
Z-A-2004-AR-5431, Cambridge Square PUD
I~....' '-:~~~.1
U
PUDZ-A-2004-AR-5
431, Cambridge...
<<PUDZ-A-2004-AR-5431, Cambridge Square PUD>> Your message
To: legals@naplesnews,com
Subject: PUDZ-A-2004-AR-5431, Cambridge Square PUD
Sent: Fri, 16 Dec 2005 16:09:06 -0500
was delivered to the following recipient(s):
legals on Fri, 16 Dec 2005 16:09:34 -0500
1
Ann P. Jennejohn
SA
.
From:
Sent:
To:
Subject:
ClerkPostmaster
Friday, December 16, 2005 4:09 PM
Ann P. Jennejohn
Delivery Status Notification
Attachments:
ATT201187.txt; PUDZ-A- 4-AR-5431, Cambridge Square PUD
1::'1
~
f7-:;1
L.:::.J
ATT201187.txt
(229 B)
PUDZ-A-2004-AR-S
431, Cambridge...
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
Naples Daily News: Classifieds Results
Ordinances and Petitions - NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on
TUESDAY, January 10, 2006, in the Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will
consider the enactment of a County Ordinance, The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 0441, AS AMENDED, THE COLLIER COUNTY
LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS
MAP BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY, FROM
PLANNED UNIT DEVELOPMENT (PUD) AND ESTATES (E) TO COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) KNOWN AS CAMBRIDGE SQUARE PUD BY REVISING THE PUD DOCUMENT AND MASTER PLAN TO
INCORPORATE A 3.31+/- ACRE PARCEL, CURRENTLY ZONED E INTO THE EXISTING CAMBRIDGE SQUARE
PUD AND TO AllOW A MAXIMUM OF 80,000 SQUARE FEET OF RETAIL OR OFFICE USE ON THE 3,31+/-
ACRE PARCEL FOR PROPERTY LOCATED IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF
LIVINGSTON ROAD AND PINE RIDGE ROAD (CR 896), IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 15,75+/- ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 98-89, THE FORMER CAMBRIDGE SQUARE PUD; AND BY PROVIDING AN EFFECTIVE
DATE, Petition PUDZ-A-2004AR-5431, Naples Gateway land Trust, represented by Robert l, Duane, of Hole
Montes, Inc., requesting a rezone from PUD and Estates (E) to PUD Planned Unit Development known as
Cambridge Square PUD by revising the PUD Document and Master Plan to incorporate a three (3) acre
parcel, currently zoned E into the existing Cambridge Square PUD and to allow a maximum of 80,000
square feet of retail or office use on the 3 acre parcel, The property is located in the northeast quadrant of
the intersection of Livingston Road and Pine Ridge Road, in Section 7, Township 49 South, Range 26 East,
Collier County, Florida, consisting of 15.75+/- acres. Copies of the proposed Ordinance are on file with the
Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior
to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any
item. The selection of an individual to speak on behalf of an organization or group is encouraged, If
recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to
speak on an item, Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any
case, written materials intended to be considered by the Board shall be submitted to the appropriate County
staff a minimum of seven days prior to the public hearing, All material used in presentations before the
Board will become a permanent part of the record. Any person who decides to appeal a decision of the
Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which
the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE,
CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) December 25 No. 1285407
Start Date: 12/25/2005 Stop Date: 12/25/2005
Page 1 of 1
SA
.
of-
http://marketplace.naplesnews.comlmach2/nap/ search/SearchAds.action ?CatId=notices&... 12/27/2005
Naples Daily News
Naples, FL 34102
, 8A
Affidavit of Publication
Naples Daily News
--------------------------------- ----------+---------------------------
187.000 INCH
12/26/05
---------------------~~-j\--~--------------+---------------------------
Signature of Affiant ~~
~--
::./4' 4d a /'V 20 oC::
./ -
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
59157266
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in 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: 12/25 12/25
AD SPACE:
FILED ON:
.~,Sworn to and Subscribed before
ji:,..
Personally known by me
'.t;(!. ".e. tho is d /l (I day pf
. /) ,4'
/ / tJ.-:1'1--t:.-c;/ c:..--r'~
! J
:'1
. "".:e' 'f-l"li=OIlUOi. .!! g..:'" C:;.CC:;
'i~ a. =-~.!!:....Cl.8"'~:l!le'"
'J. '.'~ii.. '" B = l'!,s; 9l.l~ e t!1~:lc> ~
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....t!1 ~I" onF=;;1! l5 -u ... 9 '"
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l."iII. .... '.0. ..5l'...~.a C:;"I;It! 1,0.2 Cl.
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ij~Jllli!l ~51~lj!ii
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t;;lti11u!: .
.
NOTICEOF INTENT TO
CON$lDIR ORDINANCE
Notice Is hereby given
that on TUESDAY, Janu-
ary 10, 2006. In the
Boardroom, 3l'Cl Floor,
AdmlnlsVatIoi'I Building.
CoUler county Govern-
ment Center, 3301 East
Tamlaml Trail.!. Naples1
Florida, the lloard OT
County Commissioners
will consider the enact.
ment of a County Ordl.
nance. The meetll)g will
commence at 9:00 A.M.
The title of the pro.
posed Ordinance Is asl
follows:
AN ORDINANCE OF THE
BOARD OF COUNTY
eOMMISSIONERS OF
COLLIER COUNTY.
FLORIDA. AMENDING
ORDINANCE NUMBER l)4o
41, AS AMENDED. THE
COLLIER COUNTY LAND
DEVELOPMENT CODE.
WHICH INeLUDES THE
COMPREHENSIVE ZON.
ING REGULATIONS FOR
THE UNINCORPORATED
~,~~I8XL~'r~
ING THE OFFICIAL ZON-,
INO ATLAS .MAP BY
CHANGING THE ZONING
CLASSIFICATlO.N OF THE
HEREIN DESCRIBED REAL
PROPERTY. FR-oJif
PLANNED UNIT DEVEL.
OPMENT (PUD) AND ES.
TATES (E) TO COMMER.
CIAL PLANNED UNIT DE.
VELOPMENT (CPUO)
KNOWN AS CAMBRIDGE
SQUARE PUD BY REVIS.
IKG THE PUD DOCUMENT
AND MASTER PLAN TO
INCORPORATE A 3.31+/.
ACRE PARCEL, CUR.
RENTLY ZONED "E".INTO
THE EXISTING CAM.
BRIDGE SQUARE IllUD
AND TO ALLOW A MAXl-
MUM OF 802100 SQUARE
FEET OF RIO' AIL O'ROF.
FICE USE ON THE 3.31+/-
ACRE PARCEL FOR
PROPERTY LOCATED IN
THE NORTHEAST~AD'
RANT OF THE INe.
TION OF LIVINGS ON
ROAD AND PINE RIDGE
~?t~ ~~~~~~~I:E.f9
SOUTH. RANGE 26 EAST,
COLLIER COUNTY,
FLORIDA, CONSISTING
OF 15.75+/' ACRES; PR0-
VIDING FOR THE REPfAI.
OF ORDINANCE NUMBlIiI
98-89, THE FORMEIiI
~':'~~DRp~~:
AN EFFECTIVE DATE.
Petition PUDZ.A.2004.
AR.5431. Naples Gate.
way Land Trustt repre,
sented by Rooert L
Duane, of Hole Montes
~~ 7r~~~~B~~aa~
"E.tates" (E) to .PUD'
Plannltd Unit DevelOp
ment known as Cam
bridge square PUD bl
_Isfng tile puo Docv
ment and Master .PIll\'
to Incorporate a:tttr~
f:)z~rl'\r-~
exlstln, CamlHldllll
Squ.... PUD 4l'Id to aI~
a maxlriUlm of 80(001
~~oit:r~~
parcel, The pro'perty I,
loceted In ltle northeu
Quadrant of the Inter
section of Llvlngstol
Road and Pine Rldg,
Road. Ir hctlon ..,
Townsh P 49 South
Range 26 East, Cplll.
CPunty, Florida, consls
tIN pr15.75+/. acres.
COl!les of the pr9Sl0$e'
OrdlnaJ1Ce,v~ on fll
with th. Clfl'k tv th
Board _. we aval""
fQr I~":.~=
rgt~'=b:heard.
Oie::c f/)-- ('07 8'C)
ORIGINAL DOCUMENTS CHECKLIST & ROU '., G SLIP. /l"
TO ACCOMPANY ALL ORIGINAL DOCUMENTS S T TO 1:. 8 A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE I
Print on pink paper. Attach to original document. Original documents should he hand delivered 10 the Board omce. The completed routing slip and original
documents are to be forwarded to the Board Office only llill the BO<lrd has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor infonnation needed. Iflhe document is already complete with the
,. fth C! . t d I th h ,. I # Ith h #4 It th h kl t d f d t S P'! (I #5)
excepllon 0 c lUlrman S sIgna ure, rawa me roug rou lng llnes roll ",I ,comVce e c ec IS, an orwar o lie I son me
Route to Addressee(s) Office Initials Date
(List in routing order)
I. Sct~UL Le6-- C 1)f~ S ~ /hf IilC-~n ;()A_l I
1 ,2{o
2. , I
\ /
3, V
1L
4. /
5. Sue Filson, Execptive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
/
PRIMARY CONTACT INFORMATION
o
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event (lne afthe addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
. 'aU.(.S,
Phone Number
2f3 ~ :;)CII:5
r~
(
Yes
(Initial)
N/A(Not
A Iicable)
Agenda [tern Number
Number of Original
Documents Attached
, 0-L)
I: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exec t the BCC Chairman and the Clerk to the Board
The Chaimmn's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licablc.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si Joature and initials are ro uiTed.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions arc nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne lS Office has reviewed the chan eSl if a licable.
2.
3.
4.
5.
6.
L tf8A
ORDINANCE NO. 06-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04--41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAP BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY, FROM PLANNED UNIT
DEVELOPMENT (PUD) AND ESTATES (E) TO
COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) KNOWN AS CAMBRIDGE SQUARE PUD BY
REVISING THE PUD DOCUMENT AND MASTER
PLAN TO INCORPORATE A 3.3H ACRE PARCEL,
CURRENTLY ZONED "E" INTO THE EXISTING
CAMBRIDGE SQUARE PUD AND TO ALLOW A
MAXIMUM OF 80,000 SQUARE FEET OF RETAIL OR
OFFICE USE ON THE 3.3H ACRE PARCEL FOR
PROPERTY LOCATED IN THE NORTHEAST
QUADRANT OF THE INTERSECTION OF
LIVINGSTON ROAD AND PINE RIDGE ROAD (CR
896), IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 15.75010 ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 98-89, THE
FORMER CAMBRIDGE SQUARE PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, C & R Realty of Richmond, Inc., represented by Robert L. Duane, AICP, of
Hole Montes, Inc., petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property:
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
SECTION ONE:
The zoning classification of the herein described real property located in Section 7,
Township 49 South, Range 26 East, Collier County, Florida, is changed from Planned Unit
Development (PUD) and Estates (E) to Commercial Planned Unit Development (CPUD) known
as Cambridge Square CPUD by revising the PUD Document and Master Plan to incorporate a
3.3H acre parcel, currently zoned Estates (E) into the existing Cambridge Square PUD and to
allow a maximum of 80,000 square feet of retail or office use on the 3.3 H acre parcel in
accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated
herein and by reference made part hereof. The Official Zoning Atlas Map, as described in
Page I of2
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Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby
amended accordingly.
SECTION TWO:
Ordinance Number 98-89, known as the Cambridge Square PUD, adopted on November
10, 1998, by the Board of County Commissioners of Collier County, Florida, is hereby repealed
in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 10th day of Januarv
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.o.c. BY:
~~
FRAFt ,~AN
eput lerk
~,~~~~...
_-c :~tfficieiwY ,"
o ~.~. '". ,;::} (. ,
"1hrl1 k1l1id:'a)1' (ltodM - MA1~'1~
~~M, StUdent-Stirling :l
Assistant County Attorney
PUOZ-A-2004-AR-5431/HW /sp
Page 2 of2
I
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CAMBRIDGE SQUARE
A COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD)
Prepared for:
Naples Gateway Land Trust
Prepared by:
ROBERT L. DUANE. A.I.C.P.
HOLE MONTES. INC.
950 ENCORE WAY AND
NAPLES. FLORIDA 34110
R. BRUCE ANDERSON. ESO.
ROETZEL & ANDRESS. L.P.A.
850 PARK SHORE DRIVE
TRIANON CENTER - 3RD FL.
NAPLES. FLORIDA 34103
HM PROJECT 1997097
REVISED ON JANUARY 3, 2006
DATE ApPROVED BY BCC: NOVEMBER 10, 1998- ORDINANCE No. 1998-89
EXHIBIT A
t 8 A
TABLE OF CONTENTS
Page
SECTION I - Statement of Compliance I
SECTION II - Property Ownership, Legal Description and Short Title 2
SECTION III - Statement of Intent and Project Description 3
SECTION IV - General Development Regulations 4
SECTION V - Description of Project & Proposed Land Uses II
SECTION Vl- General Permitted Uses 12
SECTION VII - Permitted Uses & Development Standards Tract A 13
SECTION VIII - Permitted Uses & Development Standards Tract B 16
SECTION IX - Preserve Area Requirements 20
SECTION X - Development Commitments 21
10.1 - Transportation Requirements 21
10.2 - Utility-Requirements 23
10.3 - Engineering Requirements 23
10.4 - Water Management Requirements 24
10.5 - Environmental Requirements 25
10.6 - Affordable Housing Requirement 27
10.7 - Deviations 27
EXHIBITS
A.
Master Plan
G:\Current\WiIliams\PUDZ - Planned Unit Development Zoning\Cambridge Squarc\PUD document, 1-4-06.doc
2
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SECTION I
STATEMENT OF COMPLIANCE
The development of 16.1 acres of property in Section 7, Township 49 South, Range 26
East, as a Planned Unit Development to be known as the CAMBRIDGE SQUARE
CPUD will be in compliance with the planning goals and objectives of the Collier
County Growth Management Plan for the following reasons:
1.1 The subject property is located in the Golden Gate Master Plan Area and is
consistent with the requirements of the Pine Ridge Road Mixed Use Sub-
District which permit limited office uses up to 35,000 S.F. on tract A and up to
80,000 S.F. of retail or office gross leasable area on tract B and is consistent
with Ordinance 2005-25 for the proposed area and development standards
contained in this CPUD.
1.2 Improvements are planned to be in compliance with applicable land
development regulations as set forth in Objective 3 of the Future Land Use
Element.
1.3 The project will be served by a full range of services, including sewer and
water by the County resulting in an efficient and economical expansion of
facilities as required by Objective 3 of the Future Land Use Element.
1.4 The project contains a mix of both retail and office, uses combined with
architectural controls and extensive screening and buffering that are designed
to make the project compatible with and complementary to both nearby
planned commercial and residential land uses.
1.5 All final local Development Orders for this project are subject to the Collier
County Concurrency Management System as implemented by the Adequate
Public Facilities Ordinance.
8A
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION, AND SHORT TITLE
2.1 PROPERTY OWNERSHIP
The property is owned by Pine Ridge Livingston Development, LLC, the
"Lessee" and C&R Realty of Richmond, Inc., the "Lessor" at the time of
rezoning.
2.2 LEGAL DESCRIPTION
Tracts I, 12, 13, & 28 of Golden Gate Estates Unit 35 as recorded in Plat Book
7, Page 85.
2.3 SHORT TITLE
This ordinance shall be known and cited as the "CAMBRIDGE SQUARE
COMMERCIAL PLANNED UNIT DEVELOPMENT".
2.4 PHYSICAL DESCRIPTION
The project site lies entirely within the 1-75 Canal Basin. The site drains to
roadside swales on Pine Ridge Road to the south and Livingston Woods Road
(8th Avenue S.W.) to the north.
Water management for the project will include a retention/detention system to
provide water quality and attenuate the peak discharge rate.
Existing site elevations range 10.0 to 11.0.
The site is entirely within Flood X, according to FIRM MAP 120067 0425D.
Flood Zone X designates areas of 500 year flood and areas of 100 year flood
with average depths less than I foot.
Soil types found on this site include Holopan fine sand (approximately 25%),
Malaber fine sand (approximately 65%), and Oldsmar fine sand
(approximately 10%). Soil characteristics derived from the soil survey of
Collier County, Florida, issued by the U.S. Department of Agriculture (Natural
Resources Conservation Service) issued in 1998.
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SECTION III
STATEMENT OF INTENT AND PROJECT DESCRIPTION
3.1 INTRODUCTION
The developer's intent is to establish a Planned Unit Development meeting or
exceeding the applicable standards of the Collier County Land Development
Code. It is the purpose of this document to set forth guidelines for future
development of the project that meet accepted planning principles and
practices, and to implement the Collier County Growth Management Plan.
3.2 PROJECT DESCRIPTION
The project is comprised of 16.1 acres, more or less, and is located on the north
side of Pine Ridge Road, at the northeast comer of the intersection of Pine
Ridge and Livingston Roads north. Cambridge Square may support a number
of tracts for development, which are expected to develop with a mixture of
office and retail uses. Access to the subject parcel will be from Pine Ridge
Road and Livingston Road. A loop road is depicted on the CPUD Master Plan
to facilitate access through the subject property between Pine Ridge and
Livingston Roads.
3.3 LAND USE PLAN
The project permits a range of office and retail uses to meet the needs of the
developing area. The CPUD Master Plan depicts a wetland preserve area,
internal circulation, open spaces, landscape buffer areas, and a loop road from
Pine Ridge Road to Livingston to reduce traffic at the intersection. The CPUD
Master Plan is designed to be flexible inasmuch as the size and configuration
of tracts will not be finally determined until site plan approval is requested.
3.4 PROJECT PHASING
The applicant has set a preliminary development schedule for the subject
property for completion of improvements by January 2008. This projection of
the project's development can be no more than an estimate based on current
market knowledge.
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SECTION IV
GENERAL DEVELOPMENT REGULATIONS
The purpose of this section is to set forth the development regulations that may be
applied generally to the development of the Cambridge Square Planned Unit
Development and Master Plan.
4.1 GENERAL
The following are general provisions applicable to the CPUD Master Plan;
A. Regulations for development of Cambridge Square CPUD shall be in
accordance with the contents of this document, the CPUD-Planned Unit
Development District, and other applicable sections and parts of the
Collier County Land Development Code (LDC), and the Growth
Management Plan, in effect at the time of issuance of any development
order, to which said regulations relate which authorizes the construction
of improvements. Should these regulations fail to provide specific
developmental standards, then the provisions of the most similar zoning
district in the LDC shall apply. The developer, his successor or
assignee shall follow the CPUD Master Plan and the regulations of this
CPUD, as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor in
title or assignee is subject to the commitments within this agreement.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the LDC in effect at the time of building
permit application.
C. All conditions imposed and all graphic material presented depicting
restrictions for the development of Cambridge Square shall become part
of the regulations, which govern the manner in which this site may be
developed.
D. Development permitted by the approval of this petition will be subject
to a concurrency review under the provisions of Sections 6.02.0 I and
10.02.07, Adequate Public Facilities Requirements of the LDC.
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E. Unless specifically waived through any variance or waiver, provisions
from any other applicable regulations, the provisions of those
regulations not otherwise provided for in this CPUD, remain in full
force and effect.
4.2 SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shall be performed in
accordance with the LDC, and the standards and commitments of this
document in effect at the time of construction plan approval.
4.3 EASEMENTS FOR UTILITIES
Easements, where required, shall be provided for water management areas,
utilities and other purposes as may be required by Collier County.
All necessary easements, dedications or other instruments shall be granted to
ensure the continued operation and maintenance of all services and utilities.
This will be in compliance with applicable regulations in effect at the time
construction plans and plat approvals are requested.
4.4 CPUD MASTER PLAN
A. Exhibit "A", The CPUD Master Plan, illustrates the proposed
development and is conceptual in nature. Proposed tract or special land
use boundaries shall not be construed to be final and may be varied at
any subsequent approval phase such as at final platting or site
development plan application.
8. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
4.5 PROJECT PLAN APPROVAL REOUlREMENTS
The Site Development Plan for individual tracts shall be submitted and
reviewed, in accordance with all provisions of Section 10.02.03 of the LDC
Submittal Requirements for Site Development Plans, unless otherwise
provided for within this CPUD and prior to the issuance of a building permit or
other required development orders.
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4.6 PROVISION FOR OFF -SITE REMOVAL OF EAR THEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water
management facilities or to otherwise develop water bodies is hereby
permitted. If, after consideration of fill activities on those buildable portions of
the project site are such that there is a surplus of earthen material, then its off-
site disposal is also hereby permitted subject to the following conditions:
A. Excavation activities shall comply with the definition of a
"Development Excavation" as provided for in the (Code of Laws and
Ordinances ss 22-106 - 22-119, whereby off-site removal shall not
exceed ten (10) percent of the total volume excavated up to a maximum
of20,000 cubic yards.
B. A timetable to facilitate said removal shall be submitted to the Planning
Services Director for approval. Said timetable shall include the length
of time it will take to complete said removal, hours of operation and
haul routes.
C. All provisions of Section 3.05.00 of the LDC pertaining to Vegetation
Removal, Protection, and Preservation are applicable.
4.7 SUNSET AND MONITORING PROVISIONS
The Cambridge Square CPUD shall be subject to Section 10.02.13 D of the
LDC, Time Limits for Approved PUDs, and Section 10.02.13F of the LDC
pertaining to Monitoring Requirements.
4.8 POLLING PLACES
Any community recreation/public building/public room located within the
Cambridge Square CPUD may be used for a polling place, if determined
necessary by the Supervisor of Elections, in accordance with Section 2.01.04
of the LDC pertaining to polling places
4.9 NATIVE VEGETATION RETENTION REQUIREMENTS
The project shall preserve native habitat, in accordance with the provisions of
Section, 3.05.07 of the LDC pertaining to Preservation Standards.
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4.10 COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities,
open spaces, water management facilities shall be the responsibility of the
Developer, their successors or assigns.
4.11 ARCHITECTURAL AND SITE DESIGN STANDARDS
All commercial buildings will be designed in accordance with Section 5.05.08
of the LDC pertaining to Architectural and Site Design Standards and as
further specified in Sections VII and VIII of this CPUD.
4.12 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities,
whose ownership and maintenance responsibility is a common interest to all of
the subsequent purchasers of property within said development, in which the
common interest is located, that developer entity shall provide appropriate
legal instruments for the establishment of a Property Owners' Association or
another appropriate entity, whose function shall include provisions for the
perpetual care and maintenance of all common facilities and open space subject
further to the provisions of Section 2.03.06 of the LDC Planned Unit
Development Districts.
4.13 OPEN SPACE REOUIREMENTS
A combination of the lakes, wetland and upland preserves, landscape buffers
and open space shall meet the 30% open space requirement for the
development as set forth in Section 4.02.0I.B2 of the LDC. Open space shall
include all pervious green space within development parcels and lots and shall
also include all land that may be dedicated for public purposes.
4.14 SIGNAGE
Monumental entry signage may be developed at each of the project entrances
in addition to the provisions of 5.06.04 of the LDC pertaining to Sign Standard
for Specific Situations. Project and directory signage shall be limited to
ground signs and signage shall be architecturally compatible with the CPUD
architectural design theme.
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4.15 SITE LIGHTING
Lighting facilities shall be arranged in a manner which will protect roadways
and neighborhood residential properties from direct glare or other interference.
The maximum height of parking lot light fixtures shall be 16 feet.
4.16 ARCHAEOLOGICAL RESOURCES
If, during the course of site clearing, excavation, or other construction
activities, an archaeological or historical site, artifact, or other indicator is
discovered other than that already identified, all development at that location
shall be immediately stopped. Development will be suspended for a sufficient
length of time to enable the Collier County Historic and Archeological
Preservation Board, or a designated consultant, to assess the find and determine
the proper course of action in regard to its salvageability. The Environmental
Review Staff will respond to any such notification in a timely and efficient
manner so as to provide only a minimal interruption to any construction
activity.
4.17 LANDSCAPING AND BUFFERING
The development of the CPUD Master Plan shall be subject to Section. 4.06.00
of the LDC pertaining to Landscaping, Buffering and Vegetation Retention.
A. Pine Ridge and Livingston Roads Landscape Buffer!!
I. Width:
A minimum of 15 feet.
2. Shade Trees:
25 foot on center, minimum; 14 feet in height at installation.
3. Palm or Pine Trees:
In addition to the required shade trees, I per 15 feet may be
clustered with a 30 foot maximum distance between trees. The
cluster of trees shall be an average height of 18 feet and a
minimum height of 8 feet.
4. Hedge:
A hedge of at least 24 inches in height at the time of planting
and attaining a minimum of three feet in height within one year
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where vehicular areas are adjacent to road right-of-way,
pursuant to Section 4.06.05 of the LDC, General Landscaping
Requirements.. The required hedge shall be designed to be
curvilinear.
B. East Landscaped Buffer
None. The site's existing wetland preserve shall provide the
project's required buffer.
C. North (Rear) Setback/Buffer Area
I. Setback:
75 foot setback; A minimum of 30 feet without water
management.
2. Buffer Design Criteria:
A twenty (20) foot wide Type "D" Buffer shall be provided
along Livingston Woods Lane with more stringent screening
than required in Section 4.06.02 of the LDC, Buffer
Requirements. Trees shall be spaced a minimum of fifteen
(15) feet on-center and a single row of shrubs shall be spaced a
minimum of three (3) feet on-center, with both trees and shrubs
located on the northern side of an eight (8) foot tall
architecturally finished masonry wall. Such trees and shrubs
shall meet the requirements of Section 4.06.05 of the LDC,
General Landscaping Requirements. Such wall shall have a
common architectural theme with the other buildings and
signage within the CPUD, as described in this CPUD
Document, and shall be installed and maintained with the
finished side out towards Livingston Woods Lane.
Construction of the wall shall occur concurrently with building
construction on each parcel and shall be carried out in a
diligent manner such that the architecturally finished side of
the wall shall be completed prior to the completion of building
construction. This buffer shall be installed as a required
improvement for the first Site Development Plan within Tract
B of the subject CPUD. Additionally, along the southern side
of the wall, there shall be planted at least forty-five (45) Red
Maple trees, or similar species, that are at least eight (8) feet
tall.
D. Internal Buffer Between Uses
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1. Width: As provided for in 4.06.05 of the LDC
pertaining to General Landscaping
Requirements.
2. Shade Trees: 20 foot on center, minimum 12 foot in height at
installation.
3. Palm or Pine Trees:
In addition to the required shade trees, I per 10
feet; may be clustered with a 30 foot maximum
distance between trees or cluster of trees. The
trees shall be an average height of 18 feet and a
minimum height of 8 feet.
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SECTION V
DESCRIPTION OF PROJECT AND PROPOSED LAND USES
5.1 PURPOSE
The purpose of this section is to set forth the General Permitted Uses and
development standards for Tracts "A" and "B".
5.2 DEVELOPMENT INTENSITY
The maximum development intensity permitted on Tract "A" is thirty-five
thousand (35,000) S.F. of gross leasable office space within the Eastern parcel,
not to exceed five (5) acres. Transitional uses on Tract "A" are permitted to be
developed up to a floor area ratio of .45. On Tract "B", the maximum
development intensity is eighty thousand (80,000) S.F. of gross leasable retail
or office area.
5.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan, including and use of land for the acreage noted, is
illustrated graphically by Exhibit "A", CPUD Master Plan.
TABLE I:
CAMBRIDGE SQUARE SUMMARY OF DEVELOPMENT INTENSITY
TYPE ACREAGE S. F.
TRACT A Office Use clc 3.4 35,000 S.F.
TRACT B Retail/Office clc10.2 80,000 S.F.
TRACT C Preserve" clc 2.41
" The Preserve area includes 2.2 acres, more or less, of the 2.41 acres more or
less contained in Tract C.
Table I is a schedule ofthe intended land uses, with approximate acreage of the
total project indicated. The arrangement of these land areas is shown on the
Master Plan (Exhibit "A"). The Master Development Plan Exhibit A is an
illustrative preliminary development plan. Design criteria and layout that is
illustrated on the Master Development Plan and other exhibits supporting this
project shall be understood to be flexible so that final design may satisfy
development objectives and be consistent with the project development, as set
forth in this Document.
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SECTION VI
GENERAL PERMITTED USES
6.1 PURPOSE
The purpose of this section is to set forth the general permitted uses for both
Tracts A and B depicted on the CPUD Master Plan.
Certain uses shall be considered general permitted uses throughout the
Cambridge Square CPUD. General permitted uses are those uses which
generally serve the Developer and end-users of Cambridge Square CPUD and
typically are part of the common infrastructure of the proposed development.
6.2 GENERAL PERMITTED USES
I. Essential services as set forth under Collier County Land Development
Code, Sections 2.01.03 and 2.04.03 of the LDC.
2. Water management and facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Temporary construction, sales, and administrative offices for the
developer and developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses.
6. Preserve areas or landscape features including but not limited to
landscape buffers, berms, and fences.
7. Fill storage subject to the standards set forth in the Collier County LDC
8. Landscape buffers, berms, fences and walls.
9. Any other permitted uses which are comparable in nature with the
foregoing list of permitted uses and consistent with purpose and intent
statement of the district, as determined by the Board of Zoning
Appeals.
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SECTION VII
PERMITTED USES & DEVELOPMENT STANDARDS
TRACT A
7.1 PURPOSE
The purpose of this section is to set forth the regulations for the area designated
on Exhibit "A", CPUD Master Plan, as "Commercial-Tract A". A maximum
of 35,000 square feet of leasable commercial area shall be developed within
Tract A.
7.2 No building or structure, or part thereof, shall be erected, altered, or used, or
land or water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
I. Group Care Facilities (category I & II); care units, subject
to the provisions of Section 5.05.04 of the LDC; Group
Housing nursing homes; assisted living facilities pursuant
to this definition of Assisted Living Facility, of Section
400.402 Florida Statutes and Chapter 58A-5 Florida
Administrative Code.; and continuing care retirement
communities pursuant to Chapter 651 Florida Statutes and
Chapter 4.183 Florida Administrative Code.
2. Accounting, auditing, and bookkeeping services (8721).
3. Business services (groups 7311, 7313, 7322-7331, 7338,
7361,7371,7372,7374-7376,7379).
4. Childcare centers and adult day care centers (8351).
5. Churches and other places of worship (8661).
6. Depository institutions without drive-through (groups
6011-6099).
7. Engineering, architectural, and surveying services (groups
8711-8713).
8. Health services (groups 8011-8049).
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9. Insurance carriers, agents and brokers (groups 6311-6399,
6411).
10. Legal services (8111).
II. Management and public relations services (groups 8741-
8743,8748)
12. Medical office (groups 8011 - 8049)
13. Miscellaneous personal services (7291).
14. Non-depository credit institutions (groups 6141 - 6163).
15. Real estate (groups 6531-6541)
16. Schools, public and private (8211).
17. Any other use, which is comparable in nature with the
foregoing uses and consistent with the purpose and intent
of the district as determined by the Board of Zoning
Appeals.
B. Permitted Accessorv Uses and Structures
1. Accessory uses and structures customarily associated with
the above permitted principal uses and structures,
including vehicular garages or covered parking.
2. Essential services and facilities, such as sewer and water
lines, sewage lift stations, telephone lines, and electrical
transmissions lines.
3. Any other permitted uses which are comparable in nature
with the foregoing list of permitted uses and consistent
with purpose and intent statement of the district, as
determined by the Board of Zoning Appeals.
7.3 DEVELOPMENT STANDARDS FOR TRACT A
A.
Site Area:
Twenty thousand (20,000) square feet
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B. Site Width: One hundred (100) feet
C. Setbacks from CPUD Boundaries:
I. Front Yard:
Single Story Structure: Twenty-five (25) feet from the
north property line and 25 feet from all other boundaries
Two Story Structure: Thirty-five (35) feet
Three Story Structure: Forty-five (45) feet
2.
Side Yard:
Twenty-five (25) feet
3.
Rear Yard:
Seventy-five (75) feet
D.
Maximum Height of Structures:
Thirty-Five (35) feet.
E.
Maximum Number of Stories:
Three (3) habitable floors.
F. Distance Between Principal Structures: None, or a minimum of ten
(10) feet with unobstructed passage from front to rear.
G. Minimum Floor Area of Principal Structures: One thousand (1,000)
square feet per building on the ground floor.
H. Architectural Common Theme: Structures within this Tract shall have
a common architectural theme, inclusive of common or compatible use
of materials and colors. Structures must include the following common
elements.
I. Primary Exterior Walls: Stucco.
2. Porches or exterior covered areas: Stucco or wood frame.
3. Primary Roofs and Covered Parking: Clay or cement,
tile; 5/12 roof pitch or greater.
4. Parking and site lighting: Anodized bronze fixtures
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SECTION VIII
PERMITTED USES & DEVELOPMENT STANDARDS
TRACT B
8.1 PURPOSE
The purpose of this section is to set forth the regulations for the area designated
on Exhibit "A", CPUD Master Plan, as "Tract B".
8.2 No building or structure, or part thereof, shall be erected, altered, or used, or
land or water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures:
1. All permitted principal uses and structures allowed on Tract "A"
other than group care facilities, childcare centers, day care
centers, churches, and other places of worship, public, and
private Schools.
2. Apparel and accessory stores (groups 5611-5699).
3 Barber shops, except barber schools (group 7241).
4. Beauty shops, except beauty schools (group 7231).
5. Business services (groups 7311, 7313, 7322, 7331, 7334, 7338,
7371,7372,7374-7376,7379,7384).
6. Depository institutions (groups 6011-6099 including drive-
through windows).
7. Drinking places (group 5813 excluding bottle clubs). Note: All
establishments engaged in the retail sale of alcoholic beverages
for on-premise consumption are subject to the location
requirements of Section 5.05.01 of the LDC, Businesses Serving
Alcoholic Beverages.
8. Eating places (group 5812, except contract feeding, dinner
theaters, institutional food service, and industrial feeding).
Note: All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to the
16
8A
location requirements ofSection-5.05.01 of the LDC.
9. Food stores (groups 5411-5499).
10. Gasoline service stations (group 5541, subject to Sections
5.05.05 and 9.04.07 ofthe LDC.
II. General merchandise stores (groups 5331-5399).
12. Hardware stores (group 5251) limited to a maximwn size of
15,000 S.F. of gross leasable area.
13. Health services (group 8082).
14. Home furniture, furnishing, and equipment (groups 5712-5736).
15. Miscellaneous personal services (groups 7215, 7216 non-
industrial dry cleaning only, 7291, 7299 baby sitting bureaus,
clothing rental, costume rental, dating service, depilatory salons,
diet workshops, dress suit rental, electrolysis, genealogical
investigation service and hair removal only).
16. Miscellaneous repair services (groups 7629, 7631, 7699 except
blacksmith shops, boiler cleaning, boiler repair or manufacture,
cesspool cleaning, cleaning bricks, farm machinery repair,
furriers or blacksmith shops, furnace or chimney cleaning
service, harness repair shops, horseshoeing, industrial truck
repair, lawnmower repair shops, machinery cleaning, mattress
renovating and repair shops, septic tank cleaning service, sewer
cleaning and rodding, ship boiler and tank cleaning and repair
contractors, ship scaling contractors, tank and boiler cleaning
service, tank truck cleaning service, tent repair shops and tractor
repair).
17. Miscellaneous retail (groups 5912-5949, 5992-5999, except
auction rooms, awning shops, gravestones, fireworks, hot tubs,
monuments, swimming pools, tombstones, and whirlpool
baths).
18. Offices for engineering, architectural, and surveymg servIces
(group 0781).
19. Paint, glass, and wallpaper stores (group 5231).
17
8A
20. Photographic studios (group 7221).
21. Physical fitness facilities (group 7991).
22. Real estate (groups 6541-6552).
23. Shoe repair shops and shoeshine parlors (group 7251).
24. Security and commodity brokers, dealer, exchanges, and
services (groups 6211-6289).
25. Transportation services, travel agencies only (group 4724).
26. United States Postal Service except major distribution center
(group 4311).
27. Videotape rental (group 7841).
28. Veterinary services (group 0742 with no outside boarding).
29. Any other permitted uses, which are comparable in nature with
the foregoing list of permitted uses and consistent with purpose
and intent statement of the district, as determined by the Board
of Zoning Appeals.
B. Permitted Accessorv Uses and Structures
I. Accessory uses and structures customarily associated with the
above permitted principal uses and structures.
2. Essential services and facilities such as sewer and water lines,
sewage lift stations, telephone lines, and electrical transmission
lines.
3. Customary accessory uses and structures, including vehicular
garages or covered parking.
4. Any other permitted uses which are comparable in nature with
the foregoing list of permitted uses and consistent with purpose
and intent statement of the district, as determined by the Board
of Zoning Appeals.
18
8A
8.3 DEVELOPMENT STANDARDS FOR TRACT B
A. Minimum Site Area: 20,000 square feet
B. Minimum Site Width: 150 feet
C. Setbacks: 75 feet from the north property line and 25 feet from all
other boundaries
D. Setbacks Internal to the CPUD: 15 feet; none if under unified control.
E. Maximum Height of Structures: Thirty-five (35) feet.
F. Maximum Number of Stories: Three (3) habitable floors.
G. Distance Between Principal Structures: None, or a minimum of ten
(10) feet with unobstructed passage from front to rear.
H. Minimum Floor Area of Principal Structures: One thousand (1,000)
square feet per building on the ground floor.
I. Architectural Common Theme: Structures within this Tract shall have
a common architectural theme, inclusive of common or compatible use
of materials and colors. Structures must include the following common
elements.
I. Primary Exterior Walls: Stucco
J. Size limitations on uses: There are no limitations on the square footage
of uses in this CPUD other than the requirements set forth in Section
5.2 of this Ordinance and that the maximum size of any single retail use
or tenant shall not exceed twenty-five thousand square feet (25,000.) of
gross leasable floor area, except that hardware stores (group 5251) may
not exceed fifteen-thousand square feet (15,000.) of gross leasable floor
area.
19
8A
SECTION IX
PRESERVE AREA REQUIREMENTS
9.1 PURPOSE
The purpose of this section is to identify permitted uses for the Preserve Areas
as shown on the CPUD Master Plan.
9.2 PERMITTED USES
The Master Plan provides for +/- 2.2 acres more or less of wetland preserve
areas on Tract C, which comprises 2.41 acres. The Pine Ridge Road Mixed
Use District of the Future Land Use Element requires the preservation of the
area proposed to be preserved in this CPUD. No building, structure or part
thereof shall be erected, altered or used or land used in whole or in part for
other than the following:
Permitted Principal Uses and Structures in accordance with the preservation
standards of Section 3.05.07 of the LDC, Preservation Standards.
I. Passive recreation areas
2. Biking, hiking and nature trails
3. Water management facilities and water management structures
4. Native preserves and wildlife sanctuaries
5. Supplemental landscape planting, screening and buffering
within the Preserve Area, subject to SDP approval.
B. Any other use, which is comparable in nature with the foregoing uses,
consistent with the permitted uses and purpose and intent statement of
this CPUD, as determined by the Board of Zoning Appeals.
20
8A
SECTION X
DEVELOPMENT COMMITMENTS
10.1 TRANSPORTATION REQUIREMENTS
The purpose of this section is to set forth the transportation commitments of
the project development.
A. Pedestrian access shall be provided between all parcels and uses in the
development, at the time of final site development plan approval for
each individual tract.
B. Within the western 01010.2 acres of the subject property a loop road shall
be provided and constructed through the property to provide access
from Pine Ridge Road to Livingston Road in order to reduce traffic at
the intersection. The loop road shall be dedicated as a public easement
at the time of platting or SDP approval, as the case may be.
C. All traffic control devises, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation
(FDOT) Manual of Uniform Minimum Standards (MUMS), current
edition, FDOT Design Standards, current edition, and the Manual on
Uniform Traffic Control Devices (MUTCD), current edition. All other
improvements shall be consistent with and as required by the Collier
County LDC.
D. Arterial level street lighting shall be provided at all access points.
Access lighting must be in place prior to the issuance of the first
certificate of occupancy (CO).
E. Site-related improvements necessary for safe ingress and egress to this
project, as determined by Collier County, shall not be eligible for
impact fee credits. All required improvements shall be in place and
available to the public prior to the issuance ofthe first CO
F. Road impact fees shall be paid in accordance with Collier County
Ordinance 01-13, as amended and Sections 6.02.01 and 10.02.07 of the
LDC, as it may be amended.
G. All work within Collier County rights-of-way or public easements shall
require a right-of-way permit.
21
8A
H. Except as to the deviation which is hereby approved in this CPUD, to
reduce the minimum connection spacing from Livingston Road from
1320 feet to 450 feet as shown on the CPUD Master Plan, all proposed
median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution No. 01-247), as it may
be amended, and the LDC, as it may be amended. Collier County
reserves the right to modify or close a median opening existing at the
time of approval of this CPUD, which is found to be adverse to the
health, safety, and welfare of the public. Any such modifications shall
be based on, but are not limited to, safety, operational circulation, and
roadway capacity.
1. Nothing in any development order shall vest a right of access in excess
of a right in/right out condition at any access point. Neither shall the
existence of a point of ingress, a point of egress or a median opening,
nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer, its successor in title, or
assignee.
J. All internal roads (including the public easement for the loop road),
driveways, alleys, pathways, sidewalks, and interconnections to
adjacent developments shall be operated and maintained by an entity
created by the developer and Collier County shall have no
responsibility for maintenance of any such facilities.
K. If any required turn land improvement requires the use of an existing
County right-of-way or easement, compensating right-of-way, shall be
provided without cost to Collier County as a consequence of such
improvement.
1.. If a traffic signal, or other traffic control device, sign or payment
marking improvement within a public right-of-way or easement is
determined to be necessary by Collier County, the cost of such
improvement shall be borne by the developer and shall be paid to
Collier County before the issuance of the first CO.
M. The two (2) out-parcels depicted on the Master Plan for building areas
"B" and "e" , including building area "0", "A", and "E", may be
issued COs while improvements are being undertaken to Livingston
Road as access will be available from Pine Ridge Road.
N. No COs shall be issued for any permitted uses in this CPUD for Tract
"8" until December of 2006.
22
8A
10.2 UTILITY REOUlREMENTS
The purpose of this section is to set forth the utilities and engineering
commitments of the project developer.
A. Potable water will be supplied by the County water service system
through an existing 12 inch main running east and west on the north
side of Pine Ridge Road. All construction plans and technical
specifications for the proposed project shall be reviewed and approved
by the Planning Department, Engineering Review Services prior to
commencement of construction. On-site water mains shall be installed
by the developer at no cost to the County and shall be master metered.
All on-site water mains shall be owned and maintained by the
developer, his assigns or heirs.
8. Connection to the County sewer system shall be to the County force
main located on the south side of Pine Ridge Road, at no cost to the
County. Sewage shall be pumped by an on-site station to the County
system. All construction plans and technical specifications shall be
approved by the Planning Department, Engineering Review Service,
prior to construction.
10.3 ENGINEERING REOUlREMENTS
A. Detailed paving, grading, site drainage, and utility plans shall be
submitted to the County Manager, or designee, for review. No
construction permits shall be issued unless and until approval of the
proposed construction, in accordance with the submitted plans, is
granted by the County Manager, or designee.
B. Design and construction of all improvements shall be subject to
compliance with all applicable provisions of the LDC, including those
set forth in Chapter 4, Site Design and Development Standards, of the
LDC.
C. The developer, and all successors in interest to the developer shall be
required to satisfy the requirements of all County development
ordinances or codes in effect prior to or concurrent with any subsequent
development order relating to this site, including site development
plans and any other application that will result in the issuance of a final
local development order.
23
8A
10.4 WATER MANAGEMENT REQUIREMENTS
The purpose of this section is to set forth the water management commitments
of the project developer.
A. Detailed paving, grading, and site drainage plans shall be submitted to
the Development Services Director for review. No construction
permits shall be issued unless and until approval of the proposed
construction, in accordance with the submitted plans is granted by
County Manager, or designee.
B. Design and construction of all improvements shall be subject to
compliance with the appropriate provisions of the LDC.
C. Landscaping, within the water management areas, is permitted, except
as prohibited by the Collier County Land Development Code.
D. An excavation permit shall be required where applicable in accordance
with (Code of Laws and Ordinance, Sections 22-106-22-119) and South
Florida Water Management District Rules.
E. The subject property is currently under common ownership with the
adjacent property to the east. Under this circumstance, a water
management system may be shared with property to the east and the
cypress area within this system as generally depicted on the CPUD
Master Plan, shall be preserved and enhanced. If the ownership
changes on the property to the east, water management facilities may be
shared with the necessary easements in place.
F. Water management requirements of the CPUD's individual
developments shall be linked through the proposed drainage easement,
as shown on Exhibit "A" CPUD Master Plan, which outfalls to the
site's eastern wetland preserve area.
G. A copy of the SFWMD permit is required prior to development plan
approval.
H. For perimeter berm heights in excess of two feet, side slopes shall be at
a maximum of 4: I.
I. Existing or proposed easements for Collier County storm water
facilities shall be maintained free of landscaping berms, or any other
24
8A
kind of obstacle that could impede adequate access to maintenance
crews and equipment.
I 0.5 ENVIRONMENTAL REOUlREMENTS
The purpose of this Section is to set forth the environmental requirements of
the project developer.
A. The project shall meet all pertinent environmental related requirements
of the Collier County Growth Management Plan, including the Coastal
and Conservation Management Element and the LDC in effect at the
time that requests are made for site development plan approval.
B. A wetland preserve area comprising "= 2.2 acres more or less is depicted
on the CPUD Master Plan. This Preserve area satisfies the requirements
of Section 3.05.00 of the LDC pertaining to Vegetation Removal,
Protection, and Preservation. The project's plan for development is to
preserve this wetland area in its entirety and to enhance it with shared
water management areas between the subject property and the Naples
Gateway CPUD.
C. Environmental permitting shall be in accordance with the state of
Florida Environmental Resource Permit Rules and be subject to review
and approval by Environmental Review Staff. Removal of exotic
vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands.
D. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on
the plat or site plan, whichever is applicable, with protective covenants
per or similar to Section 704.06 of the Florida Statutes.
In the event, the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County, with no
responsibility for maintenance and subject to the uses and limitations
similar to or as per Florida Statutes Section 704.06.
E. All Category I invasive exotic plants, as defined by the Florida Exotic
Pest Plant Council, shall be removed from within preserve areas and
subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the property owner. This information shall be
provided to Environmental Review Staff for review at the time
development orders are requested.
25
8A
F. Proof of ownership for the shared water management areas for the
adjoining property to the east shall be provided to Environmental
Review Staff prior to final site plan approval. If the ownership changes
for lands to the east of the subject property, water management
facilities may be shared with the required easements.
G. The Developer shall retain the existing wetland preserve consisting of
'" 2.2 acres more or less, per the requirement of this CPUD.
H. Buffers shall be provided around wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of the wetlands
to remain on site. Where natural buffers are not possible, structural
buffers shall be provided in accordance with the State of Florida
Environmental Resource Permit Rules.
1. This CPUD shall be consistent with the Environmental sections of the
Growth Management Plan, Conservation and Coastal Management
Element and the LDC in effect at the time of final development order
approval.
J. This CPUD shall comply with the guidelines of the United States Fish
and Wildlife Service and Florida Fish and Wildlife Conservation
Commission for impacts to protected species. A Habitat Management
Plan for those species shall be submitted to Environmental Review
Staff for review and approval prior to Site/Plan approval.
K. A Preserve Area Management Plan shall be provided to Environmental
Review Staff for approval prior to site/construction plan approval
identifying methods to address treatment of invasive exotic species, fire
management, and maintenance.
26
10.6 AFFORDABLE HOUSING REQUIREMENT:
The developer shall make a payment of fifty cents ($.50) per gross leasable square foot
to the Collier County Affordable Housing Trust Fund at the time of site development
plan approval for the amount of square footage being approved in the site development
plan on Tract B. This commitment and the subsequent payments may be credited
against any subsequently adopted affordable, work force, and/or other gap housing or
housing needs impact fee, mitigation, exaction, fee, contribution, linkage fees and/or
other similar tax or charge which would otherwise be applicable to the CPUD
property, as may be so contemplated by such subsequently adopted provisions.
10.7 DEVIATIONS:
A deviation is approved as part of this CPUD Master Plan to County Resolution
Number 01-247 Collier County Access Management Policy to allow access onto
Livingston Road to enhance the traffic circulation of the CPUD by reducing the
minimum connection spacing from Livingston Road from 1,320 feet to 450 feet as
shown on the CPUD Master Plan.
27
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8A
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 2006-01
Which was adopted by the Board of County Commissioners
on the 10th day of January, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of January, 2006.
DWIGHT E. BROCK . ;,;,;""',,
Clerk ~f. Courts and;~~f!~~'i'
Ex-offlclo to BoarA"G'f' .,..,,31-
, , ... {..'t."__~_ ._,:_: "~,~.... .
County Commlsslone:!?s:::,';\' "'=\'""
~ ~'~'}:i."'" '.".\J:'~,,~
, .' h'.i. ~'r.i ,.
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-. . . ,,'" '
By: Ann JenneJ'ohn;";,,>":;;,':;'" ',c'
o. .!. ~~ '," "J >oj ,
Deputy Clerk '. '.,':,....,'
, 9A
MEMORANDUM
DA TE:
January 19, 2006
TO:
Kay Nell, Legal Assistant
County Attorney's Office
FROM:
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
RE:
Resolution 2006-04
Resolution 2006-05
Resolution 2006-06
Resolution 2006-07
Resolution 2006-08
Resolution 2006-09
Enclosed please find one (1) copy of each of the documents, as referenced
above (Agenda Items #9A, #9B, #9C, #9D, #9E, and #9F) approved by the
Board of County Commissioners on Tuesday, January 10,2006.
If you should have any questions, you may contact me at 774-8411
Thank you,
Enclosures
9A 1:1
MEMORANDUM
DA TE:
January 19, 2006
TO:
Sue Filson, Executive Manager
Board of County Commissioners
FROM:
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
RE:
Resolution 2006-04
Resolution 2006-05
Resolution 2006-06
Resolution 2006-07
Resolution 2006-08
Resolution 2006-09
Enclosed please find one (1) copy of each of the documents, as referenced
above (Agenda Items #9A, #9B, #9C, #9D, #9E, and #9F) approved by the
Board of County Commissioners on Tuesday, January 10, 2006.
If you should have any questions, you may contact me at 774-8411
Thank you,
Enclosures
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9" A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prim 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
h # h 1# I hId' d
exception of the Chairman's signature, draw a line throug: routing lines 1 t rougl1 4. comp ete the c eck ist, an forwar to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder ofthe 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 ofthe addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation, All original documents needing the BCC Chairman's signature are to be delivered to the Bce office only after the Bee: has acted to approve the
item.)
Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400
Contact County Attorney's Office
Agenda Date Item was January 10,2006 Agenda Item Number 9A
Approved by the BCC
Type of Document Resolution 1- Number of Original I
Attached ~ 00& - 0 Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final neootiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licabIe.
Yes
(Initial)
N/A (Not
A Iicable)
2.
3.
4.
5,
6.
<1/
N/A
&
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1,26,05, Revised 2,24,05
9A
RESOLUTION NO. 2006-04
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT AND
REAPPOINT MEMBERS TO THE COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE.
WHEREAS, The County Government Productivity Committee was established by the
Board of County Commissioners through the adoption of Collier County Ordinance No.
91-10, as amended; and
WHEREAS, Ordinance No. 91-10, as amended, provides that the Committee shall
consist of 11 members; and
WHEREAS, the terms of six (6) members will expire creating vacancies on this
Committee; 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 COUN1Y
COMMISSIONERS OF COLLIER COUN1Y, FLORIDA, that:
1. Janet Vasey is hereby reappointed under the category of Operations Research to
the County Government Productivity Committee for a two year term, said term to expire
on February 4, 2008.
2. Steve Harrison is hereby reappointed under the category of Finance/Investment
to the County Government Productivity Committee for a two year term, said term to
expire on February 4, 2008.
3. Robert Dictor is hereby appointed under the category of General Management to
the County Government Productivity Committee for a two year term, said term to expire
on February 4, 2008.
4. Glen D. Harrell is hereby appointed under the category of General Management
to the County Government Productivity Committee for a two year term, said term to
expire on February 4, 2008.
5. Colleen M. Kvetko is hereby appointed under the category of Operations
Research to the County Government Productivity Committee for a two year term, said
term to expire on February 4, 2008.
6. Bradley A. Boaz is hereby appointed under the category of Government/Human
Resources to the County Government Productivity Committee for a two year term, said
term to expire on February 4, 2008.
9A
BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier
County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55,
relating to a limitation of two consecutive terms of office, for the purpose of
reappointment of Janet Vasey to this Committee.
BE IT FURTHER RESOLVED that James N. Coletta, as Vice Chairman to the Board of
County Commissioners, is hereby nominated as Liaison to the County Government
Productivity Committee.
This Resolution adopted after motion, second and unanimous vote.
DATED: January 10, 2006
ATTEST:
DWIGHT E BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, J. ~ . :J.'~', "..."rj i"J.~
.~"~.-. '- ~
-?>~~
By: ' .... _ "~.~:~-----
FRANK' HALAS, Chair a~'C':'=-"""'"
CitY1f,l ct:O'-'ft:ffi>t ~ oHJ, IX'
, :- ., De~uty~ ,rk
Athst ' ,IS ' .to "Gha t run' ,
S1gr\~tutt :\b~i.
Approved as to form
and legal sufficiency:
Jukd(,~
David C. Weigel
County Attorney
Item # q Pr .__
Agenda I-to /~~
Date _ IJ.'V
2
8(:.,c, - 12 i;' /{)jt,:
C~" kk'rn qA
PRODUCTIVITY COMMITTEE CANDIDATES
Applicants
Fiala
Henning
Coyle
Halas
Coletta
Total:
Douglas M. Fee 0
Joseph B. Swaia - re-appt. * * * 3
William Stiess * 1
E. Michael Brown 0
Robert Dictor * * * * 4
Glen D. Harrell * * 2
Robert DiBenedetto * 1
Steve Harrison - re-appt. * * 2
Colleen M. Kvetko * * 2
Janet Vasey - re-appt. * * * * * 5
Alan Euqene Hubbard 0
D. Joseph Donahue * * 2
Karl L. Wyss 0
Stephen Spencer * * 2
James Warnken * 1
Bradlev A. Boaz * * * * * 5
Charles E. Carr (Withdrawn) 0
(' ~ '~~/' . , ~
c~ (j(L~ IllDf a~
'.J'" Agenda Item No. 9A i-/on ~
... January 10, 2006
Page 1 of 65
fT PRODUCTIVITY
Rt c itMlb D i t'r'Cl ~
~\.fl VI\;SGY ,
s l8\J if H-ft R.l1i soN
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ty Committee.
littee has 6 terms
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le members are
" o-year term and must be
C-,o MM fSs. i' 0 N~, CO '{ L€ rs are required to possess
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ization,
arts of county
eness. The
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'as issued and
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ivity Committee
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vity Committee
98
MEMORANDUM
DATE:
January 19,2006
TO:
Kay Nell, Legal Assistant
County Attorney's Office
FROM:
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
RE:
Resolution 2006-04
Resolution 2006-05
Resolution 2006-06
Resolution 2006-07
Resolution 2006-08
Resolution 2006-09
Enclosed please find one (1) copy of each of the documents, as referenced
above (Agenda Items #9A, #9B, #9C, #9D, #9E, and #9F) approved by the
Board of County Commissioners on Tuesday, January 10, 2006.
If you should have any questions, you may contact me at 774-8411
Thank you,
Enclosures
DA TE:
TO:
FROM:
RE:
MEMORANDUM
January 19,2006
Sue Filson, Executive Manager
Board of County Commissioners
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
Resolution 2006-04
Resolution 2006-05
Resolution 2006-06
Resolution 2006-07
Resolution 2006-08
Resolution 2006-09
~
98
.iI.:.~,.
Enclosed please find one (1) copy of each of the documents, as referenced
above (Agenda Items #9A, #9B, #9C, #9D, #9E, and #9F) approved by the
Board of County Commissioners on Tuesday, January 10, 2006.
If you should have any questions, you may contact me at 774-8411
Thank you,
Enclosures
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO r 9 S
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be h,md delivered to the Board Ofijce, The completcd routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the Item,)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures. dates, and/or information needed, If the document is already complete with the
d I' th h ' I' # I h h #4 I h I kl' d fi d S 'I I
exception of the Chairman s signature, raw a me rougl routmg. mes t rougr . complete t e c lec 1st. an orwar to ue F, son ( ine #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally thc primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one oftile addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the BCC has aeted to approve the
item,
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Extension 8400
9B
Yes
( Initial)
N/ A (Not
A licable)
Kay Nell, CLA
Count Attorney's Office
January 10,2006
Agenda Item Number
,~
W
N/A
~
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1,26,05, Revised 2,24,05
Resolution
-:J
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by aU parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6.
RESOLUTION NO. 2006-05
98
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO APPOINT TOR KOLFLAT TO THE
COLLIER COUNTY PLANNING COMMISSION.
WHEREAS, Collier County Ordinance No. 91-102, as amended, the Collier County
land Development Code, repealed and replaced previous ordinances creating the Collier
County Planning Commission; and
WHEREAS, Collier County Ordinance No. 04-41, repealed and replaced Ordinance
No. 91-102, as amended, which re-established the Collier County Planning Commission;
and
WHEREAS, Ordinance No. 04-41 provides that the Collier County Planning
Commission shall be composed of nine (9) members representing the five commission
districts; and
WHEREAS, there is currently a vacancy on this Committee; 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 Tor Kolflat is hereby appointed
as a Commission District 4 representative to the Collier County Planning Commission to
fulfill the remainder of the vacant term, said term to expire on October 1, 2007.
This Resolution adopted after motion, second and majority vote.
DATED: January 10, 2006
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
i'''''' t'l.....
" .' -' . -.... ~, :
~ ~ -1
. '.,.... .
a.~
. ~ 1 CA. .~. . . '......;,'. -~. l J)C
~ ~~" Deputy. ,~k::~ f
M;tHt IItir~f/'lllll"
I tgnatty. ;~lito"
Approved as to form and
legal sufficiency:
~
BY:~~~ ...J',.,.-:;>
FRANK HALAS, h IrlfiaTl-:;:~
D~~~i~lotJ~
County Attorney
Item# 96
DA TE:
TO:
FROM:
RE:
9C
MEMORANDUM
January 19,2006
Kay Nell, Legal Assistant
County Attorney's Office
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
Resolution 2006-04
Resolution 2006-05
Resolution 2006-06
Resolution 2006-07
Resolution 2006-08
Resolution 2006-09
Enclosed please find one (1) copy of each of the documents, as referenced
above (Agenda Items #9A, #9B, #9C, #9D, #9E, and #9F) approved by the
Board of County Commissioners on Tuesday, January 10, 2006.
If you should have any questions, you may contact me at 774-8411
Thank you,
Enclosures
DATE:
TO:
FROM:
RE:
9C
MEMORANDUM
January 19, 2006
Sue Filson, Executive Manager
Board of County Commissioners
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
Resolution 2006-04
Resolution 2006-05
Resolution 2006-06
Resolution 2006-07
Resolution 2006-08
Resolution 2006-09
Enclosed please find one (1) copy of each of the documents, as referenced
above (Agenda Items #9A, #9B, #9C, #9D, #9E, and #9F) approved by the
Board of County Commissioners on Tuesday, January 10,2006.
If you should have any questions, you may contact me at 774-8411
Thank you,
Enclosures
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9 C
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ·
Print on pink paper. Attach to original document. Original documents should be hand dclivered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Offiee 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
h d r h h ' r # 1 h h #4 I I
exception of the C airman's signature, raw a me t rougl routmg mes t roug . complete the c lecklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3,
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is thc person who created/prcpared the executive
summary, Primary contact information is needed in the event one of the addressces above, including Suc 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 Bce oftiee only after the BeC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Agenda Item Number
Extension 8400
9C
Yes
(Initial)
N/ A (Not
A licable)
Phone Number
Number of Original
Documents Attached
~\
N/A
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03,04. Revised 1.26,05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval ofthe
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si 'nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5,
6.
RESOLUTION NO. 2006-06
9C
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA TO REAPPOINTMENT OF JOHN
PENNELL TO THE OCHOPEE FIRE CONTROL ADVISORY BOARD.
WHEREAS, Collier County Ordinance No. 75-6 created the Ochopee Fire District and
provides for the establishment of an advisory board; and
WHEREAS, Collier County Ordinance No. 89-98 confirmed the creation of the
Ochopee Fire District Advisory Board and provides that the advisory broad shall be
composed of five (5) members and such membership shall consist of one (1) member
from each of the designated areas; and
WHEREAS, there are currently vacancies on this Board; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Ochopee Fire Control District Advisory Committee has provided the
Board of County Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y COMMISSIONERS
OF COLLIER COUN1Y, FLORIDA, that John L. Pennell is hereby reappointed to the
Ochopee Fire Control District Advisory Committee for a two year term, said term to
expire on December 31, 2007.
This Resolution adopted after motion, second and unanimous vote.
DATED: January 10, 2006
ATIEST:
DWIGHT E. BROCK, Clerk
~ ~ . \.'; ..
BOARD OF COUN1Y COMMISSIONERS
COLLIER COUN1Y, FLORIDA
~ Q~ {)C
.,.', . ,- . ....
., ; .' ..,;1' .) " I
~ . - ~.peputyl>Cl$.r.~;~' :
Atte~t;. ., . .to :C~lt'MA . ,
'1onltitttOJtr.~'
By: ~~........
F H , I
Approved as to form and
legal sufficiency:
~-~~
David C. Weigel
County Attorney
Item # qC
Agenda l-lD 4
Date
['4it!3 \ -~q ~Cip
Rec'd
~~11t
uty erk
90
MEMORANDUM
DA TE:
January 19,2006
TO:
Kay Nell, Legal Assistant
County Attorney's Office
FROM:
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
RE:
Resolution 2006-04
Resolution 2006-05
Resolution 2006-06
Resolution 2006-07
Resolution 2006-08
Resolution 2006-09
Enclosed please find one (1) copy of each of the documents, as referenced
above (Agenda Items #9A, #9B, #9C, #9D, #9E, and #9F) approved by the
Board of County Commissioners on Tuesday, January 10,2006.
If you should have any questions, you may contact me at 774-8411
Thank you,
Enclosures
90
MEMORANDUM
DA TE:
January 19, 2006
TO:
Sue Filson, Executive Manager
Board of County Commissioners
FROM:
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
RE:
Resolution 2006-04
Resolution 2006-05
Resolution 2006-06
Resolution 2006-07
Resolution 2006-08
Resolution 2006-09
Enclosed please find one (I) copy of each of the documents, as referenced
above (Agenda Items #9A, #9B, #9C, #9D, #9E, and #9F) approved by the
Board of County Commissioners on Tuesday, January 10, 2006.
If you should have any questions, you may contact me at 774-8411
Thank you,
Enclosures
9D
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pmk paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip ,md 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, datcs, and/or intormation 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 routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the pcrson who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Suc Filson, need to contact stafftor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bce ollice only after the Bec has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Extension 8400
9D
Yes
(Initial)
N/A (Not
A Iicable)
Number of Original
Documents Attached
@
N/A
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signedlinitialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
sianature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6,
RESOLUTION NO. 2006-07
90
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO APPOINT AND REAPPOINT
MEMBERS TO THE COLLIER COUNTY DEVELOPMENT SERVICES
ADVISORY COMMITTEE.
WHEREAS, Ordinance No. 93-76, as amended, creating the Collier County
Development Services Advisory Committee, provides that the Committee shall consist of
fifteen (15) members that are residents of Collier County and include representatives
from such groups as architects, general contractors, residential or builder contractors,
environmentalists, land planners, land developers, landscape architects, professional
engineers, utility contractors, plumbing contractors, electrical contractors, structural
engineers, and attorneys; and
WHEREAS, there are currently vacancies on this Committee; and
WHEREAS, the Board of County Commissioners previously provided publiC notice
soliciting applications from interested parties; and
WHEREAS, the Development Services Advisory Committee has provided the Board
of County Commissioners with its recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y
COMMISSIONERS OF COLLIER COUN1Y, FLORIDA, that:
1. Clay Brooker is hereby reappointed under the category of Attorney to the Collier
County Development Services Advisory Committee for a 4 year term, said term to expire
on December 14, 2009.
2. James E. Boughton is hereby appointed under the category of Architect to the
Collier County Development Services Advisory Committee for a 4 year term, said term
to expire on December 14, 2009.
3. David E. Bryant is hereby appointed under the category of Attorney to the
Collier County Development Services Advisory Committee for a 4 year term, said term
to expire on December 14, 2009.
4. Reed Jarvi is hereby appointed under the category of Engineer to the Collier
County Development Services Advisory Committee for a 4 year term, said term to expire
on December 14, 2009.
This Resolution adopted after motion, second and majority vote.
DATED: January 10, 2006
c:
BOARD OF COUN1Y COMMISSIONERS
COLLIER COUN1Y, FLORIDA
By: ":::::,,,,> ~ _
FRANK HALAS, Chairma --
Item # q D
Agenda I -l6 ~
Date
A TIEST:
DWIGHT-E., BRGCX" Clerk
) "'~ ~.
1/1
'DeDtltvo Cler
~tfSt. U:'.\tc)o. 41run',
11gnat,,"onlw
Approved as to form and
1~t::U
~~
David c. Weigel ~
County Attorney
:2d \ -l q {)b
~
f 9E
MEMORANDUM
DATE:
January 19,2006
TO:
Kay Nell, Legal Assistant
County Attorney's Office
FROM:
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
RE:
Resolution 2006-04
Resolution 2006-05
Resolution 2006-06
Resolution 2006-07
Resolution 2006-08
Resolution 2006-09
Enclosed please find one (1) copy of each of the documents, as referenced
above (Agenda Items #9A, #9B, #9C, #9D, #9E, and #9F) approved by the
Board of County Commissioners on Tuesday, January 10,2006.
If you should have any questions, you may contact me at 774-8411
Thank you,
Enclosures
9E
MEMORANDUM
DA TE:
January 19, 2006
TO:
Sue Filson, Executive Manager
Board of County Commissioners
FROM:
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
RE:
Resolution 2006-04
Resolution 2006-05
Resolution 2006-06
Resolution 2006-07
Resolution 2006-08
Resolution 2006-09
Enclosed please find one (I) copy of each of the documents, as referenced
above (Agenda Items #9A, #9B, #9C, #9D, #9E, and #9F) approved by the
Board of County Commissioners on Tuesday, January 10,2006.
If you should have any questions, you may contact me at 774-8411
Thank you,
Enclosures
9E
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 documcnL Original documents should be hand delivered to the Board Office. The completed routing slip and onginal
documents are to be forwarded to the Board Oflice only aftcr the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriatc for additional signatures, datcs, and/or information needed. If the document is already complete with the
I' h h ' I' #1 h h #4 1 h I kr d f d '
exception of the Chairman's signature, draw a me t roug' routmg mes t rougt , comp etc t e c lec ' 1St, an orwar to Suc FIlson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
.,
.).
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder ofthe original document pending BCC approval. Normally thc primary contact is thc person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Suc Filson, need to contact statl'tor additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to thc BCC offiec only atler the BCC has acted to approve the
itcm.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Kay Nell, CLA
County Attorne 's Office
January 10,2006
Phone Number
Extension 8400
9E
Yes
(Initial)
N/ A (Not
A licable)
Agenda Item Number
Number of Original
Documents Attached
CR~1
N/A
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Reviscd 1.26.05, Rcvised 2.24.05
L
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate,
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2,
3,
4.
5,
6,
9E
.~
If.c
",'
RESOLUTION NO. 2006-08
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO CONFIRM THE
APPOINTMENT OF CAPTAIN ALEJANDRO CASTILLO TO THE
COLLIER COUNTY CITIZENS CORPS ADVISORY COUNCIL.
WHEREAS, the Board of County Commissioners, on November 5, 2002, adopted
Collier County Ordinance No. 2002-56 which created the Collier County Citizens Corps
Advisory Council; and
WHEREAS, Ordinance No. 2002-56 provides that the Collier County Citizens Corps
Advisory Council shall be composed of eleven (11) voting members representing
Neighborhood Watch, Community Emergency Response Team, Collier County Fire
Chiefs Association, Civil Air Patrol, Coast Guard Auxiliary, American Red Cross, Salvation
Army, Retired Senior Volunteer Program, Collier County Veterans Council, and Collier
County Business Industry; and
WHEREAS, there is currently a vacancy on this Council for a representative from
the Salvation Army; and
WHEREAS, the Chairman of the Collier County Citizen's Corps Advisory Council
received a letter from the Salvation Army nominating Captain Alejandro Castillo for
appointment to this Council.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y
COMMISSIONERS OF COLLIER COUN1Y, FLORIDA, that Captain Alejandro Castillo,
representing the Salvation Army, is hereby confirmed and appointed to the Collier
County Citizens Corps Advisory Council to fulfill the remainder of the vacant term, said
term to expire on November 5, 2006.
This Resolution adopted after motion, second and majority vote.
DATED: January 10, 2006
ATIEST:
DWIGHT E. 8ROCK, Clerk
.. -
BOARD OF COUN1Y COMMISSIONERS
COLLIER COUN1Y, FLORIDA
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Approved as to form
and legal sufficiency:
By: ~>~_
FRANK HALAS, Chairman
...
~~
County Attorney
Item # q(;
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9F
MEMORANDUM
DA TE:
January 19, 2006
TO:
Kay Nell, Legal Assistant
County Attorney's Office
FROM:
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
RE:
Resolution 2006-04
Resolution 2006-05
Resolution 2006-06
Resolution 2006-07
Resolution 2006-08
Resolution 2006-09
Enclosed please find one (1) copy of each of the documents, as referenced
above (Agenda Items #9A, #9B, #9C, #9D, #9E, and #9F) approved by the
Board of County Commissioners on Tuesday, January 10,2006.
If you should have any questions, you may contact me at 774-8411
Thank you,
Enclosures
, 9F
MEMORANDUM
DA TE:
January 19,2006
TO:
Sue Filson, Executive Manager
Board of County Commissioners
FROM:
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
RE:
Resolution 2006-04
Resolution 2006-05
Resolution 2006-06
Resolution 2006-07
Resolution 2006-08
Resolution 2006-09
Enclosed please find one (1) copy of each of the documents, as referenced
above (Agenda Items #9A, #9B, #9C, #9D, #9E, and #9F) approved by the
Board of County Commissioners on Tuesday, January 10,2006.
rfyou should have any questions, you may contact me at 774-8411
Thank you,
Enclosures
9F
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 b.: 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
Complet.: routing lines # 1 through #4 as appropriate tor additional signatures, dates, and/or intormation needed, If the document is already complete with the
exception of the Chairman's sienature, draw a line throueh routine lines # 1 throueh #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
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 oCthe addr.:ssees 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 olTIce only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Kay Nell, CLA
Count Attorney's Office
January 10, 2006
Phone Number
Extension 8400
9F
Yes
(Initial)
N/A (Not
A licable)
Agenda Item Number
Resolution
2
Number of Original
Documents Attached
@
N/A
<9
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03'(l4, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate,
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
sianature and initials are re uired.
In most cases (some contracts are an exception). the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified, Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chao es, if a licable.
2.
3.
4,
5.
6,
RESOLUTION NO. 2006-09
9F
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, TO APPOINT AND REAPPOINT
MEMBERS TO THE GOLDEN GATE COMMUNITY CENTER
ADVISORY COMMITTEE.
WHEREAS, Collier County Ordinance No. 75-4 created the Golden Gate Municipal
Services Special Taxing District and provides that the Board of County Commissioners
shall appoint three to five electors residing within the District to serve on the
Committee; and
WHEREAS, the terms of two members have expired creating vacancies on this
Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Committee has provided the Board of County Commissioners with its
recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y COMMISSIONERS
OF COLLIER COUN1Y, FLORIDA, that:
1. Kaydee Tuff is hereby reappointed to the Golden Gate Community Center
Advisory Committee for a 2 year term, said term to expire on December 31, 2007.
2. W. James Klug, III, is hereby appointed to the Golden Gate Community Center
Advisory Committee for a 2 year term, said term to expire on December 31, 2007.
BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier
County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55,
relating to a limitation of two consecutive terms of office, for the purpose of
reappointment of Kaydee Tuff to this Committee.
This Resolution adopted after motion, second and majority vote.
DATED: January 10, 2006
ATIEST;' :':. "
DWIGJtFr '1;:.' 'BR(j(:K,~~rerk
. .J '., '..~ ':
.~. ,- ,'" .
" ,!.~ :~) : ,c>_: ~
BOARD OF COUN1Y COMMISSIONERS
COLLIER COUN1Y, FLORIDA
~.
[;C
By: _~~ J'
FRANK HALAS, Chairman
Deputy.tter
Irttest &I to Cha 1 run' ,
,tvnlturt onl"
Approved as to form and
IJ::~
David C. Weigel
County Attorney
Item # q \=="
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100 ·
Memorandum
DATE:
January 27, 2006
,'\
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TO:
Sheree Mediavilla, Senior Analyst
Risk Management Department
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FROM:
John Curr~n41
Purchasin;;7A;ent
RE:
Review ofInsurance for: 06-3922 "Pump Stations 109 & 113
Improvements"
Douglas N. Higgins, Inc.
This Contract was approved by the BCC on January 10, 2006, Agenda # 10.D
Please review the Insurance Certificate in this Agreement for the referenced Contract. If
everything is acceptable, please forward to the County Attorney for further review and
approval. I would appreciate it if you would advise me when it has been forwarded.
[fyou have any questions, please contact me at 417-6098.
cc: Sandy Sridhar, PUED
ITEM NO.:
!c Q:-Orlt
1,,(JLJNTY,llTTORNf::,
DATE RECEIVl)f~' I ., '.
LilUb ,)/)" 27 PH l,. 0 I
.,
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE TillS LINE
REQUEST FOR LEGAL SERVICES
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Date:
January 27,2006
To:
Robert Zachary
Assistant County Attorney
From:
John curra1iii
Purchasing Agent
239/417-6098
Re:
Contract #06-3922 "Pump Stations 109 & 113 Improvements"
Contractor: Douglas N. Higgins, Inc.
BACKGROUND OF REQUEST:
. contract was appro by
genda Item: 10.D
1 em een previously submitted.
Fe.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any ;;l;~':;::C'
concerning the document, please contact me. Purchasing would a;'::',~~;..:c
notification when the documents exit your office. Thank you.
100
.
MEMORANDUM
DATE:
February 8, 2006
TO:
John Curran, Purchasing Agent
Purchasing Department
FROM:
Ann Jennejohn, Deputy Clerk
Minutes and Records Dept.
RE:
Contract #06-3922
Pump Stations 109 & 113 Improvements
Contractor: Douglas N. Higgins, Inc.
Enclosed are three (3) original documents, as referenced above (Agenda
Item #10D), approved by the Board of County Commissioners on Tuesday,
January 10, 2006.
Kindly forward the documents to the appropriate parties for their
records. The Finance Department and Minutes & Records Department have
their copies.
If you should have any questions, you may contact me at 774-8406.
Thank you,
Enclosures (3)
Pump Stations 109 & 113 Improvements
COLLIER COUNTY BID NO, 06-3922
COLLIER COUNTY, FLORIDA
Design Professional:
Q. Grady Minor and Associates, P.A.
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
100
,
100
.
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Q Grady Minor and
Associates, PA and identified as follows: Pump Stations 109 &
113 Improvements as shown on Plan Sheets 1 through 16.
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
100
.
PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Pump Stations 109 & 113 Improvements
COUNTY BID NO. 06-3922
Separate sealed bids for Pump Stations 109 & 113 Improvements, 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 9th day of December,
2005, at which time all bids will be publicly opened and read aloud. Any bids received
after the time and date specified will not be accepted and shall be returned unopened to
the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 18th
day of November, 2005, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project. All Bidders shall submit all
questions via email toJohnCurran@collierqov.net. No questions will be accepted after
November 28, 2005 @ 3:00PM. All questions will be answered in an Addendum that will
be issued on November 30, 2005 to all plan holders.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Pump Stations 109 & 113 Improvements Bid No, 06-3922
and Bid Date of December 9,2005". No bid shall be considered unless it is made on an
unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-
P-1 through GC-P-12) shall be removed from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing
Department, upon payment of $25.00 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-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft Myers, FL 33916
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
GC-PN-1
100 ·
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attomey.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within One
Hundred and Fifty (150) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 10th day of November, 2005.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell
Purchasing/General Services Director
GC-PN-2
100
.
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
GC-IB-1
100 ·
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
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 one hundred and twenty (120) day period without
selecting any or all alternates, the Owner shall retain the right to subsequently award to
the Successful Bidder said alternates at a later time but no later than one hundred and
twenty (120) days from opening, unless otherwise agreed by the Purchasing Director
and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-IB-2
100
.
Section 5. Signing of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature,
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid. .
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-IB-3
100
.
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reauirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
GC-IB-4
100
.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Drawings, 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 Drawings as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
GC-IB-5
100
.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an intemal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding any1hing in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor( s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
GC-IB-6
100
.
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
GC-IB-7
laD
.
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pump Stations 109 & 113 Improvements
BID NO. 06-3922
Full Name of Bidder Doug/a) N lfl~YIV7S. me,
Main Business Address 3Jtl {) T("~ Vi') folf'! Ie ~d. J vile. It lh1il/fr Wt; rl1i 4% fuf
Place of Business J.~g7 Ti!W110VYlI Itai! (o.J t M.p/t'c,--B3'/.1/L
Telephone No. "t7'f) 17~ -31-3'( Fax No. (7..1'1) Tl/f-((L([u,
State Contractor's License # C6'-[ 01.f Of 6 (1
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Addendum
Number
Date Issued
Contractor's
Initials
Bidder proposes, and agrees if this Sid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Sid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your
bid pages.
GC-P-1
Pump Station 109
Pump Station 113
BID SCHEDULE
Pump Stations 109 & 113 Improvements
Bid No. 06-3922
laD
.
$ 814,027.00
$ 42301300
TOTAL BID $ 1.237.040.00
GC-P-2
100
.
MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall fumish 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.
lvrh {) t;
/
Sewn"v r:ZMt
/
rT-r F/ '1(, /
1/v sid':: v (('in, (7 ""i"Me ;;+)
2.
3.
4.
5,
Dated Dc ce Vv1 W 4, UXfJ
BY:
DO~I{(S N, ~ij,15, Jf1(l
Bi er '
~ C\.GU~ . .
K.d I~ A VV Iklc ( VII)" .P(es:/cLVlr
GC-P-3
100
.
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
1.
CateQorv of Work
;: /ec/t''''A !
Subcontractor and Address
2.
SP'''j;:,py C oyf
r?ulf 5-h1rf5 2-vc,
,
1Y'j7 it' < .,cl-
,
Ch/l 'c/ L"":- G 1/1 0 ~p rvJj
I /
)4/"//1/>17"),'''''' R ,::U'l/'/
3.
4.
5.
Dated Dc cevYI bu 4, ~00'7
[buell as N l~ C)C)iVJ5 I JYlC
Bidder
BY:
K.e-~
k. ( ! /
CI &u~l~(
Ii {V,/Klc" VI{( -/rmc/errl
,
GC-P-4
100
.
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
1.
[diu GJ.1( ul
2.
3.
4.
5.
6.
BY:
DOUG Ius N, Ht (JUl;vIS, ']j1l: .
Bidder 7J
[~ t'\. LHJA0L
/<t il~ A WI) /) lei V,u ~v((> IJC.f1 j
Dated DeCUYlb6v {'j UK.";
GC-P-5
Project:
Owner:
Engineer:
Contract Amount:
Contract Date:
Completion Date:
Description:
DOUGLAS N. HIGGINS, INC.
EXPERIENCE STATEMENT
FLORIDA PROJECTS
lmmokalee Florida Specialties Ditch Enclosure
Contract # 04-3612
DNH Project #970-03
Collier County Transportation Services Division
Stormwater/Road Maintenance Department
2685 South Horseshoe Drive, Suite 212
Peter Heyden, P.E.
(239) 213-5859
Agnoli Barber & Brundage, Inc.
7400 Tamiami Trail North, Suite 200
Naples, FL 34108
John H. Boldt, P.E. P.S.M.
(239) 597-3111
$515,93 I.50
May 2004
August 2004
****************************
Installation of 600 LF of 5' x 15' Box Culvert and 500 LF of annor mat.
t'rojecl:
Owner:
Engineer:
Contract Amount:
Contract Date:
Completion Date:
Description:
Palm Street Oulfall
Contract # 02-3345
DNH Project #960-03
Collier County Transportation Services Division
Stormwater/Road Maintenance Department
2685 South Horseshoe Drive, Suite 212
Jerry Kurtz, P.E.
(239) 213-5853
Collier County - Owner Engineered
$594,525.00
February 2004
June 2004
100
.
Installation of 1000 LF of 60" Storm Sewer and 500 LF of Box Culvert, including seven structures.
****************************
Project:
)wner:
Engineer:
Contract Amount:
Contract Date:
Completion Date:
Description:
Western Interconnect Phase 2
Contract # 03-3545
DNH Project #940-03
100
.
Collier County
Public Utilities Engineering Department
3301 East Tamiami Trail, Building H
Naples, FL 34112
Ron Dillard, P.E.
239-530-5338
Hole Montes, Inc.
950 Encore Way
Naples, Florida 34110
Michael Clough, P.E.
239-254-2000
$1,765,295.00
October 2003
August 2004
Installation of a new sanitary forcemain and two lift stations.
****************************
Project:
Owner:
Engineer:
Contract Amount:
Contract Date:
Completion Date:
Description:
Reuse Water Service System Connections Phase 2
Contract # 03-3560
DNH Project #950-03
Collier County
Public Utilities Engineering Department
3301 East Tamiami Trail, Building H
Naples, FL 34112
Ron Dillard, P. E.
239-530-5338
Hole Montes, Inc.
950 Encore Way
Naples, Florida 34110
Michael Clough, P.E.
239-254-2000
$577,000
January 2004
August 2004
Installation of a seven Reuse Water Service System Connections including assemblies and all electrical
work.
****************************
Project:
Naval Air Station ~ Repair Storm Water & Sanitary Sewer Systems
Contract N62467 -03-0282
DNH Project #825-03
-- NAF, Key lstO 0
.
)wner:
U.S. Department of the Navy
P.O. Box 9018
NAF, Key West, FL 33040
Jeannette Sweeting, Supervisor Contract Specialist
(305) 293-2841
David Franklin
(843) 820-5733
Contract Amount:
$3,654,654.00
Contract Date:
November 2003
Completion Date'
December 2004
Description:
Remove, Replace, Install new Storm Water & Sanitary Sewer Systems on various Naval Properties
...........................................................................................
Project: North Andrews Gardens Neighborhood Improvements Project
Bid Package No.5
BCOES Project #1146/8409
DNH Project # 1300
Owner:
Broward County Board of Commissioners
liS South Andrews Avenue
Fort Lauderdale, FL 33301
Contract Amount:
$9,779,615.80
Engineer:
Miller, Legg & Associates, Inc.
Patrick MacGregor, Project Manager
Completion Date:
Project:
Fall 2003- comoleted on time and within the awarded contract amount
Robert Gabriel Apartments ~ Site "A". Site "B" and Site "C"
The Housing Authority of the City of Key West
DNH Project #777 -02
Owner:
The Housing Authority of the City of Key West
Contract Amount:
$270,500.00
Completion Date:
November 2002
********
Project:
Naval Air Station ~ Replace Sewer ~ Trumbo Point ~ NAF, Key Wes1
Contract N62467-01-X-0387
DNH Project #880-0 I
Owner:
U.S. Department of the Navy
P.O. Box 9018
NAF, Key West, FL 33040
Jeannette Sweeting, Supervisor Contract Specialist
(305) 293-2841
Contract Amount:
Completion Date:
$1,859,155.00
November 2002
*******
Project:
)wner:
Engineer:
Contract Amount:
Completion Date:
*******
Project:
Owner:
Engineer:
Contract Date:
Contract Amount:
Project Description:
Completion Date
*******
Project:
Owner:
Contract Amount:
~ompletion Date:
********
Sanibel Sewer System Expansion Project Phase 2B
DNH Project # 1200-0 I
100
.
City of Sanibel
Utilities Department
800 Dunlop Road
Sanibel, FL 33957
City of Sanibel
Utilities Department
800 Dunlop Road
Sanibel, FL 33957
$4,572.036.97
October 2002
Sanitary Sewer Rehabilitation for Service District F & G
DNH Project #1125-00
City of Key West
525 Angela Street
Key West, FL 33040
David Fernandez (305) 292-5600
CH2M Hill
3011 S.W. Williston Road
Gainesville, FL 32608-3928
Joe Castronovo (352) 335-7991
July 7, 2000
$6,994,597.15
Installed approximately, 23,550 L.F. of8", 1,870 L.F. of 10",1,625 L.F. of 12",2,325 L.F. of 15" and 45
L.F. of20" of sanitary sewer and related appurtenances.
October 2002
Naval Air Station - Lift Station Transmitter System- Sigsbee Park - NAS, Key West
Contract N62467-01-C-2766
DNH Project #880-0 I
U.S. Departmen1 of the Navy
P.O. Box 9018
NAF, Key West. FL 33040
Jearmette Sweeting, Supervisor Contract Specialist
(305) 293-2841
$529,514.50
September 2002
Proj ect:
Owner:
Contract Date:
Contract Amount:
Completion Date:
*******
Project:
Owner:
Contract Amount:
Completion Date:
-'1******
t'roject:
Owner:
Engineer:
Contract Date:
Contract Amount:
Completion Date:
*******
Project:
Owner:
General Contractor:
ontract Amount:
Completion Date:
********
100
.
Interior Electric Renovation at East Martello Tower
Momoe County, FL
DNH Project #840-02
Momoe County, Florida
August 21, 2002
$69,000.00
September 2002
Naval Air Station- Replace Sewer - Truman Annex - NAS, Key West
Contract N62467-01-X-0370
DNH Project #825-01
U.S. Department of the Navy
P.O. Box 9018
NAF, Key West, FL 33040
Jeannette Sweeting, Supervisor Contract Specialist
(305) 293-2841
$1,276,321.00
August 2002
Irrigation Upgrades for Naples Memorial Gardens
DNH Project #810-02
Naples Memorial Gardens
Conestoga-Rovers & Associates
March II. 2002
$167,326.75
August 2002
Construction ofS.R. 45 (US41) from Gulf Dr. to Immokalee Road (CR846) and from Immoka1ee Road to
CR887. Naples, Florida
DNH Project #975-00
Florida Department of Transportation
APAC-Florida, Inc.
14299 Alico Road
Fort Myers, FL 33913
$1,604,968.50
May 2002
Project:
Owner:
Contract Date:
Contract Amount:
Completion Date:
*******
Project:
Owner:
Engineer:
Contract Date:
Contract Amount:
Project Description:
Completion Date:
*******
Project:
Owner:
Contract Date:
Contract Amount:
--:ompletion Date:
*******
100
.
Limestone Creek Phase II-A
Palm Beach County, Florida
DNH Project #980-01
Palm Beach County, Florida
Engineering Services Division Office
160 Australian Avenue, Suite #503
West Palm Beach, FL 33406
Charles Rich, P.E.
April 17, 2001
$436.658.70
April 2002
Sanitary Sewer Rehabilitation for Service District C
DNH Project #1025-99
City of Key West
525 Angela Street
Key West, FL 33040
David Fernandez (305) 292-5600
CH2M Hill
3011 S.W. Wi\liston Road
Gainesvi\le, FL 32608-3928
Joe Castronovo (352) 335-7991
January 5, 2000
$6,291,463.36
Installed approximately 425 L.F. 01'6", 25,050 L.F. 01'8",425 L.F. of 10",1,700 L.F. of 12", 400 L.F. of
15" and 1,350 L.F. 01'20" of sanitary sewer and related appurtenances.
March 2002
Waterworks Improvements - Port Royal Pump Station
Project #2000.003
DNH Project #1070-00
City of Naples, Florida
735 Eighth Street South
Naples, FL 34102
September 6, 2000
$1,851,352.02
March 2002
."_ Projec1:
Owner:
Contract Amount:
Completion Date:
Project Description:
*******
Project:
Owner:
jngineer:
Contract Amount:
Completion Date:
*******
Project:
Owner:
Contract Date:
Contract Amount:
********
Potholes for 10" Water Main
Marco Island, Collier County
DNH Project # 1220-02
Florida Water Services
4110 Center Pointe Drive, Suite 204
Fort Myers, FL 33916
Joe Zawacki (941) 278-5050
$7,800.00
March 2002
Located 24 Potholes for 10" WM trom Lime Plant to Old Marco Lane
Henderson Creek Interconnect
Marco Island, Collier County
DNH Project # 1200-0 I
Florida Water Services
1000 Color Place
Apopka, FL 32703
Jan Spry
(407) 880-0058
Florida Water Services
P.O. Box 609520
Orlando, FL 32860
(407) 880-0058
$77 ,000.00
February 2002
City of Key West - General Lateral Services Contract 2001-2002
DNH Project 1325-01
City of Key West, Florida
1400 Venetian Drive
Key West, FL 33040
Charles Stepheson
2001-02
Various Dollar Amounts for Individual Projects
100
..
.
Project:
Owner:
Engineer:
Contract Amount:
Completion Date:
Project Description:
*******
Project:
Owner:
Engineer:
Contract Date:
Contract Amount:
Completion Date:
*******
100
"'!fI~ .~
Mt'i .
,
Seawall Replacement
Marco Island, WWTP, Collier County
DNH Project #1210-01
Florida Water Services
1000 Color Place
Apopka, FL 32703
Jan Spry
(407) 880-0058
Florida Water Services
P.O. Box 609520
Orlando, FL 32860
(407) 880-0058
$156,950.00
December 200 I
Replace Seawall at Marco Island WWTP
City of Key West Pwnp Station A Rehabilitation and Force Main
DNH Project #01-1225
City of Key West
525 Angela Street
Key West, FL 33040
David Fernandez (305) 292-5600
Allen Perez, P.E.
(305) 292-0642
March 23, 2001
$941,759.00
December 200 I
Project:
)wner:
Engineer:
Contract Date:
Contract Amount:
Completion Date:
Project Description:
*******
Project:
Owner:
Engineer:
Contract Date:
Contract Amount:
Completion Date:
********
Project:
Owner:
Contract Date:
~ontract Amount:
Project Description:
Completion Date:
100'1*.
Everglades City- Pleasure Island
DNH Project #700-0 I
City of Everglades City, Florida
207 Broadway
Everglades, FL 34139
Anchor Engineering Consultants, Inc.
1520 Royal Palm Square Boulevard, Suite 200
Fort Myers, FL 33919
Contact: Richard Lewis
Phone: (941) 936-4003
$296,831.25
October 200 I
Installed 16 Simplex Grinder Pump Stations, 2,566 L.F. of 1-1/2". and 2" Force Main, 1,806 L.F. of Water
Main and other related appurtenances.
Everglades City- Public Works Storage Building
DNH Project #710-0 I
City of Everglades City, Florida
207 Broadway
Everglades, FL 34139
Anchor Engineering Consultants, Inc.
1520 Royal Palm Square Boulevard, Suite 200
Fort Myers, FL 33919
Contact: Richard Lewis
Phone: (941) 936-4003
January 12, 2001
$110,560.00
June 200 I
Collier County - Goodland Culvert Improvement
Purchase Order #0072 81
DNH Project #760-01
Collier County Government
Board of County Commissioners
P.O. Box 413016
Naples, FL 34101-3016
September 16, 2000
$178,000.00
Install (4) Reclaimed Water Motor Operated Valves at the South County Water Reclamation Facility.
May 2001
*******
Project:
Owner:
Engineer:
Contract Date:
Contract Amount:
Completion Dale:
*******
Proj ect:
Owner:
General Contractor:
Lontract Amount:
Completion Date:
Project Description:
*******
Project:
Owner:
Contract Date:
Contract Amount:
Completion Date:
Project Description:
******
100
.
Basin VI Drainage Improvements
Project #6680-24619
DNH Project #970-00
City of Naples, Florida
735 Eighth Street South
Naples, FL 34102
Camp Dresser & McKee
November 24, 1999
$3,111,455.00
Spring 200 I
Indigo Lakes
Collier County, Florida
Subcontractor to Guyman Contraction
DNH Project #1000-00
Collier County, Florida
GUYMAN Construction
5686 Youngquist Road
Fort Myers, FL 33912
$37,939.00
November 2000
1nstalled 1,036 LF of 18" RCP and 35 LF of 42" RCP, 1 Lift Station Wetwell and Valve Vault, 446 LF of
8" SDR and related appurtenances.
Clam Bay Interior Channel Construction Phase II
DNH #790-00
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
Contact: Kyle Lucas
May 2000
$99,703.07
October 2000
Dug Channels in Clam Bay to nourish cypress trees
100
.
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
1.
~o 1/;';,/
/
5/'vr/;';y / S/'"ctir'Ci
/ I
2.
3.
4.
5.
Units of
Measure
(LF.SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
Lr
$/ v v'
t; r:Ou. .~ v
200
SF
./.1/ ,r;. A-"
/ lJ' vJO. .'~'
,
/000
TOTAL
$ /S 200_"'''
.
Failure to complete the above may result in the Bid being declared non-responsive.
Dated D(ce~}1 btr q, 20th Y~~~;r N ifI ggiV}~, ~Jt'lC '
BY: 1hJJcu... i/
Ii, W,! Let / Vii,.{' -I'~(~ d,1 ej/! /-
GC-P-6
100 ·
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within One Hundred (100)
consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within One Hundred and Fifty (150) consecutive calendar
days after Substantial Completion, computed by excluding commencement date and
including the last day of such period.
Respectfully Submitted:
State of
County of
_ Vv j j 1<, , being first duly sworn on
ys that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
U I , also deposes and says
that it has examin and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
GC-P-7
100 ·
(a) Corporation
The Bidder is a corporation organized and existing
~ I U'll&tlV\.,. which,. operates under
uWJljo.> IV. /11 !J1i>I" ]AIC .
officers are ~ follows: .
president_VDl.A~L\) I~. !-{1(3'c'jnJ:)
Secretary 12.. S ~lZ.{H)V}e j-/t;lvv' CDV'
Treasurer R .)~IL.ti t }vlt I !cVI/V k.. ,>V
V I C < '(i is, d e~1 t I I. iI ( +
Manager )CU\I tiN. .'&1.', 01./ IICI 1'1"1 D ~ lctJ'rT:>, ,Ja yY)c~ rr,)VVee /
keV,i1 L,. (~1VV,( tis~}'l f hdllj'f\ liJ.lk.(
The i '( S I {C:Vi f is authorized to sign construction bids
and contra s for th!'l company by action of its Board of Directors taken
(via y 1"1, lUj? , a certified copy of which is hereto attached (strike
out this lasf sentence if not applicable).
under the laws of the State of
the legal name of
, and the full names of its
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED ycc..tn1 U.A" (1 . lDU5
Pnc~/a{ N thcn V1S, ]:n(l.
legal e. ty."
GC-P-8
100 ·
~{~
Witne3SJ iJ\ vlq ~oW Ivle
~~~.
"WItness U ill 111{ s ) wee r
BY: .{ IGiS N. j, iVD, J~
Name f Bidder (Typ
!t..e.J),AA a W.,LfUk.
Signalu;e- D
VI f:t -f!t'(<::jJcnl
Title
STATE OF -MI U119U:/I)
COUNTY OF VV.1\ilk>i1?l\V
The foregoing instrument was acknowledged before me this "I Wl day of bee Ol't] kf ,
2005, by U /[I.:j A. LU,It.u , as ill it - i"'y(',>/r1vv/t
of lA)o~14S N. "~1.fdfl//}) J+'1c. , a MICVJ/lfV>1 corporation, on
behalf of e corpora' . He/she is~sonally known to me or has produced
-, as identification
and did (did not) take an oath.
~
11. e\JZANNIE H.~W!<ER
Nr,I.:1IV Fi{~;,:(;, VJi~_;ht.?n~'.w .county, MI
"lit YQnlllik%iQn t.:xplres Mar7, 2011
NAME:
>f'~~ ~~IA-
(Signatur of Notary)
)Z. 5tA2t1i1V!e f!rLWf.,CV
(Legibly Printed)
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Notary Public, State of /11 lei! 'CjC!YI
Commission No.:
GC-P-9
100 ·
CERTIFICATE OF SECRETARY
The undersigned, being the duly elected secretary of
Douglas N. Higgins, Inc., a Michigan corporation, hereby
certifies that the following resolution was duly adopted by
the Board of Directors of said corporation at a meeting held
on
May 15, 2005
and that said resolution is in full
force and effect:
"RESOLVED, That the following listed persons
are hereby authorized to execute, on behalf of
Douglas N. Higgins, Inc., any and all contracts and
documents. II
Douglas N. Higgins
rjJ~,
iJ}/ L
1
jJARDIV
?~/~
~AlI ~
Ctw~
Daniel N. Higgins
William D. Higgins
Kevin E. Schwiderson
James H. Sweet
Kelly A. Wilkie
.K' ...dtt1/)~ ~.u~..c
R. Su~nne Hawker
Secretary
Dated:
May 15, 2005
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
100
.
(850) 487-1395
,f
'HIGGINS, DANIEL NORMAN
DOUGLAS N HIGGINS INC
3390 TRAVIS POINTE ROAD
SUITE A
ANNN ARBOR MI 48108
STATE OF FLORIDA
DEPARTMENT OF
PROFESSIONA'L
AC#157195c:
BUSINESS AND
,REGULATION
IS CERTIFIED under the provisions of ch.489 FS;
Expiration .ate, AUG 31, 2006 L04082701540
DETACH HERE
ST ATEOF FLORIDA
DEPARTMENT OF BUSINESScAND'PROFESSIONAL REGULATION
. CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L04082701540
....... .. ......".-. ',' .... .,....,.,
..._",_ .0. _'_"" _",_",.", ,_
~... ...... --- ...... .. -- '-. ',.. ",
OB' 27'2004'040195365
The' GENERAL. CONTRACTOR
Named below IS CERTIFIED
Under the provisions of
Expiration date.: AUG 31,
rlIGGINS, DANIELe NORMAN
DOUGLAS NeHIGGINSiINC
3390 TRAVIS POINTE ROAD
SUITE A
ANNN ARBOR MI 48108
JEBBUSH
, GOVERNOR
DIANE CARR
SECRETARY
100
.
Douglas N. Higgins, Inc
3390 Travis pointe Rd
KNOW ALL MEN BY THESE PRESENTS that we Ann Arbor, MI 48108
H'rtfOfd~.":' ',Co. (herein after called the Principal) and
PUllO(3l101
Troy, MI 4QI1 ,
(herein called the Surety), a d9~8MNon chartered and existing under the laws of the
State of cr with its principal offices in the city of Hartford. cr
and authorized to do business in the State of FL are held and
firmly bound unto the l'an:d of G:rnty Cmmissi= Collier Cunty, FL
(hereinafter called the Owner), in the full and just sum of
five percent of attached bid dollars ($ ~% )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
BID BOND
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as
Pump Stations 109 & 113 Improvements
Bid No. 06.3922
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $_ noted above as liquidated damages, and not
as a penalty, as provided in the Bidding Documents, then this obligation shall be null and
void, otherwise to remain in full force and effect.
GC-P-10
100
.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 9th day of December , 2005.
Douglas .. Riggins, Ine
3390 Trayis Point. Ho
ann arhnr MY 4A10P
Principal
BY
ti UJ:../CU.
A cv/t,u v:u-fus.,drJ.1i
L
(Seal)
Ie II
HartfordAccidilll&
PO
Troy, MI 48JII1
ROO 872 8303
Countersigned
I*\,
d
Surety
vtcki P. Gardner
Attorney in Fact(Seal)
Dale A. Be!is
Flfulsident Agent
MiaIIi. Ii 3.lIn - 3lI5 S9t 0000
Local Resident Producing Agent for
iOlrt!GI,j ACCIdent & lodeauHtvr.n
"II [jux ::1001
'oy Mi 48007
FllnR7?Srm~
GC-P-11
POWER OF ATTORNEY
Direct Inquiriel/Q IJ '..
THE HARTFORD
BOND, T-4
690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
Agency Code: 35-350851
.
"NOW ALL PERSONS BY THESE PRESENTS THAT:
~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
CK:J Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
CK:J Hartford Accident and Indemnity Company, a corporation duly organizeu under the laws of the State of Con necli cut
c=J Hartford Underwriters Insurance Company, a corporation duly organized under the lav,'s or tile State of Connecticut
D Twin City Fire Insurance Company, fl corporation duly organized under the laws of the State of Indiana
D Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
c::J Hartford Insurance Company of the Midwest, a corpor<ltion duly organized under the laws of the St<lte of Indiana
D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Dan Hines, Stephen Dobson, Vicki P. Gardner
of
Ann Arbor, MI
their true and lawful Attorney(sHn.Fact, each In their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the
Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by
its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm
that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
/!1."""~
,.. l~"..
...
-_...
.", .. ~
\\~,
"'~";S~'
,aB~,~
~ :~~~~
; ,.,t<'.,.....r~\i\
li 19"'7~ ri
:':";:'';'''-:$'
J."...
~~
Paul A. Bergenholtz, Assistant Secretary
Colleen Mastroianni, Assistant Vice President
STATE OF CONNECTICUT}
ss. Hartford
COUNTY OF HARTFORD
On this 25th day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did
depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals: that they were so affixed by authority of the Boards of Directors of said corporations and that she signed
her name thereto by like authority
j'\ <-/::.' /)
,.<__~)r..r$ c. /=.A___.
Sco1t E. Paseka
NotarYPtlblic
My Commission Expires OCLober 31,2007
I, the undersigned, Assistant Vice President of the Companies, 00 HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of December 09, 2005
Signed and sealed at the City of Hartford.
.
/!1.'''''~~
g,.......
--.
\%~..I~"1' II
\....~:;~.,";;\?
-
7~ ~;-;r-
Yves Cantin, Assistant Vice President
POA20U3
100
.
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4, The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
g, The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
06-3922
Pump Stations 109 & 113 Improvements
December 9th, 2005
12. The Bid will be mailed or delivered in time to be received no later than the
specified oDeninq date and time. (Otherwise Bid cannot be considered,)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
r)(){)~CiJ
Bidder N e
N
Ifl~5;VI,) ,-J.j7C,
ViU'-f}t:;J c0"d
k..P~~ Ij, fAkL/O..(
Signature Title
DATE: PetC/lori/XI 1, 2fXY:;
.
GC-P-12
100
.
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with Douglas N. Higgins, Inc., ("Contractor") of
2887 Tamiami Trail East, Naples, FL 34112, a Michigan Corporation authorized to do
business in the State of Florida, to perform all work ("Work") in connection with Pump
Stations 109 & 113 Improvements, Bid No. 06-3922 ("Project"), as said Work is set forth
in the Plans and Specifications prepared by Q. Grady Minor and Associates, P.A., the
Engineer and/or Architect of Record ("Design Professional") and other Contract
Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: one million, two hundred thirty-seven
thousand, forty dollars and zero cents. ($1,237,040.00)
GC-CA-1
100
.
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within One Hundred (100) calendar
days from the Commencement Date (herein "Contract Time"). The date of Substantial
Completion of the Work (or designated portions thereof) is the date certified by the
Design Professional when construction is sufficiently complete, in accordance with the
Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. Contractor shall achieve Final Completion
within One Hundred and Fifty (150) calendar days after the date of Substantial
Completion. Final Completion shall occur when the Agreement is completed in its
entirety, is accepted by the Owner as complete and is so stated by the Owner as
completed. As used herein and throughout the Contract Documents, the phrase
"Project Manager" refers to the Owner's duly authorized representative and shall mean
the Division Administrator or Department Director, as applicable, acting directly or
through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
GC-CA-2
100
.
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, One Thousand Two
Hundred and Sixteen Dollars and Forty Two cents ($1216.42) for each calendar day
thereafter until Substantial Completion is achieved. Further, in the event Substantial
Completion is reached, but the Contractor fails to reach Final Completion within the
required time period, Owner shall also be entitled to assess and Contractor shall be
liable for all actual damages incurred by Owner as a result of Contractor failing to timely
achieve Final Completion. The Project shall be deemed to be substantially completed
on the date the Project Manager (or at his/her direction, the Design Professional) issues
a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
GC-CA-3
100
.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
Accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits IncorDorated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Tech n ical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Q Grady Minor and
Associates, PA and identified as follows: Pump Stations 109 &
113 Improvements as shown on Plan Sheets 1 through 16.
Contractor's List of Key Personnel
Stored Materials Record
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
GC-CA-4
100
.
Sandy Sridhar, Project Manager
Collier County Public Utilities Engineering
3301 East Tamiami Trail
Building H
Naples, FI34112
Tel: 239-530-5345
Fax: 239-530-5378
Email: SandvSridharCiilcollieraov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Ms. Kelly A. Wilkie, Vice-President
Douglas N. Higgins, Inc.
2887 Tamiami Trail East Suite 1
Naples, FL 34112
Tel: 239-774-3130
Fax: 239-774-4266
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
GC-CA-5
100
.
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assians.
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 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aareement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severabilitv.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
GC-CA-6
100 ·
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
****
GC-CA-7
100 ·
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
TWO WITNESSES:
c~H~
FIRS'T WITNESS
James 1-1. Swee t
ype/Print Name
. ~
SEC D WI SS
DOt v,d J. W,/r./t...
Type/Print Name
Douglas N. Higgins, Inc.
By: ;<~ a.W~
Ke' ~ /I . Wi It-,Ie VI (.f-/ PreS! dOl-)
Type/Print Name and Title
Date: d - g - Dip
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
0>~___
F c."n~(H(1.1as 1 Cha ";_::-man
BY:
ATTEST:
Dwight E. Brock, Clerk
BY: ~/~". {J.e.
~tI,t~, ChI. "
Apprc!J.~.!k
and Legal Sufficiency:
( ~CIe~{1;JjjrrM1u2-
Assistant County A torney
Item # .LQ..b...
Agenda \ -lO - alp
Date
~:d J,- ~.Olo
~., '.o-c..
~1ertJ ()
GC-CA-8
100
.
EXHIBIT A
PUBLIC PAYMENT BOND
Pump Stations 109 & 113 Improvements
Bond No. 35BCSDO 8199
Contract No. 06-3922
KNOW ALL MEN BY THESE PRESENTS: That
Douglas N. Higgins, Inr
3390 TT~vi~ Point@ Rd
ADn Arbor, HI 48108 ,
as Principal,
11,r!f,,~ Ae~ai81a" lllL
and PO 80x 3001 , as
Surety, located at Troy, MI 48007
(Business Address) ~EM1~n~ fi,rmly bound to ~ of Can~siCXEJ:'S Collier- Canty, FL
as Obligee in the sum of 002 onIUm 00 hnJrej thirty SE'\181 torty arr:l CXJ/1CXJ
($ 1,237,040.00 ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the 11th day of
January, 2006 ~,with Obligee for #06 3922 Pump Stations 109 and 113 Improvements
in Collier Countv. FL accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
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 13th
day ofJanuary 2006 ~the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC-CA-A-1
100
.
Signed, sealed and delivered
in the presence of:
PRINCIPAL
Iloaglas .. Riggins, I nr
)390 TraYis Point. Rc
ADD Arbor, NJ 48106
Witnesses a
BY:
NAME:
ITS:
f<,~c( _W~
. i'1 rt, {AJ/lKIC::/
tit (.. e. - If ~s I rJe//lt
STATE OF MiChl qcV1
COUNTY OF U.)(\ \ r1kVlt/,u)
The foregoing instrument was acknowledged before me this 1/141 day of JanlJ{U1j
20lU., by l<P[[i.4-H./;(),If::ID ,as V,U-f/-€5td41+ of
u I IV, 111. lV~5 J1 C ,a ;tlilA''/~CU-~ corporation, on behalf of the
corporatio . He/sh~ is rsonally known 10 me 0 has produced as
identification and did (di9.Jl9t) take an oath.
My Commission Expires: .,'w Wi':,'I'!'!
f" (:',\71","',;-,,:. t . ,,,~ty NIl
...', ..... """""'1
\,,(1;'.)', I, ",' '." r;l(,\r"( I ~JI
. . - ..-.. ,., __,~' ..",f,
i\!\'j' l,j,~",~" ....~
NAME:
K ~ifM-L~
(Signatur of Notary)
f< . $u Z4. tine- H tU..iJ r.-eY
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of M I (hljrUA
Commission No.:
ATTEST:
SURETY:
Hartford AI:cidiIt...., .. ...
PO 8al3001
Troy, MI 4I!Jt11
ROO R7? It1Il1
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
{L}h i)ll L
r ./
,_....----
STATE OF
COUNTY OF
Michigan
Washtenaw
The foregoing instrument was
January 2006 , ~ by
attorney ln tact
Surety, on behalf of Surety.
100
.
OR
I Ii/' f: /. ()
ilIL~ \. ~
As Attorne in Fact
(Attach Power of Attorney)
....t P. <Jardner
A~~Mney in Pa""
-
(Printed Name)
Clol:lson-McOmb ~_
P.O. eo. 1~:8. 3D! N. MldM8L
~ArtYv U! Ul1tif<,i~~.q:
7~A.74'~ I Fa. 7:IIl-7M-tSllll
(Business Address)
(Telephone Number)
acknowledged before me this 13th day of
Vicki P. Gardner - as
of Harttord Accident and Indemnity Co. '
He/She is personally known to me OR has produced
as identification and whoJdtd (did not)
take an oath.
My Commission Expires:
NOTr-t"! P~;G'JG
J" '1:'"-:"\::":'1'-1
\>:.,'~''; ,'or;' ':"'-"':"1",,.t
(AFFIX OFFICIAL SEAL)
~f<.~
(Si ature
'--;-1
Name: Judy K. Macklem
(Legibly Printed)
Notary Public, State of:
Commission No.:
GC-CA-A-3
100
.
EXHIBIT A
PUBLIC PERFORMANCE BOND
Pump Stations 109 & 113 Improvements
KNOW ALL MEN BY THESE PRESENTS: That
H,,~~d~"1;o, J:, as Principal, and
-. ", as
PO .... 3001
Troy, MI 4UJ1
(Business ROO Wdmess) are held
I'aID:I of Canty Carmissi= Collier Canty, FL
me millioo 00 hn:Ire:I thirty seven t!uJsarrl forty arrl CO/1CO
($1,237,040.00 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
Bond No. 35BCSDO 8199
lloaglas t. ~~~~aGt No. 06-3922
1390 Trans Point. Ro
laD Arbor. MJ 48108
Surety,
located
at
and
firmly bound to
, as Obligee in the sum of
WHEREAS, Principal has entered into a contract dated as of the
r'mllAry (AwAn, notirp) ?OOf> ~,with
#06 3922 Pump Stations 109 and 113 Improvements
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
11th
Obligee
day of
for
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
..",.~"
GC-CA-A-4
100
.
This instrument shall be construed in all respects as a common law bond. It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 13th
day of January 2006 , xaoos, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
PRINCIPAL
""-9'''' .. II19IiPftR fIne
1390 TrlIYis Polate Rd
_ Arbor, III 48108
BY:
J<~ a. wJJ<:.v..
-lie-tltj If. ~j~le,
VIU' - Wes I -evJ r
NAME:
ITS:
STATE OF
COUNTY OF
tfIl, d11 'JC-..0
~V(I ~ i1 fCt/I cuJ
The foregoing instrument was acknowledged before me this II-t+- day of
:!tUllJf:l/'lJ ' 20~, by fYJ t~ f}. tv" ;:./e .
VI l..-e. - fr"! SId eM t ofx-( /a.s N. (, i'" C
14, d-r I kf;u1 corporation, on b alf of the' rporation.
personallv own to me OR has produced
. as identification and did (did not) take an oath.
~ti1~~tkL
Name: j<. SUZt{YJI16 1-Ier.>>Jf)eY
(Legibly Printed)
Notary Public, State of:M I c.h/:JU1
Commission No.: .
, as
, a
He/she is
My Commission Expires: .__,
'::/;'L.;:,,,:,:~:it'1: ;~L{';:::; '!;':G ;';1
(AFFIX OFFICIAL SEAL)
GC-CA-A-5
100 ·
ATTEST:
~rtflWd AcciliIt"" . ~..
SURETY: POIlal3l101
Troy, iii 48lQ7
800 8728303
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
_/
As Attorney in Fac
(Attach Power of orney)
'ftilZk1 P. GardneT
At:tomey in 1>,,,,,
. Oubool..u e l! A\l8lIllIIIIlC.
(Printed Name) p.o. Box 1348, 3011>l1illlP&
Ann AJbor. "'I 481o&-lM
f"~~'t.ol~.-MrKi F.st ""14t-~
OR
(Business Address)
(Telephone Number)
STATE OF Michigan
COUNTY OF Washtenaw
The foregoing instrument was acknowledged before me this 13th day of
January 2006 ,~by _ Vicki P. Gardner , as attorney---:rt1fact
of Hartford-Accldent and Indemmty , a Co. Surety, on
behalf of Surety. He/She is personally known to me OR has produced
as identification and who (OO(.(did not) take an oath.
~K.~
Judy K. Macklem
My Commission Expires:
~. ~ ^ .;,
".:, ~ :.,
'..C".
." ~",'"
"..,
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
GC-CA-A-6
POWER OF ATTORNEY
Di;~t~n~u;~*;e;D
BOND, T-4
690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
ca1l: 888-266.3488 or fax: 860.757-5835
Agency Code: 35-350851
.
KNOW ALL PERSONS BY THESE PRESENTS THAT:
~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
[K] Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State oflndiana
~ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
D Hartford Insurance Company of Illinois, a corporation duly organjzed under the laws of the State ofll1inois
D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited,'
Dan Hines, Stephen Dobson, Vicki P. Gardner
of
Ann Arbor, MI
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by CZI, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the
Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by
its Assistant Secretary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm
that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
f ~O 0<.
~JJ/
~~
Paul A. Bergenholtz, Assistant Secretary
Colleen Mastroianni, Assistant Vice President
STATE OF CONNECTICUT}
ss. Hartford
COUNlY OF HARTFORD
On this 25th day of October, 2002, before me personally came Colleen Mastroianni, to me known, who being by me duly sworn, did
depose and say: that she resides in the County of Hartford, State of Connecticut; that she is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that she knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals: that they were so affixed by authority of the Boards of Directors of said corporations and that she signed
her name thereto by like authority.
/\) <Tr P /-/
/__ e.'!;'/ (. /_.p<...-
Scoll E. Pascka
Notary Public
My Commissioll Expires October 31.2007
tI:"-~
It"",-
'.
: -.,'.
,~:f!t!)l
""~~
7"-~~
Yves Cantin, Assistant Vice President
POA200]
Hylant of Ann Arbor,
~1 N Main Street
n Arbor MI 48104
~hone,734-741-0044
LLC
DATE (MM/DDIYYYY)
HIGGI-5 01 13/06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Fax,734-741-1850
Columbia Casualt
Com an
NAIC#
020427
020494
020486
020443
31127
INSURERS AFFORDING COVERAGE
INSURED
Douglas N. Higgins,
3390 Travis P01nte,
Ann Arbor MI 48108
Inc.
Sui te A
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
American Casualt Com an
Transportation Ins. Co.
Transcontinental Ins. Co.
Continent..l Casualty Com.pany
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.
LTR NSR TYPE OF INSURANCE POLICY NUMBER PD~~~lri~'DEON~N: Pgktl.l/~~b~~~N LIMITS
GENERAL LIABILITY EACH OCCURRENCE .1,000,000
-
A X COMMERCIAL GENERAL LIABILITY C161922047 12/10/05 12/10/06 PREMISES (Ea OCCLJrence) .100,000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) .15,000
~ Contractual Liab PERSONAL & ADV INJURY .1,000,000
GENERAL AGGREGATE .2,000,000
-
~'L AGG~~E LIMIT APPlS PER: PRODUCTS. COMPtO? AGG .2,000,000
POLICY X j~C?;: LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $1,000,000
D ~ ANY AUTO C161922033 12/10/05 12/10/06 (Eaaccidenl)
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY $
~ NON.OWNED AUTOS (Peraccidenl)
"-
PROPERTY DAMAGE $
I (Peraccidenl)
3R~GE LIABILITY !,..'!TO ONLY. EA ACCIDENT .
ANY AUTO OTHER THAN EA ACC $
" AUTO ONLY: AGG .
EXCESStUMBRELLA LIABILITY EACH OCCURRENCE $10,000,000
B ~ OCCUR D CLAIMS MADE C161922050 12/10/05 , 12/10/06 AGGREGATE s 10,000,000
, .
~ ,DEDUCT'BLE $
IX RETENTION $10, ODD $
WORKERS COMPENSATION AND i X ITo,\'/L'r:.,1'" 1 IUE,t
C EMPLOYERS' LIABILITY WC161922016 12/10/05 12/10/06 $ 500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $500,000
If yes, describe under E,L. DISEASE - POLICY LIMIT $1,000,000
SPECIAL PROVISIONS below
OTHER
E Professional and CZB276202771 01/03/06 01/03/07 2,000,000
Pollution Liab 25,000 ded
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Job - Pump Station 109 and 113 Improvements. Additional Insured for General
Liability - Collier County Board of County
Commissioners.
CERTIFICATE HOLDER
CANCELLATION
COLLI-l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
_. DATE THEREOF, THE ISSUING INSURER WILL - MAIL 30 DAYS WRITTEN
Collier County Board NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, -
of County Commissionsers -
3301 E. Tamiami Trail ..
Naples FL 33862
~H':~ZEJ.REPREt5ATlV~
ACORD 25 (2001/08)
@ACORDCORPORATION1988
100
.
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner
within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that
Contractor has acquired and put in place the insurance coverages and limits required hereunder. In
addition, certified, true and exact copies of all insurance policies required shall be provided to Owner,
0,[1 a timely basis, if requested by Owner.
Iv} The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(9} Should at any time the Contractor not maintain the insurance coverage's required herein, the
ler may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
100
.
coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
- wner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
"om any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance. nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner appiicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida.
11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must
expressly state that the insurance company will accept service of process in Collier
County, Florida and that the exclusive venue for any action concerning any matter
under those policies shall be in the appropriate state court situated in Collier County,
Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? 1S Yes _ No
GC-CA-B-2
lac
.
.(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
mtractor during the term of this Agreement for all employees engaged in the work under this
"greement 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 all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work. (check one)
o Applicable X Not Applicable
\-.) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work. (check one)
o Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes _ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage. Limits of Liability shall not be less than the following:
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$ 300,000
$ 300,000
$ 300,000
$ 300,000
$ 50,000
_ General Aggregate
$ 500,000
GC-CA-B-3
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
1- General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
100
.
$ 500,000
$ 500,000
$ 500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 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."
(]) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
lerage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement (check one)
o Applicable X Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement (check one)
o 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 Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
p(;lrson or entity other than the Owner has an insurable interest in the property required to be covered,
GC-CA-B-4
100 ·
whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
Ibcontractors, 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 and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
Qwner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
l Sub-subcontractors in the Work.
(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
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? lL Yes _ No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
~
GC-CA-B-5
100
.
Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-6
100
.
JUNTY OF COLLIER
STATE OF FLORIDA )
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
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 2005 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No.
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2005, by
,as ~ ,a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, Stale of
Commissioner No.:
GC-CA-C-1
100
.
EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _'I, after linsert date] $
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
= Less Retainage $
Less previous payment (s) $
% AMOUNT DUE THIS
% APPLICATION: $
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
NTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
I "ceived from OWNER on accounl of Work done under the Conlract 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,
securily interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due: and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work Ihat
has not been properly approved by Owner in writing and in advance of such Work.
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)
Paymenl to Ihe CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount ...........................................................$
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ...........................................................$
Revised Agreement Amount .... "..........."........................................$
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by:
Date:
Project Manager
Recommended by:
Date:
Design Professional
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Authorized by:
Division Administrator
Date:
(For use by Owner: Fund
Number: )
Cost Center:
Object Code:
Project
GC-CA-E
laD
.
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
Design Professional's Projecl No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contracl Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and Ihat Work is hereby declared to be substantially complete in accordance with the
requirements of the Conlracl 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 Ihe responsibility of CONTRACTOR to complete all
the Work in accordance wilh the Conlract Documenls. The items in the tentative list shall be compleled
or corrected by CONTRACTOR within days of the above date of Subslantlal Completion.
GC-CA-F-1
100 ·
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 complele the Work in accordance with the
Contract Documents.
Execuled by Design Professional on
,2005
Design Professional
By:
Type Name and Tille
CONTRACTOR accepts this Certificate of Substantial Completion on
,2005
CONTRACTOR
By:
Type Name and Titie
OWNER accepts this Certificate of Substantial Completion on
,2005
OWNER
By:
Type Name and Tille
GC-CA-F-2
100
.
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2005
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranly from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Vendor Evaluation
15. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
(Company Name)
(Signature)
(Typed Name & Title)
By Contractor:
GC-CA-G-1
By Design
Professional:
By Owner:
GC-CA-G-2
100
.
(Firm Name)
(Signature)
(Typed Name & Tille)
(Department Name)
(Signature)
(Name & Title)
10D
..
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
GC-CA-H-1
100 ·
those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
GC-CA-H-2
IDC ·
3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday
through Saturday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
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4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit O.
4.4 Contractor shall submit four (4) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
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5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
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substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Prqject)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
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8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
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faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9, CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 1004.
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
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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.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13, INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attomeys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
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for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
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bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
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
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of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
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notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
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
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
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they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts. releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed. connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager. or
another representative of the Owner, shall conduct an inspection of the warranted work
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
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the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
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23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
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.
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23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
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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.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
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identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
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28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
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,
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the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (OS), 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,
FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
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Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
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requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
GC-CA-H-26
100
.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
GC-CA-H-27
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
lOD
.
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
GC-CA-H-28
10D
.
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
a. The Notice to Proceed will be issued only after the following documentation
has been submitted to Owner:
a. Complete contractual documents, including payment and performance
bonds and insurance certificate;
b. Progress schedule, which shall utilize the Critical Path method of
scheduling and Microsoft Project;
c. Submittal schedule;
d. Draw (funding) Schedule, which shall consist of a monthly projection of
the value of the work to be completed and materials stored for the entire
duration of the project;
e. Safety Program/Risk Management Program;
f. Quality Assurance/Quality Control Program; and
g. Security Plan
2. The CPM Schedule and Draw Schedule shall be updated monthly and
submitted with each Contractor Application for Payment. If both items are not
submitted with Application for Payment, that payment will be withheld until
both items are received and accepted by the Owner and Engineer.
GC-CA-I-1
10D
.
EXHIBIT J
TECHNICAL SPECIFICATIONS
GC-CA-J-1
100
EXHIBIT K
PERMITS
TPA#1953633.11
GC-CA-K-1
.
10D
.
EXHIBIT L
STANDARD DETAILS
TPA#1953633.11
GC-CA-L-1
10D
a
EXHIBIT M
PLANS AND SPECIFICATIONS
TPA#1953633.11
GC-CA-M-1
100
.
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TP A#1953633.11
GC-CA-N-1
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16A9
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVSION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this J ~ T 14 day of AY ~ \ ~ , 2006
between Pulte Home Corporation, hereinafter referred to as "Developer", and the Board of
County Commissioners of Collier County, Florida, hereinafter referred to as "the Board".
RECITALS
1. Developer has, prior to the delivery of this Agreement, received the approval by the
Board of a certain plat of subdivision known as:
"Orange Blossom Ranch Phase IB"
2. Chapters 4 and 10 of the Collier County Land Development Code requires the
Developer to post appropriate guarantees for the construction of the improvements
required by said subdivision regulations, said guarantees to be incorporated in a
bonded agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual
covenants hereinafter set forth, Developer and the Board do hereby convenient and
agree as follows:
1. Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping
and irrigation improvements within 36 months from the date of approval of said
subdivision plat, said improvements hereinafter referred to as the required
improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made a part hereof in the amount of$3,527,006.33
which amount represents 10% ofthe total contract cost to complete construction plus
100% ofthe estimate cost of to complete the required improvements at the date of
this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier
County, may call upon the subdivision performance security to insure satisfactory
completion of the required improvements.
Page 1 of3
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AGREEMENT-OJ - J3-06.doc
16A9
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records
have been furnished to be reviewed and approved by the County Manager or his
designee for compliance with the Collier County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the developer in writing of his
refusal to approve the improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the Director's approval of the improvements.
However, in no event shall the County Manager or his designee refuse preliminary
approval of the improvements if they are in fact constructed and submitted for
approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one
year after preliminary approval by the County Manager or his designee. After the one
year maintenance period by the Developer has terminated, the Developer shall
petition the County Manager or his designee inspect the improvements. The County
Manager or his designee shall inspect the improvements and, if found to be still in
compliance with Collier County Land Development Code as reflected by final
approval by the Board, the Board shall release the 10% subdivision performance
security. The Developer's responsibility for maintenance of the required
improvements shall continue unless or until the Board accepts maintenance
responsibility for the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the County Manager or his designee to
reduce the dollar amount of the subdivision performance security on the basis of work
completed. Each request for the reduction in the dollar amount of the subdivision
performance security shall be accompanied by a statement of substantial completion
by the Developer's engineer together with the project records necessary for review by
the County Manager or his designee. The County Manager or his designee may grant
the request for a reduction in the amount of the subdivision performance security for
the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee
may call upon the subdivision performance security to secure satisfactory completion,
repair and maintenance of the required improvement. The Board shall have the right
to construct and maintain, or cause to be constructed and maintained, pursuant to
public advertisement and receipt of acceptance of bids, the improvements required
herein. The Developer, as principal under the subdivision performance security, shall
be liable to pay and to indemnify the Board, upon completion of construction, the
final cost to the Board thereof, including but not limited to engineering, legal and
contingent costs, together with any damages, either direct or consequential, which the
Page 2 of3
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AGREEMENT -01- J 3-06.doc
16A9
Board may sustain on account of the failure of the Developer to carry out all of the
provisions of the Agreement.
9. All of terms, covenants and conditions herein contained are and shall be binding upon
the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to
be executed by their duly authorized representatives this 1l..,JJ day of A '?~d-
2006.
Signed, Sealed and Delivered
In the presence of:
q-cf-p
~
BY: Pulte Home Corporation
'?
BY:
)/,/d fie": [,
Its Attorney in Fact
Michael H. Hueniken
Attest:
Dwight K ~ro(;k, Clerk
Of C~!~!P~ ebUnt)'~ Florida
Board of County Commissioners
of Collier County, Florida
, . (L ^ \r ~l ~ f\
D:utYC~'.()~
;It,''st....,..: '~.ChI11"'111ft ,
st".tn. ~1,.
BY:
~~/
Frank Halas, Chairman
d ~S~tnd legal sufficiency
Jeff ght, Assistant County Attorney
Page 3 of3
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AGREEMENT-OJ- J3-06.doc
16A17.
MEMORANDUM
Date:
January 11, 2006
To:
Cecilia Martin
Planning Services
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
CP-2006-01
Enclosed please find one copy of the above referenced document, (Item
#16AI7), approved by the Board of County Commissioners on Tuesday,
January 10, 2006.
Thank you.
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO-' L A 1 7
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TuIu{) .
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed, If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines # I throu #4, com lete the checklist, and forward to Sue Filson line #5 .
Office Initials Date
1. J A/77dr4t 11l~
2.
3.
4.
5. Sue Filson,
6. Minutes and Records
(7 /) fj
H:.-kn ( r7
~
5
Board of County Commissioners
I;)
Clerk of Court's Office
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BCe otlice only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
PRIMARY CONT ACT INFORMATION
Phone Number
-h f.
//7&/
/J_6'
/.
'/.' . f
7ft;!),' "
(/"I
Agenda Item Number
~ ~ '7
}t;.,f?
I
Yes
(Initial)
N/A (Not
A Iicable)
{
Number of Original
Documents Attached
(J~
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired,
In most cases (some contracts are an exception), 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 aw re of our deadlines!
The document was approved by the BCC on / / t L.; nter date) and all changes
made during the meeting have been incorporat in e attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6,
16A17.
Permit No. 2006-01
PERMIT FOR
CARNIV AL EXHIBITION
STATE OF FLORIDA:
COUNTY OF COLLIER:
WHEREAS, COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION,
INC., has made application to the Board of County Commissioners of Collier County, Florida, for
a permit to conduct a fair; and
WHEREAS, COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION,
INC., has presented to the Board sufficient evidence that all criteria for the issuance of a permit to
conduct the annual Collier County fair as 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 COLLIER COUNTY AGRICUL TURAL FAIR AND EXPOSITION,
INC., has requested waivers of the Surety Bond and Occupational License;
NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO COLLIER
COUNTY AGRICULTURAL FAIR AND EXP INC, to conduct a fair from February 3rd
through February 12, 2006, 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 Waivers of the Surety Bond and Occupational License are hereby
approved.
WITNESS my hand as Chairman of said Board and Seal of said County, attested by the
-Ih ~
Clerk of Courts in and for said County this /0 - day of JtL'17 u&rr2006.
A TTE~T:
DWl~irrE..BRQCK, CLERK
'::' ,
'.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA:
~~
'~w (~_Q"
Fred W. Coyle, CHAIRMA '
'; .". . 4. ('._,
At.~t;~t.~~ aa.1....n.'
l1galfn"On 1-
Approved as to Form and
Legal Sufficiency:
Jennifer Belpedio
Assistant County
'"
Exhlbit "A" .
Part of Block 489; North. Golden Gate, Unit 2, Collier County, Flori&
.Allt..1iat part' of Block 489 ofNor~1 Golden Gate Unit 2, according to the.
piat tbereofJis recorded in Plat Book 9. Pages 29 through 43, Collier
County Public Records, Collier County, Florida and being,more
particularly described as follows: . .
Beginning at the Northwest comer of said Block 489: thence along the
Northerly line of said Block 489: South 88'08'24" 'East 2012.89 feet;
thence South 1 '53'16" West 1184.51 feet: thence North 88'08'24" West
2038.4 reet to the West line of said Block 489: thence along said West '.
lin~ North 03 '27' 47" East 914.92 feet: thence continue along said, West
line North 01 '53'16" East 269.95 feet to the POINT OF THE BEGINNING on the
parcel herein described: subject .to easements and restrictions of record:
- .
(ccntairilllg 55 acres).
, ,
Less the following:
BEGINNING at the Northwest corner of said Block 489: thence along the
r...T.n.r+l-,.,.~l.." 1:,.,.,. .n.f""'n:rl'Dt~~l~ AO(\ ~--U-'"th 002'I"IV~'')..i'' 'P;a~ h~5 "",.:;: li~'"
.1"'~LU.~'w.A.1.J .u.J..u." V.IL ~\"I, .1..J~U\.lA --r07, .....U VI' U ...-. ~4a V-i .. .... .....~~.
..'4"~~
thence leaving said north line, South 1 '53'16" West 800.00 feet: thence
South 66'02'53" West 423.75:n thence South 1 '53'16" West 200.25 feet:
thence North 88'08'24" West 279.78 feet to the west line of said' Block
.489: thence along said West line. North ]'27'47" East 914.92 feet: thence.
continue along said West line. North 1'53'16" East 269.95 feetto the
Point of Beginning of the parcel hereindescn~d: subject tp easements
and restrictions of record: (containing 15.0 acres more or less)
(Demised.Premises Containing 240 acres)
,,---J. ~
/~') /. ,! I
; ,,/{Iv
(}Od2/ OtJ.Lj ()CJO. ~
"""'';'''.
16 A 1 7 .
-;~
16A19
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 2..e TO day of J\1Io..O.~ 2006, between G.B. Peninsula,
LTD. hereinafter referred to as "Developer, 11 and the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as the "Board".
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as:
" Fiddler's Creek Phase Four, Unit Three"
B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer
to post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
COJ1struction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: subdivision improvements including
water and sewer facilities, drainage, roadways, landscape and the like within 24 months from the
date of approval said subdivision plat, said improvements hereinafter referred to as the required
improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto
as Exhibit "N' and by reference made a part hereof) in the amount of $2,252,802.59 which
amount represents 10% of the total contract cost to complete construction plus 100% of the
estimate cost of to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete
such improvements within the time required by the Land Development Code, Collier County
may call upon the subdivision performance security to insure satisfactory completion of the
required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have been
Page 1 of 3
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16A19
r'
furnished to be reviewed and approved by the County Manager or his designee for compliance
with the Collier County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either; a) notifY the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approve
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the County Manager's approval of the improvements. However, in no event shall the
County Manager or his designee refuse preliminary approval of the improvements if they are in
fact constructed and submitted for approval in accordance with the requirements of this
Agreement.
6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by the County Manager or his designee. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the County
Manager or his designee to inspect the required improvements. The County Manager or his
designee .shall inspect the improvements and, if found to be still in compliance with the Collier
County Land Development Code as reflected by final approval by the Board, the Board shall
release the remaining 10% of the subdivision performance security. The Developer's
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six
(6) months thereafter the Developer may request the County Manager or his designee to reduce
the dollar amount of the subdivision performance security on the basis of work complete. Each
request for a reduction in the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Developer's engineer together with
the project records necessary for review by the County Manager or his designee. The County
Manager or his designee may grant the request for a reduction in the amount of the subdivision
performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may call upon
the subdivision performance security to secure satisfactory completion, repair and maintenance
of the required improvements. The Board shall have the right to construct and maintain, or cause
Page 2 of3
F:\JOB\E-FIFIDDLER'S CREEK\FCU4PL T\Recording Platslconst maint agree 06-20-06.doc
16A19
ti
'~t
1
J
to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of
bids, the improvements required herein. The Developer, as principal under the subdivision
performance security, shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to, engineering,
legal and contingent costs, together with any damages, either direct or consequential, which the
Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this 1,,:5/ - day of :Tcvv-'L..-- 2006.
SIGNED IN THE PRESENCE OF;
(Name of Entity)
By:
l/ ' ),\.- /) /<lt~___.
M k P. Strain
Attomey-in- fact,
Vice President of Planning
'v
ATTEST:
,. -, - . ~
DWIGHT E. BROCK., Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~<'-~...-
Frank Halas, Chairman
By:J}t<ti. ~~~- G.C.
" . ., Iiputy Clerk
\, ' AttIIt 'u .to.a.",...... s
.. if on.t ur. on }If-
Approved as to form
and legal sufficiency:
C-\ ' ..&-
Approved Form - JAK - February 2006
Page 3 of 3
F:\JOB\E-F\FIDDLER'S CREEK\FCU4PL T\Recording Plats\const maint agree 06-20-06.doc
o.._,.__,_____~'"_"..__,,__......__;"'''_,.~''_.__._''"
16A19
(Fiddler's Creek Phase Four, Unit Three)
PERFORMANCE BOND
Bond# 5021639
KNOW ALL PERSONS BY THESE PRESENTS: that
GB PENINSULA, LTD.,
a Florida limited partnership, at the address of:
3470 Club Center Blvd.
Naples. FL 34114-0816
(hereinafter collectively referred to as "Owner") and
BOND SAFEGUARD INSURANCE COMPANY
1919 S. Highland Avenue. Bldg. A. Ste. 300
Lombard, IL 60148
(hereinafter referred to as "Surety")
are held and firmly bound unto Collier County, florida, (hereinafter referred to as "County") in the
total aggregate sum of Two Million Two Hundred Fifty-Two Thousand Eight Hundred Two and
59/100 Dollars ($2,252,802.59) in lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally. firmly by these presents. Owner and Surety are used for singular or
plural, as the context requires.
THE CONDITION OF THIS OBUGATION is such that whereas, the Owner has submitted for
approval by the Board a certain subdivision plat named Fiddler's Creek Phase Four, Unit Three, and
that certain subdivision shall include specific improvements which are required by Collier County
Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the
Surety shall commence on the date this Bond is executed and shall continue until the date of final
acceptance by the Board of County Commissioners of the specific improvements described in the
Land Development Regulations (hereinafter the 'Guaranty Period").
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties
in accordance with the Land Development Regulations during the guaranty period established by the
County. and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and
save harmless the County from and against all costs and damages which it may suffer by reason of
Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the
County may incur in making good any default, then this obligation shall be void, otherwise to remain
in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension of time, alteration. addition or deletion to the proposed specific improvements
shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such
change. extension of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the
Owner and the Surety to the full and faithful performance in accordance with the Land Development
Regulations. The term "Amendment," whenever used in this Bond, and whether referring to this
Bond, or other documents shall include any alteration, addition or modification of any character
whatsoever.
Page I of 3
16A19
IN WITNESS2'fHEREOF, the p~s hc:rito have caused this PERFORMANCE BOND to
be executed this s t day of prl ,2006.
PRINCIPAL:
GB PENINSULA, LTD., a Florida
limited partnership
~
STATE OF FLORIDA
COUNTY OF COLLIER
~. .
The foregoing instrument was acknowledged before this 1-...\ day of c-'l. f .. . ).. ,
2006, by Aubrey J. Ferrao, Attorney in Fact of GB PENINSULA, LTD., a Flori a limited
partnership, on behalf of the limited partnel'lbip. He is personally known to me.
'Z: .'
cs.....-...-,....... .
Print Name:
Notary Public
Commission N
My Commissio
~_..~........
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"1,:f,Hf:;~~:O i..\iXlOid TnfU l'Jutary Public ~Jni"lWriters
Page 2 of 3
~'_...,~_._<-"'~-_._~~"-'<.-._.,.__ "I
16A19
SURETY:
C - t \! cltlLtA_ [j fUJ C ~L/
Print name Rea ther A. Beck
Bond Safeguard Insurance Company
r-, . .
By: I . at-ilK;;;( 4~~d"-_'-
Print Name: Dawn L. Morga'
Title: Attorney in Fact PO 113 2 2
Florida License #
STATE OF ILLINOIS
COUNTY OF QWI( DuPage
On April 21 ,2006, before me, a Notary Public in and for said County and
State, residing therein, duly commissioned and sworn, personalIy appeared
Dawn L. Morgan , known to me to be Attorney in Fact of Bond
Safeguard Insurance Company, the corporation described herein and that executed the within and
foregoing instrument. and known to me to be the person who executed the said instrument in behalf
of the said corporation. and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. the day
and year stated in this certificate above.
My Commission Expires
06/23/08
117 '., .' . 1/1 - d' I,. i--1
'\.-/ / J~,{ c {J:JrL \, _ _' it l InCL ' l,
Signature of Notary
(SEAL)
Melissa Schmidt
Printed Name of Notary
OFFlc.AL SeAL
MELISSA SCHMIDT
NOTAR', PUG.le STATE OF ILL~JOIS ~
MY COMMI~:310N EXPIRES 06,23108 ~
~
F:\USERS\WANDA\P1DDLERSIPERF-BOND Ph 4U3.wpd
Page 3 of 3
POWER OF ATTORNEY ., AoJ fil3f1
Bond Safeguard 'INSURANCE cf)l,,f.N9
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint:
Michael J. Scheer, James I. Moore, Christine Woods, Irene Diaz,
___~_~o~~Kruse, Stephen T. Kazmer, Dawn L._~orga~~~eg8!.Fau_~t,--~llY A. Jaco~'~~.!:ne ~lIl'~s, Jennifer J. McComb, Melissa Schmidt
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the COf11pany. any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond, $ 2,800,000.00 Two Mlllton EIght Hundred Thousand Dollars
which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such
documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate Seal to be affixed this 7th day of November, 2001.
BOND SAFEGUARD INSURANCE COMPANY
BY
w~
David E: Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed
the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said
corporation.
"OFFICIAL SEAL"
LYDIA J. DEJONG
Notary Public, State of Illinois
My Commission Expires 1/12/07
~ J J2f?
Lydia J. DeJong
Notary Public
CERTIFICATE
I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company. DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this _21 s ~Day of Apr il
20 06
'-
~ 01 lLA~
Donald D. Buchanan
Secretary
IbA2n
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this j B Tl~ day of ~"IIl~. 2006, between Tousa Homes, Inc., dba
Engle Homes Southwest Florida (Developer), and GMAC Model Home Finance, LLC, a
Delaware limited liability company, as successor by statutory conversion to GMAC Model
Home Finance, Inc., a Virginia corporation (Owner) hereinafter collectively referred to as
"Owner/Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board".
RECIT ALS:
A. Owner/Developer has, simultaneously with the delivery of this Agreement, applied for
the approval by the Board of a certain plat of a subdivision to be known as: Marbella Lakes.
B. Chapters 4 and 10 of the Collier County Land Development Code requires the
Owner/Developer to post appropriate guarantees for the construction of the improvements
required by said subdivision regulations, said guarantees to be incorporated in a bonded
agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Owner/Developer and the Board do hereby covenant and agree as follows:
I. Owner/Developer will cause to be constructed: water, sewer, storm sewer, roads,
landscaping and irrigation improvements within 36 months from the date of approval said
subdivision plat, said improvements hereinafter referred to as the required improvements.
2. Owner/Developer herewith tenders its subdivision performance security (attached
hereto as Exhibit "A" and by reference made a part hereof) in the amount of $3,749,778.26 which
amount represents 10% of the total contract cost to complete construction plus 100% of the
estimate cost of to complete the required improvements at the date of this Agreement.
3. In the event of default by the Owner/Developer or failure of the Owner/Developer
to complete such improvements within the time required by the Land Development Code, Collier
County may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Owner/Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the County Manager or his designee for
compliance with the Collier County Land Development Code.
Page I of 4
lAA20
5. The County Manager or his designee shall, within sixty (60) days ofreceipt ofthe
statement of substantial completion, either: a) notify the Owner/Developer in writing of his
preliminary approval of the improvements; or b) notify the Owner/Developer in writing of his
refusal to approve improvements, therewith specifying those conditions which the
Owner/Developer must fulfill in order to obtain the County Manager's approval of the
improvements. However, in no event shall the County Manager or his designee refuse
preliminary approval of the improvements if they are in fact constructed and submitted for
approval in accordance with the requirements of this Agreement.
6. The Owner/Developer shall maintain all required improvements for a minimum
period of one year after preliminary approval by the County Manager or his designee. After the
one year maintenance period by the Owner/Developer has terminated, the Owner/Developer
shall petition the County Manager or his designee to inspect the required improvements. The
County Manager or his designee shall inspect the improvements and, if found to be still in
compliance with the Collier County Land Development Code as reflected by final approval by
the Board, the Board shall release the remaining 10% of the subdivision performance security.
The Owner/Developer's responsibility for maintenance of the required improvements shall
continue unless or until the Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six
(6) months thereafter the Developer may request the County Manager or his designee to reduce
the dollar amount of the subdivision performance security on the basis of work complete. Each
request for a reduction in the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Owner/Developer's engineer
together with the project records necessary for review by the County Manager or his designee.
The County Manager or his designee may grant the request for a reduction in the amount of the
subdivision performance security for the improvements completed as of the date of the request.
8. In the event the Owner/Developer shall fail or neglect to fulfill its obligations
under this Agreement, upon certification of such failure, the County Manager or his designee
may call upon the subdivision performance security to secure satisfactory completion, repair and
maintenance of the required improvements. The Board shall have the right to construct and
maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt
and acceptance of bids, the improvements required herein. The Developer, as principal under the
Page 2 of4
16A2n
subdivision performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof, including, but not
limited to, engineering, legal and contingent costs, together with any damages, either direct or
consequential, which the Board may sustain on account of the failure of the Owner/Developer to
fulfill all of the provisions of this Agreement. Owner shall not have individual liability
hereunder for any amounts in excess of the amount of the subdivision performance security.
9. All of the terms, covenants and conditions herein contained are and shall be
binding upon the Owner/Developer and the respective successors and assigns of the
Owner/Developer.
IN WITNESS WHEREOF, the Board and the Owner/Developer have caused this
Agreement to be executed by their duly authorized representatives this J '61'-1. day of J L)~~
2006.
SIGNED IN THE PRESENCE OF:
GMAC Model Home Finance, LLC, a
Delaware limited liability company, as
successor by statutory conversion to GMAC
Model Home Finance, Inc., a Virginia
corporation
Print, Nam~ na If 6A;k
(~~ ~. . .
Print Name: !;;;rinRy J:::,et'l
By:
~
Monita Peets, Assistant Vice President
Provide Proper Evidence of Authority
Tousa Homes, dba Engle Homes, Southwest
Florida
B(/(V?-
-. ----......
David Cobb, Division President
Provide Proper Evidence of Authority
Page 3 of 4
16A20
ATTEST:
. y: c1~c
.~t ,.S as t!~ ~ t~mt1>uty Clerk
~1go.~ur'~' ~.
'," ~~i ::.'{~ ",d ~,'. .'
,Ap!)riWed,as,to, forln
and legaksufftCiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: ~~___
, ChaIrman
BY:
Jeff E.
,
Page 4 of 4
G:lC:-;Wl
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/
EXHIBIT A
16A2Q
GMAC MODEL HOME FINANCE, INC.
CERTIFICATE OF AUTHORIZATION
To:
Secretary ofGMAC Model Home Finance, Inc.
From:
Brian Murray
Executive Vice President, GMAC Model Home Finance, Inc.
Date:
January 13,2006
This Certificate of Authorization is delivered pursuant to the Unanimous Written Consent of Directors in
Lieu of Meeting of Board of Directors Regarding Signing Authority, dated January 13,2006.
Effective October 14, 2005, the Vice Presidents and Assistant Vice Presidents of GMAC Model Home
Finance, Inc. set forth below are appointed to the Authorized Officer position set forth opposite his/her respective
name:
Name
Authorized Officer
Thomas R. Kranz
Mark P. Paniccia
Michael Franta
David Flavin
Jack Katzmark
Vice President
Vice President
Vice President and Chief Operation Officer
Vice President and Chief Financial Officer
Vice President
Jane D. Cooper
Karen M. Counts
Barbara Hart
Sarah Berglund
Monika Peets
Julie Simpson
Kristie Ciatteo
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant V ice President
Assistant Vice President
Assistant Vice President
Brian :z:.s-::utive Vice ~
Signing Authority Resolution - GMAC Model Home Finance, Inc. - Final
A-I
/..."
. .
16 A 2(
EXHIBIT A
GMAC MODEL HOME FINANCE, INC.
CERTIFICATE OF AUTHORIZATION
To:
Secretary of GMAC Model Home Finance, Inc.
From:
Brian Murray
Executive Vice President, GMAC Model Home Finance, Inc.
Date:
January 13,2006
This Certificate of Authorization is delivered pursuant to the Unanimous Written Consent of Directors in
Lieu of Meeting of Board of Directors Regarding Signing Authority, dated January 13,2006.
Effective October 14, 2005, the Vice Presidents and Assistant Vice Presidents of GMACModel Home
Finance, Inc. set forth below are appointed to the Authorized Officer position set forth opposite hislher respective
name:
Name
Authorized Officer
Thomas R. Kranz
Mark P. Paniccia
Michael Franta
David Flavin
Jack Katzmark
Vice President
Vice President
Vice President and Chief Operation Officer
Vice President and Chief Financial Officer
Vice President
Jane D. Cooper
Karen M. Counts
Barbara Hart
Sarah Bergl und
Monika Peets
Julie Simpson
Kristie Ciatteo
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Brian ~ 2utive Vice ~
Signing Authority Resolution - GMAC Model Home Finance. Inc. - Final
A-I
1683
I
MEMORANDUM
Date:
January 13,2006
TO:
Debbie Armstrong, Contract Specialist
Purchasing Department
FROM:
Heidi R. Rockhold, Deputy Clerk
Minutes and Records Department
Re:
Alternative Access and Relocation Agreement
Enclosed are three (3) original documents, as referenced above (Agenda
Item #16B3) approved by the Board of County Commissioners on Tuesday,
January 10,2006.
The Minutes & Records Department have retained an original.
If you should have any questions, you may contact me at ext. 8411.
Thank you,
Enclosures (3)
PROJECT: Collier Blvd. #65061
PARCELS: 531 & 931
1683
.
ALTERNATIVE ACCESS AND RELOCATION AGREEMENT
THIS AGREEMENT, is made and entered into this ~ day of ~'\tta.(~ '
20QE;, by and between AT&T Corp., New York corporation, (hereinafter referred to as
"AT&T'); Richard D. Craig and Frances A. Craig (hereinafter referred to as "Owner");
and Collier County, Florida, a political subdivision of the State of Florida (hereinafter
referred to as "County").
WHEREAS, AT&T is the owner and holder of the easements described in OR
Book 1277 Page 1573 and OR Book 1725 Page 913, attached hereto as Exhibit "A"
and incorporated herein by reference (hereinafter referred to as the "Existing
Easement"); and
WHEREAS, Owner is the record title holder to the fee interest in that certain
property described as: the South % of the South % of the Northeast ~ of the Southeast
~, Section 34, Township 48 South, Range 26 East, Collier County, Florida, less and
except the East 100 feet thereof; and
WHEREAS, the County is acquiring from Owner a fee interest in the proposed
right-of-way required for the expansion of Collier Boulevard (hereinafter referred to as
"Parcel No. 131 "), the legal description for which is attached hereto as Exhibit "B" and
incorporated herein by reference; and
WHEREAS, a portion of A T& Ts Existing Easement containing the Iightguide
regenerator telecommunications equipment building (herein referred to as "Building"),
the parking therefor, and the AT&T underground cable lies within Parcel No. 131; and
WHEREAS, AT&T and County desire to preserve the location of the Building
within the Existing Easement and Parcel No. 131, and to re-establish a new access and
parking area designated as Parcel No. 931, as described in Exhibit "C"; and
WHEREAS, Owner is conveying to County a fee interest in that certain property
described in Exhibit "C" (the terms and conditions of said conveyance being included in
a separate agreement between Owner and County), so that County may construct for
AT&T a replacement parking lot to serve the Building; and
WHEREAS, County agrees to grant to AT&T an exclusive easement for access
and parking over the lands described in the legal description for Parcel No.931; and
WHEREAS, Owner desires to convey to AT&T a Temporary Access Easement
from the Mission Hills Loop Road (Tract "A" according to the plat of Mission Hills
Shopping Center, recorded in Plat Book 41, Page 26, of the public records of Collier
County, Florida) to the parking lot to be constructed within Parcel No. 931, said
Temporary Access Easement hereinafter referred to as "Parcel No. 531" (the
description of which is attached hereto and made a part hereof as Exhibit "D"); and
WHEREAS, both Owner and AT&T desire to replace Temporary Access
Easement Parcel No. 531 with a perpetual, non-exclusive easement for access to
Parcel No. 931 beginning at a location west of Parcel No. 531 along the Mission Hills
Loop Road, and proceeding through and across the paved driveways and parking areas
of the future development on Owner's remaining lands, which perpetual easement in
favor of AT&T will be granted in a separate instrument no later than the date that the
first certificate of occupancy is received for the buildings to be constructed on Owner's
remaining lands; and
WHEREAS, both Owner and AT&T agree that the Temporary Access Easement
Parcel No, 531 shall automatically terminate upon the granting of an easement from
Owner to AT&T by separate instrument and
Agreement for Replacement of Access and Parking
Page 2
1683
.
WHEREAS, AT&T shall, in accordance with the provisions of this Agreement,
terminate all that part of its Existing Easement located across the real property
described in the attached Exhibit "E".
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00) and other good and valuable considerations, the receipt and sufficiency of
which are 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 to County a fee simple interest in the property described as
Parcel No. 931 (hereinafter referred to as the "Replacement Parking Area") to replace
AT&T's current parking area located within the proposed Collier Boulevard Right-of-Way
(the terms and conditions of said conveyance shall be included in a separate Purchase
and Easement Agreement between Owner and County). The legal description of said
Replacement Parking Area is attached hereto and incorporated herein as Exhibit "C".
3) The County shall construct a new lime-rock parking area on the Replacement
Parking Area and shall install a security wall or fence around the Replacement Parking
Area at a minimum height of 14 feet.
4) The County shall grant an exclusive access and parking easement to AT&T
(hereinafter referred to as the "Exclusive Access and Parking Easement") over the
lands described in the legal description for Parcel No. 931 using a form mutually
acceptable to the parties within ninety (90) after completion of the construction work
described in Paragraph 3 above.
5) The County shall, at its expense, construct a temporary lime rock access driveway
on Parcel 531 (Exhibit "D") to be utilized by AT&T during construction of the roadway
improvements, and Owner shall grant to County a temporary construction easement for
said temporary access driveway, which shall expire upon replacement by the
development of Owner's adjacent property and the construction of paved driveways and
parking areas, which will provide AT&T with access from the public right-of-way to the
parking area.
6) The Owner shall convey to AT&T a Temporary Access Easement across Parcel
No. 531 (attached hereto as Exhibit "D"), to be replaced with a non-exclusive Access
Easement granted to AT&T by the Owner for access through the adjacent property to
the Replacement Parking Area, to be memorialized in a separate instrument mutually
acceptable to the parties, no later than the date that the first certificates of occupancy
are received for the future buildings to be constructed on Owner's remaining lands.
7) Owner shall incorporate AT&T's new Replacement Parking Area into the Site
Development Plan for Owner's remaining property adjacent thereto, and, at Owner's
sole expense Owner may elect to replace the fence / wall erected by County with a
fence or wall which provides the same level of security for AT&T's facilities, but which
conforms better with the particular landscaping and/or architectural theme(s) on
Owner's adjacent property. Owner and AT&T agree to cooperate fully with one another
in this regard.
8) AT&T shall: (a) provide its own lock(s) to secure the Replacement Parking Area;
(b) modify the doorway into the Building by relocating the doorway from the east side of
the Building to the west side of the Building, relocating the batteries in the Building, and
relocating the AT&T underground cable to a portion of AT&T's Existing Easement being
retained hereunder by AT&T; (c) waive any objection to County's removal of the
existing chain link fence during the roadway construction; (d) accept a temporary
Agreement for Replacement of Access and Parking
Page 3
1683
Iimerock access to the parking area during construction of improvements to Collier
Boulevard, and during development of the adjacent property; (e) accept alternate
access through the adjacent property to the Replacement Parking Area; (f) terminate
all that portion of the Existing Easement located north, east and south of the Building,
as described in Exhibit "E," by providing County with a properly executed partial release
of easement simultaneously with the County's grant of an Exclusive Access and
Parking Easement over parcel 931; (g) consent to County's construction of a concrete
barrier wall, between the proposed public sidewalk and the Building, with "wing walls"
attached at either end; and (h) waive and release County from all damages, claims,
actions, costs or fees resulting from the acquisition and use of the lands and lor
easements described as Parcel Nos. 131, 531, 931 and 731 unless caused by the
negligent or intentional tortious acts of the County.
9) The County will pay the cost of relocating the doorway to the west side of the
Building, relocating the AT&T underground cable, and relocating the batteries in the
Building, not to exceed $92,000. Payment will be made within 60 days after receipt of
invoices from AT&T substantiating the cost of the relocation of the door, underground
cable and batteries. Any expense in excess of $92,000 will be the responsibility of
AT&T.
1 0) AT&T and Owner shall provide the County and its contractors, agents and other
representatives with unrestricted right and privilege to enter upon that property
described as Proposed Right-of-Way Parcel No. 131, Replacement Parking Area
Parcel No. 931, Temporary Access Easement Parcel No. 531, and the Existing
Easement, as may be necessary to perform the construction work for the roadway
improvements, the barrier and wing walls, and the installation of the temporary limerock
access and parking area as covered by this Agreement.
11 )The County and its contractors shall not unreasonably interfere with ingress and
egress to and from AT&T's remaining lands during the period of relocation and/or
construction and, to the extent permitted by law and without waiving the liability limits of
its sovereign immunity as provided by Section 768.28, Florida Statutes, shall indemnify
and hold harmless AT&T for any damages, claims, actions, costs or fees to AT&T
facilities resulting from any work performed by County or its contractors.
12) All terms and conditions of AT&T's Existing Easement not affected by this
Agreement shall remain in full force and effect.
13) Notices to be served upon any party in connection with this Agreement must be in
writing and must be given or made by personal delivery, overnight delivery service or by
mailing the same by certified, registered or express mail, or express delivery service,
postage prepaid, return receipt requested, addressed to the party to be so notified as
follows:
As to Owner:
As to County:
As to AT&T:
Collier County Transportation Dept.
Attn: TECM, Right-of-Way
2885 S. Horseshoe Dr.
Tele: 239-774-8192
Fax: 239-213-5885
AT&T Corp.
Group Manager
4513 Western Avenue
Lisle, Illinois 60532
Tele: 630-810-6100
Agreement for Replacement of Access and Parking
Page 4
1683
.
Each party will be responsible to notify all other parties in advance and in writing of any
changes to the information below. Any Notice shall be deemed given on receipt or
three (3) days after the mailing thereof, whichever occurs first. Notices may be given by
the attorneys for the parties.
14) The County shall save, protect, and hold harmless Owner and AT&T against any
loss, damage, injury, debt or expense claimed or asserted by any person or entity
arising out of the County's construction activities on Owner's land as are contemplated
by this Agreement.
15) Both Owner and AT&T are fully aware and understand that all "offers" to perform
represented by this Agreement are subject to ratification and approval by the Board of
County Commissioners of Collier County, Florida.
16) The obligations of the parties to this Agreement are contingent upon no other
provisions, conditions, or premises other than those stated in this Agreement and in
that certain Purchase and Easement Agreement between County and Owner as
referenced in Paragraph 2 above; and this Agreement, including all exhibits attached
hereto, shall constitute the entire agreement and understanding of the parties. There
are no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties or covenants not contained herein.
17) This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by all 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(s), and assignees whenever the context
so requires or admits.
18) Notwithstanding anything contained herein, no party to this Agreement shall be
liable for special, incidental, consequential or punitive damages of any kind.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
th is \ 01!t day of ~.., L.t av~ ' 20~.
AS TO COUNT:r:~""",
,~-..rJ 1 LH.}!i1 .
," ~~~.,. ~. ...~.,~.~.,
. ;' ,', .>'~) ". r.,
A TTES:r)~ ,,".. !d' -" . --
DWIGI-tI :E.:'~6R()CK>lCLERK
" .()e
i
Clerk.
,..... .
-.r . De' -
_testis
Itgut... onl-
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: '1u..l W. ~
Fred W. Coyle, Chairma
AS TO AT&T:
J'ju)uIAJ~ ,cf?}&ju.c/du
WITNESS (Signature)
L I Ai bA fYJ. dE. Nt=; b E tfc)
Name (Print or Type) /?
-~7- ~/~
WITNESS (Signature)
/UClv f;~ iu ~' tr4/j
Name (Print or Type) /
AT&T CORP.
B:
/:J:;&~
dith L. Kolet .
roup Manager
Agreement for Replacement of Access and Parking
IT S (Signature)
~tl/N g/ej:.J
Na e (Print or Type)
'10// ,"
~6y-/11 /rj,d., L".,.
WITJl4ESS (Signature)
/
;{[ (( "I Ih C tit? is i
Namfi' (Print or Type)
Approved as to form and
legal sufficiency
JiLt ty~
I en T. Chadwell
Assistant County Attorney
~'U,
R CHARD D. CRAIG
(0 7
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,;7 tL::rA/ ~ . ':eO'
FR NCES A. CRAIG S.
Page 5
1683
.
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00'277
OR BOOI{
OOfS73
PAGE
GRANT or l!ASIHBtlT
~go
'lb. undel'51gne4 olme"'C ai of the prelll!"c5 herd" d.acri~ C"Grantulr"l.
Cor NI4 in collslduation of Ten Dollau 1$10.00) and other 9QOd ~4 vduable
considerat.ion, the adltlquacy .....d ...ecelpt ol wt1i.~h lOre aoknowl~eJ, hereby
gunt, ad1 AIle! convey too NlDUCAN TEL&PHQUi: AND TGollCRAl'H Q)l4Po\H't, . tlw 'tork
Corporauon. author1&ed t.O t.r.......ct J>Wilneaa 1.. tho $tate of Flor-1oM, wh05e
adc1r:eu .is c/o Di.trict ~n.'Jez-cun.truC!tion tll\d 1t..1 ElItate. l;zQO 1'8Ac:htree
Str..t., NE, I\Uant., (l~Jr91. J0307 ita auce.allOn, ud9na "'d .tflUateel
linG .ssct'1a~ ~*_ .~"""h _ ~lwr.i.v. eu-.nt., ~. over,
un~ ",,4 throuqh tha property d...cribed on l:Ithlbit "A" attached hereto and
ichnttCied .. n.ECrRlNIC EQUIPHDlT Jo:ASD4I1lT C the ..""w.....1 Cor \;he
CQI1 s true t.1O(1 ot I
1, LiOJht9u1d. 1I..,.n.r:lIltolr TelecolQl\\1I\.le.Uona *Ill.lplllent build.ln<h or
otller substantiaUy a1mi.lar atructure. or equlP111e11 t to be u..d fot'
te1~unication& pu~.e.l
2. llurled cables and winos, cillble twaln&l.. ...n.n, 1P1.le!ng boxa.
.rId pe4esUlh,
3. COnduit, IIllIIlholes, Nrkers, \Ind.rlJ~und clIlbl.. and wire..
4, Ddv.......ya; 0'" other vahieular aco..., and
S. ou-.r amplifier a, box.., appurt<tnanoes 01." "<lvi-oea.
.. w.ll as .ppurtenillllt t&clll1tles ruaon<<bly required for thc alolPPOa:t,
11&., operatlon and ~intenano. of such 'II<l.ulp11lent tD be 1nstalled rro. tiN
to ti-. With th8 ri911t. to nconat:rllCt, b,proV8, add to, en1al:'98 Ilt\cl r_ve
the .....
To9.thft' vitn. a nOR-exclu.clve ...._ent fOl" lnqre.., <ll9r."...and r"9Z'llSs
tOIr pcdeaubn and vebJ.culaJ' t.raffio to .nd upon aaid plr-.i... ..t:. all t:illlq
fQI: the JlW"PO.. of !RstaUinq, conlllt.ruotln9. operating, lnaptlOting, ~nta.1nin'J
and npaidnq ita facilitles 1Ip01l, over, under III\d tII):OU9h the Pll:Operly
deacn:1be1S orl 1Xh1b1t "AN ..t.uched h.reto.
~
V
tf
~
'TtI. followln9 dIJhta alre al~ qZ'tlnttdl GI'Mt" !MY aUew lUly othel'
~I'_ to co"atruct vb:e. or lay cable or co',dult. w1th1n the pr_l.'. for
".t4r, ~unlcation. or ~~t:rJ.c power t"IU'IAI1.uon or r.,I".' to IInd upon
M1.d pretda.. lilt ALl tilneS for the pUtpll. of inst.Uing, \lOI\.trucUn9,
GpeRUnq. inap-.:t:1n'l, _lnta1.nlng lInd lfllP<<J.r.tJ19 ita f<1QJ.lJ.t.i.... Th. GNnt.e
1ba1l have the ri9ilt to cl.-r and keep the pr.u..u ch.r Df all "re...
, 1II\"1r9~ or othelr abatt'uc:t:ion. and to trila. cut and keep td_e4 and
~4 out 1Il11 dM4. ~, lNn!n", ox dan'il"J:OU& u.e. or lllllb. o\ltd.4. the
..._Ilt .1''' vh.1ch IU.ght: lnt.reu. wj.th the lJ.nes or .yat..- of ~J.o_don.
or ele9trJ.c power of or ..rVin9 the Grantee.
:>
Cl
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~ \'l '
Gzantol' covenant. that it 1& the f4. ailIlpl. owner of' the d..wcrltled
'"lr ~ at pr_l.... hu full rlght, tit.1.. ~d capACity to 9r~t th1a eaa_..t lInoS w111.
"t '~ ~ WlInoS the Ullle "'I.bat the ol_i.1 ot: ..11 parti....
li. ., j ,",1. ..._1:: aIlall be hJ.neUng Upol\ 1:J\e heirs, legal repr..lIntat;J.ve.,
f l (.$. .ucce.lOlr. and a..1gn..
'i t:: .. IN NInlESS h'H~, th. undersi'1ned Grantor hIl. executed thi. GrM!: of
i ..c. ~ ~t., thl. /8"FYJ' c3IIyot: ~ . .l'~.
.. i 0 J:i
. 5, II () It $19""', aealed and o.l1ver4Kl
:\1Q.~r.f ln tile p..._oe ofl
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1683
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EXHIBIT A
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PAGE
a 0.' 2 7 1
OR BOOK
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State of ;::Ab' /fJA
oounty of "IfflffLl
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BY ''111 "4'" D.C.
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::: . .w.~_4l', ;~"Jt,.q . COWER COUHTY RECORDED
;~. l"'l-oO. aHiUHlCAlIONS SYSTtHS RIGlIf-Of"-HAY NO tAStHEHT
$ 1200.00
Recol.v~d of tho AHERtCAH TE1.El'HOHE NO ~o.D;IlAPJt COHPAHV f>1B
~ 'l'\lQ ~ OoU"a, ($1200. ) !n c:GC\81c1natlon of .thleh tho
uncIOta1gncc;l ere y grant 8nd canvay unto aid ~any, U., ~eaor.,
_J.p, leno.. end lI9enta, . r1ght-or-",.y and ......nt. tlJ conat.ruet,
opent8, taa1ntaln, Wpect, tnt, "place II\d fOIlOVO COMunll:ltlona .,..teaaa
.. tile grenteoo ..y tJ:oaa u.o to tlalo roquLl'o, conab~lng otIc:' way of
ex..,h but not 111l1t.d t.o, underground lJ.vhtwave (lber ap 8yatees,
ctbl.., 8pu.c. bGlCa, wUG, ~racs tat.1ng-tGnlAlll., ..nholea, ..r:lcon
end ather eppUl'tenancea, upon, ov.r and under a mlp of land ( S' ) wido
ocra.. tho land wh1d1' U. ~ra1lilncd CIlft\ or in ~ tho undGc'iI:g,iid hovo
all)' int.net. aituated In ~l~ County. State 0' F1orlda,
and 1101'0 put1cululy d..-=itI ... DUollll ~
SEE SXHIB1'l .A.
(1\'l"1'Aai2:D tIERE'1'O , tw:e A PARl' ~)
'l9t1:11C with tho fo]J.owJ.Qg cpbl, Of jngr;ue ml 0'" 0Yer.ad -=-
tbe 1.lm&s or tho ~1gne4 to _ tmn &e!4 atrJp for tba puq1CH ~
8lIIeI:CiaiAg tJle d.Qbta bare1A ilmnbKh to clear and 1lIoep ~ ell. tnes r
J:OOb. bI:ush and other obstl:uet.iaas fran the .ur&ce end ~ ~ said
.tap. '1be ~ for "77A!r.- eel. "'~ r ~"'''f 1'laUs.
~Iton. ~ton. lFllOOt..OCIQ ~ .. . Il8I:eb7 cownm tlat no
~b1 atxuct.ur:w or *t:r:uc:tmn lIba1l be ~";.s or: petJIi.tted en sa:14 s~
end tbDt no dvmga vUl .. .. by gcI4ing.or othlmd.le to tba allrface or
su1:Ia\II:'face of the strip OC' tha gRUnlS !nme41at:ely adj<<:8nt to .md at:rip. 'D:la
granteea agaile to par for ~ &.rages ariving f1'QIIl tbe COCIStx\lctiQn aIlIS
lII1i1\tenance o~ the afoI;uaj4 ll)'atems.
___ . ?': :;ll:) ""cumental)' Stamp rIJ
~ $ ~ I A Clns"'CO' lmana/blt
IJ,I. _ Persocm Property T IX
l:GLU~N11 ~LERK Of COURTS .
IV ~~- X""~ DC
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1. beJ;eby c:ut1fy that on tb1tI &q ~... - offS,Qer ~
1IUtbcJri,zel1 jn ~ state end O:IUnty ~ to tUIa ~ts.
~l""Y ~ J. R. curcie. Vice prARi"...nt- aDd
RoI!I~ ~.S:.Ul.a- s.e.~au tD &1lO ~ 4114 ~ to l>> C)
tha ~ ~ 1ft a1d..WO aecuted the ~QQ :Su~t ~ Cl
.. ~t: aorS secz;etaJ;y. JleIpectivaly. of tba <>o,~oa.t:!.c>> ~ ~ CJ
tbID:e1n. anr:S M\.~l'ly ecmov18lged befaI:a me that: tboY ~ the n1 CD
Al10 as euch off'........ 1ft tM _ os: d ClQ bebaU of aa!4 cm:pomt1on.
Wi.tnCSS nv bDnl1 and offi.c:Lol sul in tbe Oluntr eD4 Star. ~1~
this /,.- daiI of ~~ ' A.E.. 19~iK;:J ,
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cs.ty. ..Sta~7lo'" __'-'. :;. iI:llI"'"
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1683
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EXHIBIT ...A..
p,.J:.... of.J..L..
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"
^ ~.O foot w1dB OCIIJClIlDOt locatocl in &'rS~""-. Section 34-T485-..R26E baing
the .... 1anda ~ in. Wamlnty oe.d &'OClllIL'ded in O.R. IbQk 954, P4ge
1927 of the Publlc RiIcocd8, Clollioz: ONnty, F1odda, ..id 5.0 foot ~ strip
belAg nom pu:t;1cu1Arly deacr1bed .. fol.lc:M.
~ at a conc:tete ~t .toq)ed q.uu;tu (\) comer HCticn 34 " 3S
TownIhip 48, Goutta Mng8 26 Baat mK1d.ng,
'1bInoI 5-01"37'>>".B, - 12Sg.20 foot,
'IbDnce s-at'01'27.-E. - 100.09 teet to tbII b:ue Paint of BegiMinsl of th&
hon1n ~ 5 Iioot wide .tap of :Lend. being the ~t C1Qmu of IS 3~
IIqUIIIft .foot tract: .. ~\)M :In . Grant of Eeaonent tran GlacSu Ilcc:k ColCp.
to ~ ~ en4 ~ Cclqleny, Po NlN ~ork QUp. ~ 1n o.ft.
Book 1277. Page! 1573 of said OU\ty Recorda.
~ H-Ol.27'n....., . cS1I5tonce of 5.0 feet,
'Ihenco H-e,'Ol'27"-W. prara11el with and 5.0 feet Norther1y .. II8Ul.lI*l at
Dgbt englaa &all tba IlX1J\ 1.ine ~ a.U4 3,Z50 ~ fQot Pll"lOl6 tUatance
of 70.0 feet,
'Jbet1ce 8-O.'27'32"-B. plIriI11e1lf1.th &lid 5 fieot lMta:ly.. ~ at rtght
&IQglelI ~ tl1e Wlla~ Una of Mid 3,250 squar:e feet pIIJ:'08l for . dUtance
of 55.00 feet, saicS poX1:lel deac::r.tbed OClntaina 600 ~ feet.
'IbeQc:e &090'01 '21.-8, a diatanoa of 5.00 feet to a pnnt, be1ng t:b8 Soutmle&t
Comer of sa.1c1 3.250 IIqUlIr8 foot prm:l8l.,
'Jb!noe N-Ol"21'32" along tbe West line of aaicS 3,250 SQ.rr. pux:el a 41atanoa
of 50.00 ~t. to the NortlNeat <:lor:nar ~,
'Jbeno8 6-e9'Ol'27.-E, a1.ong tb8 JobCt:b lJ.ne of said 3,250 8qUIIX8 foot tnct
.' 41at=oe of 65.00 feet to tb8 tba;tbeMt o:.mer the:r:eof. bQng also the
I\)iftt of Beg1mi.ng of the Jm:e1n daacdbe4 5.0 foot wiOe .trip of lDn4
cxmt4Waln9 600 Squan IWt of lard. Ift)W or ~.
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6' CHAIN U tlK Fe:~CE
PROJ NO 8704&-~
MA\ 8 .191U'
QUANt HALL ASSOCIATES
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AUlCE.L .11
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COLLIE.R COlJHT'f FLORIDA
nEUlBOO.. L~~~..... _16
RfV'$E~ 7-7-17 CttANGt;O 0151 6000'
PRO.. f<lu.87046-1 "'A'f 8 1987
DUANE HAU. AS$OCIATES
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EXHIBIT .L
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ft ..-
to .q: ....-""'"
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0..- 1
(f)
RICHARD D. AND FRANCIS A. CRAIG
O.R. BOOK 2107, PAGE 1174
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------------------------------------
L170
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2
of the Northeast 1/4 of the Southeast 1/4 of
Section 34, Township 48 South, Range 26
East, and being 0 portion of those lands
described in O.R. Book 2107, Page 1174, of
the Official Records of Collier County, Florida,
being more particularly described as follows:
Commencing at the East 1/4 corner of
Section 34. Township 48 South, Range 26
East; thence N.89'5,'33"W. along the North
line of the Southeast 1 /4 of said Section 34,
a distance of 100.09 feet to its intersection
with the Westerly right-of-way line of County
Road 951 (Collier Boulevard); thence
S.02'16'O 1 "E. along said right-of-way line, a
distance of 1,004.15 feet to the POINT OF
BEGINNING; thence continue S.02'16'01 "E. along
said line, a distance of 334.72 feet to its
intersection with the South line of the South
1/2 of the South 1/2 of the Northeast 1/4
of the Southeast , /4 of said Section 34;
thence N.89'49"'''W. along said South line, a
distance of 64.06 feet; thence N.02'16'0'''W.,
a distance of 334.71 feet to its intersection
with the North line of the South 1/2 of the
South , /2 of the Northeast 1/4 of the
Southeast 1/4 of said Section 34; thence
S.89'49'47"E. along said North line, a distance
of 64.06 feet to the POINT OF BEGINNING.
Containing 21,422.33 square feet or 0.4918
acres, more or less.
LINE
L169
L170
LINE TABLE
LENGTH
64.06
64.06
NOTES:
1. This is not a survey.
I
I
\
BEARING
S89'49'47"E
N89'49'11 "w
2. Basis of bearing is the West line of County
Road 951 (C.R. 951) being S 02'16'0'" E, Florida
State Plane Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plat, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
EXHIBIT ...5...
Page-Lof \
,P: . (FOR THE FIRM)
5834.
'7 -Jc1 "0 1
NOT VALID WITHOUT TH,E SIGNATURE AND THE
ORGINAL RAISED SEAL" OF A FLORIDA LICENSED
SURVEYOR AND 'MApPER.
CERTIFICATE OF AUTHORIZATlqN. LB #43
(DATE SIGNED)
PROJECT NO.: 65061 PARCEL NO. : 1.31
WI,..'118'..'*-
#'limn . ~ ' EccIogIIfI . an.rm . ~ AnMIctr . ~b1 CcllllII.fInlr
~, tlc.
__ ' Fcrl.... . llndt . IhlInan . T.,.
1BJl"""~ Uta ,,. AItlI3GffA11 .fIln l.lH\HNll. Fa aHfHm' IIIIHIlt ........_
S.p 23. 2003 - 10:~6:42 t.tI..AMUREIX;\SUR\N601:l\9~hd100.dwg
200
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH & DESCR@TlON
09/200:1
PROJECT NO,:
N6015-005-000
SHEET NUlIIBER:
1:11 OF XXX
FILE NO.:
2L-812
1\6 B3 I .
\ I I
\ I I
h \~ \
\ ,,-... I ~
~ n:::
I -l
0 I ~
n::: <(
u
0
RICHARD D. AND FRANCIS A. CRAIG 0 .-
..... Lt")
O.R. BOOK 2107, PAGE 1174 ......... c1l
.....
Lt")
O'l
I ~
u
5~~
P.J
100.09'
164.15'
I
~.
lEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of Section 34,
Township 48 South, Range 26 East, and being a
portion of those lands described in O.R. Book 2107,
Page 1174. of the Official Records of Collier County.
Florida. being more particularly described as follows:
Commencing the Southeast corner of the Northeast
quarter of the Southeast Quarter of said Section 34
Thence North 89'49'11" West along south line of the
northeast quarter of the southeast quarter of said
Section 34 a distance of 1 00.09 feet to its
intersection with the Westerly right-of-way line of
County Road 951 (Collier Boulevard) thence continue
along said south line North 89'49'11" West 64.06
feet: Thence North OT 16'0 1" West. a distance of
25.02 feet to the POINT OF BEGINNING; thence North
89.49'11" West, a distance of 5.00 feet; thence South
OT16'Ol" East, a distance of 20.02 feet; thence
North 89.49' 11" West, a distance of 38.04 feet;
thence North 02.16'01" West, a distance of 50.05
feet to its intersection with a line lying 55.00 feet
North of as measured at right angles to the South
line of the northeast quarter of the southeast quarter
of said Section 34; thence South 89'49'11" East,
along said line a distance of 43.04 feet; thence
South 02'16'01" East, a distance of 30,03 feet to
the POINT OF BEGINNING.
... '~'" .,'. . . ",
ContainiQg~.,~~~5L~'; 'square feet or 0.0471 acres,
more or ess. ,
nUb.eC't..{ tp'.~)eml! ,.t,s~~jcind restrictions of record.
, (. '\ (~~,(;)'( ~. { I@
~ ,.,r" f
DAVr'o), J!;:5.~ (FOR THE FIRM)
FlORI!;)'iA.' C. NQ); 5.Rl!4
~, }."
'llj U\ .'
/. . ""J'
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAl RAISED ,,' SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION lB #43
UPDATED PER COUNTY COMMENTS 08/04/05
UPDATED PER DESIGN CHANGES 08/02/05 ~
UPDATED PER COUNTY COMMENTS 03/07 /05 ~
UPDATED PARCEL NUMBER 01/05
PROJECT NO.: 65061 PARCEL NO. : 931
LINE TABLE
LINE LENGTH
l1 25.02
l2 5.00
LJ 20.02
l4 38.04
5 50.05
l6 43.04
l7 30.03
NOTES:
1. This is not a survey,
2. Basis of bearing is the West line of County
Road 951 (C.R. 951) being S OT16'01" E. Florida
State Plane Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plat, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. O.R. represents Official Records.
9. L.S.E. represents landscape Buffer Easement.
10. U.E. represents Utility Easement.
EXHIBIT c.. l
Page-Lof 1
w....,..~'
Pf-. EngIMft EooIog/o SUM""". lMrdap8Arc1l1lecm ~ ConIUll8nIl
W/lsonM/IIer, Inc.
H"" Fat""... SnIllfI.lhddrr I'fIr\:II 09/200.3
3200'" Ln, &i112r>> H..... FbfdI34fOHSON'11IIIIt 23H4,..0411 Fill 23H4U716 tMo&Tt mr,IIIJlnrIItr,QIII / .
Mar 24. 2004 .- 13:06:44 MLAMUREIX:\SUR\N6015\951sd100.dwg
COLUER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH 4t: DESCRIPTION
PROJECT NO.:
N501S-00S-000
SHEET NUMBER:
9.31 01' XXX
mE NO.:
2L-812
1 P 83 I.
h h \
I 0
,,-... I e::::
I ~ .-J
~ I <t
\ e:::: z
<t
0 U
RICHARD D. AND F'RANCIS A. CRAIG 0 ~
O.R. BOOK 2107, PAGE 1174 .-- If)
......... en
.--
If)
en
I ~
u
5Lj ~
\
N89'49'1 "w
\
LEGAL DESCRIPTION
A portion of the South 1 /2 of the South 1 /2 of
the Northeast 1 / 4 of the Southeast 1 / 4 of Section
34, Township 48 South, Range 26 East. and being a
portion of those lands described in O.R. Book 2107.
Page 1174. of the Official Records of Collier County,
Florida, being more particularly described as follows:
Commencing the Southeast corner of the Northeast
quarter of the Southeast Quarter of said Section 34;
Thence North 89'49'11" West along south line of the
northeast quarter of the southeast quarter of said
Section 34 a distance of 100.09 feet to its
intersection with the Westerly right-of-way line of
County Road 951 (Collier Boulevard) thence continue
along said south line North 89'49'11" West 135.13
feet to the POINT OF BEGINNING; thence North
89'49'11" West, a distance of 16.00 feet; thence
North ocr 10' 49" East, a distance of 40.00 feet;
thence North 38'00'50" East, a distance of 18.99
feet to its intersection with a line lying 55.00 feet
North of as measured at right angles to the South
line of the northeast quarter of the southeast
quarter of said Section 34; thence South 89'49'11"
East, along said line a distance of 30.03 feet;
thence South 02'16'01" East. a distance of 16.01
feet; thence North 89'49'11" West, a distance of
15.01 feet; thence South 41'17'45" West, a distance
of 17.26 feet; thence South 00'10'49" West, a
distance of 26.00 feet to the POINT OF BEGINNING.
LINE
l1
L2
13
L4
L5
L6
L7
L8
LINE TABLE
LENGTH
16.00
40.00
18.99
30.03
16.01
15.01
17.26
26.00
EXHIBIT 0
PasIe--L- of--L-
NOTES:
1. This is not a survey.
2. Basis of bearing is the West line of County
Road 951 (C.R. 951) being S 02'16'01" E, Florida
State Plane Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
Containing 1,282.68 square feet or 0.0294 acres,
more or less.
Subject to. "oseme.nJs and restrictions of record.
!. 1 ~.
4. Easements shown hereon ore per plat. unless
otherwise noted.
:,
DAVID J. HYA, , .'J'.s.,~k THE FIRM)
FLORIDA LJC. "Nqr" 58J~ _",
J ."" "" ,I
'r- t' . - -J.. t
.I ~:.:- ~- r
... i 4.,/
NOT VAUD;W\T,.HOUr lIJ.!'E'SIGNATURE AND THE
ORGINAL RAISt!} t.StA,L. OF A FLORIDA LICENSED
SURVEYOR AND"MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P .O.C. represents Point of Commencement.
8. O.R, represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
N
. j
o 25 50 100 200
GRAPHIC SCALE
PROJECT NO.: 65061 PARCEL NO. : 531
W;I"""..'~-'
Prl/flfl<<l EngIn_ EcoIO{/IIlP SurWym' ~P' Antr/llJc:fI 1hrnIpot'/lIfat Con81il8nll
WIIsOIIMlller, Inc.
/IIPfI Fat M)trt, SnIIIlI ,BrIdtnIDn r.n.,.
3.2OO1la!I}'Ln,&1Ilt2l>> "'1'IoIfdI341~'PflfJnt Z3N4P-4001 'II( Z3N4U71e w..stIt ,"""IIfJcmIf.,calI
Mar 24. 2004 - 13:06:44 MLAMURElx:\SUR\N6015\951 sd1 OO.dwg
COLUER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH && DESCRIPTION
08/2005
PROJECT NO.:
N5015-005-000
SHEET NUMBER:
531 OF XXX
riLE NO.:
2L -812
1
.
o [-"~~:EJ~~3~~
..... Ln 100.09'
9,...
to ..f ~...._..:o. p.o.e.
""0
NO
0.....
Vl
----------------------------------------------
L174
L173
L172
---------------------------------------------
L171
RICHARD D. AND FRANCIS A. CRAIG
O.R. BOOK 2107, PAGE 1174
LEGAL DESCRIPTION
A portion of the South 1/2 of the South 1/2 of the
Northeast 1/4 of the Southeast 1/4 of Section 34.
Township 48 South, Range 26 East, and being a
portion of those lands described in O.R. Book 2107,
Page 1174, of the Official Records of Collier County.
Florida, being more particularly described as follows:
Commencing at the East 1/4 corner of Section 34,
Township 48 South. Range 26 East; thence
N .89' 51' 33" W. along the North line of the Southeast
1/4 of said Section 34, a distance of 100.09 feet to
its intersection with the Westerly right-Of-way line of
County Road 951 (Collier Boulevard); thence
S.02'16'01" E. along said right-of-way line, a distance
of 1.004.15 feet to the POINT OF BEGINNING; thence
continue S.02'16'O 1" E. along said line, 0 distance of
334.72 feet to its intersection with the South line of
the South 1/2 of the South 1/2 of the Northeast 1/4
of the Southeast 1/4 of said Section 34; thence
N.89'49'11"W. along said South line, a distance of
64.06 feet; thence N.02'16'01"W., a distance of 26.04
feet; thence. N.8T43'59" E., a distance of 15.31 feet;
thence N.02'16'01"W" a distance of 17.32 feet; thence
S.87' 43'59"W., a distance of 15.31 feet; thence
N.02'16'01"W., a distance of 291.35 feet to its
intersection with the North line of the South 1/2 of
the South 1 /2 of the Northeast 1 / 4 of the Southeast
1/4 of said Section 34; thence, S,89'49'41'E, along
said North line. a distance of 64,06 feet to the POINT
OF BEGINNING.
Containing 21,156.48 square feet or 0.4857 acres.
more or less.
DAVI().?J~'HY. " .',. t:';(fOR,:7HE' FIRM)
:F~9~Pf ~19i ;~~j, .!~ 1-:\)< ,
.' ", 111'\ -'~'''I .....~U'.r..... .. <.' . <_,",
,:,;,;:~~: if,' i-. t', ,J(DATES,IGNED)
, ., t..,. I ,'.. 'I '
:, ~6t>,v,'.~.,,';;~,~,~,~,~w, JiMti,u t~,~,,' hit"~'IG~ATURE AND THE
."O.~GINg~~}~4!lSl!:tj\~S~t:"OF A FLORIDA LICENSED
. SURYEYOR/.AtND,,,MAPPER
CERTidcATE;iOFAUTHORIZATION LB #43
1. REVISED PER COUNTY COMMENT 7-01-05
PROJECT NO,: '65061
Wi"""rk'.~-
Pla""ort EnglMn EooIovIa" SUmI)'In' Und_". MlIIIlaofI ltJrrMpcmb 00ntuIlanII
WlltorrMIII'r. Inc. '
Hip!" F<I1MJn,Smoar '1Jnil.IInb! .....
32fJ) ell" LMif, M If>> Hlfifl, FIotIf. J(f~7,F'IIa!t 13U414(I/(J Fu nH4U7t6 I1'INlt ,"""IIIIcmIrr.m
, . - ...'~ .......... .
o
o
.....
'-'"
Ui)
.O'l
ci
u
L
I
---------
I
\
LINE
L169
L17
.L17
L1 2
L17
L174
NOTES:
LINE TABLE
LENGTH
64.06
64.06
26.04
15.31
17.32
15.31
1.
This is not a survey.
-,
~
~
a::
-l
<(
~
U
J;
C1>
a::
u
~
I
I
\
2. Basis of bearing is the West line of County
Rood 951 (C.R. 951) being S 02'16'01" E, Florida
State Plane Coordinates NAD 83/90, East Zone.
3. Subject to easements. reservations and
restrictions or record. .
4. Easements shown hereon are per plot, unless
otherwise noted.
5.
6.
7.
8.
9.
10.
ROW represents Right-of-Way.
P.O.B. represents Point of Beginning.
P .O.C. represents Point of Commencement.
O.R. represents Official Records.
L.B.E. represents LandScape Buffer Easement.
U.E. represents Utility Easement.
EXHIBIT ...E-
Pege.....L- of-L
N
o 25 50 100./ 200
GRAPHIC SCALE
COWER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH ~ DESC~pnON
09/2003
PROJECT NO.:
N5015-005-000
SHEET NUMBER: FilE NO.1
131 OF' XXX 2L-812
ITEM NO.:
DATE RECEIVED:
1684
(lfe'!,1:.:
CO!;A/TY'- OE /HE
o AT10F1Nrv
tOO.5 ", "3 -,
VI;,} / Pi'! c;.
V' 19
FILE NO.:
ROUTED TO: O(p- Pp,C-tXJ39Y
DO NOT WRITE ABOVE TillS LINE
Rek.l Zad'=f (
/~. Assistant County Atlc. 114\~
From: (.' Brenda Brilhart, Purchasing Agent ;r~
' '. ~
'. ,
\ ~
Contract #06-3900 "Annual Contract for Wetland Mitigation Credits"
c~g~
Huld t5v ~W1
~~ to W/YlltC.
if \~ \ D00~
~\SCf()
REQUEST FOR LEGAL SERVICES
Date:
January 19, 2006
To:
Re:
Contractor: LPI Wetland Mitigation Bank, Ltd.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 10, 2006.
Agenda Item: 16.BA
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.
DATE:
TO:
nt':
FROM: 'I)x
,. j
RE:
1684
,.
Memorandum
~
January 19, 2006 :{; \ '\)~
\) \\(t'\..'-\
Sheree Mediavilla, Senior Analyst J
Risk Management Department
Brenda Brilhart, Purchasing Agent
Review ofInsurance for: #06-3900 "Annual Contract for Wetland
Mitigation Credits"
Contractor: LPI Wetland Mitigation Bank, Ltd.
This Contract was approved by the BCC on January 10,2006 Agenda 16.B.4
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 239/774-8446
/f.'
Th<. C v..r; f<.<:V6:i ~ ~
A'U-~ J::i '/c. Y IV'"-rn-~,)
cc: Gary Putaansuu
j Arr.~.
bu.,.- IV~
M~ /l~
~ertJo
,
<K::>o
~
1684
MEMORANDUM
Date:
February 10, 2006
To:
Brenda Brilhart
Purchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Contract #06-3900
"Annual Contract for Wetland Mitigation Credits"
Contractor: LPI Wetland Mitigation Bank, Ltd.
Enclosed please find three (3) original documents, as referenced above,
(Agenda Item #16B4), approved by the Board of County Commissioners
on Tuesday, January 10, 2006.
An original has been retained in the Minutes and Records Department
and one has also been sent to the Finance Department.
If you should have any questions, please contact me at 774-8406.
Thank you.
Enclosures (3)
. (c;
16B4
,. ,
I ' .'"
" ...;..,- ':. ,r- i
Ji\J 11' ,ArC(""J"\
,\, "'-'"tlJ'!::.,'
t"l,.",\.-
"",.'J
-7 PN I: J I
AGREEMENT
THIS AGREEMENT, made and entered into on this 10th day of January 2006, by and
between LPI Wetland Mitigation Bank, Ltd., authorized to do business in the State of
Florida, whose business address is 13451 McGregor Boulevard, Suite 31, Fort Myers, Florida
33919, hereinafter called the "Contractor" (or "Consultant") and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
January 10, 2006 and terminating on January 9, 2007
The County may, at its discretion and with the consent of the Contractor, extend the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end ofthe Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide mitigation credits in
accordance with the terms and conditions of Bid #06-3900, "Annual Contract for
Wetlands Mitigation Credits" and the Contractor's proposal hereto attached and made
an integral part of this agreement.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
together with the cost of any other charges/fees submitted in the proposal.
Any county agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s).
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
LPI Wetland Mitigation Bank, Ltd.
13451 McGregor Boulevard, Suite 31
Fort Myers, Florida 33919
(239) 481-2011
(239) 481-8283 (fax)
1684
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
5. NO PARTNERSHIP. 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.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured, The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
2
16B4
8. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: 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 Ill, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate
termination of any contract held by the individual and/ or firm for cause.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a seven (7) day written notice. The County shall be
sole judge of non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident,
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 30 days prior to any expiration date. There
3
16B4
shall be a 30 day notification to the County in the event of cancellation or
modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor or Consultant shall indenmify and hold harmless Collier County, its officers
and employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of Contractor or Consultant
or anyone employed or utilized by the Contractor or Consultant in the performance of
this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an
indenmified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Transportation Engineering & Construction Management
Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, Bid #06-3900 Specifi-
cations/Scope of Services and Addendum.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17, VENUE. This agreement shall be construed in compliance with Florida Laws. Venue
shall be in Collier County, Florida.
4
1684
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
Dwight E. Brock;Clerk of,Courts
~~e~~~~~~QC.
~-tf!r't.. Oft I-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'1uJ- W, c+
Chairman
By:
-JL,'t~~~~
First Wi ess
LPI Wetland Mitigation Bank, Ltd.
c=rr~J~ ~
Signature
By:
sh~ Ii<- T c5 GUh''')(
iType/print witness namei
~pJ~
Second Witness j
(Z-lCt.fr#P M DI'cpg.)
,
iType/print witness namei
Raymond A. Pavelka
Typed signature and title
President,
Mariner Properties Development, Inc.
as General Partner of
LPI Wetland Mitigation Bank, Ltd.
Approved as to form and
legal sufficiency:
C~(y)~ 0
Assistant County Attorney
i i:m ~ ~(e ~ { . Ii
~;~;d, -I () -Dle
~:~dJ.-=IO- 0 {p
._..~- - 0.(.
1 [lap. .Ierk .,'
I ;1
""'- --" . -- ~.. .-. ..--..-;i
5
uate: 1/.j l/UO UL:O.l t'M
;:,enaers t-ax IU: .l.j~.lKS1.,jl}4..j
page L OJ .l
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
5
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UpON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AlIENO, EXTEND OR
ALTER THE COVERAGE AFl'ORDED BY THE POLICES BELOW.
'mYl
/06
PRODUCER
Private Client Insurance
9736 commerce Center Court
Fort Myers FL 33908
Phone:239-481-1949 Fax: 239-481-2911
INSURERS AFFORDtNG COVERAGE
NAIe #
INSURED
Mount Hawle Insurance
Zurich North America
Mariner Properties Deve~o~nt
13451 MCGregor Blvd. su~te 127
Fort Myers FL 33919
INSlRER A
INSURER B
It.lSWERC
INSURER D'
INStRER E
AS:Jo<:i.atced D>dustcri._ :InsurVlC
11-IE Pcx..1CIES CF !NSlRANCE LISTED BELOW HAVE BEEN ISSUED TO TI-E ~ NAMED ABOVE FOR Tl-E POLICY PERIOD INDICATED. NOTWlTHSTA1'Dl1\J3
/'NY REOUIRaENT, TERM OR ca..omCN Of Nrf CONlRACf 00 OTtER ~ Wl1H RESPECT TO 'NHICH THIS CERT1FICA1E MlI..Y BE ISSlED OR
MAY PERTAIN.1l-t=: INSI..RMICE NFOODEO BY l1-E PQUCiES DESCRIBED rEREJN IS SlBJECTTO,AU TJ-E TERMS. EXo.l1S1CNS N>lD CQNOmONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDJCED BY PAlO ClAIMS.
L'" r.::;;.; TI1'E '" INSURANCE POUCY ........ I DATE fIUDDIYY} DAn: (MMIDDIYY} lNTS
~llABLlTY EACH OCCLmENCE .1000000
A "'- ~.eRCIAL GE!\ER.IlLLlABlllTY MGL0143686 01/01/06 01/01/07 PREMISES (Ea occurence) . 50000
f-- CLAIMS f.Nl,CE ~ OCaJR MEn EXP (Any one person) .5000
PERSONAl & ADV INJ...HY .1000000
GENERAl AGGREGATE .2000000
~~AGGREGATE LIMIT APn PER PRODLCl"S - c:a.wfOP fJ.I:;G $ Included
PCXXY n ~gy. lOC Emp Ben, 1,000,000
~OMOBILE~1lY COMBIf>Hl SINGLE LIMIT ,
N<YI'UTO lEaaccldeft)
c-
I- ALL OV\INED AUTOS BODILY INJl.RY
(Perpm;;oo) .
>- SCHE!XJlED AIJrOS
A ~ HIRED AllTOS MGL0143686 01/01/06 01/01/07 BODILY IN..Jl.R,(
01/01/06 01/01/07 lPeraccider1) $ 1000000
A 0- NCtl/-OV.JNEDAlJTOS MGL0143686
PROPERTY DAMPoI3E .
jPBrBCcidBrt)
~~~m I AUTO ONLY - EAACCIDENT ,
N<YI'UTO OTriER lW\N EM-CO .
AlfTOON...'(' AGO .
EXCESStlJliERS-LA UABLlTY EAO-1 OCCURRENCE $ 5,000,000
B X OCCUR o CLAlMSMADE AUC937857802 01/01/06 01/01/07 AGGREGATE .5,000,000
.
~ DEOOCTIBtE .
X RElENTION .0 .
WORKERS COMPENSAT1ON AND Tr~\-t:~rrs I IUJ~-
C EMPLOYERS'LIA.8IJTY 2006334631 01/01/06 01/01/07
IWf PRCf'RJETOPJPAATNERIEXECUTIVE E.L EACH ACCIDENT . 1000000
C1'FICERlMEMBER EXQUOEO? E.L DISEASE - EA EMPLOYEE $ 1000000
11 yes. Oescribeunllar
SPEClAL PROVISIONS below E.L DISEASE - POlCY LIMIT .1000000
On<ER
I
OESCRPTlON OF OPERATIONS I LOCATIONS J VB-IClES I EXCLUSIONS ADDED BY EI'IXIRSBENT I SPEClAL PROVISIONS
CERTIF"ICATE HOLDER IS SHOWN AS ADD"ITIONAL "INSURED
COVERAGES
CERTIFtCATE HOLDER
CANCELLATION
COLL330 SHOtA.D Nf'( Of THE ABOVE DESCRBB) POUCE$ BE CANCB..1.ED BEFORE THE EXffiATlON
DATE THEREOF, THE tsstING INSURER WIll ENDEAVOR TO MAL 10 DAYS WRrTTEN
-
COLLIER COUNTY GOVERNMEN'l' NOncE TO TlE CERTFlCATE HOLDER NAMED TO nE LEFT, BUT FALURE TO DO SO SHAll
PURCHASING BUILDING IIFOSE NO OBUGATION OR UABIUTY Of NN ~ UPON THE 1NSlRER. ITS AGENTS OR
3301 E. TAMIAMl TRAIL RB"RESENTATlVES.
NAPLES FL 34112 I 'l::7J Re'RESENTAT"'" I
Clt-..... A029920
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
1684
MEMORANDUM
Date:
March 2, 2006
To:
Brenda Brilhart
Purchasing Department
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Contract #06-3900
"Annual Contract for Wetland Mitigation Credits"
Contractor: Ruby Red Equities DBA Big Cypress
Mitigation Bank
Enclosed please find three (3) original documents, as referenced above,
(Agenda Item #16B4), approved by the Board of County Commissioners
on Tuesday, January 10,2006.
An original has been retained in the Minutes and Records Department
and one has also been sent to the Finance Department.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosures (3)
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.)
168 l'
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures. dates. andlor infonnation needed. If the document is already complete with the
exception of the Chairman's silmature, 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 routing order)
l.
2.
3. ~1r.J\(;
4. Colleen M. Greene Assistant County Attorney CMVI' 03/01106
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primal)' contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Brenda Brilhart, Purchasing Agent Phone Number 774-8446
Staff Contact
Agenda Date Item January 10, 2006 Agenda Item Number 16.B.4
was Approved by the
BCC
Type of Document Contract #06-3900 "Annual Coutract for Number of Original Five (5)
Attached Wetland Mitigation Credits" Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
anDroDriate. (Initial) ADnlicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
signed by the Chainnan, 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 nossiblv State Officials.)-
2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other narties excent the BCC Chairman and the Clerk to the Board
3. The Chainnan's signature line date has been entered as the date ofBCC approval of the CMG
document or the final negotiated contract date whichever is annlicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's CMG
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip CMG
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on January 10. 2006 (enter date) and all CMG
changes made during the meeting have been incorporated in the attached document.
The County Attornev's Office has reviewed the chan!!es, if applicable.
I: Forms! County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1684
Memorandum
DATE:
February 8, 2006
\.\. oft
D"?'\'d
FROM:
Sheree Mediavilla, Senior Analyst
W, Risk Management Department
t!W Brenda Brilhart, Purchasing Agent
TO:
RE:
Review of Insurance for: #06-3900 "Annual Contract for Wetland
Mitigation Credits"
Contractor: Ruby Red Equities DBA Big Cypress Mitigation Bank
This Contract was approved by the BCC on January 10, 2006 Agenda 16.8.4
Please review the Insurance Certificate in this Agreement for the referenced Contract. If
everything is acceptable, please forward to the County Attorney for further review and
approval. I would appreciate it if you would advise me when it has been forwarded.
If you have any qucstions, please contact me at 239/774-8446
cc: Gary Putaansuu, TransportationlTECM
~~
ITEM NO.:
(,,1" 0 4,
. :,.Jr, .j~J-fL 'r:
IXiUNT)'fi 7'~~.~ 1,-..
1 1 Ulll\lt l'
?l')t16 ~-
Leu ;';'110
'-., , p,,/t. 4
J, j. J
DATE RECEIVED:
FILE NO.:
ROUTED TO:
0' - PIJG- 00 Cf 0)...
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
3\ \ \~LDse
~\S'cf'()
Date: February 8, 2006
To: Ru\"",tZaeharyColleell/ Gr...eNe.,.
Assistant County Attorney
From: @)Brenda Brilhart, Purchasing Agent
Re: Contract #06-3900 "Annual Contract for Wetland Mitigation Credits"
Contractor: Ruby Red Equities DBA Big Cypress Mitigation Bank
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 10, 2006,
Agenda Item: 16,B.4.
This item has not been previously submitted.
ACTION REQUESTED:
()J.
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC fi 'gnature after approval. If there are any questions \I::!-o M9.~
e d ltf11ent, please contact me. Purchasing would appreciate d-\~ \\(\\'1)'
en the documents exit your office. Thank you. . ~'- . l. .. j
~~, ,~ ~-
~ ,,\<<' ~~S\~ . ~ )( \~
--- JJi: l-D' (}-.J\ ~ ~
;)\'~~('f~\Y' \~\l
-'\\) '\ Ov,c(S ~ ~ '\>~\
~ -J\
1684
AGREEMENT
THIS AGREEMENT, made and entered into on this 10th day of January 2006, by and
between Ruby Red Equites dba Bid Cypress Mitigation Bank, authorized to do business in
the State of Florida, whose business address is 12800 University Drive, Suite 400, Fort Myers,
Florida 33907, hereinafter called the "Contractor" (or "Consultant") and Collier County, a
political subdivision of the State of Florida, Collier County, Naples, hereinafter called the
"County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
January 10, 2006 and terminating on January 9, 2007
The County may, at its discretion and with the consent of the Contractor, extend the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Con,tractor shall provide mitigation credits in
accordance with the terms and conditions of Bid #06-3900, "Annual Contract for
Wetlands Mitigation Credits" and the Contractor's proposal hereto attached and made
an integral part of this agreement.
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
together with the cost of any other charges/ fees submitted in the proposal.
Any county agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s).
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Ruby Red Equites dba Big Cypress Mitigation Bank
12800 University Drive, Suite 400
Fort Myers, Florida 33907
(239) 415-6221
(239) 415-6211.(fax)
1684
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attn: Steve Carnell
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
5. NO PARTNERSHIP. 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.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, P.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
2
1684
8. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate
termination of any contract held by the individual and/ or firm for cause.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a seven (7) day written notice. The County shall be
sole judge of non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. lhis shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. lhis shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 30 days prior to any expiration date. There
3
1684.';
shall be a 30 day notification to the County in the event of cancellation or
modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor or Consultant shall indemnify and hold harmless Collier County, its officers
and employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of Contractor or Consultant
or anyone employed or utilized by the Contractor or Consultant in the performance of
this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Transportation Engineering & Construction Management
Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, Bid #06-3900 Specifi-
cations/Scope of Services and Addendum.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. VENUE. This agreement shall be construed in compliance with Florida Laws. Venue
shall be in Collier County, Florida.
4
1684
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATIEST:.
Dwight E.BJ;9,C("Chirkof Courts
B*tOC(!J~01 fW{) , .oC
D e ::,3-2-21,...
(Sg>AJ:,>:>" ,
'_ ~. '," -..~~.' ... " ,.l
Atust.:js.USGh'ilraan' $
11IAltllrt'tIIllj.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~r~~ ~
Ruby Red Equites dba Big Cypress Miti~ation Bank
Contractor
.' ,,--.
[jrUkN J . L/LI /"1
First Witness
Do U),l A. Te VI V\.
tType/print witness r;;m\t
(l'lM,1~
/ Second Witness
By:
.P.
Doug Cardello, Chief Financial Officer
Typed signature and title
~^f/h) Ikl--
1 ype/print witness namet
Approved as to form and
legal sufficiency:
0cf/1J2v17r1 Jjlfr)~
/"
Assistant County Attorney
Item # \ loB
Agenda l-l D -ll
Date If!
5
rrUlI1. L.~L.IOI::f~
IU. \,;)t:!UIYld
r-dyt:!. L.I.:J
UdL"'. L.lL.O/L.~U .:J.UL.. loJ r-I'II
ACORD~ CERTIFICATE OF LIABILITY INSURANCE
PRODUCI!R Phof12: 800-548-1808 Fax~
Brown & Brown - Fort Myers, FL
3620 Colonial a1vd., Suite 200
Fort Myers FL 33912
239-2?8-1994
.
2 2
THIS Cl!RTlFtCATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AIiID CONfERS NO RIGHTS UPON THE CERTlFICA IE
HOLDER. THIS CERTIFICATE DOeS NOT AMEND, EXTEND OR
ALTER TIlE COVERAGE AFFORDED BY TIlE POLICIES BELOW.
I
jlNSURERS AFFORDING COVERAGE , HAlC.
: INSUR'ERA: American Empire Surplus Lines:
~8: Auto Owners Insurance Company I
: ""SUftl:RC: Commerce & Industry Insurance:
INSU~D: Pacific Insurance Co. Ltd.
-j
"..u..."
EarthMark CDS.. et a1
: see remarks for Named Insureds
12800 University Or, Suite 400
Fe. Myers FL 33907
COVERAGES
INSURER E:
TIlE POI.!CJ:ES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO TJ(f; rllSUREO NAMED ABOVE FOR TH.e POLICY PERIOD INtlICAT.E:D.
NOTWITHSTANDING AMY REQUIREMENT, T2Rfl1 OR CONDITION OF ANY CON"I'RAcr OR O'nlER DOCUMENT WITH RESPECT TO WHICK THIS
CERTIFIClTE MAY BE ISSUED OR MAY PiRT~N, THii: INSURANCE AFFORDED BY THE POLICIES' DESCRlBED HEREJ:N IS StJBJ1tCT TO ALL
THE TE~~CLUSIONS.AND CONO'ITIONS OF ~CH POLICIEs. AGGREGATE LIM1T~.~~<!!fN MAY HAVE BEEN REDUCED BY PAID CLA~~
POUCYNu.H I POLlCYI!FFECTM; JIOUCY EXPIlAlION I L*ITS
A ~NSW.UA8IUrY 6J;;P07398 11/16/2006 1/16/2007 : EACHOCC\.lRfENCE .1,000,000
: : COMIoteRCIAl GENeRAl. UA8llfTY PBeMses ~\ .100,000
rD CLAlMS4.CADE [!] OCCUR .,-
UEDEXPIAnj_......--.I . 5,000
I PfiASQNAL&ArNINJURY : .1. 000, 000
D__m__-= GENERALAGGRtOATE Ii 2,000,000
~AGG~rlLU..,T~l~lPER: PRODUCTS. COt.If>,a:> AGG ,2,000,000
: p,,'-'tv 'I ~ :X LOC: --
B ~OftEuuurv 4291616600 6/22/2005 6/22/2006 CONBlNEOSlNGU; LIMIT ,~
""V AUTO lEe.MlCidetJt) "
f ~' All OWNEDAUlO6 OOOfl YlNJURY
: X : SCHEDULED AUTOS jPerperSQf'l) :1'000~
~ HR~_~ 90DIl V INJURV
X NON-oWNED AUTOS 'IPflrIlOCidIllOlJ
: PFlOPERTY DAMAGE .
: : (Perac:clclenl)
~RAGE U41UI.JfY ~!-}'_'_~~IDENT ,
c-J IWY AUTO :
: OTtERJHAN EAACC ,
AUTO ONLY; AGO .
A Ellcn...........UA81llTY !6EX07399 : 1/16/2006 1/16/2007 EACH OCCURAEt.cCE: ,5,000,000
r OCC'-" 0 ClA"SMADE ' AGGREGATE- . 5,000,QO~
.
i ~ ~eoocnB<E ,
X FlETENT~ .10,000 ,
C WOIlI(ERaCOtlPENSAnON AND : 294702 1/1/2006 1/1/2007 Cll,i ~!i!~1'!;.1 [".];\"
E.PlOYDIS' UA8R.11Y
: : E.l. EACHACClD!:NT ,100,000
N>lV~AR1'NERIEXEClJTIVE
OffICE~ExCt.UDED? : ELD1SEASE-EAEMPLOYEE S 100,000
~~.-~o.sblllow I E_LDtSEA~-POUCYllMIT: S 500.000
D ' OTtER ': ZG0033214 ,1/16/2006 : 1/16/2007 $100,000
; Leased/Rented any 1 item
, Equipment $5,000 deductible
: wind(hail excluded
DE8CAIPTlON OF OPERA TImIS (l.OCA noNS IVEIftCUSJ EXClUllON& 400E:D BY ENDORSEMENT IKPt!ClAL PIlOV...JIIS
,See AttaChed
CERTIFICATE HOLDER
Collier County Board of County
COfIUIlis.sioners
3301 E. Tamiami Trail
Naples FL 34112
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED PoLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THER&OF. THE ISSUING INSURER
illLL ENDEAVOR TO MAIL 10 DAYS WRI'M'EN NOTICE 1"0 THE
CERTII'Z CATE HOLDER NAHlID TO THE LliF'r. BUT PAILIJRE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LLABlLITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR. REPRESEt."'XATIVES.
AUTHORIZED REPRlSENTATIVE
~~ c t<J~
@ACORDCORPORATION 1988
ACORD 25 (2001/88)
PRODUCER
Phone:
800-548-1808 Fax:
- Fort Myers, FL
Blvd., Suite 200
33912
239-278 1994
DATE (MMfODNYYY)
1/25/2006
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
..
A CORo'M
CERTIFICATE OF LIABILITY INSURANCE
Brown & Brown
3820 Colonial
Fort Myers FL
INSURED
Ruby Red Equities DBa
Big Cypress Mitigation Bank
12800 University Dr, Suite 400
Ft. Myers FL 33907
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: American Empire Surplus Lines
INSURERB: Commerce & Industry Insurance
INSURERC: Pacific Insurance Co. Ltd.
INSURER D:
INSURER E:
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 ;:,~~~ POLICY NUMBER POLICY EFFECTIVE P~iICYEXPJRATION LIMITS
LTR
A GENERAL LIABILITY 6EP07398 1/16/2006 1/16/2007 EACH OCCURRENCE $ 1,000,000
- ~~~~~~s (E~~~~~~nce\ ,100,000
- COMMERCIAL GENERAL LIABILITY
- P CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5,000
- PERSONAL & ADV INJURY ,1,000,000
I- GENERAL AGGREGATE S 2, 000, 000
n'LAGG~FrLlMIT AP~S PER: PRODUCTS - COMPIOP AGG ,~, 000, 000
POL1CY~~& X LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT ,
ANY AUTO (Eaaccidenl)
I--
.~ ALLOWNEDAUTOS BODILY INJURY
(Per person) ,
I-- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
(PeraccidenJ) $
- NON-OWNED AUTOS
PROPERTY DAMAGE ,
(Per accident)
~~GE LIABILITY AUTO ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EAACC ,
AUTO ONLY: AGG ,
A ~ESSIUMBRELLA LIABILITY 6EX07399 1/16/2006 1/16/2007 EACH OCCURRENCE $5,000,000
X OCCUR 0 CLAIMS MADE I AGGREGATE $ 5, 000, 000
,
Fx1 DEDUCTIBLE I ,
X RETENTION ,10.000 S
B WORKERS COMPENSATION AND 294702 1/1/2006 1/1/2007 X I T'6~$ItJI~S I I OJ~-
EMPLOYERS' LIABILITY S 100, 000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? ~pISEASE - EA EMPLOYEE $100,000
If yes, describe under S 500,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT
C OTHER 2G0033214 1/16/2006 1/16/2007 $100,000 any 1 item
Leased/Rented $5,000 deductible
Equipment wind/hail excluded
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
30 days notice of cancellation, except 10 days notice for non-payment
Regarding the General Liability, Collier County is named as an Additional Insured
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Collier County Board BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
of County WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
Commissioners CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
Purchasing Building SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
3301 E. Tamiami Trail THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Naples FL 34112
AUTHORIZED REPRESENTATIVE ~~c. cJ~
ACORD 25 (2001/08)
@ ACORD CORPORATION 1988
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
exce tion of the Chairman's si ature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
List in routin order)
1.
2.
3.
4. Colleen M. Greene
Assistant County Attorn
07/31/06
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Brenda Brilhart, Purchasing Agent Phone Number 774-
Staff Contact 8446
Agenda Date Item was January 10, 2006 Agenda Item 16 (B) 4
Approved by the Bee Number
Type of Document Contract #06-3900 "Annual Contract for Wetland Mitigation Number of Original Five (5)
Attached Credits" Contractor: Southwest Florida Wetlands JV Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro nate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
si ture and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bce's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on jal'\wti'~ lo..:Ql"'nter date) and all CMG
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a licable.
N/ A (Not
A licable)
CMG
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
August 1, 2006
To:
Brenda Brilhart, Purchasing Agent
Purchasing Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Contract #06-3900:
"Annual Contract for Wetland Mitigation Credits"
Contractor: Southwest Florida Wetlands JV
Attached please find three (3) original documents, as referenced above,
(Agenda Item #16B4), approved by the Board of County Commissioners
on Tuesday, January 10, 2006.
An original has been retained in the Minutes and Records Department
and one has been sent to the Finance Department.
If you should have any questions, please contact me at 774-8411.
Thank you.
Attachments (3)
ITEM NO.:
,.,'~ ;d.~:t Ut- I he
i,;OUNTY ATTORNEy
DATE RECEIVED:
2005 JUL 28 AM 8: 42
FILE NO'06-f/?O 00..5/6
ROUTED TO:
DO NOT WRITE ABOVE TIDS LINE
REQUEST FOR LEGAL SERVICES
~00
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~
Date: July 18, 2006
To: RQPprtZacbary (!,~!f~
Assistant County Attorney
From: ~'Erenda Brilhart, Purchasing Agent
~
Re: Contract #06-3900 "Annual Contract for V\l"etland Mitigation Credits"
Contractor: Southwest Florida Wetlarids JV
/
I
I
BACKGROUND OF REQUEST: /
This contract was approved by the B~ on 1-10-06
Agenda Item: 16.B.4 _ /
This item has not been previous,LY submitted.
/
,
(
ACTION REQUESTED:
OTHER COMMENTS:
BCC for signature after approval. If there are any questions
ument, please contact me. Purchasing would appreciate
the documents exit your office. Thank you.
AEOEIVfED
JUL 1 9 2006
PURCHASING DEPT.
Memorandum
DATE:
July 18, 2006
DATE RECEIVED
JUL Hi 2006
RISK MANAGEMENT
TO: Sheree Mediavilla, Senior Analyst
Risk Management Department
FROM@ Brenda Brilhart, Purchasing Agent
RE: Review ofInsurance for: #06-3900
Contractor: Southwest Florida Wetlands Mitigation Credits
This Contract was approved by the BCC on 1-10-06 Agenda 16.B.4
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 239/774-8446
cc: Gary Putaansuu
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Contract Received
Page 1 of 1
From: Michele [Mtedrick@wetlandsbank.com]
Sent: Friday, July 21, 200611:35 AM
To: BrilhartBrenda
Subject: RE: Contract Received
DArr RECEIVED
JUL 2 ~ 2006
RISK IrUAI~_
. orv"ttiEHfNr
Attachments: DOC06072l-002.pdf
Hi Brenda:
Here is the updated Certificate of Insurance to go with the eontract.
As I mentioned to you on the phone late yesterday regarding Worker's Compo
Southwest Florida Wetlands JV is partnership made up of two entities. In order for there to be an exemption
certificate filed with the State of Florida there has to be an officer that would hold the exemption certificate. We do
not have that in this situation. Southwest Florida Wetlands JV for general liability insurance audit purposes uses
their sales dollars instead of payroll dollars because wt:l ~Q..I;lI~ti,itil(i,~~~g~~ei"Ua~i~re we do not have payroll.
If you need your risk assessment people speak to our insurance agent, please let me know.
Thank you
michele
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file:IIF:\Insurance\RE Contract Received.htm
7/21/2006
(
AGREEMENT
THIS AGREEMENT, made and entered into on this 10th day of January 2006, by and
between Southwest Florida Wetlands IV., authorized to do business in the State of .Florida,
whose business address is 3200 Bailey Lane #158" Naples Florida 34105, hereinafter called
the "Contractor" (or "Consultant") and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
January 10, 2006 and terminating on January 9,2007
The County may, at its discretion and with the consent of the Contractor, extend the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Contractor ~itten notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide mitigation credits in
accordance with the terms and conditions of Bid #06-3900, "Annual Contract for
Wetlands Mitigation Credits" and the Contractor's proposal hereto attached and made
an integral part of this agreement:
3. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
together with the cost of any other charges/fees submitted in the proposal.
Any county agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s).
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Southwest Florida WetIands JV
3200 BaiIey Lane #158
Napels, Florida 34105
. (239) 633-6385
(954) 480-6250 (fax)
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 TamiamiTrail, East
Naples, Florida 34112
Attn: Steve Carnell
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
5. NO PARTNERSHIP. 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.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, P.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations'and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, county facilities for any improper, immoral or offensive
purpose, or for any purpose in .violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the Connty.
8. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: 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 ill, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate
termination of any contract held by the individual and/ or firm for cause.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a seven (7) day written notice. The County shall be
sole judge of non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. 'This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: ,Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident,
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County 30 days prior to any expiration date. There
3
shall be a 30 day notification to the County in the event of cancellation or
modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance 'meeting the required insurance provisions.
12. INDEMNIFICA TION. To the maximum extent permitted by Florida law, the
Contractor or Consultant shall indemnify and hold harmless Collier County, its officers
and employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of Contractor or Consultant
or anyone employed or utilized by the Contractor or Consultant in the performance of
this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Transportation Engineering & Construction Management
Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, Bid #06-3900 Specifi-
cations/Scope of Services and Addendum.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. VENUE. This agreement shall be construed in compliance with Florida Laws. Venue
shall be in Collier County, Florida.
t
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Cailier COllllty is an additional insured lor fJeneriil Hii\Jillty
(OVf!H)H{~~ only as tli-Hit' inttHit5l {'(lay npfhH'H fCd thh w<)rk
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Purchat;ing Dopartm,u\t
3301 East Tamiami Trail
Naples. FL 34112
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ACORD n (ZOOi/OS) 1 of 2
#172174
KB1
ACORD CORPORATKm 101l1l
~
CORD~
CERTIFICATE OF LIABILITY INSURANCE
A I gATE (IIM/llDIY'NYI
~ 01/1912006
PROClUCER THIS CERTIFICATE IS ISSueD AS A MAnER OF INFORMATION
Richard. B. Chorak. Allstate ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE
HOLDER. THIS CERllFICATE DoeS NOT AMEND. EXJEND OR
4016 N. 46th Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Hollywood, FL 33021
INSURERS AFFORDING COVERAGE HAle.
INSURED INSUReRA: ABstat. Inslllilnce Company
SOUTHWEST FLORIDA WETLANDS JV INSURER 8;
3200 BAILEY LANE #158 INSURER c:
NAPI.ES,FL 34105 INSURER D:
I INSURI!R E:
THE POUCIES OF INSURANCE USTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMeD ABOVe FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF /llNY CONlRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CeRTIFICATE MAY BE ISSUED OR MA.Y
PERTAIN. THE INSUR/llNCe AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. exCLUSIONS AND CONDITIONS OF SUCH
pouCles. AGGREG,..re LIMITS SHOWN MAY HAve BEEN REDUceD BY PAID ClAIMS. ~
LTR IIIIIID nP& OF INIUlWC1! POUCY NIIIIlEA ~ UMlrS
Gl!Nl!RAI.IJMI\1.m' l&a s
~l COMMERCIAL GeNERAL LlA8IUTY n~81 $
o CLAIMS MADE 0 OCCUR Nl!O ElCP IAnv_ Dl!I'8OIII S
B~ ~SONAL. ArNlNJURY S
GENERAl. AGGREGATE S
9i'LAGQREn~ LlliAIT riS PER: PRODUCTS. COMP/OP AGG S
POLICY PROJECT LOC
A ~lIIOIILE LIA8IUTY 649867256 02101/2006 02/01/2007 liP.MBINED SINGLE LIMIT 1,000.000
S
F AN'( AUTD 8 ec:clcNnfl
~ AU. OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per pei'8OII' S
~ HIRSO AUTOS
~ ~OILY INJURY S
== NON-OWNED AUTOS Per adenr,
1= ~:~tYAMAGE $
GMAQE LWlIUTY AUTO ONLY. EAACC1DENT S
:{ 'ANY AUTO OTHER THAN EA ACC S
AUTO ONLY: AM "
I!JlCf!S8IlIM8ILLA UUIILITl' I!ACH OCCURRENCE $
t:J OCCUR 0 CLAIMS MADE AGGREGATE $
S
~ CetlUCTIBlE S
RETENT10N S S
..mr"&'*'~TtOHAND 1 TOiW'LIMlrS r '~Fl'"
ANY PROFRIETORlPARTNERIElCEClJTlve E.\.. EACH ACCIDENT S
OFFICEA/MEM1IER EXCLUDED?
~~I~~~~NSb.l_ e.L IllSWE .fiA EMPI.oYE S
E.L DISEASE. POLICY I.IUIT . S
OTHER
AOQITIONAL INSURED
CERTIFICATE HOl.OER
2003 CHEVY 0887 1999 CHEVY 3807
CeRTIFlCATE HOlJ)ER
COVERAGES
COLLIER COUNTY GOVERNMENT
3301 E TAMIAMI TRAIL
NAPLES,FL 34112
CANCEllATION
SHOULO ANV OF TIE ABOVE DESCRIBED POLICES BE CANCELLED BEFOAI! THS I!llJIIRATlDH
DATe THEREOF, '1''' ISSUIHG lHSUlUiRWlLL E.l'CEAYORTO _L ~ DAYS WRITfl!Il
NOTICl: TO nE CERTlFICA'TE HOLDeR NAMia TO l1E LEFT.lIlIT FAILURE TO 00 SO SHALL
lMPOSii NO OBLIGATION OR LIABILITY OF ANV KINO UPON TI'lI! INSURER. ITS AGENTS OR
REPRESENTATNE
AUTIfOItIZlID
@ ACORD CORPORATION 1988
ACORl) 25 (2001/08)
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COJvf1v1ISSIONERS
COLLIER COUNTY, FLORIDA
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Chairman
By:
Da e~:
A~~~~~,~.~'~ 1,... .
s ionatOr" Mlw
Southwest Florida Wetlands TV
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By:
First Witness
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Second Witness
David L. John, Authorized Agent
Typed signature and title
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Approyed as to form and
legal sufficiency:
C~~aJAUZ-
Assistant Co ty Attorney
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Item # r-..;
Agenda /110/ oCl
Date
Date F/t 10&
Rec'd
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2.
3.
4.
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION ., .~~~,:....
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person Who CrCated/p~!he executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue F\lson, need to contact stafffor additional <<missing
information. All original documents needing the Bee ehairman's signature are to be delivered to the Bee office only after the BCC!Jas. acted to iItJ.mwe the
item.) ..;;;.. ,,;,"',,~..:k.~,",. <;:~..,...~....,.;
~=c~fPrimary Staff II L f2 U T 1+ Phone Number
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INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A".in the Not Applicable colwnn, whichever is
a TO riate.
I. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signe~ , '.. .
by the Office of the County Attorney. This includes signature pages from ordinances, ;i,,:\ . j ....1\ n f) .
resolutions, etc. signed by the County Attorney's Office and signature pages from.:;y:.~,~~~ n~;fS
contracts, agreements, etc. that have been fully executed by all parties except .qte BCC ....flX~&'. .tfi:
Chairman and Clerk to the Board and ossib State Officials.) " .. .. "'. ',.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board"
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. .:~,'~
Some documents are time sensitive and require forwarding to Tallahassee within acertain.~
time frame or the BCC's actions are nullified. Be aware of our deadlines! :~1" '.~jl.)
6. The document was approved by the BCC on 01-1 () -016 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chao es, if a licable.
I: Forms! eounty Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16B5
MEMORANDUM
Date:
January 25, 2006
To:
Al Ruth, Sf. Project Manager, P .E.
Trans/ECM
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Governmental Facilities Relocation Plan with
Florida Power and Light
Enclosed, please find (two) original documents, as referenced above,
(Agenda Item #16B5), approved by the Board of County Commissioners
on Tuesday, January 10,2006.
Please forward to the appropriate parties for signatures and return a fullv
executed orie:inal to the Minutes and Records Department.
If you should have any questions, please contact me at 774-8406.
Thank you.
Enclosures (2)
...
k'
.~;
FACILITIES RELOCATION AGREEMENT
(Government Entity)
""H. ~
THIS AGREEMENT made and entered into this ~day of .J t1f\< !..fd,c,;,
1685
J.(.'C~
~by and between
The Board of Commissioners. Collier County, Naples. Florida
hereinafter called the Applicant, and FLORIDA POWER & LIGHT COMPANY, a Florida corporation with its principal place
of business in Dade and Palm Beach Counties, Florida, hereinafter called FPL.
WITNESSETH:
WHEREAS the Applicant intends to construct Goodlette-Frank Road Improvement Proiect from Golden Gate Parkway to
South of Pine Ridqe Road in Naples, Collier County, Florida and will require the relocation of certain incompatible and
conflicting portions of FPL's Facilities and equipment, and
WHEREAS FPL will incur costs in the Relocation of FPL's existing and proposed Facilities which costs would not have
occurred but for the Applicant's construction,
NOW THEREFORE, in consideration of the mutual promises of the Applicant and FPL and other good and valuable
consideration, the Parties agree that FPL shall Rearrange the FPL Facilities and the Applicant shall reimburse FPL for the
actual cost of such Relocation as follows:
ARTICLE I - DEFINITIONS
For the purposes of this Agreement the following terms, whether used in the singular or plural, shall have the meanings set
forth below when used with initial capitalization:
1.1 Betterment is any increase in service capacity of the Replacement FPL Facilities, not attributable to Contractor's
construction, over the service capacity of the FPL Facilities prior to Relocation and any upgrading of a Replacement
FPL Facility above FPL's current minimum standard practices, as specified in Article III of this Agreement, that
normally would be used on projects financed solely by FPL. Betterment does not include: (a) any increase in service
capacity required by federal, state or local law which applies to FPL Facilities as of the date of construction of the
Replacement FPL Facilities; (b) any increase in service capacity resulting solely from the replacement of devices or
materials which at the time of construction of the Replacement FPL Facility are no longer manufactured, processed,
or installed and used by FPL in projects financed entirely by FPL, (c) any upgrading of a Replacement FPL Facility
requested by the Applicant, (d) any upgrading of a Replacement FPL Facility required by any agency responsible for
regulation of FPL Facilities, (e) any upgrading of the Replacement FPL Facility which is necessitated by the
Applicant's construction, if the replacement is the same as that used by FPL on FPL's own projects, or (f) any
upgrading that will result in a reduction in the overall project cost.
1.2 Conversion is the replacement of existing overhead facilities with underground facilities.
1.3 Credit Ratio is the credit given to the Applicant in the form of a percentage derived by dividing the sum of the
Betterment and the Non-Reimbursable Work Credit by the Total cost of the Relocation:
Credit Ratio = Dollar Amount of Betterment + Non-Reimbursable Work Credit
Total Cost of Relocation - The Land and Land Right Cost
1.4 Date Cost Estimate Received, for purposes of this Agreement, shall be deemed to be the day that the cost estimate
was hand-delivered or transmitted by facsimile, or if mailed, five days from the date of postmark.
1.5 FPL's Facility or Facilities shall be, but shall not be limited to, any structure consisting of manholes, conduits, poles,
wires, cables, substations, system protection equipment or other appurtenances, and associated equipment, and
used by FPL in connection with the transmission and/or distribution of electric power.
1.6 Relocation and/or Relocate includes the terms "rearrange or rearrangement" and is the work performed by FPL under
this Agreement and any activity made necessary by Applicant's construction which conflicts with or affects FPL, its
Facilities, or service. Relocations shall include conversion of transmission facilities and shall include, but shall not be
limited to, permanent or temporary support, protection, relocation, rearrangement, design, redesign, abandonment or
reconstruction of the FPL Facilities and all other work required to provide continuity of service to FPL's customers
which is a result of a conflict.
1.7 Replacement FPL Facility is any facility which will be constructed under the t.erms of this Agreement as a
consequence of Relocation of an FPL Facility or portion thereof.
1.8 Salvaqe is the credit to the Applicant for the reusable materials recovered or removed by FPL less the Salvage
Adjustment Credit.
Page 1 of 6
Governmental - Facilities Relocation Agreement
ARTICLE" - IDENTIFICATION OF CONFLICTS. CONVERSIONS
16B5
.,~
2_3
Known Conflicts.. The Applicant shall reimburse FPL for costs associated wi1h the Relocation of the FPL Facilities
more particularly described and located on property described in Exhibit A attached hereto and incorporated herein.
:2 2 Other Conflicts. The identification of any o1her conflicting facilities of FPL requiring Relocation shall be undertaken by
;=PL pursuant to a subsequent written agreement between FPL and 1he Applicant.
Jistribution Conversion. If an Applicant has requested a conversion of distribution facilities as part of a Relocation of
Facilities, the FPL Distribution Facilities Conversion Agreement which is approved by the Florida Public Service
Commission shaff be attached hereto and incorporated herein. The Indemnity and Insurance proviSions of this
Agreement shall apply to all Distribution Conversions which are part of a Relocation, In addition, all other terms and
:cnditions of this Agreement which are not expressly modified by 1he Addendum attached hereto shall remain in full
force and effect. If there is a direct conflict between 1his Agreement and the attached Addendum, then the
Underground Distribution Conversion Tariff and the Underground Distribution Conversion Agreement shall prevail as
to :nat specffic term or condition
- Underground Distribution Facilities Conversion Agreement is attached hereto and incorporated herein..
.JL Th is Project does not involve a conversion of electric distribution facilities.
ARTICLE III - DESIGN AND CONSTRUCTION OF REPLACEMENT FACILITIES
3 1 Desion Standards., Engineering design standards and material specffied shall meet FPL's Current Design Standards,
In addition, the design of Relocations will be in confonnity with all laws and regulations,
3.2 Construction Standards, Materials and construction procedures shall meet FPL's Current Construction Standards, In
addition, Relocations or Replacement Facilities will be accomplished in confonnance with all laws, codes and
reguiations.
ARTICLE IV - REPLACEMENT RIGHT-OF-WAY
4. 0 ReoJacement Riaht-of-Wav, The Applicant shalf provide FPL with replacement rights-of-way in one of the following
manners:
- (a) The Applicant shaD reimburse FPL for costs associated wi1h the identification and acquisition of
replacement rights-of-way, including, but not limited to, FPL's attomey fees for costs in prosecuting or in
connection with any condemnation actions for the acquisition of necessary rights-of-way,
_L (b) The Applicant shall conveyor grant to FPL replacement rights-of-way sufficient to pennit FPl to
accomplish Relocations of the FPL Facilities and to operate and maintain the Replacement Facilities in
accordance with FPL's customary practices. Such conveyances or grants of replacement rights-of-way
shall be accomplished at no cost to FPL and in a fonn and substance satisfactory to FPL
.1 1 _coalion of Replacement Riaht-of-Way. The Location of the aforesaid replacement rights-of-way are generally set
~Grth in Exhibit 8 attached hereto.
ARTICLE V - COST ESTIMATES. CREDITS AND BILLING
., Jl Cost The Applicant shall pay FPL for the full cost of Relocation of the FPL Facilities The work to be perfOrmed
~y :=PL will be in accordance wi1h the construction drawings attached hereto as Exhibit 8
~ _~~ost Estimate. The Applicant shalf be responsible for the total cost of the project, The estimated cost to Relocate the
,':::0[. Facilities is (a) or (b) below:
,.:;>eJocation: $ . This cost estimate is set out in detail in Exhibit C attached hereto; or
~ Relocation / Holding Facilities:
Relocation:
Holding Facilities: +
$278,545.73 (Exhibit C-1)
$273.080.94 (Exhibit C-2)
= Total Project Cost Estimate:
$551.626.67
~e;',-~
...:-:c~m understands and agrees that the amounts set forth in Exhibits C-1 & C-2 are an estimate only. The Applicant
-, '~sponsible for the total cost of the project The cost for the Relocation portion shall not exceed 110% of a valid
:. =11 ccst estimate, except as provided herein
Page 2 of6
Governmental - Facilities Relocation Agreement
5.3 Duration of Cost Estimate.
1685 :~
A cost estimate is valid only:
a. Prior to construction, for 90 days from the date of the estimate is received by Applicant (this includes the
estimate attached as Exhibit C and any subsequent estimate) or
b. As long as the scope of work (Relocation) upon which the estimate is based has not been changed;
whichever first occurs.
5.4 Re-estimates. Scope of Work Chanqes.
5.4,1 Pre-construction. If the construction of the Relocation of the FPL Facilities has not commenced within 180
days of the date that the latest cost estimate is received by Applicant or if the scope of work ("Relocation")
has been changed on any individual work order, prior to any construction, the estimate is invalid. A new
estimate is required. FPL shall provide a re-estimate of the work prior to commencement of the Relocation
by FPL. The Applicant shall agree in writing to pay the re-estimated cost and shall be responsible for the full
cost of Relocation, not to exceed 110% of the re-estimate.
5.4.2 After Start of Construction. If after the start of construction, the Applicant requests a change in the scope of
work (Relocation) of FPL Facilities or if FPL determines that there is a need for a change in the scope of
work (Relocation) and such change causes either the credit ratio to change or the reimbursable cost of the
project to change by 10% or more, FPL shall provide the Applicant with a new estimate as soon as
practicable. The Applicant shall provide FPL with written approval of the re-estimate. The Applicant shall be
responsible for any increased cost due to unknown or unforeseen physical conditions at the site which differ
materially from those originally encountered. Increased costs due to differing site conditions are in addition
to the estimated amount and are not subject to the 110% cap on estimated costs.
5.5 Credits.
5.5.1 The Applicant shall receive a credit for Betterment and Salvage.
5.5.2 The Applicant shall receive a credit for the payment of any non-refundable deposit required for estimates for
underground installation included within a Relocation according to the terms of the FPL Distribution
Conversion Tariff and FPL's Underground Distribution Conversion Agreement.
5.5.3 The Applicant shall receive a credit for payment made to FPL for a detailed cost estimate, if payment is
required by FPL prior to issuing such estimate and if the Facilities Relocation Agreement has been entered
into within 180 days of the date that estimate was received by the Applicant and the Relocation performed.
5.5.4 The Applicant shall receive no credit for payment for an estimate, and such payment shall not be refunded:
(a) if the Applicant has not executed a Facilities Relocation Agreement within 180 days of the date that
estimate was received by the Applicant, (b) if a subsequent estimate is required or (c) if the Applicant
terminates the Agreement.
5.5.5 Any estimate provided to the Applicant after the initial, detailed estimate shall be done at additional cost and
expense to Applicant. Applicant's payment for estimates shall be credited or retained by FPL as provided
above.
5.6 Billinq and Pavment. FPL shall bill the Applicant for cost incurred not more frequently than once monthly. The
Applicant shall have twenty (20) days from the date of an invoice to approve the invoice and any accompanying
information supplied by FPL. Failure to provide FPL with written notice to the contrary within the twenty (20) day
period shall constitute approval by the Applicant of the invoice against which payment must be remitted in full to FPL
within forty-five (45) days of the date of the invoice. If payment by the Applicant is not postmarked within forty-five
(45) days of the date of the invoice, then a late payment charge shall be assessed in the amount of one percent (1%)
of the amount of the billing per month, or the highest amount then permitted by law.
5.7 Final Bill. Upon completion of the work, FPL shall at the earliest date practicable fumish to the Applicant a final and
complete billing of all costs incurred in connection with performance of Relocation of the FPL Facilities less any
prepaid credits for additional cost estimates.
5.8 Refund and Effect of Termination.
5.8.1 Consistent with the terms of this Agreement, FPL shall refund to the Applicant any amounts which the
Applicant has paid to FPL beyond the full cost of Relocation.
Page 3 of 6
Governmental - Facilities Relocation Agreement
5 8 2 In the event that this Agreement is terminated due to the cancellation or indefinite suspension of work in
furtherance of the Applicanfs construction, the Applicant shall be responsible for the costs of Relocation
already incurred. including but not limited to all engineering, design, equipment, and materials cost, labor
costs, and if any, the costs of replacement facilities already installed. necessary to place FPL's Facilities into
a permanent condition suitable to provide continuous, reliable electric service to the public in accordance
with all applicable laws, regulations and FPL's usual practices as set forth in Article III herein Nothing in this
section shall be construed to modify or abrogate FPL's legal duty to mitigate damages.
ARTICLE VI - AUDITS
6.1 Audits. All cost records and accounts of FPL directly related to the work performed under this Agreement shall be
subject to audit by the Applicant for a period of one year from the completion date of all work performed under this
Agreement Such audits shall be performed by the Applicant and in accordance with the following considerations:
(a) the Applicant shall provide FPL with thirty (30) days written notice requesting an audit,
(b) the specific time of audit must be mutually agreed to,
(c) information required for audit purposes shall be accounts and records kept by FPL directly related to Relocation
and reimbursable costs,
(d) the Applicant may request only information reasonably required by it concerning Relocation and such request for
information shall be in writing and shall include the purpose of the audits,
(e) FPL shall make available the requested infonnation at its offices during normal business hours. Monday through
Friday,
(f) the Applicant shall bear any costs associated with any audits, including FPL costs, if any, and (g) information
available under this Agreement shall not be used in violation of any law or regulation
ARTICLE VII - GENERAL CONDITIONS
7 1 Benefit of Aoreement: Assianment. The provisions of this Agreement shall inure to the benefit of and bind the
successors and assigns of the Parties to this Agreement but shall not inure to the benefit of any third party or other
person. This Agreement shall not be assigned by either Party except upon receipt of the prior written permission of
the other Party. Such permiSSion shall not be unreasonably withheld.
7 2 Nonwaiver. The failure of either Party at any time to require performance by the other Party of any provision hereof
shail not affect the full right to require such performance at any time thereafter, Waiver by either Party of a breach of
the same provision or any other provision shall not constitute a waiver of the provision itself
7 3 Limitations of Liability. Neither Party shall be liable in contract, in tort (including negligence), or otherwise to the other
Party for any incidental or consequential loss or damage whatsoever including but not limited to loss of profits or
revenue on work not performed, for loss of use or underutilization of the Party's facilities, or loss of use of revenues or
loss of anticipated profits resulting from either Party's performance, nonperformance, or delay in performance of its
obligations under this Agreement.
