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Backup Documents 01/24/2006 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING JANUARY 24, 2006 01/12/20@0 09:50 2392534854 f1APLESDAIL Y PAGE 11/11 Naples Da~"y News Napl.es, I"L 34102 Affidavit of Publication Naples Daily News ---~------------------_._-------------------------+--------------------------- BOARD OF COUNTY COMM,SSION~RS :HERI LEFARA 1'0 !lOX 413016 NAPLES FL 34101-3015 REF8RENC~, 00~Z30 S~~6SSG7 4500C57109 NOrICE OF PC~LIC NEE Stat:e of 1'101"ida County of Collier Before the undersigned a~thorityt personally appeared B. Laro~, who on oath says that she serves I a~ Assistant Cor~orate Secretary of the Naples Daily News, a da~ly newspaper published at Naples, in Collier countr. Plorida: that the attached copy of advertis!ng was published in ~aid ~ew5paper on dates listed. Affiant further says ehat the said N~ples Daily ~ews is a newspaper ~ubli.hed at Naples, in said Collier CountYt ~lor1dat and th~t the said r.ewsflaper has he;l;;etofore been continuoulily pub11shed in .aid Collier Councy, Florida, each day and haa been entered as second class mail ma~cer 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 ad~erti"~m~nt:; and affiant further says ~hat she has ~eithQr paid nor Eromised any peraon, firm or co:rporaeior. any discount. rebate, co~mission or zefund for the purpose ot securing this advertisement for publiction in the said newspaper. N~E,pi!'lIIiiie'IMi!TIN. BOIlAOOf COUNTY _lssiON!~S, CQL'I!~ . .. COUNTYI-FLCilIItA ,M .r.....~_IICI_tlno on ..,._ Jl1nlllUyZ4tZOOUI'OO'N. . .=Notlcd' I. h-tP1!b)' DI"'~ :.th.~ thtCOII'lef r;o1l'l'ty Ofcttl~ CONimHI~I(lI rl Mil m"IlI1: in tl'lil .. 'fn I". "'Il!lo' '" thO 'oW ..... ~""'n TU.""" .. dlllll(""" ",J'~I I"" C."" g. -"'0llt~''''1llt.".. t ..."."', I)t1dl,tlUlllftDllI".' tlnthl! 'I' I 'kI N attr. gv~lton ~~~~~s."fI':~~= ". ..~tJi... ttIIn I:C .. =~~..~':':L~I,,~~.n ~__. ..._.... N ii~ PUSLlSHED ON, 01/10 01/10 AD SPACE, 44,000 INCH FILED ON, 01/10/06 ~::~:~~::":~ .~~~:~~:_ ___)_,U~_ ___ ____ _ ______~- __"u. _ _.. _ _ _____ _ ______ __ Sworn to and Subscd oed "before me t:his JCJe!!: day of V1'" , 20d{., Personally known by ne K~, A . .e~8f ~tl.-d ~~~i:~I",~.. Harriett Bus~ f"?'~'1h MVCOMMSSICI'H 00214!89 EXPIR~S .*. ."'~ \", .' , Ju~ 1<, 2001 .~r,i,if.~' BCNOromtU TRC," fAlf( INSU~Ht:t INC COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tt' "- .-.. ' --.,.._,-':;:;:,~ ' AGENDA January 24, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. 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 VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page I January 24, 2006 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Major Timothy Roberts, Salvation Army 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended, (Ex Parte Disclosure provided by Commission members for summary agenda,) Approved and/or Adopted with changes - 4/1 (Commissioner Henning opposed) B. November 15,2005 - BCC/Regular Meeting Approved as presented - 5/0 C. November 16, 2005 - BCC/Continuation Regular Meeting Approved as presented - 5/0 3. SERVICE A WARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation designating February 5 through 10,2006, as Scout Week. Adopted - 5/0 B. Proclamation designating January through December 2006, as the Year of Economic Diversification, To be accepted by Tammie Nemececk, President, Page 2 January 24, 2006 Economic Development Council of Collier County; and Todd Gates, President and CEO, Gates McVey, Adopted - 5/0 To be presented immediately following Item #5B C. Proclamation recognizing South Florida Water Management District for their efforts to preserve and protect our water resources, To be accepted by Clarence Tears, Director, Big Cypress Basin, Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Mary Beck, Executive Secretary, Administrative Services Division, as "Employee of the Month" for January 2006, Presented B. South Florida Water Management District in Collier County Year End Review, Twenty-Minute Presentation by Clarence Tears, Director, Big Cypress Basin and Carol Wehle, Executive Director, SFWMD, Presented 6. PUBLIC PETITIONS A. Public Petition request by Jean Benefico to discuss Vanderbilt Beach parking garage fees, To be brought back to the February 14, 2006 BCC meeting with additional information in regards to optional fees Item 7 and 8 to he heard no sooner than 1 :00 V.