('4 indemnification The Applicant shall indemnify, defend and hold harmless FPL. its parent, subsidiaries or affiliates
and their respective officers, directors and employees (collectively "FPL Entities") from and against any liabilities
whatsoever, occasioned wholly or in part by the negligence of the Applicant, its contractors, subcontractors or
emDlayees, including attomey fees, for injury to or death of person(s) and property damage arising or resulting in
connection with any activity associated with work or service under this Agreement. The Applicanfs obligation to
prOtect, defend and hold FPL Entities free and unharmed against such liabilities shall be subject to the limitation set
forth in Section 768,28(5) Rorida Statutes., except in the event the Applicant purchases insurance covering the liability
with limits in excess of the statutory limits, the Applicanfs obligation shall extend up to but shall not exceed the limits
of that insurance
1685
~
i 5 nsurance. If the Applicant utilizes its own personnel in the construction or maintenance work around the subject
FaCilities. the Applicant shall furnish FPL with evidence of Insurance maintained by Applicant insuring FPL Entities
from liabilities assumed under the above indemnification Said insurance shall contain a broad form contractual
endorsement or, alternatively, the Applicant shall cause FPL, its parent, subsidiaries and affiliates and their respective
officers. directors and employees to be named as additional named insureds on the Applicanfs comprehensive
'}eneralliabj(jty policy. Such liability coverage shall be primary to any liability coverage maintained by or on behalf of
::PL up to the $1,000,000 limit of liability
'i ,he event that the policy is on a "claims made" basis, the retroactive date of the policy shall be the effective date of
,his Agreement or such other date as to protect the interest of FPL and the coverage shall survive the termination of
this Agreement until the expiration of the maximum statutory period of limitations in the State, of Florida for actions
Page 4 of 6
Governmental - Facilities Relocation Agreement
1685 <,
based in contract or in tort (currently, five years). If coverage is on an "occurrence" basis, such insurance shall be
maintained by the Applicant during the entire term of this Agreement. The policy shall not be canceled or materially
altered without at least thirty (30) days written notice to FPL.
The Applicant shall provide FPL with evidence of such liability insurance coverage on the standard insurance industry
form (ACORD) without modification, A copy of the policy shall be made available for inspection by FPL upon
reasonable request.
7.6 Contractor Indemnification. The Applicant further agrees to include the following indemnification in all contracts
between the Applicant and its general contractors who perform or are responsible for construction or maintenance
work on or around the subject FPL Facilities:
"The Contractor hereby agrees to release, indemnify, defend, save and hold harmless the Applicant and FPL, its
parent, subsidiaries, affiliates or their respective officers, directors, or employees, from all claims, demands,
liabilities and suits whether or not due to or caused by negligence of the Applicant or FPL for bodily injuries or
death to person(s) or damage to property resulting in connection with the performance of the described work by
Contractor, its subcontractor, agents or employees. This indemnification shall extend up to but shall not exceed
the sum of $1,000,000.00 for bodily injury or death of person(s) or property damage combined single limit and
$3,000,000 occurrence aggregate. In the event the Contractor is insured for liability with limits in excess of
these amounts, Contractor's said obligation shall extend up to but shall not exceed the limits of that insurance.
Contractor's costs of defending Applicant and FPL, including attomeys' fees are excluded from and are in
addition to the aforesaid limitation of liability for injury, death and property damage."
7.7 Contractor Insurance and Notice. The Applicant agrees to require its contractors to obtain insurance to cover the
above indemnity and further agrees to verify with its contractors that such insurance is in full force and effect. The
Applicant shall provide FPL Group Inc.'s Risk Management Department with notice of the name and address of
Applicant's contractors as specified in section 7.6 above, prior to the commencement of the Relocation of FPL
Facilities by FPL.
7.8 Modification or Termination of AQreement. This Agreement may be modified, amended, or terminated at any time by
written agreement of the Parties authorized and executed with the same formality as this Agreement. FPL's
Underground Facilities Distribution Conversion Agreement, if attached hereto, is approved by the Florida Public
Service Commission and may not be modified or amended by the Parties.
7.9 Effect of Headinos. The headings set forth herein are for convenience only and shall not be deemed to modify or
affect the rights and obligations of the Parties to this Agreement.
7.10 FPL Consent to Relocations. FPL agrees to the Relocation of the FPL Facilities to the extent necessary to eliminate
Conflicts with the Applicanfs construction in accordance with the terms and conditions of this Agreement. The
Applicant shall make all necessary arrangements and agreements with any person or entity which has facilities
attached to the FPL poles for the Relocation of those facilities at no expense to FPL.
7.11 Deleoation of Power and Duties and Notice. The following persons are designated as the authorized representatives
of the Parties for the purposes of this Agreement and all notices or other communications to either Party by the other
shall be made in writing and addressed as follows:
To the Applicant: _rAY 4,4/1,1 ~ Tl=O'1 ,?Ji&i~
J
(Name and Title)
C'~ /..t.t..,L{o ("jUry T:7"f\4'~r"rf.JiU ..I:..:/2ut.-"j.'
.J ~.~.) J,,-<..Tlr' /ft~e'.I'tnt' /)e......
{I;'rI f L.i: !; f'1 L J 'It c-r
With Copies to:
For FPL:
Neelesh P. Shah
(Name and Title)
Transmission Relocation Coordinator
FLORIDA POWER & LIGHT COMPANY
700 Universe Blvd. TLE/JB
Juno Beach. Florida 33408
Page 5 of 6
Governmental - Facilities Relocation Agreement
712 Force Maieure.
1685
(a) Neither Party shall be liable or responsible for any delay in the performance of, or the ability to perform. any duty
or obligation required by this Agreement in the event of a force majeure occurrence. Such occurrence shall
include. but shall not be limited to acts of civil or military authority (including courts or administrative agencies).
acts of God, war. riot, or insurrection, inability to obtain required permits or licenses, blockades, embargoes.
sabotage. epidemics, fires, unusually severe floods or weather. strikes, lockouts or other labor disputes or
difficulties. The obligation of either Party to pay money in a timely manner is absolute and shall not be subject to
the force majeure provisions. Force majeure as used herein means, without limitation, any cause or event not
reasonably within the control of FPL or the Applicant.
(b) In the event of any delay resulting from a force majeure circumstance. the time for performance hereunder shall
be extended for a period of time reasonably necessary to overcome the effect of such delays.
(c) In the event of any delay or nonperformance caused by a force majeure circumstance, the Party affected shall
promptly notify the other in writing.
7.13 Severability. In the event that any of the provisions or portions or applications thereof of this Agreement are held to
be unenforceable or invalid by any court of competent jurisdiction, the Applicant and FPL shall negotiate an equitable
adjustment in the affected provisions of this Agreement. The validity and enforceability of the remaining independent
provisions shall not be affected.
7.14 Effective Date. This Agreement shall become effective upon execution by the Parties and shall continue in effect until
completion of all Relocation work by FPL unless otherwise provided herein or earlier termination in accordance with
this Agreement.
7.15 Complete Aqreement. This Agreement shall be signed by the authorized representatives of both Parties and
constitutes the final written expression of all the terms of the agreement between the Parties and is a complete and
exclusive statement of those terms. Any and all prior or contemporaneous course of dealing, representations,
promises, warranties or statements by the Parties or their agents, employees. or representatives that differ in any way
from the terms of this written Agreement shall be given no force or effect.
IN WITNESS WHEREOF, the Parties have executed this Relocation Agreement, to be effective as of the date first above
written.
APPLICANT:
-;h ! J) iA) C-?J "-..
FLORIDA POWER & LIGHT COMPANY:
By:
Title:
Date: -'JAN.', (.\ ~lC"'6:'
By: Barbara Jaindl
Title: Director, Transmission Proiects Department
Date:
Attest:
-
-<
~iJ~ Title
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Page 6 of 6
Governmental - Facilities Relocation Agreement
Estimate Valid Through: Mar'ch 01, 2006
Project Description
Goodlette-Fl'llDk Road Improvement
From Golden Gate Parkway to
South of Pine Ridge Road
Naples, CoWer County, Florida
Exhibit C-I (Relocation Portion)
Florida Power &: Ught Company
Summary Estimate of Cost
Project Level
Work Order , 0609-09-594 I
Estimate Printed 1 &fl. 9 14:10:21
Project Name:
Collier County Project #60005
Line No
Removal
Total
Salvage
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
$688.64
$341.56
$9.271.80
$10,302,00
$3,071.80
$3.,071 .BO
$0.00
$13.373.80
Item
(A) ENGINEERING
Labor
. Additives of Labor
Tr;msportation
Applied Engineering
Contractor & Misc. Expenses
* Additives of ContractorlMisc, Expenses
Sub-total
(B) LAND & LANO RIGHTS (RIGHT OF. WAY)
Labor
. Additives of labor
Transportation Expenses
Purchase and/or Easements
Contractor & Mise., Expenses
· Additives of Con1ractor & Mise Expenses
Sub-total
(C) CONSlRUCTION
Labor
* Additives of Labor
Transportation Expenses
Material
* Stores Loading
Contractor & Misc. Expenses
. Additives of Contractor & Mise Expenses
Sub-total
(0) OTHER - MAINTENANCE
Labor
. Additives of Labor
Transportation Expenses
Material
. Stores Handling
Contractor & Mise Expenses
* Additives of Contractor & Mise Expenses
Sub-total
(E) ADMINISTRATIVE & GENERAL COSTS
Adminlstratlve & General Costs
Sub-Iotal
GRAND TOTAL
49 TOTAL INSTALLATION AND MAINTENANCE COST
50 TOTAL REMOVAL COST
51 SALVAGE 0 LESS SALVAGE ADJUSTMENT (FACILITIES NOT REPLACED)
52 SUB-TOTAL
53 CREDIT ####% (FROM AGREEMENT)
54 NET REPLACEMENT COST (Sum lines 52 and 53)
.. Handling Tax & Insurance and Pension & Welfare at Approved Rates
engineer:
Page 1 of 1
Bill Page 1
Item Cost
$33,43700
$33,437.00
$9,22475
$4,57525
$16,29222
$1 065 78
$124,20000
$155,358,.00
$1,254.17
$622 03
$526 00
$34 40
$16885 80
$19,322.40
$57,054.53
$57,054.53
$265,171.93
Submitted By:
Neelesh P. Shah
$33.437..00
$165,660.00
$19,322.,40
$60,126.33
$278,545.73
$265,17U3
$13,373.80
$0.00
$278,545.73
$0.00
$278,545.73
Estimate Valid Through: March 01. 2006
Project Description
GoodIette.Fruk Road Improvement
Fr'Om Golden Gate Parkway to
South of Pine Ridge Road
Naples, Co.lli~r County, Florida
E~bit C-2 (Holding Facilities)
Rorida PoWer & light ComPany .
Summary Estimate of Cost
Project level
Work Order 0609-09-594
Es_-16B.5",,~,
ProJect Name:
Collier County Project #60005
Un No
5
7
8
9
10
11
12
13
14
15
15
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Salvage
Removal Item
(A) ENGINEERING
Labor
. Additives of Labor
Transportation.
Applied Engineering
Con1ractor & Mise Expenses
. Addftives of ContractorlMisc. Expenses
Sub-total
Item Cost
Total
(B) LAND & LAND RIGHTS (RIGHT OF WAY)
Labor
· AddItives of Labor
Transportation Expenses
Purchase and/or Easements
Contractor & M"ISC, Expenses
. Additives of Contractor & Mise, Expenses
Sub-total
(C) CONSTRUC1l0N
Labor
· Additives of Labor
Transportation Expenses
Material
. Stores loadIng
Contractor & Misc. Expenses
.. Additives of Contractor & Mise, Expenses
Sub-total
$11,10980
$20,00000
$5,51020
$149,580 00
$186,200.00
$186,200,00
(D) OTHER. MAINTENANCE
Labor
.. Additives of Labor
Transportatlon Expenses
Material
.. Stores Handling
Contractor & Misc. Expenses
. Additives of Contractor & Mise. Expenses
Sub-total
$1,604 30
$795 70
$21,600.00
$24,000,00
$24,000.00
(E) ADMINISTRATIVE & GENERAL COSTS
Administrative & General Costs
Sub-total
$62,880.94
$62,880.94
$62,880.94
$0.00
$0.00 GRAND TOTAL
$273,080.94
$273,080.94
$273,080.94
$0,,00
$0.00
$273,080.94
$0.00
$273,080.94
49 TOTAL INSTAlLATION AND MAINTENANCE COST
50 TOTAL REMOVAL COST
51 SALVAGE () LESS SALVAGE ADJUSTMENT (FACILITIES NOT REPLACED)
52 SUB-TOTAL
53 CREDIT ##:##% (FROM AGREEMENT)
54 NET REPLACEMENT COST (Sum lines 52 and 53)
. Handling Tax & Insurance and Penslan & Welfare at Ajlproved Rates
Page 1 of 1
Bill Page 1
Engineer:
Neelesh P. Shah
Submitted By;
16B5
Florida Power & Light Co. Transmission Pole
Relocations Along Goodlette-Frank Road in
Naples, Florida
Under FPL's Work order #0609-09-594
Transmission Line: Collier-Terry 138KV
l
.I
!~ 1il
~~ j
Pine Ridge Rd (CR 896)
~
-(
7
&Ware (0) lGG7.118
...~~OrlnQ~.. I ~4117tNt
~.. ~--- ----.. ---._- -
Scoee of Work along Goodlette-Frank Rd leer the meeting between FPL's Chip Fankhauser &Collier
County's AI Ruth on 9/28/05):
- West side of Goodlette-Frank Rd:
a) Hold stub-poles at 40 locations (87M9-89M13) for pipe installation East of the stub-poles
b) Hold stub-poles at 40 locations (87M9-89M13) for pipe installation West of the stub-poles
- East side of Goodlette-Frank Rd:
c) Replace 2 wood pOles with concrete at Burning Tree Dr (88M3 & 88M4)
d) Replace 2 wood pOles with concrete at Ohio Dr (88M11, 88M12)
16B6
'M
GLOBAL POSITIONING SYSTEM NETWORK ACCESS AND LICENSE
AGREEMENT
This Global Positioning System Network Access and License Agreement (hereinafter
referred to as the "Agreement") is made and entered into on this l.2..- day of .JA"II.1AIfl'(, 2006,
by and between Collier County, a political subdivision of the State of Florida (hereinafter
referred to as the "County") and wlJ.~iJHmlll~R. , whose mailing address,
telephone number, facsimile number and email address is
32(10 &4,J.s.'I~" SuI".. "DD NAflb6S F'J.. 3Wt1!i" (hereinafter referred to
as the "Licensee"). ~If' ,..., ~~t1 J'JitMII r."I'fltl..JQIN'/:iqAl.-II/~L> r
:L iJ' 1 ;2" 3 O'r~7 rA,K '"I:i" ,<, '......... 11'"
WHEREAS, the County, pursuant to its governmental and proprietary functions has and
maintains, by and through its elected and appointed officers, a Global Positioning System
Network (hereinafter referred to as the "Network"); and
WHEREAS, access to and use of the Network is highly beneficial to the operation of
many departments and agencies within Collier County government; and
WHEREAS, the County recognizes that access to this Network also may be highly
beneficial to citizens and entities outside of Collier County government; and
WHEREAS, the Licensee has requested access to and use of the Network operated by the
County; and
WHEREAS, the County may charge reasonable fees associated with providing and
maintaining access to and use of the Network; and
WHEREAS, the County and Licensee desire to enter into this Agreement for access and
use of the Network by Licensee.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the County and Licensee expressly agree that:
I. LICENSE.
A.
GRANT. The County hereby grants to Licensee and Licensee hereby
accepts, upon the express terms and conditions contained in this
Agreement, a non-exclusive, revocable and non-transferable license to
obtain access to, and use of, the Network for the uses and purposes
authorized under this Agreement.
B.
SCOPE AND APPLICATION. The License granted under this
Agreement shall be effective upon its acceptance and execution by the
County and shall remain in effect, unless sooner revoked or terminated,
until and through December 31, 2006.
16B6 '.~
I. ACCESS. Pursuant to the terms and conditions of this Agreement,
Licensee shall be provided access to and use of the Network.
Licensee shall not be entitled to any modifications, updates,
renewals, additional data, or information under the License granted
by this Agreement except as otherwise allowed by applicable law.
Licensee shall provide all equipment and software necessary for its
.
own connection, its own support and own access to and use of the
Network.
2. USE. Subject to the terms, conditions and prohibitions contained
in this Agreement, Licensee shall be entitled to access and use the
Network as provided under this License for any authorized use
throughout the term of the License.
3. TRANSFER. This License is expressly non-transferable and
Licensee shall not assign or attempt to transfer any interest,
entitlement, or obligation under this Agreement to any other person
or entity.
4. RENEWAL. Absent any notification by the County to the
contrary, this License shall automatically renew for a two-year
period upon written request of the Licensee.
II. DATA AND INFORMATION.
A.
DESCRIPTION. This Agreement and the License granted by this
Agreement applies to access and use of the Network. Nothing in this
Agreement is intended to limit or restrict the rights of Licensee under
Chapter 119, Florida Statutes.
B.
DISCLAIMER OF ACCURACY AND WARRANTIES. Licensee shall,
and hereby does, knowingly accept the Network "as is" and the Licensee
expressly acknowledges that it has no warranty with respect to access to or
use ofthe Network or to any data generated by Licensee's access to or use
of the Network. In this respect, the County expressly disclaims any
representation or warranty as to the completeness or accuracy of any data
or information generated by Licensee's access to or use of the Network
and also expressly disclaims any representation or warranty as to the
Network's availability at any given time. Further, the County expressly
disclaims any representation or warranty as to the suitability of any data or
information generated by access to or use of the Network for any intended
purpose of the Licensee.
c.
RELEASE. Licensee expressly releases and hereby agrees to hold the
County, its elected officials, officers, employees, former employees,
attorneys, agents, representatives, predecessors, successors, insurers,
sureties and assigns harmless from any and all claims, causes of action,
damages, liabilities or expenses that may arise out of or that relate in any
way to the use of data or information generated by access to or use of the
2
1686
Network or by access to or use of the Network. Licensee hereby expressly
agrees and acknowledges that it assumes all risk of any liabilities of any
nature whatsoever that may arise or relate in any way to use of and access
to the Network or reliance upon data generated as a result of use of and
access to the Network.
D.
TITLE. The custody and title and all other rights and interests in the
Network that is the subject of this Agreement, and the content thereof, are
and shall at all times remain with the County. The Licensee shall not
assign, sub-license, or otherwise transfer its rights hereunder and any such
attempt to transfer shall be void.
E.
HOURS OF NETWORK OPERATION. Hours of Network operation will
be established and posted on the Global Positioning System Network
Internet Website. Notification will be posted prior to any change in hours.
No other notification will be given. The County will not be responsible
for unplanned outages, including, but not limited to, system crashes,
power failures, equipment failures, or acts of nature or any other event or
occurrence rendering the Network unusable or access to the Network
unavailable.
F.
UNITED STATES GLOBAL POSITIONING SYSTEM. The Licensee
agrees the United States Global Positioning System is operated and
managed by the United States Government. The Licensee further
acknowledges and agrees that no warranty or representation is made by
the County regarding accuracy or fitness of use or future availability of the
United States GPS System.
G.
PUBLIC RECORDS. Licensee understands, aggress and acknowledges
that, depending upon the facts and circumstances, data or information
generated by access to or use of the Network may become subject to
disclosure under the Florida Public Records Act.
III. FEES AND COSTS
It is the County's intent to recover the reasonable costs of making the Network available
to the public and maintaining the Network for such availability. Thus, a fee for access may be
set by the Board of County Commissioners during the initial term of this Agreement and
Licensee agrees it shall pay any such fee within thirty (30) days after receipt of written notice
from the County as a condition for continued access to the Network. This fee will be reevaluated
annually and adjusted based on maintenance costs and updating costs to continue public access
to the Network. The adjusted fee will be declared prior to annual renewal of this Agreement.
Licensee shall and hereby agrees to pay to County in accordance with all readjusted fees for each
annual term of this Agreement.
IV. PURPOSE AND USE OF NETWORK
3
16R6
A.
REPRESENTATIONS. Licensee hereby represents that access to and use
of the Network shall only be used for purposes of Global Positioning
System surveys, data collection related to surveying, mapping and post-
processmg.
B.
LICENSEE USE ONLY. Licensee agrees that access to and use of the
Network will be for Licensee's internal needs.
V. NOTICES AND TERMINATION.
A.
NOTICES. Any notices required or provided under this Agreement by the
County will be deemed received by Licensee upon faxing, emailing or by
deposit of the notice in regular U.S. mail with first class postage prepaid.
Such notices to the Licensee shall be directed to the address, fax number
or email address of the Licensee as stated in this Agreement. Any notices
to be provided to the County by Licensee must be provided by both
facsimile and regular U.S. mail to
~M~ V. ~Ubll ;::RPf U/tII1\lrA and at fax number:
~3_ '1 1I- q(J~
B.
TERMINATION. The County may terminate this agreement at any time
with or without cause upon thirty (30) days' written notice to the Licensee.
Licensee may terminate this agreement at any time with or without cause
upon thirty (30) days' written notice to the County.
VI. MISCELLANEOUS.
A.
This Agreement contains the entire understanding between County and
Licensee and supersedes all prior agreements or understandings between
County and Licensee with respect to the agreement subject matter.
B.
Any modification or waiver of any provision in this Agreement shall not
be effective unless made in writing and signed by authorized
representatives of both the County and Licensee.
C.
This Agreement shall be governed and construed in accordance with the
laws of the State of Florida.
D.
In the event that any term or proVISIon of this Agreement is deemed
unenforceable or unlawful for any reason, the remainder of the Agreement
shall remain enforceable and in effect.
E.
This Agreement is freely and voluntarily executed by the County and
Licensee after they have been apprised of all relevant information
4
1686
I
'"I
concerning this Agreement. The County and Licensee acknowledge this
Agreement as the product of mutual negotiation and no doubtful or
ambiguous provision that may exist in this Agreement is to be construed
against either the County or the Licensee either based upon a claim the
party drafted the ambiguous language or that the language in question was
intended to favor one party or the other.
F.
The effective date of this Agreement shall be the date upon which it is
approved by the County.
Sign ame
Cl../ftF CRAkFILL..
Printed Name
LICENSEE W lLSIf.l M.LLLtk
~,;).tJD ~f\\Ltl/ J..~
S~""'f- ~D
,N""'U8, ....1- .5'"f/.s-
~() "\t'l- 'tl>'fl) - P41~~..)f,3-'~ -mt
c;-<'1 L D4,vC-A
BY ~.,
TITLE: ' ~
DATE:' '
COLLIER COUNTY
~"'M~ v. MU'Dl>, Y-1oW'f A.(Af.}M~
Jl\~&~ 81-1>"-, .2~ F&.4lrilt
3 319t ~.,. "'l"....""'cNW ~...
]1/ ,.." c.. ..~ ,.. L... oJ If It :L
[;1.11> '1~'"f- In.! - P.,.uE
Oaoa,,) ~'1't - 'I/!,ID - FAl.
BY: v--~~f:
TITL. Co.....J -,y /1-1 ",(;,~-e::..
DATE: II,!!./ 101,.
.
AP:;U:;~~ncy:
(hI [1-- Assistant County Attorney
OS-TRN-00029/5
ltem# \ (0 13 lr
~da L:iO..:Dl.o
Date 1-31-"'-
Rec'd up
5
GLOBAL POSITIONING SYSTEM NETWORK ACCESS AND LICENSE
AGREEMENT
This Global Positioning System Network Access and Lic~ase Agreement (hereinafter
referred to as the "Agreement") is made and entered into on this l5 day of 3"''''')<''1 ' 2006,
by and between Collier County, a political subdivision of the State of Florida (hereinafter
referred to as the "County") and Hole Montes, Inc., whose mailing address, telephone number,
facsimile number and email address is 950 Encore Wav Naples, FL 34110, 239-254-2000, 239-
254-2075, tommurphv@hmeng.com (hereinafter referred to as the "Licensee").
WHEREAS, the County, pursuant to its governmental and proprietary functions has and
maintains, by and through its elected and appointed officers, a Global Positioning System
Network (hereinafter referred to as the "Network"); and
WHEREAS, access to and use of the Network is highly beneficial to the operation of
many departments and agencies within Collier County government; and
WHEREAS, the County recognizes that access to this Network also may be highly
beneficial to citizens and entities outside of Collier County government; and
WHEREAS, the Licensee has requested access to and use of the Network operated by the
County; and
WHEREAS, the County may charge reasonable fees associated with providing and
maintaining access to and use of the Network; and
WHEREAS, the County and Licensee desire to enter into this Agreement for access and
use of the Network by Licensee,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the County and Licensee expressly agree that:
I. LICENSE.
A.
GRANT, The County hereby grants to Licensee and Licensee hereby
accepts, upon the express terms and conditions contained in this
Agreement, a non-exclusive, revocable and non-transferable license to
obtain access to, and use of, the Network for the uses and purposes
authorized under this Agreement.
B.
SCOPE AND APPLICATION, The License granted under this
Agreement shall be effective upon its acceptance and execution by the
County and shall remain in effect, unless sooner revoked or terminated,
until and through December 31,2006.
I. ACCESS. Pursuant to the terms and conditions of this Agreement,
Licensee shall be provided access to and use of the Network,
Licensee shall not be entitled to any modifications, updates,
renewals, additional data, or information under the License granted
by this Agreement except as otherwise allowed by applicable law,
Licensee shall provide all equipment and software necessary for its
own connection, its own support and own access to and use of the
Network.
2, USE, Subject to the terms, conditions and prohibitions contained
in this Agreement, Licensee shall be entitled to access and use the
Network as provided under this License for any authorized use
throughout the term of the License.
3. TRANSFER. This License is expressly non-transferable and
Licensee shall not assign or attempt to transfer any interest,
entitlement, or obligation under this Agreement to any other person
or entity,
4. RENEW AL. Absent any notification by the County to the
contrary, this License shall automatically renew for a two-year
period upon written request of the Licensee.
II. DATA AND INFORMATION,
A.
DESCRIPTION, This Agreement and the License granted by this
Agreement applies to access and use of the Network. Nothing in this
Agreement is intended to limit or restrict the rights of Licensee under
Chapter 119, Florida Statutes,
B.
DISCLAIMER OF ACCURACY AND WARRANTIES. Licensee shall,
and hereby does, knowingly accept the Network "as is" and the Licensee
expressly acknowledges that it has no warranty with respect to access to or
use of the Network or to any data generated by Licensee's access to or use
of the Network. In this respect, the County expressly disclaims any
representation or warranty as to the completeness or accuracy of any data
or information generated by Licensee's access to or use of the Network
and also expressly disclaims any representation or warranty as to the
Network's availability at any given time. Further, the County expressly
disclaims any representation or warranty as to the suitability of any data or
information generated by access to or use of the Network for any intended
purpose of the Licensee.
c.
RELEASE. Licensee expressly releases and hcreby agrees to hold the
County, its elccted officials, officers, employees, former employees,
attorneys, agents, representatives, predecessors, successors, insurers,
suretics and assigns harmless from any and all claims, causes of action,
damages, liabilitics or expenses that may arise out of or that relate in any
way to Ihe use of data or information generated by access to or use of the
2
Network or by access to or use of the Network. Licensee hereby expressly
agrees and acknowledges that it assumes all risk of any liabilities of any
nature whatsoever that may arise or relate in any way to use of and access
to the Network or reliance upon data generated as a result of use of and
access to the Network.
D,
TITLE. The custody and title and all other rights and interests in the
Network that is the subject of this Agreement, and the content thereof, are
and shall at all times remain with the County. The Licensee shall not
assign, sub-license, or otherwise transfer its rights hereunder and any such
attempt to transfer shall be void.
E.
HOURS OF NETWORK OPERATION. Hours of Network operation will
be established and posted on the Global Positioning System Network
Internet Website. Notification will be posted prior to any change in hours,
No other notification will be given. The County will not be responsible
for unplanned outages, including, but not limited to, system crashes,
power failures, equipment failures, or acts of nature or any other event or
occurrence rendering the Network unusable or access to the Network
unavailable.
F.
UNITED STATES GLOBAL POSITIONING SYSTEM, The Licensee
agrees the United States Global Positioning System is operated and
managed by the United States Government. The Licensee further
acknowledges and agrees that no warranty or representation is made by
the County regarding accuracy or fitness of use or future availability of the
United States GPS System.
G.
PUBLIC RECORDS. Licensee understands, aggress and acknowledges
that, depending upon the facts and circumstances, data or information
generated by access to or use of the Network may become subject to
disclosure under the Florida Public Records Act.
III. FEES AND COSTS
It is the County's intent to recover the reasonable costs of making the Network available
to the public and maintaining the Network for such availability. Thus, a fee for access may be
set by the Board of County Commissioners during the initial term of this Agreement and
Licensee agrees it shall pay any such fee within thirty (30) days after receipt of written notice
from the County as a condition for continued access to the Nctwork. This fee will be reevaluated
annually and adjusted bascd on maintenance costs and updating costs to continue public access
to the Network. The adjusted fee will be declared prior to annual renewal of this Agrecment.
Licensee shall and hereby agrees to pay to County in accordance with all readjusted fees for each
annual term of this Agrcement.
IV. PURPOSE AND USE OF NETWORK
3
A.
REPRESENT A TIONS. Licensee hereby represents that access to and use
of the Network shall only be used for purposes of Global Positioning
System surveys, data collection related to surveying, mapping and post-
processmg.
B.
LICENSEE USE ONLY. Licensee agrees that access to and use of the
Network will be for Licensee's internal needs.
V. NOTICES AND TERMINATION.
A.
NOTICES. Any notices required or provided under this Agreement by the
County will be deemed received by Licensee upon faxing, emailing or by
deposit of the notice in regular U.S. mail with first class postage prepaid,
Such notices to the Licensee shall be directed to the address, fax number
or email address of the Licensee as stated in this Agreement. Any notices
to be provided to the County by Licensee must be provided by both
facsimile and regular U.S. mail to Jim Mudd, County Managers Office,
3301 Tamiami Trail East, Naples, Florida 34II2 and at fax number: 239-
774-4010.
B,
TERMINATION, The County may terminate this agreement at any time
with or without cause upon thirty (30) days' written notice to the Licensee.
Licensee may terminate this agreement at any time with or without cause
upon thirty (30) days' written notice to the County.
VI. MISCELLANEOUS.
A.
This Agreement contains the entire understanding between County and
Licensee and supersedes all prior agreements or understandings between
County and Licensee with respect to the agreement subject matter.
B.
Any modification or waiver of any provision in this Agreement shall not
be effective unless made in writing and signed by authorized
representati ves of both the County and Licensee.
C,
This Agreement shall be governed and construed in accordance with the
laws of the State of Florida.
D.
In the event that any term or provision of this Agreement is deemed
unenforceable or unlawful for any reason, the remainder of the Agreement
shall remain enforceable and in effect.
E.
This Agreement is freely and voluntarily executed by the County and
Licensee after they have been apprised of all relevant information
4
concerning this Agreement. The County and Licensee acknowledge this
Agreement as the product of mutual negotiation and no doubtful or
ambiguous provision that may exist in this Agreement is to be construed
against either the County or the Licensee either based upon a claim the
party drafted the ambiguous language or that the language in question was
intended to favor one party or the other.
F.
The effective date of this Agreement shall be the date upon which it is
approved by the County.
LICENSEE
ned Name
.JlJ.tLtT Sana
~~elk~
Signed Name
7h''''~s /14. #I'-rAt
Printed Name
BY: ~A-.~
TITLE: ft'd~,4t';;1
DATE: //2S/M
, ,
E'()~
~(lf~
COLLIER COUNTY
By:~~~-d
TITLE: ~..,-y PI~Ac,M,
DATE: 113/1~'y
Approved as to form and legal sufficiency:
~-Jfl? ~-.-L
Assistant County Attorney
Item# \ I /blp
Agenda \ --l f\ -0
Date ~
05~ TRN-{XlO29/5
~~~d \-:Sl-D(P
5
, 0,[.
1686
GLOBAL POSITIONING SYSTEM NETWORK ACCESS AND LICENSE
AGREEMENT
This Global Positioning System Network Access and License Agreement (hereinafter
referred to as the "Agreement") is made and entered into on this 24 day of Januarv, 2006, by and
between Collier County, a political subdivision of the State of Florida (hereinafter referred to as
the "County") and RW A, INC., whose mailing address, telephone number, facsimile number and
email address is 6610 Willow Park Drive Suite 200, Naples, Florida 34109, Phone 239-597-
0575, Fax 239-597-0578 and email rgc(a!consult-rwa.c011l (hereinafter referred to as the
"Licensee").
WHEREAS, the County, pursuant to its governmental and proprietary functions has and
maintains, by and through its elected and appointed officers, a Global Positioning System
Network (hereinafter referred to as the "Network"); and
WHEREAS, access to and use of the Network is highly beneficial to the operation of
many departments and agencies within Collier County government; and
WHEREAS, the County recognizes that access to this Network also may be highly
beneficial to citizens and entities outside of Collier County government; and
WHEREAS, the Licensee has requested access to and use of the Network operated by the
County; and
WHEREAS, the County may charge reasonable fees associated with providing and
maintaining access to and use of the Network; and
WHEREAS, the County and Licensee desire to enter into this Agreement for access and
use of the Network by Licensee,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the County and Licensee expressly agree that:
I. LICENSE,
A.
GRANT. The County hereby grants to Licensee and Licensee hereby
accepts, upon the express terms and conditions contained in this
Agreement, a non-exclusive, revocable and non-transferable license to
obtain access to, and use of, the Network for the uses and purposes
authorized under this Agreement.
B,
SCOPE AND APPLICA nON. The License granted under this
Agreement shall be effective upon its acceptance and execution by the
County and shall remain in effect, unless sooner revoked or terminated,
until and through December 31, 2006.
1686
I. ACCESS, Pursuant to the terms and conditions of this Agreement,
Licensee shall be provided access to and use of the Network.
Licensee shall not be entitled to any modifications, updates,
renewals, additional data, or information under the License granted
by this Agreement except as otherwise allowed by applicable law.
Licensee shall provide all equipment and software necessary for its
own connection, its own support and own access to and use of the
Network.
2, USE, Subject to the terms, conditions and prohibitions contained
in this Agreement, Licensee shall be entitled to access and use the
Network as provided under this License for any authorized use
throughout the term ofthe License.
3, TRANSFER. This License is expressly non-transferable and
Licensee shall not assign or attempt to transfer any interest,
entitlement, or obligation under this Agreement to any other person
or entity.
4. RENEWAL. Absent any notification by the County to the
contrary, this License shall automatically renew for a two-year
period upon written request of the Licensee.
II. DATA AND INFORMATION.
A,
DESCRIPTION. This Agreement and the License granted by this
Agreement applies to access and use of the Network. Nothing in this
Agreement is intended to limit or restrict the rights of Licensee under
Chapter I 19, Florida Statutes.
B.
DISCLAIMER OF ACCURACY AND WARRANTIES, Licensee shall,
and hereby does, knowingly accept the Network "as is" and the Licensee
expressly acknowledges that it has no warranty with respect to access to or
use of the Network or to any data generated by Licensee's access to or use
of the Network. In this respect, the County expressly disclaims any
representation or warranty as to the completeness or accuracy of any data
or information generated by Licensee's access to or use of the Network
and also expressly disclaims any representation or warranty as to the
Network's availability at any given time. Further, the County expressly
disclaims any representation or warranty as to the suitability of any data or
information generated by access to or use of the Network for any intended
purpose of the Licensee.
C.
RELEASE. Licensee expressly releases and hereby agrees to hold the
County, its elected officials, officers, employees, former employees,
attorneys, agents, representatives, predecessors, successors, insurers,
sureties and assigns harmless from any and all claims, causes of action,
damages, liabilities or expenses that may arise out of or that relate in any
way to the use of data or information generated by access to or use of the
2
1686
Network or by access to or use of the Network. Licensee hereby expressly
agrees and acknowledges that it assumes all risk of any liabilities of any
nature whatsoever that may arise or relate in any way to use of and access
to the Network or reliance upon data generated as a result of use of and
access to the Network.
D.
TITLE, The custody and title and all other rights and interests in the
Network that is the subject of this Agreement, and the content thereof, are
and shall at all times remain with the County. The Licensee shall not
assign, sub-license, or otherwise transfer its rights hereunder and any such
attempt to transfer shall be void.
E.
HOURS OF NETWORK OPERATION. Hours of Network operation will
be established and posted on the Global Positioning System Network
Internet Web site, Notification will be posted prior to any change in hours.
No other notification will be given. The County will not be responsible
for unplanned outages, including, but not limited to, system crashes,
power failures, equipment failures, or acts of nature or any other event or
occurrence rendering the Network unusable or access to the Network
unavailable.
F.
UNITED STATES GLOBAL POSITIONING SYSTEM. The Licensee
agrees the United States Global Positioning System is operated and
managed by the United States Government. The Licensee further
acknowledges and agrees that no warranty or representation is made by
the County regarding accuracy or fitness of use or future availability of the
United States GPS System.
G,
PUBLIC RECORDS, Licensee understands, aggress and acknowledges
that, depending upon the facts and circumstances, data or information
generated by access to or use of the Network may become subject to
disclosure under the Florida Public Records Act.
III. FEES AND COSTS
It is the County's intent to recover the reasonable costs of making the Network available
to the public and maintaining the Network for such availability, Thus, a fee for access may be
set by the Board of County Commissioners during the initial term of this Agreement and
Licensee agrees it shall pay any such fee within thirty (30) days after receipt of written notice
from the County as a condition for continued access to the Network. This fee will be reevaluated
annually and adjusted based on maintenance costs and updating costs to continue public access
to the Network. The adjusted fee will be declared prior to annual renewal of this Agreement.
Licensee shall and hereby agrees to pay to County in accordance with all readjusted fees for each
annual term of this Agreement.
IV. PURPOSE AND USE OF NETWORK
3
16B6
A.
REPRESENTATIONS. Licensee hereby represents that access to and use
of the Network shall only be used for purposes of Global Positioning
System surveys, data collection related to surveying, mapping and post-
processmg,
B.
LICENSEE USE ONLY. Licensee agrees that access to and use of the
Network will be for Licensee's internal needs.
V. NOTICES AND TERMINATION.
A,
NOTICES. Any notices required or provided under this Agreement by the
County will be deemed received by Licensee upon faxing, emailing or by
deposit of the notice in regular U.S. mail with first class postage prepaid.
Such notices to the Licensee shall be directed to the address, fax number
or email address of the Licensee as stated in this Agreement. Any notices
to be provided to the County by Licensee must be provided by both
facsimile and regular U.S. mail to Jim Mudd, County Managers Office,
3301 Tamiami Trail East, Naples, Florida 34112 and at fax number: 239-
774-4010.
B.
TERMINATION, The County may terminate this agreement at any time
with or without cause upon thirty (30) days' written notice to the Licensee.
Licensee may terminate this agreement at any time with or without cause
upon thirty (30) days' written notice to the County.
VI. MISCELLANEOUS.
A.
This Agreement contains the entire understanding between County and
Licensee and supersedes all prior agreements or understandings between
County and Licensee with respect to the agreement subject matter.
B.
Any modification or waiver of any provision in this Agreement shall not
be effective unless made in writing and signed by authorized
representatives of both the County and Licensee,
C.
This Agreement shall be governed and construed in accordance with the
laws of the State of Florida.
D.
In the event that any term or provision of this Agreement is deemed
unenforceable or unlawful for any reason, the remainder of the Agreement
shall remain enforceable and in effect.
E,
This Agreement is freely and voluntarily executed by the County and
Licensee after they have been apprised of all relevant information
4
1686
concerning this Agreement. The County and Licensee acknowledge this
Agreement as the product of mutual negotiation and no doubtful or
ambiguous provision that may exist in this Agreement is to be construed
against either the County or the Licensee either based upon a claim the
party drafted the ambiguous language or that the language in question was
intended to favor one party or the other.
F.
The effective date of this Agreement shall be the date upon which it is
approved by the County.
LICENSEE
RW A, INC.
Willow Park Drive, Suite 200
Naples, Florida 34109
Signed Name
8LSA mDt2.~, (\ t' Z-
Printed Name
.y~~.~y
TITLE: ,~ " I . ;
DATE: / - ? 1/- tJ
l}OtJ(?i C ~/'1er
.~
~~ _ \ )0 bltC)).-
~'~~
~J.gned be
-llibl OQI.vE....
Printed Name
COLLIER COUNTY
BY: 0- yo/~
TITLE: ~&.t."""7"'/. ~...c..
DATE: I/'!!JI b C.
,
pro ed as to f~~ scciency:
A . tant County Attorney
ltem# Ii 0 ~ tL>
~da\-l() -D0
~:d \-3 r-Qlp
05- TRN-00029/5
5
0(.
1686
GLOBAL POSITIONING SYSTEM NETWORK ACCESS AND LICENSE
AGREEMENT
This Global Positioning System Network Access and License Agreement (hereinafter
referred to as the "Agreement") is made and entered into on this 19 day of January, 2006, by and
between Collier County, a political subdivision of the State of Florida (hereinafter referred to as
the "County") and Q. Grady Minor and Associates, P.A., whose mailing address, telephone
number, facsimile number and email address is 3800 Via Del Rey Bonita Springs, Florida 34134
(239) 947-1144 & Fax (239) 947-6783 (hereinafter referred to as the "Licensee").
WHEREAS, the County, pursuant to its governmental and proprietary functions has and
maintains, by and through its elected and appointed officers, a Global Positioning System
Network (hereinafter referred to as the "Network"); and
WHEREAS, access to and use of the Network is highly beneficial to the operation of
many departments and agencies within Collier County government; and
WHEREAS, the County recognizes that access to this Network also may be highly
beneficial to citizens and entities outside of Collier County government; and
WHEREAS, the Licensee has requested access to and use of the Network operated by the
County; and
WHEREAS, the County may charge reasonable fees associated with providing and
maintaining access to and use of the Network; and
WHEREAS, the County and Licensee desire to enter into this Agreement for access and
use of the Network by Licensee.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the County and Licensee expressly agree that:
I. LICENSE.
A.
GRANT. The County hereby grants to Licensee and Licensee hereby
accepts, upon the express terms and conditions contained in this
Agreement, a non-exclusive, revocable and non-transferable license to
obtain access to, and use of, the Network for the uses and purposes
authorized under this Agreement.
8.
SCOPE AND APPLICATION. The License granted under this
Agreement shall be effective upon its acceptance and execution by the
County and shall remain in effect, unless sooner revoked or terminated,
until and through December 31, 2006.
1686
I. ACCESS. Pursuant to the terms and conditions of this Agreement,
Licensee shall be provided access to and use of the Network.
Licensee shall not be entitled to any modifications, updates,
renewals, additional data, or information under the License granted
by this Agreement except as otherwise allowed by applicable law.
Licensee shall provide all equipment and software necessary for its
own connection, its own support and own access to and use of the
Network.
2. USE. Subject to the terms, conditions and prohibitions contained
in this Agreement, Licensee shall be entitled to access and use the
Network as provided under this License for any authorized use
throughout the term ofthe License.
3. TRANSFER. This License is expressly non-transferable and
Licensee shall not assign or attempt to transfer any interest,
entitlement, or obligation under this Agreement to any other person
or entity.
4. RENEWAL. Absent any notification by the County to the
contrary, this License shall automatically renew for a two-year
period upon written request of the Licensee.
II. DATA AND INFORMATION.
A.
DESCRIPTION. This Agreement and the License granted by this
Agreement applies to access and use of the Network. Nothing in this
Agreement is intended to limit or restrict the rights of Licensee under
Chapter 119, Florida Statutes.
8.
DISCLAIMER OF ACCURACY AND WARRANTIES. Licensee shall,
and hereby does, knowingly accept the Network "as is" and the Licensee
expressly acknowledges that it has no warranty with respect to access to or
use of the Network or to any data generated by Licensee's access to or use
of the Network. In this respect, the County expressly disclaims any
representation or warranty as to the completeness or accuracy of any data
or information generated by Licensee's access to or use of the Network
and also expressly disclaims any representation or warranty as to the
Network's availability at any given time. Further, the County expressly
disclaims any representation or warranty as to the suitability of any data or
information generated by access to or use of the Network for any intended
purpose ofthe Licensee.
c.
RELEASE. Licensee expressly releases and hereby agrees to hold the
County, its elected officials, officers, employees, former employees,
attorneys, agents, representatives, predecessors, successors, insurers,
sureties and assigns harmless from any and all claims, causes of action,
damages, liabilities or expenses that may arise out of or that relate in any
way to the use of data or information generated by access to or use of the
2
1686
Network or by access to or use ofthe Network. Licensee hereby expressly
agrees and acknowledges that it assumes all risk of any liabilities of any
nature whatsoever that may arise or relate in any way to use of and access
to the Network or reliance upon data generated as a result of use of and
access to the Network.
D.
TITLE. The custody and title and all other rights and interests in the
Network that is the subject of this Agreement, and the content thereof, are
and shall at all times remain with the County. The Licensee shall not
assign, sub-license, or otherwise transfer its rights hereunder and any such
attempt to transfer shall be void.
E.
HOURS OF NETWORK OPERATION. Hours of Network operation will
be established and posted on the Global Positioning System Network
Internet Website. Notification will be posted prior to any change in hours.
No other notification will be given. The County will not be responsible
for unplanned outages, including, but not limited to, system crashes,
power failures, equipment failures, or acts of nature or any other event or
occurrence rendering the Network unusable or access to the Network
unavailable.
F.
UNITED STATES GLOBAL POSITIONING SYSTEM. The Licensee
agrees the United States Global Positioning System is operated and
managed by the United States Government. The Licensee further
acknowledges and agrees that no warranty or representation is made by
the County regarding accuracy or fitness of use or future availability of the
United States GPS System.
G.
PUBLIC RECORDS. Licensee understands, aggress and acknowledges
that, depending upon the facts and circumstances, data or information
generated by access to or use of the Network may become subject to
disclosure under the Florida Public Records Act.
Ill. FEES AND COSTS
It is the County's intent to recover the reasonable costs of making the Network available
to the public and maintaining the Network for such availability. Thus, a fee for access may be
set by the Board of County Commissioners during the initial term of this Agreement and
Licensee agrees it shall pay any such fee within thirty (30) days after receipt of written notice
from the County as a condition for continued access to the Network. This fee will be reevaluated
annually and adjusted based on maintenance costs and updating costs to continue public access
to the Network. The adjusted fee will be declared prior to annual renewal of this Agreement.
Licensee shall and hereby agrees to pay to County in accordance with all readjusted fees for each
annual term of this Agreement.
IV. PURPOSE AND USE OF NETWORK
3
1686
A.
REPRESENTATIONS. Licensee hereby represents that access to and use
of the Network shall only be used for purposes of Global Positioning
System surveys, data collection related to surveying, mapping and post-
processmg.
8.
LICENSEE USE ONLY. Licensee agrees that access to and use of the
Network will be for Licensee's internal needs.
V. NOTICES AND TERMINATION.
A.
NOTICES. Any notices required or provided under this Agreement by the
County will be deemed received by Licensee upon faxing, emailing or by
deposit of the notice in regular U.S. mail with first class postage prepaid.
Such notices to the Licensee shall be directed to the address, fax number
or email address of the Licensee as stated in this Agreement. Any notices
to be provided to the County by Licensee must be provided by both
facsimile and regular U.S. mail to Jim Mudd, County Managers Office,
3301 Tamiami Trail East, Naples, Florida 34112 and at fax number: 239-
774-4010.
B.
TERMINATION. The County may terminate this agreement at any time
with or without cause upon thirty (30) days' written notice to the Licensee.
Licensee may terminate this agreement at any time with or without cause
upon thirty (30) days' written notice to the County.
VI. MISCELLANEOUS.
A.
This Agreement contains the entire understanding between County and
Licensee and supersedes all prior agreements or understandings between
County and Licensee with respect to the agreement subject matter.
B.
Any modification or waiver of any provision in this Agreement shall not
be effective unless made in writing and signed by authorized
representatives of both the County and Licensee.
C.
This Agreement shall be governed and construed in accordance with the
laws of the State of Florida.
D.
In the event that any term or provlS\on of this Agreement is deemed
unenforceable or unlawful for any reason, the remainder of the Agreement
shall remain enforceable and in effect.
E.
This Agreement is freely and voluntarily executed by the County and
Licensee after they have been apprised of all relevant information
4
1686
concerning this Agreement. The County and Licensee acknowledge this
Agreement as the product of mutual negotiation and no doubtful or
ambiguous provision that may exist in this Agreement is to be construed
against either the County or the Licensee either based upon a claim the
party drafted the ambiguous language or that the language in question was
intended to favor one party or the other.
F.
The effective date of this Agreement shall be the date upon which it is
approved by the County.
(
ITNESS~: .
C Cc.", lbJ'JCJi
Signed Name '
I Co'\ <['k c-
Pri Name / ~
. .1 ~ ..L-" /7'1 Ltl0"-
19I)ed Name
PIl f-!2i.I" fl C /)JG'
Printed Name
Printed Name
LICENSEE
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
~~/P7~
~BY: Stephen V. Burgess,4'.S.M.
I TITLE: Vice President
DATE: January 20,2006
COLLIER COUNTY
~;;r~~~
DATE: ;Z '.i!,/o.v
05-TRN-00029/5
5
1686
.
GLOBAL POSITIONING SYSTEM NETWORK ACCESS AND LICENSE
AGREEMENT
This Global Positioning System Network Access and License AgrZ:; (hereinafter
referred to as the "Agreement") is made and entered into on this (0 day of , 2006,
by and between Collier County, a political subdivision of the State of F orida (hereinafter
referred to as the "County") and $frt -r, ; I'l L , whose mailing address,
telephone number, facsimile number and email address is
437"Cor(>l;r<t.~e s.,v~;-~ S,-,.-r:e.,t..b {- J",PMJ rL 34/1Z-- (hereinafter referred to
as the "Licensee"). Z3~- c..4J'z.."l/1 - ~3:J 'z..~3"oCIf _ .JSI2.S,<,fT i.-u:... € 6..-,4iJ~k.. . "'leT
WHEREAS, the County, pursuant to its governmental and proprietary functions has and
maintains, by and through its elected and appointed officers, a Global Positioning System
Network (hereinafter referred to as the "Network"); and
WHEREAS, access to and use of the Network is highly beneficial to the operation of
many departments and agencies within Collier County government; and
WHEREAS, the County recognizes that access to this Network also may be highly
beneficial to citizens and entities outside of Collier County government; and
WHEREAS, the Licensee has requested access to and use of the Network operated by the
County; and
WHEREAS, the County may charge reasonable fees associated with providing and
maintaining access to and use ofthe Network; and
WHEREAS, the County and Licensee desire to enter into this Agreement for access and
use of the Network by Licensee.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the County and Licensee expressly agree that:
I. LICENSE.
A.
GRANT. The County hereby grants to Licensee and Licensee hereby
accepts, upon the express terms and conditions contained in this
Agreement, a non-exclusive, revocable and non-transferable license to
obtain access to, and use of, the Network for the uses and purposes
authorized under this Agreement.
B.
SCOPE AND APPLICATION. The License granted under this
Agreement shall be effective upon its acceptance and execution by the
County and shall remain in effect, unless sooner revoked or terminated,
until and through December 31, 2006.
1686
.
I. ACCESS. Pursuant to the terms and conditions of this Agreement,
Licensee shall be provided access to and use of the Network.
Licensee shall not be entitled to any modifications, updates,
renewals, additional data, or information under the License granted
by this Agreement except as otherwise allowed by applicable law.
Licensee shall provide all equipment and software necessary for its
own connection, its own support and own access to and use of the
Network.
2. USE. Subject to the terms, conditions and prohibitions contained
in this Agreement, Licensee shall be entitled to access and use the
Network as provided under this License for any authorized use
throughout the term of the License.
3. TRANSFER. This License is expressly non-transferable and
Licensee shall not assign or attempt to transfer any interest,
entitlement, or obligation under this Agreement to any other person
or entity.
4. RENEWAL. Absent any notification by the County to the
contrary, this License shall automatically renew for a two-year
period upon written request of the Licensee.
II. DATA AND INFORMATION.
A.
DESCRIPTION. This Agreement and the License granted by this
Agreement applies to access and use of the Network. Nothing in this
Agreement is intended to limit or restrict the rights of Licensee under
Chapter 119, Florida Statutes.
B.
DISCLAIMER OF ACCURACY AND WARRANTIES. Licensee shall,
and hereby does, knowingly accept the Network "as is" and the Licensee
expressly acknowledges that it has no warranty with respect to access to or
use of the Network or to any data generated by Licensee's access to or use
of the Network. In this respect, the County expressly disclaims any
representation or warranty as to the completeness or accuracy of any data
or information generated by Licensee's access to or use of the Network
and also expressly disclaims any representation or warranty as to the
Network's availability at any given time. Further, the County expressly
disclaims any representation or warranty as to the suitability of any data or
information generated by access to or use of the Network for any intended
purpose of the Licensee,
C.
RELEASE. Licensee expressly releases and hereby agrees to hold the
County, its elected officials, officers, employees, former employees,
attorneys, agents, representatives, predecessors, successors, insurers,
sureties and assigns harmless from any and all claims, causes of action,
damages, liabilities or expenses that may arise out of or that relate in any
way to the use of data or information generated by access to or use of the
2
1686
.
Network or by access to or use of the Network. Licensee hereby expressly
agrees and acknowledges that it assumes all risk of any liabilities of any
nature whatsoever that may arise or relate in any way to use of and access
to the Network or reliance upon data generated as a result of use of and
access to the Network,
D.
TITLE. The custody and title and all other rights and interests in the
Network that is the subject of this Agreement, and the content thereof, are
and shall at all times remain with the County. The Licensee shall not
assign, sub-license, or otherwise transfer its rights hereunder and any such
attempt to transfer shall be void.
E.
HOURS OF NETWORK OPERATION. Hours of Network operation will
be established and posted on the Global Positioning System Network
Internet Website. Notification will be posted prior to any change in hours.
No other notification will be given. The County will not be responsible
for unplanned outages, including, but not limited to, system crashes,
power failures, equipment fuilures, or acts of nature or any other event or
occurrence rendering the Network unusable or access to the Network
unavailable.
F.
UNITED STATES GLOBAL POSITIONING SYSTEM. The Licensee
agrees the United States Glohal Positioning System is operated and
managed by the United States Government. The Licensee further
acknowledges and agrees that no warranty or representation is made by
the County regarding accuracy or fitness of use or future availability of the
United States GPS System.
G.
PUBLIC RECORDS. Licensee understands, aggress and acknowledges
that, depending upon the facts and circumstances, data or information
generated by access to or use of the Network may become subject to
disclosure under the Florida Public Records Act.
IlL FEES AND COSTS
It is the County's intent to recover the reasonable costs of making the Network available
to the public and maintaining the Network for such availability. Thus, a fee for access may be
set by the Board of County Commissioners during the initial term of this Agreement and
Licensee agrees it shall pay any such fee within thirty (30) days after receipt of written notice
from the County as a condition for continued access to the Network. This fee will be reevaluated
annually and adjusted based on maintenance costs and updating costs to continue public access
to the Network. The adjusted fee will be declared prior to annual renewal of this Agreement.
Licensee shall and hereby agrees to pay to County in accordance with all readjusted fees for each
annual term of this Agreement.
IV, PURPOSE AND USE OF NETWORK
3
1686
.
A.
REPRESENTATIONS. Licensee hereby represents that access to and use
of the Network shall only be used for purposes of Global Positioning
System surveys, data collection related to surveying, mapping and post-
processing.
B.
LICENSEE USE ONLY. Licensee agrees that access to and use of the
Network will be for Licensee's internal needs,
V. NOTICES AND TERMINATION.
A.
NOTICES. Any notices required or provided under this Agreement by the
County will be deemed received by Licensee upon faxing, emailing or by
deposit of the notice in regular U.S. mail with first class postage prepaid.
Such notices to the Licensee shall be directed to the address, fax number
or email address of the Licensee as stated in this Agreement. Any notices
to be provided to the County by Licensee must be provided by both
facsimile and regular U.S. mail to Jim Mudd, County Managers Office,
3301 Tamiami Trail East, Naples, Florida 34112 and at fax number: 239-
774-4010.
B.
TERMINATION. The County may terminate this agreement at any time
with or without cause upon thirty (30) days' written notice to the Licensee.
Licensee may terminate this agreement at any time with or without cause
upon thirty (30) days' written notice to the County.
VI. MISCELLANEOUS.
A.
This Agreement contains the entire understanding between County and
Licensee and supersedes all prior agreements or understandings between
County and Licensee with respect to the agreement subject matter.
B.
Any modification or waiver of any provision in this Agreement shall not
be effective unless made in writing and signed by authorized
representatives of both the County and Licensee.
C.
This Agreement shall be governed and construed in accordance with the
laws of the State of Florida.
D.
In the event that any term or provision of this Agreement is deemed
unenforceable or unlawful for any reason, the remainder of the Agreement
shall remain enforceable and in effect.
E.
This Agreement is freely and voluntarily executed by the County and
Licensee after they have been apprised of all relevant information
4
lb86'~,
concerning this Agreement. The County and Licensee acknowledge this
Agreement as the product of mutual negotiation and no doubtful or
ambiguous provision that may exist in this Ab'feement is to be construed
against either the County or the Licensee either based upon a claim the
party drafted the ambiguous language or that the language in question was
intended to fuvor one party or the other.
F.
The effective date of this Agreement shall be the date upon which it is
approved by the County.
~~
Slgne e V
~#.tIV J..,t' /L/-Cf'
. d Name
LICENSEE
:5o.JJ(~",., f11t;fIIJ ~c. -tolor;(y ;'<c .
,,_"'S KL .f'
Signed Name
Jq,.,t'sS. /2~~~..fJ
Print d Name
TITLE: .ri!$'~", 'T
DATE: 2-
COLLIER COUNTY
BY O~;oy....#
TITLE: ~ I ~.4(i~4..
DATE: .:z/",.yIPt.
. .
Approved as to form and legal sufficiency:
;;~-;J-R /~ (
Assistant County Attorney -
05. TRN-00029/5
5
1686
GLOBAL POSITIONING SYSTEM NETWORK ACCESS AND LICENSE
AGREEMENT
This Global Positioning System Network Access and License Agreement (hereinafter
referred to as the "Agreement") is made and entered into on this 9thday of February, 2006,
by and between Collier County, a political subdivision of the State of Florida (hereinafter
referred to as the "County") and Morris-Depew /lssoc., Inpwhose mailing address,
telephone number, facsimile number and email address is
2216 Altamont. Ft Myprs. 1<'1'. llQOq (?lQ)337-3993 (hereinafter referred to
as the "Licensee"). (239) 337-3994 Fax bnix@m-da.com
WHEREAS, the County, pursuant to its govermnental and proprietary functions has and
maintains, by and through its elected and appointed officers, a Global Positioning System
Network (hereinafter referred to as the "Network"); and
WHEREAS, access to and use of the Network is highly beneficial to the operation of
many departments and agencies within Collier County government; and
WHEREAS, the County recognizes that access to this Network also may be highly
beneficial to citizens and entities outside of Collier County government; and
WHEREAS, the Licensee has requested access to and use of the Network operated by the
County; and
WHEREAS, the County may charge reasonable fees associated with providing and
maintaining access to and use of the Network; and
WHEREAS, the County and Licensee desire to enter into this Agreement for access and
use of the Network by Licensee.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the County and Licensee expressly agree that:
1. LICENSE.
A.
GRANT. The County hereby grants to Licensee and Licensee hereby
accepts, upon the express terms and conditions contained in this
Agreement, a non-exclusive, revocable and non-transferable license to
obtain access to, and use of, the Network for the uses and purposes
authorized under this Agreement.
B.
SCOPE AND APPLICATION. The License granted under this
Agreement shall be effective upon its acceptance and execution by the
County and shall remain in effect, unless sooner revoked or terminated,
until and through December 31, 2006.
1686
1. ACCESS. Pursuant to the terms and conditions of this Agreement,
Licensee shall be provided access to and use of the Network.
Licensee shall not be entitled to any modifications, updates,
renewals, additional data, or information under the License granted
by this Agreement except as otherwise allowed by applicable law.
Licensee shall provide all equipment and software necessary for its
own connection, its own support and own access to and use of the
Network.
2. USE. Subject to the terms, conditions and prohibitions contained
in this Agreement, Licensee shall be entitled to access and use the
Network as provided under this License for any authorized use
throughout the term of the License.
3. TRANSFER. This License is expressly non-transferable and
Licensee shall not assign or attempt to transfer any interest,
entitlement, or obligation under this Agreement to any other person
or entity.
4. RENEWAL. Absent any notification by the County to the
contrary, this License shall automatically renew for a two-year
period upon written request of the Licensee.
11. DATA AND INFORMATION.
A.
DESCRIPTION. This Agreement and the License granted by this
Agreement applies to access and use of the Network. Nothing in this
Agreement is intended to limit or restrict the rights of Licensee under
Chapter 119, Florida Statutes.
B.
DISCLAIMER OF ACCURACY AND WARRANTIES. Licensee shall,
and hereby does, knowingly accept the Network "as is" and the Licensee
expressly acknowledges that it has no warranty with respect to access to or
use of the Network or to any data generated by Licensee's access to or use
of the Network. In this respect, the County expressly disclaims any
representation or warranty as to the completeness or accuracy of any data
or information generated by Licensee's access to or use of the Network
and also expressly disclaims any representation or warranty as to the
Network's availability at any given time. Further, the County expressly
disclaims any representation or warranty as to the suitability of any data or
information generated by access to or use of the Network for any intended
purpose of the Licensee.
C.
RELEASE. Licensee expressly releases and hereby agrees to hold the
County, its elected officials, officers, employees, former employees,
attorneys, agents, representatives, predecessors, successors, insurers,
sureties and assigns harmless from any and all claims, causes of action,
damages, liabilities or expenses that may arise out of or that relate in any
way to the use of data or information generated by access to or use of the
2
1686
Network or by access to or use of the Network. Licensee hereby expressly
agrees and acknowledges that it assumes all risk of any liabilities of any
nature whatsoever that may arise or relate in any way to use of and access
to the Network or reliance upon data generated as a result of use of and
access to the Network.
D.
TITLE. The custody and title and all other rights and interests in the
Network that is the subject of this Agreement, and the content thereof, are
and shall at all times remain with the County. The Licensee shall not
assign, sub-license, or otherwise transfer its rights hereunder and any such
attempt to transfer shall be void.
E.
HOURS OF NETWORK OPERATION. Hours of Network operation will
be established and posted on the Global Positioning System Network
Internet Website. Notification will be posted prior to any change in hours.
No other notification will be given. The County will not be responsible
for unplanned outages, including, but not limited to, system crashes,
power failures, equipment failures, or acts of nature or any other event or
occurrence rendering the Network unusable or access to the Network
unavailable.
F.
UNITED STATES GLOBAL POSITIONING SYSTEM. The Licensee
agrees the United States Global Positioning System is operated and
managed by the United States Government. The Licensee further
acknowledges and agrees that no warranty or representation is made by
the County regarding accuracy or fitness of use or future availability of the
United States GPS System.
G.
PUBLIC RECORDS. Licensee understands, aggress and acknowledges
that, depending upon the facts and circumstances, data or information
generated by access to or use of the Network may become subject to
disclosure under the Florida Public Records Act.
III. FEES AND COSTS
It is the County's intent to recover the reasonable costs of making the Network available
to the public and maintaining the Network for such availability. Thus, a fee for access may be
set by the Board of County Commissioners during the initial term of this Agreement and
Licensee agrees it shall pay any such fee within thirty (30) days after receipt of written notice
from the County as a condition for continued access to the Network. This fee will be reevaluated
annually and adjusted based on maintenance costs and updating costs to continue public access
to the Network. The adjusted fee will be declared prior to annual renewal of this Agreement.
Licensee shall and hereby agrees to pay to County in accordance with all readjusted fees for each
annual term ofthis Agreement.
IV. PURPOSE AND USE OF NETWORK
3
1686
A.
REPRESENT A TIONS. Licensee hereby represents that access to and use
of the Network shall only be used for purposes of Global Positioning
System surveys, data collection related to surveying, mapping and post-
processmg.
B.
LICENSEE USE ONLY. Licensee agrees that access to and use of the
Network will be for Licensee's internal needs.
V. NOTICES AND TERMINATION.
A.
NOTICES. Any notices required or provided under this Agreement by the
County will be deemed received by Licensee upon faxing, emailing or by
deposit of the notice in regular U.S. mail with first class postage prepaid.
Such notices to the Licensee shall be directed to the address, fax number
or email address of the Licensee as stated in this Agreement. Any notices
to be provided to the County by Licensee must be provided by both
facsimile and regular U.S. mail to Jim Mudd, County Managers Office,
3301 Tamiami Trail East, Naples, Florida 34112 and at fax number: 239-
774-4010.
B.
TERMINATION. The County may terminate this agreement at any time
with or without cause upon thirty (30) days' written notice to the Licensee.
Licensee may terminate this agreement at any time with or without cause
upon thirty (30) days' written notice to the County.
V1. MISCELLANEOUS.
A.
This Agreement contains the entire understanding between County and
Licensee and supersedes all prior agreements or understandings between
County and Licensee with respect to the agreement subject matter.
B.
Any modification or waiver of any provision in this Agreement shall not
be effective unless made in writing and signed by authorized
representatives of both the County and Licensee.
c.
This Agreement shall be governed and construed in accordance with the
laws of the State of Florida.
D.
In the event that any term or provlSlon of this Agreement is deemed
unenforceable or unlawful for any reason, the remainder of the Agreement
shall remain enforceable and in effect.
E.
This Agreement is freely and voluntarily executed by the County and
Licensee after they have been apprised of all relevant information
4
1686
concerning this Agreement. The County and Licensee acknowledge this
Agreement as the product of mutual negotiation and no doubtful or
ambiguous provision that may exist in this Agreement is to be construed
against either the County or the Licensee either based upon a claim the
party drafted the ambiguous language or that the language in question was
intended to favor one party or the other.
F.
The effective date of this Agreement shall be the date upon which it is
approved by the County.
~~~(ft
Signed Name
MllfLK. 11. 1/11 T'h E t...P
Printed Name
~'?/hG.,
Signed Name
..J~~6IJ T. 1l1C/?.L1I".
Printed Name
LICENSEE
BY
.--
~.(f~
Printed Name
TITLE:~t"/cel>
DATE: 0
COLLIER COUNTY
~
~J. \JdL-
~ C1t'C/~
'--"
ppro" d 'If t:L",;rn"
ssistant County Attorney
05-TRN-00029/5
5
1686
GLOBAL POSITIONING SYSTEM NETWORK ACCESS AND LICENSE
AGREEMENT
This Global Positioning System Network Access and License Agreement (hereinafter
referred to as the "Agreement") is made and entered into on this/>17,flay of /i$/2L412-12006,
by and between Collier County, a political subdivision of the State of Florida (heleinafter
referred to as the "CountY") and (;0;!~7lF-' G;"tri,.jee:,^,(~ _, whose mailing address,
telephone number, facsimile number and email address is
'3/cG: 5 ;.IolZ.<;b/~ J?z. Nlff't..€> Ii .'4!c4 (hereinafter referred to
as the "Licensee"). 1"/-1 t1? Z;ic.( E-M/!iL: /Z)E'c(' c.:c<'-/rc (-~A1
fi:I '- !:. cj _> 1/i1 z,
WHEREAS, the County, pursuant to its governmental and proprietary functions has and
maintains, by and through its elected and appointed officers, a Global Positioning System
Network (hereinafter referred to as the "Network"); and
WHEREAS, access to and use of the Network is highly beneficial to the operation of
many departments and agencies within Collier County government; and
WHEREAS, the County recognizes that access to this Network also may be highly
beneficial to citizens and entities outside of Collier County government; and
WHEREAS, the Licensee has requested access to and use of the Network operated by the
County; and
WHEREAS, the County may charge reasonable fees associated with providing and
maintaining access to and use ofthe Network; and
WHEREAS, the County and Licensee desire to enter into this Agreement for access and
use of the Network by Licensee.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the County and Licensee expressly agree that:
I. LICENSE.
A.
GRANT. The County hereby grants to Licensee and Licensee hereby
accepts, upon the express terms and conditions contained in this
Agreement, a non-exclusive, revocable and non-transferable license to
obtain access to, and use of, the Network for the uses and purposes
authorized under this Agreement.
B.
SCOPE AND APPLICATION. The License granted under this
Agreement shall be effective upon its acceptance and execution by the
County and shall remain in effect. unless sooner revoked or terminated,
until and through December 31,2006.
1686
1. ACCESS. Pursuant to the terms and conditions ofthis Agreement,
Licensee shall be provided access to and use of the Network.
Licensee shall not be entitled to any modifications, updates,
renewals, additional data, or information under the License granted
by this Agreement except as otherwise allowed by applicable law.
Licensee shall provide all equipment and software necessary for its
own connection, its own support and own access to and use of the
Network.
2. USE. Subjed to the terms, conditions and prohibitions contained
in this Agreement, Licensee shall be entitled to access and use the
Network as provided under this License for any authorized use
throughout the term of the License.
3. TRANSFER. This License is expressly non-transferable and
Licensee shall not assign or attempt to transfer any interest,
entitlement, or obligation under this Agreement to any other person
or entity.
4. RENEW AL. Absent any notification by the County to the
contrary, this License shall automatically renew for a two-year
period upon written request of the Licensee.
II. DATA AND INFORMATION.
A.
DESCRIPTION. This Agreement and the License granted by this
Agreement applies to access and use of tile Network. Nothing in this
Agreement is intended to limit or restrict the rights of Licensee under
Chapter 119, Florida Statutes.
B.
DISCLAIMER OF ACCURACY AND WARRANTIES. Licensee shall,
and hereby does, knowingly accept the Network "as is" and the Licensee
expressly acknowledges that it has no warranty with respect to access to or
use of the Network or to any data generated by Licensee's access to or use
of the Network. In this respect, the County expressly disclaims any
representation or warranty as to the completeness or accuracy of any data
or information generated by Licensee's access to or use of the Network
and also expressly disclaims any representation or warranty as to the
Network's availability at any given time. Further, the County expressly
disclaims any representation or warranty as to the suitability of any data or
information generated by access to or use of the Network for any intended
purpose ofthe Licensee.
c.
RELEASE. Licensee expressly releases and hereby agrees to hold the
County, its elected officials, officers, employees, former employees,
attorneys, agents, representatives, predecessors, successors, insurers,
sureties and assigns harmless from any and all claims, causes of action,
damages, liabilities or expenses that may arise out of or that relate in any
way to the use of data or information generated by acccss to or use of the
2
1686
Network or by access to or use of the Network. Licensee hereby expressly
agrees and acknowledges that it assumes all risk of any liabilities of any
nature whatsoever that may arise or relate in any way to use of and access
to the Network or reliance upon data generated as a result of use of and
access to the Network.
D.
TITLE. The custody and title and all other rights and interests in the
Network that is the subject of this Agreement, and the content thereof, are
and shall at all times remain with the County. The Licensee shall not
assign, sub-license, or otherwise transfer its rights hereunder and any such
attempt to transfer shall be void.
E.
HOURS OF NETWORK OPERATION. Hours of Network operation will
be established and posted on the Global Positioning System Network
Internet Website. Notification will be posted prior to any change in hours.
No other notification will be given. The Connty will not be responsible
for unplanned outages, including, but not limited to, system crashes,
power failures, equipment failures, or acts of nature or any other event or
occurrence rendering the Network unusable or access to the Network
unavailable.
F.
UNITED STATES GLOBAL POSITIONING SYSTEM. The Licensee
agrees the United States Global Positioning System is operated and
managed by the United States Government. The Licensee further
acknowledges and agrees that no warranty or representation is made by
the County regarding accuracy or fitness of use or future availability of the
United States GPS System.
G.
PUBLIC RECORDS. Licensee understands, aggress and acknowledges
that, depending upon the facts and circumstances, data or information
generated by access to or nse of the Network may become snbject to
disclosure under the Florida Public Records Act.
III. FEES AND COSTS
It is the County's intent to recover the reasonable costs of making the Network available
to the public and maintaining the Network for such availability. Thus, a fee for access may be
set by the Board of County Commissioners during the initial term of this Agreement and
Licensee agrees it shall pay any such fee within thirty (30) days after receipt of written notice
from the County as a condition for continued access to the Network. This fee will be reevalnated
annually and adjusted based on maintenance costs and updating costs to continne public access
to the Network. The adjusted fee will be declared prior to annual renewal of this Agreement.
Licensee shall and hereby agrees to pay to County in accordance with all readjusted fees for each
annual term of this Agreement.
IV. PURPOSE AND USE OF NETWORK
3
1686
A.
REPRESENTATIONS. Licensee hereby represents that access to and use
of the Network shall only be used for purposes of Global Positioning
System surveys, data collection related to surveying, mapping and post-
processmg.
B.
LICENSEE USE ONLY. Licensee agrees that access to and use of the
Network will be for Licensee's internal needs.
V. NOTICES AND TERMINATION.
A.
NOTICES. Any notices required or provided under this Agreement by the
County will be deemed received by Licensee upon faxing, emailing or by
deposit of the notice in regular U.S. mail with first class postage prepaid.
Such notices to the Licensee shall be directed to the address, fax number
or email address of the Licensee as stated in this Agreement. Any notices
to be provided to the County by Licensee mnst be provided by both
facsimile and regular U.S. mail to Jim Mudd, County Managers Office,
3301 Tamiami Trail East, Naples, Florida 34112 and at fax number: 239-
774-4010.
B.
TERMINATION. The County may terminate this agreement at any time
with or without cause upon thirty (30) days' written notice to the Licensee.
Licensee may terminate this agreement at any time with or without cause
upon thirty (30) days' written notice to the County.
VI. MISCELLANEOUS.
A.
This Agreement contains the entire understanding between County and
Licensee and supersedes all prior agreements or understandings between
County and Licensee with respect to the agreement subject matter.
B.
Any modification or waiver of any provision in this Agreement shall not
be effective unless made in writing and signed by authorized
representatives of both the County and Licensee.
c.
This Agreement shall be governed and construed in accordance with the
laws of the State of Florida.
D.
In the event that any term or prOVISIon of this Agreement is deemed
unenforceable or unlawful for any reason, the remainder of the Agreement
shall remain enforceable and in effect.
E.
This Agreement is freely and voluntarily executed by the County and
Licensee after they have been apprised of all relevant information
4
1686
concerning this Agreement. The County and Licensee acknowledge this
Agreement as the product of mutual negotiation and no doubtful or
ambiguous provision that may exist in this Agreement is to be construed
against either the County or the Licensee either based upon a claim the
party drafted the ambiguous language or that the language in qnestion was
intended to favor one party or the other.
F.
The effective date of this Agreement shall be the date upon which it is
approved by the County.
~NtJ;E :
Signed Na
~/-.lA WOl-{<>-~
p~.(5-{c}/;i;
Signed Name
'-AU I ~ G .1,)E5ltlrJ
,-
Printed Name
LICENSEE
o
BY: / d{c
Signed Name
;/ZirIMI'--P ..J bW/,.}cS
Print~sI Name0
TlTLE:~E f'/U5;PGvr-
DATE: ----.2. - / '). G?,
/)
1/
..-
--~
A56f'
~t-t iJ.blrJi..
\\. '\ rinted e) i.'
\"1 . ''Ce. ~''--
\ Sig~a '\L
Printed
COLLIER COUNTY
05-TRN-00029/5
5
STATE OF FLORIDA
COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
MEDICAID NON-EMERGENCY TRANSPORTATION (NET) PROGRAM
SUBCONTRACTED TRANSPORTATION PROVIDER AGREEMENT
AMENDMENT NO 1
1688
AGREEMENT #:
FINANCIAL PROJECT 10#:
F.E.I.D.#
BDA80
41604318201
596-000-558-004
This agreement, entered into on November 1, 2005 by and between the State of Florida, Commission for
the Transportation Disadvantaged, hereinafter called "Commission" and Collier Co. Brd. of County Comm., 2885 S
Horseshoe Dr., Naples, FL, 34104, hereinafter called "Subcontracted Transportation Provider" for Collier County.
WITNESSETH:
WHEREAS, the Commission and the, Subcontracted Transportation Provider heretofore on 1/1/2005
entered into an Agreement, hereinafter called the Original Agreement;
WHEREAS, the Commission desires to participate in all eligible items of development for this project as
outlined in the attached amended Exhibit B.
WHEREAS, this amendment is necessitated by the amendment of the contract between the Commission,
and the Agency for Health Care Administration for Medicaid Non-Emergency Transportation (NET) services.
NOW, THEREFORE, THIS INDENTURE WITNESSETH; that for and in consideration of the mutual
benefits to flow from each to the other, the parties hereto agree that the above described Agreement is to be
amended as follows:
1 . Purpose of Agreement: The purpose of the agreement is not changed.
2. Accomplishment of the Agreement: The accomplishment of the agreement is not changed.
3. Project Cost: Paragraph 8, AGREEMENT AMOUNT AND PAYMENT of said Agreement is
increased by $235,467.00 bringing the revised total cost of the project to $749,725.00.
4. Expiration of Agreement: Paragraph 2, TERM of said Agreement is amended to be June 30, 2006.
5. Exhibit B of said Agreement is replaced by Amended Exhibit B and is attached hereto and made a
part hereof.
EXCEPT as hereby modified, amended, or changed, all other terms of the Agreement dated 1/1/2005 shall remain
in full force and effect. This amendment cannot be executed unless all previous amendments to this Agreement
have been fully executed.
In witness whereof, the parties hereto have caused these presents to be executed, the day and year first above
written.
STATE OF FLORIDA
COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED
COLLIER CO. BRO. OF COUNTY COMM.
NAME
~w.~
NAME
Executive Director
TITLE
TITLE
. . ",. ~ ~~:~ I!. I "
ATTEST;..',' ."".: '
," ..,
Item# ~
Agenda l- lD-(jJ
Date
['~~ \ -l~ -do
Rec'd
AGREEMENT #: BDA80
1688
AGREEMENT AMENDMENT DATE:
November 1, 2005
EXHIBIT B
AMENDMENT # 1
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 payments shall be changed from $21,427.46 to
$20,073.56 semi-monthly. The Subcontracted Transportation Provider shall be paid up to a maximum amount of
$749,725.00. The Subcontracted Transportation Provider shall submit invoices in a format acceptable to the
Commission. The Subcontracted Transportation Provider will be paid, after the Commission has received payment
from the Agency for Health Care Administration.
1. Proiect 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.
County Original Contract Amendment Amount Total Proiect Cost
Collier $514,259.00 $235,467.00 $749,725.00
2. Disbursement Schedule of Funds
FY 05/06
November 1 sl $20,073.56 November 151h $20,073.56
December 1 st $20,073.56 December 15th $20,073.56
January 1 sl $20,073.56 January 151h $20,073.56
February 1 st $20,073.56 February 15th $20,073.56
March 1 sl $20,073.56 March 151h $20,073.56
April 1 sl $20,073.56 April 15th $20,073.56
May 1st $20,073.56 May 151h $20,073.56
June 1 st $20,073.56 June 15th $20,073.56
16C2
.
MEMORANDUM
Date:
January 11, 2006
To:
Thomas A. Deusa
Property Acquistion Specialist
From:
Heidi R, Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Easement Agreement between Collier County and
FPL
Please find enclosed an original document as referenced above, (Agenda
Item #16C2), approved by the Board of County Commissioners on January
10, 2006.
After the easement legal process has been completed, please return the original
document to the Minutes and Records Department where it will be retained in
the Pulic Record.
If you should have any questions, please call me at 774-8411.
Thank you,
Enclosure (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C 2'
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COl\1MISSIONERS OFFICE FOR SIGNATURE
Print on pink paper, Attach 10 original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded 10 the Board Office only after the Board has taken action on the ilem.}
ROUTING SLIP
Complete routing lines 1#1 through 1#4 :as appropriale for additional signatures, dates, and/or information Deeded. If the document is alre:ldy complele with the
exc tion of the Chairman's si ature, dr:Iw a IiDe throu h routin lines fllhrou 1#4, com lete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
-----.~..---
2.
,-
PRIMARY CONTACT INFORMATION
(The primary conl:1ct is the holder of the original document pending Bee approval. Normally the primary conmet is the person who cre:ltedlprep:ared the executive
summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to conmct smff for additional or missing
information. All original documents needing the BCe Chairm:ln's signature are [0 be delivered [0 the Bee office only after the Bee has acted [0 approve the
item,)
5. Sue Filson, Executive Manager
Board of County Commissioners
Name of Primary Staff ~ DelA)O\ Phone Number /74- gt?l3
Contact
Agenda Date Item was I . 10. Olo Agenda Item Number 'lo c.. ;;.,
Approved by the BCC
Type of Document FpL- f."~ml'^t Number of Original o t
Attached Documents Attached
6. Minutes and Records
Clerk of Court's Office
Yes
( Initial)
N/A (Not
A Iicable)
1.
INSTRUCTIONS & CHECKLIS'T
Initial the Yes column or mark UN/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
':Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials ar~ re uired.
In most cases (some contracts are an exception), the original document ~nd 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 c!rtain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCe on "1" '0\0 (enter date) and aU changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne 's Office has reviewed the chan es, if a Iicable.
Tt>
1'4 {A
1'b
~
~/A
\1>
2.
3.
4.
5.
6.
I: FormsJ County FormsJ ace FormsJ Original Documents Routing Slip WWS Original 9.03,04. Revised 1.26.05. Revised 2.24.05
16C2
.
EASEMENT
Form 3722-A (Stocked) Rev,7/94
Work Order No.
Sec. 32, Twp.48S, Rge.27E.
Parcel LD. 00219440008
Prepared By: Thomas A. Deusa
Name: Richard Kodera
Co. Name: FP&L Co.
Address: 26430 Old 41 Road
Bonita Springs, Florida 34135
(Maintained by Property Appraiser)
The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an
easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires,
poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add
to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width,
described as follows:
An FP&L Company easement more particularly described on Exhibit "An attached hereto and made a part hereof. Said
easement prepared by Guy p, Adams, P.L.S" of Agnpli, Barber & Brundage, Inc.
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at
all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim
and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which II1lght
interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest
extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along,
under and across the roads, streets or highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this ~ day of .,j" "lAC.. 'i .2006,
Board of County Commissioners
Collier County, Florida
By:
~W~n
3301 Tamiami Trail East
Naples, Florida 34112
Attest:
Dwight E:Brock, Clerk
This Convey,nee Approved By
The Board Of County
Commissioners
Collier COUn~'Orlda,
Pursuant To nda
Date: '-'0' OL. em No: l~ CJ..
Approved as to form and
Lega~f(lCienCY: 7
_>Z~C~ ry(~h~
Ellen T. Chadwell. Assistant County Attorney
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16C2
SKETCH AND DESCRIPTION OF A
10' FP&L EASEMENT
PBT or smcTION 32, TOWNSHIP 48 SO'UTlf. RANG. P:1 BAST,
COUBR COUNTY, PIDRlDA
~
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LINE TABLE
lENGTH BEARING
20.01 N 02.13'59' 'vi:
25.01 S 89.31'12' 'vi I
10.00 N 02.13'59' 'vi I
25.Q1 N 89.31'12' E \
10,00 S 02.13'59' E I
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FOLlOH 37540080003 I
(OR 1941, PG 2313) \
I 10'~ \
------------- - -
-----------------~
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-----------.,-------------
I (60' ROAD EASE.)
SOUlliWEST CORNER TRACT 2 \
GOLDEN GA 1E ESTA ~S-UNIT 19 I
CP.s. 7, PG, 78} I
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EASEMENT
(P8 7, PG 78)
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0
I F F
I u u
w w
I Ul Ul
I
I
I
I
I
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GENERAL NOTES:
1) DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2) P.O.C. = POINT OF COMMENCEMENT
3) P.O.B.... POINT OF BEGINNING
4) C.U.E.... COUNTY UTILITY EASEMENT
for:
NOTE: SEE SHEET 2 FOR DESCRIPllON
NOT A SURVEY
HAZEN & SAWYER
project: NCRWTP
title: SKETCH AND DESCRIPTION OF A FP&L EASEMENT PART OF SECTION 32
TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
EEEE&3GNOU
.....
===== ~RBER &
......13
......
...... RUNDAGE, INC,
Professional engineers. planners. & land surveyors
Collier County: Suite 200. 7400 Tamiami Trail. North; Naples. FL 34108 (239)597-3111 9163-A-SD
Lee County: 9990 Coconut Road, Suite 103, Bonita Springs. FL 34135 (239)948-8663
scale:
date:
AUGUST 2,
book:
page:
2005
Certificate of Authorization Nos. LB 366. llDd ED 3664
Fax: (239)566-2203
1"=30'
pro ject
nO':05-0058
acad:
file no:
view:
1 OF 2
9163
EXHIBIT A
Page a of d
16C2
.
date:
AUGUST 2, 2005
book:
page:
~
SKETCH AND DESCRIPTION OF A
10' FP&L EASEMENT
PART 0,. SBCTION 82. 'J'O'INBHIP 48 S01JTB. RANG. P:I lAST.
COUBR COUNTY. I'IDRIDA
DESCRIPTION OF FPL EASEMENT
PART OF SECTION 32) TO\"INSHIP 48 SOUTH, RANGE 27 EAST) COLLIER COUNTY
FLORIDA BEING MORE PARTICULARL Y DESCRIBED AS FDLLO\"lS;
COMMENCING AT THE SOUTH\"IEST CORNER OF TRACT 2, GOLDEN GATE ESTATES,
PLAT BOOK 7, PAGE 78, COLLIER COUNTY, FLORIDA; THENCE ALONG
THE EAST LINE OF SAID SECTION 32 NORTH 02.13'59' \"lEST 20.01 FEET TO
THE POINT OF BEGINNING OF THE FPL EASEMENT HEREIN BEING DESCRIBED;
THENCE SOUTH 89.31'12' \"lEST 25.01 FEET)
THENCE NORTH 02.13'59' \"lEST 10,00 FEET)
THENCE NORTH 89.31'12' EAST 25,01 FEET;
THENCE SOUTH 02.13'59' EAST 10,00 FEET TO THE POINT OF BEGINNING OF
THE FPL EASEMENT HEREIN DESCRIBED;
EASEMENT CONTAINS 250 SQUARE FEET OF LAND MORE DR LESS;
SUBJECT TO EASEMENTS) RESERVATIONS AND RESTRICTIONS OF RECORD.
.'
I
(,
, ,
f !
BY .1
GUY P. A'~ ~) P.L.S.
'-'
NO. 4390
NOT A SURVEY
for:
HAZEN & SAWYER
pro ject: NCRWTP
title: SKETCH AND DESCRIPTION OF A FP&L EASEMENT PART OF SECTION 32
TOWNSHIP 48 SOUTHt RANGE 27 EASTt COLLIER COUNTY, FLORIDA.
....ll
I::: GNOU
.....
I:::: ~BER &
......D
::::::-=mUNDAGE, INC.
Professional engineers, planners, & land surveyors
CoUier County: Suite 200, 7400 Tamiami Trail. North; Naples, FL 34108 (239)597-3111 9163-A-SD
Lee County: 9990 Coconut Road, Suite 103, Bonita Sprinl8, FL 34135 (239)948-8663
scale:
Certificate of AuthonzaUon Nos, LB 3884 and ED 3684
Fax: (239)566-2203
1"=30'
pro ject
nO':05-0058
acad:
view:
2 OF 2
file no:
9163
16C7
.
MEMORANDUM
Date:
January 13,2006
To:
Richard Cannyn, Project Manager
Public Utilities Division
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Contract Amendment #02
Agreement #DG040617
(South Florida Water Management District and
Collier County)
Enclosed please find two (2) original documents referenced above,
(Agenda Item #16C7), approved by the Board of County
Commissioners on Tuesday, January 10, 2006.
Please forward to the appropriate parties for signatures and return a
fully executed original to the Minutes and Records Department.
If you should have any questions, please contact me at ext. 8411.
Thank you.
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C 7
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office, The completcd routing slip and original
documents arc to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
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)
1.
2.
3.
4. Sue Filson, Executive Manager Board of County Commissioners
5. Minutes and Records Clerk of Court's Office
6. Richard Cannyn Public Utilities Engineering
Divison
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the originaI 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 Richard Cannyn Phone Number 2395306278
Contact
Agenda Date Item was 01-10-06 Agenda Item Number 16C7
Approved bv the BCC
Type of Document Contract Amendment Number of Original 2
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials,)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired,
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 1-16)/1)(; (enter date) and all changes
made during the meeting have been incorporated in the attached document, The
Count Attorne 's Office has reviewed the chan es, if a licable,
Yes
(Initial)
N/A (Not
A licable)
2,
3.
4.
5,
6.
;1~
ilL
tlL
Li<:-
I: Formsl County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05
16C7
.
SOUTH FWRIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WArs 1-800-432-2045 . TDD (561) 697-2574
Mailing Address: P,O. Box 24680, West PaIm Beach, FL 33416-4680 . www.sfwmd.gov
December 13,2005
Mr. James Delony
Collier County Water/Sewer District
3301 E Tamiami Trail
Bldg. H
Naples, FL 34112
c:>
(. :
.~ ~ :"1
"- [-1
r'-'.~
Dear Mr. Delony:
Subject:
Contract # DG040617 -A02
MANATEE ROAD ASR SYSTEM EXPANSION
r~~ ')
-..J
"
Please find enclosed two (2) copies of the subject document. Please have them signed
by an individual with signature authority on behalf of your organization. Please include
documentation to demonstrate official delegation of signature authority up to the
contract monetary limits.
Please return both copies to my attention, along with, if applicable and not previously
submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date
the documents, a fully signed document will be returned to you upon execution by the
South Florida Water Management District (District). Note that this document is not
binding on the parties until it is approved by the appropriate level of authority within the
District and executed by both parties.
Your cooperation and timely response will be greatly appreciated. Should there be any
questions, or if you require any additional information, please contact me.
Sincerely, ~ ~
ernadette Harrison
Contract Specialist
Procurement Department
bharriso@sfwmd.gov
(561) 682-6378
FAX: (561) 681-6275
BH Ism
Enclosure
c: Kent Feng, MSC 7512
GOVERNING BOARD EXECUTIVE OFFICE
Kevin McCarty, Chllir
lrela M. Bague, Vice-C/wir
Pamela Brooks-Thomas
Alice J. Carlson
Michael CoIlins
NicoLlS j. Gutierrez, Jr., Esq.
Lennart E. Lindahl, FE
Harkley R Thornton
Malcolm S. Wade, Jr.
Carol Ann Wehle, Execl/tive Director
8
ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
16C7
.
DG040617-A02
AMENDMENT NO, 02
TO AGREEMENT NO. DG040617
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
This AMENDMENT NO. 02, entered into on , to
that AGREEMENT dated March 30, 2004, as amended on December 20, 2004, between "the
Parties," the South Florida Water Management District (DISTRICT) and Collier County
(ENTITY).
WITNESSETH THAT:
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
Parties; and
WHEREAS, the Parties wish to amend the AGREEMENT in order to extend the period
of performance and revise the Summary Schedule of Tasks and Deliverables;
NOW THEREFORE, the DISTRICT and the ENTITY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
1. The term of the AGREEMENT is hereby extended by seventeen (17) months and two
(2) days, and the expiration date, as amended, is May 31, 2007. This AMENDMENT
NO. 02 shall be effective upon the date of execution by the parties.
2. This AMENDMENT NO. 02 shall be at no additional cost to the DISTRICT.
3. The Summary Schedule of Tasks and Deliverables is hereby revised to include Exhibit
"D2", attached hereto and made a part ofthis AMENDMENT NO, 2.
4. All other terms and conditions ofthe AGREEMENT, as amended, remain unchanged.
Amendment No, 02 to Agreement No. DG040617 -- Page 1 of 2
16C7
.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AMENDMENT NO, 02 on the date first written above.
SOUTH Ff.-ORIDA WATER MANAGEMENT DISTRICT
~y:
Frank Hayden, Procurement Director
SFWMD PROCUREMENT APPROVED
By: 6 /i/X4~('6.iz?)I/a~AL.dL~J""')
Date:" j().t,;) I C''';-
I /
COLLIER COUNTY
By: The Board of County Commissioners,
Collier County FL
(JX:.
~ie'l..,,'Cha tru.n',
.ton-tn- _1-
Title: Fred W. Coyle, Chairman
Date:
1-10-06
~_utoimm
---
. ~nd'f~.jcr.~,:,'
Sign Here ~ W (~<l..
~,
Amendment No, 02 to Agreement No, DG040617 -- Page 2 of 2
16C7
.
EXHIBIT "02"
SUMMARY SCHEDULE OF TASKS AND DELlVERABLES
· A summary deliverable schedule associated with this project is set forth below.
· All deliverables submitted hereunder are subject to review by the District. The Recipient hereby agrees
to provide the District all deliverables, data and information described in the Statement of Work in both
written and electronic four-digit format.
· Payment shall be made following receipt and acceptance by the District of project deliverables in
accordance with the schedule set forth below. Total payment by the District for all work completed
herein shall not exceed the amount of $100.000.00. All payments are subject to District fiscal year
appropriations.
Construction of Manatee Road ASR System
Ex ansion
$100,000.00
Total
Exhibit "OZ" to Agreement No. OGD4D617 -ADZ. Page 1 of 1
MEMORANDUM
Date:
January 11, 2006
To:
Margo Castorena
Domestic Animal Services, Director
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-01
Senior Appreciation Month
Enclosed please one (1) copy of the document referenced above (Agenda
Item #16Dl) as approved by the Board of County Commissioners on
Tuesday, January 10, 2006.
If you have any questions, please call me at 774-8411
Thank you.
Enclosures (1)
1601
.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 0 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
I'rinl on pink paper. ^l1aeh 10 original docul11en!. Origlflal d"clll11en" should he hand dcllverl'd 10 Ihe I{oard Ollïcc 'I he cnl11plcted routing slip and original
docul11ents arc to he Ii>rwarded 10 the I\lIard ()11ïee IInly ant'" the ßllard has taken aelllln on the ilel1l.1
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 #] through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
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 ofthe 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 Margo Castorena Phone Number 530-7387
Contact
Agenda Date Item was ] II 0/06 Agenda Item Number ]601
Approved by the BCC
Type of Document Resolution Z-ðCfo -(j ( Number of Original ]
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initia] the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signedlinitialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BeC on 1/10/06 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
MC
NIA (Not
A licab]e)
2.
3.
4.
5.
6.
MC
MC
MC
MC
MC
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24.05
RESOLUTION NO. 2006 - 01
A RESOLUTION DESIGNATING FEBRUARY 2006 AS DOMESTIC
ANIMAL SERVICES SENIOR APPRECIATION MONTH AND
PROVIDING FOR A $10.00 DISCOUNT FOR THE ADOPTION OF
DOGS AND CATS DURING FEBRUARY.
16D1
WHEREAS, recognizing the significant and vital contribution that our senior
citizens make to this community, the Public Services Division has designated February
2006 as Senior Appreciation month; and
WHEREAS, through the combined efforts of its departments including Parks &
Recreation, Extension Services, Museum, Library, Domestic Animal Services, and
Human Services as well as that of the Collier County Health Department, the Public
Services Division will be focusing on outreach programs for senior citizens, including the
planning and implementation of Collier County's Senior Expo Event to be held on
February 8, 2006; and
WHEREAS, as part of Domestic Animal Services' commitment to participate in
this event and recognize our senior citizens, the Department is offering a $10.00
discount to senior citizens 55 years of age and over who adopt dogs or cats during
February 2006; and
WHEREAS, pursuant to County Ordinance Chapter 14, Article II, Section 14-33,
(a)(3 & 4), the adoption fee for dogs and cats is $20.00. The total adoption cost of
$58.00 for dogs and $48.00 for cats, which includes the spay/neuter fee and license fee,
will be discounted by $10.00 during February 2006.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that February 2006 is
designated as Domestic Animal Services Senior Appreciation Month.
BE IT FURTHER RESOLVED, that in keeping with this designation, Domestic
Animal Services will offer a $10.00 discount of the established fees for adopting dogs
and cats during February 2006.
This Resolution adopted this /j~ day of "JΡ ,JUr~ ((;
, 2006, after
motion, second and majority vote.
ATTEST> ~'I
DWIÇ3:fii E'.' aRQCK, CLERK
"'-, 1.' ' ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
._J
J12
~ . At telst..c't. to Cha 1 run · ,
, <1\1'gnaturt~ ~1 ·
Approveâ 'ag:~lòrm and
legal sufficiency:
~m~
Colleen M. Greérie
Assistant County Attorney
BY:
~w.~
FRJiD W, amE, AIRMAN
Item # tLo D l
Agenda l -lD -do
Date
:è~ l-ll-ch
MEMORANDUM
Date:
January 11, 2006
To:
Barry Williams
Human Services Director
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-02
Enclosed please one (1) copy of the document referenced above (Agenda
Item #16D2) as approved by the Board of County Commissioners on
Tuesday, January 10, 2006.
If you have any questions, please call me at 774-8411
Thank you.
Enclosures (1)
1602
.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Officc. Thc complcted routing slip and original
documents are to be forwarded to the Board Oftìce only after the Board has takcn action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signaturcs, dates, and/or information needed. If thc document is already complete with the
exct:ption oflhe Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of lhe original document pending BCC approval. Normally the primary contact is the person who created'prcpared the executive
summary. Primary contact information is needed in the event one of lhe addressces above, including Sue filson, need to cmtact stall' for additional or missing
information. All original documents needing the BCC Chairman's signature are to be dclivered to the BCC oftìce only after the BeC has acted to approve the
itemJ
Name of Primary Staff Barry Williams Phone Number 774-8442
Contact
Agenda Date Item was 1/10/06 Agenda Item Number ]602
Approved by the BCC
Type of Document Resolution 0d.tJ 2 Number of Original 1
Attached Z. -D Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initia]ed 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 Oftìce and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Oftìce and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licab]e.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC oftìce within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 1/10/06 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a Jicable.
Yes
(In itial)
BW
NIA (Not
A ]icabJe)
2.
3.
4.
5.
6.
BW
BW
BW
BW
BW
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Rcvised 1.26.05, Rcvised 2.24.05
16D2
.
RESOLUTION NO. 2006 -o?
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING THE AFTER- THE-
FACT SUBMITTAL OF A COMMUNITY DEVELOPMENT BLOCK
GRANT APPLICATION FOR EXPANSION OF THE PHYSICIAN LED
ACCESS NETWORK OF COLLIER COUNTY PROJECT
WHEREAS, the United States Department of Housing and Urban Development provides
Community Development Block Grant funding to fund a variety of projects which aid in the
development of viable communities by providing decent housing, a suitable living environment
and expanding economic opportunities, primarily for persons of low and moderate income; and
WHEREAS, the funding in Collier County is administered by the Collier County
Operational Support and Housing Department; and
WHEREAS, the Collier County Human Services Department desires to expand upon the
Physician Led Access Network of Collier County project by requesting FY 2006-2007
Community Development Block Grant funds; and
WHEREAS, in order to meet the application deadline of January 4, 2006, the Collier
County Manager, authorized by CMA #5330, approved and signed the application to be followed
by this after-the-fact approval by the Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners authorizes the after-the-fact submittal of a Community
Development Block Grant Application for expansion of the Physician Led Access Network of
Collier County project.
This Resolution adopted this /¿ ~ day ofJ,JJA ~ '/ 2006, after motion, second and
m.uority vote in favor of adoption.
ATTESÃo'.,:.','·,
D WI GHT;'Er:· BRaCK~ Clerk
,. . .-\.~¡_<: ";:~ , ) < -:AI' .
By: :'" . ,. C.
..: "~tíest, .;.¡. .'~~ 1M11ft' ,
~>~"t"·~t.
Apprové&:às. t~;form-'
and legal sufficiency ~
~~:F;:ý
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLlER.9.}UNTY, FLORIDA _~
By: -ru-L w. ~
JiRID W, aME , Chairm
Item# j(o 1)2
Agenda [-lD d"
Date \...IV
C;.Je l -ll - ç(o
~ReC'd.
; . £~
uty
16D3
'.
MEMORANDUM
DATE:
February 3, 2006
TO:
Kelsey Ward, Contract Administration Manager
Purchasing Department
FROM:
Heidi R. Rockhold
Minutes and Records
RE:
Agreement: "Child Advocacy Agreement"
Contractor: Collier County Child Advocacy Council d/b/a
Child Protection Team
Enclosed please find three (3) originals of the document, as referenced above
(Agenda Item #16D3), approved by the Board of County Commissioners on
November 15, 2005.
Kindly forward the documents to the appropriate parties for their records. The
Finance Department and Minutes & Records Department have their copies.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosures
ROUTED TO:
O~ - P~c- a0393
,L"i ',i- Ur~ RECEIVED:
\i;(Ji~1{ A110RND 16 D 3
200~ jM~ 21 PI'I 4: \ 2
ITEM NO.:
FILE NO.:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
January 10, 2006
To:
From:
Office of the County Attorney
Attention: Robert Zachary
Kelsey Ward, Contract Administration Manager \l~
Purchasing Department, Extension 8949
Support Services Division
Re: Agreement: "Child Advocacy Agreement"
Contractor: Collier County Child Advocacy Council dba Child
Protection Team
BACKGROUND OF REQUEST:
This contract was approved by the BCC on November 15, 2005;
Agenda Item 16(0)3.
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Robert, this is a standard contract with no changes. 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.
cc: Terri Daniels, Human Services
c c...- /2...IVZ--
?--r-t/6
16D3
TO:
MEMORANDUM lbV
Sheree Mediavilla U \ \?~
R;,k M,,,,emem Departmem ~ b '
'~~
FROM:
Kelsey Ward, Contract Administration Manager
Purchasing Department DATE RECEIVED
January 10, 2006 JAN f I 2006
Review of Insurance for: Child Advocacy Agreement RISK MANAGEMENT
Collier County Child Advocacy Council dba Child Protection Team,
Contractor
DATE:
RE:
This Contract was approved by the BCC on November 15, 2005; Agenda Item
16(0)(3).
Please review the Insurance Certificates in this Agreement for the
above-referenced contract behind green tab. If everything is acceptable,
please forward to the County Attorney for further review and approval. Also,
will you advise me when it has been forwarded. Thank you. If you have any
questions, please contact me at extension 8949.
/kw
cc: Terri Daniels, Human Services
16D3
AGREEMENT
THIS AGREEMENT, made and entered into on this 1st day of September, 2005 by and
between Collier County Child Advocacy Council dba Child Protection Team, authorized
to do business in the State of Florida whose business address is 1034 6th Avenue North,
Naples, Florida 34102, hereinafter called the "Contractor" (or "Consultant") and Collier
County, a political subdivision of the State of Florida, Collier County, Naples,
hereinafter call the" County" :
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a one (1) year period,
commencing on September 1, 2005, and terminating on August 31,2006. In the
event that additional grant funding becomes available, The County may, at its
discretion and with the consent of the Consultant, extend the Agreement under
all of the terms and conditions contained in this Agreement for two (2) additional
one (1) year periods. The County shall give the Consultant written notice of the
County's intention to extend the Agreement term not less than ten (10) days
prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Contractor shall provide services in accordance
with the terms and conditions of Attachment" A", hereto attached and made an
integral part of this agreement. Additional related services may be provided by
the Contractor subject to the issuance of Change Orders as approved in advance
by the County. Services provided under this contract may include, but not be
limited to, the following:
a. Improve supervised visitation services, enhance security and expand
visitation center services.
b. Increase the ability for child protection services, courts and domestic
violence agencies.
c. Provide bilingual (English/Spanish) case manager and bilingual
(English/Spanish) visitation monitor for the underserved population as
well as translators for Creole.
d. Expand services to regularly scheduled office hours in Immokalee with
security for supervised visitation and safe exchanges.
3. COMPENSATION. The County shall pay the Contractor for the performance of
this Agreement an estimated total amount of one hundred eighteen thousand
eight hundred dollars, ($118,800) based on the reimbursement of allowable
expenses incurred. Payment will be made upon receipt of a proper invoice and
in compliance with Section 218.70 Florida Statutes, otherwise known as the
16D3
"Florida Prompt Payment Act." Collier County reserves the right to withhold
and/ or reduce an appropriate amount of any payments for work not performed
or for unsatisfactory performance of Contractual requirements.
The County and Department of Justice, Office on Violence Against Women
have agreed that these funds will only be used to fund projects that
demonstrate expertise in the area of family violence, provide a sliding scale
fee for clients, demonstrate adequate security measures, and prescribe
standards and protocols by which supervised visitation or safe exchanges will
occur.
4. NOTICES. All notices from the County to the Contractor shall be deemed duly
served if mailed or faxed to the Contractor at the following address:
Collier County Child Advocacy Council
dba Child Protection Team
1034 6th Avenue North
Naples, Florida 34102
Jacquelyn Stephens, Executive Director
Phone: 239-263-8383
Fax: 239-263-7931
All notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Human Services Department
3301 Tamiami Trail East Bldg. H/211
Naples, Florida 34112
Attn: Barry Williams, Director
Phone: 239-774-8154
Fax: 239-732-2638
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
5, NO PARTNERSHIP. 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.
1603
6. CONDITIONS.
a. Special Conditions: The Contractor agrees to comply with the
requirements set for in the Notice of Grant Award Special Conditions
(Attachment A).
b. Compliance with. Local and Federal Rules, Regulations and Laws:
During the performance of this agreement, the Contractor agrees to
comply with any applicable laws, regulations and orders listed below by
reference and incorporated and made a part hereof. The Contractor
further agrees to abide by all other applicable laws:
1. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI
of the 1984 Civil Rights Act.
11. Age Discrimination Acts of 1973.
111. Executive Order 11914 - Prohibits discrimination with respect to
the handicapped in federally assisted projects.
IV, Florida Chapter 112 - Concerning conflicts of interest.
v. 24 CFR 570, Subpart J - regulations covering standard Grant
Administration Procedures. These replace OMB Circular A-102.
VI. OMB Circular A-122 - Identifies cost principles.
Vll. OMB CFR part 84 - OMB Codified in the Uniform Administrative
Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and Non-Profit Organizations.
7. SUBCONTRACTS. Any work or services subcontracts by the Contractor shall
be specifically by written contract or agreements, and such subcontracts shall be
subject to each provision of this Agreement and applicable County, State, and
Federal guidelines and regulations. Prior to execution by the Contractor of any
subcontract hereunder, such subcontracts must be submitted by the Contractor
to Human Services for its review and approval. Non of the work or services
covered by the Agreement, including but not limited to consultant work or
services, shall be subcontracted by the Contractor or reimbursed by the County
without prior written approval of the Human Services Director or his designee.
8, AMENDMENTS. The County may, at its discretion, amend this Agreement to
conform to changes required by Federal, State, County or DOJ guidelines,
directives, and objectives. Such amendments shall be incorporated by written
amendment as a part of this Agreement and shall be subject to approval of
Collier County. Except as otherwise provided herein, no amendment to this
Agreement shall be binding on either party unless in writing, approved by the
County and signed by each Party's designee.
1603
9. PERMITS: LICENCES: TAXES. In compliance ~ith Section 218.80, F.5., all
permits necessary for the prosecution of the Work shall be obtained by the
Contractor. Payment for all such permits issued by the County shall be
processed internally by the County. All non-County permits necessary for the
prosecution of the Work shall be procured and paid for by the Contractor. The
Contractor shall also be solely responsible for payment of any and all taxes
levied on the Contractor. In addition, the Contractor shall comply with all rules,
regulations and laws of Collier County, the State of Florida, or the U. S.
Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
10. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any
person to use in any manner whatsoever, County facilities for any improper,
immoral or offensive purpose, or for any purpose in violation of any federal,
state, county or municipal ordinance, rule, order or regulation, or of any
governmental rule or regulation now in effect or hereafter enacted or adopted.
In the event of such violation by the Contractor or if the County or its authorized
representative shall deem any conduct on the part of the Contractor to be
objectionable or improper, the County shall have the right to suspend the
contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within
twenty-four (24) hours after receiving notice of such violation, conduct, or
practice, such suspension to continue until the violation is cured. The Contractor
further agrees not to commence operation during the suspension period until the
violation has been corrected to the satisfaction of the County.
11. PROHIBITION OF GIFfS TO COUNTY EMPLOYEES: No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-
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.
12. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the
County may terminate said agreement immediately for cause; further the County
16D3
may terminate this Agreement for convenience with a seven (7) day written
notice. The County shall be sole judge of non-performance.
13. NO DISCRIMINATION. The Contractor agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
a. Equal Employment Opportunity Plan requirements: In accordance with
Federal regulations, and Assurance No.6 in the Standard Assurances, your
organization must comply with the following EEOP requirements set
forth in Attachment A, item 2.
14. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability
and Property Damage Liability, This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability, This shall include: Owned Vehicles, Hired and
Non-Owned Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident.
Special Requirements: Collier County shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified
shall be maintained by Contractor during the duration of this Agreement.
Renewal certificates shall be sent to the County 30 days prior to any
expiration date. There shall be a 30 day notification to the County in the
event of cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same
insurance requirements that he is required to meet. The same Contractor
16D3
shall provide County with certificates of insurance meeting the required
insurance provIsions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law,
the Contractor or Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of Contractor or Consultant or anyone
employed or utilized by the Contractor or Consultant in the performance of
this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on
behalf of the County by the Human Services Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest
and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required hereunder. Contractor further
represents that no persons having any such interest shall be employed to perform
those services.
IS. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the
attached component parts, all of which are as fully a part of the contract as if
herein set out verbatim: Award Special Conditions (Attachment A)
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this agreement is subject to appropriation by the
Board of County Commissioners.
16D3
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:, . ,',. .
Dwight ,E. Brockt ~l~rk of Courts
~~\C]~~l~
(SEAI,.) . ,.'.
Attist 'd'~ thai,.n' 5
signature on 1 V.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
'~ ,Ji w C ~
, Chair:;a
Collier County Child Advocacy Council dba
Child Protection Team
&-lL
By:
/U[I
First Witness
< S: {vl-rJ 1L; 55'( ,v ~ frlL-
tType/ print witness name t
)JJ1f;Ar- C Ilt~
Second Witness
~~('i'I.'I/lf" ~hf'I'1S,
Ty a signature and title I
t::Xi'C L~it' ~
1) ( V'("ckl"
/J1 Alll /4 C;. /J:7e 0;/1'/1
tType/print witness namet
Approved as to form and
]eg,~
/"~
Robert N. Za ary
Assistant County Attorney
Item # UDb3
Agenda ll-l ':J -oS
Date
@
Department of Justice
Office: on Violcocc Against
Women
AWARD CONTINUATION
SHEET
Grant
PROJECT NUMBER 2005-CW-AX-0018
AWARDDAT'E
0912712005
SPECIAL CONDITIONS
20. Grant funds shall be used to support supervised visitation and safe visitation exchange of children by and between
parcnl.<i in situations involving domestic violence, child abuse, sexual assault, or stalking. In accordance with 42 use
10420, the grantee: may not use grant funds to support individual counseling, family counseling, parent education.
support groups or therapeutic supervision. The grantee may not mandate victims to parent education or other program
services.
21. The grantee agR:cs to allocate project funds as designated by the Office On Violence Against Women for allowable
cosa to participate in OVW-sponsored technical assistance. Funds designated for OVW -sponsored technical
assistance may not be used for any other purpose without prior approval ofOVW. Technical assistance includes, but is
not limited to, peer-to.-pcer consultations, focus groups, mentoring site visits, confereoces and worksbops conducted
by OVW-designated technical assistance providers or OVW-<1esignated consultants and contractors.
22. The grantee agrees to submit for OVW rt:view and approval any anticipated addition of, removal of, or change in
collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding, and if
applicable, the Internal Memorandum of Agreement
23. The grantee will provide the Office on Violence Against Women (OVW) with the agenda for any training seminars,
workshops, or conferences not sponsored by OVW that project staff propose to attend using grant funds. The grantee
must receive prior approval from OVW before using OVW grant funds to attend any training, workshops, or
conferences not sponsored by OVW. To request approval. grantees must submit a letter of request to OVW with a
copy of the event's brochure, cuniculum and/or agenda, a descriptioD of the hosts or trainers. and an estimated
breakdown of costs. The letter of request should be submitted to OVW not less than 20 days before registration for the
event is due. Approval to attend non-OVW sponsored programs will be given aD a case by case basis.
24. Approval of this awacd does not indicate approval orany con.sultant rate in excess of$450 per day. A detailed
justification must be submitted to and approved by the QVW Director prior to obligation or expenditure of such funds.
I
I
I~._-
OlP FORM 4OOOf2 (REV. 4-88)
10
16D3
From: Christina Phelps At: Brown & Brown FaxlD: Brown and Brown Inc To: Terri
Date: 119/2006
56 U~2
ACQRD.
CERTIFICATE OF LIABILITY INSURANCE
OP 10 C71 OATE (MMIOOIYWY)
COLLI-6 'I 01/09/06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Brown & Brown, Inc.
P. o. Box 15519
Tampa FL 33684-5519
Phone: 813-226-1300
INSURED
Fax: 813-226-1313
INSURERS AFFORDING COVERAGE
NAIC#
~JSUPER A
Essex Insurance Company
Scottsdale Insurance Co
41297
Collier County Child Advocacy
Council, Inc.
1034 sixth Avenue North
Naples FL 34102
NSlIRERE
i..::bllRf'R '___.--.!.~~_~t cO~~,~y~,:,une.~
1"3U'~Eh ::
1';::;lIFiEh::::
COVERAGES
T: E P'::LI(:ES (F INSU;:(MCE LIS~J 8EL')W H,AV[ OE;:f'l ~SI)EG TO ~HE I~SU;[S NAME[l"'-!JU,.-[ ~')R -.-[ ";Li('; F"F":C' I'.O',:,.:..T[[ l'jO;-VV~H" ~,A,';OiN'~
.\NY PE'::'UIRF.\1E^I' ~::PV1 OR ':CNL~lfI')N 'jF ANi >:,~.TRA;: r ,-,R ;:'THI::;;:"-:-lI~,Il:'.IT ''vIIi-< ;;E"PE,:: r'J '/\iH'> IH"~ :E::-'~"_"If:: '='l: 1Il::' 'F
\-tAT "E'-?T,l.,:N, THE ~JSlPAj\;C": A~F<)ROES 3Y THF P':II,_'I~.~ ;::E3,:::I'Jt:: -fC~;'.IIC; :~:-I',E,-q. A.,,_ l-fF~'r/" F. '<';;'>1:0 ;"\1', -~J:'lll ;~h F -;l":,:"
,-,,-::UC::S i"G-,~,Rf'-"ATf ~'Irs SHC'\'V\' \.1AY -P./~ ::;E:c ; ,,;"'::'IJ' ~.1 c", ":'1" '.\\'~~
L TR IN5RD
TYPE OF INSURANCE
POLICY NUMBER
-'--I"OUCY EFFECTIVE 'I"LlDCY EXPlRATlON
DATE (MMIDDf'IY) DATE IMMIDDf'IY)
B
X ''''Mh''""'I ,;E",E~':'LL'A.I:'II
'~__'" r,~s MAD';;: X
X PROFESSIONAL
_~.J DI~CTO~_______
OPS0041080
07/01/05
07/01/06
LIMITS
I c_,' " ~IY~'=;'I':= ' 300,000
~E:'~!';E~',~~-~":;;~,~"" ,5, O~O
~"_~__T_~__----L~_.
=FC..:.,-" : r 1,000,000
::F':<~:":--~f>-" .__ .-r_~,~_O,~E._
,-cc,'r-;, ,', ~~",lro"~,~,,,. 11,000,000
GENERAL LIASILlTY
B
B
$1,000,0001 10_000 Il.ET
$1,000,000 /2500
!
OElD
07/01/05
07/01/05
07/01/06
07/01/06
:aJl AC-:,,,E>~:: _;r,i1T ;'PeL'E3 ,~'E"
-'.':'
AUTOMOBILE LIABILITY
--,: ~ :C:~, ,':',IJ"
I
i
l'I:,U:I\l'T
-'.~J'l _I IT-
,1C "~'1'
t'L,'.'~"
B
B
X 'I~=:~'
X "f- \11l."'"
OPS0041080
OPS0041080
07/01/05
07/01/05
07/01/06
07/01/06
,"I;
I'
I'
I
ir
.L,-,_
,'-""
r:~
-,'""",1;,'[
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GARAGE LIABILITY
~'::';l 1:~:1i
"'-'\",:,.T'
T".,'
EXCE5S/UMBRELLA LIABILITY '"~~; I'
.,,\'" '.1':'1',,'
WORKERS COMPENSAnON AND
EMPLOYERS' LIABILITY
:: C'_ :C,"'- ,,\-11'_ " _~
I:,~")'"
r: 1.1,. lit'.-I'
O~ER
A Property Section
1CK1348
06/30/05
06/30/06
BLOG #1
BLDG #2
$269,000
$50,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder is additional insured.
CERTIFICATE HOLDER
CANCELLATION
COLLIER SHOULD ANY OF ~E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITIEN
Collier Govermnent --
County Ctr NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
Hwnan Services Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
Barry Williams, Director H/211
3301 Tamiami Trail, Eest B1dg REPRESENTATIVES,
Naples FL 34112 AUTHORIZED REPRESENTATIVE
Christina J. Phelps
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
01/2712006 11:39
7322638
5O:IALSERVICE
PAGE 02104
FP.OM :CHILD I"I<UltLll~ TEAM
FFlX I>IJ. := 263 7'331
Jan. 26 2006 83:~ P21-e-D 3
Pfibli
AJI/rnin~lor.~UftfhJifIa'lV19
P,O. Box "18 . Lotdond, JI. 33l102.a9l1ll . ...............~""'"
1Clepllo.. (116)) 6I""~ or l-Il1(.2B2-75<18' FIX (II6J)6<06-I!lSR
D
loam .nm.""',
w: ""HtlT" KlIIKlrat,. Ie;, OrlJi,.",mJ
GonIlIt: Sou..lef". Pi.. CINmmon
101m D, 1llm..,1m."
Nit Nill:llletl
S. Peo:olT
RWiDl>:
JIIIIUU)' 2(), 200(;"
"'I
Mr. Steve Ki,.ingcr. P'IIlltIICe Director
CI1ild Pl"olection Team
1034 6lb Avenue N.
Napl.." l'L 34102
RE: PRF SIF #S2()-29767
,0_ Mr.lG$iuger:
Your workm' COlIlperLYtiou COvCl'8ge tArough Florida Rtuil Fedeni!ioo Self In.'I\IretI Fund hll5 been "haaged for dIe
foRowing ~(!):
. Emp/ll1en Liability LimiIs
Your Employet'l Liability limitlo have heen cllaoged.
Your estimated pmniurn lII.. been atl'et.ted and tho changes will he m1ccted 0" yOUr _I billing statement.
PI- refer to the ~ium S1IlIIJI\My Statcmen!C,) liar policy periocllUld pn:mium inl"onMrion. If you
bave IIIIY qu..,tiollll .regarding this infunnatiOll. pl_ C(JftIRClllUr Customer Service depenment at 1-aro.212-7648.
Thankyuu,
Summ it Policy Administraritm Dqlartm""t
Rllcl~ure{.)
cc: Lutgert Smith Lesher WUI3Dl:e - 2428
Mr. J"~h P Camber
I'lU' SlF IISZo-29767
I of I
II2Q/06
01/27/2006 11:39
7322638
SlXIALSERVICE
PAGE 03/04
Date Prepa(ed lanuarv 20. 2006
ENDORSEMENT
f"EIN ~9492
Jan. 26 2006 03:49PM P3_
16D3
FROM :QULD ,f'RO"1ECT![J:ol Tm1
FAX I<l. : 23'3 263 7'331
Name of Self blsure.. Fund Flnrida Re.liiLfeJk!Jlion Self IlISJm:m Ftmd
Nlme of MeI1lber Collier Cot.mt\I CIoiJd Adv~ClWICil. Inc.
DBA:Child Protection Team
Addre,s
.1034 6llI Avenue N.
~FL 31mL
Account (Policy) Number 520 - 29767
EfI1:ctive Dale CYt I!n~CIll_ lanuarv I. 2006
INTENT Of" ENDORSEMENT OMlICATll ONI.. y ONE ACI10N PER IlNDORSBMENTl
( ) Name Change
( ) Address CbanlC
( ) DeI<<i"" (Give DiBpoIlit1on)
( ) Addition of Named IrlRured (Give Address)
( ) Addition ofLx:lIlioo (Givc Name)
( X) Other !!!!tolov..... L1abilitv Cove"",. Pitt n
INSTRUCTIONS:
Por cbllllg~, indicate be/ow the name or
address I'ril.11" to endoraemeol. Each item on th.
1.1\ IDUSl ton"e8pond with an ib:m on the right.
Bodily Injury by Accident $100.000 each accidl!Dt
Bodily Injury by DisCllllle Sloo,ooo each empl~e
Bodily Injury by Disease $500,000 pnlicy limit
IndiCllll: below the new D8lIle or address after
the c!lange or the lI8IIle and add= of an
addition 0< doleIion. For dclCliOll.... give
dispo~itioa.
Bodily Injury by ^ocid<rtt S 1,000.000 each accident
,Bodily Injury by Dis_ $1,000,000 each employee
BooBy Injury by Disca.'le Sl,ooo,OOO pnHcy Umit
cdr
Cl:: Child Ptotection Team
Lutgert SnIitll Le.h.,.. Ipsutonce
~1/27/2~~6 11:39
7322638
SOCIALSERVlCE
PAGE ~4/~4
FROM : CHILD PROTEC1IC1'l ~
F~ t-lJ. : 23'3 263 7931
Jan. 26 2906 03: 50P~2~._.._._ ~
CARRIER: Florida Rerail FaI",.tion Self 1ID= Fund
P.O, Box 988
LaJceland, FL 33802-0988 (863)6M-6060
AGENt."'V: LJrsen Smith L.eaher Insurance- 2428
16D3
FLo.RIDA
Toam 09
PHONE NUMBER: (239)262-7171
Page 1 of I
FilTIMA TED PREMIuM SllMMARv STATEMENT
Form DO. Wc 99 04 07 (4103)
CLIENT:
Child Prolection Team
1034 6th Avenue N.
Naples, FL 34.102
Client Nmnber; 520 29767 lllXJO
Policy Period: ]101106 - 11O]/IYl
PIIm: 010
]2:01 am
WORK
CODE CLASSIFICATION
nlO CLERTCALNOCIORAPrSMEN
98]2 lNCRI!ASED B.L. 10001100011000
RATING PERIOD 110]/06
10 1/01107
PAYROLL
490,000.00
.00
PRo.
RATA
1.000
.000
RATE
.58
1,.40
PRIWrUM
2,842.00
.00
Tuta] Manual Pr:emium
Increased Employer Uability
Incrd Empl Liab IMin Prem &1
2,842.00
39.79
35.21
2,917.00
.00
2,917.00
--~,
2.771.15
200.00
147.00
3.]18.15
100.00
---
3.218.15
3,218.15
Doug Free Woltpiac. CredIt
I'lxperienc. Mod
Standard Premiurn
Expenttl ConRlant
T.rrorism - Cenificd Acts
"Plus I'RF IMembersbil' Dues
Policy Grand TGtat
Min.iJmuu Pmnium: $244.00 TOTAL PREMroM IS SHOWN ON THE LA.'iT PAGE
OF THE PIlEMIVM SlIMMARv STATEMENT
'l'Il.F llUy -.. Up to SO$ of yoor....lDI>ctsbip _... __ ..I'RF. Section 52'7_ "'R_., Pun...,..
.....it.ion. of IRe lfi2r.) qWlnB!De dodlloliblJ;oy oflubl>y;aS UpoIoeo, -t-d.....~ or sift>.. III. PI...... R''''i1
Fedan.,...... O"'_dbJe Jbr PedcraJ /""""" Tox _ (l~ of_........ __ '" -._ _Idlhy;nl~
,doIFWRIDA
DIl.(i:~: 1/2006
Tlme~ 09:02:26
MON
16E3
.
MEMORANDUM
Date:
January 20, 2006
To:
Michael Dowling, Property Management Specialist
Real Estate Services
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Lease Agreement
Mayflower Congregational United Church of Christ
Incorporated and Collier County
Attached, please find one copy of the document referenced above (Agenda
Item #16E3), as approved by the Board of County Commissioners on
Tuesday, January 10, 2006.
The original document is being retained for the record.
If you should have any questions, please call me at 774-8411.
Thank you.
Attachment(l )
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E 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
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(LISl in routing order)
1. ..____________
2. ------------
----- i-..
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
lntorm<ìtion. 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
Hem.)
Name l)f Primmy Slaff
Contact
Agenda Date [tern was
A roved by the BCC
Type of Document
Attached
Phone Number
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Number of Original
Documents Attached
/
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Aoolicable)
l. Original documcnt has been signedlinitialed for legal sufficiency. (AI1 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 ful1y executed by al1 parties except the BCC fv1L:t-
Chairman and Clerk to the Board and possibly State Officials.)
2. AI1 handwritten strike-through and revisions have been initialed by the County Attorney's rì,..··''':6
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 ofBCC approval of the Iq~
document or the final negotiated contract date whichever is applicab]e.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's rVl~})-
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 Tal1ahassee within a certain r~
time frame or the BCe's actions are nul1ified. Be aware of your deadlines! t.~. "
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
WWS Üngll1al 9.01.04
License #
16£3
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License"), entered into this 9th day of September, 2005, between
Mayflower Congregational United Church of Christ Incorporated, a Florida Non-Profit Corporation,
whose mailing address is 2900 County Barn Road, Naples, Florida 34112, ("LICENSOR"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami
Trail, Naples, Florida 34112 ("LICENSEE").
WITNESSETH
In consideration of the mutual covenants contained herein the parties agree as follows:
ARTICLE I.
Demised Premises
LICENSOR hereby Licenses to LICENSEE and LICENSEE hereby Licenses from LICENSOR the
property described in Exhibit "A" which is attached and made a part of this License, hereinafter referred
to as the "Demised Premises," for the sole purpose of utilizing fifty vehicle parking spaces for parking of
LICENSEE'S employees' personal vehicles.
LICENSEE shall not be allowed to store or temporarily park any oversized vehicles at the
Demised Premises at any time throughout the term of this License or any renewals thereto.
LICENSEE shall not be allowed to park any vehicles overnight or throughout the day or night on
Saturdays and Sundays.
LICENSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or
any part thereof to be used or occupied for any purpose other than the lawful parking of motor vehicles.
LICENSEE shall always refrain from any use of the Demised Premises that interferes with or adversely
affects the operation of LICENSOR'S activities at LICENSOR'S facilities.
ARTICLE 2, Term
LICENSEE shall have and hold the Demised Premises for a term of two (2) years to commence
upon a date in which LICENSEE provides written notice to LICENSOR of LICENSEE'S anticipated
utilization of the Demised Premises.
LICENSEE is granted one (1) option, provided it is not then in material default of any of the terms
of this License, to renew this License for an additional one (1) year term, under the terms and conditions
as provided herein by providing LICENSOR with a 60 day written notice to the address set forth in Article
11 of this License.
LICENSEE can terminate this LICENSE at any time by giving LICENSOR at least thirty (30)
days' advance written notice of LICENSEE'S intent to terminate.
ARTICLE 3.
Rent and Obligations of PARTIES
LICENSEE hereby covenants and agrees to pay as rent for the Demised Premises One Thousand
Two Hundred Dollars ($1,200.00) per month beginning on the commencement date as provided for in
Article 2 of this License.
ARTICLE 4.
Modifications to Demised Premises
LICENSEE shall not be permitted to make any changes, alterations, additions or improvements to
the Demised Premises, nor shall LICENSEE be permitted to install any signage on the Demised Premises
unless so approved by LICENSOR.
ARTICLE 5.
Access to Demised Premises
16£3
.
LICENSOR, its duly authorized agents, representatives and employees, shall have the right
without any notice to LICENSEE, to enter into and upon the Demised Premises or any part thereof at all
hours for the purpose of examining same and making repairs or janitorial service therein, and for the
purposes of inspection for compliance with provisions of this License.
ARTICLE 6.
Assignment and Subletting
LICENSEE shall not assign this License of License, not sublet the whole or any part thereof, nor
permit any other persons, other than another County agency, to use same for parking of motor vehicles or
any other use without the prior expressed written consent of LICENSOR to do so. Any such assignment
or subletting, even with the consent of LICENSOR, shall not relieve LICENSEE from its obligations
under this License.
ARTICLE 7.
Indemnity and Insurance
The LICENSEE will, at all times, carry comprehensive general liability insurance in an amount not
less than the sum of One Hundred Thousand Dollars and 00/100 Cents ($100,000.00) single occurrence,
Two Hundred Thousand Dollars and 00/100 Cents ($200,000) aggregate. The cost of all such premiums
on all such policies shall be paid and borne by the LICENSEE.
ARTICLE 8.
Maintenance
LICENSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If
said Demised Premises are not kept clean in the opinion of LICENSOR, LICENSEE will be so advised in
writing. If corrective action is not taken within fifteen (15) days of the receipt of such notice, LICENSOR
may cause the same to be cleaned and LICENSEE shall assume and pay all necessary cleaning costs, and
such costs shall constitute rent which shall be paid by LICENSEE within thirty (30) days of receipt of
written notice of costs incurred by LICENSOR.
ARTICLE 9.
Default bv LICENSEE
Failure of LICENSEE to comply with any provision or covenant of this License shall constitute a
default and LICENSOR may, at LICENSOR'S option, terminate this License after thirty (30) days written
notice to LICENSEE, unless the default can be cured within that notice period (or such additional time as
is reasonably required to correct such default),
ARTICLE 10. Default bv LICENSOR
LICENSOR shall in no event be charged with default in the performance of any of its obligations
hereunder unless and until LICENSOR shall have failed to perform such obligations within sixty (60)
days (or such additional time as is reasonably required to correct such default) after written notice from
LICENSEE to LICENSOR properly specifying wherein LICENSOR has failed to perform any such
obligation(s).
The failure of either party to insist upon strict adherence to any single term of this License on one
or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist
upon strict adherence to that term or any other term of this License.
ARTICLE 11. Notices
Any notice which LICENSOR or LICENSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LICENSEE:
Board of County Commissioners
c/o Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
LICENSOR:
Mayflower Congregational United Church of Christ
2900 County Barn Road
Naples, Florida 34112
Attention: Church Secretary
cc: Office of the County Attorney
Facilities Management Director
2
Surrender of Premises
16£3
ARTICLE 12.
LICENSEE covenants and agrees to deliver up and surrender to LICENSOR possession of the Demised
Premises upon expiration of this License, or its earlier termination, broom clean and in as good condition and
repair as the same shall be at the commencement of the term of this License or may have been put by
LICENSOR or LICENSEE during the continuance thereof, excepting ordinary wear and tear.
ARTICLE 13.
General Provisions
LICENSEE understands that the police and law enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that provided to any other business or agency
situated in Collier County, and LICENSEE acknowledges that any special security measures deemed necessary
for additional protection of the Demised Premises shall be the sole responsibility and cost of LICENSEE and
shall involve no cost or expense to LICENSOR.
ARTICLE 14.
Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional information regarding radon
and radon testing may be obtained from your County Public Health Department.
ARTICLE 15.
Effecti ve Date
This License Agreement shall become effective upon execution by both LICENSOR and LICENSEE.
ARTICLE 16.
Governing Law
This License Agreement shall be governed and construed in accordance with the laws of the State of
Florida.
ARTICLE 17.
No Third Party Beneficiaries
This License does not create and shall not be construed as creating any rights enforceable by any
person not a party to this License.
ARTICLE 18.
Severabili ty
If any provision of this License is determined invalid, unenforceable or illegal for any reason, the
remainder of this License shall remain in full force and effect, and if any provision is inapplicable to any
person or circumstance, it shall nevertheless remain applicable to all other person and circumstances.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LICENSEE:
DATED: -.:ÎA J 0--4 c '1 )0,.,2 06 ip BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BR.G}CK,-Clerk
B
uty Øh~rl<:: j..:. - i
........ , t··, .',' ..
AttâU' as ..to > >~.1... "
.1onìt...'"dri). .:;:!
/p . >
¡/f2
BY: ~W. ~
FRED W. COYLE, Chairma
3
AS TO THE LICENSOR:
C¡(trJ o:~
DATED:
Corporat Secretary
N\t' e U-A- e.C IY\Að
16£3
MA YFLOWER CONGREGATIONAL CHURCH OF CHRIST
INCORPORATED, a Florida Non-Profit Corporation
BY: ß~4../..fff'~
Director President
¿') FA' #/VA" C /'h.4'(éJU/
(print name)
Approved as to fonn anw;:::y:
~ ~ 1/-IY-P1/'
) 6\A-
Thomas C. Palmer, Assistant County Attorney
4
Item #
Agenda
Date
o.t~
Rec'd
Deputy Clerk
e )( M.: b;, 'A·
16E3
Mayflower Congregational ChlJrc-h--- -
6u.~cr~c:r
Sû pa. r- (. ,- N a- S f 0.. Co t!!. ~
MEMORANDUM
Date:
January 20, 2006
To:
Michael Dowling, Property Management Specialist
Real Estate Services
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Lease Agreement
Overseas Development Corporation d/b/a Roger Carvallo
And Collier County
Attached, please find one copy of the document referenced above (Agenda
Item #16E4), as approved by the Board of County Commissioners on
Tuesday, January 10,2006.
The original document is being retained for the record.
If you should have any questions, please call me at 774-8411.
Thank you.
Attachment( 1)
16E4
.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 E 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor 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 routinu order)
1
~
--------
2. --- -
--~--
----------
.._----------~-----.- -
-----
3. . ------ .-'--...- ._-'.... ..---.-. ",
4. ..,,-_._"._,--,~._.-
------
5. Sue Filson, Executive Manager Board of County Commissioners -
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending 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 \ Phone Number
/))1 C)/ ~I(.:. V) ..~- ) V -;.l
Contact C (l (.~ /. ~oG) (J ..l
Agenda Dale Item was Agenda Item Number /! (., Y
Approved by the Bee ",J.L( ". ( .J ,] ..:.,) u 0 Ge' E
Type of Document /~i (" ,-,"" Number of Original
Attached .( t',)1 ~ ( t:" ../1:1 ( Documents Attached I
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Aoolicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etl'. 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 f. I
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 exceot 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 tinal negotiated contract date whichever is applicable. h. i~:Y
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. h;-:~
S 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!
INSTRUCTIONS & CHECKLIST
I: Formsl County Formsl BCC Formsl Original Documents Routing Slip
WWS Original 9.03.04
16E4
Lease #
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this / -0'7'day of JJeccA- h<',-, 2005, between
Overseas Development Corporation, a/k/a Roger Carvallo, whose mailing address is P.O. Box 7714,
Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida
34112, hereinafter referred as "LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE 1.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR, 900 square feet of
finished office space, more specifically known as Unit C 101 & 102, Court Plaza ill, located at 2671
Airport Road, Naples, Florida 34112, hereinafter referred to as the "Demised Premises," for the sole
purpose of operating a government office.
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premises for a term of two (2) years beginning January
15,2006, and ending January 14, 2008, hereinafter referred to as the 'Initial Term.'
LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to
renew same for an additional one (1) year following the Initial Term under the terms and conditions as
provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than
thirty (30) days prior to the expirations of the leasehold estate hereby created. Said notice period shall
commence upon placement of the written notice in an official depository of the United States Post
Office, Registered or Certified Mail, Postage Prepaid.
LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon thirty
(30) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 12 of
this Lease. Said notice period shall be effective upon placement of the written notice in an official
depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Nine
Thousand Dollars ($9,000.00) for the first year of the Lease to be paid in equal monthly installments of
Seven Hundred Fifty Dollars ($750.00) each.
All rental payments shall be due payable in advance on the first day of every calendar month
during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the
month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the
number of rental days of such fractional month.
Following the first full year of occupancy, the annual rent shall be increased by five percent from
the previous year and shall be increased by fi ve percent, compounded, each year throughout the Lease.
ARTICLE 4.
Other Expenses and Charges
In addition to monthly rent, LESSEE shall pay Common Area Maintenance ('CAM') charges in
the amount of Three Hundred and Twelve Dollars ($312.00) per month for the first full year of the Initial
Term.
CAM reflects the actual operating costs of LESSOR'S operation of the Demised Premises. If
CAM should be increased, LESSOR shall notify LESSEE, in writing, of any CAM increase on or before
January 31 of each renewal year throughout the life of the Lease. Any increase in CAM shall not be
increased more than five percent from the previous year's amount
16E4
.
LESSEE shall provide and pay for all janitorial services, pest control, charges for electricity,
telephone service, air-conditioning system maintenance and filter replacement and light bulbs pertaining
to the Demised Premises. LESSOR shall be responsible for all building repairs and maintenance
including repair and replacement of air-conditioning systems, plumbing and electrical.
LESSEE is allowed to use, without additional charges, those Common Areas in and around the
building. Common Area shall mean those areas and improvements for the common use and enjoyment
of the LESSOR, LESSEE and their respective employees, agents, independent contractors, invitees,
guests and licensees; such Common Area includes, but is not limited to, parking areas, lighting facilities,
utility lines, sidewalks, access roads, ramps, roof space, rest rooms and any areas which LESSOR
provides for the common or joint use to tenants ofthe Demised Premises. LESSOR shall pay all charges
relating to the Operating Costs of the building and property. Operating Costs shall mean the costs of
operating, managing and maintaining the Common Area, including costs of insurance paid by LESSOR,
all taxes, fees and assessments, including special assessments, imposed upon the Demised Premises,
expenses associated with major equipment, component repair and/or maintenance of the Demised
Premises (interior and exterior) and other expenses which relate to the entire Demised Premises.
ARTICLE 5.
Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises,
LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or
additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and
extent of the desired alteration, improvement, change, or addition, along with the contemplated starting
and completion time for such project. LESSOR or its designee will then have sixty (60) days within
which to approve or deny in writing said request for changes, improvements, alterations or additions.
LESSOR shall not unreasonably withhold its consent to required or appropriate alterations,
improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no
response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as
an approval to such request of LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws,
ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County
of Collier, and any and all governmental agencies.
All alterations, improvements, and additions to said Demised Premises shall at once, when made
or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to
the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if
LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures
and installations which were placed in, on or upon the Demised Premises by LESSEE and which are
designated in said notice, and repair any damage occasioned to the Demised Premises by such removal
and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any
part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any
public authority.
ARTICLE 6.
Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right after
reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all
reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and
for the purposes of inspection for compliance with the provisions of this Lease Agreement.
ARTICLE 7,
Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises, or to permit any other persons to occupy same without the written consent of
LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve
LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep
and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any
other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent
to the assignment of this Lease or subletting of the ~emiSed Premises. ~
ARTICLE 8.
Insurance
16E4
.
The LESSEE will at all times carry comprehensive general liability insurance in an amount not
less that the sum of $1,000,000.00 single occurrence, $1,000,000.00 aggregate. The cost of all such
premiums on all such policies shall be paid and borne by the LESSEE, and the certificate of such
insurance thereof shall be filed with the LESSOR.
ARTICLE 9.
Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said
Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised
in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR
will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary
cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within
thirty (30) days of receipt of written notice of costs incurred by LESSOR.
ARTICLE 10.
Default bv Lessee
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default, LESSOR may, at its option, terminate this Lease after sixty (60) days written notice to LESSEE,
unless the default be cured within the notice period (or such additional time as is reasonably required to
correct such default).
ARTICLE 11.
Default by Lessor
LESSOR shall in no event be charged with default in the performance of any of its obligations
hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90)
days (or such additional time as is reasonably required to correct such default) after notice to LESSOR
by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 12.
Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LESSEE:
Board of County Commissioners
c/o Real Estate Services
W. Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
LESSOR:
Mr. Roger Carvallo
c/o Sun Real Estate
P.O. Box 7714
Naples, Florida 34101
cc: Office of the County Attorney
ARTICLE 13.
Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised
Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as
good condition and repair as the same shall be at the commencement of the term of this Lease or may have
been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire
or the elements beyond LESSEE'S control excepted.
ARTICLE 14.
General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that provided to any other business or agency
situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary
for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and
shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised
Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard
operations where other operations share common facilities.
3
ARTICLE 15. Radon Gas
16E4
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional information regarding radon
and radon testing may be obtained from Collier County Public Health Unit.
ARTICLE 16. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 17. Governing Law
This Lease Agreement shall be governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSEE:
10) .;;) DC i.+'
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
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BY:~E(~.M:CO~<
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Assistant County Attorney
Item #
Agenda
Date
Q.;,J,e
Rec'd
Deputy Clerk
4
16112A 1
Clerk of the Circuit Court
Collier County, Florida
Finance & Accounting Department
MEMORANDUM
Date: 11/25/05
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 November 19, 2005 through November 25,2005.
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.
Mi§ç, Correa:
Date: I / J 0/ tJ/p
Item #:l1D 1 «A
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16112A 2
,
.
.
Clerk of the Circuit Court
Collier County, Florida
Finance & Accounting Department
MEMORANDUM
Date:
To:
12/02/05
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 November 26,2005 through December 02,2005.
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.
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AP Line Item Report for Payroll Operations Mgr.
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VILA & SON LANDSCAPE CORP
APAC
GULF COAST LANDFILL
BRADANNA INC
DIVERSIFIED DRILLING CORPORATION
CLERK OF COURTS
DON HUNTER SHERIFF
DWIGHT E BROCK CLERK OF COURTS
MITCHELL & STARK CONSTRUCTION CO
CDWG
CDWG
COMPSERV INC
AIM ENGINEERING & SURVEYING INC
Fifth Third Bank
GREELEY & HANSEN LLC
BANK OF NEW YORK CORPORATE TRUST
COLLIER COUNTY SHERIFFS OFFICE
DWIGHT E BROCK CLERK OF COURTS
JOHNSON CONTROLS INC
WAYNE WILES CARPETS INC
CDWG
FLORIDA ASSOCIATION OF COUNTIES
JENNIFER EDWARDS,
CITY OF NAPLES
US BANK TRUST, N.A.
CAMP DRESSER & MCKEE INC
COMMUNICATIONS INTERNATIONAL INC
COMMUNICATIONS INTERNATIONAL INC
ECONOMIC DEVELOPMENT COUNCIL
MIDWEST TITLE GUARANTEE
WASTE MANAGEMENT INC
CDWG
WASTE MANAGEMENT
SOFTWARE HOUSE INTERNATIONAL
WILSON MILLER INC
CAMP DRESSER & MCKEE
DISTRICT TWENTY MEDICAL EXAMINER
SPILLIS CANDELA & PARTNERS INC
SURETY CONSTRUCTION COMPANY
SPILLIS CANDELA
WALKER PARKING CONSULTANTS
SUNCOAST SCHOOLS
NATIONWIDE RETIREMENT SOLUTIONS
ICMA RETIREMENT TRUST - 457
79,323.66
1,863,010.24
57,127.48
72,325.80
254,496.96
11.00
7,852.80
16,063.90
3,500.00
570.00
4,589.61
33,582.00
59,801.81
837,295.28
9,560.25
1,895,520.00
11,195,534.00
332,147.72
7,202.00
1,618.00
1,867.99
1,805,703.39
174,715.90
9,000.00
1,968,758.88
31,030.36
99.00
407.50
12,891.76
11,727.00
27,671.19
1,726.98
2,169.48
4,880.00
1,656.50
417,783.10
34,000.83
10,288.87
1,692.00
83,088.00
11,508.00
146,814.03
47,876.80
32,571.86
11/28/2005
11/28/2005
11/28/2005
11/28/2005
11/29/2005
11/29/2005
11/29/2005
11/29/2005
11/29/2005
11/29/2005
11/29/2005
11/29/2005
11/30/2005
12/01/2005
12/01/2005
12/01/2005
12/01/2005
12/01/2005
12/01/2005
12/01/2005
12/01/2005
12/01/2005
12/01/2005
12/01/2005
12/01/2005
12/02/2005
12/02/2005
12/02/2005
12/02/2005
12/02/2005
12/02/2005
12/02/2005
12/02/2005
12/02/2005
12/02/2005
12/02/2005
11/30/2005
11/30/2005
11/30/2005
11/30/2005
11/30/2005
12/01/2005
12/01/2005
12/01/2005
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161128 1
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MEMORANDUM
Misc. Correspondence Agenda
Date
Agenda Item #
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
FROM:
Derek Johnssen, General Accounting Manager
Clerk of the Circuit Court/Finance Department
DATE:
RE:
December 6, 2005
Miscellaneous Correspondence - BCC Agenda
Please place the following item on the next available BCC agenda and call me at extension 8350 with
the date and Miscellaneous Correspondence agenda item number.
Port of the Islands Community Improvement District
1. Port of the Islands Community Improvement District has submitted the following item:
a. Minutes of Meeting held September 23, 2005.
Thank you
:\special\special
MisC. Corr(ls:
Date: 1/10/ Dh
. /
Item#: I~I &. B(I)
Copies to:
16112[3..1
Port of the Islands
Community Improvement District
210 N. University Dr., Suite 802 - Coral Springs - Florida 33071
(954) 753-0380 ~ (954) 753-6183 fax
December 1, 2005
Memorandum To:
Tim Stephens
Port of the Islands C.LD.
12600 Union Road
Naples, Florida 34114
Reference:
Minutes of Meeting held September 23, 2005 and Approved
October 28, 2005
From:
Edward Goscicki
Manager
Enclosed for your records, is a copy of the minutes of the above-referenced meeting of the Port of
the Islands Community Improvement District's Board of Supervisors. Please make this
document available to the public during normal business hours.
If you have any questions, please call Janice Swade at (954) 753-0380.
Cc: For information purposes only:
Clerk of the Circuit Court
c/o Derrick Johnssen
2671 Airport Road, Court Plaza III
P.O. Box 413016
Naples, Florida 34112-3016
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Jim Mudd
Collier County Manager
Governmental Center
3301 East Tamiami Trail
Administration Building
Naples, Florida 34112
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161128 1
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MINUTES OF MEETING
PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT
The regular meeting of the Board of Supervisors of Port of the Islands Community
Improvement District was held on Friday, September 23,2005 at 10:00 a.m. at the Egret Room,
25000 Tamiami Trail, Naples, Florida.
Present and constituting a quorum were:
Richard Gatti
Dale Lambert
Norine Dillon
Richard Ziko
Ted Bissell
Chairman
Vice Chairman
Assistant Secretary
Assistant Secretary
Assistant Secretary (via telephone)
Also present were:
Ed Goscicki
Dan Cox
Ron Benson
Bob Dick
Chief Wilson
Tom Mack
Christopher Shucart
Marlene Marchand
Gary Beaumont
Mark Kalmanack
Numerous Residents
Manager
Attorney
Engineer
Severn Trent Services
Collier County Fire District
Staff
POI Hotel and Marina
POI RV Park
FCI Homes
FIRST ORDER OF BUSINESS Roll Call
Mr. Goscicki called the meeting to order and called the roll.
Mr. Goscicki stated for the record, Mr. Bissell was willing to participate by telephone,
but due to technical difficulties we are presently unable to dial him in.
Mr. Gatti stated before we get involved with the rest of the agenda, Chief Wilson is in
attendance as well as two residents who have concerns with private property. With the Board's
permission, we should address these items first.
THIRD ORDER OF BUSINESS Discussion Items
B. Open Items
Mr. Mack stated Chief Wilson is in attendance to address the fIre station issue and
discuss what is involved and where we stand.
16 , 128 1
..t.. ".
September 23,2005
Port of the Islands C.LD.
Chief Wilson stated I believe you are working with 1 ~ acres of property on the north
side to build a fire station. We discussed building a temporary station at one point, due to the
fact that it may be two to three years before we accumulate enough funds to build a station. I
believe we are going to see enough income to move forward on this project with monies from
this past budget and next year's budget. I would rather spend the money on a site development
plan process, rather than a temporary station, which cannot start until we do the paperwork
required by the County to obtain the properties and move forward with the project of getting the
station built.
Mr. Gatti asked once we obtain the properties can we discuss a development plan to
design a building?
Chief Wilson responded you have to do a site development plan in order to go through
the permit process, once we own the property.
Mr Gatti asked before we do the site development plan, do we have to own the land?
Chief Wilson responded that is correct.
Mr. Lambert asked do you or the County have to own the property or can we own it with
some type of long-term lease agreement?
Chief Wilson responded the station on Route 41 was donated to us by individuals who
lived adjacent to the property. They added a covenant in the deed that if the property was
abandoned or no longer used as a fire station, the property will revert back to the original owner.
Mr. Lambert stated there has been discussion of building a training tower in the Naples
area.
Chief Wilson stated that will not happen here.
Mr. Lambert asked how can you be sure?
Chief Wilson responded you can include covenants and restrictions in the title instrument
citing specifications of what can and cannot be done, as long as they are willing to accept those
restrictions, even if it is a right to revert to the owner if the property is abandoned or used for
some purpose other than a fire station. Those details can be worked out as we move forward.
There are also two alternate properties which we are looking at, the one we spoke about north of
Route 41 and one located just south of Route 41. I am meeting with the appraiser on Monday to
give him final details on exactly which properties we are looking at, and he is going to look at
those properties. It is probably going to take five weeks to get the appraisal worked on. From
there, it is a matter of choosing the property and the Board allocating the money, which should
2
161128 1
September 23,2005
Port of the Islands C.LD.
be accomplished by year-end. We may be able to ask the property owners to sign the application
in order to get the County's permission to move forward on the site development plan process.
Ms. Dillon stated the sooner we get started on the site plan, the better off we will be in
the long term.
Mr. Mack stated we will incur site development plan costs for the station. Once we go
through the Board and they accept either lease or ownership of the property, I develop a project
number and start putting funds where they are supposed to be, and we will hire someone to
handle the entire permitting process.
Mr. Gatti stated if we make a commitment to follow this process subject to Board and
County Commission approval, you can commence the development process. We can summarize
this by saying we are critically interested in the project, and take the necessary steps to
implement it. If you can start the process at your end, we will make the necessary commitments
subject to the Board's approval. I understood there was a station preempting this on Route 75
and Route 29. What is the status?
Chief Wilson responded nothing will ever preempt this station, as it is apriority.
However, we are in the process of trying to build a station at 1-75. Those two stations are our
highest priorities. This has become a sore subject with the DOT. They are going to offer 12
state troopers 12 patrol cars, at a cost to them between $750,000 and $1 million per annum. We
believe if the DOT can afford this, they should be able to come up with funds to build this
station.
Mr. Lambert asked is I ~ acres sufficient for this project?
Chief Wilson responded the floor plan we propose will be sufficient for the next 20 years.
Mr. Ziko asked do they have basic plans for this, or is every aspect drawn up for the
entire property?
Chief Wilson responded when we originally looked at the property, Mr. Benson imposed
the big corkscrew fire station being built at Everglades over the property, which looked nice.
However, I am not an architect and cannot tell you if it is possible to do this and update it to our
design and charge a small fee, or if we have to start completely over.
Mr. Ziko asked will this shorten the time period considerably?
Chief Wilson responded it is possible. If we go with more of the prefab building which
we were discussing, it reduces the project cost, makes it functional and gives us time over the
3
September 23,2005
161128 1
Port of the Islands C.I.D.
next couple of years after the station is up to hard coat the exterior and make it look as nice as
the rest of the buildings in this area.
Mr. Gatti asked will the Board or Architectural Review Committee have an opportunity
to comment or give direction as to the aesthetics of the station?
Chief Wilson responded I cannot answer this question right now.
Ms. Dillon asked can the CID own the property and lease it to the fire station or does the
fire station or Collier County have to own the property?
Mr. Cox responded you own all the properties which have stations, but the possibility of
the property being reverted to the original owner if used for another purpose exists.
Ms. Dillon asked does it matter if it is donated to the County or CID?
Mr. Cox responded I do not believe this question was ever asked before, and I am not
sure how we are going to get an answer.
Ms. Dillon stated it may make a difference to the person donating the property.
Mr. Cox stated as this process moves forward, we can work this out with the County
Commission.
Mr. Ziko asked is obtaining ownership ofthe land the first part of the process?
Mr. Cox responded we can have the land donated to us. However, if it ultimately must
go to the fire district, we will donate it to them, or we can retain ownership of the land, if
possible.
Mr. Gatti asked will approval to proceed on the basis of the Board making a commitment
as necessary in order to commence the development plan give you enough direction to get this
started?
Chief Wilson responded I will take it forward and see what can be done.
Mr. Goscicki asked will you get back to Mr. Mack on the status if you cannot attend the
next meeting?
Chief Wilson responded you know Clair quite well. If possible, clarify with him what
needs to be done.
Mr. Gatti stated we should speak to him together SInce you are not subject to the
Sunshine Law.
Mr. Cox stated either way of the ownership issue is acceptable because we are a local
government, as well as the Chief's district and County. Therefore, we can enter an interlocal
agreement where we provide the property, and they provide the building and personnel.
4
161128 1
September 23,2005 Port of the Islands C.I.D.
Mr. Gatti stated we should make a decision. Chief Wilson should follow the direction we
discussed, and we will make the necessary commitment you need from us to move forward.
Mr. Shucart asked what was the zoning of the north property?
Mr. Cox responded RT.
Mr. Shucart asked will it have to go through rezoning?
Mr. Cox responded I am not sure whether or not the public facility has a conditional use
in the RT.
.,~
Mr. Gatti stated public facilities can sometimes circumvent the zoning process.
Mr. Cox stated in some land use categories there are conditional uses or special
exceptions, which are traditionally considered to be compatible with underlying zoning laws, but
may require additional buffering.
Mr. Shucart asked what property was a preference from a functionality standpoint, the
south or north property?
Chief Wilson responded the functionality of either property will work for us.
Unfortunately, I cannot justify spending $20,000 for the south side.
Mr. Cox stated we will see what the numbers are when the property appraisals come
back.
Mr. Gatti asked do we need a motion other than the direction we are giving Chief
Wilson?
Mr. Goscicki responded a motion is not necessary since the Board is not taking formal
action.
Ms. Marchand asked since I had to leave for a few minutes, what transpired at the
beginning of the meeting?
Mr. Goscicki responded this was the first item on the agenda.
Mr. Gatti stated there are a couple of residents in attendance involved in personal
property. Neither the Board nor the CID have jurisdiction in these matters, since they meet
County requirements.
Ms. Dillon asked are you referring to the home being built into the swale?
Mr. Gatti responded there are two. One is encroaching into the dense 10' setback
required by our covenants, but not the County. The other one is a separate building from the
primary residence which is not allowed by our covenant, but meets the County requirements. Do
we have jurisdiction?
5
September 23, 2005
r! ~Jst~.?D 1
Mr. Cox responded legislature amended Chapter 190 approximately one year ago to give
you standing to enforce restrictive covenants in circuit court, which I do not agree with. I do not
believe the Board should get involved in these issues. Are the improvements being made within
our drainage easement?
Mr. Gatti responded no.
Mr. Cox stated if your drainage facilities are impacted, you clearly have the right to
object to this.
Mr. Gatti asked are you referring to the one where the large building is located?
Mr. Benson responded I am not sure which properties you are referring to. We discussed
a property last month, in which dirt was placed in our drainage swale.
Mr. Gatti stated we are not referring to that property. There may be a minor impact on
the swale, which is within our jurisdiction. However, I will describe each property. One
property encroaches into the side yard setback by 1', giving them 9' instead of 10'. The other
property also encroaches in the 10' side yard. In addition, they are erecting a separate building
from the main building, both of which the side yard requirement and the building itself are
against our covenants. As long as they meet County requirements, I do not believe we have any
jurisdiction.
Mr. Cox stated we have jurisdiction if it impacts our drainage facilities.
Mr. Gatti asked if it does not affect those, what jurisdiction do we have?
Mr. Cox responded the legislature amended the statute giving standing to enforce
restrictive covenants as a district.
Mr. Ziko asked do you know what section of the statute refers to this?
Mr. Cox responded no, but I was opposed to it when it was being discussed, and I believe
local governments do not have any place enforcing restrictive covenants. The County makes a
clear statement on the building permit application there may be restrictive covenants, but County
employees will not enforce them. There is a clear acknowledgement that meeting County
standards may not be sufficient, and the property owner is on notice to look at their chain of title
to find out if there are restrictive covenants. The counties and cities do not get involved in
enforcing them, and I do not think that we should either.
Mr. Lambert stated Mr. Cox sent a letter to one of the parties explaining our easement
rights there, Did we ever get a response?
6
September 23,2005
Mr. Benson responded I received a telephone call and spoke to the person relative to the
letter. I explained there was an easement and a drainage swale which were constructed there.
During their construction activities, it appears to have been filled in, and this needs to be fixed. I
also told them I will provide them the original drawing showing the location of the swale.
Mr. Lambert stated there is an area where water comes off the street on the west side of
the property. Is there a side easement for drainage there?
Mr. Benson responded I will have to look at the plat.
Mr. Lambert stated I believe this may be the case based on the way it sits off the street.
However, no one approached the Board with regards to these size easements. Why are we
getting involved at this time?
Mr. Gatti responded that is my point exactly. However, there are residents in attendance
today who want to address the Board, but it is a moot point since we have no jurisdiction.
Mr. Ziko stated I disagree. I believe we should use every process available to enforce
these deed restrictions, whether it be through the CID Board, the Association or a private
attorney.
Mr. Lambert there are associations as well as a process to handle this without us getting
involved.
Mr. Ziko stated if Statute 190 gives the Board permission, then I am in favor of it. We
live down here and want to protect our community.
Mr. Bissell joined the meeting via telephone.
Mr. Gatti asked can you respond to Mr. Ziko's counter?
Mr. Cox responded the change made to the statute essentially allows you to have
standing, which means before you can sue anyone for any reason, you must have a personal stake
in the outcome of the case, known as standing. The legislature recognizes implicitly you have an
interest in deed restriction enforcement. I do not believe it is a good idea for local governments
to get involved in this business. I disagree with it and caution you not to do it.
Ms. Dillon asked why?
Mr. Cox responded the sole purpose of a district is to own, operate and maintain public
facilities.
Mr. Gatti stated no one disagrees with you. We are all interested in protecting the
community. If there is a swale involved on the west side of the property, it comes into play since
it affects our drainage. Other than that, we simply do not have any jurisdiction.
p} J~e Lld~J~. 1
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7
September 23, 2005 Port of the Islands C.LD.
Mr. Dillon asked what entity would handle a situation in which a neighbor was
encroaching on your property?
Mr. Cox responded this would be handled by circuit court.
Ms. Dillon asked does it make sense to prevent this before it actually occurs?
Mr. Cox responded there is only one way to stop this if the person does not want to
voluntarily do it. You have to get an injunction, and a circuit court judge is the only person who
can issue it.
16 , 12B 1
Mr. Ziko stated I do not want to give up our right in the future to address this issue before
the Board. By dismissing this, we are setting a precedent, and the next time someone wants to
build on sideline clearances, we are not going to have any power to prevent it from happening.
Mr. Cox stated every situation will be distinguished differently. Therefore, you are not
setting a precedent preventing you from making a different decision in the future. I understand
there is a problem, but this Board cannot do anything different that what a neighbor would be
able to do. You have to take this to circuit court and get an injunction.
Mr. Goscicki stated this community has an HOA, which does not have a Board. I assume
the deed restrictions establish the HOA as having some authority to implement and enforce deed
restrictions. We manage approximately 170 communities throughout the state, and one of them
deliberately took a formal action of taking on HOA responsibilities to enforce deed restrictions,
thereby sitting as both the HOA Board and District Board. It is a nightmare of confusion of
responsibilities. I believe Mr. Cox is giving you good advice to focus solely on your CID
responsibility of ensuring the infrastructure is maintained to meet the community's needs. It is
not your responsibility to become involved in property disputes between neighbors.
Mr. Gatti stated we had a situation within Phase I where a person insisted on
encroaching. We put an injunction on it, put some money together, got an attorney and stopped
it. Can the Board act as one of the neighbors and use the same process?
Mr. Cox responded yes. However, you have no more authority than the neighbor to tell
the person not to do it. You have to take it to a circuit court and get an injunction.
Ms. Dillon asked can we hear from the builder?
Mr. Gatti responded rather than confusing the issue, we should decide what we want to
do.
Mr. Bissell asked are you referring to the house you are building which is encroaching
onto the swale?
8
161128 1
September 23,2005 Port of the Islands C.LD.
Mr. Cox responded yes.
Mr. Gatti asked what is the Board's finding?
Mr. Lambert responded I move we act on issues which we are responsible for. The only
thing we are concerned about in this particular case is violation of a drainage easement.
Mr. Gatti stated in order to possibly implement Mr. Lambert's suggestion, we must be
absolutely certain we are affecting the drainage easement, which is on the west side of one
property. The other property is not involved.
Ms. Dillon asked what about the north side?
Mr. Lambert responded the west and north sides of the property are involved.
Mr. Gatti stated this does not affect the side situation.
Mr. Lambert stated I am not concerned about the side.
Mr. Gatti stated that is the main issue.
Mr. Goscicki stated there are two separate issues. The first one is a project which
impacts on CID property and drainage easements, and you clearly have an issue with CID
infrastructure with regards to your duties to provide adequate drainage to the community. The
second one deals with side yard easements, which are not impacting the property but are part of
this project. You must decide if you are going to deal with the entire issue or only with what is
impacting on CID requirements for drainage maintenance.
Mr. Ziko stated Mr. Gatti brought this application for a building permit to our attention at
the beginning of the meeting which says, "Warning of possible deed restrictions. The lands
subject to this permit may be subject to deed and other restrictions that may limit or impair the
landowner's rights". Why were these two properties designed to go against this District's
covenants? Can this Board be authorized to ask residents to conform to the covenants?
Mr. Cox responded you can ask for this, but you cannot enforce it unless you go to court.
Mr. Ziko stated I am in favor of getting the Board involved.
Mr. Goscicki asked is there a reason you would not want the HOA to handle this?
Mr. Ziko responded the more associations which are involved, the better protection we
will have. We had a number of violations already, such as the pool being built into the swale,
which did not conform to anything, but was overlooked.
Mr. Cox stated this was not overlooked. Those people presented plans to Dr. Benson
which showed the drainage was not affected, and satisfied any concerns they had. The Board
which was sitting here, approved it.
9
September 23,2005 Port of the Islands C.I.D.
Mr. Ziko stated it is a different Board.
Mr. Cox stated it was not overlooked.
Mr. Lambert stated there are several homeowners and condominium associations. Each
one has different interests based on the particular type of association which exists. This situation
involves single-family homes. The villas and condominiums each have different concerns.
Therefore, we should not get involved in making decisions for different associations.
Ms. Dillon asked at what point as a member of the POI, do you not limit yourself to your
own comer of the world?
Mr. Lambert responded when you have a master association for the POI.
Mr. Ziko stated these covenants are recorded in the Collier County Courthouse, and they
are legal documents which were violated by people who chose to disregard the law.
Mr. Lambert stated there are avenues to enforce this.
Mr. Ziko stated if the State changed Chapter 190 allowing the Board to be involved, we
should take the opportunity to become involved.
Mr. Gatti stated what is your opinion Mr. Bissell?
Mr. Bissell responded I have not heard anything about the side setbacks. However, the
biggest error I ever made as a Board member was approving the installation of the swimming
pool into our swale. Although I believe the Board should enforce the swale issue, I have no
thoughts with regards to the side setback.
Ms. Dillon asked can the Board decide if they want to get involved in a specific building
1 6 LI 12 s.. 1
plan?
Mr. Lambert responded some get chosen, and some do not.
Mr. Bissell asked does the County have approval to build into the swale and encroach on
it?
Mr. Cox responded no, and the paperwork indicates this permit does not authorize
construction or installation of any structure or utility within any right-of-way, not just county
right-of-ways. There is a perpetual easement within the area where the swales are located which
was created by the plat, and no one has the right to interfere with the easement.
Mr. Gatti stated the Board agrees we do not want anyone affecting our swale or other
areas where we have jurisdiction. However, we must decide if we want to become involved in
issues where we do not have jurisdiction, and the only way we can enforce the covenants is to act
separately from a Board jurisdiction and take it on as a private matter. Is that correct?
10
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September 23, 2005 Port ofthe Islands C.LD.
Mr. Cox responded that is correct.
Mr. Bissell asked are you referring to the swale or the setback?
Mr. Gatti responded the swale issue is fixed. We do not want anyone involved in the
property where we have jurisdiction.
Mr. Cox stated everyone agreed on the swale, but now we are discussing whether or not
the Board should take action on restrictive covenants; the HOA is as strong an entity as any who
clearly has standing to challenge.
Mr. Bissell asked what are the details of the side setback issue?
Mr. Cox responded their building apparently encroaches into the side yard setbacks
created by the deed restrictions.
Mr. Gatti stated an individual cannot take this to court and ask for an injunction.
Mr. Ziko stated since these people came to the Board to ask for an opinion with regards
to the covenants, the Board should let them know we are against this and we have the right to
back it up. If they read this permit application, go to the County and find out the covenants are
there, why are they going against them? I believe the Board should have the right to deny them.
With regards to the swimming pool in the swale, the Board mistakenly approved it, and I do not
believe the Board should approve this either.
Mr. Bissell asked are you referring to the setback or the swale?
Ms. Dillon responded the swale is definitely not going to happen.
Mr. Gatti stated the swale is not an issue. One property encroaches in the side yard by l'
and the second property, which is erecting a separate building, encroaches in the side yard by 3',
which is not allowable in our covenants. Although the covenants are in place and we expect
everyone to abide by them, the Board does not have jurisdiction to tell someone they cannot do
it.
Mr. Ziko stated we might as well do away with the covenants.
Mr. Lambert stated they are in place for a reason, and you may enforce them if you
choose to.
Mr. Ziko stated if the State statutes allow this Board to enforce the covenants, I am in
favor of it.
Mr. Cox stated the only way you can enforce this is to take it to court and get an
injunction. You do not have regulatory authority, and if you choose to enforce it, you must file a
lawsuit.
11
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161128 1
September 23, 2005 Port of the Islands C.LD.
Mr. Gatti stated what is the Board's pleasure?
Ms. Dillon responded if they cannot continue building on one property due to the swale
impact, their entire plan will probably change. Therefore, we may have to hear from the builder
and the owner to find out what their intent is with regards to the swale.
Mr. Gatti stated the swale is not an issue, since we are not going to allow them to do this.
We should force the residents to meet the criteria. Buildings cannot encroach in our swale
system. The next issue is for the Board to decide whether or not we should take action to enforce
the covenants, even though we do not have the jurisdiction to do so.
Mr. Cox stated I do not know why you would want to become involved with this.
Mr. Gatti stated this is not the issue. We must decide if we are willing to raise the money
to enforce this. We should not let this happen in the community, since we already have two
situations, one worse than the other.
Mr. Lambert asked can Mr. Bissell second a motion?
Mr. Cox responded the opinion of the Attorney Generals is you cannot use a telephone
appearance to constitute a quorum, but you can participate.
Mr. Gatti asked can I second a motion as Chairman?
Mr. Cox responded there is no reason you cannot.
Mr. Bissell stated according to Robert's Rules of Order, you can.
Mr. Cox stated we never formally adopted Robert's Rules as our rules.
Mr. Lambert stated I move the CID Board does not enforce covenants, since there are
other avenues to do so.
Mr. Gatti stated I would like to modify the motion to say the Board does not take the
posture of enforcing private issues where we do not have clear jurisdiction.
Mr. Cox stated you are basically trying to say the Board is opposed to anyone violating
the restrictive covenants, but you are not going to be the entity filing the lawsuit to enforce those
restrictive covenants.
Mr. Gatti stated the Board may choose to pursue it.
Mr. Goscicki stated if you pursue this as a Board, you would have to take action.
However, you can exercise the authority to pursue it as individuals.
Mr. Gatti asked what was Mr. Lambert's original motion?
Mr. Goscicki stated it was basically that the Board chooses not to take jurisdiction over
the enforcement of deed restrictions on private property.
12
September 23,2005
Port t~Ja] C?DB 1
Mr. Lambert moved the Port of the Islands Community
Improvement District will not take the posture of enforcing
covenants where there is no clear jurisdiction and Mr. Gatti
seconded the motion.
Mr. Lambert asked are we voting or discussing?
Mr. Ziko responded I do not want to give up the right as a Board to make decisions on
this issue, which Chapter 190 states.
Mr. Cox stated you have standing.
Mr. Ziko stated I do not want to make this a precedent.
Mr. Cox stated you are not giving up any rights granted to you. However, you do not
want to enforce these particular violations.
Mr. Ziko stated we should make a motion not to have any motions on this issue, and
retain our current rights.
Mr. Goscicki stated if you pass this motion, you can reverse it any time later in the
meeting. The Board is not setting a precedent which could not be reconsidered. The legislation
is in place. The Board is basically setting a policy through this motion, which can be changed at
any time.
Mr. Ziko stated I would like to motion we table this item until we find out what the
particular builders have to say about the situation.
Mr. Goscicki stated you currently have a motion on the floor which has been seconded
and up for discussion.
Mr. Cox stated now we have a motion to table that motion.
On MOTION by Mr. Ziko seconded by Mr. Gatti with all in favor
the prior motion was rescinded and tabled until further discussion
takes place with the builders.
Mr. Gatti stated you are asking individual builders to comment on what they are doing.
Mr. Ziko stated it is only fair to them to let us know what they intend to do.
Mr. Gatti stated we are not asking the builder to argue their case, but to tell us what they
are going to do.
Mr. Lambert stated they should also explain why they did this.
Ms. Dillon stated they should also tell us if they have any alternatives.
13
161128 1
September 23,2005
Port of the Islands C.LD.
Mr. Beaumont stated I have been building in Naples for approximately 20 years, and I
built more than 250 houses on Marco Island. When you come over the bridge there is a large
sign which says 'Deed Restriction Community'. We get the Board's approval before we obtain a
permit, and we also verify deed restrictions. I never violated a deed restriction on Marco Island
in 12 years. I previously built two houses here. The Young's and the Cramer's both have 10'
side yards, and in fact, the plans I was given to build on Mr. Cramer's property would have
violated the setback. However, I modified it to ensure it did not violate the setback.
Mr. Gatti asked which property are you referring to?
Mr. Beaumont responded Mr. Cramer's property. Their architect and engineer did not
know about the 20' drainage easement.
Mr. Ziko stated it is not a covenant easement, since it is 20' from water.
Mr. Beaumont stated it was issued as a covenant easement.
Mr. Ziko stated it also belongs to the County.
Mr. Beaumont stated I was not aware of the deed restrictions on the side yard, nor did I
research it. According to your deed restrictions, the HOA is supposed to have an Architectural
Review Board, and the only person allowed to look at the plans is the declarant, which is POI
Inc. I am not sure if they are still in business. However, I accept full responsibility since I am
the builder. The site plan shows the rear setback must be 20' on 31.7 and the pool 20.8. The
front yard is correct, but the side yard is large. This is an angled piece of property, and in your
deed restrictions it specifically says "on an angled piece of property a variance may be granted
by the declarant", which is POI Inc. The only violation is the side yard, and I am trying to
remedy it by asking this Board for a variance based on your deed restrictions which say it is an
angled property and in certain situations, the Board will allow a variance on the situation.
Mr. Ziko stated I do not recollect reading that in the covenant.
Mr. Cox stated the HOA Board should be granting that type of variance, not the CID.
Mr. Beaumont stated I send my customers a site plan as soon as it is finished, and pour
the slab. The homeowner, Mr. Peters, is totally affected by this, and he brought it to my
attention, although he just found out it was a 10' side yard, and told me it was an error and asked
me to fix it. According to the deed restrictions, the only entity who can issue a variance is POI
Inc. If they are no longer in business, it probably is assigned to the HOA, who have permission
to grant a variance.
14
161128 1
September 23, 2005
Port ofthe Islands C.LD.
Mr. Ziko stated we did not realize the Board had the availability under Chapter 190 to do
this until today's meeting, and this Board cannot give a variance approval.
Mr. Cox stated variances must be issued by the HOA.
Mr. Ziko asked does this pool area violate the 10' setback in the area where you are going
to install the screen?
Mr. Beaumont responded the corner does, but your deed restrictions do not refer to a side
yard on the screen enclosure.
Mr. Ziko stated it refers to any structure.
Mr. Beaumont stated no, it says dwelling, unit or building.
Mr. Ziko stated it also refers to driveways.
Mr. Beaumont stated that is correct, but it does not gIve a side yard for a screen
enclosure. I was going to clip the corner, but there is no deed restriction for a screen enclosure.
In fact, screen enclosures were supposed to be 15' from the rear, but was amended to 20' from
the rear.
Mr. Goscicki stated for clarification, this Board does not amend or own these deed
restrictions.
Ms. Dillon asked have you or the owner talked to the neighbor directly impacted by this
l' difference?
Mr. Beaumont responded yes.
Ms. Dillon asked can this be worked out between the two neighbors?
Mr. Beaumont responded the neighbor has no problem with the 9' setback. His house is
13' off the property line, creating a 22' space between the two houses, which is the intent of the
ordinance in my opinion.
Ms. Dillon stated if both of you resolved this situation, there is nothing further to discuss.
Mr. Cox stated I believe the homeowner is in violation.
Ms. Dillon stated we discussed not being involved in this.
Mr. Gatti stated Mr. Mack agrees for us to not be involved.
Mr. Beaumont stated the HOA has the legal right to grant us a variance.
Mr. Lambert stated you should discuss this with the HOA instead of the CID.
Mr. Gatti stated you commented there was an error on a previous property you built, and
you also mentioned an error on the plat on the two houses you finished which you corrected.
15
1611281
September 23, 2005 Port of the Islands C.LD.
Mr. Beaumont stated when the architect and the engineer gave me the plans, there was an
error on them, which I corrected before I started construction on the house.
Mr. Gatti asked what was the error?
Mr. Beaumont responded they had a rear setback of 19' instead of 20'.
Mr. Gatti asked were you aware of the setbacks?
Mr. Beaumont responded the only error was in the rear.
Mr. Ziko stated if you read the rear setback, you will notice the sideline setback is on the
same page.
Mr. Beaumont stated the 20' drainage easement is on the survey, which can never be
built on.
Mr. Gatti asked who set the corners?
Mr. Beaumont responded my surveyor set them.
Mr. Gatti asked what is the Board's pleasure?
Ms. Dillon responded they should work it out with the HOA.
Mr. Cox stated the HOA is the entity who has the authority to grant or deny the variance.
Mr. Beaumont stated I have one other alternative; the owner of the property next door
offered to sell me l' of his property.
Mr. Gatti stated I agree with this. The two of you can resolve the issue without affecting
our covenants.
Ms. Dillon asked are you building the other house?
Mr. Beaumont responded no. However, I am building a house down the street from Mr.
Dyer.
Mr. Gatti stated in summary, the Board's position is we are interested in the main builder
meeting the covenant restrictions. We have the option, if necessary, to bring an injunction
against the property as individuals. Is a motion necessary?
Mr. Goscicki responded I do not believe so.
Mr. Kalmanack stated I built the house, and the architect laid out the design according to
County code with regards to the side setbacks at 7.5'. We continued with the construction until
someone notified me of the side setback covenant. The drain in the back is not going into the 20'
easement, which follows County code.
Mr. Gatti asked do you meet the County requirement with regards to the 7.5' side yard?
Mr. Kalmanack responded yes.
16
161128 1
September 23, 2005 Port of the Islands C.LD.
Mr. Gatti asked what about the separate building?
Mr. Kalmanack responded I was never shown the 1696 book, and the architect and I did
not notice the garage setbacks. However, since the architect laid this out, he bears some
responsibility.
Mr. Ziko stated the covenants expressly state no less than a two-car garage and no more
than a three-car garage. You have a separate garage and four units on the property, which
becomes a four-car garage. Therefore, the separate building has its own building permit, which
is totally illegal according to the covenants.
Mr. Kalmanack stated I can scale back to three garages.
Mr. Ziko stated the sideline clearance is not correct either.
Mr. Kalmanack stated I spoke to the neighbor and he has no problem with this.
Mr. Ziko stated the issue is with the covenants.
Mr. Kalmanack stated he is impacted by this if there is damage.
Ms. Dillon stated the precedent and covenants are the issues.
Mr. Lambert asked will the drainage easements be returned to the swale's original design
criteria?
~
!.... ..
Mr. Beaumont responded I explained to Mr. Kalmanack I would send him the original
drawings which can be used to return the swale to its original design.
Mr. Lambert stated it is possible there is a side easement for drainage on the property,
and we want to ensure it has been looked into and not being violated as well.
Mr. Goscicki stated the residents have a legitimate concern with deed restrictions, and the
Board clearly believes the HOA should deal with them. When they come to the Board in the
future it may be appropriate for Mr. Gatti to prepare a letter to the HOA to formally make them
aware this has been brought to your attention, and the Board feels this is the HOA's
responsibility . You may be confident the issue will be addressed by the appropriate
organization.
Mr. Bissell stated I agree with Mr. Cox's recommendation.
Mr. Lambert stated as long as our easements for drainage are not affected, it becomes an
HOA problem.
Mr. Ziko stated I agree with this, but I would like the Board to reserve the right to act on
it if necessary.
Mr. Lambert stated we have not given up that right.
17
16 , 128 1
,~ .
September 23, 2005 Port of the Islands C.LD.
Mr. Gatti stated I would like to amend the motion to say that if an HOA issue is not being
resolved, the CID Board will take action to bring an injunction and proceed on that basis.
Ms. Dillon asked do you want to proceed as a Board?
Mr. Gatti responded if the HOA does not bring this into effect immediately it will be the
Board's option to do the same thing.
Ms. Dillon asked are you stopping construction until this gets resolved?
Mr. Kalmanack responded I asked for a variance from the HOA president, who resigned
the next day. The HOA told us we did not have the correct documents when I gave them the
minutes and insurance certificate.
Mr. Gatti asked are you going to continue construction?
Mr. Kalmanack responded I was going to continue construction with the architect tying in
the garage to the house.
Mr. Gatti asked do you plan to proceed with construction regardless of the circumstances
of this meeting?
Mr. Kalmanack responded I cannot get an answer from the HOA.
Mr. Gatti stated I am going to ask you again. Do you plan to proceed with construction
regardless of the circumstances of this meeting?
Mr. Kalmanack responded I came here to get an answer from this Board because the
HOA president, who resigned, told me the HOA has not existed since the 1990s.
Mr. Ziko stated the covenants go in perpetuity, and are in effect for 30 years whether or
not the HOA exists. Therefore, those covenants bind you by the land recorded in the Collier
County Courthouse, and you are bound to obey those covenants, which is the reason I wanted to
reserve the Board's opinion. If you continue construction against the covenants, I will bring it to
the Board to obtain an injunction to stop you.
Mr. Kalmanack stated I tried to go through the HOA as stated in the covenants in order to
obtain a variance.
Mr. Ziko stated I do not believe the POI Association would grant a variance based on the
way you destroyed what the covenants were set up to do. You should reassess your architecture,
abide by what is stated in the covenants, and you will not have to come before the Board again.
Mr. Kalmanack stated there are many issues where people have broken the covenants.
Mr. Ziko stated although covenants were broken in the past, we are not going to
constantly break them for every future situation.
18
September 23, 2005
161128 1
Port of the Islands C.I.D.
Mr. Kalmanack stated I tried to work with the HOA on a compromise.
Mr. Ziko stated if the work were accomplished in a reasonable manner, your architect,
professional engineer and title people would have researched this and determined it was illegal.
Mr. Gatti stated when we brought an injunction against the property in Phase I, the work
was already done, and had to be removed.
Mr. Lambert asked are you referring to individuals as opposed to the CID Board?
Mr. Gatti responded yes. If Mr. Kalmanack chooses to proceed with construction, he still
must meet the covenant requirements, and we still maintain the right to seek an injunction. What
is the Board's pleasure?
Mr. Ziko responded we have to see what happens as a result of this meeting.
Mr. Gatti asked can the Board refer this to the HOA's existing Architectural Review
Committee?
Ms. Dillon responded it does not exist because Mr. Bernard resigned.
Mr. Ziko stated I am not sure whether or not there is one.
Mr. Bissell stated the homeowner hired an architect and engineer to work on the property.
Do they have insurance for errors and omissions? If the builder had to make changes, would he
have recourse back to the engineer and architect?
Mr. Cox responded those questions are difficult to answer on a hypothetical basis without
knowing all the details.
Mr. Gatti stated it does not affect this issue. In summary, we are not comfortable the
Architectural Review Committee is in place, and whether or not the contractor is going to stop
work. I am not comfortable that if we do not do something, this issue will go along. Can I make
a motion?
Mr. Cox responded yes.
Mr. Gatti stated I make a motion these five individuals agree the Board will direct Mr.
Cox to take this issue to court, win objection against those properties and stop the work currently
gomg on.
Mr. Lambert stated these people were aware the HOA was not active, and did nothing to
move it forward. I am not interested in spending the CID Board's money for an issue which
another group should be supporting.
Mr. Gatti stated the group does not exist.
19
16 11 2:8 1
September 23, 2005 Port of the Islands C.LD.
Mr. Cox stated those deed restrictions are recorded, valid and enforced. They establish
the HOA as the entity responsible for implementing them. If the entire Board resigns, the HOA
still exists. You must have a meeting and appoint new officers.
Mr. Lambert asked can he resign when he is the last person?
Mr. Cox responded yes. He is an officer or director of the corporation. The members are
everyone who owns property in POI, and they must elect officers.
Mr. Lambert stated I was under the impression the last president could not leave the
position.
Mr. Gatti asked who appoints officers of the HOA?
Mr. Cox responded membership in the HOA is evidenced by the property owner's deed.
Therefore, everyone who has a deed to a unit or property is a member of the HOA, and is
authorized to appoint officers.
Mr. Lambert stated some of us may not be involved in the HOA.
Mr. Cox stated anyone within the boundaries of this declaration of covenants, conditions
and restrictions who gets a deed is a member of the association.
Mr. Gatti asked who would do that?
Mr. Cox responded the property owners are subject to the covenants, conditions and
restrictions.
Mr. Goscicki stated the affected property owner should review their covenants, the
election process and the procedures for filling vacancies. Most associations I am familiar with
appoint officers.
Mr. Cox stated there are prOVISIOns which tell you how to amend the covenants,
conditions and restrictions. Each property owner is a member of the association, which exists in
perpetuity, If anything is in violation of the registration requirements of the State, they can be
brought up to date. For example, if registration fees have not been paid for the last five years,
you must pay five years of back registration fees, along with a small penalty. You fill out a State
form which lists the owners and officers, and you are back up and running.
Mr. Gatti stated we have to get a Board in place representing the HOA.
Mr. Ziko stated anyone person or group of people within the HOA can bring this
injunction forward in order to stop what is going on.
Mr. Cox stated absolutely. Anyone who owns property subject to the covenants,
conditions and restrictions has standing to enforce them in court.
20
September 23,2005
1 t.. I 1 2 8 1 :~ '~4
Port o'rlhe ~slands C.I.D. '
Mr. Gatti stated going back to my motion, this Board should agree to bring an injunction
against these properties to stop construction, if necessary.
Mr. Goscicki stated for clarification, your original motion said this Board as individuals,
but if you are talking about this Board, then you are talking about the CID, and if you are passing
a motion as the CID, then the CID is taking action, not you as individuals.
Mr. Gatti asked what is the Board's pleasure?
Mr. Ziko responded I will second your motion.
Mr. Goscicki stated I am not sure what the motion is, whether it was as individuals or as
the Board.
Mr. Gatti stated it should be as individuals.
Mr. Goscicki stated that motion is not appropriate, since this can be handled on the
outside.
Mr. Gatti asked can we direct Mr. Cox to pursue this?
Mr. Cox responded yes.
Mr. Gatti moved to authorize the Board to direct the attorney to
bring an injunction on properties violating the covenants and Mr.
Ziko seconded the motion.
Mr. Lambert stated we are outside our boundaries.
Mr. Gatti asked if we take your posture, what is going to happen?
Mr. Lambert responded there is an avenue to handle this, which does not require the CID
to spend money for one group of individuals.
Mr. Gatti stated someone has to take action, unless an individual in the community
decides to pursue this legally. Although I am totally opposed to the Board getting involved in
this, we have to stop it. Mr. Bissell, we have a motion on the Board that the CID direct Mr. Cox
to bring an injunction against these properties in order to stop construction, and further that we
ask the court to dismiss the injunction when the covenants are met.
Mr. Bissell stated I have no discussion.
Mr. Goscicki stated there is a motion on the floor to vote yes or no.
Mr. Bissell stated I cannot vote.
Mr. Goscicki stated yes, you can.
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On VOICE vote with Mr. Gatti; Mr. Bissell; Mr. Ziko; and Ms.
Dillon voting aye and Mr. Lambert voting nay the previous motion
was approved.
Mr. Beaumont stated if you have the authority to put an injunction against us, you should
also have the authority to grant a variance.
Mr. Cox stated it does not work that way. A private property owner can file for an
injunction, but the HOA is the only entity who can grant a variance.
Mr. Gatti stated anything we do is going to set a precedent. Although there are some
other encroachments within the community, we do not want the covenants encroached on.
Mr. Lambert asked can the CID Board override our covenants?
Mr. Gatti responded no, and the CID Board is not going to be involved in other cases.
Once established, the HOA will take care of these situations. The only reason I am directing this
position be taken, is because there are no established officers within the HOA.
Mr. Lambert stated I pushed this issue for three years.
Mr. Gatti stated your willingness to see this happen or to take a position in order to stop it
is the issue.
Mr. Lambert stated there are ways and avenues to handle this issue without us taking
responsibility. However, we voted on it, and should move on.
SECOND ORDER OF BUSINESS Approval of the Minutes of the August 5,
26 and 30, 2005 Meetings
Mr. Goscicki stated each Board member received a copy of the minutes of the August 5,
August 26 and August 30, 2005 meetings and requested any additions, corrections or deletions. I
do not expect you had the opportunity to read them due to the volume of those minutes.
Mr. Benson stated I received the August 30th minutes via email twice, but I did not
receive the August 26th minutes.
Mr. Ziko stated the August 30th minutes could not be sent in one email. There is 54
pages on one and 7 pages on the other.
On MOTION by Ms. Dillon seconded by Mr. Lambert with all in
favor the minutes of the August 5, 2005 meeting were approved.
THIRD ORDER OF BUSINESS Discussion Items (Continued)
A. Mosquito Control Options
Mr. Gatti asked is further discussion necessary?
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Port of the Islands C.LD.
Mr. Goscicki responded one of the residents was going to follow up with some additional
information with regards to filing a petition with the County, and I have not followed up with her
yet, nor is she here today.
Mr. Lambert asked is anything actually going to be done with this? We have been
discussing this issue for approximately five months.
Mr. Goscicki stated we are trying to pursue options with the County Mosquito Control
District. If they are willing and able to handle this for POI, we need to know if there would be
any improvement in service or potential cost savings. There are limited applications which can
be made here because of the environmentally-sensitive nature of the community. The Mosquito
Control District will not be able to do any aerial spraying. They would have to provide a
specialized service from what they currently provide customers. We are trying to pursue the
most cost-effective way to proceed, whether it is with your own staff or contracting with a third
party. Although we are still exploring third-party options, all of them will probably have
significant cost because of the nature of the application.
Mr. Lambert asked can we get a commitment to come back with answers next month so
we can resolve this issue?
Mr. Bissell stated prior to this meeting I was told we could participate on these calls, but
not vote. However, I was just told I could vote. What is the decision?
Mr. Cox stated you cannot be part of what would constitute a quorum via telephone, but
you can vote.
Mr. Ziko asked with regards to the clocked mosquito control, is that for the actual
chemical?
Mr. Goscicki responded yes, those are the chemicals for the mosquito control.
B. Open Items
Mr. Gatti asked would it be acceptable to the Board to defer open items to the next
meeting?
Mr. Ziko responded we should go through them.
Mr. Lambert stated Mr. Stephens is working on the first item and was going to finish out
our inventory. However, he is not present.
Mr. Mack stated Mr. Stephens is on vacation.
Mr. Lambert stated the second item is the reuse water for irrigation.
Mr. Benson stated the equipment was ordered, and we are waiting for all of it to arrive.
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Mr. Lambert stated the third item is the fire station which we discussed. The fourth item
is the entrance monuments, which Severn Trent is working on.
Mr. Goscicki stated Mr. Dick will update the Board.
Mr. Dick stated I met with Likens Sign Tech twice last week, who put proposals together,
and I brought visuals to get an understanding of the materials they plan to use. They submitted
five proposals, two at the entrance to the Cays, two at the entrance of the marina, and one in the
median on the north side of the road. They proposed one for the entrance to the Cays, using the
wall which is there. They will paint it our logo colors as a background, and make the letters, sun
and egret out of aluminum, and mount them onto the background. It will be stud-mounted in
order for them to stick out from the actual sign, giving it a three-dimensional look. The sun will
be 24"; the egret will be 18" high, the capital letters will be 12" and the lower case letters will be
7".
Mr. Gatti stated it may be less than 24".
Mr. Lambert stated the sign company looked at the background, and should know what is
proportional.
Mr. Dick stated all painting, permitting and installation on each sign for the Cays and
marina will cost approximately $2,300. The fifth sign is a median sign of which I have a picture.
There is currently nothing at the median on the north side of the road, and in the other four
instances there is a structure already there. There used to be a wooden post sign with plywood.
They propose a 4 x 4 sign on a 6 x 6 fluted aluminum post. A high-density urethane material
will be laminated to the aluminum plate which will route the entire sign only leaving the letters,
sun and logo protruding which gives it a three-dimensional appearance.
Ms. Dillon asked do they want it to say 'Port of the Islands'?
Mr. Dick responded that is correct.
Mr. Goscicki stated for clarification, the background material covers the aluminum,
which is routed.
Mr. Dick stated as a result, nothing will rot. The sign costs approximately $3,500, which
includes permitting. As a matter of fact, all the signs will be permitted.
Ms. Dillon asked is the approximate cost for these signs $12,000?
Mr. Dick responded that is correct. They are designed to be long-standing, 20-year signs,
with minimal maintenance, using high-grade automotive paint, which can withstand the weather.
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The sign technician believes the signs will have to be replaced within 10 years if they use
cheaper materials.
Mr. Gatti asked what is the Board's pleasure?
Mr. Ziko responded I believe we should approve it since we have been discussing this for
one year.
On MOTION by Ms. Dillon seconded by Mr. Gatti with all in
favor staff authorized purchase and installation from Likens Sign
Tech of two monument signs at the entrance to the Cays; two
monument signs at the entrance to the marina in the amount of
$2,300 per sign; and one monument sign in the median at the north
side of the road in the amount of $3,500.
Mr. Dick stated Ms. Marchand questioned the lighting. Although there is existing
lighting, some of it is in disrepair. This company does not handle lighting work. Therefore, I
will have the lighting repaired or replaced.
Mr. Lambert stated the fifth item is delivery of the portable generator for the lift station.
What is the status of delivery dates?
Mr. Dick responded after the last Board meeting we contacted the supplier who set a six-
week delivery date which should occur within the next two to three weeks. However, this was
before Hurricane Katrina. Therefore, I will call them again for a status.
Mr. Lambert asked are you referring to the portable generator and the one for the well
heads?
Mr. Dick responded that is correct.
Mr. Benson stated the electrician is standing by to handle this.
Mr. Lambert stated the sixth item is the DEP Letter of Compliance, which has a
December deadline and should be set once the generators are received.
The seventh item is Everglades Restoration. Have you heard any comments from those
involved?
Mr. Ziko responded I received a large amount of documents from the Army Corps of
Engineers describing the details of the project going from Route 92 to Miami, including road
elevations. I contacted Ms. Janet Steins because the dykes and levees were in the wrong
positions from what was discussed. She told me the entire project is being revised, and as soon
as she receives further information, she will give the Board a briefing on the status.
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Mr. Gatti asked would it make sense to ask her to come here and reaffirm what Mr.
Lambert and I discussed with Army Corps of Engineers officials?
Mr. Ziko responded I have a booklet from the Army Corps of Engineers which contains
the color graphs and other details which you saw dated from August 2004, and was told
everything was going to change.
Mr. Gatti stated those books were compiled without our input even though they are no
longer valid.
Mr. Ziko stated she told me our input will still be included.
Mr. Mack stated there were four representatives of the water district out here taking
photographs after the last Board meeting. I asked who they were and what they were doing.
They told me the Army Corps of Engineers no longer has jurisdiction over the dykes, and that
SWFWMD will be handling it. They believe we may not even need dykes on this side, which
changes everything.
Mr. Ziko stated Ms. Steins is the SWFWMD direct contact, and when she told me the
Army Corps of Engineers material is no longer significant, obviously she had insight.
Mr. Lambert stated the eighth item is the second filter for the wastewater plant, and Mr.
Benson will update the Board.
Mr. Benson stated this update is incorrect because last month the Board voted that Mr.
Gatti sign the contract. Therefore, it should be taken off the list since it is already under contract.
Mr. Lambert stated the tenth item is the proposal for operation of water & wastewater
facilities.
Mr. Cox stated last month we decided to issue RFQs later this October for consideration
at the December meeting.
Mr. Lambert stated the eleventh item will be brought up during Mr. Benson's discussion.
Mr. Benson is going to review and make recommendations for the twelfth item.
Mr. Benson stated I have a report from my staff. After looking at all the documents, we
are incorporating it into the annual report, and adding a CIP project for the next budget cycle. As
I mentioned at the last meeting, there was nothing critical to be done immediately.
Mr. Lambert asked can we mark this as complete?
Mr. Benson responded yes.
Mr. Lambert stated with regards to the thirteenth item, Mr. Benson, Mr. Stephens and Mr.
Goscicki were going to look into the status.
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September 23, 2005 Port of the Islands C.I.D.
Mr. Benson stated we were going to try to determine if an outside contractor should come
in and listen to the pipes to see if they could find leaks.
Mr. Lambert asked are you going to modify the contract to have the irrigation company
handle this?
Mr. Benson responded the contractor doing the separation of the water meters from
Powell Water to Fire and Irrigation System have to disconnect all the meters anyway, and you
agreed last month to provide him with the meters, and I was to find out from him whether or not
a change order is necessary to install the meters. We are working with him to do this at no extra
cost. However, ifthere is a cost, it will be minor.
Mr. Lambert asked is there a lead time to order the meters?
Mr. Benson responded the person in our office managing this project will call Mr.
Stephens, and we will coordinate with him to ensure he has them.
Mr. Lambert asked was item 14 submitted to SWFWMD?
Mr. Benson responded yes, but we have not heard back.
Mr. Lambert asked do you have any idea when you will hear back?
Mr. Benson responded we should hear something before the next meeting.
Mr. Gatti stated SWFWMD combines all these projects and prioritizes them, since they
receive so many requests.
Mr. Benson stated the SFWMD, who is part of the same group, is handling this project.
Mr. Lambert stated Mr. Stephens and Severn Trent Services are handling the fifteenth
item. What is the status?
Mr. Goscicki responded we have not heard back.
Mr. Lambert stated we probably should have asked Chief Wilson.
Mr. Gatti stated we should wait until after the construction work is complete.
Mr. Cox stated I agree. I believe there are four or five missing on this side.
Mr. Lambert stated I suggest waiting until the end of the rainy season to pursue the
sixteenth item.
Mr. Lambert asked what is the status of the truck decals?
Mr. Goscicki responded they are on order.
Mr. Lambert asked what is our expected date to receive them?
Mr. Goscicki responded we hope to receive them by next month's meeting. I do not
believe it is going to take much longer to have them made up.
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Mr. Lambert asked is there a logo?
Mr. Goscicki responded yes, the logo will say 'Port of the Islands Community
Improvement District' .
Mr. Ziko asked will that go along with the workers' uniforms?
Mr. Goscicki responded yes. However, Mr. Dick can update you with regards to the
uniforms.
Mr. Dick stated we are going to continue our contract with Unifirst. All employees will
be identified by their name and Port of the Islands.
Mr. Lambert asked with regards to item 18, are we getting close enough to a fire station
in order to speak to Burgesson & Purchaser with regards to obtaining the portable defibrillator?
Ms. Dillon responded I will call him. We had no place to keep one previously, but since
the fire station seems as though it is closer to approval, I am sure they would not mind having
another one.
Mr. Lambert asked are there any other items the Board would like to add to this list
today?
Mr. Cox responded one of the items we did not discuss was the analysis of all funds
which floated through over the last couple of months. I am working on this, and received
additional information from Severn Trent Services via emaillate yesterday, which I have not had
an opportunity to check.
Mr. Gatti asked what is the meaning of the two letters I received from the Clerk of the
Circuit Court?
Mr. Cox responded one of the people who holds some tax certificates on the two
properties applied for a tax deed sell, which is sent to the District because the District owns
several easements on this property. According to the statutes, a tax deed sell will normally
extinguish any other interest in the property except for the purchaser of the tax deed. However,
public utility easements remain even after a tax deed sells. Therefore, your easements will not be
affected by it.
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11
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C. Operations Oversight Requirements
Mr. Goscicki stated we discussed this at the last meeting. We hired Mr. Dick as part of
our management team to provide additional operations oversight, which is a routine part of our
duties.
FOURTH ORDER OF BUSINESS Staff Reports
A. Attorney
There being no report, the next item followed.
B. Engineer
i. Discussion of Draft Report on Utility Capacity
ii. Discussion of the Parkson MBR Proposed Contract
Mr. Benson stated although these two items were discussed last month, I have updates.
With regards to the contract you signed with Parkson last month, we met with them, and we are
going to sign a contract for us to work with them and the other contractors. We stipulated receipt
of the equipment and invoice by the beginning of February 2006, which Parkson accepted. One
of the items which was not part of the Parkson contract, but part of our understanding in the
document, was the fine screen. When sewage comes into the treatment plant, it must be
screened. Therefore, we need a fine screen which was on our CIP list, and we had a budget
including installation at $25,000, as well as a price from Parkson, the supplier, for $15,000.
Parkson suggested we purchase a more expensive screen. They said, "we really would like you
to buy a $40,000 screen instead of a $15,000 screen". I reiterated that we are in this project
together, and suggested they sell us the $40,000 screen for $15,000. They came back and
insisted on purchasing a $40,000 screen. Therefore, we are receiving another discounted piece
of equipment as part of the overall project.
Mr. Lambert asked is the price set at $15,000?
Mr. Benson responded yes. They are sending me the information and Mr. Stephens will
sign a purchase order.
I submitted applications to renew your water use permit for the potable water as well as
the irrigation water to SFWMD. I received a letter for some additional information on each of
those. The one for the potable water system does not have major concerns.
Mr. Gatti asked will implementation of the Fl for irrigation change our allocation?
Mr. Benson responded no. The allocation I requested in the application takes those issues
into consideration. It will also allow us to use water from our well field during periods of higher
salinity in the canal, which is normally for potable water. It will also allow us to dilute the
salinity. They asked what our plan of action will be for water conservation. We received
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Port of the Islands C.LD.
another unexpected comment that our level of irrigation use is on the high side, and we need to
encourage implementation of the Collier County Ordinance for rain sensors. I applied for the
amount necessary for the driest months in a dry year, which they define as one in 10 years.
Basically, I gave them the data, performed an analysis and gave them the rate of water use on the
developed properties. We have other properties currently not using the water and took the
number of acres to be irrigated in order to determine what is necessary for a new allocation.
They told us the rate we asked for in the dry period of a dry year is much greater than calculated
using their normal method, and they are asking us to explain why we need the higher level. I
will have to meet with the reviewer to find out what level they are willing to accept and negotiate
the best arrangement in order to resolve this. They are going to require assurance we are doing
our best to encourage customers not to waste water, which is something we need to do anyway.
Mr. Gatti asked what is the status of Florida Underground?
Mr. Benson responded they are prepared, and will complete the project on schedule.
Mr. Gatti asked is any material ordered?
Mr. Benson responded there was a delay in shipment of pipe materials, especially PVC
after Hurricane Katrina. However, they have not formally come to us with a request for a delay.
Mr. Lambert asked should we prod him to ensure we are not going to end up with a
surprise in the near future?
Mr. Benson responded I will ask someone to call and verify they have the pipe.
Mr. Gatti stated when they receive the pipe they will not bring it to their yard, but will
throw it on the ground out here.
Mr. Benson stated the entire bidding process took several months, including preparing
everything and ordering the materials. The amount of time to actually install the pipe in the
ground is fairly short since they want to get the job done quickly.
Mr. Gatti asked will we give them some material payments?
Mr. Benson responded they will submit the pay applications on a monthly basis once we
get to that point.
Mr. Gatti stated if they start installing material in the ground, we are going to have to
come up with some money.
Mr. Benson stated once the materials come in, they will have it installed within 60 days.
Mr. Gatti asked do we have to do anything to prepare for payment?
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Port ofthe Islands C.LD.
Mr. Goscicki responded the funds are available in your renewal and replacement fund,
which will be transferred to capital reserves.
Mr. Benson stated they submit it to our office; we review it for accuracy, sign it and send
it to the manager for payment.
Mr. Gatti asked is the money ready?
Mr. Goscicki responded yes.
Mr. Ziko asked have we coordinated with the company refurbishing the road in that area
so as to minimize down time on the road?
Mr. Benson responded we are waiting for this project to be finished before we bid the
road project. After the work is done the road must be compacted and patched. We want to let it
sit for a while before the road is paved so we do not have problems with the new overlay
throughout the community.
Mr. Lambert stated it is currently not a good time to worry about this with the high price
of oil, among other issues.
Mr. Gatti stated we should have done this six months ago.
C. Manager - Meeting Schedule for Fiscal Year 2006
Mr. Goscicki stated one of the items we need to look at is the Board Meeting Schedule
for the upcoming year, and I did not include a schedule in the packet because I wanted to discuss
it. Our normal schedule is the fourth Friday of each month which will be October 28th, which
works fine, but the fourth Friday of November will put us at the Friday after Thanksgiving and
the fourth Friday of December will bring us into Christmas Eve, so I wanted to see the pleasure
of the Board on the schedules for November and December.
Mr. Gatti asked what is your pleasure, a week later or week before?
Mr. Ziko responded I believe we traditionally met the week before.
Mr. Lambert stated we are looking at November 18th.
Mr. Bissell stated I thought we could not change these.
Mr. Cox stated you can do anything you want to, it takes three votes.
Mr. Lambert asked what about December 16th?
Mr. Goscicki responded I have conflicts on the third Friday of each month, which is why
we moved the meetings from the third Friday to the fourth Friday.
Mr. Bissell stated I requested moving this meeting to the third week in September in
order to be able to attend, and was told we were not going to make any exceptions.
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Port of the Islands C.LD.
Ms. Dillon asked does the November meeting occur the day after Thanksgiving?
Mr. Goscicki responded yes.
Ms. Dillon asked are people going to be gone?
Mr. Goscicki responded the meeting does not have to be on a Friday either. It can be any
day the Board chooses. Therefore, we can move it to the Wednesday prior to the holiday.
Mr. Bissell stated if three of us can attend on Friday, we can have the meeting.
Mr. Lambert stated I will not be there.
Mr. Benson stated I am probably not going to be here the Friday after Thanksgiving.
Ms. Dillon asked what about the Wednesday before Thanksgiving?
Mr. Lambert responded I will be gone then too.
Mr. Gatti asked should we do it a week before the two holidays??
Mr. Ziko responded I can do it any time.
Mr. Lambert moved to approve scheduling the November and
December regular meetings of the Board of Supervisors to
November 18th and December 16th and Mr. Ziko seconded the
motion.
Mr. Bissell stated I oppose it.
Mr. Goscicki stated either Mr. Dick or someone else can attend those meetings.
Ms. Dillon stated we need to ensure the hotel has the room available those days.
Mr. Goscicki stated we will get the annual schedule to the hotel.
Mr. Cox stated we originally talked about putting out RFQs for management services for
consideration at the December meeting. Since we are having this on an odd date, do you want to
consider this in January?
Mr. Lambert responded it depends on how many people cannot attend the December 16th
meeting.
Ms. Dillon stated I will be here.
Mr. Lambert stated I will also be here.
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D. Field Manager
Mr. Dick stated on September 7th Mr. Ziko and I toured the water and wastewater plants.
I understand the Board is adamant about getting the aesthetics, as well as some safety issues,
taken care of. I generated a list, and the two most critical issues are electrical deficiencies and
security issues of the doors and windows, which I will try to address. We met with two door
companies, and I am awaiting a proposal. Our company submitted a proposal for electrical
repairs. If the Board chooses, I can get a second proposal. I have the two proposals broken out
for each facility, and I will be happy to get a second proposal on electrical repairs and additions.
We observed many areas around the plant with extension cords draped over the walkways and
the handrails. Unfortunately, there are no electrical outlets in those particular areas, and they
have been running extension cords out of necessity for different mixers, little submersible pumps
or operators needing those pieces of equipment. We want to run a conduit with approved
electrical outlets very close to areas where they have to plug in these electrical components.
Lights from the water plant filter which need replacement are also included in the proposals.
Mr. Gatti asked what is the approximate cost?
Mr. Ziko responded we are looking at $48,000. The proposals are for $10,000 each,
which I believe to be instrumental in preparing the remainder of the plant cosmetics. Do you
foresee a big difference if we went out for another bid?
Mr. Dick responded I could not tell you unless I get them out here.
Ms. Dillon asked will this impact anything we are going to do down the road?
Mr. Benson responded although I have not seen the electrical one, it involves a series of
minor items. We are also doing some upgrades at the wastewater plant as part of this project.
Ms. Dillon stated it does not make sense to do this if it has to be ripped out.
Mr. Benson stated I do not anticipate this involves anything we were going to do.
Mr. Dick stated we are proposing to run a conduit, install an outlet and GPI receptacle
inside the line room at the Lyons Storage Tanks. The current electrical outlets are down low,
preventing operators from hosing them up. Therefore, we are proposing to install new ones
higher up on the wall, and try to bring them up to code. Currently, the conduits on the influent
pump station come up out of the ground, are galvanized, and are rusting away. Some of these
are safety issues, as well as reliability issues causing equipment to fail.
Mr. Lambert asked do we need to have competitive bids due to the nature of this work?
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September 23, 2005
Port of the Islands C.LD.
Mr. Cox responded although the statute does not require it, the threshold for electrical
work is approximately $40,000.
Mr. Ziko moved to authorize staff to commence electrical and
security repairs at the water and wastewater plant and Ms. Dillon
seconded the motion.
Mr. Benson stated the work at the water plant does not impact our work.
Mr. Ziko asked have you addressed issues with regards to the drop we noticed hanging
off the wooden pole?
Mr. Dick responded I have not. However, I plan to meet with the power company. The
big cable feeds the power to the plant which is on a wooden pole, and the pole is leaning, due to
the weight of the wire.
Mr. Lambert stated I believe this belongs to us.
Mr. Dick stated it is prior to the meter.
Mr. Lambert stated commercial installation is usually ours.
On VOICE vote with all in favor the prior motion was authorized.
Mr. Dick stated I am going to meet with our landscape contractor, Big Cypress, next
Tuesday at 10:00 a.m. to discuss whether we are getting what we are paying for on our contract.
Ms. Dillon asked since the contract with Big Cypress is up for expiration, are we going to
solicit bids?
Mr. Dick responded I am in the process of putting together specifications which we can
put out for an RFP.
Mr. Ziko stated we would like to know what the old contract stated.
Mr. Dick stated I have it with me.
Mr. Ziko asked when is it dated?
Mr. Dick responded it actually started in 1998.
Mr. Ziko stated the September 20,2002 minutes directed Severn Trent Services to form a
new contract, which was a motion by Mr. Bissell, seconded by Mr. Burgesson. I want to see the
contract Severn Trent drew up.
Mr. Goscicki stated this is the contract along with the scope of services, which was
executed on September 20t\ and expires this September 30th. We are negotiating a one to two
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month extension while we develop a more enforceable contract. We are comparing contracts we
used for landscape maintenance in other facilities. Mr. Dick is working with some of our
personnel throughout the State to move forward on this.
Mr. Bissell asked did you find the contract from 20027
Mr. Goscicki responded yes.
Mr. Ziko asked did we incorporate the water treatment plant in this contract?
Mr. Cox responded you should speak to people in the community about possible
enhancements. Since we have more funds, you may want to determine whether or not a change
out of annuals should be done twice per year, if you want more landscaping or for the
landscaping contractor to be more responsible for more area. You should give feedback to Mr.
Dick in order for him to incorporate it in the scope of work before it goes out.
Mr. Bissell asked does anyone have drawings or plans of what the contract entails for
mowing on the right-of-way? Ifwe are going to get bids, people will need to know what they are
going to bid on. Homeowners pay for landscaping in some areas, and landscapers handling the
area near the condos mow all the way up to the hedge which is out of our right-of-way.
Although the condos may be paying extra, are there any plans for this?
Mr. Cox responded that is a good point. Some communities, who enter into a contractual
agreement with the HOA, require the entire community's landscaping be handled by the same
contractor under the same contract. It is possible to get some economies of scale by having a
broad range of work done.
Mr. Mack asked will the HOA reimburse their share?
Mr. Cox responded the HOA can handle contracting, and the CID will pay its
proportionate share.
Mr. Gatti asked does the Board want to go out for bids?
Mr. Lambert responded yes.
Ms. Dillon asked are the bids open to everyone?
Mr. Cox responded yes.
Mr. Gatti stated you can require qualifications.
Mr. Cox stated all requirements will be laid out. Anyone can request these proposals and
bid.
Mr. Lambert asked should we require them to put a bid together and give it to us for any
additions or deletions?
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Port of the Islands C.LD.
Mr. Goscicki responded I suggest walking the Board through the scope and level of
services to ensure we are all in agreement at the next meeting. After we discuss, we want their
input as to what should be done in terms of possible improvements, and our own review of what
they have not done, and need to improve on.
Mr. Lambert stated we need to find out what is going to be involved with maintaining the
median. Although we are going to maintain it, we do not know exactly what must be done.
Mr. Cox stated we could probably get a good idea based on the square footage of the
medians because it is going to be mostly low maintenance work.
Mr. Dick stated Mr. Stephens was given the Port of the Islands Vehicle Policy, which I
will address with him when he returns from vacation.
Mr. Ziko stated you should address this issue at Tuesday's meeting at the plant.
FIFTH ORDER OF BUSINESS Supervisors' Requests and Audience
Comments
Mr. Bissell stated there are three reflector signs on the right side of Stella Maris Drive to
prevent anyone from driving into the canal. However, those same three signs on the south side
of the street were removed several years ago. Mr. Stephens has them stored at the plant since I
personally hauled them there after they were removed. I recommend those three signs be
installed back there for safety and liability.
Mr. Gatti stated Severn Trent Services will handle this.
Mr. Lambert stated with regards to the financial statements, we have items on our budget
for dues and licenses which appear in two places, one on Page 2 and one on Page 6. We have
money budgeted there, and have spent $47 to date. Have we overlooked a license payment?
Mr. Goscicki responded this applies to reimbursement of dues and licenses for the south.
Mr. Cox stated it has been in the system for so long, it likely gets paid automatically.
Mr. Lambert stated perhaps it is not showing up in the correct location, or we do not need
this line on our budget anymore.
Mr. Goscicki stated this line applies to the human resources side of the budget as dues
and fees associated with employee certifications.
Mr. Lambert stated according to the check register we wrote checks for $25,250 last
month, but the spreadsheets and financial statements show a discrepancy on what was spent.
How is it possible we wrote more checks than show up in these documents?
36
161128 1
September 23,2005 Port of the Islands C.I.D.
Mr. Goscicki responded these documents reflect the period ending August 31, 2005,
which I will review.
Mr. Lambert stated I realize you are having problems with your financial programs.
However, I find it irritating that this material is published, and if you are still having problems,
you should make us aware.
Mr. Goscicki stated the feature where the funds should self-balance one another has been
the problem, and we have been manually balancing the funds. This should be resolved within
the next two weeks. Do you want to see where this ties up to the expenditures for the month?
Mr. Lambert responded the spreadsheet shows expenses of $24,471, and I find it strange
that those two amounts are not the same. Also, there is a discrepancy on the expenses of
approximately $1,500, from the total of maintenance and water and sewer.
Mr. Goscicki stated we are manually correcting these errors.
Mr. Lambert stated I do not understand why we cannot look at the check register and
know not only who the check is paid to, but what it was for. This is a matter of modifying the
program to get the report, and we have the right as your client to ask for this.
Mr. Goscicki stated we essentially installed a whole new fiscal management software
system, and we are working with our clients to customize reports to their individual needs.
However, I am not in a position this month to do this. I believe we can come back in the next 60
to 90 days to discuss how you want these reports customized.
Ms. Dillon stated we received these reports in the past.
Mr. Goscicki stated we ran two separate and independent financial systems which limited
our capability as a business to grow, and one of them was limited in its capability to do any
customization. Therefore, we invested in a new program.
Mr. Lambert stated it is difficult to tell where we are financially with all this work we are
trying to accomplish, and I hope after the amount of time we have been dealing with this that we
have a product which we can view.
Mr. Goscicki stated we agree with you. This is not a product we are satisfied with, and I
brought in a team of five senior personnel from our corporate offices, including software analysts
and accounting staff to handle getting this reconciled.
Mr. Lambert stated I understand we will be able to have a precinct here to vote at the next
election, and there are some details to be taken care of. It will be helpful if a volunteer could
step forward to work with County personnel. We will have to train them to man the precinct,
37
1611281
September 23,2005
Port of the Islands C.LD.
and I have some numbers of people we need, as well as a list of who is registered to vote.
However, I am pressed for time to handle this alone.
Mr. Bissell stated I started the work of getting the precinct here approximately 1 ~ years
ago.
Mr. Lambert asked do you want to handle this?
Mr. Bissell responded yes.
Mr. Lambert stated I will give you all the information when you return.
Mr. Bissell stated Ms. Pat McKay was working on this. Have you spoken to her?
Mr. Lambert responded I spoke to Ms. McKay, and she does not have the time, nor is she
feeling well right now. We need another volunteer, unless you are going to handle it.
Mr. Bissell stated I am not going to do it.
Mr. Lambert stated if anyone wants to spearhead this, I can help them get started.
Mr. Ziko stated there is a check made out to Port of the Islands in the amount of $3,073.
Can you tell us why we are writing checks to ourselves? We asked this at the last meeting
because there was another check for approximately $3,000.
Mr. Goscicki responded it did not get on my "to do" list and I will check on it.
Mr. Ziko stated we spent $500 for TNT Fire Ant Service at the plant for the second time
this year. Why are we paying for this?
Mr. Goscicki responded I have to follow up with Mr. Stephens.
Mr. Ziko stated I do not know what the check to Voight's Service Center in the amount
of $620 was for. I believe it is for maintenance on a vehicle, but I would like to know the
specifics of the maintenance since these are high usage. I do not know what the check to Wilco
Electric Service was for. Perhaps they rewound a motor for the pumps, but it would be useful to
let us know what these expenditure are for.
We would like to receive the agenda package on a timely basis. What needs to be done
to receive the package one week before the meeting? This is totally unacceptable. I would like
to see these packages out the Friday before the meeting. We cannot be expected to review all
this material in one day.
Mr. Goscicki stated this month was exceptional, with three sets of minutes totaling more
than 100 pages.
Mr. Ziko stated I do want excuses. I want results.
38
September 23,2005
16 1128 1
Port of the Islands C.LD.
Mr. Goscicki stated this was a significant workload in terms of getting out that quantity
of minutes. It was a challenge, but we got them done and out to you, although we did not get
them done 10 days in advance. It is basically a two-week turnaround time to be able to produce
the minutes, get them to me to review, get them proof-checked, and out to the Board.
Mr. Ziko stated the other thing I would like is if you are going to sign these books do not
sign them if it is not you. This leads me to believe you reviewed this book, and when I received
it and I spoke to you, you said "oh no, somebody else signed it for me". I do not believe this is
right because you have not reviewed the book and you do not seem to care about issues we
discussed.
Mr. Goscicki stated the minutes are sent to me in advance for review before they are
added to the book. The final book is put together in the Coral Springs office, and is sent to you
the same time it is sent to me. Since I am in Sarasota, I ask them to sign it.
Mr. Ziko stated receiving the book the Friday before the meeting gives us seven days to
review this without being pushed.
Mr. Goscicki stated our goal has been to Fedex them out on Thursday for a Friday
delivery .
Mr. Ziko stated this has not happened for six months.
Mr. Goscicki stated we were close a few times. Fedex has also let us down when they
tried to do Saturday delivery on these, and then did not get them there on time.
Mr. Ziko asked can we have them the Friday before next month?
Mr. Goscicki responded I will give them to you the Friday before next month.
Ms. Dillon asked how are we doing on our phone situation, since I only see one Sprint
bill this month in the ledger?
Mr. Dick responded I have not reviewed this anymore than what we discussed at the last
Board meeting. However, Mr. Stephens is adamant he is not abusing it.
Ms. Dillon stated it was not that so much as we had many different telephone bills and
companies which seemed a waste of money.
Mr. Dick stated I understand he cancelled one which was assigned to someone else.
However, I will look into consolidating into one company.
Mr. Ziko asked have we consolidated the American Express cards?
Mr. Goscicki responded yes.
39
September 23, 2005
16 , 128 1"
Port of the Islands C.I.D.
Mr. Gatti stated I was at the County getting permits, and one of them is for the right-of-
way application which I passed out to you. If someone wants to do work within our right-of-way
they need to get permission from us and we should give them a set of criteria to follow.
Ms. Dillon stated I personally thought the builders already did this, especially with
regards to aerial and underground utilities.
Mr. Lambert asked are we connected with the system used here?
Mr. Gatti responded this does not require action today. However, if you think it is
worthwhile, we can consider it in the future.
Mr. Ziko stated we should review the plans.
Ms. Dillon stated it is important to be aware of any digging on your property.
Mr. Ziko stated on that premise, Mr. Mack has a similar situation with his neighbor.
Mr. Mack stated I reached an agreement with the builder and the owner. I am going to
relinquish I' of property in order to meet the 10' easement. As a result, there is no need for an
injunction on the property.
SIXTH ORDER OF BUSINESS
There being no questions or comments,
Approval of Check Register
On MOTION by Mr. Lambert seconded by Ms. Dillon with all in
favor the check register was approved.
SEVENTH ORDER OF BUSINESS
There being no further business,
On motion by Ms. Dillon seconded by Mr. Lambert with all in
favor the meeting was adjourned.
Adjournment
~X7
Ted is
Assistant Secretary
RidiM6 CMti
\! " C E:.. Chairman
40
Port of the Islands
Community Improvement District
Agenda
Friday
September 23, 2005
10:00 a.m.
I. Roll Call
2. Approval ofthe Minutes of the August 5, 26 and 30, 2005 Meetings
3. Discussion Items
A. Mosquito Control Options
B. Open Items
C. Operations Oversight Requirements
4. Staff Reports
A. Attorney
B. Engineer
i. Discussion of Draft Report on Utility Capacity
ii. Discussion of the Parkson MBR proposed Contract
C. Manager - Meeting Schedule for Fiscal Year 2006
D. Field Manager
5. Supervisor's Requests and Audience Comments
6. Approval of Check Register
7. Adjournment
161128 1
Egret Room
25000 Tamiami Trail
Naples, Florida
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
- - - - - - - -- - - -- - - - - - - -- - - -- - - - - - - - - -- ------ ------- --+- - --- - -- - ---
16 , 12B1
r
REFERENCE: 010948
59099326
Notice of Meetingpor
Imp
The Boar~!flf~uPllrvJ'_
sors of tht P >" f t~. '
Islands Co I' -
provementw "
hold their, . .' I
In. .g. a. t. 10.. '... ',m
~ay. Septe ~
atthll Egret Room. 25000 :
Tlim...l.4mlT.l rail., Naples, [
FI~r.Ii1a, Thll nteetlj1g Is
oP.llnlo tflt.. pUblic .and
will be. ~onih~cted Iii
accordance with the
provisions of Florida
Law for Community De-
veloPment Districts.
There may be occa.
slOIlli when one. or more
'-H~-":~i::'~""'*;"'~'o;.._?~,_,~;,,:-. "~"~
PORT OF THE ISLANDS
210 N UNIVERSITY DR #802
CORAL SPRINGS FL 33071
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 r~fund for the
purpose of securing this advertisement for
publiction in the said newspaper.
g~ telephone
I cation..,.
,.. \.- :-:~
Any P.!!,UOh'tequlrlng
specla accommoda.
tlons. ~t,thJs"roe~tlng
beeause 'of a dlsabmty
orp!tY.1 Sica. 1.lmpal.rln.ent
shoulCbcontact Ule. Pl~
trlct OffiCe at (9'54) 151'
0380 at least five cal-
I ~~y~~rIOr to th,"
, .'.. ." ...'...,........'...4fr.....j.'
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lloard with respectt'o
any matter considered
at the meeting Is . advls.
ed that person. 'w.' III.need
a record of the ~t:eed-
Ings anil that acc6fdlng.
Iy, the persOn may need
to ensure that a verba.
PUBLISHED ON: 09/16
AD SPACE: 70.000 INCH
FILED ON: 09/16/05
- - - - - -- -- - - - - -- - -- - - - - -- -- - - - - - -- - -- - - h - -- - -- - - -- + - - -- _ _ _ _ _ _ _ _ -iEd,W~ ~osclckl
Signature of Affiant <I. ~ i'.Aflr. NO.1203~
Sworn to and Subscribed ~efore me this ~ day of ~p~~ 20~
1,~.o-lA' _
thT( record of the pro. I
ceedlngs Is nlade. In-,
eluding the testimony
and evidence upon
',f.!ll,ctl such appeal, IS to:
".~lillSed. ,
Personally known by me
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Susan 0 Flora
My Commission D0382729
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16 , 128 1
Port of the Islands
Community Improvement District
Financial Reporting
Unaudited Financial Statements
as of
September 23, 2005
Port of the Islands
Community Improvement District
Combined Balance Sheet
September 23, 2005
1611281
Fund Types Thtals.
(memorandum
&sets. General Dent Service Enterprise only) 700S
Cash
Operating Account $804,529 $0 $837,701 $1,642,230
Accounts Receivable $6,124 $9,132 $15,255
Investments
State Board $459,415 $71,018 $530,433
State Board - Reserve $72,280 $72,280
Reserve Account $0
Revenue Account $791,033 $791,033
Redemption Account $3,887 $3,887
Sinking Fund $0
Accrued Interest Receivable $0 $0
Other Assets $200 $0 $200
Due from Other Funds $15,287 $23,211 $219,257 $257,756
Prepaid Expenses $0 $0 $0
Deposits $0 $0
Plant & Equipment $4,218,621 $4,218,621
Property $90,480 $90,480
Amount Available/Debt Service $0
Amount to be Provided/Long Term Debt $0
IITotal Assets $1,357,835 $818,131 $5,446,209 $7,622,17511
Liabilities
Accounts Payable $781 $781 $1,562
Due to Other Funds $242,469.41 15,287 $257,756
Customer Deposits $23,319 $23,319
Note Payable - Backhoe $9,734 $9,734
Bonds Payable $0
Matured Principal Payable $30,000 $30,000
Matured Interest Payable $548,100 $548,100
Fund Equity, Other Credits
Investments in General Fixed Assets $0
Contributed Capital $5,121,134 $5,121,134
Retained Earnings $275,955 $275,955
Fund Balances
Designated for Reserve $72,280 $72,280
Unreserved $1,042,304 $1,042,304
Reserved for Debt Service $240,031 $240,031
Reserved for Capital Projects $0
ITotal Liabilities, Fund Equity & Other Cred $1,357,835 $818,131 $5,446,209 $7,622,1751
- 1 -
16.f 128 1
Port of the Islands
Community Improvement District
General Fund
Statement of Revenues & Expenditures
For The Eleven Months Ended August 31, 2005
rorated Budget Actual
thru 8/31/05 thru 8/31/05 Variance
Revenues
Maintenance Assessments $725,780 $725,780 $1,047,636 $321,856
Interest/Miscellaneous Incom $1,200 $1,000 $13,105 $12,105
Total Revenues II $726,980 $726,780 $1,060,742 $333,962 II
Administrative Expenditures
Supervisors Fees $6,000 $5,500 $5,200 $300
Payroll Tax Expense $0 $0 $463 ($463)
Engineering Fees $16,500 $15,125 $33,102 ($17,977)
Attorney's Fees $12,000 $11,000 $15,302 ($4,302)
Annual Audit $6,400 $5,867 $397 $5,470
Compliance Services $0 $0 $0 $0
Management Fees $21,634 $19,831 $16,226 $3,606
Computer Fees $750 $688 $563 $125
Records Storage $50 $46 $0 $46
Rebate Calculation $625 $573 $0 $573
Trustee Fees $500 $458 $383 $76
Property Appraiser $11,581 $10,616 $0 $10,616
Assessment Roll $8,400 $7,700 $6,300 $1,400
Tax Collector $0 $0 $4,824 ($4,824)
Travel & Per Diem $250 $229 $0 $229
Telephone $350 $321 $82 $239
Postage $2,500 $2,292 $2,695 ($404)
Rentals & Leases $1,200 $1,100 $900 $200
Insurance $10,000 $10,000 $12,396 ($2,396)
Printing & Binding $2,000 $1,833 $1,207 $627
Legal Advertising $1,200 $1,100 $1,491 ($391)
Other Current Charge $600 $550 $463 $87
Office Supplies $350 $321 $288 $33
Dues & Licenses $175 $160 $0 $160
Capital Outlay $500 $458 $0 $458
Total Administrative Expend~ $103,565 $95,768 $102,279 ($6,511)11
-2-
Port of the Islands
Community Improvement District
161128 1
General Fund
Statement of Revenues & Expenditures
For The Eleven Months Ended August 31, 2005
rorated Budget Actual
thru 8/31/05 thru 8/31/05 Variance
Maintenance Expenditures
Personnel $56,467 $51,761 $57,922 ($6,161)
Overtime Pay $11,700 $10,725 $0 $10,725
Bonus Pay $900 $825 $0 $825
FICA Expense $5,284 $4,844 $4,431 $413
Health Insurance $3,630 $3,328 $4,849 ($1,521)
Pension $3,953 $3,624 $539 $3,085
Workers Compensation $3,700 $3,392 $3,031 $361
Landscape Maintenance $60,000 $55,000 $37,426 $17,574
Street Lighting $21,530 $19,736 $21,619 ($1,883)
Irrigation $6,500 $5,958 $4,995 $964
Rentals & Leases $2,850 $2,613 $2,691 ($78)
Maintenance - Roads $5,000 $4,583 $0 $4,583
Maintenance - Drainage $2,500 $2,292 $0 $2,292
Mosquito Control $13,500 $12,375 $6,794 $5,581
Repairs & Maintenance $5,000 $4,583 $0 $4,583
Operating Supplies $2,800 $2,567 $29 $2,538
Capital Outlay $35,000 $32,083 $0 $32,083
Capital Reserve $335,401 $307,451 $0 $307,451
Bad Debt $47,700 $43,725 $0 $43,725
Total Maintenance Expendittt $623,415 $571,464 $144,324 $427,140 II
Total Expenditures II $726,980 $667,232 $246,603 $420,629 II
Excess Revenues (Expenditurf $0 $814,139
Beginning Fund Balance $300,445
Ending Fund Balance $1,114,584
-3-
* Includes costs related to legal services
-4-
16 11281
Port of the Islands
Community Improvement District
Water & Sewer
Statement of Revenues & Expenditures
For The Eleven Months Ended August 31, 2005
Water & Sewer Prorated Budget Actual
Bud et thru 8/31/05 thru 8/31/05 Variance
Revenues
Maintenance Assessments $718,791 $658,892 $1,030,633 $371,741
Sewer Revenue $67,639 $62,002 $53,404 ($8,599)
Water Revenue $42,460 $38,922 $35,463 ($3,458)
Irrigation Revenue $40,000 $36,667 $55,337 $18,671
Meter Fees $5,250 $4,813 $8,750 $3,938
Interest/Mise Income $500 $458 $5,490 $5,032
Total Revenues II $874,640 $801,753 $1,189,077 $387,324 II
Administrative Expenditures
Supervisors Fees $6,000 $5,500 $5,200 $300
Payroll Tax Expense $0 $0 $463 ($463)
Engineering Fees $15,000 $13,750 $33,837 ($20,087)
Legal Fees $12,000 $11,000 $16,092 ($5,092)
Annual Audit $4,900 $4,492 $398 $4,094
Compliance Services $0 $0 $0 $0
Management Fees $21,634 $19,831 $16,226 $3,606
Computer Services $750 $688 $563 $125
Records Storage $50 $46 $0 $46
Trustee Fees $1,300 $1,192 $383 $809
Property Appraiser $11,470 $10,514 $4,512 $6,002
Arbitrage Calculation $625 $573 $0 $573
Utility Billing $8,925 $8,181 $0 $8,181
Travel & Per Diem $250 $229 $0 $229
Telephone $200 $183 $0 $183
Postage $1,500 $1,375 $865 $510
Rentals & Leases $1,200 $1,100 $900 $200
Printing & Binding $350 $321 $130 $191
Insurance $10,000 $10,000 $12,396 ($2,396)
Legal Advertising $1,400 $1,283 $1,491 ($207)
Other Current Charge $2,350 $2,154 $727 $1,427
Office Supplies $350 $321 $0 $321
Capital Outlay $500 $458 $0 $458
Bad Debt $90,258 $82,737 $0 $82,737
Total Administrative II $191,012 $175,928 $94,181 $81,74711
- 5 -
Port of the Islands
Community Improvement District
Water & Sewer
Statement of Revenues & Expenditures
For The Eleven Months Ended August 31, 2005
- 6-
16 , 128 1
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161128 1
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Port of the Islands
Community Improvement District
Summary Of Check Register
September 23, 2005
General Fund
II Date Check No. Amount II
08/01/05-08/31/05 50598-50636 $25,250.17
liT otal $25,250.17 II
1 6 I 1 28 1
Bank Account - Check Details September 16, 2005
Period: 08/01/05..08/31/05 Page 1
PORT OF THE ISLANDS HERNANDEZM
This report also includes bank accounts that only have balances.
Bank Account: Date Filter: 08/01/05..08/31/05
Check Printed Entry Origina Ba/. Bal. Account Entry
Date Check No. Description Amount Amount Voided Amount Status Entry S Accou No. No.
4130 PORT OF THE ISLANDS CID GF
Phone No.
08/05/05 50598 THEODORE R. BISSELL 184.70 000 0.00 Posted Emplo 1 210
08/05/05 50599 RICHARD A. GATTI 134.70 000 0.00 Posted Emplo 2 211
08/05/05 50600 RICHARD C ZIKO 184.70 0.00 000 Posted Emplo 4 212
08/05/05 50601 NORINE E. DILLON 184.70 0.00 0.00 Posted Emplo 7 213
08/09/05 50605 BOB DEAN SUPPLY, INC. 115.00 000 0.00 Posted Vendo VOOO09 217
08/09/05 50606 CLARK MOSQUITO CONTRO 3,346.80 0.00 000 Posted Venda 29 218
08/09/05 50607 FEDEX 168.12 0.00 000 Posted Vendo 12 219
08/09/05 50608 GMAC PAYMENT PROCESSI 456.44 000 0.00 Posted Vendo 68 220
08/09/05 50609 INDUSTRIAL AIR PRODUCTS, 5.00 000 0.00 Posted Venda VOOO03 221
08/09/05 50610 JOHN DEERE CREDIT 1,56078 0.00 0.00 Posted Venda VOOO06 222
08/09/05 50611 LEAHCHEM INDUSTRIES, IN 170.50 000 0.00 Posted Vendo V00012 223
08/09/05 50612 LEE COUNTY ELECTRIC, INC 115.85 0.00 000 Posted Vendo 37 224
08/09/05 50613 NAPLES DAILY NEWS 307.20 000 000 Posted Vendo 28 225
08/09/05 50614 NORTHERN TOOL & EQUIPM 136.23 0.00 0.00 Posted Vendo 50 226
08/09/05 50615 PARAMOUNT CHEMICALS 651.50 000 0.00 Posted Vendo VOO028 227
08/09/05 50616 PORT OF THE ISLANDS CID 3,073.11 000 0.00 Posted Venda VOO064 228
08/09/05 S0617 SANDERS LABORATORIES, I 43600 0.00 0.00 Posted Vendo VOO017 229
08/09/05 50618 SPRINT 9738 000 0.00 Posted Vendo VOOO04 230
08/09/05 50619 TNT FIRE ANT SERVICE INC SOO.OO 000 000 Posted Vendo VOO065 231
08/09/05 50620 VOIGHT'S SERVICE CENTER 620.35 0.00 0.00 Posted Vendo VOO066 232
08/09/05 50621 WILCO ELECTRIC. INC. 450.00 000 0.00 Posted Vendo V00016 233
08/11/05 50622 AM COOPER TRANSPORATI 45.58 000 0.00 Posted Venda VOO041 234
08/11/05 50623 BIG CYPRESS LANDSCAPE 3,751.80 0.00 0.00 Posted Venda 7 235
08/11/05 50624 LIQUID ENGINEERING CORP 73500 0.00 000 Posted Venda VOO062 236
08/11/05 50625 RICHARD GATTI 42.87 0.00 0.00 Posted Venda 20 237
08/12/05 50602 JAMES L. VENVERTLOH 623.69 000 000 Posted Emplo 6 214
08/12/05 50603 DAVID T. STEPHENS 1,89266 0.00 0.00 Posted Emplo 8 215
08/12/05 50604 FRANKIE A. CLAPHAM 771.41 000 0.00 Posted Emplo 10 216
08/17/05 50626 GATLIN ESSARY 46.01 0.00 0.00 Posted Venda VOO069 238
08/17/05 50627 PORT OF ISLANDrrEN THOU 49.77 0.00 0.00 Posted Venda VOO068 239
08/17/05 50628 TEN THOUSAND ISLE DEV L 84.95 0.00 0.00 Posted Vendo VOO067 240
08/22/05 50629 THEODORE R. BISSELL 184.70 000 0.00 Posted Emplo 1 241
08/22/05 50630 RICHARD A. GATTI 134.70 0.00 0.00 Posted Emplo 2 242
08/22/05 50631 DALE M. LAMBERT 184.70 0.00 0.00 Posted Emplo 3 243
08/22/05 S0632 RICHARD C. ZIKO 184.70 0.00 0.00 Posted Emplo 4 244
08/22/05 50633 NORINE E. DILLON 184.70 0.00 000 Posted Emplo 7 245
08/25/05 50634 JAMES L. VENVERTLOH 909.03 0.00 0.00 Posted Emplo 6 246
08/25/05 50635 DAVID T. STEPHENS 1 ,892 66 0.00 0.00 Posted Emplo 8 247
08/25/05 50636 FRANKIE A. CLAPHAM 63218 0.00 0.00 Posted Emplo 10 248
PORT OF THE ISLANDS CID GF 25,250.17 000 0.00
16 1128 1
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161128 2
MEMORANDUM
Misc. Correspondence Agenda
Date
Agenda Item #
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
....D
FROM:
Derek Johnssen, General Accounting Manager
Clerk of the Circuit Court/Finance Department
..o:n..1ji::':::.:::Qner.:'
DATE:
RE:
December 2, 2005
Miscellaneous Correspondence - BCC Agenda
Please place the following item on the next available BCC agenda and call me at extension 8350 with
the date and Miscellaneous Correspondence agenda item number.
Heritaae Greens Community Development District
1. Heritage Greens Community Development District has submitted the following item:
a. Minutes of Meeting held August 8, 2005,
Thank you
:\speciallspecial
Misc. Cones:
Date: J //0/ Ob
, ,
Item #: /!oJ a. 15 (:l)
Copies to:
161128 2
,
Heritage Greens
Community Development District
210 N. University Drive, Suite 800 . Coral Springs, Florida 33071
Telephone: (954) 753-0380 . Fax: (954) 796-0623
DATE:
November 17, 2005
MEMO TO:
Clerk of the Circuit Court
Finance Department
c/o Derrick Johnssen
P.O. Box 413016
Naples, FL 34112-3016
RE:
Minutes of the August 8, 2005 Meeting.
From:
Sandra H. Demarco
District Recording Secretary
Enclosed please find for your records a copy of the minutes of the above-referenced meeting of
the Board of Supervisors of the Heritage Greens Community Development District, which are to
be kept on file for public access during normal business hours.
Cc: For information purposes only:
James Mudd
Collier County Manager
Gov. Ctr. Admin. Bldg., 2nd floor
3301 East Tamiami Trail
Naples, FL 34112
Dan Cox, Esq.
P.O. Drawer CC
Carrabelle, FL 32322
Ken van Assenderp, Esq.
Young, vanAssenderp et al.
P.O. Box 1833
Tallahassee, FL 32302
\.
(~
Grau & Company, P.A.
2700 North Military Trail, #350
Boca Raton, FL 33431
161128 2
,
--~.
,- .
MINUTES OF MEETING
HERITAGE GREENS
COMMUNITY DEVELOPMENT DISTRICT
The meeting of the Board of Supervisors of the Heritage Greens Community
Development District was held on Monday, August 8, 2005 at 3:30 p.m. at the Heritage Greens
Community Center, 2215 Heritage Greens Drive, Naples, Florida.
Present and constituting a quorum were:
Paul Pacchiana
Curt D. Miller
Teri Costabile
James Keller
Michelle Shelton
Chairman
Vice Chairman
Assistant Secretary
Assistant Secretary
Assistant Secretary
Also present were:
John Petty
James Carr
John Gordon
Several Residents
Manager
Engineer
Resident
;') 20n~.
".. ,1),./
FIRST ORDER OF BUSINESS Roll Call
Mr. Pacchiana called the meeting to order and called the roll.
SECOND ORDER OF BUSINESS Approval of the Minutes of the July 11,
2005 Meeting
Mr. Petty stated each Board member received a copy of the July 11, 2005 meeting and
requested any additions, corrections or deletions.
Mr. Carr stated the last paragraph on page three should say Crestview Way.
On MOTION by Ms. Shelton seconded by Ms. Costabile with all
in favor the minutes of the July 11, 2005 meeting were approved as
amended.
THIRD ORDER OF BUSINESS
Public Hearing to Consider the Adoption
of the Budget for Fiscal Year 2006 and
Levy of Non Ad Valorem Assessments
for you to open the public hearing to consider the
Mr. Petty stated it is appropriate
adoption of the budget.
August 8, 2005
1 ~ , 1 , B ~.
~erit~ rneens ~D.
Mr. Pacchiana stated the hearing is open to the public. We have a proposed budget.
Mr. Petty stated in the past three months we have reviewed the preliminary budget for
consideration. We made some additions to the operating budget at last month's meeting for
specific projects within the community. We have a proposed budget of $147,371. Last year's
budget was $112,559 and the budget prior to that was $184,205. The budget mainly consists of
operational criteria we entered at the last meeting. Those are the biggest numbers to look at. The
details are on page six.
Under community appearance we have a total of $69,950. The breakdown is: sanitary
sewer cleanouts at $3,000, sidewalk curb ramp repair at $4,500, broken valley gutter curbing at
$2,500, lake littoral plantings at $20,000, drainage catch basins cleaning at $2,000, sidewalk
additions at $15,450 and road signs at $22,500. Administrative expenses are approximately
$72,000 and it pays for the management, accounting services, audit, assessment roll services, legal
engineering, wetlands maintenance and your speed bump program; although, that is expected to
be finished this year and not expected in next year's budget. The rest is the cost of doing
business such as postage, telephone, insurance, etcetera. You can take comments from the public
or the Board first.
Mr. Pacchiana asked are you comfortable with these numbers?
Mr. Carr responded yes.
Mr. Pacchiana asked has there been any change since the last meeting you feel needs
adjustment?
Mr. Carr responded not on next year's numbers. I want to mention the $30,000 for the
speed hump program. I have a number less than that. It is $25,000.
Mr. Pacchiana stated that is for this year's budget.
Mr. Miller stated after the last meeting we agreed not to put signs at all of the bumps.
We are reducing many signs from the community and I have an exact count. We are looking at
$32,000, but we have a couple of questions. There are three stop signs coming out of the private
pools and the golf club. I do not know if we are responsible for them or if they are.
Mr. Petty asked are they coming out of the facility?
Mr. Miller responded yes.
Mr. Petty stated they are not District responsibility if they are coming out of the parking
lot.
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August 8,2005
Heritage Greens C.D.D.
Mr. Miller stated there are a couple of places where I would like to see a triple or
quadruple sign. It is a little more expensive than the cost shown, but it is less expensive to do
that instead of two double signs. I still think $32,000 is a good figure.
Mr. Pacchiana stated at the last meeting you gave us a figure of $22,000. Do you not feel
$22,000 is going to be enough?
Mr. Miller responded no.
Mr. Petty stated there are two things you need to consider. One is to do the program at a
value of $22,500 for the following year doing as many signs as you can and then finish up the
next year. Secondly, you can increase the budget to whatever amount you think will complete
the project this year. The reason I bring the possibility of a second year is if you have a $30,000
increase in capital improvement this year and pull it out of the budget next year, assessments will
go down. You will have to let them go down because bringing them back up will be an issue. It is
better to do these things gradually on both ends if you can.
Mr. Miller stated the speed bumps are going to be $25,000 instead of $30,000 leaving us
with a reserve of $5,000. Can we use it towards this?
Mr. Petty responded if that is the Board's pleasure, but do not count on it because we
have not closed the books.
Mr. Pacchiana asked why do you not explain to the community exactly what you are
talking about?
Mr. Miller responded when you come into the community, the first stop sign by the
corner of Heritage Greens Drive and Morning Sun Lane, there is a sign going in both directions at
the last speed bump before you hit the three way stop. It says "speed hump" and it is in a green
post matching the mailboxes of the single family homes. All of the white posts in the community
are starting to fade and they are getting mildew. We are looking to change them so the signposts
match the mailboxes. This will add value to the community without putting a great deal of
expense out. We will pull out all of the white signs throughout the community, combining as
many signs as possible so we do not have a sea of signs going down the road.
Mr. Pacchiana stated we have to put ten more speed humps in the community. We were
originally going to have four signs per speed hump. Instead of having a sea of signs we are going
to put a sign at the beginning of the community saying there are speed humps. That will take the
place of many signs.
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Mr. Carr stated we received the approval from the county to put the ten speed humps in
without individual signs for each one. We will have one at the entrance to the community saying
"speed humps ahead."
Mr. Miller stated we can pull out the ones at the existing speed humps.
Mr. Pacchiana asked do we need any signs at all at the hump or will we have two signs
instead of four?
Mr. Carr responded you will not have the "speed hump" from either direction, but you
should still have the reflectors at the hump in order to keep any vehicles from driving off the road
and around it.
Mr. Miller asked are we going to continue to have two different speed limits?
Mr. Petty responded this is a public hearing on the budget. We can discuss these
comments under the regular section of the meeting. We need to discuss expenditures and
revenues.
Mr. Pacchiana stated we saved money by reducing the number of signs, but we increased
the cost because we eliminated taking away some of the older signs. That is one of the reasons
for the increase in the budget.
Mr. Gordon asked you are putting a sign at the beginning of the community for the speed
humps, but what will show them up everyplace else?
Mr. Miller responded you will have the stripes in the road coming up to the speed humps
and you will have the reflectors near the sign.
Mr. Carr stated there are some reflectors on the hump and there is also the white stripes
leading up to them.
Mr. Gordon stated I am assuming you will also put in green posts like the mailboxes.
Mr. Miller stated not at the bumps.
Mr. Gordon stated I mean the sign.
Mr. Miller stated all of the white posts with signs will be taken out and replaced with
green posts.
Mr. Pacchiana stated there will not be signs at each speed hump.
Mr. Gordon stated I understand. My concern is the dark posts do not show up.
Mr. Miller stated all of the signs we are doing are going to have the standard reflector
Signs. They will standout with headlights.
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Heritage Greens C.O.D.
Mr. Petty stated they are called double reflector signs and they do show up. I noticed it
on the way in. The green blends in, which is part of the intent. It makes the community look
cleaner and less cluttered. It is part of the aesthetic value we are looking at. When you are
driving in the sign will appear just as bright as it always did.
A resident asked when we consolidate the signs, how many signs will we have?
Mr. Miller responded we will have 38 signs if we can consolidate. I do not know how
many we have now. It is more than 38.
Mr. Petty stated we can participate with the HOA and other entities within the District
if they wish to attach to a District sign. It will be a policy decision of this Board.
Mr. Pacchiana stated an issue that came up regarding engineering costs were the sidewalks
not being installed. We have $15,450 for it in this budget. Some of it is due to a previous
contract.
Mr. Miller stated Colonial Homes stopped at the condos. They did not continue past the
buildings. If we are going to pay for it, we should put Colonial Homes on notice and tell them it
is their responsibility before we pay for it. I do not know who is going to pay for it from across
the golf course down to Morning Sun Lane.
Mr. Keller stated I looked at the project this morning again. Where are we going to put
the sidewalk? How far are they going to be from the street? Will they be the same as they are
now? If they are, you will have to move approximately a dozen trees and 14 pieces of shrub.
Mr. Miller stated they are on golf course property.
Mr. Keller stated you are going across the golf course property on the other end over to
Morning Sun Lane.
Mr. Carr stated we will do it on the right of way line. There is a 50' or 60' right of way.
Mr. Keller stated I have complained about this from the beginning. We do not get any
surveillance here by people doing work for us. Someone has to look at it because it is not
$15,000. You are going to have to remove trees, unless you change the routing. If the county
allows you to change the routing, that is another problem. You will be putting the sidewalk
closer to the street by approximately four feet. If you do this, there are approximately 15
hardwood trees which have to be removed and there is about four or five pieces of shrub.
Engineering should be looking at this thing before giving a number of $15,000, because it is
going to cost more money. If your figure only considers the concrete as well as the forming of
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the concrete, it is not enough. You have interference problems unless you change the routing. If
you change the routing, you have to get a document telling the county what you are doing. If the
original drawings show where the other parts are, we have a big problem.
Why are we putting the money up front for something someone else is responsible for? I
cannot understand why we have it in the budget. It is someone else's responsibility. They have
to become a part of this program. We are not going back after we do it and asking for money.
That is a phony number and should not be in there.
Mr. Pacchiana stated we do not have an approved subdivision. We have to get this thing
approved because they keep moving it. They keep making us comply with the newer
regulations.
Mr. Keller stated you cannot put the money in there, spend other people's money and
then expect to get it from them.
Mr. Pacchiana stated the only reason they are allowing us to put the speed humps in is
because we agreed to do these other things as well. We have to do these other things. The
county has the final say on whether or not to approve them.
Mr. Keller stated if you made that agreement, it is not a sound agreement.
Mr. Pacchiana stated we did not make an agreement. The county does not care. If you
do not want the speed bumps, then do not put them in. If you want them, this is what they
want us to do.
Mr. Keller stated you have to go back to square one. You have to make the people
responsible for building this place make this right. People should not be putting money out to
protect the developer.
Mr. Pacchiana stated we should initially contact Colonial Homes, but we are here at the
budget meeting. Should it be allocated to avoid winding up in litigation for two years with them
and not being able to put a sidewalk in there or get our final subdivision approved?
Mr. Keller responded we have to know where we stand. We cannot make assumptions.
Mr. Petty stated you have to consider some points. This is your community, not the
developers. You have to consider how long the people living here will wait for the community to
come to completion. If you want to get your attorney involved in this, Mr. Cox is excellent at
litigation. To litigate against this contractor will cost at least the numbers you are discussing for
the sidewalk. If you get into litigation with this developer, it is probable it will cost you six
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figures. He has attorneys on staff and he will start turning papers at us to see where the end of
our rope is.
The developers are communicating with us. They are being reasonable at this point as
long as litigation is not an issue. When litigation becomes an issue they turn it over to their
attorneys and then we start doing billable hours. What you have in front of you is a budget
completing the project for your community. It does not penalize anyone because the developer
forgot, had a side deal or left it up to someone else's responsibility inside a contract we never
saw. The continuation of sidewalks could have been in the condo development contract for all
we know.
Mr. Pacchiana stated the money is here. Ifwe can get the developer to come up with the
money, the money is there in the budget and we can use it for the signs or next year's budget will
be a lower amount. $15,000 for 500 homes is $30 dollars a home. It is the principal, I
understand.
Mr. Keller stated I do not believe we can do it for $15,000. That is what I am worried
about.
Mr. Pacchiana stated it is a target at this point. Ifwe can do it for $15,000 and we can get
Colonial Homes to put in $15,000, maybe we can do it for $30,000.
Mr. Keller stated I do not think that way.
Mr. Pacchiana stated we have to get this done.
A resident stated we signed a release at Turnover.
A resident responded you released the HOA. You did not release the community.
Mr. Pacchiana stated I did not see the release you executed. You would not be authorized
to sign a release on behalf of the CDD.
Mr. Petty stated there was no contract between the CDD and the developer for so many
feet of sidewalks. This was between the developer and the county. They tried to get the District
involved. The District put up a note saying we will pay for and install the capital infrastructure
stated in the plan. We may end up holding the bag at the end of the day, but I am not sure what
the legal avenues will be when we can go back to the developer under a legal note. We did not
have the contract. It can be under the operational responsibilities of the Chair at the time, who
was the developer and was acting in good faith. It is not the same as the HOA and the developer.
This is between us and the developer, which I understand is trying to communicate.
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Heritage Greens C.D.D.
Mr. Pacchiana stated it is not black and white. There are a great deal of legal issues
involved. They all have to be analyzed.
Mr. Keller stated you have to establish a routing before you can do anything about
pricing. It takes detailed work between engineering and the county.
Mr. Pacchiana stated you are talking about spending money. We are talking about
collecting money. What do you propose we collect for this budget?
Mr. Keller stated we have to get the people responsible for coming up with the money to
understand what we are doing.
Mr. Pacchiana stated we have to vote on this budget today. Do you disagree with the
budget as it is being presented?
Mr. Keller responded I disagree with the golf course plants. I do not understand what it
is all about. The $20,000 is another issue. What is out there now that was not there before? I
moved here in 1998. I do not see anything different about the golf course lakes. What is this
$20,000?
A resident stated the developer is not aware they may be charged $15,000 to $20,000.
You spoke out earlier that they were up to cooperating. Does the person responsible for putting
in the sidewalks know anything about it at this point?
Mr. Petty responded we do not have any connections with Colonial Homes. We have a
working relationship with the developer, Ronto Construction, who has been working with us as a
government entity and with the county as a government entity. That is who we would be talking
to. If they sold land to a third party developer, such as Colonial Homes, we would look to
Ronto Construction to do whatever they thought necessary. Before the meeting we were
discussing what Ronto Construction was aware of with the HOA representative. They are aware
of a shortfall between what was expected of them in a county government and what they finished
with. It is not a significant amount of money to a developer of that size. If we have reasonable
communication with the representative of the District, you will get a reasonable response. If it is
not reasonable, you can ask your attorney. In the meantime, you should budget the dollars
necessary to fix the issue because the county will raise the stakes the next time. Whether it be
speed humps, entry gates or trash cans, the county will close the window of opportunity our
engineer has worked six months to open. It is appropriate for you to look at funding the money
and expending the fund under a detailed Board review process.
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August 8, 2005
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Mr. Keller stated I do not understand what was out there. There has not been anything
out there at all. What is this amount to?
Mr. Miller stated we are past the issue. That is what the last two months was spent
talking about. We are now here to approve it. Let us not go into a debate about it now. It is too
late. We can debate it when it comes down to spending it.
A resident asked is this the first meeting you received the budget?
Mr. Petty responded the preliminary budget was brought to the Board's attention over
three months ago. At last month's Board meeting we discussed these operating criteria as
detailed by the engineer. We added very specific line items to the budget under review and it was
part of the agenda package. This is not something that popped up today. A decision has to be
made today. This is a public hearing to get comments, but a decision has to be made today to get
this on the property appraiser's and revenue collector's roll in order to get the assessments in.
A resident asked does the county not inspect what we plan for the property? How will
the humps be put in there without sidewalks?
Mr. Carr responded the sidewalks are shown on the subdivision plans. They are to go
within the right of way. All of the improvements on the condo property are the driveways, the
buildings and the landscaping. The sidewalk would have been part of the right of way.
Technically it is not in that area. The inspector should have noted that the sidewalks were
supposed to be in there. They are not physically on the condo property.
Mr. Pacchiana stated I hesitate to add any more money to this budget considering we
have enough issues and recourse against third parties. I would rather not add another $10,000 to
this budget.
Mr. Petty stated it is appropriate for you to close the public hearing to consider the
matter.
Mr. Pachianna stated the public hearing is closed. Do we have a motion to adopt the
proposed budget for fiscal year 2006?
Mr. Petty stated I will read the resolution by title for the record. It is Resolution 2005-4
adopting the final budget of the Heritage Greens CDD for fiscal year 2006.
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Heritage Greens C.D.D.
On MOTION by Mr. Miller seconded by Mr. Pacchiana with Mr.
Miller, Mr. Pac chi ana, Ms. Shelton and Ms. Costabile voting aye
and Mr. Keller voting nay, Resolution 2005-4 adopting the fInal
budget for fiscal year 2006 was adopted.
Mr. Petty stated approval of the budget happens in two steps. The second step is
Resolution 2005-5 which is a resolution levying a non ad valorem maintenance assessment for the
general fund and a non ad valorem assessment for the debt service fund of the Heritage Greens
CDD for fiscal year 2006. The debt service fund amount is $0.
On MOTION by Ms. Shelton seconded by Ms. Costabile with all
in favor Resolution 2005-5 levying non ad valorem assessments
was adopted.
FOURTH ORDER OF BUSINESS Consideration of Resolution 2005-6
Extending the Terms of Office to Even
Numbered Years
Mr. Petty stated the Supervisor of Elections would like to have the elections with
everyone else. It makes for their office to be more effIcient and less costly. To do this you will
adopt this resolution as allowed under statute. It will extend the terms of three Board members
for an additional year to bring us in line with the national election time frame.
Mr. Pacchiana asked will there be any additional cost to the community?
Mr. Petty responded no. There will be a better working relationship with the Supervisor
of Elections.
On MOTION by Mr. Miller seconded by Mr. Keller with all in
favor Resolution 2005-6 extending the terms of office to even
numbered years was adopted.
FIFTH ORDER OF BUSINESS Staff Reports
A. Attorney
There not being any, the next item followed.
B. Engineer
Mr. Carr stated we have approval to do ten speed humps. It has been put out to several
contractors. I have one price of $25,284 and we can go forward with it or I can get additional
bids. It is appropriate to get additional pricing to see if anything comes in at less.
Mr. Miller asked how much time are we looking at to get one or two more bids?
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August 8, 2005
Heritage Greens C.D.D.
Mr. Carr responded I will probably have it in 14 days.
Mr. Keller asked did you get a price from Better Roads?
Mr. Carr responded I can get one from other contractors, Better Roads included.
Mr. Petty stated this is below the state mandated minimum for competitive bid, but you
can have competitive bid for whatever you like. It does not meet the minimum required by the
state where you will have to go to competitive bids.
Mr. Miller stated Better Roads wanted to give us a $30,000 bid a year ago.
Mr. Petty stated your engineer feels this is a very good price.
Mr. Pacchiana asked does this quote include the reflecting signs at the humps?
Mr. Carr responded I will get a formal price from them. The estimator gave me the price
based on the previous plan which included the two speed hump signs. It should be a little less
than what we have.
Mr. Pacchiana stated I would like to get two prices.
Mr. Petty stated the only thing you have to consider and the reason we brought up the
price for you to decide on is because we meet once a quarter. If we go out to bid, it will be
approximately three months before you can look at this.
Mr. Pacchiana stated my understanding is you are going to take the lowest bid. We are
granting you our approval as long as it is less than the budgeted amount.
Mr. Petty stated we can do that. We will need a motion authorizing the engineer to
execute the contract as long as it does not exceed a certain amount.
On MOTION by Mr. Miller seconded by Mr. Shelton with all in
favor the engineer was authorized to execute the contract for the
speed humps within the community subject to his best review of
an additional price.
Mr. Miller asked once you pick the bid you want, how long will it be before we see
people out here?
Mr. Carr responded within a few weeks. I will get the information from them.
Mr. Keller asked where do your drawings stand?
Mr. Carr responded those are approved by the county and are ready to go.
Mr. Keller asked do you have them located?
Mr. Carr responded yes.
1 1
August 8, 2005
1 QJJ~~c?o,
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Mr. Pacchiana asked can you give us a few days notice to let us know when you are
coming out?
Mr. Carr responded yes.
Mr. Petty stated people can watch the construction from a safe distance, but I do not
recommend we notify the residents to do this. These people will be working under the
supervision and direction of your engineer. He will have specific site layouts. If they have a
problem with the site layout, we will need to get the engineer back on site versus making a
contractor respond. He is not going to be able to tell what is right or wrong, but the engineer can.
Mr. Pacchiana asked can you notify one of the supervisors?
Mr. Carr responded I will do that.
Mr. Pacchiana asked what is next?
Mr. Carr responded the pothole by the sidewalk entrance has been taken care of by the
county.
C. Manager
Mr. Petty stated I have put the proposed meeting schedule for next year in your package.
We do this because it is less expensive to advertise all the meetings at once versus paying for the
advertisement four times. The schedule can be adjusted.
Mr. Miller stated I would like to have the July 3, 2006 meeting moved. It will be a four
day weekend for many people.
There was Board consensus to move the July 3, 2006 meeting to July 10, 2006 and to
have all the meetings at 6:00 p.m.
On MOTION by Mr. Pacchiana seconded by Mr. Miller with all
in favor the meeting schedule for fiscal year 2006 was approved as
adopted.
Mr. Petty stated we included the financials in your package.
SIXTH ORDER OF BUSINESS Supervisors Requests and Audience
Comments
A resident asked can you have a meeting regarding the issue with the golf course, the lakes
and the sidewalks so the public can have input?
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Heritage Greens C.D.D.
Mr. Petty responded it is not the Golf Club's responsibility, it is part of the water
management system, which is the District's responsibility. The golf course may get the benefit,
but they will be inconvenienced by any construction we run through there.
A resident asked are the lakes the CDD's responsibility?
Mr. Petty responded yes.
A resident stated we were told they were the golf course's responsibility.
Mr. Petty stated when it comes to the construction of the lakes, before they are turned
over for maintenance, it is up to the District to build them to a certain standard. It is the
District's responsibility. I understand you want to get as much money possible from an outside
entity, but I do not see that coming from the golf course in this regard.
Mr. Pacchiana stated they have the responsibility to maintain, but not to restore.
Mr. Petty stated they have the responsibility to maintain around the lakes. Inside the
lakes we have drainage easements. We are trying to take care of the water quality issues. It is
going to require a certain quality of water leaving this establishment. We have the easements over
the lakeside in order to exercise drainage rights.
Mr. Keller asked if the water looks the same as it did in 1998, why do we have to do
anything different?
Mr. Petty responded the county never accepted it as being complete according to their
standards?
Mr. Pacchiana asked can we get the details involved in the littoral plantings before we get
involved in it?
Mr. Carr responded yes.
Mr. Petty stated we got into discussions like this one regarding our responsibilities three
meetings ago. If you want the speed humps completed, we need to have the county sign off on
the subdivision. These items are on the to do list for the subdivision. The engineer has worked
with the county to bring the number down to its current level. Dual diligence should be shown
on the expense and execution.
Mr. Keller asked what is the parameter to maintain it?
Mr. Pacchiana responded I suggest we get a letter from our attorney indicating what the
responsibilities are.
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August 8, 2005
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Heritage Greens C.O.D.
SEVENTH ORDER OF BUSINESS Adjournment
There being no further business, the meeting was adjourned.
s Keller
sistant Secretary
Paul Pacchiana
Chairman
14
Monday
August 8, 2005
3:30 P.M.
161128 2
AGENDA
HERITAGE GREENS
COMMUNITY DEVELOPMENT DISTRICT
Heritage Greens Community Center
2215 Heritage Greens Drive
Naples, Florida
1.
Roll Call
2.
Approval of the Minutes of the July 11, 2005 Meeting
3.
Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2006
and Levy of Non Ad Valorem Assessments
4.
Consideration of Resolution 2005-6 Extending the Terms of Office to Even
Numbered Years
5.
Staff Reports
A. Attorney
B. Engineer
C. Manager
1. Meeting Schedule for Fiscal Year 2006
11. Financial Statements
6. Supervisors Requests and Audience Comments
7. Adjournment
.
Naples Daily News
Naples, FL 34102
161128 2
4J "'.....:
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Affidavit of Publication
Naples Daily News
--------------------------------------------------+---------------------------
HERITAGE GREENS COMMUNITY
DEVELOPMENT DISTRICT
210 N UNIVERSITY DR #702
CORAL SPRINGS FL 33071
PUBLISHED ON: 07/20 07/27
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REFERENCE: 027769
59063935
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Angela Bryant, who on oath says that she
serves as Assistant Secreta~ of the Naples Daily
News, a daily newspaper pub11shed 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.
'.'. .
AD SPACE: 122.000 INCH
FILED ON: 07/27/05
-----------------------------------~~-----+---------------------------
Signature of Affiant ~~~~,k _
Sworn to and Subscribed before me tbis ;(~~ 20 IJ)5
Personally known by me ~.vv.> ,4 "0-
Nil lh1l:z1.
",, Harriett Bushong
'~j;>l\.,.r~~ MY COMMISSION # I)D?~46B9 EXPIRE~
: :k~ July 24, 2007
'\... ,.'"l ~ONDED THRU TROY FAIN INSURANCE.1NC
" ,
161128 2
RESOLUTION 2005-4
A RESOLUTION ADOPTING THE FINAL BUDGET OF THE
HERITAGE GREENS COMMUNITY DEVELOPMENT
DISTRICT FOR FISCAL YEAR 2006
Whereas, the District Manager has heretofore prepared and submitted to the Board, for
approval, the District's proposed Operating Budget for the ensuing fiscal year; and
WHEREAS, a public hearing has been held on this 8th day of August 2005, at which
members ofthe general public were accorded the opportunity to speak prior to the adoption of
the final budget;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE HERITAGE GREENS COMMUNITY
DEVELOPMENT DISTRICT;
1. The Operating Budget heretofore submitted to and approved by the Board is hereby
adopted as the final Operating Budget of the District for Fiscal Year 2006.
2. A verified copy of said final Operating Budget shall be attached as an exhibit to this
Resolution in the District's "Official Record of Proceedings".
Adopted this 8th day of August, 2005.
Q;;J
Paul Pacchiana
Chairman
~~
Mich Ie Shelton ~
Assistant Secretary
Heritage Greens
Community Development District
Proposed Operating Budget
Fiscal Year 2006
August 8, 2005
161128 2
- - -------- --- -------.------ -- ---- - -- - - - --,
Heritage Greens
Community Development District
16 1128 2
~
Table of Contents
Fiscal Year 2006
Section
Paaes
General Fund 001
Summary
1-2
District Administration
3.4
Community Appearance
5-6
16 1128 2
Heritage Greens
Community Development District
General Fund 001 Summary
Fiscal Year 2006
Fund Description:
General Fund 001 is used to account for the administrative as well as operation and maintenance activities pertaining
to the District.
Summary by Category
Actual Adopted Projected Proposed
FY 2004 FY 2005 FY 2005 FY 2006
Revenues
Assessments $67,405 $111,359 $111,359 $146,171
Interest Income $1.543 $1,200 $1,200 $1,200
Miscellaneous $0 $0 $0 $0
Total Revenues $68,948 $112,559 $112,559 $147,371
expenditures
Personal Services $4,521 $5,383 $5,383 $5,383
Operating Expenses $179,683 $107,176 $98,261 $104,038
Capital Outlay $0 $0 $0 $37,950
Total Expenditures $184,205 $112,559 $103,644 $147,371
Page 1
161128 2
Heritage Greens
Community Development District
General Fund 001 Summary
Fiscal Year 2006
Summary by Function
Actual
FY 2004
Adopted
FY 2005
Projected Proposed
FY 2005 FY 2006
Revenues
Assessments
Interest Income
Carryforward Fund Balance
Total Revenues
$67,405
$1,543
$0
$68,948
$111,359
$1,200
$0
$112,559
$111,359
$1,200
$0
$112,559
$146,171
$1,200
$0
$141,311
Expenditures
District Administration $184,205 $112.559 $103,644 $77 ,421
Community Appearance $0 $0 $0 $69,950
Total Expenditures $184,205 $112,559 $103,644 $141,311
Beginning Fund Balance $116,074 $817 $817 $9.732
Ending Fund Balance $817 $817 $9,732 $9,732
Actual Adopted Projected Proposed
FY 2004 FY 2005 FY 2005 FY 2006
General Fund 001 Assessments $67,405 $111,359 $111,359 $146,171
Assessable Units 527 527
Per Unit Assessment $211 $277
Page 2
16l.112i 2
Heritage Greens
Community Development District
General Fund 001
District Administration
Fiscal Year 2006
Department Function:
Provides for services in support of District functions as provided for in the Florida Statutes, which include Distric
Supervisors, Management, Administration, Public Records, Finance, Legal, Engineering, Audit and Special
Actual Budget Projected Proposed
FY 2004 FY 2005 FY 2005 FY 2006
Cateaorv
Personal Services $4,521 $5,383 $5,383 $5,383
Operating Expenses $179,683 $107,176 $98,261 $72,038
Capital Outlay $0 $0 $0 $0
Total District Administration $184,205 $112,559 $103,644 $77,421
Page 3
161128 2
Heritage Greens
Community Development District
General Fund 001
District Administration
Fiscal Year 2006
Account Description
Personal Services
Soard of Supervisors
Sub-Total
Operating Expenses
Professional Services
Management
Accounting Services
Accounting Services-GASS 34
Audit
Assessment Roll Services
Legal
Engineering
Wetlands Maintenance -
Speed Sump Program
Postage
Telephone
Insurance
Printing & Reproduction
Legal Advertising
Contingencies
. Office Supplies
Annual District Filing Fee
Collection Fees & Early Payment Discount
Sub-Total
Total District Administration
Actual
FY 2004
$4,521
$4,521
$35,000
$8,000
$0
$5,200
$5,000
$3,458
$10,062
$4,500
$0
$915
$385
$6,000
$995
$2,267
$92,836
$198
$175
$4,692
$179,683
$184,205
Budget
FY 2005
$5,383
$5,383
$25,000
$5,000
$7,500
$7,000
$5,000
$1,500
$2,500
$5,000
$30,000
$750
$400
$6,500
$1,000
$500
$500
$500
$175
$8,351
$107,176
$112,559
Projected
FY 2005
$5,383
$5,383
$25,000
$5,000
$0
$6,335
$5,000
$1,500
$3,000
$5,000
$30,000
$750
$400
$5,000
$750
$1,000
$500
$500
$175.
$8,351
$98,261
$103,644
Proposed
FY 2006
$5,383
$5,383
$25,000
$5,000
$0
$6,500
$5,000
$1,500
$3,000
$5,000
$0
$750
$400
$6,000
$750
$1,000
$500
$500
$175
$10,963
$72,038
$77,421
Budaet Hiahliahts:
Due to the completion of the Speed Sump Program and the discontinuation of the need for GASS 34 Accounting,
the District projects that its administrative costs for the Fiscal Year 2006 will decrease by approximately 37% or
Page 4
1611282
Heritage Greens
Community Development District
General Fund 001
Community Appearance
Fiscal Year 2006
Department Function:
Provides for services in support of District functions as provided for in the Florida Statutes, which includes
community appearance upkeep and repairs, as well as sidewalk additions amd signs.
Page 5
16112B21:J
Heritage Greens
Community Development District
General Fund 001
Community Appearance
Fiscal Year 2006
Actual Budget Projected Proposed
Account DescriDtion FY 2004 FY 2005 FY 2005 FY 2006
Personal Services
Community Appearance $0 $0 $0 $0
Sub-Total $0 $0 $0 $0
Operating Expenses
Sanitary Sewer Cleanouts $0 $0 $0 $3,000
Sidewalk Curb Ramp Repair $0 $0 $0 $4,500
Broken Valley Gutter Curbing $0 $0 $0 $2,500
Lake Littoral Plantings $0 $0 $0 $20,000
Exotic Removal in Preserves $0 $0 $0 $0
Drainage Catch Basins Clearing $0 $0 $0 $2,000
Sub-Total $0 $0 $0 $32,000
Capital Outlay
Sidewalk Additions $0 $0 $0 $15,450
Road Signs $0 $0 $0 $22,500
Sub-Total $0 $0 $0 $37,950
Total Community Appearance $0 $0 $0 $69,950
Page 6
16 1128 2
RESOLUTION 2005-5
A RESOLUTION LEVYING A NON AD VALOREM
MAINTENANCE ASSESSMENT FOR THE GENERAL
FUND AND A NON AD VALOREM ASSESSMENT FOR
THE DEBT SERVICE FUND OF THE HERITAGE
GREENS COMMUNITY DEVELOPMENT DISTRICT
FOR FISCAL YEAR 2006
WHEREAS, certain improvements existing within the Heritage Greens
Community Development District and certain costs of operation, repairs and
maintenance are being incurred; and
WHEREAS, the Board of Supervisors of the Heritage Greens Community
Development District find that the District's total General Fund operations, taking
into consideration other revenue sources during Fiscal Year 2006, will amount to
$146~171.00; and
WHEREAS, the Board of Supervisors of the Heritage Greens Community
Development District finds the District's Debt Service Fund Assessment during
Fiscal Year 2006 will amount to $0.00; and
WHEREAS, the Board of Supervisors of the Heritage Greens Community
Development District finds that the costs of administration of the Debt Service
Fund provide special and peculiar benefit to certain property within the District;
and
WHEREAS, the Board of Supervisors of the Heritage Greens Community
Development District finds that the assessments on the affected parcels of
property to pay for the special and peculiar benefits is fairly and reasonably
apportioned, in proportion to the benefits received in accordance with the
District's Assessment Methodology;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE HERITAGE GREENS COMMUNITY
DEVELOPMENT DISTRICT OF COLLIER COUNTY,
FLORIDA;
161128 2
Section 1. A special assessment for maintenance and debt servIce as
provided for in Chapters 190.021(3), Florida Statutes, (hereinafter referred to as
assessment) is hereby levied on the platted lots within the District.
Section 2. That the collection and enforcement of the aforesaid
assessments on platted lots shall be by the Tax Collector serving as agent of the
State of Florida in Collier County (Tax Collector) and shall be at the same time
and in like manner as ad valorem taxes and subject to all ad valorem tax
collection and enforcement procedures which attend the use of the official annual
tax notice under Chapter 190.021(3), Florida Statutes.
Section 3. That the said assessment levies on platted lots included in the
District to be levied upon, are hereby certified to the Collier County Property
Appraiser, to be extended on the Collier County Tax Roll and shall be collected by
the Tax Collector in the same manner and time as Collier County taxes. The
proceeds therefrom shall be paid to the Heritage Greens Community Development
District.
Section 4. Be it further resolved, that a copy of this Resolution be
transmitted to the proper public officials so that its purpose and effect may be
carried out in accordance with law.
PASSED AND ADOPTED this 8th day of August, 2005, by the Board of
Supervisors of the Heritage Greens Community Development District, Collier
County, Florida.
.~
~on
Assistant Secretary
161128 2
~
RESOLUTION 2005-6
A RESOLUTION OF THE BOARD OF SUPERVISORS OF
THE HERITAGE GREENS COMMUNITY DEVELOPMENT
DISTRICT EXTENDING THE TERMS OF OFFICE OF TIlE
SUPERVISORS TO COMPLY WITII CHAPTER 190.006 2.c.,
FLORIDA STATUTES
WHEREAS, the Governor of the State of Florida signed Senate Bill 2984 which, amends
the electoral process for members of the Board of Supervisors for Community Development
Districts; and
WHEREAS, Florida Statutes, Chapter 190.006 2.c., requires all elections of qualified
electors of the District to be held at a general election in November on even numbered years; and
WHEREAS, the Heritage Greens Community Development District was established in
1993, an odd-numbered year; and
WHEREAS, there are members of the Board of Supervisors whose terms currently end in
odd-numbered years; and
WHEREAS, owing to election laws and timing issues, it was not possible to schedule an
election for the Board in November, 2004.
NOW, THEREFORE, BE IT RESOLVED BY THE
LANDOWNERS AND BOARD OF SUPERVISORS OF THE
HERITAGE GREENS COMMUNITY DEVELOPMENT
DISTRICT;
1. The terms of the three members of the Board of Supervisors that end in 2005, Seats
currently occupied by: Paul Pacchiana, Curt D. Miller, and James Keller, are hereby extended to
November 2006.
2. The terms of the two members of the Board of Supervisors that expire in 2007, Seats
currently occupied by: Michele Shelton and Teri Costabile, are hereby extended to November
2008.
3. A copy of this Resolution shall be provided to the Supervisor of Elections of Collier
County and the District Manager is directed to take all actions consistent with this Resolution.
1
161128 2
4. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED THIS, 8th DAY OF AUGUST.
Mich~'~
Assistant Secretary
(]:);)
Paul Pacchiana
Chairman
2
16 , 128 2 .~
Notice Of Meetings
Heritage Greens Community
Development District
The Board of Supervisors of the Heritage Greens Community Development
District will hold their meetings for Fiscal Year 2006 at the Heritage Greens Community
Center, 2215 Heritage Greens Drive, Naples, Florida on the first Monday of the month as
follows:
November 7, 2005 at 6:00 p.m.
February 6, 2006 at boo p.m.
May 1,2006 at 6:00 p.m.
July 1, 2006 at ~:OO p.m
)0
There may be occasions when one or more Supervisors will participate by
telephone. At the meeting location there will be present a speaker telephone so that any
interested person can attend the meeting at the meeting location.and be fully informed of
the discussions taking place either in person or by telephone communication. Meetings
may be continued to a date, time, and place to be specified on the record at the meeting.
Any person requiring special accommodations at this meeting because of a
disability or physical impairment should contact the District Office at (954) 753-0380 at
least five calendar days prior to the meeting.
Each person who decides to appeal any action taken at
these meetings is advised that person will need a record of
the proceedings and that accordingly, the person may need
to ensure that a verbatim record of the proceedings is made,
including the testimony and evidence upon which such
appeal is to be based.
John Petty
Manager
161128 2
Heritage Greens
Community Development District
Financial Statements
Unaudited
June 30, 2005
Heritage Greens
Community Development District
Combined Balance Sheet
June 30, 2005
16 1128 2 WI
General
Fund
Assets:
Cash
Accounts Receivable
Investment
Suntrust Sweep
Assessments Receivable
Prepaid Expenses
Total Assets
Liabilities:
Accounts Payable
Fund Balances:
Investment in General Fixed Assets
Reserved for Debt Service
Designated for Access Control
Designated for Roadway Services
Unreserved General Fund
Total Liabilities and Fund Equity
& Other Credits
$0
$0
$51,544
$0
$0
$51,544
$439
$0
$0
$0
$0
$51,105
$51,544
Page 1
Heritage Green16 11 2 8 2
Community Development District
General Fund
Statement of Revenues & Expenditures
For The Period Ending June 30, 2005
Current Month YTO Adopted %of
Through 6/30/05 Through 6/30/05 Budget Budget
Revenues:
Interest Income $ 150 $ 841 $ 1,200 70.06%
Special Assessments 1,066 104,904 104,678 100.22%
Miscellaneous Revenues 3,973 0.00%
Total Revenues 1,216 109,718 105,878 103.63%1
Expenditures:
Professional & Administrative
Supervisor Fees 1,077 4,306 5,383 80.00%
Management Fees 4,167 16,667 25,000 66.67%
Audit Fee 3,375 10,375 7,000 148.21%
Assessment Roll 5,000 5,000 100.00%
Legal Fees 59 178 1,500 11.88%
Engineering 2,061 6,296 2,500 251.85%
Telephone 400 0.00%
Postage 225 806 750 107.44%
Printing & Binding 138 526 1,000 52.59%
Insurance 5,000 6,500 76.92%
Wetlands Maintenance 3,725 5,000 74.50%
Accounting 833 3,333 12,500 26.67%
Legal Advertising 140 873 500 174.57%
Office Expense 109 701 500 140.27%
Property Appraiser 1,069 1,670 64.02%
Dues, Licenses, & Subscriptions 575 175 328.57%
Contingencies 500 0,00%
Speed Bump Program 30,000 0.00%
Total Expenditures 12,183 59,431 105,878 56.13%1
12,183 59,431 105,878 56.13%1
Excess Revenues (Expenditures) $ 50,288
Fund Balance. Beginning 817
Fund Balance. Ending $ 51 , 1 05
Page 2
I.
II.
III.
IV.
V.
16112~ 1
CONSERVATION COLLIER
LAND ACQUISITION ADVISORY COMMITTEE
November 14, 2005
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F"), Third Floor
Roll Call
Approval of Agenda
Approval of October 10, 2005 Minutes
Introduction of new Staff Member, Christal Segura
Old Business:
A. Real Estate Services Update on Status of A-list Properties
B. Update on School Board Section 24 parcel
C. Contracts! Agreements
a. Collier Development Corporation (tentative)
D. Fleischmann! Caribbean Gardens Property update
E. 3rd Cycle Property Updates
VI. New Business:
A. Ranking Review
B. Outstanding Advisory Committee Member Program
C. Coordinator General Report
D. Discussion of ADA compliance - trail surface materials
E. Naming new preserves
VI. Subcommittee meeting reports
A. Outreach - Ellin Goetz, Chair
B. Lands Evaluation and Management - Marco Espinar, Chair
C. Ordinance Policy and Procedures - Will Kriz, Chair
D. 2006 Referendum - Mimi Wolok, Chair
VII. Committee Member Comments
VIII. Public General Comments
IX. Staff Comments
X. Adjournment
RECEIVED
NOV 1 0 2005
Goard of County Commissioners
Fiala ./
~~
Halas ~-
Henning
Coyle 1/
Coletta l/
******************************************************************************************************
Committee Members: Please notify the Environmental Services Department Administrative Assistant no later than
5:00 p.m. on November 11. 2005 if you cannot attend this meetinq.
Misc. Corras:
Date: I II 0 / () t.,
I {
Item #: I b I. ;;} ((I )
-
Copies to:
16112C 1
October 10, 2005
TRANSCRIPT OF THE MEETING OF THE
CONSERVATION COLLIER LAND ACQUISITION
ADVISORY COMMITTEE
Naples, Florida, October 10, 2005
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 Building "F" of the Government Complex, East Naples,
Florida, with the following members present:
CHAIRMAN: Bill Poteet
Michael Delate
Marco Espinar- Absent
Ellin Goetz - Excused
Wayne Jenkins - Excused
Will Kriz
Brent Moore
Tony Pires
Mimi Wolok
ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator
Cindy Erb, Senior Property Acquisition Specialist
1
16'12cl,
October 10, 2005
I. Roll Call
The meeting was called to order by Chairman Bill Poteet at 9:01 AM. Roll call
was taken and a quorum established.
II. Approval of Agenda
Ms. Sulecki noted item "V.B.b. Collier Development Corporation" removed,
along with the removal of "VII. Subcommittee Membership".
Mr. Delate moved to approve the agenda. Second by Mr. Kriz. Carries
unanimously 5-0.
III. Approval of September 12, 2005 Minutes
Mr. Delate moved to approve the minutes of September 12, 2005. Second by
Mr. Kriz.
Ms. Wolok would like to have specifics during open conversation.
Carries unanimously 5-0.
IV. Welcome to new Committee Member, Brent Moore
Ms. Sulecki introduced Brent Moore including the following highlights:
· Planning Manager at Bonita Bay Group
· Contributed to the development of the County Rural Land Stewardship
Area Overlay
· Project Planner for sites in the Rural Fringe Mixed Use District
. Knowledge of TDR Program
· Management experience with the Florida National Scenic Trail
. Landscape Restoration
Tony Pires joined the meeting at 9:05 AM.
v. Old Business:
A. Real Estate Services Update on Status of A-list Properties
Update by Ms. Erb:
· Red Maple Swamp Preserve- New application received for two
contiguous parcels totaling 10.26 acres. Appraisals have been
ordered. Fifteen parcels have been acquired for a total of 30.28
acres.
2
16112C 1
October 10, 2005
.
.~
.. !',i
. North Fleischmann Parcel- Once the design of the Park has been
approved staff will work with transportation to determine what
portion of the property is available for conservation.
. Talon Land Group Parcel- Determination of possible land for
Conservation Collier is still underway.
. Collier Development Corp. Parcel- Offers were accepted for two
parcels for a total of 47.93 acres. Surveys have been ordered.
Written appraisals are expected today; and a written offer should
then be gi ven.
. School Board Unit 24 Parcel- Item approved by Board on
September 27th with stipulations of future transportation right of
way. Staff is working with the County Attorney Office on the best
way to address the stipulation; once addressed closing will occur.
. MacIntosh Parcel- The Board approved acquisition on September
13th. Closing is to occur on Friday.
. Winchester Head- Verbal acceptance was received on two parcels,
later one applicant reneged. If approved by this Committee it will
go on the Board of County Commissioners agenda for October
25th, with a closing for late November early December.
B. Contractsl Agreements
a. Lockwood (tentative)
Ms. Sulecki gave an overview of the Executive Summary.
Mr. Delate move to purchase Lockwood. Second by Ms. Wolok.
Environmental assessments are performed if there is reason to believe an
issue may exist. Mr. Pires would like to have a future discussion on
phase one environmental assessments being performed.
Motion carries 6-0.
C. Fleischmann/Caribbean Gardens Property Update
Ms. Sulecki distributed a map. Trust Republic Land struck a deal with the
Fleischmanns to purchase the entire property for $67,500,000. Once Trust
Republic Land becomes the owner then an application will be sought for
parcels they so choose. Parcels can only be purchased at valued price.
Commissioners have the ability to offer more based on a super majority
vote.
Ms. Sulecki reviewed a previous Power Point Presentation (see
attachment) assessing parcels:
3
1211foo9 1
Parcel #2- Exotics located along with tortoise burrows.
Parcels #7 & # 3 - Mostly exotics, some pines, with an entryway road.
Parcel #4- Wet parcel that routinely floods.
Parcels #5, #6, & #8- Barrow lake pit, homeless camps, trash exotics, a
clearing, and dumping.
Parcel #9- Asphalt dumps.
Parcels #11 & #12- Very nice area, scrub, gopher tortoise, trash, and
exotics.
Parcel #13- Spoil piles, and exotics.
Mr. Pires would like to look into the purchase of parcels 1, 2, 10, 11, 12,
13, and maybe 3; not purchasing 4,5,6, 7, 8, 9, 14, and 15.
Mr. Delate would like to look into the purchase of parcels 1, 2, 4, 11, 12,
13, and 3; not purchasing 5, 6, 7, 8, 9, 14, and 15.
Mr. Kris would like to look into the purchase of parcels 2, 3, 10, and 13
not purchasing 4,5,6,7,8,9. He believes 11 and 12 could be
developable, but has interest in their acquisition.
Ms. Wolok suggested Bear Paw purchase parcel #13 with a conservation
easement. She would like to look into the purchase of parcels 2, 3, 4, 10,
11, and 12; not purchasing 5, 6, 7, 8, and 9.
Mr. Moore would like to look into the purchase of parcels 2, 10, 11, 12,
and 13; not purchasing 5,6, 7,8,9. A developer may desire 4 but not be
able to build on it.
Mr. Poteet would like to look into the purchase of parcels 2, 3, 4, 10, 11,
12, 13; not purchasing the rest.
A conclusion vote for parcels of interest went as follows:
Parcel #2- 6 for acquisition 0 against
Parcel #3- 6 for acquisition 0 against
Parcel #4- 3 for acquisition 3 against
Parcels #5, #6, #7, #8, and #9- 0 for acquisition 6 against
Parcel #10- 5 for acquisition I against
Parcel #11- 4 for acquisition 2 against
Parcel #12- 4 for acquisition 2 against
Parcel #13- 6 for acquisition 0 against
Parcels #14 and #15- 0 for acquisition 6 against
VI. New Business:
4
16 112C 1 ·
October 10, 2005
A. Melillo - Evaluation Determination
Ms. Sulecki noted that the ordinance allows for property evaluations that
meet the initial screening criteria unless it is believed they will not serve
the purpose of the program. It is unresolved if this property will meet the
criteria due to lack of entrance ability. Legal access exists for the 4.77
acres with an estimated value of $80,000. There is a moderate to high
potential for wildlife. Panther telemetry map demonstrated. If a potential
exists to purchase surrounding areas the lands would lead animals to
Immokalee Road.
Mr. Kriz moved to give no further consideration to the Melillo
property. Second by Mr. Pires.
Ms. Wolok would like to have a collective consideration of all properties
within local.
Mr. Kriz withdrew his motion. Mr. Pires withdrew the second.
Ms. Wolok moved to consider the discussion until after other parcel
presentations. Second by Mr. Kriz. Carries unanimously 6-0.
B. ICSR Presentation
1. Anderson
Power Point Presentation review of Initial Criteria Screening
Report (see attachment) by Ms. Sulecki including the following
points:
. Estimated market value is set out for spring 2006.
. Within category 2 panther habitat.
. Photographs shown.
2. Brochu
Power Point Presentation review of Initial Criteria Screening
Report (see attachment) by Ms. Sulecki including the following
points:
. Utilities department has a strong interest in the site for wells.
. Transportation has interest in a potential future right of way; it
is more likely the road will be widened to four lanes in which
case they would probably use the land to the south.
Mr. Pires left the meeting at 10: 13 AM.
5
16112C 1
October 10,2005
.~
Mr. Delate left the meeting at 10: 13 AM returning at 10: 15 AM.
· Within category 2 panther habitat.
· The parcel is along proposed Greenway path.
· Photographs shown.
3. Wojtys, Randall; Wojtys, Richard; Snow
Power Point Presentation review of Initial Criteria Screening
Report (see attachment) by Ms. Sulecki including the following
points:
. There are three, 5 acre parcels.
Mr. Pires rejoined the meeting at 10:21 AM.
. Gopher tortoise and listed plant species located.
. Photographs shown.
Open discussion ensued including the following points:
. The area is not within the target protection area, though no
properties are currently owned in the area.
· Parcels are close to corkscrew, they would potentially be in
competition.
Mr. Kris moved to discontinue any consideration of Parcel
Melillo. Second by Mr. Pires. Motion carries 5-1 with Ms.
W olok opposed.
C. Letter of appreciation from CCLAA C to Kathy Prosser Brovard
(Chair drafting)
Two letters were created one to go to the Commission and the other going
directly to Kathy Prosser Brovard. The letters were distributed for
signatures; absent members will be notified for signatures.
D. Outstanding Advisory Committee Member Program
None
E. Coordinator General Report
Update by Ms. Sulecki:
6
12JJo,~o9 1
. DEP has not responded yet to know if there have been any permits
for Winchester Head.
. North Fleischmann property has a relocation permit for gopher
tortoises, in the area that was to be cleared no gopher tortoises
were found, therefore no relocation occurred.
. Florida Natural Areas Inventory has a Biologist coming to
Conservation Collier Lands the week of October 24th for a free
exotic survey. Major exotics will be GPSed.
. Conservation Collier has hired a new staff member Crystal Sigura.
. Letters will be going out to Unit 53; taxes have gone up.
. Approval for Otter Mound interlocal agreement will go before
Marco City Council on October 17th. The agreement will address
having the City assist making recommendations for wildlife habitat
management, grants, mowing right of way, trash removal, and
police patrol.
F. Subcommittee membership
Mr. Moore volunteered to assist with outreach.
VII. Subcommittee Meeting Reports
A. Outreach - Ellin Goetz, Chair
None
B. Lands Evaluation and Management - Marco Espinar, Chair
Update by Ms. Sulecki:
. A meeting occurred on September 12th.
. Malt property inter-management plan was addressed.
. Staff was to look into trail surface material in compliance with the
Americans with Disabilities Act.
. Otter Mound, a tree is to be removed that overhangs a pool cage.
. Rail Head Scrub Preserve security issues were addressed.
. A meeting is scheduled for today after the current meeting.
C. Ordinance Policy and Procedures - Will Kriz, Chair
None
D. 2006 Referendum - Mimi W olok, Chair
Ms. Sulecki addressed brochure update.
7
1 h 112C 1 "
October 10, 2005
VIII. Committee Member Comments
Ms. Wolok publicly urged the Conservancy to organize a steeling committee to
look into the campaign for 2006.
IX. Public General Comments
None
X. Staff Comments
Ms. Sulecki distributed notebooks for Committee Members. An update sheet on
all property values will be available for the next meeting.
There being no further business for the good of the County of Collier the meeting
was adjourned at 10:48AM.
CONSERVATION COLLIER LAND ACQUISITION
ADVISORY COMMITTEE
Chairman Bill Poteet
8
Naples Daily News: News
16 , 12Cfof2
Naples Daily News
To print this page, select File then Print from your browser
URL: http://www.naplesnews.com/npdn/news/article/0.2071.NPDN_14940_4210426.00.html
Trust for Public Land sets asking price for part of zoo
land
By LAURA LAYDEN, lllavden@ llapksne.1y~.nJJn
November 4, 2005
The Trust for Public Land has put an offer on the table to sell 130 acres of prime land in Naples to Collier
County for $41.5 million.
The land includes the roughly 50 acres the Naples Zoo occupies. The county wants the property to preserve the
landmark zoo and environmentally sensitive land around it.
The offer from the trust comes after Collier County was unsuccessful in buying all property the Fleischmanns
own off Goodlette-Frank Road. The family has 166.5 acres of land, and county commissioners weren't willing
to pay their asking price of $67.5 million.
The trust, a national nonprofit land conservation group, stepped in on its own to try to strike a deal. It has
signed a contract to buy the property for the asking price and is looking to convey the most land to the county
for the least money possible.
A developer has signed a contract to purchase nearly 28 acres of the land for $22 million. The trust also has
accepted an offer by the Conservancy of Southwest Florida to buy 6.58 acres for $4 million.
Greg Chelius, the trust's Florida state director, said the deal offered to the county is a good one.
"They are getting 78 percent of the property, which is more than three-quarters ofthe property, for a little over
60 percent of the purchase price," he said. "We think we've done an incredible job of bringing this project in
within the budget of Collier County. That's pretty darn good."
Chelius would not reveal the name of the developer, saying it was confidential.
A few weeks ago, the trust sent out bid packages to developers for a 17.26-acre tract at the north end of the
property along Golden Gate Parkway and a 1O.63-acre tract east of the Gordon River. The minimum bids were
set at $15 million for the larger piece and $5 million for the smaller one.
In a letter to county commissioners and County Manager Jim Mudd, Chelius said the trust's offer hinges on
whether the developer can get the density he expects on the land. The developer plans to meet with planning
and zoning officials to determine what the county would likely approve on the nearly 28 acres, Chelius said.
If the developer decides not to purchase the property, the trust will have to back away from the deal it has
offered the county, he said.
Thursday, County Commissioner Frank Halas said he had yet to read the letter from the trust detailing its offer.
After he was told the county could get 130 acres for $41.5 million, he seemed pleased that it would be much
closer to what voters said they were willing to pay for the property.
http://www .naplesnews.comlnpdn/cda/article_print/O, 1983,NPDN_14940_ 421 0426_ARTL.. 1117/2005
Naples Daily News: News
16112c1
Page 2 of 2
Last November, voters agreed to tax themselves $40 million to buy the Fleischmann land. Back then a
purchase price was not known.
A purchase price of $41.5 million also would be much lower than the county's final offer of a little more than
$59.9 million, which the family rejected, Halas pointed out.
Halas is not happy with the $4 million offer from the Conservancy.
"I think they are way underpriced on that commercial piece of property," he said. "But we will have to wait and
see. I think it's probably closer to $900,000 an acre."
Several commissioners, including Halas, have said they'd rather see affordable housing for middle-income
workers built on the land the Conservancy is eyeing. There's a critical need for lower-priced housing for
professionals such as teachers and firefighters.
The county could end up buying the roughly 7 acres itself.
Earlier this week, commissioners voted to give the county manager the authority to issue up to $47 million in
loans to buy the Fleischmann land. That would give them enough money to buy the land the Conservancy
wants, along with the 130 acres.
Chelius has suggested that county leaders and Conservancy representatives meet before the next commission
meeting to try to reach an agreement on the future use of the 6.58 acres.
The trust hopes the county will make a final decision about the land it wants to purchase at the Nov. 15 board
meeting. The group has until Dec. 15 to complete the deal with the Fleischmanns. Halas says he thinks that's
doable if the developer can get the density he wants.
"Right now we are keeping the Fleischmanns informed on everything that has taken place and I believe we are
all anticipating a positive result on Nov. 15," Chelius said. "We certainly have the time available to get a
positive vote and move forward and close on the project in mid-December."
Copyright 2005, Naples Daily News. All Rights Reserved.
http://www.naplesnews.com/npdn/cda/article_print/O.1983.NPDN_14940_4210426_ARTI...l1/7/2005
V- (/ /,"./ '71t...1 12C 2
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COLLIER COUNTY LIBRARY ADVISORY BOARD
Wednesday, October 26, 2005
Headquarters Library
AGENDA
Call to order
[)
Approval of Minutes
Literacy Program Report
Report of Officers
Unfinished Business
Fiala
Halas
Henning:
Coyle
Coletta _.
v"
JC: ~
t-/'
Communications
a - written
b - Personal
1. Employee of the Month - October
2. Golden Gate Library Construction
3. South Regional Library
4. Automation
New Business
General Considerations
Director's Report
Report of the Friends
Adjournment
Misc. Corres:
Date: J / JDlob
Item #: 11a. T cJ Jt2 .0
Copies to:
16112C 2
Naples, Florida, September 28, 2005
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: Sabina Musci
Loretta Murray
Andrew Reiss
ABSENT: Karen Louwsma
ALSO PRESENT: Marilyn Matthes, Library Director
Roberta Reiss, Literacy Coordinator
Luz Pietri, Administrative Assistant
APPROV AL OF MINUTES
Mrs. Lewis asked for comments or corrections to the minutes of August 24,2005. There
being none, Ms. Musci moved, seconded by Mrs. Murray and carried unanimously, that
the minutes be approved as submitted.
LITERACY PROGRAM REPORT
Mrs. Reiss reported some statistics on tutors and students. Right now, there are 94 active
students and 49 active tutors in this program. This group is also encouraging those
people wanting to learn English to use the labs available at the Estates, Golden Gate and
East Naples Branches.
COMMUNICATIONS
Mrs. Lewis pointed out a couple of articles that had appeared in the Naples Daily News
related to Library issues.
UNFINISHED BUSINESS
The Board reviewed the nominations submitted for selection of the Library's Employee
of the Month. Ms. Musci moved, seconded by Mrs. Murray and carried unanimously, to
select Karen Kocses from the HQ Children's Department, as Employee ofthe Month for
September 2005.
In reference to the Golden Gate Library construction, Mrs. Matthes reported that the
Board of County Commissioners had agreed to build a 17,000 square foot structure at this
site. Mrs. Matthes stated that she would be meeting with the architect soon to go over
estimated costs. Kaydee Tuff volunteered to be the community's representative on the
architectural committee.
16112C3
DEVELOPMENT SERVICES ADVISORY COMMITTEE
H
'E'-D
""-""'" .
AGENDA
October 5, 2005
3:30 p.m.
Conference Room 610
\:
?nol,:;;
",v oJ
r~oanj ':"::Oi:rH\' .~;ornnH:'js;oner8:
I. Approval of Agenda
II. Approval of Minutes - September 14, 2005
III. Staff Announcements
A. Community Development & Environmental Services Update - Joe
Schmitt
B. Transportation Division Update - Don Scott
C. Public Utilities Division Update - Roy Anderson
D. Fire Review Update - Ed Riley
/
IV. New Business
Fiala
Halas
Henning
Coyle
Coletta
//
~~
L/
V. Old Business
A. Continued Discussion re Attachment of Environmental Information to
Engineering Plans - Tom Kuck/Stan Chrzanowski
VI. Subcommittee Reports
A. Land Development Regulation - Tom Masters
B. Budget & Operations - Peter Van Arsdale
C. Utility Code
VII. Committee Member Comments
VIII. Next Meeting Date - November 2,2005 (Room 610) - 3:30 p.m.
IX. Adjournment
Misc. Corr6s:
Date: J liD/Db
I
Item #:110 I ~C (3)
Copies to:
1 6 112 C 3 -'
October 5, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, October 5, 2005
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: Robert Mulhere
Charles Morgan Abbott
Clay Brooker
Dalas Disney
David Dunnavant
Blair Foley
Justin Martin
Fred Reischl
Herbert Savage
MEMBERS EXCUSED: Marco Espinar
George Hermanson
Brian Jones
Thomas Masters
Jason Mikes
Peter VanArsdale
STAFF PRESENT: Jennifer Belpedio, Assistant County Attorney
Paul K wa, Project Manager, PUED
Thomas Kuck, Director, Engineering Services
Sandra Lea, Executive Secretary, CDES Administration
Gary Mullee, Financial Operations Manager, F AH
Edward Riley, Fire Code Official
Donald Scott, Director, Transportation/Planning
Joseph K. Schmitt, Administrator, CDES
ALSO PRESENT: Libby Anderson, Human Resources Consultant
Emilio Robau, RW A, Inc.
Scott Coulombe, CBIA
1
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1 6 Il",~5, 205
Chairman Robert Mulhere called the meeting to order at 3:40 PM.
I. APPROVAL OF AGENDA:
On motion duly made by Charles Abbott and seconded by Justin Martin, the
meeting agenda was unanimously approved 9-0.
II. APPROVAL OF MINUTES - SEPTEMBER 14. 2005 MEETING
In view of the lack of detail and inaccurate accounting of the meeting and the importance
of the discussion regarding the proposed flood ordinance, approval of the minutes was
deferred until the November 2,2005 meeting. In the interim, Ms. Lea will request the
contracted stenographer to prepare a verbatim report of the meeting.
ID. STAFF ANNOUNCEMENTS
A. Community Development & Environmental Services Division Update - J.
Schmitt
Gary Mullee, Financial Operations Manager of the Operations Support & Housing
Department, provided a brief update regarding Hansen. Following a series of
meetings, it was felt that Hansen is not a viable option for CDES as it is unable to
fulfill the needs of the Division in terms of data management and data access.
Several site visits to other organizations, served by Hansen, proved similar findings.
A recommendation to terminate the Hansen contract will be presented to the Board of
County Commissioners at its November 15, 2005 meeting. An RFP will be submitted
and a Selection Committee appointed to interview potential vendors. A member of
the DSAC will be requested to participate on the Selection Committee.
Joseph K. Schmitt, Director, Community Development & Environmental Services
Division, introduced Ms. Libby Anderson, Human Resources Consultant and
independent contractor from Florida Gulf Coast University. He stated that as a spin-
off from the customer satisfaction study, performed by Dr. Arthur Rubens, an 8-step
Action Plan for improved customer service was developed by the Division. As a first
step in the Plan, a permitting seminar was held on October 4,2005, at which
approximately 147 representatives of the building industry attended. The seminar
was taped and will be available on the County network for viewing. Mr. Schmitt
further announced that plans are underway by Lisa Koehler, Public Information
Coordinator, and Bill Hammond, Director of Building Review and Permitting, to
develop a customer-friendly lobby. In terms of customer service issues, Ms.
Anderson was retained to provide customer relations training. She will be meeting
individually with the Division Directors to gain their perspective regarding training
needs for the staff. Mr. Schmitt noted that the Division has received approval to hire
24 additional staff.
2
16 112C 3
October 5, 2005
Ms. Anderson outlined her plan of action with respect to staff training and further
requested that members ofDSAC send her, via em ail, their observations and
experiences regarding customer service within the CDES Division, noting specific
issues that have been consistently encountered, what is problematic and what is not.
Sandra Lea, Executive Secretary, will forward Ms. Anderson's email address to
DSAC members.
Emilio Robau of R W A, Inc. opined that it is not entirely the fault of staff for some
problematic areas; he further assumed responsibility for his organization, however,
noting that the industry cannot be responsible to maintain quality control for the
entire package. There must be some acceptance of responsibility by all parties to
ensure a good, quality product. Mr. Foley added that recruitment of customer-
friendly staff is needed to foster a cooperative operation.
Mr. Schmitt commented that lack of empowerment by staff in certain circumstances
has proven to be problematic. He also commented that modifications in
environmental requirements and reduction ofEIS requirements are currently being
considered. He will report further to the DSAC once more definitive
recommendations are prepared. Mr. Kuck added that a checklist, prepared by
Engineering Services, has been developed and will be updated for plan submittal,
which should result in an improved submittal process.
Mr. Schmitt further reported that Kim Grant, Senior Operations and Management
Consultant, is in the midst of conducting a study in terms of volume. Regarding
sufficiency reviews for a 6-month period, the average review time for SDPs was 220
days, 46% of which time was reviewed by staff. The remainder of the time was in the
hands of the client. He further advised that 75% of all reviews require 3-4 reviews.
B. Transportation Division Update - D. Scott
Don Scott, Director, Transportation/Planning, provided a brief overview of the
following meetings that were recently held:
. State Road 951 design
. Golden Gate Estates Trucking
. LRTP
. Contractors meeting with Lee County
He added that the Transportation Division is in the midst of preparing a Long-Range
Plan Update, noting that there is a significant shortage of necessary project funding.
Construction ofImmokalee Road is continuing; Vanderbilt and Collier Boulevard
construction will begin soon.
3
16112C 3
October 5, 2005
C. Public Utilities Division Update - P. Kwa
Paul Kwa, Project Manager, PUED, reported that updates to the Master Plan are
underway based on the 2005 population projections, prepared by the Comprehensive
Planning Department.
Efforts to complete the AUIR is being done in coordination with CDES.
Public Utilities is also working with CDES on the East of951 Study.
Mr. Kwa also reported that expansion of the Northeast Water Plant is being pursued.
D. Fire Review Update
Mr. Edward Riley, Fire Code Official, reported that the department is experiencing a
large influx of plans for review. As a result, completion of reviews has slowed
somewhat. He added that an additional Fire Plan Reviewer has been hired and
targeted performance goals should be met by December.
IV. NEW BUSINESS
No new business to report.
V. OLD BUSINESS
A. Continued Discussion re Attachment of Environmental Information to Engineering
Plans - Tom Kuck
Mr. Mulhere outlined the purpose of the discussion, stating that the Environmental
Services staff is requiring civil engineers to include landscape and environmental
plans on the cover sheet when submitting site plans and plats, which are required to
be signed and sealed. Engineers are uncomfortable with signing and sealing the
documents as it is outside their level of expertise. Discussions with staff to resolve
this issue have been unsuccessful at this point.
Tom Kuck, Director of Engineering Services, concurred that the plans prepared by
the engineer should not be stamped to include the environmental comments.
Conversely, they should be addressed similarly to landscaping and architectural plans.
On behalf of the Engineering Services staff, he expressed support to the engineers
regarding this matter.
Mr. Robau reiterated that engineers are not legally permitted to sign and seal
documents that are outside their field of responsibility or expertise. He proposed that
a project manual be developed which lists all consultants and their field of expertise.
He further suggested that the listing be included as part of the SDP process.
4
16 lolb?5qoo~
Dalas Disney concurred that Chapter 41 of the Florida statutes, which governs
architects states that architects must have supervisory control of the documents. If the
documents lie outside their control, they cannot legally be signed and sealed.
Mr. Foley agreed and suggested that perhaps a list of the professionals and their field
of expertise be provided on the architectural sheet and be part of the application
process. Mr. Kuck commented that architects submit complete drawings. If you
combine environmental, there is frequently overlap, resulting in the need for re-
submittals. Mr. Foley alternatively suggested that the list be included in the SDP
application process.
Following discussion, Mr. Mulhere suggested that Mr. Kuck advise Mr. Schmitt to
discuss this matter further with Bill Lorenz, Director of Environmental Services in
terms of which of the suggestions would be advisable (1) inclusion of a title sheet to
the plans, listing the professionals or (2) amendment to the application process, listing
all professions as opposed to signing and sealing all documents by the civil engineers.
Mr. Schmitt will be requested to provide a report re this matter at the next meeting.
VI. SUBCOMMITTEE REPORTS
A. Land Development Regulation
No meeting.
B. Budget and Operations Subcommittee
Messrs. Disney and Dunnavant commented that the Subcommittee met on September
21, 2005 and primarily discussed building review inspections.
C. Utility Code Subcommittee
Paul K wa reported that the Board of County Commissioners adopted the Utility
Standards Manual. Updates to the Manual will be made on a continual basis. He
added that the Manual will be available for viewing on the County's web site soon.
VII. COMMITTEE MEMBER COMMENTS
Mr. Reischl commented with respect to the expiration of terms for four (4) DSAC
members effective December, 2005, including Messrs. Justin Martin, Herbert Savage,
Charles Abbott and Clay Brooker. Messrs. Martin and Brooker are eligible for
reappointment for another term if they are interested in doing so. Ifno qualified
applicants apply for the remaining 2 positions, Messrs. Savage and Abbott could serve
another term.
Mr. Schmitt announced that the second LDC Cycle will be delayed. The first hearing
will be December 14, 2005. Furthermore, the period between cycles will take place
5
161 t~e~,2~
every 9 months as opposed to 6 months. Mr. Disney suggested that a more structured
process in terms of how reviews come forward should also be considered.
Vill. NEXT MEETING DATE
The next meeting ofDSAC is scheduled on Wednesday, November 2,2005 at 3:30 p.m.
in Conference Room 610.
The meeting adjourned at 5:00 p.m.
COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE
~~
Qhairma . Robert Mulhere
- -.
6
16112C 4
RECEIVED
NOV 0 8 2005
Board of County Commissioners
AGENDA
Parks and Recreation Advisory Board
October 19, 2005 2:00 pm
Golden Gate Community Center
~.
Fiala v // ~
Halas =
Henning~ \ /'
Coyle l/
Cg\etta . .~
I. Call to Order
II. Pledqe of Alleqiance and Invocation
III. Approval of September 21,2005 Meetinq Minutes
IV. New Business
A. East of 951 Horizon Preliminary Report - Joe Delate
B. Caxambas Spill - Ray Carter
C. Eagle Lakes Park Usage Report - Mary Ellen Donner
D. Immokalee Airport Park Draft Lease - Murdo Smith
E. Recognition of Murdo Smith and Ed Torroni for Thirty Years of Service to Collier
County - Mary Ellen Donner
V. Old Business
A. Recognition Award for Dedicated Service for Barbara Johnson - Murdo Smith
VI. Reports and Updates
A. Financial 2005 - Ray Carter
B. Capital Projects - Joe Delate
C. Recreation Activities - Mary Ellen Donner
VII. Informational Items
A. BCC Recaps
B. Meeting Schedule/Address LisVAttendance
VIII. Adopt A Park
MIsc. Corres:
Date: I /11> I'D ~
, ,
Item#:lhI de (y.)
Copies to:
Present:
Staff:
I.
II.
III.
IV.
16112C 4
PARKS AND RECREATION ADVISORY BOARD MEETING
Golden Gate Community Center - 2:00 pm
October 19, 2005
Board Members
John Ribes, Chairman
Ski Olesky, Vice-Chairman
Joe Overbeck
Timothy Toole
Skip Riffle
Mary Ellen Donner, Assistant Director
Murdo Smith, Beach and Water Regional Manager
Raymond Carter, Operations Manager
Joe Delate, Senior Project Manager
Amanda Townsend, Operations Analyst
Tona Nelson, Sr. Administrative Assistant
Dennis Gulley, Interim Regional Manager
Call to Order at 2:00
Pledge of Allegiance/Invocation - Amanda Townsend
Minutes of September 21, 2005 meeting approved. Motion made and passed
unanimously.
New Business
A. East of 951 Horizon Preliminary Report - Joe Delate
Joe Delate provided a presentation board on this study. This is a study designed to
build out land east of 951. Joe provided Board with information concerning new
Parks and Recreation facilities in this area as well as land available for possible
purchase for new parks. This study is based on the projected population growth.
B. Eagle Lakes Park Usage Report - Mary Ellen Donner
Mary Ellen Donner reviewed the park usage report for Eagle Lakes. This park is
used at night and on the weekends. The park is located in an area of mostly working
people who cannot use the park during the day. The report indicated that the park
has many special events and programs that generate high usage on weekends and
after work.
C. Caxambas Spill - Ray Carter
Ray Carter gave a verbal update on the gas spill at Caxambas Marina. The tank
leaked about 500 gallons of gas into the water around the ramp area. The tank has
been removed and the facility is open. The Pollution Control and Risk Management
departments took control of the site and worked with an oil spill company to clean us
the area. The will be a future meeting with and engineering firm and a petroleum
firm about the Marina.
D. Immokalee Airport Park Draft Lease - Murdo Smith
Parks and Recreation and the airport staff are working on a lease agreement to
obtain (7) acres for a park site. Parks staff met with the airport director and everyone
is in favor of a lease for a future park site. The county legal staff is currently
reviewing the lease. The lease would be for (20) years and would be reviewed every
(5) years for property value. The FAA will also review the lease. The park will
1
16112C 4
consist of picnic areas and open areas for team sports. Murdo will try to have a
lease available for the next meeting.
E. Recognition of Murdo Smith and Ed Torroni for Thirty Years of Service to
Collier County - Mary Ellen Donner
Murdo and Ed were recognized for their dedicated service of (30) years to Collier
County Government. They were both given an opportunity to say a few words about
the time they spend each day working for Parks and Recreation.
V. Old Business
A. Recognition Award for Dedicated Service for Barbara Johnson - Murdo
Smith
Murdo provided everyone with a copy of the bench and tree he proposes be erected
in honor of Barbara Johnson. The tree will be a live oak, which is native to Florida
and will be planted beside the tree Barbara Johnson planted for her husband. The
bench will be (6) feet long and contain a plaque with a recognition statement. Murdo
will ask staff for a donation for the purchase of the bench and there is a possibility
that the tree will be donated.
Motion: A motion was made and seconded and pass with a 5-0 vote for the
bench and tree for Barbara Johnson.
VI. Reports and Updates
A. Financial 2005 - Ray Carter
Ray provided a year-end financial report on the budget for everyone to review.
There were no questions.
B. Capital Projects - Joe Delate
Joe provided a written report on all capital projects for everyone to review. He did
indicate that there would be a grand opening for Beach Access # 7 on 11/18/05 at
10:00 a.m. The Board members will receive invitations by mail. He also noted the
recent lawsuit by the Vanderbilt Beach Homeowners Association about beach
access sites.
C. Recreation Activities - Mary Ellen Donner
Mary Ellen introduced Dennis Gulley the Interim Regional Manager. She provided a
written report on all the community centers for everyone to review. She also
explained that there is a new program leader at Eagle Lakes Park.
VII. Informational Items
BCC Recaps and meeting schedule, address list and attendance were provided for
everyone to review.
VIII. Adopt A Park
Joe Overbeck gave a report on Caxambas, Tigertail Beach and South Marco Beach
Access. Skip Riffle gave a report on East Naples.
Meeting adjourned at 3:30 p.m. The next meeting will be on November 16, 2005 at
the Golden Gate Community Center.
2
16112C 5
,
.>'
Memorandutl"REcEIVED
NOV 0 8 2005
Board of County Commissioners
To: Sue Filson, Executive Manager
Board of County Commissioners
From:. l AlonjA. Mott, Manager
~vvproperty Acquisition & Sales
Fiala
Halas
Henning
Coyle
Coletta
/
Date: November 7,2005
Subject: Golden Gate Estates Land Trust Committee Meeting
Minutes
Sue, please find attached a copy of the "approved" minutes from the July
25,2005 Golden Gate Estates Land Trust Committee Meeting.
Thank you.
Attachment as stated
Misc. Co~s:
Date: J /10/0&
, I
Item # /10 I ~ c (5 J
-
C,,, ,
"
Real Property Management Department
'GOLDEN GATE ESTATES LAND TRUST COMMITTEl6 112C 5
MONDA Y, JULY 25, 2005
FIRE STATION 71 - GOLDEN GATE BOULEVARD
Charles ("Skip") VanGelder -Chairman
Stephen Greenberg -Vice-Chairman (absent)
Karen Acquard -Member
Jeff Curl -Member
Linda Hartman -Member
~~~
Toni Mott -Property Acquisition & Sales Manager, Real Estate Services
Linda Sujevich -Administrative Secretary, Real Estate Services
DISTRIBUTION: Financial Report dated 7/25/05
I. CALL TO ORDER
The meeting came to order at 7:02 P.M.
II. APPRO V AL OF MINUTES - May 23, 2005.
Skip asked the members if they read the minutes and if there was any discussion. No comments or
changes were mentioned. Linda made a motion to accept the minutes and Jeff seconded the motion.
All in favor.
III. APPROV AL OF TREA&tfRER'S REPORT
Toni reported an Ending Cash Balance of $1,259,465.23 and an Available Cash Balance of
$1,236,497.23. Karen made a motion to accept the Treasurer's Report and seconded by Linda.
All in favor.
IV. Request for Funds from Big Corkscrew Island & Fire Rescue District (update)
Toni stated two invoices have been paid totaling $37,232. Remaining balance is $22,968. This remaining
balance has to be spent before February 10, 2006.
V. Request for Funds from Golden Gate Fire District (update)
Regarding the pamphlets. The Agreement for the $2900 expenditure was approved by the County
Attorney's Office and we received a Letter of No ObjecticJn from Avatar authorizing the expenditure. We
are in the process of preparing the Executive Summary. It will be presented to the BCC either September
13 or 27, 2005. Karen requested that it be noted that this would be a one-time expenditure. This would be
mentioned in the summary.
16112C 5 ..
VI. Request for Land transfer from Parks & Recreation Department - Oaks Blvd. (update)
Toni stated the agenda item requesting the BCC to approve the transfer of the Reserved parcel to the
Parks & Recreation Department for use as a neighborhood park is scheduled for the July 26, 2005
meeting.
VII. Request for Land transfer from Parks & Recreation Department - 47+Acre parcel (update)
Toni is finalizing the Agreement and will email the draft to the members this week for their perusal. The
Agreement will be forwarded to the County Attorney's Office for review and approval. Upon receipt of
the approved document, a packet will be forwarded to Avatar Properties Inc. requesting a Letter of No
Objection. Once we are in receipt of Avatar's approval, the transfer request will be presented to the BCC
in September. Karen stated her appreciation that verbiage was included in the May 23, 2005 minutes that
the Committee must be kept informed and updated as to how the parcel will be developed, what
improvements will be made and what the aesthetics will be. Toni stated that appropriate verbiage
addressing these issues will be included in the Agreement. The members complimented Toni on how she
worded the transfer in the minutes.
VIII. Public Comment/Other Discussion
Skip asked if there was any old business to discuss. Karen asked if the committee needs permission from
the BCC to remove land from the Reserved list. Toni confirmed the question by saying yes. Toni said the
request will be taken back to the BCC at the end of the year and maybe the BCC will revise their current
decision. Skip noted as far as his understanding it was just the properties on the Reserved list right now.
IX Next Proposed Meeting Date - Monday, September 26, 2005 (7:00 p.m.)
Meeting at Golden Gate Fire Station #71. All in favor.
X ADJOURNMENT
Karen made a motion to adjourn the meeting at 7:08 p.m. Jeff seconded the motion. All in favor.
16 I 12CFils6
Executive Manager
Admin Bldg 3
RECEIVED
NOV 0 7 2005
COLLIER COUNTY
Board of C7mm;Ssioners
Fiala
Halas
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November 3,2005
Ms. Susan M. Harp
Certified Local Government (CLG) Coordinator
Bureau of Historic Preservation
RA Gray Building
500 South Bronough Street
Tallahassee, Florida 32399-0250
RE: Collier County Preservation Board Meeting
Dear Ms. Harp:
Please be advised that the public meeting for the Collier County Historic and Archaeological
Preservation Board has been scheduled for Wednesday, November 16, 2005 and will begin at
8:45 a.m. at the Collier County Community Development Services Division, Conference Room
609, located at 2800 North Horseshoe Drive, Naples Florida:
I have attached the minutes from the September 2005 meeting for your review and records.
If you have any questions concerning this meeting, please do not hesitate to call me. My phone
number is 239-403-2463 or you can e-mail meat:Raybellows@colliergov.net.
"~I~:
/Raym~~IOWS' Zoning anager
Department of Zoning & Land Development Review
(Historic Preservation Coordinator)
cc: Preservation Board Members (7)
Sue Filson
Joe Schmitt
Ron Jamro
Susan Murray
Jennifer Belpedio
Tamara L. Klein
Misc. COfI'6s:
Date: 1/1'0/0 Ce,
Item#: iloi de. (0)
Historic Preservation/R VB/ rb
Copies to:
16 112C 6
AGENDA
COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
WILL MEET AT 8:45 AM, WEDNESDAY, NOVEMBER 16, 2005 AT THE
COLLIER COUNTY COMMUNITY DEVELOPMENT SERVICES DIVISION,
CONFERENCE ROOM 609, LOCATED AT 2800 NORTH HORSESHOE DRJVE,
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.
1. ROLL CALL! ATTENDANCE:
') ADDENDA TO THE AGENDA:
3. APPROV AL OF MINUTES: September 2 I, 2005 (There was no quorum for the October
meeting)
4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT:
A. Review resume for Preservation Board vacancy
5. OLD BUSINESS:
A. Goodland - Margood County Park - Amanda Townsend
B. Nehrling's Tropical Garden Site - Recommendation for Historic Designation
6. NEW BUSINESS:
A. Otter Mound Preserve Interpretive Trail Project
B. SDP-05-AR-8378, Archaeological Survey & Assessment
7. DISCUSSION OF ADDENDA
8. ADJOURN
f!1
16112C 6
October 19, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY HISTORICAL/ARCHAEOLOGICAL
PRESERVATION BOARD
Naples, Florida, October 19, 2005
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 8:45 A.M. in REGULAR SESSION at the Collier
County Development Services Division, Conference Room #609,2800 N.
Horseshoe Drive, Naples, Florida, with the following members present:
CHAIRMAN: John Thompson
William Dempsey (Absent)
Thomas Franchino (Absent)
Patricia Huff (Absent)
Ardavan Moaveni
Elizabeth Perdichizzi
B ill Tyson (Absent)
David Driapsa (Volunteer)
ALSO PRESENT: Ray Bellows, Zoning Manager
Melissa Hennig, Environmental Specialist
16112C 6
October 19, 2005
Chairman John Thompson determined, at 9:12 AM, that a quorum was not
established and the meeting could not be convened.
No meeting was held.
The next meeting will be held November 16, 2005
Collier County Historical! Archaeological
Preservation Board
John Thompson, Chairman
2
RECEIVED
NOV 0 8 2005
1~ 112} 7
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Board of County~ers
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, NOVEMBER 17,2005, 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 A V AILABLE FOR PRESENT A TION 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 VERBA TIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY CLERK
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - SEPTEMBER 30,2005, REGULAR MEETING
6. BCC REPORT- RECAPS - OCTOBER 25, 2005, REGULAR MEETING
7. CHAIRMAN'S REPORT
8. ADVERTISED PUBLIC HEARINGS
A. Petition: BD-2005-AR-7185, George Jordan, represented by Quin Kurth, of Turrell and Associates, is
requesting a 22-foot boat dock extension for a new dock facility protruding 42 feet into a waterway that is
214 feet wide, to allow the mooring of two vessels. The subject property is located at 158 Windward Cay,
Port of the Islands, (The Cays), Phase II, Lot 38, in Section 9, Township 52 South, Range 28 East.
(Coordinator: Joyce Ernst)
B. Petition: BD-2005-AR-7848, John Pollman, represented by Quin Ku.~tOfifi:.ell and Associates, is
requesting a 4-foot boat dock extension from the allowed 20 feet for a protrusion of 24 feet into a waterway
as measured from a new seawall that will align with existing seawalls. Thc_ject property is located at 574 J /ID~
Coconut Avenue, Goodland Isles Lot 31, Block A, in Section 18, Townslilp 52 South, Range 27 East, /' r
Goodland, Florida. (Coordinator: Joyce Ernst) Item #: I (pJ. ~ C (7 ')
1
Copies to:
16 , 12C 7 ·
C. PC?tition: BD-2005-AR-7970, James M. and Eileen L. Boswell, II, represented by Miles L. Scofield of
~ofield Marine Consulting, is requesting a 22-Foot boat dock extension to allow a total protrusion of 42 ft
into waterway as measured from the property line. The subject property is located at 266 Third Street West,
Bonita Springs, in Little Hickory Shores Unit 3 Replat, Lot 10, Block H, in Section 5, Township 48,
Range 25, Collier County, Florida. (Coordinator: Joyce Ernst)
D. Petition: V A-2005-AR-80 I 0, James and Margaret Fornear, represented by Clay Brooker, Esquire, are
requesting an after-the- fact variance for a 5.3 - foot encroachment into the required 10- foot rear yard
(accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7-foot rear yard. The
subject property is located at 175 Bayview Avenue, Conners Vanderbilt Beach Est. Subdivision, Unit 1
Replat, Lot 7, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator:
Michael Bosi)
E. Petition: CU-2003-AR-4647, Mitchell D. House, represented by Donald 1. Murray, AICP, of Coastal
Engineering Consultants, Inc., is requesting a Conditional Use to allow for the establishment of an eco-
tourist facility in the Rural Agricultura]-Area of Critical State Concern/Special Treatment Overlay (A-
ACSC/ST) zoning district pursuant to Section 2.04.03, Table 2, of the Collier County Land Development
Code. The subject property is located approximately % of a mile west of S.R. 29, on the north side of U.S.
41, in Section 25, Township 52 South, Range 29 East, Collier County, Florida. (Coordinator: Heidi WiIIiams)
CONTINUED TO 12/01/05
F. Petition: RZ-2005-AR-7825, Mandalay Place LLC, represented by Gary Butler, of Butler Engineering, Inc.,
requesting a rezone from the Estates (E) zoning district to the Residential Single-Family (RSF 5[3])
zoning district which allows 3 dwelling units per acre. The subject property, consisting of 2.31 acres, is
located at 3111 Bailey Lane, in Section 23, Township 49 South, Range 25 East, CoIIier County, F]orida.
(Coordinator: Kay Dese]em)
G. Petition: PUDZ-A-2004-AR-6417 , Ronald Benderson et aI, Trustee, represented by Robert L. Duane,
AICP, of Ho]e Montes, Inc., and R. Bruce Anderson, of RoetziII & Andress LPA, requesting to rezone 1-
75/AIligator Alley from PUD to Commercial Planned Unit Development CPUD. The proposed PUD
amendment requests the following: to reduce the size of the preserve/water management area from 15 acres
currently required by the PUD to 11.4 acres; to delete residential uses as a permitted use; to provide a new list
of commercial uses comparable to those allowed in the C-l through C-4 Commercial Districts, with SIC
codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints
for undeveloped tracts; to modify the circulation system; to establish a maximum number of square feet
allowed to 265,000; to relocate the existing western entrance 50 feet to the east; and to reduce the 50 foot
perimeter setback to 25 feet. The property, consisting of 40.8 acres, is located on the north side of Davis
Boulevard in proximity to the intersection of Collier Boulevard and 1-75. The subject property is located
in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Mike DeRuntz)
H. Petition: PUDZ-A-2005-AR-7403, Grand Inn of Naples, Inc., represented by Michael Fernandez of
Planning Development Incorporated requesting a rezone from the PUD zoning district to the PUD Mixed Use
zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to
reduce the commercial use to 10,000 sf, renovate the existing hotel into a condominium building with 64
residential units and change the name of the PUD. The property to be considered for this rezone is located
in Section 15, Township 49 South, Range 25 East, Lot 51, CoIIier County, Florida. This property consists
of 4.02:!: acres and is located at 1100 Pine Ridge Road. (Coordinator: Michael Bosi)e
2
9. OLD BUSINESS
10. NEW BUSINESS
11. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
November 17, 200S/CCPC Agenda/RB/hr
3
16112C~ 7
1 6 JJeac 37 20~5
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida, September 30, 2005
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 1 :00 p.m, at the Board of County
Commissioners Meeting Room, Administration Building, 3301
Tamiami Trail East, in Naples, Florida, with the following members
present:
Chairman:
Mark P. Strain
Bob Murray
Brad Schiffer
Kenneth Abernathy
Robert Vigliotti
Donna Reed Caron
Lindy Adelstein
ABSENT:
Russell A. Budd
Paul Midney
ALSO PRESENT:
Patrick White, Asst. County Attorney
Susan Murray
Catherine Fabacher
1
1 6 11 2 C S~t"Jn~r 30, 2005
CHAIRMAN STRAIN: Now we have a quorum. If you'd all
rise for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN STRAIN: Today's meeting is a continuation of a
meeting that started on Thursday, August 18th, for LDC Amendments
2005, Special Cycle 2A. And in particular, it was agreed that today's
meeting would be devoted to discussions on the Bayshore and
Gateway triangle overlays.
With that, I'll take roll call. Mr. Murray?
COMMISSIONER MURRAY: Here.
CHAIRMAN STRAIN: Mr. Adelstein is not here, Mr. Schiffer
is not here. Miss Caron?
COMMISSIONER CARON: Here.
CHAIRMAN STRAIN: Mr. Budd is not here. Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: Here.
CHAIRMAN STRAIN: Mr. Abernathy?
COMMISSIONER ABERNATHY: Here.
CHAIRMAN STRAIN: Mr. Midney is not here. And of course I
am here. Thank you.
What I'd like to do is just -- if the members are so inclined, we'll
just roll right into where we left off, which was page 38.
MR. WHITE: Mr. Chairman? Just for the purposes of the record
-- Assistant County Attorney Patrick White -- this is a continuation of
your meetings that are a series of meetings for your first hearing on
these round of LDC amendments, this cycle of LDC amendments.
And as we discussed at the last meeting, before we wrap up today
we'll probably have to pick a day. We would hopefully do that well
before 5:00 so we can check with the staff and make sure that there's
availability for whatever times you may choose to continue this
meeting to in these chambers. Thank you.
CHAIRMAN STRAIN: Mr. White, that's a good point. Why
don't we just do it now so that way staff can go ahead and, while we're
2
1 gpLl~, 'wo?
meeting, work out the next date, just in case there's conflicts.
MR. WHITE: Very good.
CHAIRMAN STRAIN: Next week we have a rather large and
complicated agenda. I would think that the week after, in between the
two meetings, like we had originally discussed to set up these kind of
meetings, would be a good time. Does that work?
COMMISSIONER CARON: I -- I'll be away that week in
between our meetings this particular month.
MS. FABACHER: What are those dates, Commissioner?
COMMISSIONER CARON: That would be the week of the
10th.
CHAIRMAN STRAIN: Tenth through the 14th?
COMMISSIONER ABERNATHY: I'm out for the 7th through
the 14th.
CHAIRMAN STRAIN: That's two of you. Then we don't know
if the rest will be here.
COMMISSIONER MURRAY: I know that I'm good the
Monday, the Tuesday, the Wednesday so far.
CHAIRMAN STRAIN: Susan, is there any problem if we were
to put it off until the week starting the 24th so we could have more
members available?
MS. MURRAY: Twenty-fourth of October?
CHAIRMAN STRAIN: Yes, ma'am.
MS. MURRAY: Uh-huh.
CHAIRMAN STRAIN: That would be--
COMMISSIONER ABERNATHY: We still have the 17th.
CHAIRMAN STRAIN: Well, the week of the 17th we have
another planning commission.
MS. MURRAY: I think what we're going to end up having to
make a decision about is whether to segregate this from the rest of the
amendments and do we want to move forward with the rest of the
amendments or do we want -- and put this in on a different time track,
3
1 6 J 12 G- 7 Sept~mber 30, 2005
or do we want everything to move forward on the same time track.
CHAIRMAN STRAIN: What I was going to suggest is that the
next meeting we set up, regardless of where we get today, we start out
with the balance of the LDC amendments that we haven't addressed
yet, to get those behind us.
MS. MURRAY: Okay.
CHAIRMAN STRAIN: And we can always continue with this
one if we still need time after today and then make that decision at that
point. Because I would --
MS. MURRAY: Okay.
CHAIRMAN STRAIN: -- suspect this one's going to have to
come back for a second reading with us anyway.
MS. MURRAY: Do we want to just -- I know you were trying to
do it now. Do we want to just see where we get today and then kind
of try to figure out where we -- how much farther we have to go and
then --
CHAIRMAN STRAIN: Well, I do know--
MS. MURRAY: Or do you want to do that now?
CHAIRMAN STRAIN: Well, I do know we're going to need
another day for the balance of the --
MS. MURRAY: Definitely.
CHAIRMAN STRAIN: -- LDCs because we can't hear those
today. We already announced at the last meeting we wouldn't so --
MS. MURRAY: And I know if Mr. Jackson is planning on
bringing back changes, I'm sure you would want to look at that too.
CHAIRMAN STRAIN: Yes.
MS. MURRAY: So that's -- I'm going to guess that's at least
probably two more meetings.
MS. FABACHER: Mr. Chair, I just wanted to state -- for the
record, Catherine Fabacher -- that the scheduled -- October 12th is the
first schedule BCC hearing, so I think Susan's making a point of do we
want to try to keep to that schedule and go on another time schedule,
4
16 I~ 12 C ~.. 7 ~ ,:
t.. ~ t~;
.... September 30, 2005
or are we going to need to move the BCC meetings?
CHAIRMAN STRAIN: I don't see any way to make the BCC
meeting. If they want a recommendation from us, I don't know how
we could possibly do it by then, based on the amount of material that
was brought forward and the amount of time it's going to take to get
through it.
MS. FABACHER: I agree, I agree.
MS. MURRAY: Okay, okay. We'll take care of the BCC
meeting schedule. So you're looking at the week of the 24th is the
next meeting.
CHAIRMAN STRAIN: Right.
MS. MURRAY: Yeah, that -- that's fine.
CHAIRMAN STRAIN: If you'd look into the availability of this
room for that week and then maybe after our first break we can
discuss the time frame.
MS. MURRAY: Okay.
CHAIRMAN STRAIN: That would work.
COMMISSIONER ABERNATHY: Then we'd have another
break at prior to 4:00.
CHAIRMAN STRAIN: Yeah. And then -- okay. We'll get it
through today. As long as someone --
COMMISSIONER ABERNATHY: Maybe we'll know what
we're talking about by then.
CHAIRMAN STRAIN: Okay. Then why don't we start with
page 38. Page 38 of the Bayshore overlay is where I believe we left
off. I didn't finish the questions I had on that page. I can go right into
it or, Donna, did you have some comments?
COMMISSIONER CARON: Mr. Chairman, yes. I just wanted
to find out exactly where we left. I believe that we had taken out nine.
If that is correct, then we can go from there. I don't have any notes
beyond that.
MR. JACKSON: That is not -- that is not correct. You did not
5
1 6 112 C 7 September 30, 2005
take nine out.
COMMISSIONER CARON: We did not?
CHAIRMAN STRAIN: Well, I think what we did was in the
previous references to paragraphs similar to number nine, we indicated
that the language that in -- brought in the advisory board provided for
review and comment on redevelopment projects, not for
recommendations or approvals, and we suggested that the language be
changed to reflect that they are to review and comment, not
recommend or approve.
COMMISSIONER CARON: There should be criteria, specific
criteria.
CHAIRMAN STRAIN: Right. And then criteria based on our --
this same paragraph appears in numerous instances throughout this
document.
COMMISSIONER CARON: Absolutely, yeah.
CHAIRMAN STRAIN: I think we already addressed the fact it
needed to be changed to have that criteria defined in the previous
paragraph.
Mr. Jackson?
MR. JACKSON: David Jackson, Bayshore Gateway Triangle
CRA.
I went back and looked up the language that is -- that constitutes
and establishes the local advisory boards, and there's two of them in
this county. This is a CRA resolution 2001-98, and this resolution was
created through the Florida Statute, Chapter 163, Part Three. And it
also had to do with a county ordinance that established the CRA.
And in there it specifically says the advisory board will serve as
the primary source of community input to the CRA staff and the CRA
itself. Each advisory board will consider and make recommendations
to the CRA and the CRA staff and to assist with public input in the
local redevelopment planning process. So, recommendations are
allowed.
6
16 112C 7 Septe~ber 30, 2005
CHAIRMAN STRAIN: What is your -- what section are you
quoting from?
MR. JACKSON: CRA resolution 2001-98, Article IV, Section
One.
CHAIRMAN STRAIN: Article I, Section Three, Item D, it says
more specifically, the purpose and duties of each advisory board shall
be as follows. D, review and comment on any redevelopment projects
proposed in the advisory board's component redevelopment area.
Now, I understand where you're going with it. It would be nice if
all the advisory boards in the county felt they could do that for their
particular areas, but we leave the responsibility of re -- of approval
and recommendations of those SDPs and other pertinent Land
Development Code issues to the professional staff of Collier County,
and I don't see any reason that should be changed. So my
recommendation or suggestion would be that the language be as we
previously discussed, to review and comment.
MR. JACKSON: Well, then I would like for your -- your board,
Mr. Chairman, when you guys make a vote on this, that the
recommendation from the CRA staff to the CRA board and as it goes
to the BCC is let them decide. The way I read the ordinance and the
resolution is that the recommendation that the CRA local advisory is
exactly what they're supposed to be doing, and they're supposed to be
involved in the public process for this, and they should be able to
review and recommend.
COMMISSIONER ABERNATHY: What is the section?
MR. JACKSON: They're advisory in nature. They don't have
the authority to approve or deny. That goes at the higher levels when
a -- a SDP comes to the planning commission, when it goes to the
local zoning and advisory board, when it goes to --
COMMISSIONER ABERNATHY: What is the section again?
MR. JACKSON: Article V -- Article IV, Section One, sir.
CHAIRMAN STRAIN: Is that under the -- the one called
7
2 7"
1 6 11 C Septembe~ 30, 2005
creation?
MR. JACKSON: It says Article IV, community redevelopment
agency advisory boards. And to reiterate, it's CRA resolution number
2001-98.
CHAIRMAN STRAIN: That's the one I'm reading, too, so
apparently there must be a --
COMMISSIONER ABERNATHY: More than one version.
CHAIRMAN STRAIN: Yeah.
MR. JACKSON: Mine's got signatures at the end.
CHAIRMAN STRAIN: Oh. Wait. Now, the one you're reading
from is titled Article II, community redevelopment. It's under the
CRA language. The one I'm reading from is under the one titled --
this may be where the discrepancy comes in -- bylaws of the
community redevelopment, local agency redevelopment advisory
boards of Collier County. One is the CRA and one is the local
redevelopment advisory board.
Maybe, Mr. White, at some time during this meeting you could
take a look at these, this resolution, and kind of clarify this for us.
MR. WHITE: I am familiar with both of those documents,
although I don't have a present recollection. And if I had the
opportunity to refresh by looking at the documents you have, I should
be able to give you a fairly clear opinion at that time.
CHAIRMAN STRAIN: I will give you mine right now. I think I
have a complete --
COMMISSIONER ABERNATHY: Get them up on the
computer.
MR. WHITE: May I approach?
CHAIRMAN STRAIN: Yes, sir. Feel like we're in a court of
law here, Pat.
MR. JACKSON: And in there I see exactly where the Chairman
is coming from. One of the specific bylaws for the local advisory
board. But in the establishment of the advisory boards, under Article
8
16 112C 7
September 30, 2005
IV, it specifically states the same language. So get down to lawyerese,
interpretation, I guess.
MR. WHITE: I'm assuming that --
CHAIRMAN STRAIN: Let's let the county attorney review it,
and we'll continue on with the meeting.
COMMISSIONER SCHIFFER: Mark, one quick question.
What's the consensus of this board as to the intent of that paragraph?
CHAIRMAN STRAIN: Well I -- I'll restate it. My -- my concern
is that we have a professional staff to review, I wouldn't -- sure
wouldn't want to see their hands tied by not able -- not able to review
based on recommendations from an appointed board that may not
have the same expertise in the same areas that staff has. But that's just
my opinion, and this board hasn't weighed in on that yet. And if you
want to wait until Patrick finishes his review, might --
MR. JACKSON: And, Patrick, even under the specific ones,
Article I, under the by laws specific in Article I, Section Two it's --
again, reiterates recommendations. So, over to you.
MR. WHITE: Would you be able to provide me that now so I
could review it at the same time?
MR. JACKSON: Should be the same one that Mr. Strain gave
you.
MR. WHITE: Just want to make sure.
MR. JACKSON: Okay.
MR. WHITE: Can I --
MR. JACKSON: Yeah. This one here and then the--
MR. WHITE: Okay.
CHAIRMAN STRAIN: Let the record show that Mr. Adelstein
is here.
Okay. Well, let's move on with the balance of--
COMMISSIONER ABERNATHY: You can't miss him.
CHAIRMAN STRAIN: Yeah. You look bright today.
COMMISSIONER ADELSTEIN: I came from a trial.
9
16112C 7 ;~i_C~
Se'ptemb;t 30, 2005
COMMISSIONER ABERNATHY: I thought you won the
masters.
COMMISSIONER MURRAY: I thought you won the masters.
COMMISSIONER ADELSTEIN: That was last year.
MR. WHITE: It's Friday.
CHAIRMAN STRAIN: Besides section nine on page 38, are
there comments from anybody on the rest of the page.
COMMISSIONER MURRAY: Yeah. Just on three -- I think we
talked about this. The concern I had is that the side walls would block
the vision triangle that was required. We discussed that?
MR. EHARDT: Yes. And I -- I've been thinking about that and
have a recommendation of maybe moving that wall back about five
feet from the face of the building line so a car could pull out and be
able to see who's on the sidewalk.
COMMISSIONER SCHIFFER: Okay. So in other words, the
building line, which is five-foot back --
MR. EHARDT: The building line would stay let's say back a
sidewalk, but the street wall would move back about five feet. So
when you're driving out, exiting the parking lot you'd be able to see
some --
COMMISSIONER SCHIFFER: You'd never hit that ten-foot --
ten- foot triangle then.
MR. EHARDT: We can -- we can try. I just don't -- I think it's
too much.
COMMISSIONER SCHIFFER: No, it wouldn't hit it because
it'd be ten feet back from the property line.
MR. EHARDT: Yeah.
CHAIRMAN STRAIN: Yeah. There's a triangle requirement
line of sight in the LDC, and as long as --
MR. EHARDT: I'm not -- I'm not familiar exactly with your
LDC on that. Is it related to parking lot egress, or is it related to
streets?
10
16 112t 7 S~Ptember 30, 2005
CHAIRMAN STRAIN: It's related to streets.
MS. F ABACHER: It's related to egress. It's related to egress.
MR. EHARDT: Egress, okay.
MS. FABACHER: But there's a--
CHAIRMAN STRAIN: Identify yourself for the record.
MS. FABACHER: I'm sorry. Catherine Fabacher, for the
record. But there is a -- you know, you can have something below and
you can have something -- I think it's seven feet here and I'm not
caught -- right now, off the top of my head, I can't tell you what the
bottom is, but, you know, you can --
COMMISSIONER SCHIFFER: My concern was the way it was
written, the four to five-foot thing would block that vision triangle.
MR. EHARDT: Right, right.
COMMISSIONER SCHIFFER: So long as we stay out of it,
that's the only comment I had.
CHAIRMAN STRAIN: Okay. Is there any other comments on
that page? I have one. We may have addressed it, but I just want to
go back to it.
Number eight. Shared parking requirements shall be consistent
with those provided in subsection 40502 of the LDC, except that the
CRA local advisory board shall recommend approval or denial
through the zoning and land development review director.
I -- when I keep reading this -- and it goes back to almost number
nine in some ways. If you deny, how does that affect the decision that
-- the ability of staff to approve it?
MR. JACKSON: Recommend. They have no authority to
approve or deny, they recommend. And at that point the people with
the authority to approve or deny make that decision. This is the first
step in community input into their area, their neighborhood, their
commercial district. And this is a community input, and it's a
recommendation which can be accepted or rej ected by those with the
authority to approve or deny. It's just a recommendation.
11
1 6 112 C 7 SePt:~ber 30, 2005
CHAIRMAN STRAIN: And I think that the idea of community
input's a good thing.
MR. JACKSON: Yes, sir.
CHAIRMAN STRAIN: And that's not where my concern is. I
just want to make sure that there's not a process that supersedes staffs
reVIew.
MR. JACKSON: No, sir. That's why it says recommend, okay?
And that's why the CRA resolution we just read from says advisory in
nature only. They don't make decisions of approval. They make
recommendations to it. And then it goes to Miss Murray's level, Joe
Schmidt's level, it goes through the BC or the planning commission
level where you guys have the authority to approve or deny.
CHAIRMAN STRAIN: Okay. Let's move onto number --
MS. FABACHER: Mr. Chair? Excuse me.
CHAIRMAN STRAIN: Yes, ma'am.
MS. F ABACHER: According to 40502K3, a parking exemption,
the BZA, after remove -- review and recommendation by the planning
commission, may approve a parking exemption for the following
circumstances. And that's where the shared parking is referenced in
40502.
MS. MURRAY: That's actually a different process than the
administrative deviation. Yeah, there's a -- off site parking.
MS. FABACHER: Sorry.
CHAIRMAN STRAIN: Okay. Let's move onto page 39 then.
Questions from the panel on 39?
COMMISSIONER SCHIFFER: Just a couple ones. David, why
on four did you reduce the height of the glass, just out of curiosity,
from two feet -- from three feet to two and then the top of it from eight
to seven? What was the intent there?
MR. EHARDT: We just -- sorry. Joseph Ehardt, consultant for
the Bayshore, Gateway redevelopment area.
COMMISSIONER SCHIFFER: Talk a little louder, please.
12
16 , 12C" 7 ,~::;
. September 30,2005
MR. EHARDT: Yes. Joseph Ehardt, consultant with the
Bayshore CRA.
We just -- at that time I was working with Aaron Blair and we
talked about this, and we just felt that that was a better situation to get
the -- the height that we wanted about the -- for you know, clear store
and storefronts and things like that.
COMMISSIONER SCHIFFER: Okay. Second thing -- you
know, if you both are going to answer questions, one of you might
take two podiums.
Number six, it says fluorescent colors shall not be used as accent
colors. Since they're not allowed to be used as primary colors,
shouldn't we just say fluorescent colors are not allowed?
MR. EHARDT: Yeah, I agree, I agree. That's fine. Before I --
as you see, I struck the word neon through. That was in the original
and then I looked in the architectural code that you have and
fluorescent was a word that was used, so I -- it has the same meaning
to me, and that's why we put it in there.
COMMISSIONER SCHIFFER: And that's also a hard one to
define, too.
MR. EHARDT: Right.
COMMISSIONER SCHIFFER: I've got stuff on landscaping if
nobody -- other people have questions above --
CHAIRMAN STRAIN: I do. Donna, did you have something?
COMMISSIONER CARON: Yeah. I'm waiting until we get
there.
CHAIRMAN STRAIN: Okay. On item G four, it says clear
glass windows with a tint of 25 percent or less. Is that a
contradiction? I mean if it's clear glass, does it have a tint or does a
tint mean it's not clear anymore?
MR. EHARDT: Well, it's clear to the fact you can see through it.
It may have a tint to it, but you can see through it.
COMMISSIONER ADELSTEIN: It's not opaque.
13
2C 7 l ~
1 6 11 September 30, 2005
COMMISSIONER ABERNATHY: It's not opaque.
MR. EHARDT: It's not opaque, right.
CHAIRMAN STRAIN: Okay. That's what you mean.
MR. EHARDT: Right.
CHAIRMAN STRAIN: Item five, attached building awnings
may encroach over the setback line by a maximum of five feet. You
have a -- I pull this from a prior page. I thought you were defining
your lines as build to lines.
MR. EHARDT: In some cases we are.
CHAIRMAN STRAIN: How does the setback line and the build
to line overlap?
MR. EHARDT: They would be the same. In some cases they
would be the same. I think you're mixing Gateway with Bayshore but
what we're saying is if you're at the build to line, you can build five
feet out with an awning. If that happens to encroach in the
right-of-way, that's allowed. At least that's what we're recommending.
CHAIRMAN STRAIN: On page 35 it refers to a front yard build
to line, five feet.
MR. EHARDT: Behind the property line, yes.
CHAIRMAN STRAIN: And then what you're saying here is the
attached building awnings may encroach over the setback line by a
maximum of five feet.
MR. EHARDT: Right. The setback line is the five -- the setback
line is the five feet behind the right-of-way of the property line.
CHAIRMAN STRAIN: Which is also the build to line.
MR. EHARDT: Right. But the awning could go -- project five
feet beyond that was my intent.
CHAIRMAN STRAIN: So you would go no -- you would not
go past the property lines?
MR. EHARDT: In this particular case, I would. In the Gateway
one, I would, when we get to that.
CHAIRMAN STRAIN: Right. I had questions on that one, as
14
16 112 C '?september 30, 2005
well.
Okay. And I'm ready to go into landscaping. Brad?
COMMISSIONER SCHIFFER: Well, ladies first. Donna, you
had questions?
COMMISSIONER CARON: No, go ahead.
COMMISSIONER SCHIFFER: Okay. The concern I really
have is kind of the buffers in general. This is an urban area, our code
is a suburban code, and there is some concern. Like, for example,
why do we have buffers at all, landscape buffers, in the urban area?
Some of the buffers I think it would be a problem, we have -- we call
it foundation planting. It's really the perimeter of the building, we have
required buffers around that. All of that stuff would not allow you to
do what you're describing in your -- in your codes. So would --
should something be put in here that would say that the code will
supersede the landscape requirements or --
MR. EHARDT: I think our -- if I may, our -- Joseph Ehardt.
Our intent was that -- I agree with you, it is an urban situation. And
the existing code not only requires depth, but it requires landscaping.
We're trying to get with just the wall, maybe a little bit shallower in a
sense, to get that type of feeling without having such a, you know,
residential or rural type atmosphere between it and going with just the
COMMISSIONER SCHIFFER: But how do we get rid of -- for
example, the foundation landscape that are required. If that's required,
then you'll have -- in some cases buildings could be large enough to
have landscaping totally around the perimeter of it to the depth of 20
feet. So you put a building with 20 feet of landscape around it, that's
not an urban building.
MR. EHARDT: No. I agree.
COMMISSIONER SCHIFFER: Doesn't even meet your -- you
can't even do your front setbacks. So what is the case?
MR. EHARDT: I -- I'll have to look at that. I didn't realize that.
15
1 6 11 2 C 7 se~mber 30, 2005
I'm sorry, I'll -- I'll check into that.
COMMISSIONER SCHIFFER: Let me even ask Susan. I think
what could be put in here is a sentence of which prevails. I mean,
Susan, if there -- for example, this thing is silent on perimeter
landscape. Does that mean perimeter landscape does not apply to this
area or does it?
MS. MURRAY: It -- it would. And -- and let me make sure I
understand where you are because I'm on page --
COMMISSIONER SCHIFFER: I'm on J.
MS. MORRAY: -- 40 -- okay. You're on J. Okay. Thank you. I
was on 40. I was one ahead of you. Let me make sure I understand
your question.
COMMISSIONER SCHIFFER: Well, it's actually not in here.
MS. MURRAY: Okay.
COMMISSIONER SCHIFFER: My concern is what's not in
here. In other words, it says that everything's required by Chapter 406
-- which is our landscape code -- unless otherwise specified. We have
requirements which we call foundation planting which -- I mean we're
not digging holes and putting trees in with the foundation, but it's
really the perimeter of the building. That would mean all of these
setbacks and stuff that they've described could not be done. So does
that mean that or should we put something in here that says who
trumps who?
MS. MORRAY: Yes, you should, if you want--
COMMISSIONER SCHIFFER: For example, a front buffer we
have a five-foot setback, but we don't have a five-foot buffer. So if we
had to buffer this project -- and, again, you know, we can't take the
requirements of a suburban code and make a urban street come from
it, so how do we handle that?
MS. MORRAY: You -- if -- this is an overlay, so if it says in
here, as it says, you know, unless otherwise specified below, the
provisions of the existing code are going -- the underlining zoning
16
16' 12C 7
September 30, 2005
district code are going to apply, and then anything that you want to
deviate from the code needs to be specifically put in here. So--
otherwise they're going to apply.
COMMISSIONER SCHIFFER: Then -- then I think what -- and
I guess the consultant has to carefully go through the landscape code.
Because for example missing is that foundation plan which would
make all this irrelevant, what we're talking about, prior to this,
anyway.
CHAIRMAN STRAIN: The suggestion you're making really
would be to the benefit of the overlay to understand it and include the
proper language in here.
MR. EHARDT: Right.
MS. MURRAY: Correct.
CHAIRMAN STRAIN: You won't have a conflict when you try
to come in for a permit.
MS. MURRAY: Correct.
CHAIRMAN STRAIN: Okay. So I think, Brad, that's a good
point.
MS . MURRAY: Need to insure that your cross-sections all meet.
COMMISSIONER SCHIFFER: Yeah.
MS. MURRAY: Either what you're requiring in here for
landscaping or what the code itself requires. And then if -- if that
doesn't work, then this needs to deviation from the required section of
the land development.
COMMISSIONER SCHIFFER: And then you'll be getting back
to us with that.
MR. EHARDT: Yes.
COMMISSIONER SCHIFFER: Feel free to shoot me that ahead
of time, and I'll do the same task.
MR. EHARDT: Fine. Thank you.
CHAIRMAN STRAIN: Donna, did you have any comments?
COMMISSIONER CARON: No, that's okay. I can --
17
16 112C 7 ·
September 30, 2005
CHAIRMAN STRAIN: I have a similar comment. We've talked
about the wording of the recommendation that we'll soon hear from
Patrick White on this one. But another intent that I'm trying to
understand in that paragraph, it says at the recommendation of a CRA
local advisory board, the county's zoning land development review
director can administratively approve. Does that mean if you fail to
recommend anything or didn't even review it, that the county would
not be able to review it then?
MR. JACKSON: I believe you're reading in a little bit too much
to it, Mr. Chairman.
CHAIRMAN STRAIN: Okay.
MR. JACKSON: We're trying to be consistent in procedures
when we're asking for a little bit of a deviation in the overlay from the
code. The language we try to, you know, copy the same words so that
the -- you know, the intent was clear that if you understood it one
place, you understood it in all the other places.
The fact that they don't make any comment to it would be
because the plans never came through the CRA staff to be reviewed.
And right now CDS is routing all things that happen in the CRA
through our staff. It would be because it -- it got through it wasn't
seen. So we always comment on all SDBSIPs.
CHAIRMAN STRAIN: Okay.
MR. JACKSON: And there's a place for us to sign off on those
and make comment.
CHAIRMAN STRAIN: Okay. Now--
MR. JACKSON: Where would -- we would be silent is that we
are okay with what's there.
CHAIRMAN STRAIN: Susan, is that consistent with the
process that you have now?
MS. MURRAY: Well, I guess what I don't like about this
wording is it implies that if they recommend something to us, then we
can take action on it. 1--
18
1 6 11 2 C 7 September 30, 2005
CHAIRMAN STRAIN: That's where I was going, too.
MS. MURRAY: Yeah. I'm a little uncomfortable with that
because it implies that unless you recommend something to us, we
can't take action. If you want us to consider your recommendation, I
think that's -- you know, probably needs to be worded a little bit
differently.
CHAIRMAN STRAIN: And that--
MR. JACKSON: I can follow that. I -- we can soften that
language and make it work out.
CHAIRMAN STRAIN: Okay.
MS. MURRAY: So it works.
CHAIRMAN STRAIN: If you could, that might help solve the
problem.
MR. JACKSON: I understand your concerns. We could fix that.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: Dave, even better yet, couldn't
you come up with what you want to be there and again go back to this
is an urban situation not a suburban, and actually come up with a
lesser requirement if that's what we want everywhere in there? In
other words, you know, rather than have the option, rather than have a
judgment necessary, why don't you just establish what you feel that
buffer should be and so be it then?
MR. JACKSON: We -- we can look at that. Mr. Schiffer, what I
was trying to do was try not to replicate the entire code as it exists.
We just were addressing those issue -- what we thought there would
be an issue rub between the urban setting and the suburban setting.
And if you feel that we need to embellish this a little bit more, we'll
gladly do that.
COMMISSIONER SCHIFFER: Well, I think you know -- in
other words, there's limited commercial. I mean you know where this
is going to occur. I would just come up in your mind what you want
to be there and define it and that's it.
19
16 112C7
.~
. 'September 30, 2005
MR. JACKSON: Yes, sir. We'll comply.
CHAIRMAN STRAIN: Then the -- the other issue here is the
criteria. Any time that you're asking for an administrative approval
for something, they need to have criteria which they can rely upon to
approve it. So similar to the other instances where this occurred, you
need to develop criteria.
MR. JACKSON: Absolutely. And that will be subsequent to a
meeting that we have with staff that we're trying to set up now.
CHAIRMAN STRAIN: That would work out.
MR. JACKSON: We fully understand the criteria which came
out from Miss Caron and we understand it again. Wherever this is,
criteria will be developed, and it will be acceptable and palatable for
everybody.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: And, Mark, isn't that another
place where it should say county manager or his designee?
CHAIRMAN STRAIN: Yes. That's one of the issues we
brought up before, too.
COMMISSIONER SCHIFFER: Everywhere that is --
MS. MURRAY: I think they're aware of that --
CHAIRMAN STRAIN: Yeah. I think that's the--
COMMISSIONER SCHIFFER: Goes without saying.
CHAIRMAN STRAIN: Page 40. Any comments on page 40?
Well -- go ahead, Donna.
COMMISSIONER CARON: I have one under architectural
design. Although I probably should let Mr. Schiffer go first. But
under one it says that you can use any of the architectural elements
listed below. And I would just submit to you that putting shutters on a
building isn't going to give you the feel that you want and that you
probably should have more than one of these criteria, as you do still in
the Gateway have -- I think it's three or four that they have to include.
And I wasn't sure why you just chose --
20
16112C 7
S'eptember 30, 2005
MR. EHARDT: Well, we had some discussions with Mr.
Jackson about that, and he didn't want to get too restrictive on it.
That's why I struck the three here. But I have no problem inserting,
you know, three or four to match that up. I -- I agree with you, that
would probably be more in keeping with the style and the theme. That
-- that would protect it here.
COMMISSIONER CARON: Of what you're trying to affect.
MR. EHARDT: Right, right.
COMMISSIONER CARON: That was my only point. And Brad
may want to weigh in further.
COMMISSIONER SCHIFFER: Well, my comment on that is,
that you know -- first of all, architects don't like menu design because
non-architects end up designing all of it. I mean I think what you're
saying here is that use these elements to create the style. Does one
thing create the style? Of course not. I mean using all of them I could
create a building that doesn't have the style they're looking for.
MR. EHARDT: We originally had that without any number or
things. We just listed some of the elements. Then we were told we
had to be a little more specific in some comments we got, so we got a
little more specific by picking three or four, depending on what it was.
COMMISSIONER SCHIFFER: Right.
MR. EHARDT: Then Mr. Jackson felt that he didn't want to
limit it that much, so we struck it out so --
MR. JACKSON: We're -- we're stuck in that how restrictive or
how unrestrictive we want to be. We don't want to necessarily
handcuff an architect, and we don't want this whole area to be so
homogeneous that everything looks the same. And you kind of have
that now with the color pallet that the county's got. You know as new
buildings are built you kind of end up with this -- you know,
everything kind of looks the same, with small variations.
So we're in that tight spot of trying to be recommending,
encouraging, without being overly restrictive that everything looks the
21
16112C7
-'
,..., September 30, 2005
same, cookie cutter style. That we do have some flavor in that urban
style where there is -- the roofs dance, they move, the windows,
awnings, types of roof and materials, all those types of things.
So we may be guilty of being wishy washy at this time, but then
again when it comes to architecture you have you to let the architects
and the engineers, you know, have some play in there to make the --
make the neighborhood interesting. So, your advice is?
CHAIRMAN STRAIN: Well, my concern about your whole
paragraph here is that in the first sentence the architectural theme is
encouraged. I mean encouraged is a nice word, but most people, if
they have that as an option, they'll do whatever they want to do. And
you may not get what you want to get out of this, if I'm reading this
correctly.
Then it says the suggested design or elements of the building
should reflect. Well, should is not as strong as shall. So, basically,
you're encouraging a design that should reflect this and can include
any or none of those elements. And I'm just wondering if you -- if
you've put too much flexibility in it compared to where you're trying
to go.
MR. JACKSON: I follow your reasoning. And out of the
community meetings we had when we met with the residents and we
met with the building community, we -- we got a tremendous amount
of input, was don't handcuff us, don't restrict us, give us some leeway.
And also those people that have been coming to my office since I've
been here that are going to -- they says I love this style, I'm going to
incorporate those things that make sense with the thing that I am
building.
And so it -- it hasn't been -- it's kind of been a soft hammer, but
they are willing to apply these elements into the design. We can be
totally restrictive. We can make it black and white and say you will,
but then again the fear of being homogeneous and being over
controlling. So we're trying to provide a little bit of leeway so that
22
16 112C 7
September 30, 2005
there is a time -- you know, there's room for ingenuity and thinking for
that to apply.
COMMISSIONER CARON: Here -- here's the way that you --
that may work out better. Because I think Mark actually hit on it.
Perhaps in that sentence you should put shall back in and then you
don't need to use any of -- you know, you don't need to number what
they might use to create the old Florida architecture, but you will
definitely have old Florida architecture.
MR. JACKSON: So shall instead of should there in paragraph
sub one; is that correct, Miss Caron?
COMMISSIONER CARON: It would be my suggestion that
might work out better.
COMMISSIONER SCHIFFER: I mean I'm okay with that. I
mean the term -- the theme term of old Florida, Florida cracker is a
subj ective term to begin with. So I mean you're not -- you're not
pegging somebody down to an obj ective situation.
COMMISSIONER CARON: Right.
COMMISSIONER SCHIFFER: There's no way --
MR. JACKSON: It's like our definition with TND, traditional
neighborhood design, it's that -- it's a concept, it's not a thing.
COMMISSIONER CARON: So Brad has his flexibility, and --
and we -- and the neighborhood is ensured that they will get
something with an old Florida style.
COMMISSIONER SCHIFFER: Now, somebody comes in with
a glass cube, what do we do? What protects that? How does that -- I
mean it doesn't have any of the elements and therefore you say that's
not an old --
MR. EHARDT: I guess -- I guess your -- the architectural code
that you have right now would have to take over in that particular
case.
I mean I was trying to -- and it's hard to do. I was trying to
separate the theme of architecture versus the architectural code, which
23
16 112 C 7~~tember 30, 2005
has more to do with massing and certain things like that. I was trying
to separate to more of a theme. I know your code reflects
mediterranean, I think it even has old cracker in there, old Florida,
some different styles. All we were saying is let's regulate this to old
Florida in there in the cracker style.
COMMISSIONER SCHIFFER: In the reviews that the CRA
advisory board would do are -- would they review this, David?
MR. JACKSON: They have opinion -- as many opinions as
there are people on the board, just like you. So it's like herding cats
trying to get them to corne to -- to talk about it. They have a meeting
on the 4th of October. I'll bring it back to them and see if I can get
them to solidify it, and I'll take your comments to them and have them
one more time walk through it. And I'll take your shall comment and
if they want to put a number back on it to maybe give a little bit more
definitive guidance. Is that okay?
COMMISSIONER SCHIFFER: Yeah. I mean I don't like the
-----ID.1111heL-_ _~____ _________u______ ______ __ _
CHAIRMAN STRAIN: That would be a good idea.
MR. JACKSON: You don't like the number?
COMMISSIONER SCHIFFER: The concern I had -- the
question, though, is do they review these designs? Do they have the --
I mean who makes the judgment that this is okay in my neighborhood
to meet these things? Shouldn't it be them?
MR. JACKSON: Well, they do. They -- they see these plans as
they corne through my -- my office. And they look at them, they
review them, and they provide comment. Of course they -- they don't
have approval, denial process. That's what gets into the building code
and the CDS part of it. You know, the people that have that authority.
But -- but they do get in there and they -- you know, they do give
them the evil eye if they have to and make recommendations and say,
hey, look, you know, we can make things difficult by, you know,
making strange recommendations, but we'd like for you to help.
24
1 6 112 C 7 'l-september 30, 2005
And for the most part, most builders will come in, and they will
be amenable to making some kind of concession agreement or comp --
you know, type of a thing, compromise to make it fit. And for the
most part, I haven't run into an architect here in Collier County that
doesn't have pretty good designs, so you guys got a pretty good group
of them from what I've seen so far.
CHAIRMAN STRAIN: Brad, the only -- my concern was just
the vagueness of the whole paragraph. And if you wanted to tighten
up and your residents felt that was a good thing, then that's a
suggestion. But if you -- if they like it this flexible, then they'll get
what's in the code is the bottom line.
COMMISSIONER MURRAY: So in the event that somebody
were to come in with a Mediterranean style and insist on it, that's what
it's going to be in the middle of all the -- the other. I think you really
need to look at that again.
MR. JACKSON: Right. And -- I mean and it goes without
---- - _saYln g thatXve-goLaJot 0[19-60s_ arul~708-architecture_outther~Tigh~
now, so you end up with -- it's going to be an interesting look anyway
because those buildings are grandfathered in, they're not changing at
all. So you're going to have '60s, '70s, and '80s style buildings,
amongst other new construction that's going to be of cracker style. So
you're going to have a real flavor there for a long time, until the whole
place turns over.
CHAIRMAN STRAIN: Let's move onto page 41, if we can.
MR. WHITE: Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir?
MR. EHARDT: Excuse me. I'm sorry. Could I ask one
question, please? I wasn't sure. On the elements, you didn't like a
number. Are you just saying use these elements?
COMMISSIONER SCHIFFER: I'm not a big fan of a menu
thing. Because here's what happens is that people design to the menu.
Building codes, people design the codes, codes are minimum. So if
25
1 6 112 C 7 ':,!
September 30, 2005
you establish a minimum, you're going to get a minimum. Guy's going
to go, one, two, three, I'm done.
MR. EHARDT: Would it be appropriate to say must include
using some of these elements listed below, or you would rather not
even have the elements there?
COMMISSIONER SCHIFFER: I mean I would playoff of
David's statement that the architects are going to do good whether
you, you know, give them this requirements or not. I do think that
what I would do is set up something where the neighborhood was the
board or the people that reviewed what they wanted in their own
neighborhood.
That's what a CRA is, it's neighbors controlling the
neighborhood. Why that would be passed downtown, I don't know. I
think they should be the ones setting the standards, meeting with the
architects, coming up with what they need and want. And that to me is
more important than a menu.
SIRA.IN; Patricld _ __ ___ _~~___ ___a~_ ___
MR. EHARDT: We'll be back.
MR. WHITE: Yes, Mr. Chairman. I've had an opportunity to
review the documents that each of you gentlemen have provided me,
and they appear to be one and the same. Both of them are derived
from effectively Resolution Number 2001-98. There's some
discrepancy as to what the second of the two sets of bylaws that each
of your materials has within them, but it's correct to say that the first
of those two sets of by laws specifically pertain to the CRA itself,
Community Redevelopment Agency.
The second set of those bylaws are ones that are peculiar to the
Bayshore, Gateway area advisory board. And the way to distinguish
them, if you want to talk about them, is that the sites are different
slightly for those for the agency. Those -- the article numbers are in
Roman numbers, so it would be Article Roman Numeral Number I,
for example, and the bylaws for the board are in Arabic numbers,
26
16 112C 7
September 30, 2005
Article Arabic 1. So there's some way to distinguish them besides the
idea that one set of rules are a specific to the agency the other are
specific to the board.
Now, I think the pertinent provision that Mr. Jackson was
referring to is derived from the provisions in Arabic Article 1, section
three, which are the bylaws for the board, as I said. And section
three's purpose -- and under there there are purposes and duties, in
parentheses small d -- and this would seem to be the -- the source and
-- and authority for what the advisory board's able to do. At least
under this resolution. And it says review and comment on any
redevelopment project proposed in the advisory board's component
redevelopment area.
Now, I think that the -- the gist of the discussion you are having
today turns on those two words, redevelopment projects. And I
understand, Mr. Jackson's point, but the -- the overall construction of
the rules for the CRA and their advisory board is to create a statutory
agenqL-ID1d-~&et_oLadYisory~_boards that_deal__withu[edeyelo-pm_entjn_a__~_
blighted area.
And that is implemented by each of those areas having an agency
and then BCC adopted redevelopment plan. It would be akin to the
growth management plan, if you want to think of it that way, for the
whole county. And that redevelopment plan's kind of the -- the outer
limits or the constitution that that advisory board and that agency look
to in their budgets, in their -- I guess redevelopment proj ects would be
the word. And it's for that reason that I tend to think that what this set
of bylaws means when it says redevelopment projects are those
proj ects that are part of the redevelopment plan.
Now, I think the distinction that's being drawn here is that there
are certain projects that are developments. Not necessarily
redevelopment projects. They -- they could arguably be one and the
same in the sense that they could be a proj ect brought forth before the
county's community development division for its review and approval
27
1 6 112 C 714eptember 30, 2005
as an SDP or some type of a building, or it could not.
The more typical redevelopment proj ects that I think are in the
redevelopment plan are things pertaining not necessarily to the
development of a specific site or the construction of a specific
building, but rather things like getting drainage projects implemented,
having over arching set of standards developed for a particular area,
and things along those lines.
And so it has been that when I worked with the CRA and the
local advisory boards, I advised them that it was always critical to
make sure that the redevelopment plans fully represented all of what
they intended to do in any particular fiscal year and that they kind of
use that as their marching orders for activities and tasks for a year.
That is not to say that it wouldn't be possible -- and I think it
would require an amendment of their bylaws to do this, but I think it's
entirely possible that the desired Land Development Code process in
-- in this set of amendments could be achieved, but I think that you'd
want to see the bylaws themselves for the advisory board more
specifically stated to reference that that advisory board would be able
to take under review, consideration and to make recommendations
with respect to specific projects, development projects that are
submitted to the county for review. And that's the difference here.
I think that the intent of the phrase -- in article Arabic 1, section
three, small d, the words redevelopment projects, I believe, is intended
-- this is just my opinion -- to talk about those proj ects that are within
the redevelopment plan applicable to a particular CRA area. So, I -- I
don't know if that's --
CHAIRMAN STRAIN: Well, Patrick, are you the county
attorney that's responsible in the ultimate to review all this stuffbefore
it finally gets to its final phase of approval? I mean I know each --
MR. WHITE: You mean the LDC amendments?
CHAIRMAN STRAIN: Yes. The--
MR. WHITE: Yes.
28
16J 12G 7
September 30, 2005
CHAIRMAN STRAIN: Okay.
MR. WHITE: Yes.
CHAIRMAN STRAIN: Okay. Between now and the time we
re-review this when the markups happen, can you take a look at the
sections that we've questioned in regards to authority and make sure
that they're consistent with the bylaws? That's all -- that would
probably resolve --
MR. WHITE: Well, whether they are or they're not, I think that
the practical solution here is that if you find them to be otherwise
something than you think works for a redevelopment area, such as
Bayshore or Gateway, all you have to do is make your
recommendation, assuming it would be one of approval, conditioned
upon the fact that those bylaws are sufficiently revised by the CRA
advisory board with hopefully the consent and agreement of the CRA
agency -- although that's not specifically apparently required -- so that
that was an express understanding of what the functions, purpose, and
duties of that advisory board would be.
lt has not been, in my practice, part of their routine function.
They were never tasked with nor have they established the lines of
direct communication back and forth with the county staff to assure
that they have all of every project that comes up for consideration in
their CRA area available for review.
CHAIRMAN STRAIN: Okay.
MR. WHITE: I'd say that it's been done on an ad hoc basis
where projects of some greater magnitude or -- or, you know,
complexity have come forward and been brought to the attention of
one or more of the advisory board members or -- or the director, and
they've gone ahead and done so. But that has been a -- my experience,
on an ad hoc basis.
And all of this is based on a further observation and my
conclusion that the functions of the advisory board are to take the
public input from the community and forward that input to the CRA
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September 30, 2005
itself. There doesn't seem to be as much of a desire to have that
advisory board function as an input to the county staff.
There is a CRA staff that they should have a working relationship
with, and that would of course be Mr. Jackson and anyone else that
comes on board and of course to take that up the chain to the CRA
agency. U sing the word CRA and agency just to emphasize the
distinction.
MR. JACKSON: Mr. White --
CHAIRMAN STRAIN: Okay.
MR. JACKSON: If you recall, when the CRA was established,
the CRA staff was the planning department of the county.
MR. WHITE: That's true.
MR. JACKSON: So by de facto --
MR. WHITE: It is that.
MR. JACKSON: -- it was an input to the county staff because
that's the way this whole thing --
MR. WHITE: Well--
MR. JACKSON: -- was established.
MR. WHITE: That's certainly true. And it is in -- probably
continuing to be the case with respect to the Immokalee CRA advisory
board and its area.
MR. JACKSON: Correct.
MR. WHITE: But there are --
MR. JACKSON: Planning staff is --
CHAIRMAN STRAIN: One of you at a time, please.
MR. WHITE: But there are specific dedicated staff who perform
those line functions and, in my understanding, when they're working
on those tasks, have essentially a different billing source than when
they're performing more typical county functions.
Here, I'm not aware that there are many folks that are -- if any --
dedicated to CRA staff functions who are county employees. I know
that there's an interlocal between the CRA and the county for the
30
16112B 7
September 30, 2005
purpose of defining some of those relationships, but there is no, per se,
county CRA staff that performs any type of a review function for the
purposes of routine development projects such as SDPs and other
submittals that come to the county and has a working relationship with
the advisory board.
And what seems contemplated by these proposed LDC
amendments is to establish some degree of interconnectedness in
terms of knowing what proj ects may be coming down the pipeline to
the county, making sure that those were provided to the CRA advisory
board, that they, in turn, after their deliberation and review, would
make some recommendation, provide some feedback to the county
staff.
CHAIRMAN STRAIN: I--
MR. WHITE: So this seems to be a new type of process.
CHAIRMAN STRAIN: I think the solution's already more or
less been on the table. Mr. Jackson, you indicated that you understood
our -- some of our concerns about the way it's worded. If you were
going to come back with some proposed language, it might address the
analysis Pat just provided plus might address some of our concerns,
and maybe the best thing is wait until you come back now, hearing
what we've already stated about those issues.
MR. JACKSON: Very well.
CHAIRMAN STRAIN: Okay. That might resolve it. Thank
you, Pat.
MR. WHITE: You're welcome.
CHAIRMAN STRAIN: Page 41. Anybody have any questions
on 41 is? Commissioner Schiffer?
COMMISSIONER SCHIFFER: Just a small one. Number four,
up at the top, Hardy Board is a proprietarily -- a trademark name, isn't
it? I mean --
MR. EHARDT: Yeah. I guess --
COMMISSIONER SCHIFFER: I mean I think cement --
31
1 6 , 12 C 7 ..... September 30, 2005
MR. EHARDT: Yeah, cement. I can take the brand name out. I
just wasn't sure if everyone knew that, what it was.
COMMISSIONER SCHIFFER: Right. I think the architects
would. And I think the concern would be does that mean you have to
use Hardy Board, which isn't what you want.
MR. EHARDT: Fine.
COMMISSIONER SCHIFFER: That's it.
CHAIRMAN STRAIN: On that same one, where you reference
the facade wall building materials, are you including the trim
materials?
MR. EHARDT: Yes.
CHAIRMAN STRAIN: Okay. Because a lot of times trim that's
been coming out is a -- they use styrofoam with a stucco coating.
Would that be allowed based on language you have there?
MR. EHARDT: Yeah. What I meant by stucco was the exterior
appearance. So if it had some other wood or other backing behind it,
it would be allowed. Unless your architectural code doesn't permit
that. It was more the exterior appearance.
CHAIRMAN STRAIN: Could you just add some wordage to
make sure that it's understood that way, if you don't mind?
MR. EHARDT: Okay.
COMMISSIONER SCHIFFER: Well, let me just ask something,
Mark. I mean it's very common for detail work and stuff. Although
this isn't Mediterranean, so maybe this doesn't apply.
COMMISSIONER MURRAY: Well, you might get a
Mediterranean and that might apply.
MR. EHARDT: Well--
COMMISSIONER SCHIFFER: Well, this might keep the
Mediterranean out. My concern was is that there is a lot of foam back
products for detail work that -- that -- but that's really not the facade
wall building material.
CHAIRMAN STRAIN: He's only concerned about exterior
32
16'.1 12[ 7
,
J
S~ptember 30,2005
applications, so if that's clearly made, then there's not going to be -- it
won't be an issue.
COMMISSIONER SCHIFFER: But your concern is -- the word
stucco is a cement product, it isn't the Ethis product. Are you
concerned it would be confused as that?
CHAIRMAN STRAIN: No. I'm concerned with the fabricated
crown mold simulations or the molding simulations that have foam
cores and they're wrapped in a stucco with a fiberglass coating over
them and then stucco. They're used all the time. Most of the time
because they're very less expensive and they're durable. I'm sure
you'd want to see some of that because it adds a lot of pizazz to the
buildings.
COMMISSIONER SCHIFFER: Right.
CHAIRMAN STRAIN: That's where I was -- I wanted to make
sure that wasn't excluded.
MR. EHARDT: Is stucco a bad word or we don't -- or what --
COMMISSIONER SCHIFFER: Stucco's good. You're
concerned about what's forming the armature for the stucco, Mark?
CHAIRMAN STRAIN: Pardon me?
COMMISSIONER SCHIFFER: Are you concerned with what's
forming the armature for the stucco?
CHAIRMAN STRAIN: I don't know what the word armature--
COMMISSIONER SCHIFFER: Well, in other words, they use
foam, they come up with a lot of the design in the foam and then they
stucco over the foam.
CHAIRMAN STRAIN: Well, I was just concerned that -- all --
it was a simple question. I just thought that if you had a foam core
with a -- that you'd be prohibiting it by use of this language. That's all.
I wanted to make sure because a lot of the product --
MR. EHARDT: If--
CHAIRMAN STRAIN: -- out there--
MR. EHARDT: If I --
33
16112C7
~ '
.
~
.:-:-:
"-1J September 30, 2005
CHAIRMAN STRAIN: -- is foam core.
MR. EHARDT: If I use the word stucco, I mean I imagine you
could have maybe a wood backing, a foam backing, you could have
concrete backing. I mean there's a lot of different materials. I guess
you could have metal if you wanted to. You might not do it, but you
could have a lot of different materials behind it. It's more like a
plaster on a surface. I just don't know if going beyond saying stucco is
needed, but, you know, I'll -- I'm afraid I'm going to leave something
out is what I'm concerned about.
COMMISSIONER SCHIFFER: I agree. And I think what you --
and you're saying facade wall building materials. You're really talking
about the generic wall itself, not the trim work and stuff anyway,
aren't you?
MR. EHARDT: There may be some trim work or there's some
molding that might be styrofoam with stucco on it. I mean I've seen
that before. I've seen columns, you know, where the first, you know,
four or five feet is usually concrete block because people against it
and above that's stucco or the -- you know, the foam with the stucco
applied to it on the outside, so --
CHAIRMAN STRAIN: I started this question asking that, Brad.
It would be considered part of the facade, which led me to my
concern about styrofoam.
Commissioner Vigliotti?
COMMISSIONER VIGLIOTTI: Would it help if we used the
word stucco finish?
MR. EHARDT: That's fine.
COMMISSIONER VIGLIOTTI: If you use stucco finish, that
allows the inside to be whatever you want it to be.
MR. EHARDT: That's fine.
CHAIRMAN STRAIN: You ever thought about being an
architect?
COMMISSIONER VIGLIOTTI: No comment.
34
16112& 7
. -'. September 30, 2005
COMMISSIONER ABERNATHY: He thinks he is.
CHAIRMAN STRAIN: That was a good solution. I like it.
That would -- that would take care of it.
I'm -- anybody else on 41? If not, let's move to 42. Comments
on 42?
COMMISSIONER SCHIFFER: Nope.
CHAIRMAN STRAIN: No? Anybody? If not, I've got
numerous. Number three, all boat racks shall be enclosed to the wall
or a fence. And you may have already addressed this. Is the type of
materials for that wall or fence stated somewhere in this document?
MR. EHARDT: I haven't stated it anywhere, not in this
particular case. I can, but I did not in this particular case.
CHAIRMAN STRAIN: Would just a slat wood fence be
acceptable? Or do you care? Or chain link fence or --
MR. EHARDT: Chain link I would not want. I guess it would
be a matter -- and I'm not -- I'm not sure on your architectural code. I
know you've got buffers that allow walls, what materials are allowed
there, but it would be something similar to that, what's allowed in the
architectural code. And I could reference that here.
CHAIRMAN STRAIN: Well, I just think --
MR. EHARDT: Okay.
CHAIRMAN STRAIN: -- for your own benefit, if you intend
something other than an array that isn't addressed somewhere else, if
you want to address it, you may want to consider it.
MR. EHARDT: Okay.
COMMISSIONER MURRAY: Doesn't the architectural
standard allow for chain link fence?
CHAIRMAN STRAIN: In certain places. This is C4 zoning.
COMMISSIONER CARON: Under certain conditions.
COMMISSIONER MURRAY: So would that apply in these
cases? It could apply in these cases?
MR. EHARDT: I -- I'll word it--
35
16112C 7
September 30, 2005
COMMISSIONER MURRAY: You might want to make clear --
MR. EHARDT: Right.
COMMISSIONER MURRAY: -- what you don't want.
MR. EHARDT: Right. What I don't want, yes, sir. Thank you.
CHAIRMAN STRAIN: Number four you refer to height of
structures. Is that zoned height or actual height? I think we started to
talk about this last week. I can't remember the outcome of it.
MR. EHARDT: This was in the original ordinance, and I think
that was actual height to the top of the structure that was there.
CHAIRMAN STRAIN: While we're updating everything maybe
we ought to just clean this language up so there's -- it's not ambiguous
for anybody coming down the road, including the people that you'll
have to deal with in your own area.
Five A. I notice that there are some boat sales over there going
on, and I'm wondering -- actually all of section five. How are you --
does any of this going to change what those people have, or is this
only applicable if they buy into different aspects of the overlay?
MR. EHARDT: This would apply if it's a new -- new
construction.
CHAIRMAN STRAIN: Only new construction?
MR. EHARDT: Not existing construction, new construction.
Yes.
CHAIRMAN STRAIN: Okay.
COMMISSIONER MURRAY: How does one know that?
MR. EHARDT: I can state that.
COMMISSIONER MURRAY: That'd be a good idea.
MR. EHARDT: I'm sorry.
MS . MURRAY: Is this -- one quick question is the areas used
for new boat sales activities, are you talking about the display area
here, your limit one --
MR. EHARDT: Which one are you on? I'm sorry.
MS. MURRAY: I'm sorry. I'm on SA. It says all areas used for
36
16 112 C 7 .~ ::iSeptember 30, 2005
new boat sales activities shall occupy no more than 35 percent of the
linear frontage. Is that the display area?
MR. EHARDT: Yes.
MS. MURRAY: Display.
MR. EHARDT: Yes.
MS. MURRAY: Okay. Might be helpful to clarify.
CHAIRMAN STRAIN: What if you have -- I know there's a
boatyard down on Bayshore right now that has a large building with a
display window, but yet they're surrounded by boats for sale. Well,
this is new, so this wouldn't affect them. If they came in and wanted
to renovate over 50 percent, then they'd probably have a problem.
MR. JACKSON: That specific marina is going to be renovated
in the near future. They have a new owner.
CHAIRMAN STRAIN: Oh, is it?
MR. JACKSON: Yes, sir. So there's a very good likelihood that
there will be a lot more masking. The building will come down and a
new construction will go up.
MR. EHARDT: Just for some clarification, I think the history's
right. I don't know all the history, but this was basically put in
because of that one particular boatyard that was down there on
Bayshore, to allow their activity to continue. And that's why this
language was in the original Bayshore overlay that's on the books
right now.
CHAIRMAN STRAIN: Well they're the ones I was mostly
concerned about. I -- I pass them many times. They've been there a
long time, so --
Under five C -- and, Susan, this is probably a question for you.
Is that the methodology we use today? I -- because it looks like it's a
request for a variance petition and those usually go through CCPC and
BCC, right?
COMMISSIONER MURRAY: That's my interpretation, too.
MS. MURRAY: I'm trying to understand. Approved by the BCA
37
16112C 7
September 30, 2005
through a variance is correct, the BCA board --
CHAIRMAN STRAIN: Right.
MS. MURRAY: -- sitting as the BCA. And obviously I'm
assuming that means it would go through the same process that we
currently have, which means through you and then --
CHAIRMAN STRAIN: That's--
MS. MURRAY: -- to the BCA.
CHAIRMAN STRAIN: That's what I'm trying to make sure.
This doesn't circumvent the process we currently have.
MS. MURRAY: It doesn't look like it. I think it's okay to say
that.
CHAIRMAN STRAIN: Why do we need it?
MS. MURRAY: Probably don't. It's just kind of repeating
what's already in the code. If you don't meet the --
CHAIRMAN STRAIN: Right. I'm wondering--
MS. MURRAY: -- setback requirements.
CHAIRMAN STRAIN: Well, between you two gentlemen, do
you see a need to have C in there?
MR. JACKSON: I think it's to -- this is previous language, so it's
three years old, four years old. The only thing I could think of is to try
to prevent that used car lot view . You know, instead of cars, they're
boats, and the building is set so far back you don't see any building
and it's this big used car lot or new boat sales effect. To get away
from the Wal-Mart, Home Depot sea of asphalt in front of you is to
bring the building up and bring -- you know, make it address the street
is the only intent that I could see on this one here.
CHAIRMAN STRAIN: And I don't -- wasn't -- that wasn't my
concern. It was the process that it seemed to be trying to explain that
already seems to be in the code, so --
MS. MURRAY: Well, let me ask real quick. Is this a -- new
boat sales area shall not be closer to the frontage line than the primary
building they serve. Is that a rule that's already within this draft?
38
16112C 7
'~September 30,2005
MR. JACKSON: That's existing rule now.
MS. MURRAY: Okay.
MR. EHARDT: That's in the existing Bayshore overlay.
MS. MURRAY: Okay. In other words, there's a separate rule
that says you're not going to have boat sales area closer to the frontage
line --
MR. EHARDT: Right.
MS. MURRAY: -- than the primary building. Okay. It's -- it's
repetitive just saying this. I mean if you want dimensional deviation
from that, that goes through the variance process, which is already
pretty much spelled out in the code as to what applies.
CHAIRMAN STRAIN: So we can keep some momentum, why
don't you take a look at it with staff and maybe there's better language
that could be found.
MR. JACKSON: Okay.
CHAIRMAN STRAIN: Under F, it's talking about landscape
buffers. Is that -- Susan, since this is existing language, are those
above and beyond what's in the LDC, do you know now or is there --
again, is that something that is more repetitive than worthwhile?
MS. MURRAY: There's -- an additional landscape buffer is
required around the perimeter seems to imply that in addition to the
perimeter, existing perimeter landscape buffer requirement, you're
going to have another one?
CHAIRMAN STRAIN: That's what I'm trying to find out. Is
that what you think?
MS. MURRAY: That's the way I would apply it. At least just
from this reading. It doesn't talk about a width requirement.
CHAIRMAN STRAIN: Right.
MS. MURRAY: So there would have to be a width requirement,
but there is already an existing buffer -- perimeter buffer requirement.
CHAIRMAN STRAIN: And is it the intent, Mr. Jackson, to --
that you need these double buffers?
39
16 112C 7 ~~,;
. September 30, 2005
MR. JACKSON: No, I don't think so. I mean you're looking at
the -- they want to put up a fence around boat racks and then they're
going to put these other buffers in. I don't know that you need this
many type of repetitive buffering in there. We can work that out with
Miss Murray and come up with something that's acceptable. I think it
had to do with they're trying to screen that one existing facility that
was there now. And there's one other facility that needed to be
screened, but it's -- it's off the beaten path, back in the residential area.
CHAIRMAN STRAIN: If you could take a look at that, it might
be helpful to your area. I think six has the same application we
discussed already in five.
COMMISSIONER SCHIFFER: Just one quick question on five.
What if somebody was selling used boats, would they pass all these
requirements or --
MR. JACKSON: I think somebody put the word new in there. I
think it just ought to say boat sales.
COMMISSIONER SCHIFFER: Okay. Because when you read
this, it says new boats only, doesn't apply to used boats.
MR. JACKSON: That's existing language. It should just say
boats because if it's --
COMMISSIONER SCHIFFER: That's your intent.
MR. JACKSON: If it's one year old or last year's model or
today's model, it's still a boat sitting in the same place. So somebody
could say they're all used and put them up there and, you know, and
by -- circumvent the thing. So I think we'll take the word new out and
just clarify it as what it is.
CHAIRMAN STRAIN: That would be a better move. Yes?
COMMISSIONER VIGLIOTTI: In B --
CHAIRMAN STRAIN: Mr. Vigliotti?
COMMISSIONER VIGLIOTTI: -- it says all boat sale activities
are limited to new boat sales. Are you excluding used? Does that
exclude used?
40
161120 7
September 30, 2005
MR. EHARDT: That was -- it did -- it does right now, in the
ordinance.
CHAIRMAN STRAIN: He's suggesting, though, just take the
word new out and say all boat --
COMMISSIONER VIGLIOTTI: Okay.
CHAIRMAN STRAIN: In that one you take the whole sentence
out.
MR. EHARDT: That would be easier.
CHAIRMAN STRAIN: Yeah. Okay. Let's move onto 43. Any
questions from the panel on page 43? If not -- minimum setbacks.
You have two family dwelling units and townhouses at ten feet, and
your diagrams on the following pages reflect that, as well.
My concern is that staff six months, a year ago, put into action a
concern over the depths of parking for cars and garages, and we had to
have at least 23 feet back and put front-loading garages so that people
don't block sidewalks. Looking at your diagrams, on the following
pages as well, I'm not sure that it's clear that you have that 23 feet.
MR. EHARDT: If you go to page 46, the diagram I had there
before I think had 20 feet on the right-hand side, the setback.
CHAIRMAN STRAIN: Right.
MR. EHARDT: That was a mistake. It should be 23 feet.
CHAIRMAN STRAIN: Okay. So then your garages are always
23 feet back, in the back of sidewalk, so there's no overhangs onto the
pedestrian.
MR. JACKSON: Correct. And that was pointed out to us at the
DSAC and those changes have been incorporated in our electronic
copy, and of course you had an earlier version.
CHAIRMAN STRAIN: Okay. On page 43, under multifamily,
three or more dwelling units. This is under minimum setbacks.
MS. MURRAY: Mr. Chairman, may I, before you leave 42, just
-- I don't know if this --
CHAIRMAN STRAIN: Sure.
41
1 6 112C 7
September 30, 2005
MS. MURRAY: is of concern to you-all, but Catherine
pointed out something to me and I think it's worth bringing up. Back
on page 42, under number four, in the second sentence it says that
EZA, in addition to the findings in Chapter Nine, shall consider
whether or not the literal interpretation of the previous provisions of
this LDC imposes a financial hardship on the applicant.
That is different than the standards we normally apply, and I -- I
didn't know -- it's been a while since I read the compo plan on this one.
I didn't know if that was in the compo plan or not, but that's normally
not something you consider when you're looking at a variance.
CHAIRMAN STRAIN: And that is part of existing language.
So if it's not -- if it's in error, why don't we clean it up, since we're
cleaning up this whole section anyway? Is that generally the --
COMMISSIONER SCHIFFER: Well, I mean could it have been
the intent because it's a CRA to now include that as a criteria? I mean
we are trying to fix a --
MR. JACKSON: Well, this -- this specific statement is into the
waterfront district. So it's the specific sections of the -- within the --
the CRA, within the zoning part of it there. Only thing I can surmise
is it was written because of probably a specific owner or two lobbied
to have the language put in there that says you want me to change this,
I'm going to show you that it's going to cost me a lot of money and
hurt my business. That's just a -- me surmising what may have
happened.
If -- you know, Miss Murray, how do you feel about that? Is that
going to be a violation of what you have now?
MS. MURRAY: You know, I don't know why it was put in there
or not. I guess I'm just pointing out that it's different. Normally you --
under planning theory, you don't consider the financial hardship
because that's not the primary criteria you're looking at. You're
looking at land-related hardship, and then our code has impact on
health, safety, welfare, as well as some other primary --
42
16112C 7
September 30, 2005
MR. JACKSON: For the waterfront district, Miss Murray, I have
no problems taking this out.
COMMISSIONER SCHIFFER: Well, wait. Before we -- I mean
this is an area -- none of these properties have SDPs. Everybody's
having to get an SDP. So as you bring stuff up to present day code,
this could be an issue. And -- in other words, I think since we don't
know why it's in there, why don't we try to go back and find out why
it was put in there before we take it out? Unless we think we're --
MS. MURRAY: I don't --
COMMISSIONER SCHIFFER: -- smarter than everybody in the
past.
MS. MURRAY: I don't think we'll be able to do that. I'd just
bring it to your attention as something different. If you-all want to
leave it in, we can leave it in and if not, we can take it out.
CHAIRMAN STRAIN: Susan, if your -- if your advice is that
this is something outside the normal of what's usually considered for
these kind of applications, then I think consistency in the code is
rather important. I'd certainly like you to at least suggest some
alternative language. And if we disagree with you, we can always
disagree with you at that point. Right now, I'd rather not see us
inconsistent in any parts of the code that we don't have to be.
MS. MURRAY: If you wish to consider it, I would just maybe
make a change that makes it a very minimal consideration. In other
words, they could present the information to you, but, you know, in
that -- Patrick may have a comment on that, but I don't -- I just -- I
don't want it to imply that it's got to be a primary consideration.
CHAIRMAN STRAIN: Rather than --
MS. MURRAY: That's totally different.
CHAIRMAN STRAIN: Rather than move too fast today, why
don't you just -- this is going to have to come back.
MS. MURRAY: Okay.
CHAIRMAN STRAIN: Why don't you just bring it back with
43
16112C 7
September 30, 2005
any kind of recommendations that you'd have, and we can all consider
it at that point.
I was getting into page 43, and I was talking about the
multifamily dwelling units. And the issue is the -- not the front yard
but the side yard. These multifamily dwelling units, I believe, can be
40 feet high? And--
MR. EHARDT: Yes.
CHAIRMAN STRAIN: -- the Side yard setback is five feet,
unless abutting single-family unit and then seven and then it's seven
and a half feet. Is that --
MR. EHARDT: Yes.
CHAIRMAN STRAIN: So you're going to go with a 40-foot
high building with a five-foot setback.
MR. EHARDT: That's what we have. That's what was in there
before.
CHAIRMAN STRAIN: Okay. Well, I mean I'm -- I'm just
surprised. I haven't -- that's --
COMMISSIONER SCHIFFER: Smart growth, isn't it? I mean
the intent is to build an urban area. This is not a urban area, this is
downtown.
MR. EHARDT: I would leave ten feet -- if you had two side by
side, I would leave ten feet in between.
COMMISSIONER SCHIFFER: Mark, I think you're going to
find some fire code issues that's going to have a prudent design or pull
it back if he wants windows and stuff but --
CHAIRMAN STRAIN: Well, I just wanted to point it out.
On the maximum height of principle structures, same page, it
says three habitable floor are 40 feet, then it talks about the building
eve, et cetera. Is it no more than 40 feet? Is it -- I mean normally we
see this kind of language, three habitable floors but no more than 40
feet or something like that in order to indicate how high someone
could go because --
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16 112b 7
September 30, 2005
MR. EHARDT: This was original language. I guess we could
reflect the thing we had before for the mixed-use district for, you
know, 42 feet and keep it consistent--
CHAIRMAN STRAIN: I'd--
MR. EHARDT: -- on that basis.
CHAIRMAN STRAIN: -- like for something like that to happen.
MR. EHARDT: And then keep the -- the way we measure it
consistent, too.
CHAIRMAN STRAIN: And then you might indicate whether
it's owned or actual in the -- as you --
MR. EHARDT: Okay.
CHAIRMAN STRAIN: -- clean the language up.
The last comment I have is the last section, left-hand side, where
it talks about parking standards.
MR. EHARDT: Right.
CHAIRMAN STRAIN: Just, again, it's the criteria that's going
to be need to be laid out there.
MR. EHARDT: Right.
CHAIRMAN STRAIN: And that's all I have on 43. If no one
else has any other questions, we can move onto 44. Do you want me
to lead or you guys got any?
COMMISSIONER SCHIFFER: Go ahead, Mark.
CHAIRMAN STRAIN: Okay. Your Cl, you struck out the
language about the visible parking area and added new parking
language. Minimum off-street parking is one space per dwelling unit,
parking should not be visible from Bayshore Drive.
Does it matter about how large a dwelling unit is? Because we
get into pretty large units in this county, and there's more than one car
per house, per unit, usually. And I'm thinking that if you have a --
multiple bedrooms on a lot of square footage, one space may be really
insufficient. I don't know if you've given it thought.
MR. EHARDT: Let me review that and come back with you.
45
16 112C 7'1
. September 30, 2005
CHAIRMAN STRAIN: Okay.
MR. EHARDT: Let me look at that, if I may.
MR. JACKSON: May I -- Mr. Chairman, may I ask Miss
Murray a question?
CHAIRMAN STRAIN: Oh, of course.
MR. JACKSON: For a residential RMF6 single-family home,
what is the current codes requirement for parking spaces for
single- family homes?
MS. MURRAY: For single-family homes?
MR. EHARDT: I think it's two.
MS. MURRAY: I think it's two. I don't have the book in front of
me.
MS. F ABACHER: No. I think it's a per unit in a multifamily. I
think it's if it's one bedroom, it's 1.5.
MS. MURRAY: It is for a multi, but you were asking for single,
right?
MS. FABACHER: But he said in an RMF, so--
MR. JACKSON: Well, you know, any residential area, if it's a
single-family home, it's got two or three bedrooms. What is the
parking requirement when a builder builds a house?
MS. MURRAY: I don't know off the top of my head, and I don't
have the book for it but I can certainly look that up for you.
CHAIRMAN STRAIN: If you could check it--
MS. MURRAY: Yep.
CHAIRMAN STRAIN: -- and if you feel that you -- this needs
to be adjusted, you might want to look at that.
MR. EHARDT: What -- just as a suggestion, we had mentioned
on that previous page the language about the reduction 25 percent,
which we're going to be working on. On the other side, we had some
different things that we struck out, but we said county standards.
Now, what we could do is go by the county standards and have the
ability to reduce it by the percentage that we can come up with in
46
16 I 12!C 7
September 30, 2005
language to -- to vary that. That might be a -- strike -- strike it from
the other one.
CHAIRMAN STRAIN: That might work. If you go down to the
bottom of that page, it talks about the first habitable floor street facade
may not be greater than one-foot over the minimum first floor
elevation designated by the NFIP. Does that conflict at all, Susan,
with the crown of road measurement that we normally use? Because
we normally require FEMA or 18 inches above the crown of the road.
Now, would this then have an impact on the 18 inches above the
crown of the road if it strictly went to FEMA, do you know?
MS. MURRAY: It may.
CHAIRMAN STRAIN: Well, if you could check that.
MS. MURRAY: Yeah, let me check.
CHAIRMAN STRAIN: See if it has any impact before we make
it into a recommendation.
MS. MURRAY: There's -- yeah. There's two different
measurements, as well, so I just want to make sure that we're
including them.
CHAIRMAN STRAIN: That's all I have on 44. Nobody else has
any, we can move to 45.
Item C, the garage floor shall be -- not exceed 24 inches above
the elevation of the right-of-way from which it is accessed. The
right-of-way is usually a wide piece of property and has vegetation in
it from the crown of the road to the curb height to the sidewalk to the
grass areas. I don't know where you'd be measuring from if you left
that statement like it is. And I know that's existing language, but you
may want to clean it up so that nobody questions it.
MR. EHARDT: Crown of the road or similar to the elevation of
the building.
CHAIRMAN STRAIN: On A4A, front porches may encroach
seven feet into the front yard. Do the front yards get any closer than
seven feet to the right-of-way?
47
7'
1 6 112 C . September 30, 2005
MR. EHARDT: The front yard set back, and this is ten feet so
you can come out seven feet, and if you don't have steps they can go
three feet, so you'd be right at the --
CHAIRMAN STRAIN: Right at the--
MR. EHARDT: -- the sidewalk line or property line.
CHAIRMAN STRAIN: Okay.
MR. EHARDT: Yes, sir.
CHAIRMAN STRAIN: That was my concern there.
COMMISSIONER SCHIFFER: And on that point, because of
the floor height you're setting, the steps would never be higher than 30
inches anyway, so they would never be involved in setback, correct? I
don't see how.
MR. EHARDT: I'm sorry, say that again.
COMMISSIONER SCHIFFER: You're establishing the height
of the first floor to be one-foot above FEMA, which is going to be,
essentially, close to the crown of the road anyway. I mean -- or --
MR. EHARDT: Right.
COMMISSIONER SCHIFFER: -- within that range. So the steps
would always be under 30 inches.
MR. EHARDT: Yeah.
COMMISSIONER SCHIFFER: And with porch, what you
really mean is the columns supporting the porch would be measured
to; is that right? Or do you actually -- could somebody build a flat,
roofless porch up to the property line?
MR. EHARDT: I'm not understand --
COMMISSIONER SCHIFFER: The porch would be a roof
porch, correct?
MR. EHARDT: Right.
COMMISSIONER SCHIFFER: That you're referring to.
MR. EHARDT: Yeah, yes.
COMMISSIONER SCHIFFER: All right. I'm okay.
CHAIRMAN STRAIN: If you go down to 4E, second story
48
1 6 112 C 7 . . September 30, 2005
porches are encouraged but no enclosed room is permitted above the
front porch. Is there -- the word enclosed, does that mean can you
have screen enclosures? Is there somewhere there's some safety
measure in how that is determined?
MR. JACKSON: Yeah. In D above that it says you can screen
it, but we'll -- and then it -- the porch is -- we're trying to prevent, you
know, somebody taking and completely enclosing the upper porch
there and, you know --
CHAIRMAN STRAIN: Right.
MR. JACKSON: -- putting glass and walls, that type of thing in
there. The screening of -- I think mosquito abatement is good.
CHAIRMAN STRAIN: Yeah. D referenced the front porches.
That's why when you said second story porches, I just wanted to make
sure the same application --
MR. JACKSON: Yeah.
MR. EHARDT: That's fine, I agree.
COMMISSIONER MURRAY: Can second story porches be in
the rear as well, or on the side?
MR. JACKSON: Yes.
CHAIRMAN STRAIN: That's all the questions I have on 45.
Does anybody else have any?
Ready to go to 46. We're knocking them dead here today. Any
questions from the -- you want me to just move into mine?
COMMISSIONER CARON: Just a question. This is where
mine says it's a minimum of ten feet back, and you were changing that
to 23; is that what I heard earlier?
CHAIRMAN STRAIN: Item F is where the 23, I think, was
being changed.
MR. EHARDT: Yeah. If it doesn't have a garage, it could be ten
feet back.
COMMISSIONER CARON: Okay.
MR. EHARDT: If it has a garage, it would be 23 feet back.
49
16 112C 7 '"
September 30, 2005
COMMISSIONER MURRAY: If it doesn't have a garage now,
it may have a garage later. You want to make certain that you have
enough geometry there for the three extra feet, so you want to look at
that.
MR. WHITE: May I ask a question, Mr. Chairman?
CHAIRMAN STRAIN: Yes, sir.
MR. WHITE: Is it anticipated that the seven feet of
encroachment anticipated for the front porch would be the maximum,
or would you be able to get another three feet for steps?
MR. EHARDT: I'll make it a maximum. If I have to put that,
seven feet would be the maximum.
COMMISSIONER MURRAY: Talk into the mike, sir.
MR. WHITE: Okay.
MR. EHARDT: I'm sorry. Seven feet would be the maximum,
and I will show -- state it that way.
MR. WHITE: Inclusive of steps?
MR. EHARDT: Exclusive of steps.
MR. WHITE: In, inclusive of steps.
COMMISSIONER SCHIFFER: No. He -- he said that steps
could be in front of that, Pat. Because steps would be below --
MR. WHITE: So--
COMMISSIONER SCHIFFER: -- 30 inches.
MR. WHITE: So there'd be the total of up to ten feet--
MR. EHARDT: Right. You could use --
MR. WHITE: -- of encroachment.
MR. EHARDT: You could use the setback area in this particular
district is ten feet off the right-of-way or back of sidewalk line.
COMMISSIONER SCHIFFER: Right.
MR. EHARDT: And that can be -- seven of that can be used for
the porch and three of that could be used for steps, if it's -- if that
much step is needed. I guess you were saying it may not need that
much.
50
16 1128 7 .~~_.
: ",'~~ September 30, 2005
COMMISSIONER SCHIFFER: But what I'm saying is if you
put a non-covered porch, just a -- you know, a sitting deck with no
roof on it, you could theoretically build that out to the property line, as
long as you're lower than 30 inches, by our code now. So -- and the
reason I think the steps wasn't an issue is because they would never be
higher than 30 inches, thus they would never be required to meet
setbacks or anything anyway.
CHAIRMAN STRAIN: I'm not --
MR. WHITE: I'm assuming in asking the question only with
respect to structures that would be greater than 30 inches.
COMMISSIONER SCHIFFER: I mean --
CHAIRMAN STRAIN: Okay. Let's -- are we all done with 46
now? If we are let's, move onto 47. Under 6A, ownership of an
accessory unit shall not be transferred independently to the primary
residence. What about occupancy? I mean you have an accessory
guest house, I don't believe in Collier County you can lease those out.
Is that still applicable in this district? Are you intending --
MR. EHARDT: I wouldn't -- I would not want to lease or any
rental, anything like that.
CHAIRMAN STRAIN: Okay. So, Susan, our code would still --
in the use of a guest house would still prevail over this language?
MS. MURRAY: Correct.
MR. EHARDT: I think we had a different language in there
before, and someone suggested to use guest houses, more in matching
with what you had.
CHAIRMAN STRAIN: Under E, talking about maximum height
of structures. Containing a guest house over a garage is limited to a
maximum of 20 feet. You're going to put a garage and a guest house
in a 20- foot high building?
MR. EHARDT: I said the overall height was 26 feet. You might
have a pitch roof, and you might be able to get something in -- you
know, dormers and things inside that, but I'll check those dimensions.
51
16112C7'
September 30, 2005
I went over it several times.
CHAIRMAN STRAIN: And that's zoned height then, or actual?
MR. EHARDT: 26 is actual, the 20 would be zoned.
CHAIRMAN STRAIN: When you -- just to catch up. When you
do any -- when you refer to heights, if you always use one of those
words in the front of it, everybody will know what you're --
MR. EHARDT: Actual or zoned?
CHAIRMAN STRAIN: Yeah.
MR. EHARDT: Okay.
CHAIRMAN STRAIN: I think everybody will know what
you're talking about then based on our code.
COMMISSIONER SCHIFFER: Well, Mark, could we discuss
that a little bit?
CHAIRMAN STRAIN: I--
COMMISSIONER SCHIFFER: Since the last meeting I kind of
retreated and went to back to my Miami traditional neighborhood
friends who are kind of leading the world on this, and the eve height is
a really good way to measure.
I think what we might want to do is invent a third definition of
height, rather than abandon that, because I don't think they can
describe what they want with the two definitions we have now. In
other words, we have a definition now which is the actual height,
which is to the top, you know, everybody uses the word hip roof for
top.
Okay. But -- then we have the zoned height, which is, in many
cases, depending upon your roof. What they're trying to control is the
facade height. They're trying to control the face of all these buildings
on the street, which I don't think can be done by the zoned height
dimension.
MR. EHARDT: We're also trying to match up with the language
that's in the compo plan of these, you know, story heights of 14 feet.
And if we try to measure that -- if -- if -- let's say 50 -- and it can do a
52
16 , 12 C 7 · · September 30, 2005
three story building, that's 42 feet. If that's the height to the midpoint
of a hip roof, that means I can't do three stories there because that
roofs going to push that top --
COMMISSIONER SCHIFFER: Yeah.
MR. EHARDT: -- story --
COMMISSIONER SCHIFFER: Yeah.
MR. EHARDT: -- down some.
COMMISSIONER SCHIFFER: Right. And I think in essence
what you do is you'd cause everything to have flat roofs, and I don't
think that's the intent either.
MR. JACKSON: All right. Mr. Schiffer, when we left the last
meet, Mr. Strain -- the last word I got from him in direction was that it
would be okay -- and correct me if I'm wrong -- that -- that we would
measure first habitable by story height, and then all we needed to do
was come up with a maximum height or actual height for the roof,
whatever that would be. And we discussed that this morning and
looked at it.
For instance, properties that are in the area that are zoned C4
right now, if they build to C4 the maximum height by code is seven to
five feet. So if -- in our mixed use you can go up to 56. So -- and
that's just the facade height to the eve. So we're planning on
recommending and writing in the code first habitable floor, facade
height up to 56 feet, four stories. And then the maximum height
would be no higher than what you could build if you were C4 because
some properties may not flip over to mixed use. They may be C4, and
you have this mixed use next to it and then you would have similar
type roofs, you don't have too many towering above the others. So
that's what we're toying with right now.
We really prefer and from the development services advisory
committee was to measure first habitable floor to the eve and it's
because it's easy, it's simple, it's right there, it's one measurement.
And then you don't have to play with the various kinds of roofs that
53
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September 30, 2005
could be designed.
COMMISSIONER SCHIFFER: It's more predictable, I mean for
the street facade, which is what you're trying to do.
MR. EHARDT: I would -- I would just, you know, say that
when we say in C4 -- and correct me if I'm wrong, but by saying C4,
that the maximum height is 75 feet, the actual height of a hip roof
building is more than 75 feet. I just want to make sure everyone
understand that. Because you're measuring to the mid -- median of --
COMMISSIONER SCHIFFER: Well--
MR. EHARDT: -- between the --
COMMISSIONER SCHIFFER: Right. I mean --
MR. EHARDT: I'm just saying there's no -- right now I -- I -- I
believe you do not have a maximum height of building in your code.
COMMISSIONER SCHIFFER: No.
MR. EHARDT: It's a height that's measured to particular places
COMMISSIONER SCHIFFER: Right.
MR. EHARDT: -- on the type of roof that's there.
COMMISSIONER SCHIFFER: Depending on the roof. We do
have a definition that's useful in PUDs. The -- but the concern I have
is for you to actually control the facade with our two dimensions, you
would have to come up with a different height for each different
building, you'd have to limit roof pitches, you'd have to limit -- I mean
a roof, the depth of the -- I mean the geometry of it would be -- I mean
I think that's why in some of these new urban situations they are
controlling the eve height.
I know the City of Palm Beach, to get rid of the mega structure
problem that we have -- and we still have to do this here -- controls it
by eve height, buildings, residential buildings.
MR. JACKSON: And when I went over and talked with the
CRA manager over in the City of Naples in their Fifth Avenue South
area, that's how they measured it. And when you walk down that area
54
16 112C 7
.~...
· September 30, 2005
and look at it, you don't really notice that most of the buildings are
about the same height because the balconies, the windows, the
treatments, the roofs are all different, and so you end up with this very
interesting set of buildings that produces the results that you all know
that happens.
COMMISSIONER SCHIFFER: And at a pedestrian level the
roof is almost irrelevant because it's not even visible, unless you're
across the street or something. So setting the height of a building by
its roof structure doesn't make sense in an urban area, I don't think.
CHAIRMAN STRAIN: Well, and, Brad, I'm not concerned
about the -- how the height comes out. I'm more concerned with the
consistency with the code that so everybody reading the code doesn't
have to go to different definitions for different sections of the code.
But if staff has a way of making that work, then maybe Susan can
render a thought on this whole matter. We have currently, I believe,
two definitions for height in the code, and I don't believe the original
language here was consistent with either one of those. And that's --
MS. MURRAY: Probably not. Because it was adopted
obviously before the week changed from -- and to -- referenced zoned
and actual.
The last time we talked about this I remember the concern from
Brad was he didn't want to make them strictly abide by that because
then you were getting into design issues and kind of forcing design on
a certain building. Is that still --
COMMISSIONER SCHIFFER: Well, no, I --
MS. MURRAY: -- an issue?
COMMISSIONER SCHIFFER: -- can say it differently. In
other words, when you're designing an urban area, which our code
prior to this is a suburban code, you're concerned with the facade
heights of the building, the face of the building that's on the street.
And so what they've come up with, which other people in the country
use, is a system of measuring it to the eve height.
55
16 112C 7
~'
September 30, 2005
That doesn't -- in a suburban code -- I think the solution should
be -- is that we corne up with a third definition of building height via
the eve method. I think we're going to use that definition when we try
to combat the mega structures, mega homes and stuff, because that's
how other communities do, is that we should add that third dimension.
Not try to make them design a street facade using our -- our
definitions, which are suburban.
MS. MURRAY: I -- I thought about that a little bit more,
Catherine, and I talked about that, too, after the last meeting and don't
have an objection to that. I think it makes sense. I think you're going
to see a lot more of this type of development. I think we ought to
maybe look at it trying to be consistent and -- and develop something
that addresses it.
If they want to do it in here as part of this overlay, I think that
would be fine, too, and we'll just use the standards of the overlay to
measure building height. I mean if -- we're going to be using other
standards, so just including height in there isn't really going to throw --
I don't think throw anybody off.
MR. EHARDT: I -- I would say, too, I just want to reiterate that,
you know, we're trying to be in compliance with the comprehensive
plan that talks about three story and four stories, measured by this
14-foot increment. And like I said before, if you have a hip or gable
roof and your maximum height's 56 feet, you're -- you're not going to
get three stories or four stories. You're going to push -- that top floor
is going to be smaller.
MS. MURRAY: I think--
MR. EHARDT: And you're -- you're --
MS. MURRAY: Yeah.
MR. EHARDT: -- kind of denying --
MS. MURRAY: It's unfortunate that the comprehensive plan is
that specific because I -- I think probably what the comprehensive
plan should have said is just as you described, that, you know, there is
56
16 112 C 7 1:'.~eptember 30,2005
-- you're wanting a -- an urban appearance and that the rules should be
drafted, the zoning code should be drafted to -- to encourage that.
You're kind of stuck with going with the -- you know, what the camp
plan says at this point, unless you change the camp. plan.
COMMISSIONER SCHIFFER: Well, but he's not changing the
story. The--
MS. MURRAY: No. You're just -- the way you measure.
COMMISSIONER SCHIFFER: I think what we should do is
just add a definition. I'll certainly volunteer to work with you guys to
come up with it. I mean it's written all around the country.
CHAIRMAN STRAIN: Well, I think that staff -- if staff can
work out something with you-all, why don't we just approach it that
way and come back to us?
MS. FABACHER: Excuse me, Mr. Chair?
CHAIRMAN STRAIN: Yes?
MS. F ABACHER: I just had a comment. Our understanding the
mixed-use district in the -- in the triangle, it's possible to let the roofs
be any size they want, but you're talking about mega structures. Here
you are on Bayshore Drive and most of the structures surrounding
right now are one story residential, behind in the back there. You're
talking about a building here -- if you let it be 56 feet to the top of the
eve -- and each floor, Brad, remember needs -- has to be 14 feet.
COMMISSIONER SCHIFFER: No.
MS. FABACHER: No?
COMMISSIONER SCHIFFER: I mean that's what we consider
by the compo plan what a story equals. It could be twice the 14 feet.
That doesn't mean everybody --
MR. EHARDT: It appears to be a little bit different --
COMMISSIONER SCHIFFER: I guarantee --
MR. EHARDT: -- but the maximum is three stories and that's--
MS. FABACHER: Well--
MR. EHARDT: -- 44 --
57
16 112C 7 I
September 30, 2005
MS. F ABACHER: So -- so you're --
MR. EHARDT: -- 56.
MS. FABACHER: -- saying that we're -- he -- that the designers
are not held to a 14- foot story.
COMMISSIONER SCHIFFER: I don't know any designer that
-- there's -- very rare, 14- foot --
MS. F ABACHER: Well, then --
COMMISSIONER SCHIFFER: -- is very --
MS. F ABACHER: -- why does that need to be in the regs.?
Because that confuses people and--
COMMISSIONER SCHIFFER: Because it's --
MS. F ABACHER: -- you can --
CHAIRMAN STRAIN: One at a time, now.
MS. FABACHER: I was saying that you could build to a
maximum height and then you let your stories fit in and -- if you
measured our old way. But let me just say this. If you measure to the
eve and you allow yourself to have 56 feet -- suppose you got a depth
of 60 feet in your building, you're on a four to 12 roof, that gives you
another 20 feet. You're go to have a 76- foot building along Bayshore
in a neighborhood where everybody else is in a one floor building.
And you don't think that's a monstrous building?
COMMISSIONER SCHIFFER: Well, I mean by code now that
-- we could build that now. I mean C4 zoning, we can build 75 feet
height. Remember, that's the --
MS. FABACHER: Yes, but the--
COMMISSIONER SCHIFFER: -- zoned height, that's not even
the height of the --
MS. F ABACHER: But the --
COMMISSIONER SCHIFFER: -- the roof --
MS. FABACHER: But the RNC is supposed to be C1 to C3
uses, and that's -- that is -- the maximum height is 35 -- what is it? 50
feet in a C3.
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COMMISSIONER SCHIFFER: But I think it -- and, you know,
maybe the best way to answer is the --
MS. FABACHER: I mean--
COMMISSIONER SCHIFFER: -- illustration.
MS. F ABACHER: I'm not -- I'm just trying to clarify that this is
supposed to fit in with the neighborhood.
CHAIRMAN STRAIN: I think the concerns that Brad's
expressed, you've expressed, and Susan's talked about and are -- and
the rest of the panel today are on the table, and I don't think we're
going to be able to work this language out at today's meeting. So why
don't we let you-all work it out, and when you come back to us, we'll
take a closer look at what you're providing at that point.
MR. EHARDT: If I may make just one comment is that the 56
feet height limit is if it's a mixed-use project. If it's strictly residential
or strictly commercial, then it can only be to the 42 feet. And that's
from the language in the compo plan.
COMMISSIONER SCHIFFER: And I think some of these
heights even to me as a designer seems high. The 14- foot floor to floor
comes from the compo plan. You can't blame them for that. I mean --
MS. FABACHER: I'm not--
COMMISSIONER SCHIFFER: -- they're just -- they're saying --
MS. FABACHER: I'm not blaming them at all.
COMMISSIONER SCHIFFER: I think what we should do in the
compo plan is get rid of the concept of stories and stay with height.
MS. FABACHER: But, Brad, if you're saying -- no, this is good,
because if you're saying that that just defines -- a story doesn't mean
you have to build. It doesn't say you have to build your story 14 feet,
does it?
COMMISSIONER SCHIFFER: I'm not exactly sure what it
means. It means that when these guys want to do four stories, they
multiply four times that number.
MR. JACKSON: Yeah. 14 feet for me was a definition of how
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tall that building can be, but there's other restrictions that are going to
keep those things from being mega structures because right now
parking is limited, land is limited, most of the place is built out. So
you're going to end up with your two or three story buildings in most
of the locations because of the physical limitations for parking,
landscaping, and storm water management. Now, there are other
factors that will control this height. Height by itself will just -- will __
COMMISSIONER SCHIFFER: Well, even budget, too. You
wouldn't build that massive a roof that wouldn't be seen from a street.
MR. JACKSON: Correct.
CHAIRMAN STRAIN: Okay. I think heights had enough
breathing room today. It's time for the court reporter for break. We'll
take a ten minute break and resume at 2:40.
(A brief recess was taken.)
CHAIRMAN STRAIN: Okay. We're running a couple minutes
behind. If you'd all take your seats.
Okay. We were on page 47. We finished the debate about
height. I have some questions on the page, if no one else does. Okay.
And for the record, Commissioner Adelstein has left. He was not
feeling too well so shouldn't have been here in the first place.
MR. WHITE: Mr. Chairman, I'd just like to put one other matter
on the record before we resume. And that is that each of you have a
handout. That handout derives from the firm Planning Development,
Incorporated. We had received it earlier today through one of their
employees, and I believe these are the comments and suggestions of
Michael Fernandez from that firm.
They're not for your immediate review or consideration today,
but I would suggest you take them under advisement and perhaps for
the next meeting. And if you have any questions, you may choose to
contact Mr. Fernandez -- I have his business card here if you care to --
or to work through the staff to respond to these comments, if you
choose to.
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CHAIRMAN STRAIN: Thank you, sir.
MR. WHITE: Thank you.
CHAIRMAN STRAIN: Onto page 47. I understand that some
of the existing language was from the GMP. Under 6G, I notice it's all
crossed out. Is that language that was original and it's crossed out?
MR. EHARDT: Yes.
CHAIRMAN STRAIN: Okay. Then I guess my question would
be if it's in the GMP, how can we not leave it in in regards to that
issue?
MR. EHARDT: Oh, wait. I'm sorry. That was new language.
I'm sorry. That was new language, I forgot.
CHAIRMAN STRAIN: Okay.
MR. JACKSON: If it was existing, it would be in black, not
underlined.
CHAIRMAN STRAIN: Susan, do we normally count guest
houses as any form of density?
MS. MURRAY: No.
CHAIRMAN STRAIN: Okay. So that suggestion isn't even
needed then. Under 7B, this is a clean up issue from existing
language. The fence is not opaque but provides an open view. I guess
there could be a lot of debates on how much of a percentage of opacity
is open view. Maybe if you were to attach a percentage to that, it
would help clarify it for the future.
And the same with D. It talks about fence materials shall be a
wood, vinyl composite, stucco block, or metal. I was curious, I
noticed stucco block was inserted. How do you get an open view with
stucco block?
MR. EHARDT: It might be a combination. You could have
some metal with some, you know, columns or something.
CHAIRMAN STRAIN: That's what I was understanding. So if
you put an op -- a percentage in there, then --
MR. EHARDT: Sure.
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CHAIRMAN STRAIN: -- that will work out fine.
COMMISSIONER MURRAY: Or a combination.
CHAIRMAN STRAIN: That's all I had on 47. Does anybody
else have anything? If not, we'll head onto 48.
MR. EHARDT: May I add something on 48? Because I just
talked with David Weaks, he had to leave, and this was an oversight.
If this -- this section on bed and breakfast is only allowed in the
mixed-use developments which are in the C -- NC category or the
waterfront category. So I just will be moving those into that section.
I'll be glad to take any comments you have on what's written
here, but I'm just saying that's the section they belong into. They fall
into the category in the county of hotel/motel. And those are uses
more in the commercial zone.
CHAIRMAN STRAIN: Okay.
MR. EHARDT: I just wanted to clarify that.
CHAIRMAN STRAIN: You're going to make that change?
MR. EHARDT: Yes, sir, I will.
CHAIRMAN STRAIN: In that same section, C, I notice you --
the parking, instead of -- for like -- for a six unit bed and breakfast,
you only require four parking spaces. Am I reading that correct?
MR. EHARDT: Which item is that? I'm sorry.
CHAIRMAN STRAIN: Four.
MR. EHARDT: That's what I was saying, I didn't want to get --
overdo the parking in those particular locations but -- because I was
thinking of a residential. But since it's moving to a commercial zone,
we can make it one per -- per unit --
CHAIRMAN STRAIN: Okay.
MR. EHARDT: -- would be fine.
CHAIRMAN STRAIN: That's -- that's where I was going.
MR. EHARDT: Okay.
CHAIRMAN STRAIN: On number seven, an on-site manager is
required. Is there any parking? If there's -- if you guys in your district
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feel that you want to make sure there's enough parking, an on-site
manager needs to have parking space. You might want to take a look
at that.
MR. EHARDT: Well, I guess we were thinking it would be
included in the two spaces that come with your unit, plus a number of
spaces for each unit you have.
CHAIRMAN STRAIN: Okay.
MR. EHARDT: We've been--
CHAIRMAN STRAIN: Then you'd still get it through.
Number eight, doesn't that go without saying? If you have a bed
and breakfast, it's got to comply with all --
MR. EHARDT: Again, that --
CHAIRMAN STRAIN: -- the licenses--
MR. EHARDT: That was original language, I'm sorry, be glad to
take that out.
CHAIRMAN STRAIN: You want to just clean it up? If it's
already -- it's redundant and it just lengthens our number of pages we
have to type and read.
MR. EHARDT: That's fine.
CHAIRMAN STRAIN: Towards the bottom, under 40219A, it
says the -- the second sentence. The multifamily buildings shall be
compatible with the building patterns of traditional neighborhood
design. Susan, is there some way that we'd be able -- someone would
be able to determine how compatibility weighs in with building
patterns?
MS. MURRAY: No, not -- not without specific criteria.
CHAIRMAN STRAIN: Then I think that needs to be addressed
in some manner so there's some--
MR. EHARDT: I -- I don't know of any way to address it. I've
tried -- I've looked at different things trying to address that. I'd just
soon strike that and let the setbacks and the criteria we have here for
lots stand --
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CHAIRMAN STRAIN: I think you're right. Because If you can't
address it --
MR. EHARDT: -- based on that.
CHAIRMAN STRAIN: -- it's not going to be applicable
anyway.
MR. EHARDT: Just let it -- doesn't apply to that.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: Just on that, quick, Mark, what
if you reference the architectural design theme that -- I know it's in the
commercial district, but you could reference that if that's the intent. I
mean do you want to theme that area or --
MR. EHARDT: We weren't going -- we were only going to
apply the theme basically to the -- to the commercial areas. If we
want to do it to the residential, I can certainly do that, but we didn't
want to be that restrictive on residential. So we left it mainly for the
commercial type uses.
CHAIRMAN STRAIN: That's the only questions I have on that
page. Does the rest of the panel have any? None. We'll move onto
49. Forty-nine, under A, 4.02.20A. I know this is existing language,
but lately we've been giving it more attention. References mobile
homes.
MR. EHARDT: That needs to be struck.
CHAIRMAN STRAIN: Okay.
MR. EHARDT: I agree.
CHAIRMAN STRAIN: Good. Then you already know where
I'm going.
MR. EHARDT: The same in the table below, I struck it also.
CHAIRMAN STRAIN: Good.
MR. EHARDT: And the same the table below that table I struck
it also.
CHAIRMAN STRAIN: I circled all of them so if you struck
them all, we haven't got to worry about it.
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September 30, 2005
The third line in that top one that I started talking about --
actually, the second sentence says all new development in this subject
shall be compatible -- we're back with that building patterns thing.
MR. EHARDT: Right.
CHAIRMAN STRAIN: So you wherever you're going to
however you're going fix that, you may want to look at that, as well.
And that also appears, towards the bottom of the page, under 4.02.21,
again, A, and you'll see the mobile home reference in all that. So,
those are the areas that might want to be consistently cleaned up.
COMMISSIONER SCHIFFER: Mark, just before we leave
residential --
CHAIRMAN STRAIN: Right.
COMMISSIONER SCHIFFER: And I don't think we can change
it, but isn't it odd that the lower density has the higher number and the
higher density has the lower number? I mean our one is our highest
density for housing, our five is our lowest density, right?
MR. JACKSON: Yes.
COMMISSIONER SCHIFFER: I mean I don't -- I mean I -- if
we were going to do this again, I would --
MR. JACKSON: Well, that all-- that all depends. I mean ifmul
-- land that's -- according to the numbers that I've seen, mobile home
lots or mobile home zoned or R V zoned is five -- 7.25 units per acre,
RMF6, which is Rl, is six units per acre so actually can be more dense
that -- in that number for mobile home lots by what -- what I pulled
out in the code.
COMMISSIONER SCHIFFER: Yeah.
MR. JACKSON: So we're just -- we would just try to
sequentially number those.
COMMISSIONER SCHIFFER: I understand that. I don't think
we should go back, but it -- I mean it is reverse of what's normally
done where Rl would be lesser, R2 would be higher--
MR. JACKSON: Correct.
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September 30, 2005
COMMISSIONER SCHIFFER: -- R3 -- too late now.
MR. JACKSON: We were working with existing code.
COMMISSIONER SCHIFFER: I understand.
MR. JACKSON: Or existing numerology. Excuse me.
CHAIRMAN STRAIN: Okay. We'll move onto page 50. This
one was interesting because in D 1, this time it was left in or not struck.
There should be a minimum one residential dwelling unit. Is that __
well, I guess, Susan, you answered that we don't count guest houses.
So even if you were to have the one residential dwelling unit, you
could still have a guest house; is that --
MR. EHARDT: I -- excuse me, I want to make sure. Are you on
the RNC, at the bottom of the page?
CHAIRMAN STRAIN: Yes, sir.
MR. EHARDT: Okay. We understand the history from this.
There was a particular business near the Bayshore area several years
ago, many years ago, that was operating illegal. I think -- I'm not sure
what she was doing. I mean illegal in the sense that it was an illegal
home occupation. She had people coming for business and so forth.
And this provision, this RNC category, was put into the original
overlay or one of the amendments. I can't -- maybe amendment
number two, I don't remember for sure. And -- to allow that business
to continue there, to make her, quote, conforming in a sense and allow
that business to stay there.
There also was some other parcels along Bayshore, further south,
that also had this designation that still exists in the present overlay
that's on the books right now. We felt -- in this overlay we're
eliminating that further RNC category on Bayshore, and it's just going
to go to neighborhood commercial.
MS. FABACHER: Thank God.
MR. EHARDT: Do you follow me so far?
CHAIRMAN STRAIN: Yeah.
MR. EHARDT: Okay. And what we would like to do is
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eliminate the category completely and just leave that particular
business that exists up there as a legal nonconforming use -- if that's
legally possible, I don't know -- and just eliminate this category.
Because we don't want to have this category -- someone could come in
and I guess ask for rezoning to that category, we don't want that to
happen.
CHAIRMAN STRAIN: We have plenty of legal nonconforming
uses in the county after we changed the codes. Why don't you get
together with staff before the next meeting and see if you can classify
it that way and we can get rid of this?
MR. EHARDT: I would just -- you know, just as soon strike that
particular element out of the whole thing. And just -- and she would
just stay that way.
CHAIRMAN STRAIN: I suggest if you work with staff, you
might be able to find a way to resolve that, get us through it.
MR. JACKSON: And that is new -- new discovery here at this
meeting that -- that's why we're talking about it here. We've been
trying to eliminate it. So that's new discovery language. We'll go
ahead and come back to you with it, and hopefully it will completely
be eliminated.
CHAIRMAN STRAIN: Okay. Well, then I had other questions.
I'll just skip those. Go ahead.
COMMISSIONER SCHIFFER: Is there a zone on the map for
that somewhere?
MR. EHARDT: Right now --
COMMISSIONER SCHIFFER: Yes.
MR. EHARDT: -- under your present code, there is. There are
two areas that are zoned on -- on the old -- on the existing Bayshore
overlay there are two areas that are designated RNC.
COMMISSIONER SCHIFFER: But on your proposed map, it's
not?
MR. EHARDT: On my proposed map, there's one that's left.
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September 30, 2005
But since there's just one, I'm saying let's eliminate that.
COMMISSIONER SCHIFFER: Where is it, though, just for
reference?
MR. JACKSON: It's on Becca Avenue.
MR. EHARDT: Up near Bayshore.
MR. JACKSON: It's--
MR. EHARDT: It's north of Haldeman Creek.
MR. JACKSON: Yeah.
MR. EHARDT: It's hard to see on the small one.
MR. JACKSON: Maybe it's Weeks Avenue.
COMMISSIONER SCHIFFER: Yeah. I--
MR. JACKSON: I think it's south of what -- that main shopping
center.
COMMISSIONER SCHIFFER: Okay.
MR. JACKSON: There -- there's a strip mall shopping center
south of the Gateway plaza area, and it's -- I think it's the comer house
there.
COMMISSIONER SCHIFFER: Is it a beauty parlor now?
MR. JACKSON: Yes.
COMMISSIONER SCHIFFER: Okay.
MR. JACKSON: That's it.
COMMISSIONER SCHIFFER: I know where it is.
MR. JACKSON: Yeah.
CHAIRMAN STRAIN: In those -- if you're going to strike this, I
guess I'll save any further questions I had until you find out if you can
strike it or not.
Under 40221 C -- and it's the Roman -- or the first letter A, the
second sentence puzzled me. It says a portion of the subdistrict,
which has C5 as its underlying zoning, needs to opt this art village
subdistrict with the following standards are to be used. Needs to opt.
What -- what is it you're -- are you telling people they have to or they
mayor they shall?
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MR. EHARDT: Should be -- should be may.
CHAIRMAN STRAIN: Okay.
MS. MURRAY: Should be may.
CHAIRMAN STRAIN: Okay. So needs to opt you'll replace
with the word may. May opt needs to --
MR. EHARDT: Right.
CHAIRMAN STRAIN: Under B, dimensional standards, your
front yard build to line there is five feet from the property line to the
outer wall of the building footprint. Basically, a five-foot setback.
Most streets -- and I'm not sure in this area, and there's nobody from
transportation here -- have a ten-foot utility easement outside -- on the
first ten feet outside of the right of ways. And that's for cable, all the
other kind of private utilities. Is that occurring here? And if it is --
MR. EHARDT: This is on private property. In some cases there
aren't streets there yet. They're just swales with pavement and
drainage on the side. If an urban street section goes in, this would be
five feet behind the -- it would be five feet behind the property line.
So it would be on private -- it would be private property, I guess.
CHAIRMAN STRAIN: Well, these easements are on private
property .
MR. EHARDT: Yes.
CHAIRMAN STRAIN: Your right-of-way line begins your
private property line.
MR. EHARDT: Right.
CHAIRMAN STRAIN: And where you have to have private
utilities; Sprint -- telephone companies, cable, they require and Florida
Power & Light requires ten feet back from the right-of-way line in a
lot of areas. And I'm just wondering if that's going to apply in this
area or where would you put your utilities? Because you're generally
not allowed to put them in the right-of-way.
MR. EHARDT: I'd have to -- I'd have to consider that. I don't
have an answer for that --
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CHAIRMAN STRAIN: Okay.
MR. EHARDT: -- right now, but I'll look into that.
CHAIRMAN STRAIN: If you don't mind.
MR. EHARDT: Uh-huh.
CHAIRMAN STRAIN: I'm onto page 51. Is everybody else?
COMMISSIONER SCHIFFER: Let me just ask Dave a
question.
Dave, the intent of this -- this area -- because I've been at some
meetings, and I thought one area you were going to have it where
artists could live and they would be able to have an employee come,
they could have a studio in the backyard, which sounds like the area
that we just got rid of, the RNC. Is this the area where that would
occur now? In other words, an artist would live above a -- could be a
two story work space and have a gallery or --
MR. EHARDT: We had -- we had considered when we were
doing it, the first draft -- first couple drafts we went through on this of
having this artist village be basically a residential area where you
could have a business, a studio, or something connected with that
residential. After further discussions with some people in the art
community and so forth, they decided they'd like to have a more
permanent commercial type use.
So the basic intent of this is to basically have commercial related
to the arts, uses in this area. But you can have a studio or an
apartment on the second level. You can't have just a residential
development in this particular area. Or you could have just residential
and commercial together on a parcel land along the Bayshore area, the
NC commercial. It doesn't have to necessarily be on top of each other,
okay?
COMMISSIONER SCHIFFER: Right.
MR. EHARDT: But in this area, in the artist village, you have to
have commercial businesses rule, and you can have an apartment or
some other, you know, living unit above that particular area.
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COMMISSIONER SCHIFFER: And I know that there's only
like one strip of this zoning on -- coming off of Bayshore, and I can't
read the name of the road.
MR. EHARDT: Van Buren--
COMMISSIONER SCHIFFER: Right.
MR. EHARDT: -- is the street. On the north side of that is
existing C5 commercial.
COMMISSIONER SCHIFFER: Right.
MR. JACKSON: And on the south side is residential, part of a
mobile home park, the one block frontage. We were trying to create
now this pedestrian street frontage along there for the arts. Now, Mr.
Weaks isn't here, but he's informed me that that residential component,
in order for it to go to commercial, has to be linked to the commercial
that's on Bayshore.
In other words, you have -- you have neighborhood commercial
on Bayshore. If there's a residential lot next to that commercial, then
it can go to commercial, and keep sequencing down. You couldn't go
on the Van Buren Street in that residential area on the south side, take
two or three mobile home lots, and do a commercial build
independently, unless it was connected to the commercial use on
Bayshore.
Am I -- it's very convoluted, but that's the way they interpret it in
the compo plan.
COMMISSIONER SCHIFFER: So what you're saying, now that
that southern properties, they have to be -- I guess through the domino
theory you can connect it through commercial.
MR. EHARDT: That is correct. Unless -- or if someone brought
the whole thing and did --
COMMISSIONER SCHIFFER: Right.
MR. EHARDT: -- commercial, he'd be fine, yes sir.
COMMISSIONER SCHIFFER: David, one time I went to a
presentation you had, and the area to the south of that, which you now
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1,./ ~
.-'
.....;' September 30, 2005
call R5, was to be artist village two, pretty much the same as that
residential, commercial we just threw away.
MR. JACKSON: Yes, sir.
COMMISSIONER SCHIFFER: I thought that's kind of what an
artist would want more than anything, is the cottage, the studio in the
back, the people stopping by to buy art and --
MR. JACKSON: Correct.
COMMISSIONER SCHIFFER: -- apprentices coming to learn
the trades.
MR. JACKSON: We didn't change any of the setbacks design
criteria allowing the mobile homes to be removed and single-family
homes built there, multistory or -- that would fit. What we could not
do is control somebody going in there and what they did with their
property. That if they went in there and took a mobile home out and
put in a nice two story house, that they -- they -- we could not require
them to be the artist there.
And so it got -- it -- Brad, it fell into the too hard category, too
large. And we weren't sure that we would get the synergy that we
needed to do.
I need to talk to you off line because I don't want to divulge it
here, but we have alternate plans to make it much more
comprehensive and something that will actually work. This is one of
those things that you hope that if you designate it, they would -- it
would -- they would come. We didn't have the feeling that they would
come, and -- because of the artist community didn't quite feel that this
would be the synergy that they wanted.
So we restricted it only to Van Buren because it had C5. And the
other restrictions that Mr. Weaks told us, it had to be attached for
commercial for it to roll from residential to commercial. So what
we've got is we've got a -- we've got a problem making it work. It's a
great idea. So we've got an alternate plan that I'd be glad to brief you
later that we may want to remodel this a little bit.
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September 30, 2005
.., J
COMMISSIONER SCHIFFER: We'll move on.
CHAIRMAN STRAIN: Page--
MR. EHARDT: I may -- I may also say that in talking to some --
we had five or six, I think, of the artists come into Mr. Jackson's
office, and most of them wanted some bigger space. They wanted
bigger studio type space, which a commercial type thing would allow
us.
CHAIRMAN STRAIN: Page 51. I have a couple questions.
Maximum density, 12 units per acre. That is not -- that's only
consistent with the 388 available density units. How -- is it -- you're
in the CHHA, you're in the coastal high hazard area area. I just gotta
make sure that by stating this here, you're not increasing the density to
that area at all. How is the 12 units derived?
MR. JACKSON: Well, we -- we will not -- we will not be
increasing the density within the overlay area, but we will be
increasing the density in that particular area of the -- of the zoning. In
other words, we have the pool that came out of the botanical gardens
-- we talked about this last time.
CHAIRMAN STRAIN: Right.
MR. JACKSON: -- and they're going to go somewhere in this --
somewhere in this overlay area. And wherever they go, there will be
an increase in density.
CHAIRMAN STRAIN: Okay. Well, that's what I thought. So,
basically, what you're using is your base density, plus whatever's
available from the pool until the --
MR. EHARDT: To get up --
CHAIRMAN STRAIN: -- pool is used up.
MR. EHARDT: To get up to 12, yes. And if there's not any left,
they can't do it.
CHAIRMAN STRAIN: Okay. I just -- I know you had the
footnote, and I'm just wondering if that's the clearest way that needs to
be said because I'm just concerned that in any coast high hazard you're
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not allowed to increase the density . You're supposed to --
MR. JACKSON: Unless you use the affordable housing density
bonus --
CHAIRMAN STRAIN: Right.
MR. JACKSON: -- correct. And -- and that is stated very
clearly by the zoning and planning staff when people come in. And
right now -- we talked last time about -- or the incentives there for the
redevelopment community to come in and do it, and we monitor that
and it's -- yes, that's 388 units will go somewhere. They'll be
disbursed first come, first served basis, and when they're done, they're
done.
CHAIRMAN STRAIN: Okay.
MR. JACKSON: Unless somebody comes in, like I said, with an
affordable housing density bonus that's approved through the process.
CHAIRMAN STRAIN: The last--
COMMISSIONER SCHIFFER: On that point, real quick.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER SCHIFFER: David, Bob Vigliotti asked a
good question last time. Could one developer come in and take all
those units?
MR. JACKSON: Ifhe has enough land.
COMMISSIONER SCHIFFER: Why wouldn't it be to
everybody's best interest to spread it up the street?
MR. JACKSON: Well, that's -- how do you -- how do you do
that without being preferential? I mean how do you -- I've struggled
with this ever since it was brought up. You know, do we sell them, do
we give them away? What's a first come, first served basis? And
right now the compo plan is silent on how they will be disbursed.
Right now in Mr. Weaks' judgment, they'll be first come, first served.
The -- you know, writing these rules about who gets what when
and how, you maybe end up denying somebody -- you know, that Burt
Harris thing about, you know, development rights and if the pool and
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the density is available, how can you deny them that access to it?
COMMISSIONER SCHIFFER: Well, but the intent of that is to
spread the -- across the street. If one guy comes in -- and there's a
couple big pieces of property -- and takes it all -- I mean I know -- I
mean isn't that greed will somehow be reinforced by our statutes or --
isn't there a way -- there's gotta be a way we can distribute it, gotta be
a way we could max it.
MR. JACKSON: You would--
COMMISSIONER ABERNATHY: You just lower the 12 down
to six or some number like that.
COMMISSIONER SCHIFFER: That's a way. The point is that
right now it's going to be grab -- someone's going to grab it, and
wouldn't it be a shame if it all went to one project, all went to one
parcel, all creating a massive density on one part of the street, when
the intent is to spread it across the street?
MR. JACKSON: Well, I don't know that it was the intent to
spread it anywhere, Mr. Schiffer, but right now --
COMMISSIONER SCHIFFER: Well, the Botanical Gardens--
MR. JACKSON: Yes, sir. From what I .
COMMISSIONER SCHIFFER: -- gardens --
MR. JACKSON: From what I know -- from what I know, from
what I know of what's happening in the market right now, there will
probably be a large chunk of it taken initially, and then there will be a
hundred plus units that will be available to go other places.
COMMISSIONER MURRAY: What do you mean, taken
initially? By whom?
MR. JACKSON: I mean spoken for.
COMMISSIONER MURRAY: By whom?
MR. JACKSON: By -- by a development project.
COMMISSIONER SCHIFFER: So 288 --
MR. JACKSON: Spoken for, asked for, and allocated to that
development project, a large number. And then the rest of them
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would be available for other projects. And a lot of it's based on, sir, is
-- is how much land do they have? I mean how much land do you
have? Right now the largest parcel we've got, not counting the
Botanical Gardens or Sable Bay, which is not in the overlay, is one
parcel there at the intersection of Thomas and forty -- Thomas and
Bayshore. The rest of them are--
COMMISSIONER SCHIFFER: We're going to increase one
parcel, essentially taking 70 percent of the pool, and that's going to
create a highly dense neighborhood. I mean is that the goal for these
things, or is the goal to provide -- remember, what we wanted is this to
be a vibrant street life with these units on the -- on -- in other words,
all this stuff we're writing is not going to be relevant because there's
not going to be any residential units that would be available for these
top floors.
MR. JACKSON: I can't argue any -- any of your points in any
other ways that right now they're first come, first served. There is no
policy for numbers written anywhere, any guidance that legally drives
me to go and allocate them any other way.
COMMISSIONER MORRAY: It would seem that inasmuch as
it's the community redevelopment, if you want to spread the wealth
around the community and have the community essentially grow
together, rather than having any significant densities placed because of
the way that was done, I think that certainly needs to be looked at
much more carefully.
MR. JACKSON: Okay.
COMMISSIONER SCHIFFER: And, David, have you looked to
see where the units are going to come from? Where's the density
going to come from? You say, you know, everybody's planning these
things or showing illustrations of residential on top, you're not going
to be able to get that density because you gave it all away at the
comer. I mean where's the density -- how is the person going to get
the units on the upper floors if they can't draw from this pool?
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MR. EHARDT: Well, if it's --
CHAIRMAN STRAIN: Underlying zoning.
MR. EHARDT: They go to the underlying zoning -- well, no, it
would --
COMMISSIONER ABERNATHY: If it's commercial, there
wouldn't be any.
MR. EHARDT: Yeah, you're right.
COMMISSIONER SCHIFFER: Right. So there's no -- you're
really -- these are --
MR. JACKSON: Well, Mr. Schiffer, we also have the other
problem, that either -- that there aren't that many large parcels that can
handle that density and be able to handle the size of the building, the
parking, the landscaping, and the storm water management. They just
physically can't put all those things together in the lots that they've got
that's left in the parcels. So I mean it's a poor man's look at it, but if
you sit down -- I've looked at it and it -- you just can't go and get that
much density up and down Bayshore in the Gateway triangle because
the parcels aren't large enough to handle the density and all the other
requirements that the code requires. It just physically isn't going to
happen.
COMMISSIONER SCHIFFER: But that's -- that's --
COMMISSIONER CARON: We think that's a good thing.
COMMISSIONER SCHIFFER: Yeah, that's my point.
CHAIRMAN STRAIN: One at a time.
COMMISSIONER CARON: So--
COMMISSIONER ABERNATHY: Nobody wants it.
MR. JACKSON: Correct. So I mean the market--
CHAIRMAN STRAIN: One at a time.
MR. JACKSON: The market is going to take care of itself is
what I'm saying.
COMMISSIONER ABERNATHY: You're going to have the --
the fat cats are going to take it all, and -- and 120 unit mixed-use
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development is totally out of character with what you're trying to do
on Bayshore, as far as I'm concerned.
MR. JACKSON: No, sir. Right now we've already got a 218
unit going in.
COMMISSIONER ABERNATHY: Well, I think that was a
mistake, looking back on it, but that --
MR. JACKSON: Well, no. That's a--
COMMISSIONER ABERNATHY: That was affordable
housing. McCabe's thing was -- build -- is affordable housing.
MR. JACKSON: God bless America for the market and the
American way.
CHAIRMAN STRAIN: Commissioner Vigliotti?
COMMISSIONER VIGLIOTTI: Not to get off the subject, but
last meeting we spoke about charging a fee for these units, and you
were going to try and find a program. Where are we with that?
Charging a fee -- we discussed it last time.
MR. JACKSON: Yes, sir.
COMMISSIONER VIGLIOTTI: -- for the units, and you said
you were going to discuss it and --
MR. JACKSON : Yes, sir. And we -- yes, sir. And that is still on
the table for discussion, sir. And it's supposed to be brought back the
next time you set a time certain for us to be here.
CHAIRMAN STRAIN: Okay.
COMMISSIONER VIGLIOTTI: And you're working on that
program?
MR. JACKSON: Yes, sir. We're discussing it with a lot of
people and a lot of input there. We have no conclusions at the
moment.
CHAIRMAN STRAIN: You said you have one large
development that may be taking quite a few of these. I think Brad said
70 percent or some number. Who is that?
MR. JACKSON: The -- the name of the development or the
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company?
CHAIRMAN STRAIN: Either or all. Whatever you -- any
information. What is this development that's coming up that's taking
those?
MR. JACKSON: It's going to be -- it's called Arboretum,
Arboretum Village. It's in the SDP process right now.
COMMISSIONER SCHIFFER: Okay. Now, wait a minute.
Time out. Patrick, that's coming before us on Thursday. Is that
something we should be --
MR. JACKSON: It's 40 -- 48 -- 39 plus acres.
COMMISSIONER SCHIFFER: It's in our packet for Thursday.
CHAIRMAN STRAIN: Well, we're not discussing it, I'm asking
a question.
MR. JACKSON: Yes, sir. It's Arboretum Village, it's property
owners that's -- it's several partners together that own the current land
right now, and they're acquiring a five-acre commercial parcel to be
included with that to make it a mixed-use project.
CHAIRMAN STRAIN: And if they -- their plan then is to take a
sizeable number of the 388 available pool?
MR. JACKSON: Correct. They -- they would like to ask for 260
units, which would be allowed by the number -- by the acreage that
they have after their underlying land use 200 units that they're
currently allowed to have.
CHAIRMAN STRAIN: Okay. I -- I appreciate that. At some
point between now and next Thursday I'll try to find out how they
could be coming in to take something that isn't approved yet.
MR. EHARDT: May I --
MR. JACKSON: Well, they haven't. They haven't taken
anything. They haven't been allocated. They have -- the plan hasn't
even been approved.
CHAIRMAN STRAIN: Oh, I thought Brad just said it's coming
into us next week.
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MR. JACKSON: It's in the review process, it's not approved.
They're -- they are -- they are requesting, and that request is on the
table.
COMMISSIONER SCHIFFER: Mark, let me go back to a
conversation earlier. Is David -- when you said that, you know, it's
going to be first corne and first served and everything, have you
studied any way to proportionally spread this thing out? Because when
you described it, you made it sound like it would be bad if small units
were given, but I really think that this would be a much more
successful program if it was like four here, three here, two here. That
way people with these small properties could add units to it. I mean
maybe it only means one or two to a property, but that's how we're
going to get the kind of housing we're going to want on that street. If
it's all combined into one housing project or one multiuse --
MR. JACKSON: Well, but--
COMMISSIONER SCHIFFER: -- it misses the point.
MR. JACKSON: If they took 260, there'd be 130, or 140 units
still left in the pool, okay? Not counting the underlying land use that
they have available to them, also. And just in my observations, there
-- because of the other factors, the amount of land that they'd have to
amass, the amount of area for parking and landscaping, storm water,
that they will get salt and peppered throughout the rest of the districts.
COMMISSIONER SCHIFFER: Because -- because if like a guy
has one acre, now he can have three units, maybe get a fourth
affordable, where he could have had six or seven, based on this
geometry, he won't have that option.
Let me ask one other question. Why is this new to this version of
the -- of the Bayshore? Why wasn't this in the other version? I mean
this is --
MR. EHARDT: I don't know.
COMMISSIONER SCHIFFER: Did this apply back then in the
old version or -- because the old version's clear. You have 12 units an
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acre, there's no exceptions, no --
MR. EHARDT: They would have to go back -- the
comprehensive plan, the growth management plan is what rules, even
over the Land Development Code. And so they would have to go --
some lawyer could go back to the compo plan and say I'm allowed 12
units per acre, whether it's related to this 388 acres. So we decided to
-- in this time around to include the language in there so people were
clearer, they knew what they had or didn't have.
I -- you mentioned something about the mixed-use district, the
C4. You can do residential in there. There's a footnote when we
talked about the 388 units. I think it's repeated several times in here
that if it's commercial property, the base zone is four units per acre.
That's the county's overall zoning, minus one, because it's the high
hazard flood zone. So you can get residential, even if it's commercial
property in the mixed-use district.
COMMISSIONER ABERNATHY: Right.
MR. EHARDT: Okay?
CHAIRMAN STRAIN: Mr. Murray, did you have a comment?
MR. EHARDT: If you so choose to do that.
COMMISSIONER MURRAY: What we're talking about is
ascribing a value to something here, and that may eventuate -- we will
find that out, but there's also a question when you -- you're talking
about retaining a list, assuming that a great number were used under
the current thinking, you would have a residue. And that residue
would reside somewhere in space waiting for -- to be used.
Does that mean then that as people aggregate properties that they
can then come to the bank and obtain as many units as they can in
order -- so in other words, you're encouraging high density, you're
encouraging whatever you can achieve, and you would just use those
out. That's what your first come first served, that concept?
MR. JACKSON: Well, that is -- I mean I don't specifically have
a preference either way, Mr. Murray, but, yes, that is one of the things
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that you either end up trying to make a -- a very impact catalyst
project, of which this first one would be very much of a catalyst
project, or you take and salt and pepper it everywhere with minimal
impact to the entire area.
Looking at it, taking everybody's concerns into it, that -- I don't
see a problem currently with the -- being able to come first come, first
served. Forty acres is the largest open piece of parcel that we have
right now and that there would be enough parcel -- enough units left in
the pool to be added with the underlying base use of -- for commercial
properties that they would be able to -- to make significant projects.
You know, I've struggled with trying to find a way to rule this
and to say you can have it, but you can't. You know, then where do
you -- you end up being preferential and --
COMMISSIONER MURRAY: Well, then my concern, just to
add so that you can give consideration to it, was is that it effectively
drives the value of property, and the aggregation drives the value by
acquiring additional units which can create an aberration in that whole
community that you -- you need to plan out, you need to think, I think,
further than just that.
MR. EHARDT: I -- you know, one -- one maybe easy solution--
I don't want to over simplify it -- is that no one development can take
no more than ten percent or 15 percent.
COMMISSIONER MURRAY: Unless you consider aggregation
and -- and that's another question.
CHAIRMAN STRAIN: Commissioner Caron?
MR. EHARDT: Or assign so many to Gateway and so many to
Bayshore. I mean you could do it that way, too. And then --
COMMISSIONER SCHIFFER: You mean Gateway --
COMMISSIONER CARON: Well, that's the thing. There are
larger parcels in -- in the Gateway area.
MR. EHARDT: Possibly is.
COMMISSIONER CARON: Is it not correct in In the
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Bayshore that you may only have one large parcel, but over In
Gateway you've got larger parcels.
MR. JACKSON: No' ma'am. It's the other way around.
Bayshore has the largest assembled parcels of land mass wise. And in
the Gateway, they're all very small and chopped up. I think the largest
parcel we have is about 2.3 acres, and in the Bayshore area we have
9.6, a 30, and a ten and a 20-acre parcels, and we have several six or
seven-acre parcels. Vacant parcels, vacant at the present time. And in
the Gateway area the largest parcel that I believe we have is -- is a five
-- four or five-acre parcel that's vacant just north of Davis Boulevard,
and that's it.
COMMISSIONER CARON: But that's only vacant, right?
MR. JACKSON: That's vacant. And any --
MR. EHARDT: Someone could redevelop.
COMMISSIONER CARON: Absolutely. And that's the whole
point.
MR. JACKSON: Correct. And that's part of the mixed-use
incentive program here, is for people to take diced -- sliced and diced
parcels for -- that are, you know, heavily impacted for a lot of
different reasons and if -- their option is if they want to assemble
them, they can.
CHAIRMAN STRAIN: Commissioner Schiffer?
COMMISSIONER SCHIFFER: Yeah, quick. When does
somebody claim these units? Is that time of development order, I
mean SDP, permit, application?
MR. JACKSON: Again, there's no -- there's no rules on those.
MR. EHARDT: We have to seek to the planning department
because that's their -- I guess they or zoning's going to account for it. I
don't know how they're going to do it. I'm just trying -- we're just
trying to match it up with the comprehensive plan that those units are
allocate -- that those units can be allocated.
MR. JACKSON: A natural progression, it would seem to me,
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would be somebody says they want X number of units, and they
submit their plan and those units are include the in the plan. When the
plan is approved by the county, at that point those numbers are
deducted from the pool. And then you've got a remaining amount, and
then the next plan that comes in, it's the same process.
CHAIRMAN STRAIN: Commissioner Abernathy?
COMMISSIONER ABERNATHY: You already know who --
those 388 units are all spoken for?
MR. JACKSON: No, sir. None of them are spoken for.
COMMISSIONER ABERNATHY: I thought you said you had a
list, a waiting list.
MR. JACKSON: I don't have names on a list. I have had several
people who would like to take the opportunity to use the 12 units per
acre mixed-use density bonus and have come to my office and said I
am looking at this project.
COMMISSIONER ABERNATHY: So you have a list of people
who have made inquiries?
MR. JACKSON: Yes, sir.
COMMISSIONER ABERNATHY: But not an allocation?
MR. JACKSON: No, sir.
COMMISSIONER ABERNATHY: Well, it just struck me that it
seemed like from your reaction it was that we were raining on your
parade in some fashion or another. Have the CRA people that you
work for, have they made any commitments to people that this is a
done deal and they can have these units?
MR. JACKSON: No, sir.
COMMISSIONER ABERNATHY: We've got a developer
coming in here on Thursday whose proj ect includes a bundle of them.
MR. JACKSON: That's correct.
COMMISSIONER ABERNATHY: That's a little chutzpah, I'd
say to -- when the proj ect -- I mean the whole scheme hasn't even been
approved yet.
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. September 30, 2005
MR. EHARDT: The -- if I remember correctly, that particular
parcel's not even in the existing overlay right now. So you're
reviewing it based on the old overlay which it is not a part of at the
present time. I just want to make that clear. Because you haven't
approved this one yet.
COMMISSIONER ABERNATHY: No.
MS. F ABACHER: I was going to say Commissioner Schiffer
and Commissioner Abernathy addressed the concern that I had as to
what constitutes coming. When you get there, you could call them up
on the phone and say I just bought 26 acres, and I want -- I want to
reserve some of those and then you not build for four or five years and
then someone would come in with an SDP --
CHAIRMAN STRAIN: I think--
MS. FABACHER: I would think bringing in your SDP that
could be approved would be considered coming. You know what I'm
saying?
CHAIRMAN STRAIN: I think there's a lot of concern on this
panel's part. If you could take a look at how you're going to address
that, as far as value and other things, especially with Mr. Vigliotti's
request, that will definitely be needed.
COMMISSIONER ABERNATHY: Let me ask one last
question. This 12 number that Dave seems to insist on, what's magical
about that? Twelve units per acre.
MR. EHARDT: It's in the comprehensive plan.
COMMISSIONER ABERNATHY: That's the max?
MR. EHARDT: That's what they called for in the Bayshore,
Gateway overlay land use portion of the comprehensive plan in
Collier County.
COMMISSIONER ABERNATHY: That would be the
maXImum.
MR. EHARDT: Twelve units, yes, sir.
COMMISSIONER ABERNATHY: Well, that doesn't mean you
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-'September 30, 2005
have to apportion them that way.
MR. EHARDT: No. You can -- I mean you can get three or
four. It just says that's the max. And I have to show what the max is
in the ordinance to reflect what's in the plan.
Is -- is the allocation of this something that's related to land
development, or is it more of an administrative thing between the
CRA? I'm just curious if it needs to go in here or if it says it
somewhere else.
COMMISSIONER SCHIFFER: Well, you dragged it in with
your footnote.
MR. EHARDT: Well, I was just trying to explain to people.
CHAIRMAN STRAIN: Well, I think part of it's just the fairness
of the whole thing and --
MR. EHARDT: Right.
CHAIRMAN STRAIN: -- how you're -- first of all, this
program's going to cost money. Staff has been asked to produce a
number, which we hope to get when you come back with your rewrite.
It'd sure be nice to see if there's some way to offset that number.
That's a suggestion.
So let's move onto -- I think you've gotten a taste of our thoughts
on that, let's move onto page 52. I had a question on C 1. It just says
county standards. Does that mean that -- there's no number two, there
is a number three.
MR. EHARDT: In this -- in this case, I didn't translate from
before, but we were saying county standards, as long as we had the
provision to reduce it by, you know, some mechanism. We have
criteria reduce it by 25 percent is what we were thinking of.
COMMISSIONER MURRAY: Well, then why not county
standards subj ect to something?
CHAIRMAN STRAIN: You just need to finish this section then,
right, and bring it back?
MR. EHARDT: Well, we need to -- the next page, number seven
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September 30, 2005
is the thing that needs to be addressed.
CHAIRMAN STRAIN: Right. But you also--
MR. EHARDT: Yeah.
CHAIRMAN STRAIN: -- need to make sure that under C1 that
you -- county standards, except for, and state whatever it is you've got
to do.
Number five talks about the process for request again.
MR. EHARDT: Excuse me. Could I ask one thing, if I may?
Under the neighborhood commercial -- this is the art village,
neighborhood commercial village, we did allow for spaces -- we did
spell out some spaces for residential parking and for commercial
parking. Remember, it was in the earlier. I would like to repeat that
here. I didn't do it this time, but I should have. Repeat that there, and
then still have the option it could be reduced if that -- if that's okay.
We didn't have any comment on that.
CHAIRMAN STRAIN: Any clarity you can add--
MR. EHARDT: Okay.
CHAIRMAN STRAIN: -- to this would be--
MR. EHARDT: All right.
CHAIRMAN STRAIN: -- helpful.
MR. EHARDT: Thank you.
CHAIRMAN STRAIN: Fifty-two, anything else on page 52?
COMMISSIONER SCHIFFER: Well, what he's saying is
instead of county standards, you're going to do the four per thousand
and --
MR. EHARDT: Right.
COMMISSIONER SCHIFFER: Okay.
CHAIRMAN STRAIN: Page 53. Did you have something, Miss
Caron?
COMMISSIONER CARON: Just seven is the same.
CHAIRMAN STRAIN: Okay. Yeah, seven, it needs to be
cleaned up.
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,...... J
MR. EHARDT: Right.
CHAIRMAN STRAIN: Just above seven, parking lot shall be
designed for interconnection with adjacent property. A lot of this is
existing, so I'm assuming that can only happen with new development
MR. EHARDT: Yes.
CHAIRMAN STRAIN: -- right?
MR. EHARDT: That's correct. And this would apply to the
mixed use -- and, again, I apologize for my writing, but it applies to
the mixed-use category as well as any existing C1 through C5 that
might be applicable there if they don't opt into the neighborhood
commercial district.
CHAIRMAN STRAIN: I've got nothing else on 53. Does
anybody else?
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: Fifty-four?
COMMISSIONER SCHIFFER: Halleluiah.
CHAIRMAN STRAIN: I think this -- the top of 54, the same
issues we've already discussed. So if you'd address them somewhere
else, just address them there, as well. And that is involving the
setback for utilities and things like that, fluorescence.
MR. EHARDT: Vb-huh.
CHAIRMAN STRAIN: I have an overall, now that we've
finished -- hard to believe this. We finished the Bayshore review.
There are some items in the Bayshore review that I don't know if
you've addressed, and maybe you can respond to them.
Overall water management for the overlay. Did you think of that
as a master water management system, or are you still providing water
management at every site or how -- has anybody given that some
extensive thought?
MR. EHARDT: In the -- in the Bayshore area, it would be with
every site. The Gateway area, the CRA has retained -- actually, it's
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our firm, do a storm water management plan for that area. To build a
new pond, to get some new out -- out -- outflows to get across 41 and
Davis Boulevard to get the water out of there faster. And we're
working on that right now.
It -- we can make something work there, but we're -- you know, it
would be helpful if we had more land for storm water. What we'd like
to do is eventually come up with an overall storm water plan, at least
in a triangle area, so individual people don't have to do their own
storm water. They may buy into it or something like that or pay a fee
to help defer some of the costs that the county might have.
But instead of having a bunch of small ponds and ditches, you
have one major facility or maybe two major facilities that can help
address that, if it's -- if it's possible. We're still looking into that.
COMMISSIONER MURRAY: I would like a clarification
because of what you just said.
MR. EHARDT: Yes.
COMMISSIONER MURRAY: If I recall -- and I may be wholly
in error here, but the CRA' purpose is to create an envelope under
which all needed infrastructure is -- is contained within that and -- and
payments to achieve that are by the CRA. Are you saying then there's
a mix here, that the county besides the CRA would be involved? I
thought that it was all under the CRA.
MR. EHARDT: Well, the present -- the present contract that
we're working on right now related to storm water is through the
county's storm water department. No -- no CRA funds are involved in
that.
COMMISSIONER MURRAY: Okay.
MR. EHARDT: Because they recognize that as being an issue in
that area that's been there -- been an issue for a long time.
COMMISSIONER MURRAY: Okay. Thank you for that.
MR. EHARDT: And they're trying to resolve it.
COMMISSIONER MURRAY: I thought it was the other way
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around.
CHAIRMAN STRAIN: Overall, from the Bayshore there's some
global issues that I just want to remind you of. One is the water
management -- I think someone needs to explain that to us by the time
you come back -- the sidewalks and the issue about the connection of
the sidewalks to one another and how the parcels are developed out. I
think we talked about that early on. Staff needs to produce some cost
figures for us. They are as important to see what the cost of the
overlay's going to be. Now, the maintenance issue that you had in here
that --
MR. EHARDT: I'm sorry. I didn't think we had any sidewalks
or anything in Bayshore that we talked about. I know Gateway we
did. Are you referring to that one?
CHAIRMAN STRAIN: You had a detail in the Bayshore --
well, maybe -- maybe -- you could be right, it could be Gateway.
MR. EHARDT: I think it's in the Gateway. I'm sorry, I didn't
mean to interrupt you, but I --
CHAIRMAN STRAIN: I'm glad you did. No, I -- I just get
them mixed up sometimes.
MR. EHARDT: I do, too.
CHAIRMAN STRAIN: The -- I talked to Don Scott. I remember
I had a question last time about the TCEA, I think it is, overall in east
Naples area, and it turns out his department has not done a study on
the impacts of these res -- of these -- this overlay amendment. I--
would hope that by the time this comes back, we've got some input
from transportation. I would implore you to get together with them
and go over whatever it is you're -- you're impacting their area with
and talk to them about it. Because he felt that they would have to do
some kind of study to see how this fits in. And that, I think, would be
very important.
MS. MORRAY: Mr. Chairman, is -- would the planning
commission like to have transportation staff maybe available to
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answer specific questions or give an overview at next meeting?
Would that be helpful?
CHAIRMAN STRAIN: I think at the next meeting--
MS. MURRAY: Or some --
CHAIRMAN STRAIN: -- we're not--
MS . MURRAY: Or a meeting after that?
CHAIRMAN STRAIN: At some meeting. Yeah. When they
come back with all the rewrites and final conclusions, I would hope
that prior to that time they -- they've gotten together with
transportation to at least know the direction they're heading in is
semi-acceptable to transportation. And I certainly would like to see
someone from transportation here to address some of the issues. I had
asked Don Scott to attend today, but he had already committed to two
other meetings and didn't know this one was in the works so --
I don't have anything else on Bayshore if that's -- everybody else
is satisfied, we can move onto Gateway triangle.
COMMISSIONER ABERNATHY: Today?
CHAIRMAN STRAIN: Yeah.
COMMISSIONER ABERNATHY: Was it advertised?
CHAIRMAN STRAIN: Bayshore and Gateway both, yeah. We
can do them both, so -- this one hopefully will be -- I don't know.
Trying to get through it.
MR. JACKSON: Well, for the most part, there's a lot of things
that are repetitive.
COMMISSIONER SCHIFFER: That are the same.
MR. JACKSON: Especially in the residential area. So any word
that the same thing pops up in residential, just -- we'll just copy it off
of the other one.
CHAIRMAN STRAIN: Okay. Well, let's just start moving
through it, and we can compare notes as we go through.
The -- page one is the LDC amendment request that staff
produced. And, Susan, the same issue here is fiscal and operational
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impacts say none. Like the Bayshore, we need to get that -- at least
some kind of value in there.
MR. EHARDT: Let me clarify. I produced that page, they
didn't.
CHAIRMAN STRAIN: Oh, really?
COMMISSIONER SCHIFFER: So you'll have no impact with
fiscal.
CHAIRMAN STRAIN: That looks like the format they use. So
you just copied their format.
MR. EHARDT: Well, they gave me a form to follow.
CHAIRMAN STRAIN: Boy is that different. Okay. Boy,
could've fooled me.
COMMISSIONER MORRAY: I have a question.
CHAIRMAN STRAIN: You did. Go right ahead.
COMMISSIONER MURRAY: On -- if we're on the same page.
Mine is marked 74, so I don't know for sure but street wall,
semi-opaque, and then I have a note here landscaping, see page 108.
And when I looked at 108, it was --
MR. JACKSON: That was brought up in the Bayshore area that
-- to --
CHAIRMAN STRAIN: You're on the wrong version.
COMMISSIONER MORRAY: Am I on the wrong version?
CHAIRMAN STRAIN: You need 8/17/05. It was passed out--
MS. FABACHER: This is 8/17.
COMMISSIONER MORRAY: That's okay.
COMMISSIONER SCHIFFER: You've got it. He's got it there.
COMMISSIONER MORRAY: I've got it. My problem is I have
all my flags on this. Okay.
MR. EHARDT: I will -- we're addressing that. It will be similar
to what we have in the -- in the Bayshore one.
COMMISSIONER MURRAY: Okay.
MR. EHARDT: And definitions and abbreviations, we're adding
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-September 30, 2005
in the word applicable under that definition section, also.
COMMISSIONER MURRAY: Well, I think I can remember
most of the issues that we've already digested.
CHAIRMAN STRAIN: Well, why don't we move to page three,
which is the first --
COMMISSIONER SCHIFFER: Well, I have a comment on page
two, the illustration.
CHAIRMAN STRAIN: Really? Comment on the picture. Go
right ahead.
COMMISSIONER SCHIFFER: Do you see the car with -- no.
The -- see the way the roofs are here? And the reason I have this
comment is Donna -- we had some conversation with Catherine about
what roofs -- this is kind of what we'd be developing. In other words,
the maj ority of the roof is going to be flat. You're going to have
feature roof elements over feature parts of the building. You're not
going to have this huge -- no one would -- it would be a waste of
money to build this huge roof.
So I mean I think that when we describe the facade height, you
can see here how it's important to block these facades out. The -- the
height dimensions and the height requirements that go to roofs is
almost going to be irrelevant in a setup like this.
So, anyway, the reason this illustration is good is it does prove at
least what's in my mind when we talk about roofs. It may not be in
yours.
COMMISSIONER MURRAY: Speaking of that car, it looks like
a Tucker.
COMMISSIONER SCHIFFER: Yeah.
CHAIRMAN STRAIN: Anyway, let's move onto page three.
Any members of the panel have any questions on page three? Well, I
do. I'm trying to shorten them.
COMMISSIONER MURRAY: Oh, yeah, I have a question.
CHAIRMAN STRAIN: Go ahead.
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1 6 11 2 C 7 ';-! September 30, 2005
COMMISSIONER MURRAY: On -- on the -- the one where it
says this district, you're encouraging on-street parking? You're
encouraging on-street parking, not off-street parking? If it's pedestrian
friendly, do we really want to encourage parking on the street?
MR. EHARDT: In certain areas I would, yes.
COMMISSIONER MURRAY: In certain areas.
MR. EHARDT: Yes.
COMMISSIONER MORRAY: This is one of the areas that you
want to encourage it?
MR. EHARDT: I meant certain streets. I'm sorry. I don't want
to encourage on-street parking on Davis Boulevard or Airport Pulling
or 41, but interior-wise I may encourage some on-street parking.
That's what we have in here, yes.
And that -- that precludes that, you know, we would -- that the
CRA maybe jointly with the county would redevelop those areas in
the true urban section streets with curbs and gutters so forth.
COMMISSIONER MURRAY: Well, based on what you're
saying, would you know that our code is sufficiently clear enough to
carry forth what you intend?
MR. JACKSON: I don't know what you mean by that, Mr.
Murray. Can you clarify?
COMMISSIONER MURRAY: Well, I'm basing my question on
his response about in certain streets, in certain areas. Is the code
sufficiently clear so that his intent is carried out and that -- that
anybody can see? Because this language doesn't tell me that, okay?
MR. EHARDT: I can clarify that, I can clarify that.
COMMISSIONER MURRAY: Maybe you need to make
maybe you need to state what streets they are if those are the issues
that you brought it down to.
MR. JACKSON : We can be more definitive, and we will, sir.
The -- just as a side-bar on this, is that the project you were talking
about, the Bayshore that's going to be coming to you here in the next
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day or so, you're going to see that the interior streets of that project is
heavily used for parking, on-street parking.
The concept here in the mixed-use development side, Miss
Caron, is that if enough parcels are assembled to make a good catalyst
project, that there may be some manmade interior streets, and we
would encourage on-street parking for those -- those objects. So I
think that what we did here is when we put on-street parking was that
the transportation department discourages it. We wanted to put in here
that it was okay to do, but we didn't want to get too specific.
COMMISSIONER MURRAY: Okay. And I just wanted to pass
this along to you. As a member of now what is the ad hoc residue of
the smart growth committee, we've actually now, going forth with
both residential and commercial, mixed-use approaches are
encouraging more off-street parking in order to -- and within enclaves
where -- where you're going to actually create a little town center type
of thing. We're actually going the opposite direction of what you're
suggesting there. Just for information.
MR. JACKSON: Okay. Thank you.
CHAIRMAN STRAIN: Catherine?
MS. F ABACHER: Okay. On page three, just for clarification,
these -- the overlay requirements will not affect planned unit
developments in the triangle, correct?
MR. EHARDT: Right.
MS. FABACHER: But--
MR. EHARDT: We said current and future land use, PUDs.
MS. FABACHER: Meaning that if you have a PUD, you do not
need to follow this design requirements. Okay.
MR. EHARDT: You follow --
MS. F ABACHER: That's -- I'm just asking for clarification.
MR. EHARDT: Right.
MS. FABACHER: And then -- but in the Bayshore overlay--
MR. EHARDT: I need to add that to it. I didn't.
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" ',.r.
"1"\
, I =i September 30, 2005
,. .j
MS. FABACHER: Is that the deal with the PUDs?
MR. EHARDT: Yes.
MS. F ABACHER: The PUD's will not be included?
MR. JACKSON: We've had discussion on that, and I -- I'm
trying to recall what the discussion was because David Weaks did ask
us to make a clarification on that, that any -- any PUD that now exists,
it's already done and approved, you can't retroactively go back and do
that, unless they do a major PUD change and amendment to the thing.
But a future PUD we could put in here that they would have to apply
to the design guidelines.
MS. FABACHER: Well -- or they could rezone -- rezone
themselves to be MUD or whatever mixed-use district, and then they
would apply.
MR. JACKSON: Yes. And that--
MS. F ABACHER: But you're saying as a PUD they could just
do whatever they want still.
MR. JACKSON: Correct. And--
CHAIRMAN STRAIN: But a PUD is another zoning application
that has to go through public hearings, and if they came in and wanted
to change radically from what you're recommending, they may not get
approved.
MR. JACKSON: Correct.
CHAIRMAN STRAIN: So it's just like them anywhere else in
the county. They're going have to come in and be somewhat consist
with what the public's looking for in the area that they're applying.
MS. F ABACHER: Right. My just -- point is there's a lot of
PUDs down in Bayshore, and so do they have to follow these
guidelines or not? That's the question.
CHAIRMAN STRAIN: Well, how -- the new ones I thought
they said they'd be looking for that.
MR. JACKSON: Yeah. Existing ones would not.
CHAIRMAN STRAIN: Right.
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September 30, 2005
MR. JACKSON: But the new ones would have to follow the
design --
MR. EHARDT: Well--
MR. JACKSON: -- guidelines.
MR. EHARDT: Right now -- right now it's not written that way,
but we can write it that way.
MS. FABACHER: Right now it says--
MR. EHARDT: We've been going back--
MS. F ABACHER: It says --
MR. EHARDT: -- and forth.
MS. FABACHER: -- current and future PUD's.
CHAIRMAN STRAIN: One at a time.
MR. EHARDT: I understand what it says.
MS. FABACHER: Yeah. Sorry.
MR. EHARDT: We're going back and forth. We'll come back
with some clarification on that.
COMMISSIONER MURRAY: Is it also your intent that when a
PUD would come back in for a major change, that the emphasis would
be placed on them conforming to the current overlay zoning
restriction?
MR. JACKSON: Correct. But I mean not meaning that they had
to tear down a building to move it closer to the road, but maybe the
architectural elements are if they're making an addition, it would move
around. But it -- you know --
COMMISSIONER MURRAY: The intent remains that the story
is the same.
CHAIRMAN STRAIN: On page three, the very last sentence --
and this probably follows a lot and it continues on the next page. We
had made a lot of remarks in regards to the Bayshore operation. I
think they would all apply here, as well. The process for requesting to
opt in --
MR. EHARDT: Opt in.
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CHAIRMAN STRAIN: -- all that. And then if you go on the
next page, you'll see the same issues about tracking it, how it's
recorded, things like that. And we brought all those out at the
Bayshore, so if you just take that into consideration.
After pages three and four, which is similar to Bayshore, we get
into the actual uses. I don't have any questions as far as the rest of the
panel goes, all the way to page 30. So I don't know what the -- if you
guys -- do you have any specific questions?
COMMISSIONER MURRAY: I just want to be sure here.
COMMISSIONER SCHIFFER: It's the same as Bayshore, just
that rather than go to Ibid hall of fame, you know, can we cut the
things -- and I think the virtue of that is that it does give -- you can
understand it better because there's only a few conditions.
MR. EHARDT: Right. Well, I want to--
MR. JACKSON: Let's -- here, let me solve that. I'll solve that.
What we will do with this is we'll take that on board, sir.
COMMISSIONER SCHIFFER: Okay.
MR. JACKSON: And then when this -- when this gets approved,
when we go and they incorporate it into the LDC, we'll work with
Miss Fabacher here to put it in so that it conforms with their standard
formatting. Because that's just an administrative formatting thing. Is
that acceptable?
MR. EHARDT: Does the way -- the way we have these
footnotes conform to the existing way the use table is done now?
That's my question. And I thought it did.
MS. FABACHER: And I -- I would need to get direction
probably from Susan on that.
MR. EHARDT: Well--
MS. F ABACHER: He's talking about in our current -_
MR. WHITE: The ones that are --
MS. FABACHER: Right.
MR. WHITE: -- in--
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MS. FABACHER: That's what he's asking.
MR. WHITE: -- the 8/17 version continue to use the Ibid -- I
guess you'd call it notation.
MR. EHARDT: Right.
MR. WHITE: But that isn't what we talked about doing. So the
answer is, no, they're not in the form -- in format that the present code
uses.
MR. JACKSON: Okay. And as I said, rather -- for sake of time,
this is an administrative thing that we can handle out when this is
passed and make it conformed.
MS. FABACHER: Okay. What we're saying is in the current
table, if it says -- if it says one condition and it's identified as P3, then
every time that condition occurs you still use the P3 and you don't go
P4 the next time it occurs and call it another footnote. It's the same
footnote.
MR. EHARDT: I guess I need to see your table because the one
I have doesn't show it that way. It says educational facilities are
exempt, and they repeat those word three times right in a row on the
same page.
MS. FABACHER: Well, it may be inconsistent.
MR. JACKSON: Again, this is administrative. We can solve this
off line.
CHAIRMAN STRAIN: I was just going to say, why don't you
work it out and bring it back to us so that it's consistent with the
current code and then we haven't got to beat it to death here.
COMMISSIONER SCHIFFER: At the end -- and, also, Dave,
you're going to kill the only allowed and make it allowed, correct?
MR. JACKSON: Just like the last one, yes, sir.
COMMISSIONER SCHIFFER: Okay.
MR. JACKSON: That's why I said there was repetitive
redundancy.
COMMISSIONER SCHIFFER: Right.
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CHAIRMAN STRAIN: The rest of the panel is--
COMMISSIONER SCHIFFER: Seems--
CHAIRMAN STRAIN: Moving forward. I'm on page 30. Does
that work for everybody?
COMMISSIONER MURRAY: Chapter Four?
CHAIRMAN STRAIN: Chapter Four, page 30? Are there any
questions from the panel on page 30? If not, I've got one on B3. And
I know this is existing language. Outdoor display and sale of
merchandise within front yards unimproved properties are permitted.
In some of the cases it seems like the front yard is the property
line or the -- do they -- the building will be built to the property line.
So if you're going to put it in the front yards, would you mean you
want to put it in the right-of-way?
COMMISSIONER ABERNATHY: You have to have a front
yard first.
COMMISSIONER MURRAY: I guess it's except -- except if it's
built to the --
CHAIRMAN STRAIN: I think what happened is --
COMMISSIONER MURRAY: -- property lane.
CHAIRMAN STRAIN: -- three was the old language. Your
new language changed the front yard, so now you don't really have a
front yard where you can put this stuff. So you may want to go back
MR. EHARDT: Well--
CHAIRMAN STRAIN: -- and strike three.
MR. EHARDT: When we get done today, we may.
CHAIRMAN STRAIN: Okay. Well, just keep--
MR. EHARDT: Leave space to do that.
CHAIRMAN STRAIN: Keep three in the back of your head--
MR. EHARDT: I will, yes, sir.
CHAIRMAN STRAIN: -- as something that might need some
work done. On page 31 --
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1 6 112 C 7"'1 {j September30, 2005
COMMISSIONER MURRAY: I do --
CHAIRMAN STRAIN: -- dimensional standards.
COMMISSIONER MURRAY: I do have a question.
CHAIRMAN STRAIN: Go ahead, Mr. Murray.
COMMISSIONER MURRAY: In item three in the first box,
Davis Boulevard, where you say county designee consider appropriate
-- what do you mean where it's designee consider -- I'm sorry. That--
that goes back to designee. All right. Apologize for that.
The next one was number four. The county or its designee shall
maintain the streetscape or sidewalk easement. Is that -- would that be
standard in our code, or is that something we're burdening the county
with something new there?
MR. JACKSON: That's something new. And that's another
subject for discussion with county transportation and -- that point of it
that -- and we had some discussion about that today, Mr. Ehardt and I
did, concerning whether we asked for easement or we let the property
owner landscape it up to codes as written and they maintain it. And so
that's where we're at on this one. I know that there's a fiscal impact
with the county if they have to do the maintenance and then again in
right-of-way you have to get the easement legal issues. So right now
COMMISSIONER MURRAY: I guess that harkins back to my
original question having to do with who's responsible for certain
elements.
MR. EHARDT: Right. Let me -- if I could -- if I could take a
minute to kind of explain what Dave and I were talking about today. I
think there was an issue that came up that on Davis, Airport Pulling,
the maj or roads around the triangle area, under the existing sidewalk
there are some utilities that exist under there now. And trying to do
trees and so forth as we showed in our section -- in those particular
locations might be a problem.
My suggestion was is those sidewalks right now, at least
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measuring with a measuring tape several months ago, are anywhere
from five to five foot eight, maybe six feet, depending on where you're
located. My recommendation would be -- is that we would leave that
sidewalk there, that the private property owner, which is -- basically
his land's behind that sidewalk lines, he's probably -- sidewalk's
probably built to the property line, that we'd have basically six feet for
the easement, five eight, whatever it might be, and from there, to make
up the 16- foot area, that would be done by the developer of that
property. And he would do the landscaping, put in the brick pavers
and maintain that stuff according to a plan or some design guides,
okay?
Therefore, the easement that the -- all that would be taking place
on private property, but yet we would still get the same effect of
allowing the sidewalk and people to work -- walk further back away
from a very heavily traveled street. So that's something that we were
discussing today that we'd come back to you with.
COMMISSIONER MURRAY: I would think that's a better
solution to that.
MR. EHARDT: And that way the maintenance and the building
and everything would be done by the private property owner, and the
county wouldn't have to get involved.
Now, the only thing is I know they're trying to do street lighting
along Davis Boulevard, and they don't have enough room to put the
lights in within the right-of-way because there's no room because you
have to have -- DOT requires a certain setback of four and a half feet
from face -- four feet from basic curve to a vertical object. If you do
that, you put the street light right in the middle of the sidewalk.
So they're going to have to try to go on private property to get a
two-foot, three-foot pad to put a street light in there because there's no
room to do it. Something like this happened, at least it'd offer the
opportunity at -- as the project redevelops, you would have room to
allow the county or someone come in to put streets lights in those
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locations.
COMMISSIONER MURRAY: And just another point of that,
the sidewalks then will be irregular as they meander down a street.
And that's okay if that's the intent, is to provide --
MR. EHARDT: Well--
COMMISSIONER MURRAY: -- a pedestrian friendly
walkway, ultimately.
MR. EHARDT: Right, right. I think you get -- you get -- I know
the transportation group talks about having decel lanes that are
required in certain size developments and so forth. And you do that
now, you meander the sidewalk because not all the developments
require that decellane, so the sidewalk does move. So we don't see
this being any different than that.
COMMISSIONER MURRAY: And I would have -- the last
question I would have is having to do with the corner properties and
how they're treated, in terms of a facade to a minimum distance. I
guess I'm referencing number one in that lower box. The front yard
build to line shall mean an alignment which dictates the front yard
setback from the back of curb to be followed by buildings or structures
fronting thereon and shall mean that line to which the building facade
must be built, not a minimum distance. And my question was how are
corner properties treated? In other words, that's the same?
MR. EHARDT: It would be the same.
COMMISSIONER MURRAY: The measurement would be the
same? I'm wondering.
MR. EHARDT: It would be on the type of street that intersects
it. And I think I talk in here about other streets, and I think there was
nine and a half feet for the sidewalk area that I had.
COMMISSIONER MURRAY: Well, it wasn't clear for me,
that's the reason --
MR. EHARDT: Okay.
COMMISSIONER MURRAY: -- I'm raising the question.
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MR. EHARDT: Okay. I will clear that up.
COMMISSIONER MURRAY: That would be my comment, sir.
CHAIRMAN STRAIN: To try to understand your set -- your
property line setback here, is the intent to have the building on the
property line or setback from the property line? Your setback you
refer to is from the back of curb.
MR. EHARDT: Yeah. What I was -- what I was trying -- the
intent was -- our basic intent was -- both -- all those streets are very
heavily traveled, but we would like to encourage mixed-use
development; commercial, residential, things that happen.
We felt we needed a more protective street environment to do
that. And one way of doing that is getting a wider sidewalk area for
pedestrians to walk and some landscape and some other elements that
protect the pedestrian from the automobile.
The intent was that we would -- and we put back of curb line
because all those streets that I mentioned there have existing curbs that
are on there right now. Putting the building a certain distance back
from that curb line. Not from the property line, because that may vary
a little, but from that curb line so we've got that 16- foot dimension.
And then whatever from the property line to the face of that building,
that's where we're saying now would be the streetscape and
landscaping zone would go in there, if you're following me.
COMMISSIONER MURRAY: Yes.
CHAIRMAN STRAIN: Now I do, yeah.
MR. EHARDT: Now, I would hope, maybe with CRA money
and so forth, that even that existing sidewalk that's four or five feet
behind the curb line that exists there now could get redeveloped or
redone, at least as far as some paving design or some different
materials when the development takes place. If not, you're going to
have a concrete band and then have this nice -- and that may not be
that bad, but there may be a way of doing that.
I've done a lot of work with the DOT in Jacksonville on streets in
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September 30, 2005
the downtown area that are major highways, and we -- the city has
opted to -- basically, the DOT did the curb inward, and we did the
sidewalks and landscaping and the street lighting behind the curbs. So
there's ways of -- but they have their criteria. They want things set
back a certain distance and so forth so cars don't crash into them. I'm
all for that, but I also want to protect the pedestrian, too, being able to
walk along there.
CHAIRMAN STRAIN: But similar to your -- to the Bayshore
layouts, have you talked with the electrical company, the gas
company, the phone company?
MR. EHARDT: No, I have not. I think someone brought up the
thing about the underlying utilities on the sidewalk area.
CHAIRMAN STRAIN: I did. If you could possibly check into
that --
MR. EHARDT: Okay.
CHAIRMAN STRAIN: -- before you come back to us.
MR. EHARDT: Okay.
CHAIRMAN STRAIN: I would hate to see you go forward with
a plan that is well liked but find out that you can't do it because these
other utilities have got to be in a certain location, and that wasn't
figured out.
MR. EHARDT: So let me just understand. You were saying --
mentioned something earlier, I'd just like if you could clarify, that
some utilities are not allowed to go into the right-of-way?
CHAIRMAN STRAIN: Private utilities generally are along the
ten-foot outside of the right-of-way. You've got FP&L, you've got--
MR. EHARDT: Okay.
CHAIRMAN STRAIN: Because the public right-of-way is
supposed to be for the public utilities. In cases -- I know of
occurrences where they're in a public area. I'm not sure what old east
Naples was built like, but I think it ought to be checked out because
the standards that roads are built to today require those easements on
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the outside of the right-of-way. And I'm only familiar with the newer
ones, not the older ones. So someone --
MR. EHARDT: Sure.
CHAIRMAN STRAIN: -- ought to take a look at that.
MR. EHARDT: I think the biggest limitation that'd have, if we
had to do some trees and so forth and how -- depends on how deep
those utilities are. In that case, you may do some type of a raised
planter with the landscape. We've done that in areas where we've had
conflict with utilities below.
COMMISSIONER MURRAY: I had a conversation with FP&L
in reference to something, and they typically bury theirs ten feet deep,
so -- but you need to verify that with others.
MR. EHARDT: Yeah. If it's -- if we got three feet, we can do it.
CHAIRMAN STRAIN: The last -- the question I had on that
page, you referenced that this applies to new buildings and structures,
is there a certain percentage of renovation where this kicks in? Say a
building comes in and they -- they want to purposely keep ten percent
of the building up so they don't qualify as a new building, have you
thought about that?
MR. JACKSON: Yes. Last conversation we had last meeting
was the 50 percent rule that the county has, and we're going to talk
about that.
CHAIRMAN STRAIN: I don't remember everything that we've
MR. JACKSON: I do.
CHAIRMAN STRAIN: -- already discussed.
MR. JACKSON: I remember everything. It was a 50 percent
rule. And there was some discussion about that, and we didn't come to
conclusion on it.
CHAIRMAN STRAIN: Okay. Good. We did discuss it. As
long as it was brought back up.
MR. EHARDT: Our intent was basic -- in this thing was to apply
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to the mixed use and the commercial categories with these criterias,
what we're talking about.
CHAIRMAN STRAIN: Page 32.
COMMISSIONER MURRAY: I have a question.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER MURRAY: In your second box down, at the
front property line, number one, you say and in most cases this will be
the right-of-way line, right-of-way of the street. So my question was
posed, okay, in what other cases will it not be -- what -- what is it that
we can get in trouble by not considering? It's a --
MR. EHARDT: I think in -- in this case I don't think it would --
it would be a thing. Because basically what I'm saying is that you
might -- we're going from back of curb to establish this 16- foot
dimension, a certain portion of that is public right-of-way right now.
If there's a little sliver of it that's not, we would just ask that that
particular, you know, development match the existing sidewalk with
what we're talking about. Bring the existing side -- bring the new
sidewalk from the 16-foot setback up to the existing sidewalk that's
along the roadway itself. I don't know if that -- if I'm saying that right.
COMMISSIONER MURRAY: I understand --
MR. EHARDT: Okay.
COMMISSIONER MURRAY: -- you're trying to consider that
there are -- strange situations may -- may --
MR. EHARDT: Well, staff -- I think some -- one of the
comments was from staff had brought that up one time. I'm assuming
the property line and the right-of-way line along those streets are
probably the same. You know, I'd be surprised if they weren't, but
there may be a little sliver or something that's not but I -- someone
owns it.
COMMISSIONER MURRAY: Well, how would you achieve
relief then if -- through an amendment, through an easement, through
what? What would you do if you had to -- if you were -- I mean what
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-- what provision is going to be made in -- if it is one of those cases
that it's not?
MR. EHARDT: I think what I -- I'm trying to think of an
example.
MR. JACKSON: The only way I could address that would be
we'd have to take it case by case basis because I don't think there is a
rule of thumb that would apply across the board. Is that -- when you
end up with these meandering strips and meandering lines, that we
need to look at that case and then address it with the person doing the
redevelopment in that project and find some way to resolve the issue
of a -- what would be probably a naked no man's land there and
somebody has to do something with it.
COMMISSIONER MURRAY: Well, it would be an SIP or an
SDP, right, in that situation?
MR. EHARDT: Yeah. I'm trying to think --
COMMISSIONER MURRAY: I wouldn't want to think you'd
get to that -- that point and then --
MR. EHARDT: Yeah.
COMMISSIONER MURRAY: -- sit in a quandary.
MR. EHARDT: I guess someone'd, you know, have to come up
with an ownership map that shows the right-of-way of Davis, Airport
Pulling or 41 and where their property is, and hopefully the lines,
unless the surveyor messed up, would probably be the same.
COMMISSIONER SCHIFFER: I can't imagine that existing, so
let's not --
MR. EHARDT: Okay. I can't either. The other thing is if
somebody owned -- if somebody had a piece of land that had a little L
piece that ran in from on this other guy's piece of property six inches
wide, I guess.
COMMISSIONER MURRAY: So my question would simply be
then do we want to keep that in there in most cases?
COMMISSIONER SCHIFFER: I mean I could give you an
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example. There was one where I knew these people had a one-foot
spike strip that prevented one property from accessing a right-of-way,
that could occur. But that just -- that's what makes life fun, so why
spoil it by putting in a way to get around it?
COMMISSIONER MURRAY: Well, if that satisfies the rest of
us, leaving it in there, it doesn't bother me, but it was a question that
came to my mind.
CHAIRMAN STRAIN: Any other questions?
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: On your -- on that same -- on the front
setback in this chart calls for 9.5 feet. Number one defines that 9.5 feet
as a streetscape zone. On the previous page you had 16 feet and
number one provided for a streetscape of eight feet and a sidewalk
zone of eight feet. Number two on this page says the developer will
build the streetscape and sidewalk zones, but where is the --
MR. EHARDT: These--
CHAIRMAN STRAIN: -- sidewalk zone--
MR. EHARDT: These--
CHAIRMAN STRAIN: -- supposed to go?
MR. EHARDT: These are -- these are other streets within the
triangle. We've got the major streets and then we've got other streets
CHAIRMAN STRAIN: Right.
MR. EHARDT: -- in the -- in the mixed use -- that's what this
applies to. You wouldn't have -- you don't have enough room. The
basic right-of-way, from what I can tell from measuring the maps and
so forth, they have are about 60 feet. And I had -- I think earlier I had
a cross-section in there which staff wanted us to eliminate that showed
how this sidewalk and so forth would work, and I get -- time you get
roadway and so forth, street curb and gutter, nine-and-a-half- foot, and
can you do a little landscaping. It's just not as in -- it's not as wide as
you would have on Davis or the major roads. That's all I was trying to
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do, is differentiate the two types of streets.
CHAIRMAN STRAIN: Yeah. No, I'm not--
MR. EHARDT: Okay.
CHAIRMAN STRAIN: -- complaining about that.
MR. EHARDT: Okay.
CHAIRMAN STRAIN: But my question was do you have a --
do you really have a sidewalk zone if the whole 9.5 feet is a
streetscape zone?
MR. EHARDT: I can -- I can change it. I can reword--
CHAIRMAN STRAIN: Okay. I--
MR. EHARDT: -- that, yeah, right.
CHAIRMAN STRAIN: Just clarify it because I didn't see a
sidewalk zone called out here.
MR. EHARDT: I guess I would call it sidewalk -- in this
particular case -- I think I may need to term it -- term -- redo my
terminology since we're -- gotten away from this easement and so
forth, which I can clarify that.
CHAIRMAN STRAIN: The next--
COMMISSIONER MURRAY: Pedestrian walkway, pedestrian
through way. Excuse me.
MR. EHARDT: Sidewalk with landscaping, basically.
CHAIRMAN STRAIN: On the next element down is -- on your
number one it's at the front property line, and then you're talking about
the front build to line and that's at the right-of-way. Yet on the
following pages, on your details, you show awnings and things like
that going into the right-of-way. I don't think you can do that. I mean
do you know if you can enter -- go into the right-of-way with an
awning? You ought to check it out is what I'm suggesting. I'd be -_
MR. EHARDT: I mean that's similar to what we had on
Bayshore where you could proj ect out five feet --
CHAIRMAN STRAIN: Right.
MR. EHARDT: -- beyond the rough.
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CHAIRMAN STRAIN: But there you weren't --
MR. EHARDT: You have--
CHAIRMAN STRAIN: You were setback a ways, here you're
right on the -- so I -- you may want to see if transportation agrees with
you.
MR. EHARDT: Does staff know or anybody know?
MS. FABACHER: Well, I don't know, but I'm getting quite
confused on this, about the front -- the front property line being the
build to line. Because didn't we just say that you were going to have
that five-foot sidewalk, and then there's about a strip there left of
right-of-way and you were going to extend the sidewalk up into--
MR. EHARDT: This would -- most of these streets at the present
time are -- don't have sidewalks or curb and gutter, and we're planning
for them having that at some future time.
MS. FABACHER: Right.
MR. EHARDT: So I want to locate the buildings where the end
of the right-of-way would be.
MS. FABACHER: No, I understand.
MR. EHARDT: Okay.
MS. FABACHER: But we talked a minute ago about putting in
an easement or something because there wasn't enough room left in
the right-of-way to accommodate the size sidewalk you wanted.
MR. EHARDT: That -- that was on the major commercial
streets.
MS. FABACHER: Okay.
MR. EHARDT: On the interior streets I don't -- I think nine and
a half feet is fine.
MS. FABACHER: Okay.
CHAIRMAN STRAIN: Page 32 is the smaller streets, page 31 is
your bigger streets --
MR. EHARDT: Yes, sir.
CHAIRMAN STRAIN: -- if I'm not mistaken.
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MR. EHARDT: I said other streets in a mixed-use district.
CHAIRMAN STRAIN: Okay.
COMMISSIONER SCHIFFER: I have a 32 question.
CHAIRMAN STRAIN: Go ahead, sir.
COMMISSIONER SCHIFFER: And
comfortable, Mark, the building code does
awnings that go in the public right-of-ways.
covered by the building code.
CHAIRMAN STRAIN: The building code?
COMMISSIONER SCHIFFER: Yeah. It's not uncommon,
especially in urban areas, to have awnings in public right-of-ways, but
obviously there's height and structure and --
MS. MURRAY: I'm sure there's some transportation standards.
Obviously they'd need a right-of-way permit, I'm almost certain, but
we can check with transportation on their standards for that.
COMMISSIONER SCHIFFER: And, Susan, this one, my
question is on the minimum setbacks. There's a landscape
requirement -- and we're going to get to that, and maybe it will be
moot at that point.
MR. EHARDT: Right.
COMMISSIONER SCHIFFER: But wouldn't the setback trump
a landscape requirement? In other words, if we have a setback that's
allowed of five feet yet there's a ten-foot buffer, wouldn't we be
allowed to build a building, even though there are suburban code now
of ten feet -- I mean at the setback line, or would the buffer prevail?
MS. MURRAY: You -- unless there's some provisions that you
-- allow you to do that you are going to have to fit the buffer.
COMMISSIONER SCHIFFER: Okay. So in this case these
things -- unless we do something to rework the buffers, these would
not be available.
MS. MORRAY: Right. The setbacks are the minimum. So if
you've got a wider buffer requirement, you're -- you're still going to
if it makes you
make provision for
If it's allowed, it's
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meet the minimum setback at ten, even if you -- and -- even if you put
it at five.
COMMISSIONER SCHIFFER: But what you're saying is the
buffer's going to shove the building --
MS. MURRAY: Correct.
COMMISSIONER SCHIFFER: Okay. Which I think again --
MR. EHARDT: Then -- okay. I--
COMMISSIONER SCHIFFER: Well, here's what I'm saying is
we -- again, we're back to the suburban code, now we're trying to do
an urban overlay. In the suburban code, we have buffers; ten-foot
buffers, 15- foot buffers. If you have a zero setback or you have a
five- foot setback and you have a ten-foot buffer, I mean I think there's
stuff in the code that says that the setback would prevail. But let's go
with what -- what Susan's saying.
She's saying that you could not push the building back, which
means we're going to end up having suburban buffers in our urban
building. And we can't put -- you know, the buffers can't have
sidewalks going down them, so we do have to clean up some
landscapes.
MR. JACKSON: Right. I don't think that that's the intent when
you bring the buildings closer to the street, is to end up putting
something between the sidewalk and the building. And I know you --
I mean traditional urban settings with zero lot lines or very short lot
lines, you don't end up putting a -- moving the building just because
you want to put vegetation in there because that's not an urban setting.
COMMISSIONER SCHIFFER: Nor do you want to build your
sidewalk you just described, a ten-foot buffer, and then your building.
I mean so obviously we have to clean the landscape ordinance up,
make it a downtown landscape ordinance.
MR. JACKSON: We -- I don't--
MR. EHARDT: Basically, the front -- the front buffer
requirement would be null and void. I mean that's what we'd be
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.
saYIng.
COMMISSIONER SCHIFFER: Well, we -- but if it exists it's
not null and void, and it would be really silly to build this nice
sidewalk and then push a building ten, 15 feet back.
MR. JACKSON: Well, then we need to put in here then that the
-- that the setback overrides.
COMMISSIONER SCHIFFER: Prevails. I think so.
MS. MURRAY: Why don't you just put a buffer standard in that
matches what you want to do? That way there's no question.
COMMISSIONER SCHIFFER: Well, he doesn't want -- we
want sidewalks downtown, not buffers downtown.
MS. MURRAY: That's fine. I'mjust saying put it --
COMMISSIONER SCHIFFER: And even on the side lots I don't
think --
MR. EHARDT: Put zero.
MS. MURRAY: I wouldn't recommend no landscaping, but I
think what you're trying to do is you're trying to get less than what the
current code requires because you want a different type of setting and
atmosphere and you want buildings closer to the street and wider
sidewalks. So I mean that's --
COMMISSIONER MURRAY: Yes.
MS. MURRAY: -- reasonable to expect that you would have less
landscaping or less other things, but I think if you're talking about
changing the standard, you ought to just change the standard.
COMMISSIONER SCHIFFER: But here's the situations. Two
buildings side by side, five-foot setbacks, let's say -- because there's
wisdom for fire codes to pull the buildings around if they want.
Windows. That side alleyway can't be a landscape buffer.
I mean, first of all, I mean what you said to answer my question
earlier, we would have two 10-foot landscape buffers, we'd have 20
feet of grass between two buildings in an urban area. The buildings
are 40, 50 something feet tall.
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MR. EHARDT: Y eah. You want that space.
COMMISSIONER SCHIFFER: People cutting back and forth
the parking lots across it, our buffer doesn't allow that. I mean we
could have one traverse it, but not the length of it. So I mean -- I
mean -- in other words, that land between buildings is not what our
suburban code describes. We have to have--
MR. EHARDT: Either on the front of the building -- either on
the front of the building, either.
COMMISSIONER SCHIFFER: Anywhere on the building.
MR. EHARDT: Yeah. Now, maybe in the back you might want
a buffer if it was against residential.
CHAIRMAN STRAIN: Earlier today we had an issue over the
landscape buffers in the code. Why don't you, as part of your exercise
to come back --
MR. EHARDT: Sure.
CHAIRMAN STRAIN: -- take a look at those codes. The ones
that don't fit, suggest a modification through staffs re -- discussion and
come back to us --
MR. EHARDT: That's fine.
CHAIRMAN STRAIN: -- with something.
MS. MURRAY: It's easier for us to have -- I mean because this
is going to be so different, to have your own code rather than start to
subtract out portions of the existing code. That way you -- we get a
feel of your overall plan and your intent, rather than trying to just say,
well, this doesn't apply or this overrides that or what have you.
COMMISSIONER MURRAY: I have -- I had made a note for
myself and didn't comment on it earlier. No alleyways. When we're
talking about minimum setbacks on the bottom there, the -- it looked
to me like you had zero to five on the side yards and zero to five on
the rear yards, which would mean no setback, right?
MR. EHARDT: Right.
COMMISSIONER MURRAY: No alleyways, not going to have
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any alleyways, not intending --
MR. EHARDT: Well, you gotta have parking. What page are
you on? I'm sorry. Let me just make sure --
COMMISSIONER MURRAY: Well, it --
MR. EHARDT: -- I'm on the right thing.
COMMISSIONER MURRAY: 102, but it's not the same.
CHAIRMAN STRAIN: Thirty-two.
MR. EHARDT: Thirty-two.
COMMISSIONER MURRAY: Thirty-two. I'm trying to keep
parallel.
CHAIRMAN STRAIN: We're still on 32.
COMMISSIONER MURRAY : Yeah.
MR. EHARDT: Yeah, they still have to accommodate, you
know, parking in that situation. Now they probably -- depending on
their size of their project, they may have the parking on the side and
not in the back.
COMMISSIONER SCHIFFER: Well, again --
MR. EHARDT: You know, build a building the full depth.
COMMISSIONER SCHIFFER: Like Fifth Avenue, I mean
those ten-foot, 20- foot, 25- foot alleyways there are full of chairs, full
of life. Those are good. Why would we not want that?
COMMISSIONER MURRAY: Yeah. I'm trying to figure out
why you cut that out.
COMMISSIONER SCHIFFER: Well, I mean he says that -- this
IS a --
MR. EHARDT: Well, there's no alley back there now. Are you
talking about the rear of the property?
COMMISSIONER MURRAY: Talking about the side yard.
MR. EHARDT: Oh, the side. Yeah, okay. I'm sorry. I'm sorry.
COMMISSIONER MURRAY: My concern would be the side.
You want -- you want pedestrian friendly, you want people to be able
to come and go, and you want --
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MR. EHARDT: I think I --
COMMISSIONER MURRAY: -- to entice them.
MR. EHARDT: Yeah. I think later on I mention in there that I
think for every so many linear feet of building facade along those
roads, you have to have a walkway I think ten or -- I have to look. Ten
or 15 feet opening.
COMMISSIONER MURRAY: But how do you achieve that
when have you a zero -- you know, zero to five?
COMMISSIONER SCHIFFER: I think the problem is the
maximum five feet.
COMMISSIONER MURRAY: Yeah.
COMMISSIONER SCHIFFER: In other words, you're not
allowing somebody to do a ten-foot.
MR. EHARDT: Well, I -- well, I wouldn't necessarily --
COMMISSIONER SCHIFFER: I mean you want --
MR. EHARDT: I wouldn't mind two buildings being right next
to each other with no separation. I mean that's a very urban situation.
COMMISSIONER SCHIFFER: And a smart developer would
put the walkway in the middle, going past his commercial tenants.
MR. EHARDT: Right.
COMMISSIONER SCHIFFER: You wouldn't want to walk in
between the other guy's space.
MR. EHARDT: So are we saying it should be zero?
COMMISSIONER SCHIFFER: I think zero's allowed, but I
think the maximum of five feet is maybe the problem. Because--
MR. EHARDT: Okay.
COMMISSIONER SCHIFFER: -- maybe two guys would want
to put a 25-foot alley between their buildings and do something.
MR. EHARDT: Oh, maximum. Okay.
COMMISSIONER MURRAY: Yeah, take the maximum out.
CHAIRMAN STRAIN: Well, then it -- so it will be zero or five
feet, is that what you're trying to say?
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COMMISSIONER SCHIFFER: Or it would be -- I mean the
setback.
COMMISSIONER MURRAY: Oh, okay. You're right.
COMMISSIONER SCHIFFER: That's the -- you can say zero
because that's the -- that's the minimum setback. I could have one -- I
could have anything above zero.
COMMISSIONER ABERNATHY: Mr. Chairman? This has all
become a little too colloquial. We've got three and four people talking
at once, time after time. I don't see how this young lady can make
heads or tails of it.
CHAIRMAN STRAIN: Well, I'm going to take--
COMMISSIONER ABERNATHY: Sometimes when we talk
one at a time it's hard to make heads or tails of it. But when there are
three at a time, it's incredible.
COMMISSIONER SCHIFFER: Who has the floor then?
CHAIRMAN STRAIN: You do.
COMMISSIONER ABERNATHY: After all, it may not be
under oath but it is testimony, and it ought to be done in an orderly
fashion.
COMMISSIONER SCHIFFER: I think zero is good because
what that means is you can't have encroachments, you can't have a
negative number. You can have any positive number above zero.
CHAIRMAN STRAIN: It doesn't say that though, right?
COMMISSIONER SCHIFFER: But if somebody says the side
yard setback's zero, that means I can have any setback I want, doesn't
it? That means --
MR. EHARDT: Yes.
COMMISSIONER SCHIFFER: I mean I don't think anybody --
like when he says like above ten feet, that doesn't mean it has to be ten
feet.
CHAIRMAN STRAIN: Well, if that's the way it's interpreted, I
have no problem with it.
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Any other questions on page 32?
MR. EHARDT: So we'll change that just to zero, and then it's up
to the person that's developing that property. If he wants to set it back
and make a walkway there, that's up to him.
COMMISSIONER SCHIFFER: And then I think in your rear
yard where you have two, are those two conditions, or is that -- again,
is that a zero or --
MR. EHARDT: There were two conditions related to waterfront.
COMMISSIONER SCHIFFER: Okay. I'm--
MR. EHARDT: There's one parcel in -- in the Gateway area that
backs up to some waterfront on the north side of Davis.
COMMISSIONER SCHIFFER: I'm done.
CHAIRMAN STRAIN: I have one last question on 32. Your
footnote 71, to allow the maximum use of the waterfront new
construction building placement on a lot can vary from the required
setbacks. I -- if something can vary, there's going to have to be some
criteria by which it can vary. So you're going to have to address that
issue, I would believe.
And with that, we'll take a ten minute break and be back at 4: 12.
Thank you.
(A brief recess was taken.)
CHAIRMAN STRAIN: Everybody, if you take your seats.
Before we get back into all this fun discussion, I was going to ask staff
if they have had the opportunity to check and see if there's any room
time available and when the next dates are. And let's get that worked
out before it gets too much later.
MS. MURRAY: Ineed--
MR. WHITE: I believe --
MS. MURRAY: -- Miss Catherine.
MR. WHITE: I believe the answer to your question is in part
being researched presently. And that is because the understanding is
you may desire to go into the 24th. The time horizon that had been
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looked at was only up to the 20th, so we're trying to ground a little bit
further into the future.
CHAIRMAN STRAIN: Okay. Well, there's some members here
that may have to leave early at 5:00. Let's discuss it again and then
we'll go from there.
MR. WHITE: We'll just interject, I guess, when we have the
appropriate facts.
MS. MURRAY: Do we have a specific ending time tonight?
Because I -- I --
CHAIRMAN STRAIN: Based on some of the members
discussion, I thought we were probably -- between 5:30 or 6:00. Mr.
Vigliotti's gotta leave at quarter to 6:00.
COMMISSIONER VIGLIOTTI: Twenty to, yeah.
COMMISSIONER SCHIFFER: But, Mark, aren't we only going
over the rest of this, the Gateway, or do we go into --
CHAIRMAN STRAIN: No. We're going over the rest of
Gateway. But I'm not -- we're saying if we don't get through it --
COMMISSIONER SCHIFFER: We'll make it by 5:00.
CHAIRMAN STRAIN: With you two guys? Come on.
COMMISSIONER MURRAY: Optimistic.
MR. JACKSON: We'll get through this. Most of this IS
repetitive.
CHAIRMAN STRAIN: Okay.
MR. JACKSON: If we don't bog down on something we've
already talked about, we'll be done.
CHAIRMAN STRAIN: We're going to -- we'll try to get through
it. It will help if we take Ken Abernathy's advice. And I've got to ask
each of you when someone asks a question and it's responded to,
before you ask another one, let the person who asked the original
question finish his discussion before the next person starts. And we'll
be -- maybe get through this.
Let's start with page 33. Are there any questions from the panel?
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Mr. Murray first.
COMMISSIONER MURRAY: Okay. I would like you to look
at page 42 and then look at the minimum floor area. On 33 I think it
says 700, on page 42 I believe you'll find if it says 750.
MR. EHARDT: You brought that up last time, and I'm going to
double-check. I think it's 700, if I remember correctly. We're looking
at the old code.
COMMISSIONER MURRAY: Okay. But on the newest
package it would be 750, that's the -- 700 is to be changed?
MR. EHARDT: I believe that's it. I will double-check. I'll make
sure they're consistent.
COMMISSIONER MURRAY: All right.
MR. EHARDT: I apologize for that.
COMMISSIONER MURRAY: Okay. Sorry to nag.
MR. EHARDT: That's all right.
COMMISSIONER MURRAY: That was my question.
CHAIRMAN STRAIN: Are you finished?
COMMISSIONER MURRAY: Yes.
CHAIRMAN STRAIN: Brad?
COMMISSIONER SCHIFFER: Okay. On the bonus density,
how did they jump 41 and wind up over to Gateway? Is that part of
the compo plan put them there or--
MR. EHARDT: The Bayshore, Gateway overlay land use
element covers the whole area.
COMMISSIONER SCHIFFER: So they came in with one --
MR. WHITE: Now, they have a map that covers it. It does not --
let me just make it -- make clear, it does not cover all of the
redevelopment area, but it does cover Bay -- what sections we're
showing of Bayshore and it does cover all of the triangle area. There's
some portions, because of the -- I guess the old Collier DR! and that
area down there they didn't include in the land use elements, so we
don't include it in the zoning elements in the zoning.
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If you looked on my zoning map on Bayshore down at -- on
Bayshore I'm talking about. Down south of Tomlinson there's a
residential ^-- I think it's a mobile home park, a real skinny one that
goes off to the east. You'll see I put a big X through it. That's because
the -- the original overlay that you have right now is in conflict with
the comprehensive plan because it doesn't -- comprehensive plan
doesn't allow the overlay to go that far down. Okay?
COMMISSIONER SCHIFFER: Okay.
COMMISSIONER ABERNATHY: What did you do --
CHAIRMAN STRAIN: No, no. It's Brad. Brad, are you
finished?
COMMISSIONER SCHIFFER: And I'm through. Thank you.
COMMISSIONER ABERNATHY: What did you do at Jeepers
Drive, as long as we're back talking about --
MR. JACKSON: What about it, sir?
COMMISSIONER ABERNATHY: What are you -- what's
going to happen to it? Are those --
MR. JACKSON: It's zoned residential mobile home.
COMMISSIONER ABERNATHY: Well, half of them are about
to fall apart. There's no -- there's no kind of redevelopment program
for that.
MR. JACKSON: That's called code enforcement or a good
hurricane.
CHAIRMAN STRAIN: Okay?
COMMISSIONER ABERNATHY: Okay.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I just wanted to ask you if you
would do us -- do me a favor, anyway. It might help others. If -- you
know this map that we have referenced a lot to show where -- if you
would have a blowup and bring it with you --
MR. EHARDT: Yeah.
COMMISSIONER MURRAY: -- we could then keep on track
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and avoid the mind going into one district as opposed to another one.
It would help me certainly.
MR. EHARDT: Be happy to.
COMMISSIONER MURRAY: All right. Thank you.
CHAIRMAN STRAIN: Any other questions on 33?
Let's move onto 34. Basically, 34 is redundancy from Bayshore,
so I don't have any questions. Rest of the panel? None. Thirty-five.
MR. EHARDT: I need -- if I may, I need to rework those
cross-sections to reflect what I talked about earlier about allowing that
existing five-foot eight-inches or whatever to remain there and any
new streetscape and things would happen behind that in the
landscaping, and that would be part of the private developer's
responsibility .
CHAIRMAN STRAIN: Okay.
MR. JACKSON: And, Mr. Chairman, one more comment. Any
illustration in any of these documents are illustrative in nature for
height, width, breadth, numerology. Because this graphic shows a
palm tree there at that location, that does not mean that is a
requirement that a palm tree go right there. Because on Davis
Boulevard that is right on top of your utilities, you see. They're for
illustrative only, for dimensional and concept. These are not guideline
requirements. So that has been difficult to get through. People look at
it, and they think it's -- this is it.
CHAIRMAN STRAIN: I understand.
MS. MURRAY: If it's difficult, it might be because they think
that's what should be applied. Is there anything we can put in there
that makes that clear that --
MR. JACKSON: Terminology at top, Miss Murray, it says
illustrative in nature only or something like that.
MS. MURRAY: I don't see it. Where?
MR. EHARDT: I think I had that earlier. For some reason we
took it out.
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CHAIRMAN STRAIN: Why don't we add something to that
effect and make sure --
MR. EHARDT: I think --
CHAIRMAN STRAIN: -- it's clear.
MR. EHARDT: -- the cross-section ones -- the two diagrams -_
they're going to reflect the words that are in the tables. The one at the
bottom is more for illustrative purpose. And I would have to redo that
to reflect what I just talked about of keeping that strip there for the
utilities and then moving back, which I'll be happy to do.
MS. MURRAY: All we need is just a clarification that--
MR. EHARDT: Sure.
MS. MURRAY: -- if you want to use something for illustrative
purposes versus regulatory purposes, and then ensure that whatever
illustration for regulatory purposes clearly reflects the text in the code.
MR. JACKSON: And we will do that, and that is our error.
CHAIRMAN STRAIN: Page 36. I have one question. Your
overhang, it shows five feet out from the building. Do you have a
minimum height that you're going to require those to be?
MR. JACKSON: If it's on a DOT road, I think it's seven or eight
feet. There's -- there's DOT requirements that -- in permitting. Eight
feet or something like that.
CHAIRMAN STRAIN: As long as --
MR. EHARDT: Well, this -- this would -- this would -- height,
no. I think it would be if there's a window there it would be the top of
the window area. I could state that.
The -- now, this would not be -- this particular would not be in
DOT under the scenario we're talking about now because that
easement is gone. It's private property. We're just asking them to
allow the street lights and the landscaping to go on that ten-foot strip
through there. So the DOT wouldn't be involved, but -- I'm sorry.
CHAIRMAN STRAIN: Well, it depends on who owns the
right-of-way, wouldn't it? Is that -- is this all Collier County
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right-of-way that we're -- they're not private roads, are they?
MR. EHARDT: No, not in this case, no. These are -- these are
sections on the -- on some of the major roadways themselves.
MR. JACKSON: Right. It is a permitable item, and when it goes
through the permit process those dimensions will be given to them.
COMMISSIONER MURRAY: The one -- the one question or
one point I would make, it says here five-foot maximum. Let me see
projection -- oh, it's five feet maximum. No. When I first read that, I
thought it said minimum. My apologies.
MR. EHARDT: Okay.
CHAIRMAN STRAIN: Any other questions on 36? How about
37?
COMMISSIONER SCHIFFER: I--
CHAIRMAN STRAIN: Yes?
COMMISSIONER SCHIFFER: Never mind. Thirty-eight.
CHAIRMAN STRAIN: Okay. Page 38. Mr. Schiffer?
COMMISSIONER SCHIFFER: Just in the old one we changed
outdoor cafe areas to seating, so just to -- I know it's redundant with
the other plan, but number three outdoor cafe seating.
MR. EHARDT: Gotcha. Got it.
COMMISSIONER SCHIFFER: And while everybody's
distracted a little bit, there is building code requirements and in the
architectural standards on minimum heights and supports and all that
for awnings, so I wouldn't worry about us getting to far out of control.
MR. EHARDT: Okay. I guess number six would be the same
things we've talked about --
COMMISSIONER SCHIFFER: Yes.
MR. EHARDT: -- before.
COMMISSIONER SCHIFFER: Yeah. I mean it's -- even
though there's a lot of redundant things, it's hard not to bring them up.
MR. EHARDT: I understand.
COMMISSIONER SCHIFFER: While they're doing that, let me
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move over to -- let's go to F, landscape and buffer requirements on the
next page, 39.
MR. EHARDT: Right.
COMMISSIONER SCHIFFER: Somebody may want to go
back.
CHAIRMAN STRAIN: Okay. Where are you at, Brad?
MR. EHARDT: Thirty-eight.
COMMISSIONER SCHIFFER: I just pulled us up to F. You
can just -- if anybody has any more questions on 38 --
CHAIRMAN STRAIN: Okay. Anybody got questions on 38?
MS. FABACHER: I just want a clarification. What were we
doing about the outdoor cafe parking areas?
COMMISSIONER SCHIFFER: Well, in the old -- in the
Bayshore we said outdoor cafe -- instead of areas we used seating
shall be exempted, just to be consistent.
MS. FABACHER: Okay.
COMMISSIONER SCHIFFER: Rather than the word area,
replace it with the word seating.
COMMISSIONER MURRAY: Good. Because I had a question
there, too.
COMMISSIONER SCHIFFER: And then I guess the question,
Mark, up on 39 F, which is landscape, we talked about this. I don't
think we need to talk about it, but I think we really do need to make
sure that the landscape requirements here are those that you would
want for an urban area not a suburban area.
CHAIRMAN STRAIN: I think they're going to suggest rewrite
of the landscape code to fit this particular area. And then they'll work
that out closely with staff and come back with a recommendation to
us. So -- okay. Are there any other questions on 38 or 39? Mr.
Murray?
COMMISSIONER MORRAY: I want to be sure I've got
everything clear in my mind. I want to compare the two architectural
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standards. Okay. Number three still speaks about plate glass. Yeah.
Okay. So you put the maximum tint of 25 percent down. I guess this
has to do with CPTED; does it not? The current crime prevention --
MR. EHARDT: Yeah. I just think you got a lot of heat down
here if you don't have awnings. It's good to have something on the
glass that --
COMMISSIONER MURRAY: And I -- not giving consideration
to --
MR. EHARDT: Yeah. Well, you want to be able to see through.
COMMISSIONER MURRAY: Okay.
COMMISSIONER SCHIFFER: See the --
MR. EHARDT: See in and out.
MS. MURRAY: Just real quick on that comment. When you say
clear glass, you know, a lot of businesses like to put signs in their
windows, and we do allow some window coverage. Is that going to be
different here, or would that be -- fall under the --
MR. EHARDT: We have --
MS. MURRAY: -- sign code?
MR. EHARDT: It would fall under the sign code the way we
have it right now.
MS. MURRAY: So the way you have clear glass then, that
doesn't mean to imply that it should be able to be --
MR. EHARDT: The physical material is clear.
MS. MURRAY: Okay.
MR. JACKSON: Right. I think you have signage requirements
that if they put vinyl letters on, it can only be 25 percent of the glass
or -- on that type of thing in signage. Now, we haven't detailed any
kind of signage requirements at all different than yours.
MS. MURRAY: Okay. Well, the implication is you don't -- you
want to be able to see through it. And the sign code does allow to
place some signs, so I didn't know if there was a conflict here, if you
didn't want people to put signs there or they could -- okay.
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CHAIRMAN STRAIN: Onto page 40. Questions on page 40?
COMMISSIONER SCHIFFER: Yeah, I do.
CHAIRMAN STRAIN: Go ahead, Brad.
COMMISSIONER SCHIFFER: Just again, kill fluorescent.
CHAIRMAN STRAIN: Let's -- questions that we haven't
already addressed. How's that?
COMMISSIONER SCHIFFER: Well, you know, here's the
queer thing, though, is that if we don't bring it up, what happens if __
you know, I'm comfortable with the fact that -- if everything we said
in Bayshore they'll apply here and they can swear to that, but maybe
there might be something -- I haven't come across it -- that we don't
want to apply here. So--
CHAIRMAN STRAIN: I was just trying to save time, Brad. If
you feel you've got to --
MR. EHARDT: We're moving pretty good. If you have -- go
ahead and say what you got to say.
COMMISSIONER SCHIFFER: I'm done.
COMMISSIONER MURRAY: Number five, if you would,
please, attach building awnings, comma, canopies or balconies and
may encroach. Is that -- is there an extra and in there? I thought it
was in the first --
MR. EHARDT: Which item are you on? I'm sorry.
COMMISSIONER MURRAY: Item five, on --
MR. EHARDT: Okay. I'm sorry.
COMMISSIONER MURRAY: -- page 40. Is there an extra and
in there? Sentence says attached building awnings, canopies, or
balconies --
MR. EHARDT: Oh, okay.
COMMISSIONER MORRAY: -- and may encroach.
MR. EHARDT: Yeah, yes.
COMMISSIONER MURRAY: So you want to delete that and.
MR. EHARDT: Right.t
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COMMISSIONER MURRAY: That's just a little note for you.
Thank you.
CHAIRMAN STRAIN: And follow with Brad's reasoning, the
architectural design theme, you're going to rework that language to be
consistent with the same concerns we had with Bayshore.
MR. EHARDT: Right. I want to make one correction I see in
here since Mr. Murray just read that sentence. I would delete the word
balconies because balconies are not going to encroach over. They're
going to be set -- set step back. So awnings or canopy can but not
balcony. So balconies will be struck.
COMMISSIONER MURRAY: I didn't pick that up. Good.
CHAIRMAN STRAIN: Page 41.
COMMISSIONER MURRAY: I -- let's see.
MR. EHARDT: Stucco finish and Hardy Board, I guess.
COMMISSIONER SCHIFFER: Same thing.
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: On your number two, renovated
buildings shall make every attempt. Is there a -- I'm concerned that
every attempt is unknown. What someone may attempt in my eyes
might be less than what I think I could attempt to do, and I'm
wondering how that might be checked.
Components of this style, if possible. Now, if possible is another
real ambiguous term. This is on the top of page 41.
MR. EHARDT: I understand.
CHAIRMAN STRAIN: Somebody's going to tell you nothing
that the county wants is possible, and others may say everything is.
So I would think --
MR. EHARDT: I think -- I think since -- in this section we didn't
-- I think that's something I added in this one. I can't remember why,
to tell you the truth. The -- we have here was not in the -- the
Bayshore one.
CHAIRMAN STRAIN: That's correct.
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MR. EHARDT: And I'd just soon -- I think I'd just eliminate it
here. Because it -- we want to get the intent of this cracker Florida
style but not restrict it that much, so I'll just eliminate that.
CHAIRMAN STRAIN: I think that would--
MR. EHARDT: If no one has a problem with that.
CHAIRMAN STRAIN: That will clarify it.
HI, one sandwich sign is allowed in the public right-of-way. Is
that consistent with transportation department's allowances, do you
know, or if you could find out?
MR. JACKSON: As long as we -- as long as they can maintain
the handicapped 36-inch access, pedestrian access.
CHAIRMAN STRAIN: Okay.
COMMISSIONER MURRAY: Does that also go back to the
other issue about what is the public right-of-way in some of your
parcels?
MR. JACKSON: Yes.
COMMISSIONER MURRAY: Are we talking pedestrian
walkway as --
MR. EHARDT: We didn't -- we didn't bring up the -- I can't
remember how it came up. The public right-of-way is -- is there. I
don't know. In this case, this sign -- I guess it could be out closer to
the curb. It could be on the public right-of-way or it could be on the
private property in that ten-foot, you know, strip we're talking about.
It could be either place. I guess we could say it has to be on private
property and then it wouldn't be an issue in this.
COMMISSIONER MURRAY: There are issues of liability.
MR. EHARDT: Yeah.
COMMISSIONER MURRAY: I think you need to question
yourself on that.
COMMISSIONER SCHIFFER: The way it's worded, you could
stick it in the center of the street.
MR. EHARDT: I don't want that.
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COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Okay.
MR. EHARDT: I'd just say it has to sit on private property in
front of the building.
COMMISSIONER SCHIFFER: And you have plenty of room
with your sidewalks.
MR. EHARDT: Yeah.
CHAIRMAN STRAIN: Page 42, any comments from the panel?
2E, you might want to look and take a look at that in regards to the --
your heights and how they're measured, whether it's 18 inches above
the crown of road or whatever. I think we addressed something like
that in Bayshore.
MR. EHARDT: Right.
CHAIRMAN STRAIN: Bayshore used a different designation
for FEMA. I'm not sure which one is correct.
MR. EHARDT: I think I was -- if I remember right, I think we
were told at one of the meetings the National Flood Insurance was the
correct one to use. This was an old one. I'm -- I just copied.
CHAIRMAN STRAIN: That needs to be corrected.
MR. EHARDT: Right, right.
CHAIRMAN STRAIN: Anything else on 42? Now let's go to
41.
COMMISSIONER MURRAY: Forty-one?
CHAIRMAN STRAIN: Forty-three. I'm sorry. Yeah, I'm going
backwards.
COMMISSIONER ABERNATHY: Don't backslide.
COMMISSIONER MURRAY: Welcome to my world.
CHAIRMAN STRAIN: We'll never get through it. Anything on
43? Forty-four?
COMMISSIONER MURRAY: Yeah, I have a question.
CHAIRMAN STRAIN: Go right ahead.
COMMISSIONER MURRAY: On -- in the -- in the illustration
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of the house I guess that is, and -- the porch is 40 percent of the front.
That is considered to be 40 percent of the front facade, so you include
-- you include your -- as part of the facade the garage, the double
garage doors. I wasn't aware of that. Okay. Thank you.
MR. EHARDT: And on item F, just for clarification, we're going
to change that 20 to 23 feet.
COMMISSIONER MURRAY: Yeah, the 23 feet.
MR. EHARDT: And the illustration will reflect that, also. Well
-- yeah. The illustration will reflect that, also.
CHAIRMAN STRAIN: Page 45. Item six at the bottom of page
45 it--
,
MR. EHARDT: Yes, sir.
CHAIRMAN STRAIN: If you were to -- accessory unit is a
variety of different things. A garage is listed as an accessory unit,
swimming pool is. So if you were to put a pool in, you couldn't have a
garage or if you put a garage in, you can't have a pool? Is that -- could
that conclusion be drawn from the way that's written? I know it's old
language.
MR. EHARDT: I don't know. This is new language. I'm trying
to think of an answer to your question.
MR. JACKSON: Maybe we could say one of each type.
CHAIRMAN STRAIN: I just want to make sure that it's --
MR. JACKSON: Sure. Somebody will have a pool, an
accessory unit, which is also -- and then they have a detached garage
accessory unit and maybe a --
CHAIRMAN STRAIN: Guest house.
MR. JACKSON: -- guest house, a lawn shed.
CHAIRMAN STRAIN: Right. Well, the way I read that, I was
wondering if you could do that or not.
MR. JACKSON: It was a good point.
CHAIRMAN STRAIN: Okay.
MR. EHARDT: Thank you.
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CHAIRMAN STRAIN: Anything else on page 45?
MR. WHITE: Spelling of Port-Cochere.
CHAIRMAN STRAIN: I'm sorry?
MR. WHITE: Spelling ofPort-Cochere.
MR. EHARDT: I'll check it.
MR. JACKSON: Only the French know.
CHAIRMAN STRAIN: Page 46.
COMMISSIONER MURRAY: I had something here. Maybe I
missed it. Let's see. Never mind.
CHAIRMAN STRAIN: On number seven, if you could take a
look at those open view, opaque issues like we talked about in the
other one, just to make sure that the opacity is -- maybe has a
percentage attached to it.
MR. EHARDT: Oh, on the fences, yes. Okay.
CHAIRMAN STRAIN: Anything else on page 46?
MS. F ABACHER: Mr. Chair, I think in D it says shall be limited
to a maximum of20, paren, 18 feet.
MR. EHARDT: What page are you on? I'm sorry.
CHAIRMAN STRAIN: Page 46, D at the top.
MS. FABACHER: Forty-six,6D.
MR. EHARDT: I'm going to change that to -- I'm going to
change that to 20 feet. But we're going to look at that, that whole
thing on the height.
CHAIRMAN STRAIN: Well, that actually got us through
Gateway. With the exception of -- let's talk about the few issues that
we brought up that I mentioned to you before on Bayshore that I was
correctly told are Gateway. Water management's a big one. Is
someone -- that is being worked on by staff and you-all?
MR. JACKSON: The -- in the Gateway area, yes. It is a high
priority for the county, and it's a high priority for the CRA in the
Gateway triangle area because that's where the majority of our
flooding happens on smaller rain events.
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In the Bayshore area, it isn't quite as much impact. There's a
couple streets -- for instance, Jeepers and I think Holly Lane and a
couple down in the -- you know, very far south that are limestone
roads that they do have some localized flooding from time to time, but
it's not that -- it's not a major issue that the county is looking and
focussing on.
In the -- in the Bayshore area, when a person comes and develops
his land, he's going to have to meet the South Florida Water
Management requirements, he's going to have to hold his water on and
do his quality and quantity issues.
In the Gateway triangle we have probably several areas, like mini
triangle, for example. It's probably 80 percent impervious right now.
And so we are going on Tuesday to talk with the management, South
Florida Water Management District people, to see if we can come up
with a set of localized rules to permit and maybe come up with a little
water management district, a little cooperative and -- to work our way
through that. And we will have to work it through the assistant county
attorney's office, also, to make sure the legality and that we also
comply with the water management district.
We didn't want to address it in here because we didn't have a
solution, but we are working on a solution to the tune of many
millions of dollars over the next ten years.
MR. EHARDT: We -- our firm has met with the water
management district, and they have agreed that they could go back
and see what the runoff and things were post the development of
Davis and 41. And we're finding they're really going -- or at least they
say -- we haven't verified it.
We're doing a report -- we've run the model to see if we can get
an additional outflow across 41 and maybe Davis Boulevard to get the
water out of the area. That's part of the problem. It stays there for
long because the -- I think there's only a 24-inch pipe that goes across
Davis Boulevard, and there's a lot more water that goes in that dike of
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the triangle and Airport Road and 41.
And it looks like, you know, we can get some more -- possible
we might be able to get some more water out of there faster than we
can right now. And they're letting us go back to kind of pre --
preconstruction conditions. Because when they did the amount of
storm water that could be handled with the swales and so forth along
Tamiami Trail before they redid the project, it was a lot more than is
allowed right now. So we're trying to work with them to get some
solution.
CHAIRMAN STRAIN: Commissioner Caron, did you have a--
COMMISSIONER CARON: And you had a discussion about
this with the BCC, correct, on Tuesday?
MR. JACKSON: For a single site project. And that was the
genesis of launching this, staff and CRA staff to go talk to the
management and come up with a plan. We already had a plan -- a
base plan to start -- to investigate it, but right now we need to get the
final product, what we're going to do when we get it.
And then we also want to provide a solution to those people that
have the smaller structures that can't handle the water on site. You
know, how -- are they going to be part of a cooperative, is it going to
be an MST or MSB or we don't know?
CHAIRMAN STRAIN: Commissioner Schiffer.
COMMISSIONER SCHIFFER: First of all, congratulations,
really good job. I think this is important code for Collier. I think fast
forward ten years, look back, these are going to be two of the more
interesting places in Collier.
One quick thing about -- I'm still haunted by these additional 388
units. Is there any way we can only allow those units for affordable
housing? And here's why, because we're trying to create an artist
community. All the artists I know are poor. Even the ones that are
rich hide it well. But if we really truly wanted to make this to be an
active area for art, an area where people come to visit, not necessarily
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come to live, then could we somehow see how we could put those
units into only affordable units? Then we might end up with artists.
Because -- an example I have working Bayshore that -- the units
were set out to be artist units, were done as inexpensively as you could
probably do them, but they wound up to be above the -- you know,
they're not affordable housing.
So I mean normally artists move into an area, it becomes hip, and
then the wealthy people move in after. We're skipping the artists on
this one. So I mean if we could take these units, force them to be
affordable housing, we might actually get artists living in that area.
MR. JACKSON: That is a great segue, that off-line conversation
I'm going to have with you --
COMMISSIONER SCHIFFER: Okay.
MR. JACKSON: -- addresses that specifically, affordable
housing for artists in an artist commune. It's a separate project, and I
can't divulge it because of confidentiality but I can read you in what
we've got going on on that one.
For the -- for the units, we're going to have to talk with the BCC,
we're going to have to talk with comprehensive planning, we're going
to have to talk to the CRA advisory board and the real -- and the large
board and see if we can get some reading from all those people in
coming up with a consensus of opinion and some recommendations.
And I don't have the solution right now. I'll tell you right now, I don't
have a solution.
CHAIRMAN STRAIN: Okay. I think we need to make a
decision if this panel -- Patrick, maybe you can offer some comments
here.
MS. FABACHER: Well -- as you asked, I checked for the week
CHAIRMAN STRAIN: This is another issue.
MS. FABACHER: Oh, I'm sorry.
CHAIRMAN STRAIN: I want to follow through with the
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finishing of the Gayshore -- the Bayshore and the Gateway overlay.
MR. WHITE: I knew we'd get him at least once.
CHAIRMAN STRAIN: I think we've got to vote on whether to
re -- what -- to rehear this, don't we, Pat?
MR. WHITE: If you would desire to have a second hearing
independent of any subsequent meetings, then we will need to
readvertise for that separate hearing, a date and time, hopefully
certain, that you can pick today.
CHAIRMAN STRAIN: Well, that brings up another thought. I
really think the best time to have a second hearing is after staff and
transportation and water management and everybody gets together
with the CRA or the CRA local board or whoever they've got to get
together with comes back with a plan that everybody's had more input
to so it's more concise when it gets to us and we're not going to spend
two days going through it like we have.
MR. WHITE: And it's fine, you can certainly wait to determine
when that point would be at some subsequent meeting that doesn't
have to be an LDC meeting. It could be one of your regular meetings,
to have that discussion as part of that meeting's agenda. Talk about
when you're going to have a second hearing, properly advertised, for
the CCPC on Bayshore and Gateway overlays.
CHAIRMAN STRAIN: Okay. So we could vote today to have
this heard a second time --
MR. WHITE: Yes.
CHAIRMAN STRAIN: -- and be brought forward on an agenda
when staff believes they've worked out as much as they can with the
parties involved, and at that meeting we'll discuss and set a date.
MR. WHITE: That'd be fine. Just as long as you recognize that
there's a lag time between getting that ad into the newspaper, having it
published, and then the meeting taking place.
CHAIRMAN STRAIN: I'm sure we'll be advised of that.
MR. WHITE: Oh, absolutely. I'm just suggesting to you that
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depending upon the cycle time back from the consultants and the CRA
through to the staff and their review cycle and comment back and
bringing it onto an agenda for your consideration, and then the
subsequent time to get it advertised and heard may put it at a point
where a consideration, as Ms. Murray had said at the beginning of
today's meeting, needs to be made about whether it stays with the rest
of the train or it finds some other process, avenue, to ultimately have it
considered by the Board of County Commissioners.
So that's obviously a policy choice. It's not something our office
is making a recommendation about one way or the other. I'm simply
alerting you to what the logistics of the time line are that you're __
you're contemplating.
CHAIRMAN STRAIN: I would think that staff can get the
comments on the base parts of the LDC that we've gone over partly
one day and will finish up the next meeting we have, those could
probably get back to us much quicker than I think they can get
through all the Bayshore and Gateway overlay stuff. But that's just my
. .
opInIon.
Brad, did you have a comment?
COMMISSIONER SCHIFFER: Yeah. I'd like -- can't we pick a
date -- like let's take November 9th. Can't we get it done by then? I
mean I don't want to let it just go drift. Let's give deadlines. I mean I
live -- everybody lives in a world of deadlines but -- that's six weeks.
I mean couldn't all this work be done by then?
MR. JACKSON: We can have all the administrative changes
done by tomorrow, but the part of liaison with the staff and them
helping us with criteria and items like that, they're on a very difficult
schedule. So it would be encumbered -- you know, that -- those juicy
parts of the deviations and numbers for criteria that they're going to
give us input on, that's up to when Miss Murray can find time in their
busy schedule to get back with us or sit down with us.
COMMISSIONER SCHIFFER: And, David, isn't there a lot of
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public interest in this? I mean so would an evening meeting on
Wednesday the 9th be good to try to go through -- I don't think it
should take us -- that made everybody --
MR. JACKSON: Well, I mean it could be done sooner than that.
CHAIRMAN STRAIN: Let's take it one step at a time.
Susan, what's your time frame that you need?
MS. MURRAY: Well, a couple things. I think maybe we could
take that as a recommendation. I think you gave, what, November
9th?
COMMISSIONER SCHIFFER: November 9th. It's a
Wednesday.
MS. MURRAY: But come back to you next week -- because
we're meeting with you-all next week on a regular agenda item. Let
us sit down -- because it's -- it involves more than just the zoning staff,
and that's why I need to coordinate with other departments and then
coordinate with David and then understand what we need for
advertising and then understand time we need to give you-all to look
at any changes. Because I think you're expecting some changes at the
next meeting, too.
So we need to kind of work back from all those -- that time frame
and come up, but I'll take November 9th if the rest of the board agrees
as kind of a target date, and then we'll see where we fall out and give
you some options at your next regular meeting.
CHAIRMAN STRAIN: Bob?
COMMISSIONER VIGLIOTTI: You have to meet with
Swiftmud. Do you think you can get ahold of Swiftmud this quickly?
MR. JACKSON: Yes. We meet with them Tuesday.
COMMISSIONER VIGLIOTTI: And it will be resolved?
MR. JACKSON: You never resolve anything in one meeting
with them, sir. But -- but we will have at least some guidelines, some
guidance. You know, you'll see where they lead you and that type of
thing. My consultant is not available the first week of November.
139
16 , 12C 7
September 30, 2005
Can we try the last week of October? They've got -- he's got -- I mean
he's got other company commitments and will not be able to be here,
and I think you'd love for him to be here.
COMMISSIONER SCHIFFER: That -- I'm fine with that. That
makes four weeks, though.
CHAIRMAN STRAIN: Why don't we leave it up to Susan to
come back with a recommendation?
MS. MURRAY: If I know that, then I can put that into the mix
and see how everything falls out, and then we'll come back to you next
meeting with some thoughts on time frames.
MR. JACKSON: And one last question -- well, Mr. Murray
wants to go.
COMMISSIONER MURRAY: I just wanted to ask you are --
are you in any situation of financial matters concerning your contract
with your consultant?
MR. JACKSON : We are, but it's more important that we get this
COMMISSIONER MURRAY: Okay. So that's not an
encumbrance?
MR. JACKSON: It's not over -- it can be overcome. We'd rather
not go there, but -- we'd prefer to get it done sooner than later within
the time frames that are allotted by the people that are all encumbered
by it.
MR. EHARDT: I think -- based on our meeting that we had -- I
guess it was about a week ago, week and a half ago -- I started making
some of the changes that we talked about then. Okay? And some of
the changes that I know I can make now, some of these sections
setbacks and things, I can start working on those, you know, next
week. So when I come back down here to meet with the staff, I will
have a lot of those changes already done.
Now, there may be a few issues that we're going to need some
help on or some direction on, but they can review it when I come back
140
16112C 7
September 30, 2005
down. Because I plan on getting it done as fast as I can, based on our
conversations today and last week.
CHAIRMAN STRAIN: I want to go back to what I suggested.
I'd rather not put any date on the table right now. Let staff come back
to us with a recommendation based on a schedule they can
perceivably make. Right now staff is overburdened in this county.
We have more going on, and the last thing we need to do is make a
mistake on something we're going to have to live with for years.
MR. EHARDT: That's fine.
CHAIRMAN STRAIN: So if there's a motion -- does anybody
on this panel wish to make amotion?
COMMISSIONER MURRAY: I would make that motion.
COMMISSIONER VIGLIOTTI: Second.
CHAIRMAN STRAIN: Motion has been made to rely on staffs
recommendations at next week's meeting for another -- future date on
the -- to finish this up on a second hearing. It's been seconded by Mr.
Vigliotti. Any discussion? All those in favor? Aye.
COMMISSIONER ABERNATHY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER SCHIFFER: (Absent.)
CHAIRMAN STRAIN: Anybody opposed? No one opposed.
MR. JACKSON: Mr. Chairman, I have one -- one -- if you can
give me a bit of guidance. Because there's a lot of underlining, color
blue, red, and strikes throughs, how would you like to have this
presented to you in the next hard copy on paper? Would you like us
to take out those things that you said change and so that you don't end
up with multiple strike throughs, double strike throughs, and three
colors, or do you want to see that history?
CHAIRMAN STRAIN: Well, my preference would be just give
us a clean copy without all the colors. We'll just read it like it's
141
--~.-f'..-'~'.'--^~--"'---'-
16112C 7
September 30, 2005
brand-new and go through it and go back and look at the notes we
made today. That's how I would approach it.
COMMISSIONER MURRAY: And I --
MR. EHARDT: Well, I -- I had -- way I had started this, if I may
just say, what I did is anything that I changed since last week until the
copy I've gotten here now that I started making my changes, I made it
a yellow highlight. So you could see exactly what's changed from
what you got here now. I may have struck through something and
added a word or changed a dimensions, but I highlighted it in yellow.
I -- I would -- just so there's no miss -- confusion, I would prefer
that you see the same document you got now with the changes, we'll
highlight -- whatever I change between now and then, I'll make it in
yellow if that's -- or I can do it a clean copy.
CHAIRMAN STRAIN: Whatever is easiest for you guys.
MR. EHARDT: Okay.
CHAIRMAN STRAIN: You know, I can do it either way.
COMMISSIONER MURRAY: Maybe you can use another
color than yellow because I use yellow highlighter to make my
questions.
MR. EHARDT: I'll get pink highlighter or something. I can do
that.
CHAIRMAN STRAIN: I'll get you another highlighter.
MR. EHARDT: I think it just -- that way we don't have to look
at every section, we can just see the areas that we changed, see if it's
acceptable.
CHAIRMAN STRAIN: Okay. You've got enough direction.
Let's just call it a day in that matter.
Now, why don't we get down to what's going to happen with our
next meeting, going back to the regular land code amendments we
didn't finish. Catherine, did somebody find dates for us?
MS. F ABACHER: Which month are we talking about?
CHAIRMAN STRAIN: It'd be October. The week of the 24th
142
16112C 7
September 30, 2005
was where we left off before. That's when most of us can be back
here to discuss it.
MS. FABACHER: Okay. The only thing available in this
chamber the week of the 24th is Friday, the 28th. I know you prefer
this to going over to CDES.
CHAIRMAN STRAIN: Fine with it?
COMMISSIONER SCHIFFER: I'm fine.
CHAIRMAN STRAIN: Want to do 1:00, Friday, the 28th?
MS. FABACHER: Let me -- let me say that Mary Joe's advised
me that there may be some IT people in here working from 1 :00 to
5:00, but they -- we can still have the meeting, if that's all right with
you.
CHAIRMAN STRAIN: That's fine. I don't have a problem with
that.
COMMISSIONER MURRAY: 1 :OO?
CHAIRMAN STRAIN: So we'll continue the Land
Development Code Cycle 2A meeting that started on August 18th to
the 28th of October at 1 :00 in this room.
Patrick, is that said well enough, or does it have to be refined by
your --
MR. WHITE: The only thing that needs to be amended with
respect to that, that this is full cycle 2, not 2A.
CHAIRMAN STRAIN: Okay.
MR. WHITE: And just for the benefit of the public who may be
tuning in at this, meeting is being continued to hear all other matters,
except for Bayshore, Gateway overlay, to these chambers, Friday,
October 28th, at 1 :00 p.m.
Now, the staff has considered the notion that there may be some
opportunity -- I guess it's a new budget year, and there may be the
opportunity to advertise it, I don't know. It's not a legal requirement,
but it is an extended period of time between then and now and there
may make some sense to try and run an ad maybe the week or so
143
16 '120 7
September 30, 2005
before.
CHAIRMAN STRAIN: That's staffs call.
MR. WHITE: Okay.
CHAIRMAN STRAIN: Okay. Gentlemen, ladies, are we
finished here today? I believe we are. Motion to adjourn?
COMMISSIONER SCHIFFER: I'll make that motion.
COMMISSIONER MURRAY: Second.
COMMISSIONER SCHIFFER: Seconded.
CHAIRMAN STRAIN: All in favor? Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER ABERNATHY: Aye.
COMMISSIONER VIGLIOTTI: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MURRAY: Aye.
CHAIRMAN STRAIN: We're out of here.
(Adjourned at 4:46 p.m.)
144
16112C 7
September 30, 2005
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the chair at 4:46 p.m.
COLLIER COUNTY
PLANNING COMMISSION
Mark Strain, Chairman
145
16112C 8
October 18, 2005
TRANSCRIPT OF THE MEETING OF COLLIER COUNTY
DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE
Naples, Florida, October 18, 2005
."
!-"\
o
6 Z005
'.Air;'j; r I ~~:;.i;~on':':.'rs
LET IT BE REMEMBERED, that the Collier County Domestic Animal
Services Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 6:30 PM in REGULAR
SESSION at Domestic Animal Services Training Room, Davis Blvd., East
/
Naples, Florida with the following members present:
CHAIRMAN: Dr. Randall Eisel
Karen Acquard
Michele Antonia
Sergeant David Estes
Jennifer Hawke
Tom Kepp, Jr. (Excused)
SusanWeiss
Fiala
Halas
Henning
Coyle
Coletta
~'
, ..,/
~
ALSO PRESENT: Margo Castorena, Director of DAS
Nan Gerhard - Shelter Operations Manager
Gary L. Young - Operations Coordinator
Meryl Rorer- Volunteer Coordinator DAS
Misc. Corres:
Date: I//O/Oh
I I
ltem#: IIDI ~c (2)
Copies to:
16112C8
October 18, 2005
1. Call to Order
The meeting was called to order by Vice Chaim1aJ.l SUSaJ.1 \Veiss at 6:39 P. M.
2. Attendance:
A quorum was established with Tom Kepp being excused.
(Dr. Eisel arrived at 7:03 P.M.)
1. Approval of Agenda:
Jennifer Hawke moved to approve the a~enda. Second by Karen Acquard.
Carried unanimously 5-0.
2. Approval of Minutes: September 20, 2005
Change under "Old Business" from Antonio to Antonia in spelling of Michele
Antonia's name. David Estes moved to approve the minutes of September 20,
2005 as amended. Second by Jennifer Hawke. Carried unanimously 5-0.
3. Director's Report: Margo Castorena
a. DAS Stats-(Attached)
o Review of package from 9/22 workshop
o Volunteer hours - 255 for Sept. (overall has been 800 hrs. more than last year)
o Statistical handouts
o 184 adoptions
o Petfinder-increase in hits-twice as many for dogs than cats
o Community Education re: spay and neuter necessity
o Increase in cat litters brought in & feral cats
b. Facilities:
o Air ionizer (kill gem1s and purify air) is installed in various areas
o Card key - security access to different areas
o Capital purchase - 5 radios for emergency management between staff
members and and staff / sheriff monitoring
o DAS meeting room converted to media center for training opportunities for
public and staff. Also for disaster response
o Vetltech response clinic at VeteraJ.ls Park
o Construction of Operations Coordinator office and training area, converting
back aJ.'ea from storeroom to centralized filing area and small room for office
for shelter tech. Can access data base, phone and be accessible to public.
c. News:
o Position of Operations Coordinator - Gary Young
o Welcome of Michele Antonia as New DAS Board Member
o Management structure !hours of operations
o Nan Gerhardt, Operations Manager- second in command
o Administrative assistant positions (Brenda Salinas) filled
o Interviews for Vet. Tech, and Customer Service in process with aim to fully
staff
o Approval of Scott Kostelnik as V et. Tech finalized
2
16 L!be~8~2~
d. Calendar:
1 0/26
10/30
11/5
11/19
Dogs Night Out
DAS Auction
Christmas Pictures
VSA Shot Clinic
6. Old Business:
a. Introduction of Gary Young, Operations Coordinator
b. Katrina Report-$6, 132 was collected for HSUS for the Katrina Animals. A
$2,000 was uonateu to DAS from a county employee. Legal questions
regarding funds given to Community Foundation; set up of Trust Fund under
Clerk of Courts. No more money is being put into the Foundation. Created
Special Master Ordinance. Issues to be taken up on 10/25/05 BCC Agenda.
c. Dogs Night Out -Meryl Rorer gave report on activities and events planned:
radio and mcdia coverage, gift ccrtificates, busincss contributions, rcstaurant
happy hours, raffle, shelter dogs fashion show and chinese auction. She
acknowledged both Michele Antonio and Susan Weiss for contributions from
their businesses.
7. New Business:
a. Margo CastoJ'ena offered new infonnation about the rabies vaccination law
and ordinance revision. To go into effect Jan. 1,2006. 3yr. rabies vaccination
and 1 yr. license. Discussion followed. DAS recommends choice for both a
3yr and a lyr. Also standardized rabies vaccination certificate among all Vets.
b. Nan Gerhardt spoke on DAS Auction -moved from lO/29/05 to 10/30/05--
have 4 Pot belly pigs, 1 horse and 5 chickens. Also have obtained custody of
40 fighting roosters.
Dr. Eisel voiced concerns on readiness of shelter for hurricane. Margo stated they are
as ready as they can be, with water, litter, generators, supplies and provisions for a cool
room. However, not for a Katrina or Rita type storm.
Problems of repeated litters, feral cats, spaying moms of litters, ownership issues, giving
people referrals and options were items of lengthy discussion by all members. Questions
arose on paying those who bring in pets and need for comprehensive educational
programs.
Karen Acquard suggested that a letter, written by Susan as an individual on the
Advisory Board, to the BCC, may have more impact than requests by DAS Director, in
garnering support for finding a way to pay those who bring animals for spay and neuter.
Margo Castorena noted that the committee's work is to carry out the mission ofDAS
AdvisOlY Committee as outlined in Article 14. She will provide copies of Article 14
under Ordinance for governing DAS at next meeting. She emphasized that DAS is a
County Agency for stray, homeless and abandoned animals. Information and referrals
can be given out once cats are brought in.
3
16112CIO
T I' E B ^ Y S II 0 REI GAT E \I: A Y T I{ I A N c; L ERE D EVE l. {J I' M L N T A [{ E A
2~a8 1.1~\X'()OO ,\\'1: SLIT!: II -';'l'U'S. 1'1. }~lll "IIl''-'" 2.\'1 (,4.LII15 F,\x 2.l'1,775.4~;('
OMMONITY
EDEVELOPMENT
GENey
BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
MINUTES OF THE APRIL 5TH COMMUNITY MEETING WITH HDR
The community meeting of the Bayshore/Gateway Triangle local Redevelopment Advisory Board and HDR
Engineering was called to order at 6:10 pm at the Tree of Life Church at 2132 B Shadowlawn Dr., Naples Fl.
Public Representatives in attendance: Commissioner Fiala, Board of County Commissioners: Chuck
Gunther. CRA-Advisory Board; Karen Beatty. CRA-Advisory Board; David Jackson, CRA-Executive
Director, Jerry Kurtz, Stormwater Management
1. Introduction by Me David Jackson. Executive Director for the eRA: Mr. Jackson gave a 15 minute
CRA-AB oveNiew of redevelopment and what it means for the community.
2. Mr. Ehardt gave a presentation on the overlay for the Bayshore area. using a slide show outlining the
county approved overlay and the proposed amendments.
3. Questions: There was a question and answer period, the following were the major issues, Haldeman
Creek Dredging, Eminent Domain, Road paving. Code Enforcement on substandard structures. down
zoning of commercial land and large PUD's in the area,
a. CRA-AB staff arranged for a follow-up meeting to specifically address Haldeman Creek
dredging interests.
4. Adjournment: Having no more to discuss the meeting adjourned.
CRA Board
Commissioner
James N, Coletta
Commissioner
Fred W. Coyle
Commissioner
Donna Fiala
Commissioner
Frank Halas
Commissioner
Tom Henning
CRA Staff
)avid L. Jackson
Executive
Director
Bayshore
Gateway
Triangle
16112C 10
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE 11 NAPl.ES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456
CRA-AB GOAL SESSION AGENDA (PROPOSED)
April 26, 2005 7:30 - 11 :30am
Inn On Fifth, Naples, Florida
0730 - 0745 Arrival & Seating of Participants
0730 - 0745 Refreshments and Continental Breakfast
0745 - 0800 Welcome and Administrative Comments (CRA B.D.)
0800 - 0810 CRA-AB Chairman Welcome and Remarks
0810 - 0830 Redevelopment Overview (CRA B.D.)
Purpose/Structure of a CRA
How Tax Increment Financing (TIF) Works
0830 - 0900 CRA-AB Tenets (Principles) & Mission Statement (Board)
0900 - 0910 CRA & CRA-AB Accomplishments 2000 - 2005 (CRA B.D.)
0910 - 0920 Projects Currently In Work Public & Private (CRA B.D.)
0920 BREAK
0930 - 0945 Overview of Recommended CRA-AB Projects (CRA B.D.)
0945 - 1015 Bayshore Project Discussion & Ranking (Board)
1015 - 1045 Gateway Project Discussion & Ranking (Board)
1045 - 1050 BREAK
1050 - 1110 FY2006 Budget Presentation & Discussion (eRA E.D.)
1110 - 1125 Presentation & Discussion of Ranking Results (CRA B.D.)
1125 - 1130 Chairman's Closing Remarks
THE BAYSHORE!GATEWAY TRIANGLE REDEVELOPMENT AREA
2408 LINWOOD AVE. SUITE 7 UNIT 11 NAPLES. FL 34112
PHONE 239.643,1115 FACSIMILE 239,775,4456
16112C 10
T II E BAY S H 0 REI GAT E W A \' T RiA N (; L ERE 0 EVE LOP M E ]'I< TAR I'; A
OMMUNITY
"EDEVELOPMENT
GENCY
2HI1I 1.1:'<1<'000 .\VE SI:ITE 11 :-';.'d'LF~, VI. 34112 PliO'>: 23'J.C>4LlIL; L-\x 239,77;,.H'i(,
BA YSHORElGA TEWA Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
MINUTES OF THE APRIL 26, 2005 ANNUAL WORKSHOP
The workshop of the Bayshore/Gateway Triangle Local Redevelopment Advisory Board was called to order
at 7:55 am at the Inn on Frith, 699 Fifth Ave S, Naples Florida.
1. Roll Call-Present: Advisory Board Members: Chairman Bill Neal, Karen Beatty, Ron Fowle, Rod
Gamer, Chuck Gunther, Phil McCabe, Bill Mears and Mike Valentine.
eRA Staff Present: David Jackson and Tammy Williams
Countv Staff: Patrick White, Assistant County Attorney
Pubiic Guests: Barb Garner, Victor Brittain, Tom Finn and Fillip Mastrocola
2. Mr. David Jackson called the meeting to order at 7:55 and introduced himself and turned the floor
over to Mr. Bill Neal.
3. Mr. Neal gave a brief overview on what the meeting covered, stating that this was just a workshop
to discuss the goals. budget and projects and no voting will be taking place.
4. Mr. Jackson gave a brief presentation on what a CRA is, how it is funded and how it operates.
5_ Mr. Jackson presented the CRA-AS with Tenets and samples of a Mission Statement for the board
to review and to revise to fit the AS objectives.
6. Mr. Jackson presented the AB with a list of current projects that are in the works for the area,
7. Mr. Jackson gave the board an ovelView of recommended projects for FY 2006, as well as long
term.
a. The AS was given ranking sheets to put these in order of priority and importance.
b. Results of the ranking sheets are attached.
8. Me Jackson presented the AS with a recommended budget for FY2006 to be looked at and voted at
the May 3'd meeting.
9_ Me Neal closed the meeting, remarking that Mr. Jackson has already brought the AS a long way
with good leadership. Stating that the AB now has a map and charge and it is up to the AB keep
things moving.
10. The workshop was adjourned at 11:30am.
16112C 10
Results trom
Ranking Sheets
Bayshore
Neighborhhood
Stonnwater
Housing Rehabilitation Plan
Mixed Use Power Center - Artist Village
Residential Demonstration Projects
Streetscape Extensions
ScheduleJFund Neighborhood Visioning Projects
Farmer's Market
Create Destinations
Road Plans
Dredging
Raise the Bayshore Bridge
Walkway to Sugden
BeautificatiOn of Dells
Asphalt Road at Southern end of Bayshore
COMMERCIAL
TOTAL SHORT LONG FiNAL
PRIORITY TERM TERM RECOMMEND
-~..__.._-_..'--.
70 5 2
58 3
3 5
50 4 4
49 ":l
'"'
48 3
43
10
10
1- ..___'n. .---.-.,---.--
Site Location Feasibility Study - Pocket Garages : 53 : 1 . 4
Apply For Cultural Facilities Grants - Acquisition i--s;--r--s-i-'-2 ----r--'-- ----,
Apply For Cultural Arts Action Plan - National Trustl--- 51---.r---s--.-T.-.2--T------j
Farmer's Market '--49----r-3-.--.i-i-------.------.--.-
_ ._~~.,_4-________..,.._~------_.--. _______
Artist Village I Art Center I Museum L-~.?___L~____L___~l.___
Complete Zoning Overlays i_,,__41___L_~_L_~_____
Land J Property Acquisition ' 41 ; 3 i 1
+-----.-.---f-. - -."'-.----
Bayshore - Artist Village Zone_,,__!#l....._"I_____~___L_._,,1_____L-------:
Build Public-Private Partnerships (Land Owners) 39: 0 ; .
Parking Garage(s) "'---39-' ---'----0-.-7-- ----2-------."""-
r----.-,--.,,---...--..~.----------__r_____-.---.
Entertainment Center - Artist CO-OP ; 39 ! 2 ' 2
I"._..-------,----_.._-~--_.--_.
Determine Site Development Locations : 38 ' 2 : 1
,-.- .----...----."-r-------~-"-------- .----.---
Solicit Developers RFQfRFP Process L~~____J_,,_}----..J,,_"____~._._l-___,,_~~
Determine Urban fnfiU Projects/Locations . 30 ! 0 ; 0, :
.-:-----.--.~._-----r_-.--~-.--r"'.-._-.------r--+---.~.,-------------:
Cultural Arts L.......23 __"i___.__!__~~___"L__._____"._
Create Destinations i 21 ! 0 : 1 i .
Paries :~-"10--:---0---_=_- 1- "____==
Raising Height of Bayshore Bridge L_..--1.Q...___l_. _,,_~"___..L___1"____"----......J
PublicIPrivate Working Capitol Financing L 7 '" !_"_,,~__Q.._____._..._"""___"____
16112C 9
VII. LANDSCAPE MAINTENANCE REPORT: CLM
. Dick had sent an email congratulating CLM for their prompt response in the
clean-up after Hurricane Wilma
· Debris has been picked up and will be reimbursed from FEMA - rest of debris
from residents will be picked up from the County and reimbursed from FEMA
· Debris removal is reimbursed from FEMA, but FEMA will not reimburse for any
replacement of landscape material or trees.
. Irrigation clock off until next week -some irrigation has been damaged with cars
and fallen trees etc.
· Stump removal will need to be done
. Robert submitted an estimate (street by street) of costs and plant material to be
replaced since the storm - some will be replaced with different plant material that
will be conducive to the area. (Estimate of$15,OOO)
Lew Schmidt moved to spend up to 515,000 for replacement plant material. Second
by Dick Lydon.
Motion and second was amended to add: in accordance with the approval of the
Sub-Committee.
A lengthy discussion followed. Some of the plant material will be alternatives from what
is there with plants much improved and will produce healthier plants for the different
areas. The Committee was concerned about areas in which certain plants are not growing
well and the expenditure of funds. A landscape plan had been prepared a few years ago-
Darryl will see if he can find it.
Lew amended the motion to add the word: rearrange plant material. Dick amended
his second.
Motion carried with 3 Yes, 1 abstention (Bud Martin), and 1 No (Carol Wright.
B. Sidewalks - Carol Wright
. No report
C. Maintenance - Lew Schmidt
. Will be meeting with the Burkhart's concerning the Landscaping.
D. Tax Analysis - Bud Martin
· No report
E. Liaison - Dick Lydon
. Reported earlier in the meeting.
VIII. NEW BUSINESS:
. Discussed beach access and beautification
XI. PUBLIC COMMENTS - None
Being no further business to come before the Committee, it was adjourned by the
Chairman at 3:00 PM.
The next meeting is scheduled/or December 1, 2005
AT ST. JOHNS PARISH LIFE CENTER
6251UTII Ave.
Naples, FL
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16112C 10
THE BAYSHOREjGATEWAY TRIANGLE REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643,1115 FAX 239,775.4456
BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
MINUTES OF THE APRIL 4TH COMMUNITY MEETING WITH HDR
The community meeting of the Bayshore/Gateway Triangle Local Redevelopment Advisory Board and HDR
Engineering was called to order at 6:10 pm at the Tree of Life Church at 2132 B Shadowlawn Dr., Naples FI.
Public Representatives in attendance: Commissioner Fiala, Board of County Commissioners; Phil McCabe,
Chuck Gunther, CRA-Advisory Board, Bill Mears, CRA-Advisory Board; David Jackson, CRA Executive
Director; Tammy Williams, CRA Staff; Jerry Kurtz, Stonnwater Management
1. Introduction by Mr. David Jackson, Executive Director for the CRA: Mr. Jackson started with a
presentation explaining the CRA and how it works. Mr. Jackson outlined the process for the
revitalization of the area.
2. HDR Power point show:
a. Mr. Will Stewart, HDR Engineer, introduced himself stating that he has 28 years experience with
Stonnwater. Mr. Stewart stated that currently the county has purchased 4.6 acres of land to
use to help improve the drainage problems within the Gateway Triangle area. He gave a brief
overview on the county stonnwater assessment/survey currently underway.
b. Mr. Joe Ehardt, HDR Urban Design Manager, went over results of questions that were asked at
the past community meetings regarding land usage in the area.
c. Mr. Ehardt gave an update on the Gateway Triangle Overlay, using a slide show outlining the
Overlay Plans, which included sketches of the suggested look of the area could be, He stated
that the Overlay follows the County Growth Management Plan in order to be compliant with
county land use.
3. Questions: There was a question and answer period, the following were the major issues,
Flooding/stormwater resolution, Eminent Domain, Curb, Gutter and Sidewalks, Down zoning of
commercial land, Landscaping
4. Adjournment: The meeting adjourned at 7:40 pm.
Fiala
Halas
Henning
coyle
Coletta
RE E~\lED
Ni' . " , ,)''\''5
<ni l i .dlU
MiS@~lC!1S~:~ t: n-i~/ !:. ::,cni'Tli:;~~lOner5-
Date: 1/ } 01 'D~
Item #:1 bI;J. C (, t:?)
Copies to:
16112C 10
TilE B l\ 'l' S II 0 R E / G A '1' E 'IX A Y T 1\ I AN (; L ERE D 1,; V l'; LOP M I,; N T A It Ell.
! 4 08 l. I ~ '" "0 lJ .\ \'I: S LIT Ell -.; ". L I' " l' L .> ~ I 12 I'll () ,.': I J 'J I. -I ~ . III '> FAX I.}'), 7 7 '> -I -I 5 6
OMMONITY
EDEVELOPMENT
.,GENCY
BAYSHORElGA TEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
MINUTES OF THE APRIL 5TH COMMUNITY MEETING WITH HDR
The community meeting of the Bayshore/Gateway Triangle Local Redevelopment Advisory Board and HDR
Engineering was called to order at 6:10 pm at the Tree of life Church at 2132 B Shadowlawn Dr., Naples FI.
Public Representatives in attendance: Commissioner Fiala, Board of County Commissioners: Chuck
Gunther, CRA-Advisory Board: Karen Beatty, eRA-Advisory Board: David Jackson, CRA-Executive
Director: Jerry Kurtz, StolTnwater Management
1. Introduction by Mr. David Jackson, Executive Director for the CRA: Mr. Jackson gave a 15 minute
CRA-AB overview of redevelopment and what it means for the community.
2. Mr, Ehardt gave a presentation on the overlay for the Bayshore area, using a slide show outlining the
county approved overlay and the proposed amendments.
3. Questions: There was a question and answer period, the following were the major issues, Haldeman
Creek Dredging, Eminent Domain, Road paving, Code Enforcement on substandard structures. down
zoning of commercial land and Large PUD's in the area.
a. CRA-AB staff arranged for a follow-up meeting to specifically address Haldeman Creek
dredging interests.
4. Adjournment: Having no more to discuss the meeting adjourned.
CRA Board
Commissioner
James N. Coletta
Commissioner
Fred W, Coyle
Commissioner
Donna Fiala
Commissioner
Frank Halas
Commissioner
Tom Henning
CRA Staff
)avid L. Jackson
Executive
Director
Bayshore
Gateway
Triangle
16112C 10
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456
CRA-AB GOAL SESSION AGENDA (PROPOSED)
April 26, 2005 7:30 -1l:30am
Inn On Fifth, Naples, Florida
0730 - 0745 Arrival & Seating of Participants
0730 - 0745 Refreshments and Continental Breakfast
0745 - 0800 Welcome and Administrative Comments (CRA B.D.)
0800 - 0810 CRA-AB Chairman Welcome and Remarks
0810 - 0830 Redevelopment Overview (CRA B.D.)
Purpose/Structure of a CRA
How Tax Increment Financing (TIF) Works
0830 - 0900 CRA-AB Tenets (Principles) & Mission Statement (Board)
0900 - 0910 CRA & CRA-AB Accomplishments 2000 - 2005 (CRA B.D.)
0910 - 0920 Projects Currently In Work Public & Private (CRA B.D.)
0920 BREAK
0930 - 0945 Overview of Recommended CRA-AB Projects (CRA B.D.)
0945 - 1015 Bayshore Project Discussion & Ranking (Board)
1015 - 1045 Gateway Project Discussion & Ranking (Board)
1045 - 1050 BREAK
1050 - 1110 FY2006 Budget Presentation & Discussion (CRA B.D.)
1110 - 1125 Presentation & Discussion of Ranking Results (CRA B.D.)
1125 - 1130 Chairman's Closing Remarks
THE BAYSHORE/GATEWAY TRLANGLE REDEVELOPMENT AREA
2408 LINWOOD AVE. SUITE 7.UNIT 11 Nl\PLES, FL 34112
PHONE 239.643,1115 FACSIMILE 239.775,4456
16112C 1 0
TIlE BAYSHORn/GATEWAY TRiANGLE REDEVELOPMENT AREA
OMMlJNITY
EDEVELOPMENT
GENey
24011 Lt~..o()o _\VE St,ITE II "'.~PLl':s, Vi. }4112 PIlO^,E Z}').b4Llll.i l'.~~ 23'1.77;,-14';(,
BAYSHORElGATEWA Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
MINUTES OF THE APRIL 26, 2005 ANNUAL WORKSHOP
The workshop of the Bayshore/Gateway Triangle local Redevelopment Advisory Board was called to order
at 7:55 am at the Inn on Fifth, 699 Fifth Ave S, Naples Florida_
1. Roll Call-Present: Advisory Board Members: Chainnan Bill Neal, Karen Beatty, Ron Fowle, Rod
Gamer, Chuck Gunther, Phi! McCabe, Bill Mears and Mike Valentine.
CRA Staff Present: David Jackson and Tammy Williams
Countv Staff: Patrick. White, Assistant County Attorney
Public Guests: Barb Garner, Victor Brittain, Tom Finn and Fillip Mastrocola
2_ Mr. David Jackson called the meeting to order at 7:55 and introduced himself and turned the floor
over to Mr. Bill NeaL
3. Mr. Neal gave a brief ovelView on what the meeting covered, stating that this was just a workshop
to discuss the goals, budget and projects and no voting will be taking place.
4. Mr. Jackson gave a brief presentation on what a CRA is, how it is funded and how it operates.
5. Mr. Jackson presented the CRA-AB with Tenets and samples of a Mission Statenlent for the board
to review and to revise to fit the AS objectives.
6. Mr. Jackson presented the AS with a list of current projects that are in the works for the area,
7. Mr. Jackson gave the board an overview of recommended projects for FY 2006, as well as long
term.
a. The AS was given ranking sheets to put these in order of priority and importance.
b. Results of the ranking sheets are attached.
8. Mr. Jackson presented the AS with a recommended budget for FY2006 to be looked at and voted at
the May 3'd meeting.
9. Me Neal closed the meeting, remarking that Me Jackson has already brought the AS a long way
with good leadership. Stating that the AB now has a map and charge and it is up to the AS keep
things moving.
10. The workshop was adjourned at 11:30am.
16112C 10
Results from
Ranking Sheets
Bayshore TOTAL SHORT LONG FiNAL
Neigbborhhood PRIORITY TERM TERM RECOMMEND
Stormwater
Housing Rehabilitation Plan
Mixed Use Power Center - Artist Village
Residential Oemonstration Projects
Streetscape Extensions 3
ScheduieIFund Neighborhood Visioning Projects 2
Farmer's Market 43 4 2
Create Destinations 1 2
Road Plans 10 1 0
Dredging 10 1 0
Raise the Bayshore Bridge ._-~
0 1
Walkway to Sugden 1 0
'__~___'_'_'_"'______U___
Beautification of De/Is 0
Asphalt Road at Southern end of Bayshore
COMMERCIAL
Site Location Feasibility Study - Pocket Garages 1
Apply For Cultural Facilities Grants - Acquisition 5
Apply For Cultural Arts Action Plan - National 5
Farmer's Market 3
Artist Village I Art Center I Museum 3
Complete Zoning Overlays 41 3
Land J Property Acquisition 41 3
Sayshore - Artist Village Zone 41 2
Build Public-Private Partnerships (Land Owners) 0
Parking Garage(s) 39 0
Entertainment Center - Artist CO-OP 39 2
Determine Site Development Locations 38 2
Solicit Developers RFQ/RFP Process 1
Determine Urban Infill ProjectsJLocations 30 0
Cultural Arts 1
Create Destinations 21 0
Parlcs 10 0
Raising Height of Bayshore Bridge 10 0
PublicIPrivate Worlcing Capitol Financing 1
16'12C 10
GATEWAY TOTAL SHORT LONG FINAL
NEIGHBORHOOD PRIORITY TERM TERM RECOMMEND
SchedulelFund Neighborhood Visioning ProjectsL 72 13-12: i
I ~-'_.-._-------~..-....,.~-._--_.._..~- ~"'-"---_."'-----"'---'-1--_.~'_.'-" .__..._~_...;
Housing Rehabilitation Plan i 58 : 4 i 1: !
...._-_._~--~-~-_.- ~r-'~--'~---'-'------'-~---~"',-~---___~,_,,_,___.__~_______:
Residential Demonstration Projects i 57 : 2 i 3! t
Mixed Use Power Center I Town Center r-56----,----1----T-'4-----:---.----'---:
r-----.-----.---.-...+-...-----...---..---!----- . ... -'
Streetscape Extensions ; 49 i 2 i' 3-'-'--'! ---------..-- !
,--------..,.------"-----1""--- -..---""'.---------------."C
Create Destinations i 41 ; 0 i 2' ·
~.-._--~.-.-~---..--'-....-..,----._-.~-~.--T..--~...~."....-....~,,- _.._-.~". ,~_,..~._,_n'_,"", ~ . ,.-.;
Residentiallnfill Projects ! 40 : 3 : 1: i
,----~,._~t~-.-.~~~--._--.----.--.;..-.-._-------.~
Farmers Market ' 38 : 1 ; 3! i
t--- ----....--+-,..--.--.-----.---..."'------_"..._. -.__.-_,....,
Road Specification Plan ! 10 : 1 i 0 i !
Road Right of Way i-1o-T--1---i----;6-"-r------~
I---._..~__~__"~"-____ _._______,..l-___.______.________.~.__~__.;
COMMERCIAL
Gateway Stonnwater Study
Shadowlawn. Commercial, Unwoocl
CRA Land Acquisition
Gateway First Draft
Comprehensive Plan - C4IC5 Zoning Changes
Detennine Site Development Locations
Site Location Feasibility Study
Design tnto Public Water Amenity
Gateway - Triangle
Pocket Garages (CDBG Funds)
Solicit Developers RFQlRFP Process
Stonnwater (1-3-5-Year Plans)
Land! Property Acquisition
Complete Zoning Overlays
Build Public-Private Partnerships (Land Owners)
Streetscape Extensions
Parking Garage(s)
Determine Urban infill Projects/Locations
Addressing maintaining C41C5
PubJic/Private Working Capitol Financing
75 5 3
70 4 3
64 5 1
63 6 0
61 5 0 ,
60 4 0 :
59 2 2 :
-- "-"".
59 1 4
4 1
54 1 2
53 4 A
,
2 2
1
16112C 10
Overall TOTAL SHORT LONG FINAL
GENERAL (BOTH COMMERCIAL & RESIDENTIAL) PRIORITY TERM TERM ,~ECOMMEt!.Q,
~_~~~me!.cial & _~eSidentia!_______________d_______L__7j:=--T-=~~_=-:.-. 1 : . . .~
Build Public-Private Partnerships (Financiallnstitutions)j 69 i 4 ! ----1--.--1-.----.--..---;
--.- . -r-.-.-~.----+--._-.~.,-...~--_____~.____~._._._ _~'.
Creation of Sub-Committees : 68 : 3 ! 2. :
--~-~- ._-_._----------~- ~-+------~- ---------_..~._._-_._-,
!:.1.<!!!_!~LStaff /_~rsonnelincrease (Budget). -------~--t.... _64 --'---_..1....._._;__J____ _________...
Stand Alone Office Capabilities ; 62 : 2 : 2. .
-- --- ---'--. ..--.------..--..-.----.------------ . -- ..-.--.--'----~.----r- ..~..--------(.-'_..--_.---."..-i--_-----.--.--,--.:....-.------..__..,__:
Gateway Signage - Statement Signs 60 i 2 : 2; .
--- -. ---- +.-.- --~'---'-. -----.--t-.-.--.___--.---__~_".~__~__..- __._~__~___
Community Directional Signage Master Plan . i. 60 ' 1 . 3 .
~_~~<immmi~j &_ Residef.1!!~I..____,,-~~:.~===~_.:~~.-_=_~~=_1-~-~1-- . _:___.~~__.... '-~~~~=_=====_=:==_
Signage . 50 · 2 . 1, .
----~_.-~~---------""-~~.-._-----.~- ----'-~-----~------_. ,. ~_._-_._-----_. -~-------r--~.--'__"____..._._._____.~_.,..-~---.---_,_____....
Strengthen Role Of eRA-AS ! 45 : 2 ' 1; .
---_.._--~-----_.. ~.. ._------~-_._._---_..~ -_.,--------~._- -_.-_..--._--~-----~._,...,---_._-----~_.._----_._---
~blish Low-lnterest Revoivi'!.~oal'!E~!..-.._.__ ..__.__._______44 __,______?___~__._._1._~_ ,._~___'
-Pedestrian & Vehicu~!r____.____._ _ ......--------.-.--.-----J--.~-~-_..1---__;____L_~____ ..._,
Blighted Buil~!l..~~ocu~___________ _.____.___ __ -----L.-__~.:L.._~_!_.____._L.__. 1
16112C 10
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE 11 :'>IAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456
BAYSHORE/GA TEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
MINUTES OF THE MAY 2, 2005 COMMUNITY MEETING
The community meeting of the Bayshore/Gateway Triangle Local Redevelopment Advisory Board was
called to order at 6:04 pm at the Tree of Life Church at 2132 B Shadowlawn Dr., Naples FL
Public Representatives in attendance: Margaret Bishop and Dereck Moortey, Transportation/Stormwater
Management; Commissioner Donna Fiala, Bill Neal, Chairman CRA-Advisory Board; David Jackson, CRA
Executive Director; Tammy Williams, CRA Staff
1. Introduction by Mr. David Jackson, Executive Director for the CRA: Mr. Jackson introduced himself and
welcomed everyone to the meeting, and then turned the meeting over to Margaret Bishop.
2. Margaret Bishop, Project Manager - Haldeman Creek Dredging Project, gave a presentation outlining
the dredging project. It included the County Staff, contractors, the map of the dredging project and an
update on what stage the project is in. The project has all of the local permits and is waiting on state
and federal permits. Until these permits are obtained there is no way to project a start date.
3, Questions: A question and answer period followed the presentation. The following were the major
issues: depth and width of the dredging, start and stop points, dump trucks going in and out of the
residential area, how long before dredging is required again, is there a maintenance dredging in the
permit, silt filling the canals from stormwater outfalls, when will the project begin and how long will it take
to complete.
4. Mr. Jackson agreed with the attendees that a future meeting with the County's engineering firm (PBS&J)
will be required to get answers to the specific questions above. He stated that he will arrange a future
meeting and also research the above questions and send e-mail updates to those who leave their
addresses,
5. Adjournment: The meeting adjourned at 6:45 pm.
16 112C 10
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT AGENCY
2408 Llr-iWOOD AVE SUITE II NAPLES, iiI. 34112 PHONE 239,643,111.> FAX 239.775.4456
BA YSHORE/GA TEWAY TRIANGLE COMMUNITY REDEVELOPMENT ADVISORY BOARD
MINUTES OF THE MAY 3, 2005 MEETING
The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was
called to order at 6:02 p.m. at the Bayshore/Gateway Triangle Redevelopment Area Office,
Conference Room.
1. Roll Call-Present: Advisory Board Members: Ronald Fowle, Rod Gamer, Chuck Gunther, Phil
McCabe, William Mears and Bill Neal. Michael Valentine arrived at 6:10. Karen Beatty was
not present, excused absence, One Vacancy
CRA Staff Present: David Jackson, Executive Director; Tammy Williams, Office Staff
Public Officials Present: Commissioner Donna Fiala
Collier County Staff Present: Patrick White, Assistant County Attorney
Public Guest: John Pallis, Debra Travis, Barb Gamer, Bob Taylor, Filippo Mastrocola, Steve
Main, Michael Tirpak,
2. Adoption of Aaenda: Agenda with additions Adopted 7-0
3. Minutes from April 4/April 5 Public Workshops, April 12 CRA-AB Meetina and April 26 Goals
Workshop: Minutes approved as presented.
4. Director's Report:
a. CRA/CRA-AB Inter-Local agreement: The motion was made by Mike Valentine with a
2nd from Ron Fowle to recommend accepting the agreement. Motion passed 5-2,
opposed by Bill Neal and Bill Mears.
b. Bayshore Citgo Signage: Chuck Gunther made the motion to authorize the Chairman
to sign a letter to the appropriate County Department requesting the CITGO pole sign
remain until overlay language is changed, 2nd was made by Rod Gamer. Motion
passed 7-0.
c. Sheehan Site Grant Dispute: Bill Mears made the motion to pay Ms. Sheehan for
50% of landscaping only.
i. Sheehan Dispute #2: Rod Gamer made the motion to pay Ms. Sheehan for
work completed. with the stipulation that all required receipts, canceled
checks and documents are turned in, 2nd was made by Phil McCabe. Motion
passed 7-0.
d. Unauthorized Letter to Bayshore Residents: Mike Valentine made the motion for the
AB Chairman to sign and mail a letter response to the residents, 2nd was made by
CRA-
Rod
Garner, motion passed 7-0.
e. Haldeman Creek Dredging: Another meeting is needed with the engineers that are
doing the plans for the project so that they may answer some of the more technical
concerns.
f. Cirrus Pointe: Concerns were voiced about using a density bonus at this location
making traffic a major issue. It was decided to discuss this with HDR in regards to
the overlay.
5. Old Business:
a. CRA-AB Appointment Recommendations:
i. Tamiami Trail Business Owner: Ron Fowle
ii. Davis Hwy Business Owner: Mike Valentine
iii. MSTU Member: Bill Neal
iv. At Large Member: Phil McCabe
v. Bayshore Business Owner: Steve Main
16112CIO
b. Review of Site Improvement Grants: The motion was made by Mike Valentine to alter
the
moratorium to allow the 6 grants that are already in the process to proceed and that
the
retro payment will not apply to these grants provided that they meet all legal
requirements
Director,
and the application has been approved by the County Attorney and the Executive
Phil McCabe 2nd. Motion passed 7-0.
c. Bayshore/Gateway Triangle Proposal Ovenay Workshop: To be on May 19, 2005 at
3:00, the location to be announced.
d. Sugden Park Boardwalk: Phil McCabe gave an update on the progress of the project
6. New Business:
a. Approval of Annual Work Program FY2006: Mike Valentine made the motion to
approve funding for and task the Director to compile the Annual Program of Work into
a professionally bound document for delivery to the CRA Board at the May 11th joint
workshop, budget not to exceed $1000.00, 2nd by Phil McCabe. Motion passed 7-0
b. Approval of Proposed Budget FY2006: Bill Mears made the motion to approve the
budget and authorize the Chainnan to present it the CRA Board and authorize the
Director to liaison with the appropriate governmental agencies as needed, 2nd by Phil
McCabe. Motion passed 7-0
7. Citizen Comments:
a. Filippo Mastrocola made the suggestion that if there is discussion about a specific
property that that person should be notified so that they may attend.
b, Mike Tirpak asked questions for clarification on the C4/C5 email that was generated.
8. Adiournment: The meeting was adjourned at 8:40 pm. The next meeting will be on June 7,
2005.
eRA Board
Commissioner
James N. Coletta
Commissioner
Fred W, Coyle
Commissioner
Donna Fiala
Commissioner
Frank Halas
Commissioner
Tom Henning
Advisorv
Board
Bill Neal
Chairman
Karen Beatty
Ron Fowle
Rod Garner
Chuck Gunther
Phil McCabe
William Mears
Mike Valentine
eRA Staff
)avid L. Jackson
Executive
Director
Tammy Williams
16112CIO
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643,1115 FAX 239.775.4456
AGENDA
eRA Board and Local Advisory Board
May 11, 2005
OPENING REMARKS
ADVISORY BOARD CHAIRMAN NEAL
CRA BOARD CHAIRPERSON FIALA
OLD BUSINESS
· BAYSHORElGATEWAY UPDATE - DAVID JACKSON
o REVISION OF SITE IMPROVEMENT GRANT PROGRAM
o DAVIS BLVD BEAUTIFICATION
o DAVIS BLVD LIGHTING GRANT
o CDBG SIDEWALK GRANT - SHADOWLAWN
· SEWER LINE ISSUE
o GATEWAY STORMWA TER PROJECT
· LAND ACQUISITION
o FOLLOW-ON STREETSCAPE PROGRAM
o CONSULTING CONTRACT
· GATEWAY OVERLAY
· BA YSHORE OVERLAY
NEW BUSINESS
· BUILDING PARTNERSHIPS -DAVID JACKSON
o MSTU I CITY OF NAPLES I COMMUNITY I FINANCIAL ORGS
o RESIDENTIAL STREETSCAPE DEMONSTRATION PROJECTS
o PRIVATE SECTOR DEVELOPMENT
· ADVISORY BOARD ANNUAL GOALS - DAVID JACKSON
· CRA FY2006 BUDGET (PROPOSED) - DAVID JACKSON
· AFFORDABLE HOUSING - BILL NEAL
· CRA ORGANIZATION - BILL NEAL
ADJOURN
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
2408 LINWOOD AVE, SUITE 7.UNlT 11 NAPLES, FL 34112
PHONE 239.643.1115 FACSIMILE 239,775.4456
16112C 10
TRANSCRIPT OF THE MEETING OF THE CRA - BA YSHORE/GA TEW A Y CRA WORKSHOP
Naples, Florida, May II, 2005
LET IT BE REMEMBERED, that the CRA - Bayshore/Gateway CRA Workshop in and for the
County of Collier, having conducted business herein, met on this date at 2:30 P.M. in WORKSHOP
SESSION in Building <OF" of the Government Complex, East Naples, Florida with the following
members present:
CHAIRMAN: Commissioner Donna Fiala, CRA
Commissioner James Coletta
Commissioner Frank Halas
Commissioner Tom Henning
Commissioner Fred Coyle (absent)
CHAIRMAN: Bill Neal, Advisory Board
David Jackson, Executive Director
Ron Gamer
Chuck Gunther
Phil McCabe
William Mears
ALSO PRESENT: Jim Mudd, County Manager
Randall Cohen, Comprehensive Planning
Patrick White, Assistant County Attorney
I. Call to Order
The meeting was called to order by Chairman Bill Neal at 2:32 P. M.
n Roll Call
Roll call was taken and a quorum established.
(Mr. McCabe arrived at 2:35)
ID. Opening Remarks
Bill Neal commented the advisory board is ready to move from study to action:
1. By presenting the first annual planning report, whose objective is to review a comprehensive plan
joining the business sector in partnership with Collier County and the Bayshore MSTU
2. By stating that hiring of a professional Executive Director has proved a positive move.
3. In noting that the CRA advisory board is at this time the BCe. He stated the advisory board is
aware of their time constraints and is committed to be responsible & reliant, promising maximum
results,
4. Introductions of advisory board members.
Chairman Donna Fiala expressed CRA Board's appreciation of teamwork and efforts put
forth and are looking forward for what is to come.
IV. Old Business:
David Jackson gave a verbal update with objectives to:
Revising site improvement grant program, rewriting entire grant to comply with all
requirements, working with county attorneys and LDC regarding Bayshore and also Gateway
Triangle.
16112CIO
o Davis Blvd. beautification -CRA will pay from their funds, bringing transportation funds into it
also
o Davis Blvd. lighting needs at both Airport and 41, funds for that by 2007
o Sidewalk grant - issues with sewer line - once resolved will facilitate CDBG grant
o Stormwater project-retention pond - attending all meetings - land acquisition - flooding issues _
participating in acquisition as partnerships
o Streetscape-do all landscape, lighting, trees, swales, parking etc. when pipes & asphalt laid so all
done at once
o Consulting contract with HDR INC. of Jacksonville, who built approved overlay for Bayshore &
will also build overlay for Gateway. Mixed use program and architectural controls to mirror that of
Bayshore with LDC and BCC approvals
V. New Business:
David Jackson spoke on the importance of communications with the residential, retail and
business community by various means, citing:
o CRA's creation of a large data base for weekly mailings and e-mails
o Working with the County Manager; attending meetings with county departments and employees in
the different areas of concern, to learn what they require with timeframes and criteria,
o Partnering with the business community, MSTU, the city of Naples and financial organizations,
o Looking to leverage CRA funds with funds ofMSTU, DOT, grants and County.
o Taking some funds for streetscapes in neighborhoods in East Naples & 41 areas
o Showing that private sector development has positive interest in area that CRA has promoted in the
last 5 years. Investors with money, programs and ideas are fixing up, upgrading & investing in
area because they believe in area.
(HANDOUT) Annual Goals-Mission Statement-Summary items.
David Jackson covered items in the handout, which included tables and graphs showing
priorities, funding, short & long-term goals, effects of taxes and a proposed budget with a 5 year
timetable. Questions & answers followed.
VI. CRA Board Comments:
Commissioner Tom Henning asked about Bayshore/Gateway Master Plan and zoning & use
issues. His questions concerned budget items and what, if any, uses would be removed in a
revised LDC plan. Bill Neal responded that the Master Plan is in the works.
Patrick White, Assistant County Attorney explained that no changes proposed in this round
of LDC amendments. May change in future. BCC has ultimate say. Owners will have option
to remain same or implement overlay provisions.
David Jackson, Executive Director commented that of all the C-4, C-5 areas in the county,
50% of them are in the Bayshore/Gateway Triangle. He stated the zoning would stay the same
with a mixed-use option if an owner or buyer wishes to change use, They will then go through
the normal re-zoning process. Redevelopment plan in itself does not include a zoning change.
Commissioner Jim Coletta brought in some points on: rights of just use that owners are
entitled to; could boundaries of overlay area be expanded; reaching a saturation point and what
16112CIO
uses of funds at that point. He requested a copy of the statistics report regarding 50% data for
C-4, C-5 areas. Mr. Jackson will get details for him.
Commissioner Frank Halas asked about capacity for mixed industrial entities. He had
questions regarding the duration of the CRA once redevelopment projects are finished and
funds are still being generated. Could CRA be extended & should it be a perpetual entity.
Commissioner Donna Fiala inquired if CRA can say no more funds needed or can use in an
expanded area.
David Jackson stated CRA is created and can be dissolved by BCe.
Patrick White, Assistant County Attorney explained that the CRA is created by Statutes to
operate within a plan. When plan is accomplished, plan is ended by the plan itself or by action
of government.
County Manager, Jim Mudd stated that the City of Naples CRA plan sunsets in 30 years,
based on their Charter,
Questions & discussion followed on different budget items.
VII. Affordable Housin2
Advisory Board Chairman Bill Neal requested that the CRA board be represented on
Affordable Housing Committee, as affordable housing needs in CRA are high, New
developments give opportunity to set aside & encourage workforce & affordable housing.
Commissioners Fiala, Coletta and Halas offered suggestions to network with police and fire
departments, hospitals, schools, & government to partner in finding funding to create buy-ins,
grants and commitments from other agencies.
Advisory Board Member Phil McCabe explained some developer's problems with providing
affordable housing such as 10%, fast tracking of permitting, deferred impact fees and bonus
density. Keeping costs down will help developers to provide this type of housing.
CRA On!anization
Advisory Board Chairman Bill Neal provided an organizational chart recommending
dissolving the advisory board and keeping the CRA Board distinct and separate from governing
body. The BCC would still appoint CRA Board and that Board will still report to BCC who
will monitor & oversee.
Discussion followed about the issue and will be further discussed at future time.
There being no further business for the good of the County, the meeting was adjourned
by the order of the Chair at 3:47 P.M.
*****
COLLIER COUNTY CRA
CRA Chairman, Commissioner Donna Fiala
16112C 10
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD ,-\VE SUITE II .'IIAPLES, FL 34112 PHONE 239.643.1115 f"AX 239.775,4456
BAYS HORE/GA TEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
MINUTES OF THE MAY 23, 2005 COMMUNITY MEETING WITH HDR
The community meeting of the Bayshore/Gateway Triangle Local Redevelopment Advisory Board and HDR
Engineering was called to order at 6:00 pm at the Tree of Life Church at 2132 B Shadowlawn Dr., Naples FI.
Public Representatives in attendance: Chuck Gunther, CRA-Advisory Board; Bill Neal, CRA-Advisory Board;
David Jackson, CRA-Executive Director
1. Introduction by Mr. David Jackson, Executive Director for the CRA: Mr. Jackson gave a 5 minute CRA-
AB update of the Overlay process and what it means for the community.
2. Mr. Ehardt gave a presentation on the overlay for the Bayshore area, using a slide show outlining the
proposed overlay and the amendments. Following there was a question and answer period. There were
no major issues and citizens made inputs to the zoning and design guidelines.
3. Adjournment: Having no more to discuss the meeting adjourned at 7:10 pm,
-------..---.......--,. -"_._~~-"""--
16'12CIO
THE BAYSHOREjGATEWAY TRIANGLE REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239,775.4456
BAYSHORE/GA TEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
MINUTES OF THE MAY 24, 2005 COMMUNITY MEETING WITH HDR
The community meeting of the Bayshore/Gateway Triangle Local Redevelopment Advisory Board and HDR
Engineering was called to order at 6:00 pm at the Tree of Life Church at 2132 B Shadowlawn Dr., Naples FL
Public Representatives in attendance: Chuck Gunther, Ronnie Fowle, and Steve Main CRA-Advisory Board;
David Jackson, CRA-Executive Director
1. Introduction by Mr. David Jackson, Executive Director for the CRA: Mr. Jackson gave a 5 minute CRA-
AB update of the Overlay process and what it means for the community.
2, Mr. Ehardt gave a presentation on the overlay for the Gateway area, using a slide show outlining the
proposed overlay and the amendments. Following there was a question and answer period. There were
citizen and business owner concerns over the possibility that zoning could change for C4/C5 land
without property owner consent. Business owners made inputs to the language in the Overlay
concerning the Mixed Use zoning to be an 'option' and that all current zoning designations would remain
as they are.
3. Adjournment: Having no more to discuss the meeting adjourned at 7:20 pm.
16112C 10
THE BAYSHOREjGATEWAY TRIANGLE REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643,1115 FAX 239,775.4456
BAYSHORE/GA TEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
Tuesday June 7,2005,6:00 p.m.
The Bayshore/Gateway Triangle Redevelopment Area Office
2408 Linwood Ave. Suite 7, Unit 11 - Conference Room
Aaenda
1 . Roll Call
a. Acceptance of Absence
2. Adoption of Agenda
3. Minutes from May 2, May 3, May 23 and May 24 meetings.
4. Presentations:
a. Bayshore Name Change - Ms Joyce Ernst
b. Bayshore Apartments Zoning Change - Mr. Boyd Malo
c, Cirrus Pointe PUD - Mr. Jim Fields
d. Haldeman Creek Art Festival- Mr. Richard Sullivan
5. Directors Report
a. HDR Inc. Payment for Services
b. CRA Web Site and Office Computer Upgrades
c. Final Budget Review
6. Old Business
a. Approval of Bayshore Overlay
b. Approval of Gateway Triangle Overlay
c. Approval Davis Blvd Landscape Bid
d. Approval of Advisory Board Mission Statement
e. Discussion Davis Blvd Lighting
f. Union Motors Landscape Quote
7. New Business
a. Election of AB Officers
b. Discussion of Triangle Streetscape Contract Proposal
c. Meeting Location Change
8. Citizen Comments
9. Adjournment
Note: All meetings are publicly noticed in the Harmon Turner Building (Administration Building). Please call the BayshorelTriangle
office at (239) 643-1115 if you have any questions about the meeting.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please contact 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,
TilE BAY SilO REI GAT E W AY T RIA N G I. ERE D lv Roll N? CR E l 0
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE II NAPLES, FL l4112 PHONE 2l9,64l.1115 FAX 2l9,775.4456
BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT ADVISORY BOARD
MINUTES OF THE June 7, 2005 MEETING
The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was
called to order at 6:00 p.m. at the Bayshore/Gateway Triangle Redevelopment Area Office,
Conference Room.
1. Roll Call-Present: Advisory Board Members: Ronald Fowle, Rod Garner, Chuck Gunther, Phil
McCabe, Karen Beatty, Steve Main, Bill Neal and Michael Valentine. William Mears arrived at
6:10.
CRA Staff Present: David Jackson, Executive Director
Public Officials Present: Commissioner Donna Fiala
Collier County Staff Present: Patrick White, Assistant County Attorney
Public Guest: Peggy Grubbs McCarty, Richard Sullivan, Barb Garner
2. Adoption of Aoenda: Agenda with additions Adopted 9-0 with no changes/additons
3. Minutes from May 2 Haldeman Creek Public Meetina. May 3 CRA-AB Meetino. May 24/25
Public Workshops: Motion to approve Valentine, Second Main. Approved as presented 9-0.
4. Presentations:
a. The Bayshore Name Change Presentation was cancelled. Joe Schmitt and Joyce
Ernst had a pre-meeting conference with Bill Neal and the discussion was postponed
until more research could be completed.
b. Ms Peggy Grubbs McCarty gave the Board a verbal presentation on a proposed
redevelopment project and rezoning to mixed use of the Bayshore Apartments
complex on Bayshore Drive. The partners have an adjacent 5-acre Neighborhood
Commercial property under contract. The project entails rezoning the entire -40
acres piece as mixed-use, designing the parcel such that the commercial/retail is
towards the center and the residential is surrounding it. The goal is to develop a true
neighborhood that is community oriented and walkable,
c. Mr. Jim Fields of Cirrus Pointe development was not in attendance.
d. Richard Sullivan gave the Board a presentation on this year's Haldeman Creek Art
Festival to be held on Thanksgiving weekend. This year the festival will not close
Bayshore Drive and will be split in two locations: Haldeman Creek Bridge and
Botanical Gardens. Mr. Sullivan said he was not requesting money this year, as he
promised last year. He is sponsoring a painted fish promotional project to raise funds.
He did ask for a letter of support from the CRA-AB to use as he follows-up on permits
for the event.
5. Director's Report:
a. Mr. Jackson began his report with a request for authorization to pay HDR. Inc. for
work completed to date on the Overlay Contract as defined in two HDR Invoices (M-
107306 for $36,790.00 and M-107308 for $25,479.00) for a total of $622,269,00.
Motion to approve by Fowle. Second by Valentine. Approved 9-0.
b. Mr. Jackson request authority to purchase a digital camera ($249) and desktop
computer ($1,269) through the County IT department contract, and also contract
Flame Productions/Internet (CRA-AB web site host/provider) to provide technical
assistance to update the CRA-AB web site. Motion to approve by Beatty. Second by
Main. Approved 9-0.
c. Mr. Jackson discussed the changes that have been made to the CRA-AB's proposed
budget since the last CRA-AB meeting. The County Appraiers numbers have come in
for June and they show an increase in taxable value for the CRA area which results
16112C 10
in and increase of $122,141.00 in TIF above what was expected based on the
January numbers. This increase more than covers the two expanded positions for the
CRA-AB (Admin Asst and Operations Analyst). There were some minor modifications
to the Operating portion of the budget as line items were adjusted to reflect
reimbursements to the County and corrected values for operating costs for the office.
Motion to forward to the County for approval by Mears. Second by Valentine.
Approved 9-0.
d. Mr. Jackson briefed the Board on an FOOT Highway Beautification Grant available
this Fall, which could be used on Davis Blvd or US41. There is up to $300,000
available in a matching FDOT Grant, and if the CRA combines its efforts with the City
of Naples and Naples CRA as they design their Four-Comers Project, there could be
$300,000 also awarded to them for their side of the road. Motion to approve
application for the FOOT Grant by Mears. Second by Valentine. Discussion by Mr,
McCabe centered on focusing some of the beautification design on Davis Blvd to
include trees, where there was room and approved by FDOT. He mentioned that this
would be a great companion project to the Davis Lighting Project. Approved 9-0.
e. Mr. Jackson briefed the Board on his promotions activity and proposal for increased
autonomy and authority to be granted by the CRA Board to the CRA-AB, By
consensus the Board directed Mr. Jackson to continue to pursue conversations with
Commissioners and the County Attorney,
6. Old Business:
a. Mr. Jackson briefed the Board on the status of the Bayshore Overlay Amendment 3
and the Initial Gateway Overlay. The consultants have entered all community
recommendations and comments, and also included corrections and additions as
recommended by the County Staff during a workshop meeting. The Overlays must be
delivered to the County by June 10 to be considered for the second cycle of the
amendment process. There will be multiple reviews and opportunities for the County
Staff and public to make recommended changes before the Commission approves it
in November 2005. Motion to deliver both Overlays to the County by Mears. Second
by Main. Approved 9-0.
b. Mr. Jackson briefed the Board on the results of the County's RFP for landscape
services for the Davis Blvd median near Brookside Drive. The bid was for
$19,083.20. Motion to approve, include a 10% contingency and make the required
budget amendment by McCabe. Second by Valentine. Approved 9-0,
c. Mr. Jackson stated that the CRA-AB had reworked the Mission Statements proposed
at the Board's Goal Session and that they should consider and approve the reworked
statement. Discussion was held on the content and motion to approve by Mears.
Second by Main. Approved 9-0.
d. Mr. Jackson presented an update on Davis Blvd Lighting Project, and informed the
Board of the estimated costs, and timeline for the project. The design contractor has
received a notice to proceed with the design, and not until it is complete will there a
better cost estimate on the CRA's portion of the project. Mr. Jackson asked for the
Board to make a formal commitment, by motion, to pay for the increased cost of the
designer light poles over the cost of standard FDOT poles. Motion to approve
Valentine with a future motion to approve the exact cost when known. Second Fowle.
Discussion by McCabe suggested that the CRA investigate options to install trees
and irrigation while the sidewalk is removed to prevent later removal and cost
savings. Mr. Gunther suggested that electrical conduit also be buried beneath the
sidewalk to facilitate future burial of power lines. Approved 9-0.
e. Mr. Jackson gave the Board an update on the bids received for the Davis/US41
intersection water feature and the Union Motors' barrier landscape design. The cost
for the Union Motors' section was backed out of the overall bid and was not
completely accurate because of the mixing of numbers, materials and labor. The
estimate was a base bid of $35,802.50 with a lighting option of $56,140 and a
sidewalk paver option for $9,900. Mr. Jackson recommended rejection of the
$440,000 water feature bid and also reconsider the Union Motor's landscape
because of the increased economic activity in the mini-triangle, and if installed it
16112CI0
might have to be removed. Motion to reject the water feature but get landscape
company quotes just to install screening plants in the 105ft section in front of Union
Motors by McCabe. Second by Fowle. Approved 9-0.
7. New Business:
a. Election of Officers: Motion to nominate Bill Neal as Chairman by Fowle. Second by
Valentine. Approved 8-0. Neal abstained. Motion to nominate Bill Mears as Vice
Chairman by Fowle. Second by Valentine. Approved 8-0. Mears abstained.
b. Mr. Jackson briefed the Board on the work completed to date on the stormwater
management survey currently under work and that the County is looking to the CRA-
AB to commit TIF Trust Funds towards streetscape work as the stormwater pipes are
installed. He described the approximate costs to install plants/trees and irrigation
along residential streets as the pipes are laid. He pointed out the Board's Goals for
FY2006 and the project funding/cost spreadsheet he filled out that showed $100-
200,000 per year could be spent installing streetscape materials each year. Motion to
approve CRA funding to install streetscape designs as the County installs stormwater
pipes, and to include burying electrical conduit for future burial of electrical lines by
Gunther. Second by Valentine. Approved 9-0.
c. Mr. Jackson informed the Board of his research on relocating the CRA-AB meetings
to the Commission Chambers (Turner Building). He has scheduled it to begin in July
and needed a motion to change location and advertise the change. Motion to change
meeting location by McCabe. Second by Fowle, Approved 9-0.
d. Bill Neal asked the Board to consider changing the July meeting date fron the first
Tuesday to the second Tuesday (July 12) to deconflict the July 4th weekend. Motion
to move the meeting date and for the Director to reschedule the Commission
Chambers if possible by Mears. Second by Valentine. Approved 9-0.
8. Citizen Comments: None.
9. Adiournment: The meeting was adjourned at 8:30 pm. The next meeting will be on July12,
2005.
THE BAYSHO""/GATEWAY TRIANGLE REDlvo..JplaCRlAQ
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUTE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775,4456
BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
Tuesday July 12,2005,6:00 p.m.
The Collier County Board of Commissioners Chambers (3rd Floor)
3301 Tamiami Trail East, Naples FL
Aaenda
1 . Roll Call
2. Adoption of Agenda
3. Minutes from June 7, 2005 meeting.
4. Presentations:
a. Patrick White. County Attorney
5, Directors Report
a. Budget Review - Update
b. Gateway Stormwater - Update
c. Overlay Review - update
d. US41/Davis Blvd Lighting & Landscape - Update
e. FDOT Beautification Grant Process
f. Consideration of Payment 10 HDR Inc. for Services
6. Old Business
a. Sugden Park Pubic Access
i. Botanical Place Easement
iL $50,000 FRDAP Grant Application
7. New Business
a. Discussion on Commissioning a Bayshore Drive Traffic & Parking Study
b. Discussion of Contracting to Design Shadowlawn Drive & Linwood Avenue
c. Discussion of Contracting to Design Lakeview Drive and Riverview Drive
d. Discussion of Mini-Triangle Redevelopment
e. Financing of TIF for Future Projects
f. Consideration of Hiring CRA Project Manager
8. Citizen Comments
9. Adjournment
Notes:
J. All meetings are publicly noticed in the W. Harmon Turner Building (Administration Building), 3301 Tamiami Trail, Naples, FL.
2. Please call the Bayshore/Triangle office at (239) 643-1115 if you have any questions about the meeting,
J. One or more County Commissioners or Planning Commissioners may attend.
.t, 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,
16112C 10
THE BAYSHOREjGATEWAY TRIANGLE REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643,1115 FAX 239.775.4456
BAYSHORElGA TEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
Tuesday July 12, 2005, 6:00 p.m.
The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was
called to order at 6:00 p.m. at the Collier County Commission Chambers, 3301 Tamiami Trail East.
L Roll Call-Present: Advisory Board Members: Ronald Fowle, Rod Garner, Chuck Gunther, Phil
McCabe, Steve Main, Bill Neal and William Mears; Excused Absence: Michael Valentine and
Karen Beatty.
CRA Staff Present: David Jackson, Executive Director
Collier County Staff Present: Patrick White, Assistant County Attorney
Public Guest: Gail Boorman, Sharon King, Jeremy English, Fil Mastrocolo, and Barb Garner
2. Adoption of Aaenda: Agenda with additions adopted 7-0 with changes/additions
~ Minutes from June 7 CRA-AB Meeting: Motion to approve Mr. Mears. Second Mr. Main.
Approved as presented 7-0.
4. Presentations:
a. Mr. Patrick White, County Attorney joined the Advisory Board at the table and
summarized recent activities within the County Attorney's Office,
5. Director's Report:
a. Mr. Jackson passed out a CRA map showing property sales color-coded by year sold
to be used by the Advisory Board as an indicator of economic activity. He also
handed out a notice about the November 2005 Haldeman Creek Fall Festival. He
summarized on-going CRA activity:
i. Budget balanced and under planned expenditures.
ii. Gateway Stormwater survey continues and a small parcel of land deeded to
the County as part of US41 widening has been added to the retention pond.
iii. US41 FOOT Highway Beautification Grant is still being worked on as Naples
CRA, County and FOOT representatives met to discuss joint application
process and procedures.
iv, Davis Blvd Lighting Grant is progressing as the County Consultant has been
given notice to proceed with engineering and survey work. The installation of
lighting should begin in the spring of 2006.
b. Mr. Jackson briefed the Board on the recent receipt of the landscape architect's
estimate to install vegetation along the 105 feet at the point where US41 and Davis
Blvd intersects at the business location of Union Motors. The cost estimate is
$17,828.50; however not factored in is approval by the County for tapping into
existing County water meterlline, agreement to pay for water used by CRA plantings
and agreement to cover the costs of maintenance of the vegetation. Mr. Jackson
recommended that if the CRA-AB wanted to approve the project, that up to $20,000
in CRA TIF Trust Funds and appropriate budget amendment be approved to pay for
the installation, and authorize him to discuss water and maintenance with the County
Manager. Motion by Mr. McCabe to approve $20,000 and budget amendment and
Executive Director to get an agreement from the County. Second by Mr. Mears. A
round table discussion began with Mr. Garner and Mr. Gunther expressing
disagreement with installing screening vegetation in front of the Union Motors
business. They thought the project singled out the business, was selective screening
of the business and was unfair and waste of TIF funds. Mr. McCabe felt that it was a
beautification project at the western entrance to the CRA, that it was a small amount
of money and he did not feel that the business was being or singled out. He also
stated that it was a very ugly corner because of the cars parked on the sidewalk and
16112C 10
on county right-of-way. Mr. Neal said that it was nothing more than a beautification
and was a good location to make a statement As with other items on the agenda,
there will be more beautification and possible some screening in an effort to beautify,
and the CRA-AB will have to deal with that too. Mr. Mears added that he felt it was a
part of the CRA's goal to create visual affects and was part of what the CRA's job
was and that the CRA was not talking about taking anyone's property. He felt that the
discussion was about two completely separate issues and that the topic today was
about beautification. Mr. Fowle gave a short history of the Union Motors activity to
relocate and that his efforts have either slowed or stopped. Approved 5-2 with Mr.
Gunther and Mr. Gamer opposed.
c. Mr. Jackson requested authorization to pay HDR, Inc. for work completed to date on
the Overlay Contract as defined in HDR Invoice M-11 0266 for $57,537.50. Motion to
approve by Mr, McCabe. Second by Mr. Fowle. Approved 7-0.
6. Old Business:
a. Mr. Jackson briefed the Board on the status of the Sugden Park public access project
on the Botanical Place property. The owner-developer, Phil McCabe, has offered a
10 foot easement for the walkway (concrete sidewalk or elevated boardwalk) and a
four-way participation between the CRA, MSTU, County and owner. He
recommended consideration of the boardwalk in lieu ofthe concrete, as it could
possibly make the project eligible for a Department of Environmental Permitting
(DEP) Florida Recreational Development Assistance Grant (FRDAP) grant Mr.
Jackson recommended consideration of the elevated boardwalk and application for
the FRDAP grant to defray the cost of the construction. Motion by Mr. Mears,
Second by Mr. Main. Discussion detailed the reason for the change and how much
maintenance there would be on the boardwalk material. Mr, McCabe told how he was
working to help stormwater flow from Jeepers Drive that would flow under or by the
boardwalk. Approved 6-0. Mr. McCabe abstained because of his personal
involvement in the project.
7. New Business:
a. Mr. Jackson briefed the Board on his proposal to conduct a Bayshore Drive Corridor
and Parking Study. He outlined some references in the CRA Master Plan to road
configuration on Bayshore Drive and concerns he has heard from residents about
traffic, loss of landscaped medians, traffic lights, widening of Bayshore south of
Thomasson drive and parking for business, Mr. Jackson recommended the CRA-AB
consider commissioning a corridor and parking study. Motion to approve underwriting
a study by Mr. Mears. Second by Mr. McCabe. Approved 7-0.
b. Mr. Jackson briefed the Board on proposed streetscaping of Shadowlawn Drive and
a small section of Linwood Avenue to beautify, solve stormwater concerns and install
traffic calming devices. He requested consideration of the CRA publishing an RFP to
design the streetscape plan and for him to coordinate with County Transportation.
Motion by Mr. Mears for the Director to coordinate with the County Transportation to
develop an RFP to design Shadowlawn and residential section of Linwood Avenue
and return with results and estimated process and cost Second by Mr. McCabe.
Discussion centered on what the process would be, and Mr. Fowle pointed out that
the sewer line down Linwood would have to addresses as well as recovering the lost
CDBG Grant for that relocation. Approved 7-0.
c. Mr. Jackson briefed the Board on a proposed streetscaping project of Lakeview and
Riverview Drives. He described the future wear and tear on Lakeview Drive for the
Haldeman Creek dredging spoil site and the Windstar residential development
addition at the end of that street He discussed his conversations with the Windstar
developer and future developer of the Gulf Shores Marina facility to participate in the
rehabilitation and streetscaping of these project streets. The potential 4-way
partnership is between the CRA, MSTU and the two developers. The County would
also have to be active participants because of the activity in the rights-of way. Mr.
Jackson requested consideration of the CRA publishing an RFP to design the
streetscape plan and for him to coordinate with County Transportation. Motion by Mr.
16112C 10
Main for the Director to coordinate with the County Transportation to develop an RFP
to design Lakeview and Riverview Drives, coordinate with the developers and County
Transportation and return with results and estimated process and cost. Second by
Mr. Mears. Approved 7-0,
d. Mr. Jackson informed the Board that economic activity continues in the Gateway
mini-triangle area and the Board should discuss establishing a course of action
concerning the redevelopment of that area. He asked the Board to discuss whether
the CRA would be a player in redevelopment as a catalyst or just let market forces
take over and provide direction to the Director. Roundtable discussion ensued about
what the Advisory Board's options are. They discussed what properties might be up
for sale, and the Board's consensus was to re-open discussion with local property
owners and get a feel of their desires. Mr. Neal asked the Director to talk to the mini-
triangle owners and see if he can arrange a CRA-AB and owner workshop within 90
days of this meeting.
e. Mr. Jackson briefed the Board on past discussion on creative TIF financing options
and possible bonding. He pointed out several financial institution brochures in their
notebooks and asked the Board for some guidelines on leveraging TIF Trust Funds.
The Board recommended more research and consider all the financial institutions in
the area.
f. Mr. Jackson asked the Board to consider recommending to the CRA Board to
advertise to fill the CRA Project Manager position by October 2005 to assist in
managing the projects that are going to come on line. Mr. Fowle asked to have the
proposed job description sent out again. The Board agreed to take the new hire to
the CRA Board.
8. Citizen Comments:
a. Ms Sharon King spoke on several topics that were covered during the meeting:
Public input during each motion; think about what's good for the public concerning
Union Motors project; the Site Improvement Grant should remain active; residential
streetscape projects in Bayshore area should consider other streets; Bayshore Drive
study is redundant to the 1999 study; the Sugden Park boardwalk will eliminate the
ability to skate to the park.
b. Ms Gail Boorman added that she is owner of a landscape architect company and
applauded the work the Advisory Board was doing. She stated that it is very difficult
to do redevelopment work with the County's existing codes that are geared for new
construction on leveled sites. In the mini-triangle area, inadequate infrastructure is
and will be the largest drawback to the mini-triangle area redeveloping.
9. Adiournment: The meeting was adjourned at 8:00 pm. The next meeting will be on August 2,
2005.
16112C 10
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239,775.4456
BAYS HORE/GA TEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD
Tuesday August 2, 2005, 6:00 p.m.
The Collier County Board of Commissioners Chambers (3rd Floor)
3301 Tamiami Trail East, Naples FL
Aaenda
1 . Roll Call
2. Adoption of Agenda
3. Minutes from July 12, 2005 meeting.
4. Presentations:
a. Limestone Road Paving MSTU - Nancy Neal
b, CRA County Attorney - Patrick White
c. Airport Road Development - Dan Pioli
5. Directors Report
a, Linwood Commons Lease
b. Trapper Marine (Davis Blvd) Fence & Landscape Proposal
c. CRA Correspondence
i. Johnson & McGowan, PA
ii. Tom & Cathy Briscoe
d. Budget Review - Update
e. Haldeman Creek Dredging - Update
f. Overlay Review - Update
g. Corridor Study / Streetscape Proposals - Update
h, US41/Davis Blvd Landscape Water & Maintenance - Update
I. Davis Blvd Lighting Project - Update
6. Old Business
a. Sugden Park Pubic Access Update - McCabe/Jackson
b. Linwood Ave Sewer Line - Fowle/Jackson
7. New Business
a. Landscape Project NW Corner of Airport & Davis Blvd - Fowle
b. Proposed Joint CRA & CRA-AB Meeting September 8, 2005 - Neal
8. Citizen Comments
9. Adjournment
Notes:
I.
2.
3.
..
All meetings are publicly noticed in the W, Harmon Turner Building (Administration Building), 3301 Tamiami Trail, Naples, FL
Please call the BayshorelTriangle office at (239) 643-1115 if you have any questions about the meeting,
One or more County Commissioners or Planning Commissioners may attend,
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,
16112C10
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
COMMUNITY REDEVELOPMENT AGENCY
2408 LINWOOD "-\VE SUITE 11 N.\PI.ES, 1'1. 34112 PHOf'E 239,643.1115 FAX 239.775,4456
BAYSHORE/GA TEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD
MINUTES OF THE AUGUST 2, 2005 MEETING
The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was
called to order at 6:00 p.m. at the Collier County Commission Chambers, 3301 Tamiami Trail East.
1. Roll Call-Present: Advisory Board Members: Ronald Fowle, Chuck Gunther, Phil McCabe,
Karen Beatty, Steve Main, Bill Neal and Michael Valentine. Excused Absence: Rod Gamer,
William Mears.
CRA Staff Present: David Jackson, Executive Director
Collier County Staff Present: Patrick White and Ma~orie Student, Assistant County Attorneys.
Public Guest: Matt Joyner (Architect), Jennifer Brannock (Naples Daily News), Frank
Rodriguez (5th/3rd Bank), Chris and Nancy Neal, Charlie and June McCauley, Don and Mary
Bullock, Daniel Pioli, Charlie Depke, Johann W. Marti.
2. Adoption of AQenda: Agenda with additions adopted 7-0 with changes/additions
3. Minutes from Julv 12'h CRA-AB MeetinQ: Motion to approve Mr. Fowle. Second Mr. Main.
Approved as presented 7-0.
4. Presentations:
a. Ms Diane Flagg, Director Alternative Transportation Modes for Collier County, gave a
short presentation on the definitions of the MSTU (Municipal SeNices Taxing Unit)
and MSBU (Municipal SeNices Benefit Unit) for community supported projects and
what each program means to the people within the taxing district. She also gave a
few options on the length of term for the programs, and where up-front money can
come from if the project being financed is to be completed before all the money is
collected. Ms Flagg's presentation was followed by Ms Nancy Neal, a resident on
Woodside Avenue - a privately owned residential limestone street, related to the
Board some of her efforts to contact local residents to unify to get their streets paved.
She asked the Board if they were wilting to pro actively support the residents' efforts if
they could unify. Mr McCabe asked what the estimated cost per resident would be,
and if that had been calculated. Ms Flagg said the cost to pave a road was $350,000
per mile two years ago and today's cost would have to be researched. She also said
it would depend on which taxing program was selected: MSTU or MSBU. Mr,
Valentine asked how the land would be assessed once the roads were paved.
Chairman Neal said he was not related to Nancy Neal, and explained the hard work
that got the Bayshore MSTU created and that she could expect Advisory Board
support if the citizens were willing to do all the legwork for their community.
b. Mr. Patrick White, County Attorney introduced Ms Marjorie Student a County
Assistant Attorney was introduced as his successor in CRA legal matters. He took a
few moment to express his farewell and his thanks for the working relationship he
had with the Board. Chairman Neal passed his personal thank you for his seNice and
felt that the rest of the Board felt the same. Ms Student expressed her pleasure to
become a part of the Board's redevelopment process, and will enjoy working with the
members.
c. Mr. Dan Pioli gave a two part presentation on redevelopment in the CRA. First he
detailed a prospective commercial redevelopment project on Airport-Pulling Road. He
proposed assembling several lots, demolishing existing structures and building a
5300 square foot Class 'A' office building. He showed a site plan on the location and
discussed some of the challenges he has meeting code for parking, landscaping and
stormwater and still build a large enough building to get a return on investment based
on construction and land costs. Mr. Valentine asked about stormwater waivers and
the affect on the neighborhood if he created more impeNious surface but did not
16 112Cl0
contain the runoff. Mr. McCabe was concerned about parking waivers and other
deviations of code to help the developer buy the land. Mr. Valentine followed with a
question about height, three or four stories and the proximity to the residential
parcels. Mr, Pioli responded to each question and exchanged thoughts and
considerations on possible neighborhood impacts and the feasibility of completing
the project Mr. Pioli also offered the Board his thoughts on the proposed CRA
Overlays that are being considered in the Land Development Code revision cycle. He
asked the Board to consider inserting language that would allow minor deviations
from existing Collier County Code that would be an incentive for redevelopment of
existing sites that are blighted. He cited allowing parking requirements be changed to
1 per 300 or 1 per 400 vice the current code of 1 per 250, decrease setback
requirements for small parcels and lastly consider establishing a Gateway Water
Utility to direct, collect and treat stormwater in the Triangle area vice retaining ponds
on every parcel, thus freeing up developable land.
5. Director's Reoort:
a. Mr. Jackson summarized on-going CRA activity and projects that are in work:
i. The new owner of the office building that the CRA-AB office rents is
exercising the rental contract's 5% increase option, raising the monthly rent
from $975 to $1,023.75.
ii. The business Trapper Custom Marine of David Blvd will be coming to the
Board in September to ask for support in permitting the removal and
replacement of a chain link fence with a wrought iron type fence, irrigation
and landscaping in front of their business.
iii. The CRA-AB received two pieces of formal correspondence: Letter from
Johnson & McGowan, P.A., and Tom and Cathy Briscoe.
iv. The FY2005 Budget is balanced, and there are three budget amendments
pending with the CRA Board: $20,000 Davis median landscape, $20,000
US41 & Davis intersection landscape, and $3000 for computer upgrade
purchase.
v. Haldeman Creek permitting is still on schedule for approval this fall.
vi. Both CRA Overlays are in the Land Development Code review process. The
CRA-AB should plan on discussing this process and the overlays with the
CRA Board.
vii. Collier Transportation had a meeting with CRA Director and discussed a co-
sponsored corridor access management study for multiple roads and streets
in the CRA area, Transportation will take the lead on the project
viii. The County Manger met with the Director and agreed to allow the CRA
landscape project at US41 & Davis Blvd to connect to the County's water
meter, use water and include the hedge maintenance in with the County's
plan. The liaison will be Ms Diane Flagg who will assist in the coordination of
the project and the pro-rata cost to the CRA for the water and maintenance.
ix, The Davis Blvd lighting project is still in the survey and engineering phase.
The project is still on track to start in the spring of 2006.
6. Old Business:
a. Mr. Jackson and Mr. McCabe gave a summary of the status of the Sugden Park
public access project on the Botanical Place property. They discussed the successful
meetings they had with Parks and Recreation and County engineer and stormwater
representatives. The next step is to meet with the assigned PUD Planner and
investigate whether a PUD Amendment or variation is the correct approach. The cost
of the wooden boardwalk was too great to go continue with that design so the team is
looking at an eight foot asphalt walkway or even some porous material that will
lessen the impact of the stormwater quality issues.
2
b. Mr. Fowle pointed out to the Board that they had ~st~on tp~f t? L~oJ 0
Avenue eight inch force sewer main that serves the County Complex and
Shadowlawn Elementary School. Coordination will be required to keep that project in
motion. Mr. Fowle asked Mr. Jackson to talk about the results of his meeting with the
County Manager. Mr. Jackson stated that the County Manager was staying focused
on the line, in that he has had discussions with the City of Naples about
disconnecting and abandoning the line. He said that the County was going to pay the
sewer impact fees and hook up the County Complex and the new County Jail. He
also said he would be liaison with the School Board Superintendent about getting the
school off the system and hooking into the County system.
7. New Business:
a. Mr. Fowle pointed out the chain link fence around the Sprint business building on
Davis Blvd. He related how there were people working on getting the company to
clean up that corner and replace the fence and/or install some screening landscape
material. A round table discussion ensued that related the history of past efforts.
They Board agreed that they should give it another try and tasked the Director to
contact Sprint and report back.
b. Mr. Jackson briefed the Board on a scheduled joint CRA-AB & CRA Board on
September 8, 2005 from 3pm to 4:30pm at the County Commission Chambers, At
that meeting, the CRA-AB will present all their proposed projects and programs for
discussion, approval and funding where applicable.
c. Mr. Neal brought up the possible conflict of the regular scheduled CRA-AB meeting
on September 6 and the Labor Day weekend. The Board discussed moving the
regular meeting back one week to September 13, but settled on making the
September 8 joint meeting the regular meeting and if needed to discuss CRA-AB
specific material after the joint session adjourns.
8. Citizen Comments: None.
9. Adiournment: The meeting was adjourned at 7:30 pm. The next meeting will be on
September 8, 2005 as part of the CRA Board and CRA-AB joint meeting.
3
16112D 1
Co~-y Count:.y
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Public Services Division
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" ",.:''(!{iiI7;;}Cners
Memo
DATE:
November 16, 2005
TO:
Sue Filson, Executive Manager to the BCC
FROM:
Kathy McLarty-Carpenter, Executive Secretary
~
SUB.JECT: Minutes for the Caribbean Gardens Blue Ribbon
Committee
Sue, attached are the minutes for the September 12 and the September 23, 2005
Caribbean Gardens Blue Ribbon Committee Meetings.
/kc
Attachments
Fiala
Halas
Henning
Coyle
Coletta
/
~
t/'
Misc. CorTes:
Date: I /10/'0 f.p
I I
Item#: I bI d t> J.})
Copies to:
161120 1
September 12,2005
TRANSCRIPT OF THE MEETING OF THE CARIBBEAN
GARDENS BLUE RIBBON COMMITTEE
Naples, Florida, September 12,2005
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 in REGULAR SESSION in Building "F"
of the Government Complex, East Naples, Florida, with the following
members present:
VICE CHAIRMAN:
Wayne D. Agnoli
Penny Taylor
Dexter Groose
Sara Jewell
David Tetzlaff
John Ribes
ABSENT:
Kathy Prosser Bovard
Clarence Tears
Beth Barth
ALSO PRESENT: Charles Carrington, Manager, Real Estate Services
Marla Ramsey, Collier County Public Services
Administrator
Andrew Dickman, Collier County Conservancy (for
Kathy Prosser Bovard)
1
161120 1
September 12, 2005
I. Call to Order
The meeting was called to order by the Vice Chairman Wayne D. Agnoli
at 10:30 AM. Roll call was taken and a quorum established.
II. Discussion and Approval of Minutes
Ms. Taylor moved to approve the minutes of August 16,2005 with
two changes:
· On page 3 under "C "what she said was that the North Naples
Rotary was very interested in the subject of the Caribbean
Gardens, not necessarily in keeping the land preserved.
· On page 4 the minutes reflect, Ms. Taylor has had preliminary
talks with the Naples Airport Authority. She has had
preliminary conversations with Mr. Soliday.
The motion was made to approve the minutes by Mr. Groose and seconded
by Ms. Jewell. Motion carried unanimously.
III. NEW BUSINESS
A. Naples Airport Authority, Ted Soliday
.
Mr. Solida~ thanked Ms. Taylor for making the corrections to the
August 161 minutes.
.
The Airport Authority tries to get the pilots to turn north and go
over the river bed to help with noise abatement.
· Mr. Soliday stated that although he has not discussed the purchase
of avigation easements with the City of Naples Airport Authority
Board of Commissioners, it may be possible that the Board would
support the purchase of avigation easements with federal funding
assistance.
2
16112D 1
September 12, 2005
i
--t
." .
. Mr. Groose asked if they are successful in getting the easement,
what that would do to the land on the east side of the Gordon
River. Mr. Soliday responded that this should not change things.
. Ms. Taylor asked Mr. Soliday what he would like to see the City
Council to do with zoning. Mr. Soliday stated he would not ask
City Council to purchase easements for the Authority.
. Mr. Tetzlaff asked if they could give quick attention to making the
north turn happen so as to stop interruptions to a show. Mr.
Soliday said that they could not control that. The problem is with
Air Traffic Control. He will get back to them and let them know
how the board feels.
B. Update on Land Acquisition (Chuck Carrington)
. The fourth appraisal was received last Thursday. The
adjusted number should be in by noon today.
. Ms. Taylor said that the Commissioners will make the
decision. The numbers will be there and tomorrow is the
day. They will have to decide ifthey are going to buy the
entire piece; figure out how they will get the financing; or
they will say they are only going to spend X amount and
sell off the rest.
. Mr. Tetzlaff asked if TPL (Trust for Public Lands) would
put a cap on what they would spend. Mr. Carrington said
they would buy it for whatever the county authorizes.
Ms. Taylor said that the price is $67,500,000.
. Ms. Taylor advised that the East Naples Civic Association
unanimously endorsed buying the parcel. The Greater
Naples Chamber of Commerce have all sent E-mails to the
Commission and so has the Alliance of Chambers as well
as the Board of Realtors.
. Ms. Taylor said we have $5,000,000 from South Florida
Water Management and possibly $2-$3,000,000 from
Conservation Collier.
. It was asked by David Morgan of Raymond James &
Associates, Inc., Pelican Bay Financial Center, when this
would affect the tax bills. Ms. Taylor advised that it would
be in November.
3
161120 1
September 12, 2005
. Mr. Groose questions if the property is really worth
$67,500,000. He does not think it is justified. He thinks
there are serious errors in their appraisal methodology.
. After much discussion, Mr. Ribes said we can talk all day
about what it is worth, but it would not make a difference.
. Ms. Taylor pointed out that Haldeman House was listed to
$16,000,000 and it was suggested that this property could
be listed for $20,000,000. The owners raised the price and
they got a buyer at that price.
IV. Old Business
None
V. Next Meeting
The next regularly scheduled meeting will be Thursday, October 13,2005 at
10:00 AM. The location is to be announced.
There being no further business for the good of the County, the meeting was
adjourned by order of the Vice Chairman at 11 :40 AM.
Collier County Caribbean Gar
ue Ribbon Committee
"
.---------
4
16 Llm?. Q3.201
TRANSCRIPT OF THE MEETING OF THE CARIBBEAN
GARDENS BLUE RIBBON COMMITTEE
Naples, Florida, September 23,2005
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 in REGULAR SESSION in Building "H"
of the Government Complex, Naples, Florida, with the following members
present:
VICE CHAIRMAN: Wayne Agnoli
Kathy Prosser (Absent)
Beth Barth
Dexter Groose (Absent)
Sara Jewell
John Ribes (Absent)
Penny Taylor
Clarence Tears (Absent)
David Tetzlaff
ALSO PRESENT: Cindy Erb, Real Estate Services
Marla Ramsey, Collier County Public Services
Administrator
RECEIVED
NOV 0 1 2005
PUBLIC ~;EF\VICES
1
16 1120 1
September 23, 2005
I. Call to Order
The meeting was called to order by the Vice-Chairman Wayne Agnoli at 2:10
PM. Roll call was taken and a quorum was not established.
II. New Business
A. What is the Panel's Next Step
Mr. Agnoli felt that the next step would be to convince the County
Commissioners to go ahead with the purchase of the Fleishman property;
and made the suggestion to have emails go out addressing such.
Ms. Taylor spoke on the letter run in the paper addressing additional
funds.
Open discussion ensued.
Ellie Krier recommended writing a letter to the County Commissioners
addressing the scenario map created by this Committee that dealt with
such a contingency plan.
Mr. Morgan suggested the Committee create a recommended strategy,
not support eminent domain, and demonstrate funding entities stating what
they bring.
Sara Jewell entered the meeting at 2:20 PM creating a quorum.
Mr. Tetzlaff stated that there are 5 players, with only 2 that can lose, the
voters, and the Zoo. He feels that sometimes trusting those with authority
is needed.
A positive letter to the Board of County Commissioners will be drafted by
Mr. Agnoli itemizing interested entities, imploring for good faith
negotiations. Distribution of the letter should occur to each Committee
Member for agreement in preparation of delivery before the Board of
County Commissioners meeting on Tuesday. It was recommended to
attach documents "November 2004 Caribbean Gardens Results" and
"Commission Districts, 2004 (Certified Values) Collier County Florida".
B. Does the Panel Want to Meet Under Sunshine Laws
Ms. Taylor would like to remain under the Sunshine Laws.
Ms. Jewell would like to address the issue at a later time.
2
161120 1
September 23, 2005
Ms. Taylor noted a letter was sent by a Committee Member that was
unfortunate.
Next regularly scheduled meeting is Thursday October 13, 2005 at 10:00 AM
Building "H" of the Government Complex room 206.
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 2:55 PM.
Collier County Caribbean Gardens Blue Ribbon
Committee
3
(f)~~ tv e-a.rn ~l' 6 112 n~
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail
· Naples, Flon~ 12
Fiala
Halas ~
Henning
Coyle
Coletta
· (239) 774-8383 · Fax (239) 774-4010
RECEiVED
NOV 0 8 2005
November 7, 2005
Board of County Commissioners
Sheriff Don Hunter
Collier County Sheriff's Department
3301 Tamiami Trail ~ Bldg J
Naples, FL 34112
Subject: Your Request for Records
Dear Sheriff Hunter,
In June 2005, I was assigned as the County Manager's Staff-liaison to the Productivity
Committee. After reviewing your recent letter to Commissioner Coyle (dated October 25,
2005), I commenced a search for any additional records that you might deem relevant to
your request.
Con~erning Item 3 and Item 4, please find the following:
1) A document entitled, "Staff Proposed Requested Items for Inclusion in the
Productivity Committee's FY05 Work Plan".
2) A copy of the minutes from the February 16,2005 Productivity Committee
meeting which makes reference to the above document (Number" 1 ").
3) A letter dated March 28, 2005 from Commissioner Coyle to Joe Swaja of the
Productivity Committee which makes reference to, "... a recent request by Sheriff
Hunter... "
4) A letter date March 29,2005, from you, Sheriff Htmter, to Joe Swaja of the
Productivity Committee wherein you state, "I hope this iriformation is helpful to
you in your review of the Sheriff's Office budget. We lookforward to worldng
with the productivity committee on this pr~iect. "
5) County Ordinance No. 2001-37 (creating the County Government Productivity
Committee).
Misc. Coots:
Date: 11/0/ O~
I I
Item #: /~:I ~""D (.:l)
Copies to:
161120.2
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Page 2
Sheriff Hunter
Concerning Item 5, please find the following:
6) A letter dated January 25, 2005 from Joe Swaja of the Productivity Committee to
Commissioner Coyle relative to the Educational Facilities Impact Fee Study and
the EMS Impact Fee Study
7) A memorandum dated January 25, 2005 from Debbie Wight, Assistant to the
County Manager's to Sue Filson, Executive Manager for the Board of County
Commissioners regarding membership recommendations of the Productivity
Committee.
8) A letter dated March 16, 2005 from Joe Swaja of the Productivity Committee to
Commissioner Coyle regarding House Billl173 and S~ate Bill 2302.
9) A letter dated April 25, 2005 from Joe Swaja of the Productivity Committee to
Commissioner Coyle regarding the Law Enforcement Impact Fee Study.
10)A letter dated April 25, 2005 from Joe Swaja of the Productivity Committee to
Commissioner Coyle regarding the Corre<.,-tional Facilities Impact Fee Study.
II)A document dated May 27,2005, entitled, "Productivity Improvement Initiatives
for the roilier County Sheriff's Office 2006 Budget".
If I might be of further assistance, please call me anytime.
i
Very truly yours,
!
~4~
Mike Sheffie;
Assistant to th County Manager
Collier Coun , Florida
239-774-8383 i
Cc
I
Fred~. Coyle, Chairman, Board of Commissioners
Sue Fi~son, Executive Manager, Board of Commissioners./
161120 2
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Staff Proposed
Requested Items for Inclusion in the
Productivity Committee's FY 05 Work Plan
New Initiatives
1. Comment on proposed FY 06 Budget Policy (Smykowski)
2. Review and comment on the Sheriff's proposed FY 06 budget.
3. Obtain Committee support for the state to authorize or have the
County institute additional risk retirement for our helicopter pilots.
Helicopter pilots who are not sworn law enforcement or certified
paramedics, either of which is not needed for Medflight operations,
are also working in high-risk environments. Increased cost to the
County should be minimaL (Summers)
4. Research and make a recommendation on the Domestic Animal
Services spay/neuter program in house vs. contracted services.
(Ramsey) Additionally, consider the merits of a mandatory County-
wide spay neuter program and options for a no-kill policy (euthanasia
alternatives.)
Ongoing ~! Continuing Initiatives
1. Continue to review Impact Fee Studies.
2. Continue to review proposed fee structure increase studies and
proposals.
3. Continue review of those proposed Master Plan revisions that will
have a significant or material fiscal impact.
4. Continue the Employee Benefits Review.
5. Continue to make recommendations on the new regional park hours of
operation of the W aterpark (expense vs. revenue).
COLLIER COUNTY GOVERNMENT1 6 11 20 2
PRODUCTnnTYCO~TTEE
e'l
; (d:y
Minutes - February 16, 2005; 2 p.m.
Members Present: Syd Blum, Stan Farnham, Dex Groose, Steve Harrison, Matt Hudson, AI Kozel, Joe
Swaja and Janet Vasey.
Guests Present: John Barlow, Russ (last name unknown).
Members Absent (Excused): Helen Philbin.
Liaison: Commissioner Halas was present.
Staff Present: Len Price, Administrator, Administrative Services Division; Amy Patterson, Impact Fee
Manager, Community Development; Denny Baker, Director, Financial Administration & Housing,
Community Development; Jim Mudd, County Manager; Michael Smykowski, Director of Management
and Budget; Winona Stone, Assistant to the County Manager; and Barbetta Hutchinson, Office of
Management and Budget.
I. Introduction:
A. Opening Remarks - There being a quorum, Joe Swaja, Chairman, called the meeting to order at 2
p.m. Discussion was made regarding the article in the Naples Daily News.
B. Commissioner Halas was introduced by Joe Swaja. The Commissioner addressed the group and
encouraged them to continue the job they are doing by fmding ways to cut costs and make life better
in Collier County. He offered his assistance in getting the job done and extended his "open-door"
policy to the members of the group.
C. Stan Farnham introduced Kimberley Grant to the group. Kim's history is in productivity efficiency
in New York. Out of 147 applications, Kim was the best ofthe applicants. She expressed her
pleasure in being here and looks forward to working with the group. In turn, the committee
members introduced themselves by relating their business backgrounds and personal details to
Commissioner Halas and Kim.
D. Approval of Minutes - There being no changes to the January 19,2005 meeting minutes, Janet
Vasey made a motion to approve; Syd Blum seconded, and the committee unanimously approved.
II. Old Business:
A. Impact Fee Status - Amy Patterson passed out an updated milestones sheet which included the
additions asked for by Joe Swaja at their last meeting. She reviewed the pass-out and the group
approved the new sheet. The Law Enforcement Impact Fee Draft is due by March 14th. The school
board has approved the Educational Facilities piece and has authorized the job to be sent out for
quotes. There will be a Fire Services Steering Committee meeting next week to schedule the kick-
off of Fire Protection. Fire Protection has a date certain completion of June 30th. Amy will inform
the group when the kick-off meeting will be held and will put out a public notice. Emergency
Medical Services quotes will be back in three weeks and Amy will return at the next Productivity
Committee Meeting to further update the group. Parks and Recreation had their kick-off last month
1611202
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and things are going very well. Commissioner Halas said that he was very pleased to see the
inclusion of beach and water access. Amy told the group that the indexing of all government
buildings will be completed by April. ~Amy will fill in the dates on the milestones chart and
will have them available for the next meeting. Amy will also include the subcommittee chair
names on the table.
Amy passed out the Correctional Facilities Draft Study and legal analysis. Janet Vasey said a new
procedure has been put in place - the subcommittee chair will hold a meeting after the draft has been
reviewed before it goes to the full committee. Matt Hudson and Joe Swaja volunteered to work on
the Correctional Facilities Subcommittee. The next meeting of the subcommittee will be held on
Wednesday, March 2nd at 2:00 pm in the County Manager's conference room.
Denny Baker informed the group that the impact fees have generated approximately $2 million in
interest in the past two years and the Clerk has been taking that money and channeling it back into
the general fund. Amy has prepared an RLS to the County Attorney asking for his official opinion
on that procedure. Secondly, they will be going to the Board to defer the collection of impact fees
until property is actually sold. ~Denny will come back to the Productivity Committee in April
with an update on deferred impact fees for affordable housing.
Joe Swaja asked Denny to find out how much money has been lost in the past twelve years because
the school impact fees have not been updated. Denny said he will use a sensitivity analysis and will
assume an indexing every three years to come up with an estimate. Amy added that they will take a
conservative approach to find a baseline amount. ~Denny and Amy will attend the March
meeting for an update.
The group updated Commissioner Halas on the School Board and their philosophy regarding impact
fees. He suggested that they go back to 1992 when the Board passed the law for impact fees. He
feels they should be able to go back to 1992, use the current growth rate and go from there. The
School Board got in contact with Amy this week regarding this process. She also said that some of
the same data can be used that was compiled by the former consultants, but some things have to be
revisited because of outdated information. She expects this study to be completed by the end of this
calendar year.
B. Update from Benefits Subcommittee - Dex Groose handed out a recap of the Benefits Subcommittee
meeting from February 2nd. Gary Pickle from Nickles and Associates addressed the group regarding
benefits. He described his company as a benefits provider to 350 companies throughout Southwest
Florida. He also stated that he asked for quotes from every health care provider throughout the area
as standard practice.
The Willis representative told the group on a prior occasion that Blue Cross/Blue Shield would not
be able to provide insurance for the county. Mr. Pickles said that Blue Cross/Blue Shield is now
covering over 65-75% of all Florida government agencies including the State of Florida. The
biggest advantage of Blue Cross/Blue Shield, Great West or United Health Care is the percentage of
discounts they can negotiate. He said we might save as much as 10% of what we pay now. He also
said insurance companies like to group like type employees together, for example the Fire
Department employees would be at higher risk than office personnel.
Len Price explained flexible spending accounts in which funds were lost at the end of the year and
HRA's and HAS's where money rolls over year to year. Focus groups were held last year and
1611202
HSA's were discussed and Len found that employees thought they were a good idea if the programs
were done right. Len explained that Collier County is currently self-insured and uses a third-party
administrator, CBSA. ~Len will f'md out when the contract with CBSA expires. She also
indicated that it could possibly take up to a year before we could change the benefits package. If we
do the investigation and find a less expensive plan, then we would need to make sure it would be
implemented correctly. We would have to train the employees and make sure everyone understands
the program fully before we could roll it out. Since we do not necessarily need a broker, we could
go out ourselves and get bids. Len will do some research and keep the group updated. ~Len will
attend the Benefits subcommittee meeting on February 28th with information.
Joe Swaja asked if the County has started to display total compensation packages to their employees.
Winona said the employees get a breakdown of sick days, vacation time, health benefits, etc. on a
yearly basis, delivered to their homes via US Mail.
Dex also passed out an article from the Wall Street Journal regarding Quad Graphics having a
physician on staff. The article stated that because of this personnel addition, hospital admissions
were cut by 15% and the days in the hospital in total count were reduced by 40%. Len said the
county has already started research regarding having a company doctor on premises.
Dex also told the group that very few large employers in Southwest Florida pay for insurance for
spouses or children. They make it available, but the employee must pay it for.
Steve Harrison asked Len how the budget process worked for the benefits. Len and Winona
explained that the rate is developed through Administrative Services. The rate is given to the budget
office and then is input into the department's budget by the individual department's Budget Analyst.
As a cost cutting measure, the county has reduced the amount of company paid claims from 90/1 0 to
the 80/20 percentage we currently have. A 2% increase in the employee's portion was increased
each year for the past four years helping us to reach our goal of 80/20. In order to reduce our cost
we also have smoker and nonsmoker rates - if you smoke you pay a higher premium. Also, each
employee pays his insurance premiums based on his individual wage, not a set rate. Additionally,
we have a very aggressive wellness program for smoking cessation, weight loss, diabetes control,
walking groups, etc. These programs lower our insurance rates, simply by having the programs
available.
C. Update from Budget Subcommittee - Steve Harrison told the group how the progress was going
with the three groups that have been set-up. Each group has at least four members so far:
Finance Team: HR Team: IT Team:
PC Rep - Steve Harrison PC Rep - Syd Blum PC Reo - AI Kozel
BCC Rep - Mike BCC Rep - Jean Merritt BCC Rep - Barry Axelrod
Smykowski
Sheriff Rep - Chrystal Golden Gate Fire Rep- School Rep - ??
Kinzel Chief Peterson
School Rep - ?? School Rep - ?? EMS - Dan Summers
Abe Skinner's Rep -?? Judge Rep - Charles Rice Elections Rep - Gary
Beauchamp
Fire/N. Naples- Sheriff Rep - Gail FireIMarco Rep - ??
Addison
1611202
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Steve asked each leader to contact their team members, assemble their players, have a letter with the
inventory of data to be collected before the meeting on February 28th. Len suggested that we put
together a questionnaire to have ready to make sure all three teams are collecting the same
information. ~ Winona will provide Syd with email addresses for the HR work team. ~Steve
Harrison and Commissioner Halas will visit Abe Skinner, the School District and the Clerk's
Office to encourage participation in the efficiency study.
D. Report on Board of County Commissioners actions on the Productivity Committee's
Recommendation for Membership - Winona said Matt Hudson, Al Kozel and Syd Blum were
approved for continued membership by the board. She added that there were two responses from
committee members regarding the newspaper article - copies are in the packet. Janet passed out a
letter to the editor, it was discussed and decided that no response would be given as a committee
towards the negative comments.
E. FY05 Work Plan Discussion and Update - The work plan was not discussed, but the item has been
deferred to the meeting of March 16th.
III. New Business:
A. FY06 Budget Policy - Jim Mudd reviewed the proposed budget guidance that was included in the
hand-out package. He informed the group that the budget is going to be a very difficult one to
develop this year. There are some things in this guide that will make things tough for everyone. It
will limit head count; limit increases to the CPI adjustment; address health care cost sharing;
compare data between other Florida counties of comparable size and demographics; limit fund
dollars for capital projects; dedicate funds for storm water capital projects; address attrition; deal
with contingency reserves; use millage neutral targets; and address scheduling and overtime issues.
Jim would like to see equal benefits across the board for all agencies. It is important to make sure
that the taxpayer's dollars are being spent in the best possible and most efficient way.
The tidal basin issue was explained. Once the water gets over the last weir that the South Florida
Water District controls, it's in no man's land. Who's responsible for the water then? After
discussion, it was decided that the Big Cypress Basin Board and the County Board would mutually
share in the costs of getting the problem fixed initially. After the clean-up project has been
completed, a MSTU will be made and it will then be up to the communities to maintain the
passageways.
Flood control was also discussed. Flood control projects should be started at the end of the problem
(where you have rushes of water) and work backwards until the places where you have dribbles.
You spend about 60% of the total project cost and get about 75% of the benefits by starting at the
end. The county will pay almost two-thirds of the cost, the community will have to come up with
the remaining funds.
The overtime calculating process was explained. The main goal of the calculations would be to hold
down the budget costs for overtime.
Jim asked the group for their assistance in addressing several issues in the upcoming year. He
passed out a list that included reviewing the budget policies for FY06. He asked the committee to
review this budget, along with the Sheriff's budget for FY06. There are some issues with the budgets
16 1120 2
regarding head count among other things. This will be taken to the Board on March 8th so
please-+The committee should get back to Jim with their comments before March 8th.
Jim Mudd requested the committee's support for County instituted risk retirement for helicopter
pilots.
Another area is the Domestic Animal Services spay/neuter program - in house versus contracted
services. Pet issues get personal very quickly and nobody likes the thought of euthanizing our pets.
Consider the possibilities of having a no-kill policy in the county and putting a mandatory
spay/neuter policy into effect. The problem would be to institute an educational program geared
toward the Hispanic community. Jim asked the committee to look into a better way to handle this
problem than our current policy.
On-going initiatives will be to review impact fees, fee structure proposals, proposed master plan
revisions that will have significant fiscal impact, employee benefits, recommend operating times for
the water park and continue to work on the operational efficiency study.
Janet asked about the 1.5% salary increases. Jim explained how the merit and COLA increases are
administered in regards to pay scale (if an employee is below 10% above mid range of their level,
they get COLA and a merit increase) versus bonuses (if the employee is 10% above mid range on
their pay level they do not get merit increases, but they do get a one time bonus).
Mike and Jim will meet with the Constitutional Officers next week to discuss budget issues and ask
for their cooperation in cutting costs. Each officer will be held responsible for his own budget.
Update on the Sheriff's appeal-last Friday the Sheriff sent his numbers to Tallahassee. We will
have our response by next week. It usually takes the staff in Tallahassee about a month to six weeks
to sort through this information. They are looking for a legitimate basis for the disagreement and
making sure that nobody is being unfairly treated. We will go to Tallahassee in April or May to talk
to the staff. After that visit, they will make a determination based on the information we have given
them. Once that's done, the staff in Tallahassee will brief the Governor, probably around August
or September. The problem with this entire scenario is that before the Board has to approve the
budget for FY06, we still will not have rectified the FY05 budget. Mike Smykowski added that we
will already set the tax rate for FY06 without having the known rate for FY05.
Jim thanked the group for their dedication and encouraged them to keep up the good work. He also
asked them to help him do his job by coming up with ideas to make our county better, spend money
more effectively and leave a legacy that will make the county an excellent place to retire in. He
instilled the fact that the county manager and the productivity committee should work as a team, be
cooperative and help each other in becoming successful.
Janet told the group that the suggestion made by the Productivity Committee several years ago
regarding reclaimed water being used by county property fIrst is now being done. Commissioner
Halas said that the people of Pelican Bay use 3.4 million gallons of reclaimed water a day during dry
season. Janet added that we could probably use many more times that much. -+Barbetta will
include in the packet for the next meeting the prior completed study recommendation on
reclaimed water per Janet Vasey's request.
16 1120 2
(3)
Personnel
1. Continue to look for opportunities to substitute non-certified or civilian
personnel for certified officers to reduce salary and benefits cost
2. Utilize women and minorities in the workforce who want part-time
employment
3. Provide cross-training program to increase flexibility of assignments and
make it a condition of employment and condition of promotion
---------------------------------------------------------------------------------------------
Performance Measures:
1. Reduce officer/population level to 1.0 / 1000 or less without affecting level
of service
2. Assign fuel economy improvement goals to all CCSO vehicles
3. Increase calls for service per deputy by 20% within one year
(30)
16 11 202 .1
(2)
Patrol
1. Adjust staffing of patrols to optimize calls per deputy by spreading the
workload uniformly by shift, by district
2. Utilize patrol officers to direct traffic at peak times or problem area
3. Credit return of citation revenue to the CCSO in the General Fund
4. Work with Courts, the BCC and the County Manager to reduce LEO time
off through time-certain hearings, appearances in court
5. Make efforts to reduce incidence of red light runners in spirit of
continuous improvement
6. With addition of 10 new persons for Orangetree, workload performance
per deputy is substantially better in the old District 2 (new District 2 plus
new District 4) than in District 1 (NN) and District 3 (EN). If FY05
projected increases in new District 4 workload materialize as anticipated
by CCSO, these 10 new staff would be justified. However, the addition of
21 new persons in FY06 would require a workload increase of 25% over
FY05 levels. This is unlikely. Recommend adding 10 new persons in
FY06, five (5) in January 2006 and five (5) in July 2006, if workload
warrants.
Corrections
1. Target a 350/0 reduction in medical services cost given the reduction in
NCH use
2. Based on experience, review opportunities for reducing jail staffing
3. FY05 budget planned to hire 58 persons in October 2004 and after
training, correctional officers would be ready to staff the new jail by
February/March 2005. No additional personnel increases were planned
until the FY06 budget - hiring October 2005 at the earliest with officers
trained by February/March 2006. During this period, the inmates would
be moved to the new jail in phases and the existing facility renovated.
Completion of the new jail was delayed until August 2005, resulting in a
slippage in the renovation of the old jail - and the need for new officers.
Recommend adding 30 new persons in January 2006 (vice October 2005)
and evaluating the need for additional persons in the FY07 budget -
pending receipt and approval of the jail staffing plan.
16 1120 2
,
,
-'
Productivity Improvement Initiatives
for the
Collier County Sheriff's Office 2006 Budget
General
1. Maintain budget at 2005 level + 40/0, or $128 million
2. Eliminate the "pie" allocation process and go to a "bottoms up" budget
target for the CCSO
3. Assign patrol vehicles only to law enforcement officers (LEO's) whose
primary role is patrol or special operations
a.) Reduce take-home vehicles by 125 units
b.) Bailiffs utilize pool vehicles
4. Review paid leave policy: 1) What are the 300,000 hours used for? 2)
What hours can be managed/reduced?
5. Do not assign vehicles to officers above the rank of sergeant
6. Align health benefit plan to the BCC' s 800/0 / 20% program within five (5)
years for administrative personnel
a.) Align prescription plan to same BCC percentage
7. Better manage overtime by utilizing lower cost employees, and avoid
increasing taxpayer liability exposure of employee pension costs
8. Adjust retirement risk rates to final approved levels depending on signed
legislation (subject to decision by Florida executive)
Operations
1. Review and expand appropriate call accounting system to enable
scheduling of communications center staff to fulfill peak requirements; cross
train dispatchers to increase flexibility of staff
2. Minimize the vehicle maintenance pool to 15% of total owned vehicles.
3. Provide a service call profile: distribution of calls per deputy; distribution
of call durations; distribution of response time
4. Look into lease vs. buy for rapidly changing software and hardware in
vehicles; to lowest cost in light of changing technology
5. Investigate outsourcing of vehicle maintenance
6. Review utilization of aviation equipment and conduct cost/benefit analysis
to determine necessary level of aviation
7. Investigate suitability of hybrid or alternative fuel vehicles
8. Conduct a cost/benefit analysis of maintaining all certifications
9. Determine if deputy time for paperwork can be off-loaded or handled by
technology to improve their availability
.
COLLIER COUNTY GOVERNMEN1I 6 J 1 20 2
PRODUCTIVITY COMMITIEE .1
3301 East Tamiami Trail
Naples, FL 34112
(941) 774-8935
'-r7 ,
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May 27, 2005
James V. Mudd, County Manager
Collier County Government Center
3301 East Tamiami Trail
Naples, Fl. 34112
Subject: Productivity Committee Review of Sheriff's FY 2006 Budget
Dear Mr. Mudd:
Our committee wishes to thank Sheriff Don Hunter and his staff for the presentations and tours
explaining his agency's recent accomplishments and plans for the future.
It is our committee's recommendation that all Board of County Commissioners and
Constitutional offices prepare their respective budgets in a manner that evaluates existing
spending to identify items that may be reduced or eliminated to provide funding for new
initiatives.
We recommend the Sheriff prepare a 2006 budget using the above method and believe this
approach can result in a savings of $10 to 12 million from the proposed 2006 level. Accordingly,
the committee respectfully does not support the currently proposed Sheriff's budget for 2006.
We have prepared a list of suggestions that we reviewed and amended with the Sheriff and key
members ofhis staff. We've attached the list for your information and are available to discuss it
with you.
Sincerely,
Joe Swaja, Chairman
Productivity Committee
JS/dlw
C: Board of Collier County Commissioners
Collier County Sheriff Don Hunter
Productivity Committee
Attachment: Productivity Committee's List of ~provement Initiatives and
Recommended Performance Measures
1
@JJ
COLLIER COUNTY GOVERNMENT 1 6 \ 120 2
PRODUCTIVITY COMMITTEE
3301 East Tamiami Trail
Naples, FL 34112
(941) 774-8935
April 25, 2005
Fred Coyle, Chairman
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Dear Commissioner Coyle:
The Collier County Government Productivity Committee at its monthly meeting held on April 20
unanimously approved the recommendation that the Board of County Commissioners adopt the
proposed Correctional Facilities Impact Fee Update Study and corresponding fee schedule with
one change. The Committee recommends that interest paid by the County on bonds/debt related
to capital Correctional Facilities projects not be included as a cost component of the fee at this
time, and that the study and fee schedule be revised accordingly.
As you know, one of the key areas of emphasis on the Productivity Committee's work plan is the
assessment and evaluation of impact fees and the approval of the Correctional Facilities Update
Study is consistent with Collier County's philosophy that growth should pay for growth.
On behalf of the Productivity Committee, I would like to express my support for the approval
and adoption of the Correctional Facilities Impact Fee Update Study, including our
recommended changes, by the Board of County Commissioners.
R~speetfu.l~y ,
" -
....,
"
i
Joe Sw j~ Chairman
Collier ounty Productivity Committee
C: Board of County Commissioners
Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
Joe Schmitt, Community Development and Administrative Services Administrator
Amy Patterson, Impact Fee Manager
Denny Baker, Financial Administration and Housing Director
Productivity Committee (via-email)
COLLIER COUNTY GOVERNMENT 1 6
PRODUCTIVITY COMMITTEE
3301 East Tamiami Trail
Naples, FL 34112
(941) 774-8935
1120 2
Apri125,2005
Fred Coyle, Chairman
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Dear Commissioner Coyle:
The Collier County Government Productivity Committee has reviewed the Collier County Law
Enforcement Impact Fee Study Draft Report as prepared by consultant Tindale-Oliver &
Associates, Inc. Following numerous subcommittee meetings, discussions and analyses during
the course of the past several months, our evaluation culminated on April 20 at the regular
monthly meeting of the Productivity Committee when members voted unanimously in support of
the study.
We would like to take this opportunity to also compliment Collier County Impact Fee Manager
Amy Patterson and Financial Administration and Housing Director Denny Baker ofthe
Community Development and Environmental Services Division for their professionalism and
comprehensive presentations to the Productivity Committee at many meetings throughout this
process. Their diligence and attention to detail were greatly appreciated as we all continue to
focus on doing what is best for the Collier County community.
Respectft,41~
~
.~"
Joe Swaja, 'rman
Collier Co Productivity Committee
C: Board of County Commissioners
Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
Joe Schmitt, Community Development and Administrative Services Administrator
Amy Patterson, Impact Fee Manager
Denny Baker, Financial Administration and Housing Director
Productivity Committee (via-email)
COLLIER coUNTY GOVERNMENT
PRODUCTIVITY coMMITTEE
3301 East Tamiami Trail
Naples, FL 34112
(941) 774-8935
16 11202
~
March 16, 2005
Fred Coyle, Chainnan
Board of County Commissioners
Collier County Government Center
3301 East Tamiami Trail
Naples, FI. 34112
Subject: Support for Board of County Commissioners Resolution Opposing
Enactment into Law proposed House Bill 1173 and Senate Bill 2302
Dear Commissioner Coyle:
At the Productivity Committee meeting of March 16, 2005, we voted unanimously
to support the Board of County Commissioners resolution opposing enactment
into law of proposed House Bill 1173 and Senate Bill 2302 which provide for new
regulations controlling the implementation, collection and expenditure of impact
fees by local governments.
If enacted, as stated in the resolution you are expected to approve at the March
22, 2005, Board meeting, there would be a detrimental effect on the county's
ability to provide necessary, state--mandated, growth-related capital
improvements.
The Productivity Committee strongly requests that these bills not be enacted into
legislation.
Your cooperation and consideration are appreciated.
Joe Swaja, ainnsn
Productivity Committee
c: Collier County ProdUctivity Committee
Board of Collier County Commissioners
County Manager Jim Mudd
1
1611202
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MEMORANDUM
FROM:
Sue Filson, Executive Manager
Board of County Commissioners ~ ~
Debbie Wight, Assistant to the County Manager \~
January 25,2005
TO:
DATE:
SUBJECT:
County Govermnent Productivity Committee Membership Recommendations to the
Board of County Commissioners
The Productivity Committee has reviewed the five applications received for five vacancies on the County
Government Productivity Committee. Applicants were evaluated based on their potential contributions to the
Committee. Members of the Productivity Committee determined all five applicants are qualified.
The Committee recommends the following two applicants for reappointment:
NAME TYPE OF TERM EXPIRATION FIELD OF EXPERTISE
APPOINTMENT
Job costing, management styles,
Sydney E. Blum Reappointment February 2007 efficiency training, CEO of Energy
Efficiency Systems, Inc.
Retired
Albin A. Kozel, Jr. Reappointment February 2007 Marketing, strategic planning, program
management, Detroit Diesel Com.
The Committee does not recommend the following applicant for reappointment:
NAME
TYPE OF
APPOINTMENT
TERM EXPIRATION
FIELD OF EXPERTISE
Matt Hudson
Realtorlbroker, sales associate at VIP
Realty Group, real estate instructor
The Committee has been advised by the County Attorney's Office that two applicants are ineligible for
membership on the Productivity Committee because they are members of the Executive Board of the Collier
Building Industry Association, which has filed a lawsuit against Collier County. Ordinance 2001-55 dictates
they are ineligible for membership on any county advisory boards:
NAME TYPE OF TERM EXPIRATION FIELD OF EXPERTISE
APPOINTMENT
William J. Varian Wm. J. Varian Construction Co., Inc.
Al Zichella Elias Brothers Communities
COLLIER COUNTY GOVERNME16 11 2 D 2
PRODUCTIVITY COMMITTEE
3301 East Tamiami Trail
Naples, FL 34112
January 25,2005
Commissioner Fred Coyle, Chairman
Board of Collier County Commissioners
3301 E. Tamiami Trail
Naples, Fl. 34112
Dear Commissioner Coyle:
The County Government Productivity Committee at its monthly meeting held on January
19,2005, unanimously approved recommending that the Board ofeounty
Commissioners tenninate contracts with consultant Henderson, Young and Company
relative to the Educational Facilities Impact Fee Study and the Emergency Medical
Services Impact Fee Update Study.
In our understanding, the school contract was terminated on January 11, 2005, and the
EMS contract tennination is scheduled for the February 8, 2005, Board of County
Commissioners meeting.
One of the key areas of emphasis on the Productivity Committee work plan is the
assessment and evaluation of impact fees. We are supportive of the Board's direction and
philosophy that growth should pay for growth. In our opinion, punctual and complete
staffwork on behalf of the consultant is vital to achieving the objective of timely revenue
to the county.
On behalf of the Productivity Committee, I would like to express our support for these
contract terminations by the Board,_~hich are absolutely in the best interest of the
citizens of Collier County. We believe county staff should be directed to select a more
responsive consultant that meets the needs of the community.
Joe Swaja, Chairman
Productivity Committee
, please do not hesitate to call me at 394-4599.
Sincerely,
C: Board of County Commissioners
Productivity Committee (via-email)
James V. Mudd, County Manager
Leo E. Ochs, Jr., Deputy County Manager
Joseph Schmitt, Community Development and Environmental Services Administrator
Denny Baker, Financial Administration and Housing Director
Amy Patterson, Impact Fee Manager
.16 11 202
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PASSED AND DULY ADOPIED by die Ba8Rf ofCouaty Commi..u.-s cfCailier Couaty,
Florida this _ day of , 2001.
A'l"lEST:
DW.KiI:D E. BlUJCK. CJed::
BOAlU)-(lF COUNI'Y COIOGSSJONERS
OF. CO{ T n:D" COUNTY, FLORlDA
By:
JAMES D. CAR:IEll, PILD.. C!IainDiat.
AppnMd .110.... ad
1Ipl...m i-q:
. .Qt-~.: pL. ~,~ ~
CIIicf." .. ... CoUIIIty ~
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_,."..~ .~. .,..IIi_ practia:s. aDd ~ at any or aD perts of cauDty
gG'naumeat _ IIIlIb W'Q....-f.nn- fir iDcreased effic:iax:y aDd ~ sad to
assist ia ~ ""...:'11\ oltho8e ~-..I_u- Usa requat>ed by a .......ttinnal of6ccr,
the 0 .......if._ 'may poah ial siJaiJ.r ~.-i_ fbr 1bU oftic:e.
a &ch ~ oldie C~ll,.itt- aay be 1SIi,pr:d a~ or poup of ~
to nMew.
C. ne C.....-;- or each .....dIIbcr tbereolllllaU preperc . report of ~ ad
.ecor- r ~ to be ......iHwI direcdy to tile Boani of CouaI:y Cnononi..u-s lit the last
C......-....... ~I.. prior to 1uae 1 of -=II yar; pnMdcd. however. 1bIt IIICb report aad
,l~ _ l ...,...... .-n be... . ...oNJ 10 tile CGUIIty """"5 otIic:c by May 1 of ada "* 10
pmviIID _ 0fIlr'_......:, y b'lbIIlrevil:w.
D. Tbe C..... ~'..~ flaY'" aad...... ........""-'"to sawn 1beir ...-......lIIiIja:tto
~ bytbe:so.d afCalaty C...-i~
B. neo- '1I_~'.-u beapealotbeplblic.
BCIlON J:lG1I"1': ... fII die C..., ........ Oftice .... die CJerk., c..n.. .
1'beCoualy v~..... oBice wiD provide suda doro',-- ....,i.on, ~ ......~ of
procedures. _...w lUppCII1aad ..... IIIw'" ~ to the Com...:tIIeo u DIllY be JIOC r , ...
tba 0.,-....,- to caixy'out jg ~l"""~ .. .. btb. benlia. Tbct Clerk 10 the Bo8rd sbaD lib the
IIIiautes olaD me "IT or'" pmwidc b die tUias ollUdl miIaUes.
" .
TIle Clerk of Courts may provide die Co_IttI!!lI!! with tecbaical IIIppOrt ---.eo...
~toI .~ procedureS aDd atber ~;..",I _~ tIIIadDs 10 ~toI audit _ 8aacIl
duriJIB 1M coune'oftbeC~. reviews.
sr.CnoN lOKI:: --.......
nia O...-~ ... be rovicwcd 0DCIt every !bur (4) ',..rs C:OIlliP"" i. ill 2003. ill
ICCDIdIDce widl the procedunI...........-- ill eom.. CouId:y O..b....o No. 86-41. a ~, .......
01" its... .........r ara:....-
SECDOND:N: .... orOn'a-~ If.. '1-10;"'-13,.... "-18.
Collier COIIIIly 0IdiDuI:e No. 91-10. as 'll ,....,MO.I by Ordiauce No. 93-13 ad ~6.uc6
No.. 96-10. is '-""lqICIled ill a eatiIecy.
BC'l1ON:a..:EVDlJ ("-aloot.... &.we..UiItJ.
ID the eftIIt thiI.'~ c:oa8icts wahlii)' aIbcr o.diDaace.alCoWer ~ or otber
Jpp~ law. die IDIft .~ Dllllpply. Ifmy pIRIe or partiaa of'tbis Ok~iI bald
iaftIid or ~:...a:' _I by arl'J court of C'H1'fld...... jurildicdco. u::b portba ..... be ...... &
...... diIdact IIId i..~~.. provisioa .... such ImIdias sIIIJ1 DOt Greet 1110 wIidity 0(1110
..~J:l....i"i.. .......
RCnON TWJ:LVE: T-\...,a.... Ia ne ealle on.... ADd QplJ.-
" .
'ilia ..vor.... oftbis 0nIiaaDce sbaIl bec:DIIIa ad be __ . put oldie Code of':r...s ad
~ L_ .. of Colier Comay. FbidL ne IIlCtiaas of the QptI.... .. ~" ..., be
t~'''''''_ lID ~ . ~..... .... _ die want -oniaaoce" may be ~..,.-I to ......
CII'''' adIcr "'W"~ ward.
MiL"1'.IlDJI UUIU....,d: ~)We.
1'his Ol~'" gteflflia apaa filiaswidl die ~w.-t ofStIIa..
6tDarlf"
JUN.2S.
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c. App':... ........l of JIIeIIIbeq to die Cowtmn- sbaU be by resoIuDaa of the Bo.rd oC
Coaaty ~--i.fi.-.. w8ic:h ~ sbaJl set fbrth the dam afappni- aad term oC
a8ice.
SJ:CnDlI{ TIDlI~ T.....r IIIDce.
n. __ ... of aftke oCtile 0, :..- dlIOGDa ... be as firUowE
A, P'ne('l...embcnlildlCl'W:fbrcme(l) yar.
D. Six (6) AWIbcn IlIaD.". fiJr two (2) JaIL
C. /all--. ~.. JaW...two (2)JCIIID.
'D-.....A.c,... ~ ,,:... ...... << RhtI..- . II....... sIaaIl be h' a fiIS1II of two (2) JaIL A
..~...aI... 0 .-....... ray bo......, . -4--1 by the BoanI af'COUIIty C"""'.... i.....oeq filr ~
(1) ... :4....:..... tIDI; ~__ adIa' <p-&R.wI appkt- Jay be u ...i.r".....lod k my ~.
Aff-'=." --tg Jill.., .,.....n- ..... O--~ .u be _1110 ,.....i....~ afllle ~ed
.... ataftlce.
ag,;~ I01JJI: II TwW""1 ~ oaJa; :r...... .. Aa.d ---tly.
It.aaov.& at AMlIDbcn ftaal, die COUIIty ~_ Produd:ivity o--itt- ..... be ill
-'M__ widl tile pmviIiou of Collier Cauaty 0rdiIIuce No. 86-41, as.po ~ or by its
aK ......~
SEC1'IONl'lVE: 00icen; ~... ",~
A. ~ the ~Ibip of tbe CoIIUIIiUee .wi elect a .....po;lIJIOD. IIId vice
..t..:.~ fi'DID .... tIIe...e...ben. ()i!bd tenDllIIaU be Ix" aM 0) ,... wida e6&ibiIitY
:tIlr.. I" rl--
B. n. J1f1 < of &fty-oaD pcraIIl (51%> attbe c:umat ~ ~." but....
_.tb-. five lat."'''. ...-m_ a..... ordJe CuI.~,~:'I- _"....., to.... --..
. IIa.. ... \Iro'."- Ia~ all A~ vote aralimple ...;o.il,. ........Iea ~ sat
tile ~ ,~...d.. a ....... at ." ... ....~ Ii... ..... be JIe(' ., ia' anICr tD ,.
a6:ial IGtiaa. Pt.1Ma.." by IimpIc ..pity 'VOIIt" but ..... ... tIIIII S ~ tile
C- 1- .., 8dopt rules at pi........... filru.u-".-tnn of1-~
C. The O__.....iH.... .... DIp a wriIIeD record of ~..,.. (iM1 oIo~ 8adiap .-
M.--' ...:...- CGpiea of.n (' _...1..- ...~ ~..v- reports.... eDibiIs IlIaD be
,....Itt.d to tile.... atCClllllty C~- ti....--n,
.. .
sa:".tlON SIX: D~......_ ,,~ I r
V oI)en of. ,0-.....11'- IIIin __ widIauI ~~ but IbaIl be eaddcd 10
11IIllIlive I'CliIIIIJuneaI Ix' GpCD" . ~J iacarnd ill tile .-1.--= aftblir dutiIIapa
pdar ...,..,.,.a of.. Bmni atCoual:J C ",,?poq,
~S&VEN: ~ to .PMNn"'Dldlesoldle~""'--
n.1~ paWrn_ duties of"C~- sball be as fbIIowE
A. 'DIe Q>o....,~ ......... .....~ at GIlUIItJ ao~--- UIIIcr die j.pi.6Doll
of die :sc.rd of Caaaty 0--;--. ad ~- if die ~m.caII Ire .... It
~..... of......... ry. 'De~ is to __ die CaaatJ'1 4lut-~ dIIt
.... .. b.iaslllllid ill_ -n-..... ___ 11III tbIt dIie BomI eX ec.atJ
.... aD ....__hIoo.. to avaid ...... <<bill daIIan. W"ttbaut JiaIitias tile
~ fila C. ' '1....... may .-lyze.... Jevicw aiItiaa IIInIdIn. yo.,.-' I~.
~.,.
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1.6 11202 "~i
O~JNANCZ NO.2G81- 3!f
AN QRDINANCZ CBEAT.lNG T.IIIt COUNTY GOVBRN.MDIT
PRODUCIIVITY COMMIlTEE; PROVIDJIlfG IIOR
APPOJN'I'IIENT AND COIUOSlTION; SJ;I'l']NG lIOa11l TBE
TIDI~ 01' 0J'll'lCE; PBOVlDING 1IOR REMOVAL DOM
Oll'l'lCl'.. .AlLIJU TO AI. I.~ MEE'I'lNGS; PROVIDING ft>R
Oftl'lca.s. QUORUM AND AULa 01' 1'IlOCEDUKB;
:PJlOVJDING lOll JlnlWRtJJI,SDIENT 0,:a:pJ:NUS; SJ:'I'TJNG
m.RnI 'I1IJ: FIlNcrIONS. POWJ:BS AND DUTD'S 0' no: ,
CO....nUiJli; ~u:JftG .oaTH TB& DtJ'1'DS 0. 'J'IIE
COmn'Y J(A.lU.GD'S OD'JCJ: AND DB rr ~1C ()lI' COOllTS;
PIIOl'JDING, lOll uvmw ,PJtOCl'.SS; P.ROVJDDlG :JOlt
IU:P&AL OP OJIDINANC& NO. 'I-II, AS AMENDED;
PIIOVJDING .uJl COlULlCT AND S&VI:IlABILITY;
~JNG lOR INCLUSION IN CODE OJ' LAWS AND'
OIlDJIIAlIKX5; AND PIIOVlDDIG .uR AN U#.u..;nYE DATE.
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WBEIlEAS. OIl ~ 29. 1991, die BamI rI Ct:IuIq c---....._~ 8dopell Colier
eaa.ty 0..&.......- No. 91-10, -.st~....a.; ~ tbo Coaaty Goft...a.ClIt PIalIuI:tivity e -..........'-;.-
WHEREAS. anw..:e No. 91-10 VIlIS .-f.... by. Ordiaaace No. 93-13 lad ~
No. 96-10;-
WBEIlEAS. 1bc Couaty G........... PraduI:dvity ~ requated tbIt tile .... rI
CaaaI.y ("........;...;._'<<1 cQOMi..... pOp08ld nwiIioaI to Collier COUIIty Ordiauace No. 91-10..
....r .....: ...
WBEIlEAS. OIl May .. 2001. die Boml oCCQAIZIly ("'~;"""''"''fS ~oved tile ~
, ~ to ~ No. 91-10.. .-.....: ad
WBBRE:AS, to Jiaaptify iba ..AboriIy goveraiDa die, c..., ~ Pmduadvity
c-....... 0rcIi--=e No. 91-10, . AA)1~. ia ... repeUd .. rep'n.t by dU c:lrda.-.
NOW, 'DIEJIJ:IOIlJ:, _ rr 01lDAIND BY THE BOAIID 0. COtmTY
CQM1IiIIMIUl'IAIIS 01' COI.UKJl COUNTY.lIL01UJ)A. tIaat:
UCDOIf ONJ:: 0.... fIItM c..atJ GeftraIMld f'rlIdadiwiIJ C...-IH..,
The CoUIIty ~..... PraduI:dvity ec--itt- (tile -co.....'""-'") is bInby c:raud to '
....tIIe~ oE~ ofcaGlll.y JIOWDIIICIIl-- tbojurisl'~ ofdle~ 01
CaaatyCooo-l~~
8CI'IOJIf TWO: .....tpq w.... ~.....:,...
A Tba (AoNnitt"'O ..... be 4700d~ of eI.",.. (11) .......... wilD 8tl ...,..4 ........t by
. ' .
.-.lntWt of6e Board oEc.o..ty c--'~-~ 'l'1Iey IbID ~ speciaI.,.-..
~ n:IIb:d to -r. ...... . ,....."'\ Iiut tbe ~ ..... be bIlta-i
.iD l.......-llrina ..... af~ -~. FwW.!be en.m~..',,,;,,, .., ieI:Iude COIIIIIlJ aaJI<<
Gily ~._'Io.-.......I --'-'.J'....o:l ........-d by tile Couuty v-r or City u.... I ,
&~..ay. but IballDDt ~ Ibar (4) ~.. u WlIlD a IL- L~ of die pm...
....... ne Vice o.ir.aIa of die &.nI of Coualy Co.... L'_~ or""" bom1l
," ~ .. MIll __ as a __ to die eo-~ IIId is ..... -.....aJ, .. to
.~~
NO. '
Of...
.JIlN 2 &..
. PI- ';t
v ....--...~ ~~-L
B. ~-~ or.dIe c.-,.......-1baII ~'lpIIa. '..;..t by.. SIne at die
:ao.d r4Caaaty 0:- '.m._... Said -- ...~ slid be p....... nIIid..
af~CcuIty.
161120 2
cost sharing emphasis is on the utilization side with deductibles and co-
payments. There is also a 50% penatty for using services out of the network.
The county's plan does not try to contain usage. Their plan allows employees to
visit a general practitioner for only a $15.00 co pay and subsidizes the fest of the
charge. An office visit to a specialist only costs the employee $25.00. There is
also no penalty for using out of network providers under two of the county's three
plans. These Board of County Commissioners benefits drive up the cost of their
plan.
The Sheriffs Office budgets for single and family plan cost based on the number
of members in each category and on the prior year's actuarial report. For FY
2005, the budget was $6,000 for the single plan and $12,800 for the family plan;
The Board budgeted a blended rate of $10,209. If the Sheriffs Office had used
this rate, the health insurance budget would have been an additional $1,000,000.
The Sheriff's Office also has to be cognizant of what other law enforcement
employers in the area are charging for health insurance in order to remain
competitive in the marketplace. In Lee County, there is no charge"to members
for family or single coverage. The Collier County Sheriffs Office recruits
members from Lee County and in fact over 200 of our members live out of
county.
The Sheriffs Office continually reviews its benefits paCkage. We remain
committed to providing our members the best possible benefits at the least cost
to the taxpayers.
The latest estimate of the opening of the new jail facility is August 1, 2005
according to a letter received March 15, 2005 from Chairman Coyle.
I hope this information is helpful to you in your review of the Sheriffs Office
budget. We look forward to working with the productivity committee on this
project.
~btriff
k)}
\<.t/
16 1120 2
DON HUNTER · COLLIER COUNTY
3301 Tamiami Trail East, Bldg - J, Naples, FL 34112-4902
(239) 774-4434 www.colliersheriff.org
March 29, 2005
Mr. Joe Swaja
Collier County Government
Productivity Committee
3301 East Tamiami Trail
, Naples, FL 34112
Dear Mr. Swaja,
This is in response to your March 16, 2005 request for infonnation.
Attached is the fund detail of actual expen~itures for FY98 to FY01.
We have provided Matt Hudson with budget books for 2002, 2003, 2004 and
2005 which provide the budgeted staffing levels by certified and civilian positions.
In the 2005 budget book, on page 29, we provide a chart of actual positions
compared to authorized positions for the period May 99 to Feb 04. We do not
maintain historical staffing levels in detail since these change with every biweekly
pay period. We can provide you with some of the vacancy reports for the past
two years if you would find this helpful to compare to the authorized positions in
the budget book.
A new organizational chart based on the recent reorganization is in the process
of being prepared and will be provided to you as soon as it is completed.
The Sheriffs Office is mandated by Florida Statute to participate in the Florida
Retirement system. The contribution rates are also set by statute annually.
Please see the attached copies of statutes and excerpts from the FRS handbook.
The health insurance budget is the largest component of the benefits package.
As costs of health care continue to rise, it is a major concem of all employers.
The Collier County Sheriff's Office is a member of the Collier County Health Care
Consortium along with the county, the School Board and Naples Community
Hospital. These local employers meet during the year along with Community
Health Partners to come up with strategies and innovative programs for reducing
or containing escalating costs.
The Sheriff's Office health insurance plan is based on a different philosophy than
the Board of County Commissioner's plan. The Sheriffs Office plan is designed
to charge members who use the plan more than those who do not. Therefore the
"The duly of the Collier County Sheriff's Office is to preserve and protect Ai
the lives. orooertv and constitutional auarantees of all oersons." ~
'\
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, 16 11202
g{j~o/Woll~ w~ ~~
3301 East Tamiami Trail' Naples, Fiorida 34112 - 4977
(239) 774-8097' Fax (239) 774-3602
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
March 28, 2005
'-'l;H--
Mr. Joseph Swaja
460 Battersea Court
Marco Island, FL 34145
DearMrh
In response to a recent request by Sheriff Hunter (copy attached), the Board of County
Commissioners would like to ask the Productivity Committee to develop service levels and
performance indices appropriate for the Collier County Sheriffs Department. These criteria
would be used for establishing future budget policy and for determining adherence to defined
goals.
As I have indicated to Sheriff Hunter, I am not certain this task can be completed in time for the
FY06 budget, but I will rely upon the recommendations of your committee.
Thanks to you and the committee members for all the excellent work you do for the citizens of
Collier County.
Sincerely,
~
Fred W. Coyle, Chairman
Commissioner, District 4
FWC:pas
"i'~
(' "\
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16 , 120 2
At 5:00 p.m. Joe Swaja suggested the remaining items be continued until the next meeting. Janet
motioned that the meeting be adjourned. Steve seconded. The meeting was adjourned at 5:00 pm.
Next Meetine: The next meeting of the Productivity Committee is scheduled for Wednesday, March
16,2005,2 p.m. in the County Manager's Office front conference room, 2nd floor of the W. Harmon
Turner building (Administration Building).
16Jl
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EXECUTIVE SUMMARY
Authorize the Supervisor of Elections to accept voter education funds with a 15%
matching contribution.
OBJECTIVE: To accept funds from the Department of State, Division of Elections for
additional voter education training beyond the Supervisor of Elections current programs.
CONSIDERATIONS: The Division of Elections shall award Collier County Supervisor
of Elections a total of$49,121.91, (see Appendix A). The Florida Legislature
appropriated $3,000,000 specifically for voter education. These funds will be distributed
to the Supervisor of Elections pursuant to a formula based on the number of registered
voters in the county, as certified by the Department of State for the 2004 General
Election. The Legislature specified that these funds could be used for mailing or
publishing sample ballots; for conducting activities described in the Standards for
Nonpartisan Voter Education provided in Rule IS-2.33, F.A.C.; for print, radio or
television advertising to voters; and for other innovative voter education programs, as
approved by the Department of State. In order to receive the funds, the Legislature
requires that the Supervisor of Elections provide a detailed description of the voter
education plan (see Appendix B). In addition, the Chairman of the Board of County
Commissioners will need to certify that the county will provide a 15% ($7,368.29)
matching fund. The matching funds were included in the Supervisor of Elections
2005/2006 budget.
FISCAL IMPACT: The Collier County Supervisor of Elections will receive $49,121.91
from the Division of Elections to be appropriated in the Supervisor of Elections budget
with definitive project tracking.
GROWTH MANAGEMENT INPACT: None
RECOMMENDA TION: That the Collier County Board of County Commissioners
authorizes the Chairman to sign the Memorandum of Agreement.
APPROVED BY:
Jennifer J. Edwards
Supervisor of Elections
Date:
A~o~~rlfrl::J::
Coun y Attorney
16Jl
.
Certificate Regarding Matching Funds
I,
Fred Coyle
, 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 2005-2006 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 $7,368.29. I understand that if the Board fails to appropriate the required matching
funds, all funds received from the state for voter education purposes during the 2005-2006 state
fiscal year will be required to be returned to the Department of State.
~w.~
Chairman, Board of County issioners
Date
......~ n {) ti\t:- .
.... ....11.. v, '".\
,,':). ~ttest .~:W" Ch.s
.:'/' .,SJonatur.', ,6d:f1l
!~~-;: :. !.. J~>.: ~ ':. 'r~, 0.. C) .;.:
~.w. ~\ ~ \ j '=:4 : !; ~
c_~ " lIo..,,,... . '''1 .' ~ .
.:.;.. : .. ~/: :.,;
'.'" . t' '--:!v , <~
I).. '. .... ,~:;\
'... ,."...~ . . . -~ \' ~~
/... ,',<'
~~ ~/' A t'.~.'
" i:ll , i.f
~.oc.
~tl~LtiW
County Attorney
16J3
.
EXECUTIVE SUMMARY
Approve the Inter-local Agreement for Election Services which leases the County-owned
voting machines to the City of Naples for use in the City's February 7, 2006 election, and to
authorize the execution of this agreement by the Chairman of the Board of County
Commissioners.
OBJECTIVE: That the Board approves the Agreement entitled "Inter-local Agreement for
Election Services."
CONSIDERATION: F.S. 101.36 authorizes "the board of county commissioners of any county
that has adopted voting machines or electronic or electromechanical voting to permit
municipalities within the county to use county-owned voting machines or devices.. .on a rental
basis, upon such terms and conditions as the board may determine." The City of Naples will be
holding a City election on February 7, 2006, and has requested certain assistance from the Collier
County Supervisor of Elections, which will require the use of County-owned voting equipment.
Among other things, this Agreement leases County-owned equipment to the City for use in the
City election.
FISCAL IMPACT: The lease of the County-owned equipment is for a fee of$ 12,500.00. In
addition, the Collier County Supervisor of Elections will be reimbursed for all '.;osts associ.ated
with the election.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners approves the Agreement
entitled "Inter-local Agreement for Election Services," and authorizes the Chairman to execute
the Agreement on behalf of the County.
Submitted by:
Date:
Jennifer Edwards
Collier County Supervisor of Elections
16J3
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INTERLOCAL AGREEMENT FOR ELECTION SERVICES
By and Among the City of Naples, Collier County and the Collier County Supervisor
of Elections
This Agreement for Election Services (Agreement) is for the February 7, 2006, City Council
Election, and is by and among the City of Naples ("City"), Collier County, by and through the
Collier County Board of County Commissioners ("County") as owners of the County's voting and
ballot tabulation equipment, and the Collier County Supervisor of Elections ("Supervisor"), as
custodian of the County's voting and ballot tabulation equipment.
WITNESSETH
In consideration of the premises and covenants set out below, and for $10 and other valuable
consideration in hand received by the County and the City, it is hereby acknowledged and agreed
by the parties hereto as follows:
I . This Agreement is entered into pursuant to the prOVlSlons of the Florida Interlocal
Cooperation Act of 1969, set forth in 9163.01, et seq., Fla. Stat., and is further authorized pursuant
to the parties' respective home rule powers granted by the Florida Constitution.
I The City represents that under the terms of the City Charter, the City is responsible for the
conduct of all its municipal elections except when the City chooses to call a special election to be
held by mail ballot. Nothing in this Agreement shall be construed to infer that the County or the
Supervisor interpreted the provisions of the City's Charter or interfered in any way with the City's
exercise of its home rule powers pursuant to the conduct of the City election.
3. To facilitate the City's conduct of its February 7, 2006 election, the Supervisor shall do those
items enumerated in Exhibit A identified as s.19.1, Security Procedures for Stand Alone Municipal
Elections of Collier County.
-J.. The City shall provide to the Supervisor and the Florida Attorney General a copy of the City's
letter of submission and response to and from the U.S. Department of Justice relative to any
changes, which the City makes relative to polling site locations. A copy of the letter of submission
must be returned with this executed agreement and a copy of the response from the U.S.
Department of Justice shall be provided no later than 5:00 p.m. on the fourth day preceding the
election.
), Subject to the terms of this Agreement, the County agrees to lease the following items to the
City for use at the polls in its election:
· 125 iV otronicscg with booths, (includes 1 Audio unit per precinct.)
· 240 Personal Electronic Ballots
· 12 Compacs
· 12 Laptop computers
· Precinct Signs with Flags
· 12 Precinct file caddy and supplies
· 12 sets of 3 Vote Here Alphabet Card sets
· 24 EVID's (Electronic register with signature pads)
Revised November 2005
16J3
.
6. The Supervisor shall arrange for the equipment pick-up at the Elections Office to occur
between the hours of 8:30 a.m. and 4:30 p.m. on Friday preceding the election date.
7. The City shall arrange to accept delivery of equipment at the specified polling sites between
the hours of 8:30 a.m. and 4:30 p.m. on the Friday preceding the election date.
8. The Supervisor of Elections Office will coordinate the pick-up of precinct supplies on the
Saturday prior to the Election by the Clerks. The Supervisor shall provide all oaths, forms, and
training materials to the City's Poll Workers, Clerks, Oath Persons, FED'S and Ballot Activators.
9. No later than the day following the election the equipment used in the City's election will be
picked up.
10. The City shall use the County's certified tabulating systems, and pay directly to the Supervisor
all costs for programming, on-site election support, and any repairs required as a result of the
City's use.
11. Nothing in this Agreement shall require the County or the Supervisor to arrange for the
acquisition or construction of additional equipment for use by the City at its poll sites should such
equipment not already be in the County's inventory for that specific poll site facility.
12. Neither the County nor the Supervisor shall be held accountable for equipment needs not
contained within this Agreement. There shaH be no last minute adjustments to this Agreement for
equipment or consumable supplies.
13. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot
tabulation equipment components enumerated herein:
· Model 650 Scanner for Absentee Ballot tabulation
· Unity Election System including
· Data Manager
· iVotronic@ Image Manager
· Hardware Programming Manager
· Data Acquisition Manager
· Reporting Manager
14. The County agrees to lease the foregoing ballot tabulation equipment to the City subject to the
following additional conditions:
· The City shall utilize the services of the staff of the Supervisor to program the system for
ballot tabulation of the city election.
· The City shall not remove the ballot tabulation equipment fr~m the Collier County
Government Center where it is in the Supervisor's custody or take any action, which would
jeopardize the security of the system or interrupt the custody chain.
· The City shall be present to conduct the Logic & Accuracy Test at 9:00 a.m. on Tuesday,
one week prior to the election (or the start of early voting) at the office of the Supervisor.
Revised November 2005
2
16J3
.
· The City shall store its copy of the Logic & Accuracy Test at the Supervisor of Elections
Office.
· The City's failure to comply with any of these provisions, as determined by the Supervisor,
shall constitute adequate grounds for termination of this Agreement for convenience by the
Supervisor, on behalf of the Supervisor and the County, upon five (5) calendar days notice
from the Supervisor to the City. However, any such termination for convenience by the
Supervisor shall not relieve the City from fully complying with any of its outstanding
obligations under this Agreement.
15. The Supervisor's Office shall be and is solely responsible for the content and format of any
affidavits and training materials used in the course of the election.
16. The Supervisor shall be responsible for any training of City's election workers, and the
development of its training materials. The City Clerk or her representative will attend all training
sessions. The City shall be liable for all actions taken by the City's poll workers during the course
of its election day. The City shall enforce S 1 02.031 (4), Fla. Stat., which provides as follows:
"(4)(a) No person, political committee, committee of continuous existence, or other group or
organization may solicit voters inside the polling place or within 1 00 feet of the entrance to any
polling place, or polling room where the polling place is also a polling room, or early voting site.
Before the opening of the polling place or early voting site, the clerk or supervisor shall designate
the llO-solicitation zone and mark the boundaries.
(b) For the purpose of this subsection, the term "solicit" shall include, but not be limited to,
seeking or attempting to seek any vote, fact, opinion, or contribution; distributing or attempting to
distribute any political or campaign material, leaflet, or handout; conducting a poll; seeking or
attempting to seek a signature on any petition; and selling or attempting to sell any item.
(c) Each supervisor of elections shall inform the clerk of the area within which soliciting is
lllllmvful. based on the particular characteristics of that polling place. The supervisor or the clerk
may take any reasonable action necessary to ensure order at the polling places, including, but not
limited to, having disruptive and unruly persons removed by law enforcement officers from the
polling room or place or from the 100-foot zone surrounding the polling place. "
The City shall be responsible for the resolution of all issues regarding solicitation within 100 feet
of the polling site rule.
17. The Supervisor of Elections shall be responsible for all activity relating to any absentee ballots
the City chooses to provide voters for the election, including processing requests; addressing
absentee envelopes; and verification of voter signatures.
18. The Supervisor shall prepare and advertise bilingually the voter registration book closing in
accordance with general law and obtain an Affidavit of Publication for same. Said advertisement
shall subsequently be billed to the City, which shall be responsible for payment. With the sole
exception of the voter registration book closing advertisement, the City shall run proper bilingual
advertisements for required election notices in a newspaper of general circulation within the
County.
Revised November 2005
3
16J3
,
19. The Supervisor of Elections shall provide the necessary training and personnel on Election
Day to verify absentee voter signatures, open absentee ballots, and prepare the voted ballots for
actual tabulation. The City will be responsible for payment of wages directly to all election
workers. Such work shall be conducted under the rules established by the City Canvassing Board.
20. The Supervisor of Elections shall be responsible for retention and destruction of all election
day materials in conformity with applicable State and Federal laws.
21. With the exception of activities relating directly to the Supervisor's determinations regarding
voter registration and eligibility, and to the extent permitted by law, the City shall pay for the
Supervisor's selection of defense counsel and indemnify and hold harmless the County, the
Supervisor, their officers, agents, and employees, from and against any and all actions, in law or in
equity, from liability or claims for damages, injuries, losses, and expenses including attorney's
fees, to any person or property which may result now or in the future from City's activities
associated with this City election, arising out of or resulting from any and all acts of omission or
commission relating to the City's election or the City's responsibility under this Agreement.
Further, to the extent permitted by law, the City shall pay for the Supervisor's selection of defense
counsel and indemnify and hold harmless the County, the Supervisor, their officers, agents and
employees, from and against any and all actions, in law or in equity, from liability or claims for
damages, injuries, losses, and expenses, to any person or persons authorized by the City, its
employees, or agents to participate in the City election when not otherwise authorized or eligible,
or from events relating expressly to City election activity.
22. All costs, including attorney's fees and court costs, shall be paid by the City for:
a. Litigation involving payment due to the County or Supervisor and for collection for any
judgment recorded against the City, and
b. Litigation involving the City's election whether brought by an elector, the U.S.
Department of Justice, or others.
23. To lease voting units, and other supplies listed within this contract, the fee shall be $100 per
voting unit ($100 x 125 units = $12,500.00). The fee shall cover replacement parts and shipping
necessary to repair any damages to the County's voting unit or equipment leased to the City. In the
event the cost of such replacement parts exceeds the amount of the fee, the City shall reimburse the
County for the difference. The fee of $12,500.00 shall be paid to the Supervisor no less than 45
days prior to Election Day. The City agrees to pay for training, tabulation materials, ballot setup
and precinct registers in the amount billed by the Elections office and any additional charges that
may apply for Spanish translation at a rate of $ .25 to $ .50 per word with a minimum charge of
$25.00. The Supervisor will bill this amount after the election. The cost of early voting equipment
is not included in this agreement.
24. Within 10 calendar days following the City election date, the City shall provide any
replacement parts or equipment that were lost, stolen, or damaged while in the City's possession.
25. If the Supervisor's actual City election costs exceed the amount of the fee, the City shall pay
the Supervisor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill shall be
actual costs associated with the following:
Revised November 2005
4
16J3
.
· computer sort time at the rate of $1 00 per sort
· computer printing at the rate of $.27 per page
· actual costs of advertising the voter registration book closing
· actual staff labor costs for work unique and peculiar to the City's election
· $.0125 per page of county Precinct Register paper used (does not include data processing
sorts or printing costs)
· $.15 per page for 8.5" x 11" or 8.5" x 14" copies
· $.20 per page for duplexed copies
· actual cost of any expenditures required by the City's election and paid by the Supervisor.
26. Notwithstanding all provisions for payment set forth in this Agreement, the City shall be
responsible for all costs associated with manpower, equipment, postage, and any other election
costs, whether or not specifically set forth in this Agreement. The costs of workers for early voting
is not included in this agreement.
27. Nothing in this Agreement relieves the City of its responsibility to develop security
procedures for its election. The County and Supervisor responsibility for security regarding the
City's election are limited to those items contained in the attached Exhibit A.
28 The County and the Supervisor have no liability for costs or expenses or other liability
incurred by the City in preparation for this election should the U.S. Department of Justice note an
objection in its response to the Mayor's request. Further, should there be a response noting an
obj ection which would delay or prohibit the conduct of the election, the City is not relieved of any
related financial obligation owed to the County and Supervisor arising from fees, goods and
services, or other costs and expenses whether or not specifically set forth in this Agreement,
incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the
Department of Justice objection.
29. The City shall obtain an insurance policy which shall name the County as additionally insured
or agree to provide coverage through the City's self-insurance and shall assure that the County will
have no financial obligation which includes the City's responsibility for paying any deductible for
any damages to the County's voting and ballot tabulating equipment and systems used in a City
election. The City shall provide the County with a Certificate of Insurance for said coverage or a
resolution indicating such coverage under the City's self-insurance program.
30. In the event there is an election protest, contest, or sequestration order arising from the City's
election involving any component of the County's voting system and/or equipment which would
preclude its further use until the matter has been resolved by the courts, and the County has an
election scheduled where the equipment must be used, the City shall make a $25,000 security
deposit to Collier County within four calendar days of the issuance of the sequestration order for
the tabulation component and an additional $25,000 if voting units are involved. The unused
balance on the security deposit shall be returned to the City when the legal matter has been
resolved and the equipment has been returned.
Revised November 2005
5
16J3
.
31. The City shall arrange for candidates, candidate supporters, and members of the press to
congregate and await election results in some publicly accessible meeting area such as the County
Commission meeting room, City Hall, or other comparable location. Candidates only may be
gi ven tours of parts of the secured areas of the Elections Office. The City Canvassing Board, its
precinct election workers, its election night workers, and the Elections employee designated with
custodial supervision of the facility for the day will be admitted to the secured area for processing.
32. This Agreement shall be valid only for the City election held February 7, 2006.
33. In the event any part of this Agreement is determined to be unenforceable by a court of
competent jurisdiction, said ruling shall not invalidate the remaining parts of the Agreement.
IN WITNESS WHEREOF, the parties hereto authorize this Agreement, consisting of seven
consecutively numbered pages including a one page "Exhibit A", and affix their hand and seal this
:; j::.r day of j)t.c(..YJ?M.. , 2005 by the City Council of the City of Naples and this
U:/f!! day of .;]4.A7l71J,1U1 ' 2006 by the Collier County Board of County
Commissioners and the Supervisor of Elections of Collier County.
ATTEST:
Dwight E. Brock, Clerk
Collier County Board of County
Commissioners
.( .
~w~
Fred W. Coyle, Chairman
,/ :::.:' - ' ' IS~~ \ '.;; ~
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~_0.pp.tQ':',ed .U-s. t,O,{Q?TI. ~tld legal suffICIency
-tn'r e C un V~'" . ,..
'" : '" . ."r ~'::J" "," ..:~:t
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I.' l ~'L'
latzkow
ounty Attorney
supe~isor or Elections of COlJi~r jnty
'.":! · ~/4'
Jenfiifer J. EdW! s, fu1P<7 isor of Electio s
?Jt~~
Bill Barnett, Mayor
ATTEST:
Approved as to form and legal sufficiency
for the City:
/1, r-\
I. '(r ~. "
(\ ;'/ \ \ ,) \ /j1\4
Robert Pritt, City of Naples Attorney
Revised November 2005
6
----'''--'"._"_.~;"'.,.~.,."'.....,--_..--~~_...,-"-
16J3
.
Exhibit A
Collier County, Florida
5.19.1 SECURITY PROCEDURES
for Stand Alone Municipal Elections
(not scheduled concurrently with state/county dates or mail ballot elections)
1. The Elections Office will advertise the registration book closing.
2. The Elections office will provide the City with a precinct-by-precinct demographics report within seven
days of registration book closing.
3. On the 6th day preceding Election Day, the Elections Office will run the computer sort to produce
precinct registers for use by the City (not required for mail ballot election).
4. If the City leases the County's voting equipment (not supplies), permission must be obtained from
both the Board of County Commissioners and the Supervisor of Elections for each election date. The
County shall not be required to provide equipment it does not have.
5. The County shall arrange to pick up the leased equipment and deliver it to their polling place(s).
6. The City shall return leased County equipment to the Elections Office no later then the day after the
election. The equipment shall be in the same condition as when it was received by the city.
7. The Elections Office will, prior to the canvass of votes, provide all absentee services for the absentee
ballots received by the Elections Office and the City Clerks office. The Supervisor will verify signatures.
8. If the City leases the County's ballot tabulation system, only the Supervisor of Elections Security
Procedures for building and system access shall apply. The City shall be responsible for all other security
measures for its procedures and supplies.
9. The Elections Office shall retain the precinct register(s) for twenty-two (22) months.
10. All candidate information, amendments, and referendums must be submitted to the Supervisor of
Elections no later than the 46th day prior to the Election, the last day of qualifying. All audio files with tape
recorded spoken name of candidate will be made available to the Election Systems and Software at the
same time. The Supervisor of Elections will invoice The City of Naples all costs of the audio ballot.
11. Elections costs shall include, but not be limited to expenditures for all paper supplies including
envelopes, instructions to voters, affidavits, precinct registers, reports, ballots, postage, notices to voters,
advertisements, testing of equipment, sample ballots, data processing time and supplies, delivery and pick
up of equipment, records retention and labor costs, including those costs uniquely associated with absentee
ballot preparation and canvassing. These costs will be the responsibility of the County and billed to the
City. This agreement does not include the cost of early voting equipment or costs associated with early
voting.
12. Cost of Poll Workers, field election deputies (feds), and polling locations shall be the responsibility of
the City and paid directly by the City.
Revised November 2005
7
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17A
.
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement
(Display Adv., location, etc.)
Other:
*********************************************************************************************************
Originating Deptl o;v: Comm.Dev. Serv .lPlanning p""on: Heidi Williams ~ Date: \ \ \?- q 105
Petition No. (If none, give brief description): CU-2005-AR-7749, Living Word Family Church
Petitioner: (Name & Address):Johnson Engineering, Laura Spurgeon, 2350 Stanford Court, Naples, FL 34112
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Living Word Family
Church; 521 West Street, Naples, FL 34108
Hearing before BeC
BZA
Other
Requested Hearing date:
Januarv 10.2006
Based on advertisement appearing ~ days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size): Petition CU-2005-AR-7749, Living Word Family Church,
represented by Laura Spurgeon, of Johnson Engineering is requesting a Conditional Use pursuant to Section 2.04.03 (Table 2) of the
Collier County Land Development Code (LDC) for the property to be used for a Church Facility in the Rural Agricultural (A) zoning
district. The subject property, consisting of 18.1:t acres, is located on the south side of Immokalee Road, approximately 1 1/2 miles
east of CR 951 in Section 30, Township 48 South, Range 27 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
113-13 8312-64911 0
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~~
pepartment Head
II J.. 0 ~ ,.-
~
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
******************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: IZ-tr- D:J Date of Public hearing: I-/O-O~ Date Advertised: /t~2S- 6S--
17A
.
RESOLUTION 05-
A RESOLUTION OF THE BOARD OF ZONING
APPEALS PROVIDING FOR THE ESTABLISHMENT
OF A CONDITIONAL USE PURSUANT TO SECTION
2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) FOR THE PROPERTY
TO BE USED FOR A CHURCH FACILITY IN THE
RURAL AGRICULTURAL (A) ZONING DISTRICT,
FOR A 18. I-ACRE PROPERTY LOCATED IN SECTION
30, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to
establish, coordinate and enforce zoning and such business regulations as are necessary
for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning
Ordinance establishing regulations for the zoning of particular geographic divisions of
the County, among which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of
the proposed Conditional Use, allowed by Section 2.04.03, Table 2 of the Collier County
Land Development Code, in the Rural Agricultural (A) zoning district to be used for a
Church Facility on the property hereinafter described, and the Collier County Planning
Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and
arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 1 0~08.00.D. of the Land Development
Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED BY The Board of Zoning Appeals of
Collier County, Florida that:
The petition filed by Laura Spurgeon of Johnson Engineering representing Living
Word Family Church with respect to the property hereinafter described as:
Page 1 of2
17A
.
The West )Iz ofthe East )Iz ofthe West )Iz of the Northeast 'l4 less the South 10' of
Section 30, Township 48 South, 27 East, further described as Folio number
00214920002,
be and the same is hereby approved for a Conditional Use allowing a Church Facility, as
allowed by Section 2.04.03, Table 2 of the Collier County Land Development Code in
the Rural Agricultural (A) zoning district in accordance with the Conceptual Master Plan
(Exhibit "B") and subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by reference herein.
This Resolution adopted after motion, second and super-majority vote.
Done this
day of
,2005.
BOARD.OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to Form and
Legal Sufficiency:
Patrick G. White
Assistant County
~
CU-2005-AR-7749/HW/sp
Page 2 of2
17A
II;,,!,:P
.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-7749
The following facts are found:
1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
CHAIRMAN:
EXHIBIT A
17A
.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
CU-2005-AR-7749
The following facts are found:
1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE:
MEMBER:
EXHIBIT A
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COLLIER COUNTY, lIiIllllDa
FLORIDA ENGINEERING
2350 STI\NfORD COURT
NAPLES, fLORIDA 34112
PHONE (239) 434-0333
fAX (239) 4J4-9320
E.B. 1642 ok L.B. 1642
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17A
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LIVING WORD FAMILY CHURCH
CONCEPTUAL SITE PLAN
OS/20/05
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17A
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CONDITIONS OF APPROVAL
CU-2005-AR-7749
1. The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Living Word Family Church Conceptual Site Plan," prepared by
Johnson Engineering, dated May 20, 2005. The site plan noted is conceptual in
nature for conditional use approval. The final design must be in compliance with
all applicable federal, state and county laws and regulations. The Department of
Zoning and Land Development Review Director may approve minor changes in
the location, siting, or height of buildings, structures, and improvements
authorized by this conditional use, so long as these minor changes remain
consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use
approval, or major changes to the approved plan, shall require the submittal of a
new conditional use application, and shall comply with all applicable County
ordinances in effect at the time of submittal, including Chapter 10.02.03, Site
Development Plan Review and Approval, of the Collier County Land
Development Code, Ordinance 04-41, as amended.
EXHIBIT "C"
CU-2005-AR-7749
17A
..;,'
.
December 5,2005
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2005-AR-7749 - Living Word Family Church
Dear Legals:
Please advertise the above referenced notice on Sunday, December 25, 2005 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Heidi R. Rockhold,
Deputy Clerk
P.O.lAccount # 113-138312-649110
17A
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, January 10,
2006 in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
The Board will consider Petition CU-2005-AR-7749, Living Word
Family Church, represented by Laura Spurgeon, of Johnson
Engineering is requesting a Conditional Use pursuant to Section
2.04.03 (Table 2) of the Collier County Land Development Code
(LDC) for the property to be used for a Church Facility in the
Rural Agricultural (A) zoning district. The subject property,
consisting of 18.1 +/- acres, is located on the south side of
Immokalee Road, approximately 1 Y2 miles east of CR 951 in Section
30, Township 48 South, Range 27 East, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
BOARD OF COUNTY COMMISISONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: //Heidi R. Rockhold, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
Golijity-()fCoIJier
CLERK OF 'T*HB"CIRCUIT COURT
" \
COLLIER COUNTY QaURTij,PUSE
3301 TAMIAMI TliAIL EAi$T
, P.O. BOX 4~a044 ..
NAPLES, FLORIDA ~1101-3044
...;:1 .
~/
17A
.
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
;. ~<~...
December 6, 2005
, ,
:)-;.1
Johnson Engineering
Laura Spurgeon
2350 Stanford Court
Naples, Florida 34112
Re: Petition CU-2005-AR-7449
Living Word Family Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 10,2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 25,
2005.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~,a ~~\.DC
HeIdi R. Rockhold, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
-,,,~.,.....-,--..-,~,....-...,,,,,,,,,,,---,;,.,, "~^"~~' .....~-.'-_._"~._."-,,,.,,.,.'-"..,~,"',--..-.,...-..., .",-
Dwight E. Brock
Clerk of Q;lurts
'Goiinfy-o[-Go11ier
'~- "'-, "
CLERK OF THE C~J.{CUIT COURT
COLLIER COUNTY C,P URTPfP, USE
3301 TAMIAMI T~IL EAiST
, P.O. BOX 4fa044 \,
NAPLES, FLORIDA ~,1101-3044
1( i
,
17A
'....
.
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
_,. ;O:"'~'"
December 6, 2005
" I
:J.~:1
/
Living Word Family Church
521 West Street
Naples, Florida 34108
Re: Petition CU-2005-AR-7749
Living Word Family Church
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, January 10, 2006, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, December 25,
2005.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~.Q.~~.~
l. ~di R. Rockhold, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Emai1: collierclerk@clerk.collier.fl.us
17A
.
Heidi R. Rockhold
From:
Sent:
To:
Subject:
Heidi R. Rockhold
Tuesday, December 06, 2005 11: 12 AM
'Iegals@naplesnews.com'
CU-2005-AR-7749 - Living Word Family Church
Attachments:
CU-2005-AR-77 49 .doc; CU-2005-AR-77 49 .doc
Legals,
Please advertise the above mentioned notice on Sunday, December 25, 2005.
CU-2005-AR-7749. CU-2005-AR-7749.
doc (30 KB) doc (29 KB)
If you have questions, please call... Thanks
Heidi R. Rockhold,
Minutes and Records Departlnent
239-774-8411
(heidi. rockhold@clerk.collier/l. us)
Heidi Rockhold
17A
.
Heidi R. Rockhold
From:
Sent:
To:
Subject:
ClerkPostmaster
Tuesday, December 06, 2005 11: 12 AM
Heidi R. Rockhold
Delivery Status Notification (Relay)
Attachments:
ATT2477226.txt; CU-2005-AR-7749 - Living Word Family Church
12:,"',-,"1
~
r~'71,'
L::.J
ATT2477226.txt ::U-200S-AR-7749-
(231 B) Living Word '''1'1_ . . . II I D I' )' 1\!'Ii'
1 filS IS an automatlca y g:enerate(, e Ive!T k, tatus jvot~lcatlOn.
Your message has been succes.',fitlly relayed to thefollovJling recipients, but the reque:\ded
delivery status' notUlcations IJJ(1Ji not be generated b.y the destination.
I egals(Zpn apt es nevvs. com
Heidi Rockhold
17A
.
Heidi R. Rockhold
Attachments:
System Administrator [postmaster@naplesnews.com]
Tuesday, December 06, 2005 11: 12 AM
Heidi R. Rockhold
Delivered: CU-2005-AR-7749 - Living Word Family Church
CU-2005-AR-7749 - Living Word Family Church
From:
Sent:
To:
Subject:
F:~-,mm?::1
L.::-J
:U-2005-AR-7749 -
Living Word ...
<<CU-2005-AR-7749 - Living rVord Fami(v Church>> y'our message
To: legals@~naples'net-vs.com
Sul?jeet: CU-2005-AR-7749 - Living JYord Fami(v Church
Sent: Tue, 6 Dee 2005 11: 11 :33 -0500
was delivered to thefollmving reeipient(...'):
legals on Tue, 6 Dee 2005 11: 1 1:41 -0500
Heidi Rockhold
CU-2005-AR-7749 - Living Word Family Church
Page 1 of 1
17A
.
Heidi R. Rockhold
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Tuesday, December 06, 2005 11 :46 AM
To: Heidi R. Rockhold
Subject: RE: CU-2005-AR-7749 - Living Word Family Church
OK
-----Original Message-----
From: Heidi R. Rockhold [mailto:HeidLRockhold@c1erk.collier.fl.us]
Sent: Tuesday, December 06,2005 11:12 AM
To: legals@naplesnews.com
Subject: CU-2005-AR-7749 - Living Word Family Church
Legals,
Please advertise the above mentioned notice on Sunday, Decenlber 25, 2005.
<<CU-2005-AR-77 49.doc>> <<CU-2005-AR-77 49.doc>>
Jfyou have questions, please call... Thanks
Heidi R. Rockhold,
Minutes and Records Department
239-774-8411
(heidi. rockhold@clerk.collierfl.us)
12/6/2005
Naples Daily News: Classifieds Results
Page 1 of 1
17A
.
Ordinances and Petitions - CU-2005-AR-7749 NOTICE OF PUBLIC HEARING Notice is hereby given that
the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 10,
2006 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East
Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-
2005-AR7749, Living Word Family Church, represented by Laura Spurgeon, of Johnson Engineering is
requesting a Conditional Use pursuant to Section 2,04,03 (Table 2) of the Collier County Land Development
Code (LDC) for the property to be used for a Church Facility in the Rural Agricultural (A) zoning district, The
subject property, consisting of 18,1 +/-' acres, is located on the south side of Immokalee Road,
approximately 1 miles east of CR 951 in Section 30, Township 48 South, Range 27 East, Collier County,
Florida, NOTE: All Persons wishing to speak on any agenda item must register with the County
Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited
to 5 minutes on any item, The selection of an individual to speak on behalf of an organization or group is
encouraged, If recognized by the Chair, a spokesperson for a group or organization may be allotted 10
minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In
any case, written materials intended to be considered by the Board shall be submitted to the appropriate
County staff a minimum of seven days prior to the public hearing. All material used in presentations before
the Board will become a permanent part of the record. Any person who decides to appeal a decision of the
Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which
the appeal is based, BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRED W. COYLE,
CHAIRMAN DWIGHT E, BROCK, CLERK By: //Heidi R. Rockhold, Deputy Clerk (SEAL) Dee. 25 No. 1277746
Start Date: 12/25/2005 Stop Date: 12/25/2005
http://marketplace.naplesnews. comlmach2/nap/ search/SearchAds.action ?CatId =notices&... 12/2 7/2005
Naples Daily News
Naples, FL 34102
Affidavit of publication
Naples Daily News
---------------- - .-------------------------------+-------------
I
BOARD OF COUNTY COMMISSIONERS
CHERI LEFARA
PO BOX 413016
NAPLES FL 34101-3016
REFERENCE: 001230
59151159
113138312649110
CU-2005-AR-7749NOTIC
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: th2r 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: 12/25 12/25
112.000 INCH
Sworn to and Subscribed
---
before me this J...M. day of JOdl/P /1 .
~ //
?-v'-:YI..L-.?;1' t....-rJ!:~
" /
Personally known by me
200C:
17A
.
CU.ZOOS-AR.7749
NOTICE OF
PUBLIC HEARING
Notice II hereby given
that the iloard Of CountY
commlulonerl of Col.-
lIer County will hold a
I!ubllc hearing on Tuu-
day, January 10, 2006 In
the Boardroom, 3rd
Floor. Admlnlltratlon
Building, Collier County
Government Center.
I 3301 EHt Tamlaml Trail.
Napln. Florida. The
meeting will begin at
9:00 A.M.
The Board will consider
Petition CU-200S.AR.
7749. Living Word Family
Church. represented b:l'f
Laura Spurgeon. 0
Johnson Engineering ,II
requelttng a conditiOnal
Use pursuant to section
2.04.03 (Table 2) of the
Collier County Land De.
velopment code (LDCl
for the property tUlle
used for a CtlurCft F_,. -
ty In the Rural AllI'I~Ul-
tural (Al zonlng'dl$tl'ICt.
The sublectProperty,
consisting of 18.1 +7-
acres. II located on tile
5OllthlldllOf
Road~ ap.llrolllmC,RelY 1
Yo miles east of 951
In Section 30, Township
48 SOUth. Range 21 East.
Collier CountY. Florida.
NOTE: All Pe\'$OI'lI wish-
~=~n~l.
ter with the CountY Ad.
mlnlstl'ator frlor !.l.'J~
$entation 0 the.......-.-
Item to be adctreued.
I Individual speakers will
be limited to 5 mlnute5
on lIl1:1' Item. The Hlec-
tlon Of an IndMdual to
speak on behalf of an
organization or group is
encO!.lragecl. If recog-
nized by the Chair. a
. IPokupenon for a
~u~0~1I2r~a~r~
ute I toslleak on an
Item. '
p,lIrlonswllhii!t,J'\', t.o
have wrltttltl or hlc
m:t~=.n , ~:
ets rnq., t '$aid
~'. of 3
weekJ prior. ere.
IPectMi lng.
l~..t:rs ' Yo~
shall be 11.1 mltted to
the appropriate County
Itaff a minimum of sev.
'r!fM;:.,o,.~~
tlons b$fOl'e . "".ll.<lard
will beCome ~ma.
nent (lIItof thlt, .
Any persQQ who decld.
~:. a=~~o~
record, ,ofth.",,~ed.
Ings perta,11'Im,ttlereto
andther.fore, may
need to IIn.~,r. that a
, illIrbll.tlm r~td.f the
. . procl!ectlnlll .. made.
, " , , In ludes
evl,
the
80ARD OF CO.UNTY\
~(~Jtfm~~~
~.CQYLI, CHAIR-
~IGHTE.IAOCK.
CLER~~R. IloCkhold,
ti ' NO. 1277746
17A
.
MEMORANDUM
Date:
January 11, 2006
To:
Heidi Williams
Planning
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-03
Enclosed please find a copy of the document referenced above, (Agenda Item
#17 A), which was approved by the Board of County Commissioners on
Tuesday, January 10,2006.
If you should have any questions, please contact me at 774-8411
Thank you.
Enclosure
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 ~ 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, [fthe document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines #lthrou h #4, com lete the checklist, and forward to Sue Filson (line #5),
Route to Addressee(s) Office Initials Date
(List in routin order)
1.S~~
2.
3.
c\ _ C; - 4d2k\Av:C.
(The primary contact is the holder ofthe 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 BCe has acted to approve the
item,)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
4.
',,-
5. Sue Filson, E ecutive Manager
Board of County Commissioners
:l { 3 - ;;;;!/9,J
Ii-A
l
Yes
(Initial)
N/A (Not
A licable)
6. Minutes and Records
Clerk of Court's Office
w
~
y,/O!
r)/JI
;2/11-
j'Jfi.L-
N/A is not
an option for
line 6.
PRIMARY CONTACT INFORMATION
s
Phone Number
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26,05, Revised 2,24,05
Agenda Item Number
Number of Original
Documents Attached
-63
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bec office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on ) ~ {j (enter date) and all changes
made during the meeting have been incorporat d i the attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
2.
3,
4.
5,
6.
17A
.
RESOLUTION NO. 06- ~
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE PURSUANT TO SECTION
2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) FOR THE PROPERTY
TO BE USED FOR A CHURCH FACILITY IN THE
RURAL AGRICULTURAL (A) ZONING DISTRICT,
FOR A 18.1-ACRE PROPERTY LOCATED IN SECTION
30, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to
establish, coordinate and enforce zoning and such business regulations as are necessary
for the protection of the public; and
WHEREAS, pursuant thereto the County has adopted a Land Development Code
(Ordinance No. 04-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County,
among which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of
the proposed Conditional Use, allowed by Section 2.04.03, Table 2 of the Collier County
Land Development Code, in the Rural Agricultural (A) zoning district to be used for a
Church Facility on the property hereinafter described, and the Collier County Planning
Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and
arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 1O.08.00.D. of the Land Development
Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED by The Board of Zoning Appeals of
Collier County, Florida, that:
The petition filed by Laura Spurgeon of Johnson Engineering representing Living
Word Family Church with respect to the property described as the West Y2 of the East Y2
of the West Y2 of the Northeast 1,4 less the South 10' thereof and the North 10' thereof for
road right-of-way of Section 30, Township 48 South, 27 East, Collier County, Florida,
less and except the right-of-way of Immokalee Road (County Road 846) as recorded in
Official Records Book 3252, Page 230 of the Public Records of Collier County, Florida,
further described as Folio number 00214920002, be and the same is hereby approved for
a Conditional Use allowing a Church Facility, as allowed by Section 2.04.03, Table 2 of
Page 1 of 2
17A
.
the Collier County Land Development Code in the Rural Agricultural (A) zoning district
in accordance with the Conceptual Master Plan (Exhibit flBfI), subject to the conditions
set forth in Exhibit "C", which is attached hereto and incorporated by reference herein.
This Resolution
",r/;
I u ~ day of
motion, second and super-majority vote, this
,2006.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By: ~W. r~~
Fred' W. Coyle .C~~
, '
. .
ATTES,t:, , ,:, . '_.,
DWI~MT'E.' BR~~:..<tLERK
JJC
, ',H I
~~.f,:.~~fo' ~h4~=n"
ItONt.... onl-
CU-2005-AR-7749/HW/sp
Item# ~
Agenda I-lb {io
Date
~~~d L:11:11o
Page 2 of 2
17A
.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2005-AR-7749
The following facts are found:
1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because
of:
A. Consistency with the Land Development Code and Growth Management Plan:
YesL No_
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No_
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or ~ Affect mitigated by &::x)e)J Ut.vl Ye./~~
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes ~"No
Based on the above findings, this conditional use should, with stipulations, (copy attached) be
recommended for approval to the Board of Zoning Appeals.
DATE: 1ft I ----0 ';j
CHAIRMAN:
(h~)
EXHIBIT A
17A
.
\ IMMOKALEE ROAD ~
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COLLIER COUNTY,
FLORIDA
jOl-lNS
DI1
ENGINEERING
SHEET
EXHIBIT G
:::':=' '"d n
tr:l>~C:
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2350 STANFORD COURT
NAPLES, FLORIDA 3411'2
PHONE (2J9) 434-0333
FAX (2351) 434-9320
E.8. 1642 .& I...e. 1642
LIVING WORD FAMILY CHURCH
CONCEPTUAL SITE PLAN
DATE
OS/20/05
17A
.
CONDITIONS OF APPROVAL
CU-200S-AR-7749
1. The Conditional Use is limited to what is shown on the conceptual site plan,
identified as "Living Word Family Church Conceptual Site Plan," prepared by
Johnson Engineering, dated May 20, 2005. The site plan noted is conceptual in
nature for conditional use approval. The final design must be in compliance with
all applicable federal, state and county laws and regulations. The Department of
Zoning and Land Development Review Director may approve minor changes in
the location, siting, or height of buildings, structures, and improvements
authorized by this conditional use, so long as these minor changes remain
consistent with all applicable development standards.
2. Expansion of the uses identified and approved within this conditional use
approval, or major changes to the approved plan, shall require the submittal of a
new conditional use application, and shall comply with all applicable County
ordinances in effect at the time of submittal, including Chapter 10.02.03, Site
Development Plan Review and Approval, of the Collier County Land
Development Code, Ordinance 04-41, as amended.
3. The project must obtain an environmental resource permit from the South Florida
Water Management District (SFWMD) prior to issuance of any site plan
approvals.
4. The applicant will provide, at the County's request, a wellsite easement located in
a previously impacted area in the southeast portion of the subject property
measuring approximately 50 feet by 70 feet, to be accessed via the Cannon
Boulevard access easement. The County will obtain all necessary South Florida
Water Management District permits associated with utilization of the site for the
requested purpose.
5. Services will be limited to evenings, weekends and holidays until the Immokalee
Road (CR 846) widening project is complete from Wilson Boulevard to Collier
Boulevard (CR 951).
6. No day care facilities are approved as a part of this Conditional Use petition.
EXHIBIT "C"
CU-200S-AR-7749