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CUE- 2005-AR-8568, Golden Gate Seventh Day Adventist Church, represented by Blair Foley, PE, requesting a one year Conditional Use Extension as allowed per LDC Section I 0,08,00E3, Conditional Use 2002AR-1943 was approved by the Board of Zoning Appeals (BZA) on October 22, 2002 (Resolution No, 02- 435) of the Agricultural- Mobile Home Overlay (A-MHO) for churches and Page 3 January 24, 2006 places of worship, The subject property, consisting of 4,56 acres, is located on the east comer ofImrnokalee Road and Rivers Road, in Section 30, Township 48 South, Range 27 East, Collier County, Florida, Resolution 2006-21 - Adopted 4/1 (Commissioner Coletta out) 8. ADVERTISED PUBLIC HEARINGS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. 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 square feet, renovate the existing hotel into a condominium building with 56 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, Collier County, Florida, This property consists of 4,02 acres and is located at 1100 Pine Ridge Road, Ordinance 2006-06 - Adopted wlstipulations 4/1 (Commissioner Henning Opposed) B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR- 8382: Cleveland Clinic Florida, represented by Jeffrey Nunner, P,E., of Nunner Group LLC, is requesting the second 2-year extension of the Astron Plaza PUD in accordance with LDC Section 10,02.l3,D,5 (a), The subject property, consisting of 8,56 acres, is located on the south side of Pine Ridge Road and the north side of 10th Street S, W, in Section 17, Township 49 South, Range 26 East, Collier County, Florida, Continued to February 28, 2006 at Petitioner's request - Approved 5/0 C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR- 8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold, of Q, Grady Minor and Associates, P,A, and R, Bruce Anderson, of Roetzel & Andress, is requesting a 2-year extension to the ASGM Business Center of Naples PUD, The PUD was originally approved on October 8, 2002 as Ordinance 02-47, and sunset on October 8, 2005, The subject property, consisting of 40,88 acres, is located on the east side of Collier Boulevard, Page 4 January 24, 2006 approximately of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida, Continued to February 14, 2006 at Petitioner's request - Approved 4/0 (Commissioner Coletta out) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Code Enforcement Board, Resolution 2006-19: Re-appointing George P. Ponte and Gerald J. Lefebvre, and appointing as a regular member versus an alternate, Larry Dean Mieszcak and re-advertise for the 4th position - Adopted 5/0 B. Appointment of member to the Golden Gate Community Center Advisory Committee, Resolution 2006-20: Appointing Vicki N. Clavelo - Adopted 5/0 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11 :00 a.m. Recommendation to consider the Habitat Conservation Plan Advisory Committees recommendation to explore the feasibility of a multi-species Habitat Conservation Plan, (Joseph K. Schmitt, Community Development and Environmental Services Administrator) Motion to explore the feasibility of the HCP Advisory Committee and to add members to the Committee, expanding it to 13 individuals; County Attorney to bring back a resolution for review before advertising for available positions - Approved 4/1 (Commissioner Henning opposed) B. Report to the Board of County Commissioners in response to a Public Petition by Mr. Thomas E. Selck regarding the issuing of Building Permit No, 2005080737 for the construction ofa single family home located at 3560 21st Avenue SW, Golden Gate Estates, (Joseph K, Schmitt, Community Development and Environmental Services Administrator) Presented C. Recommendation to approve the Courthouse renovations for additional courtrooms, Judges Chambers and additional Judges parking with Kraft Construction under contract number 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, Project budget is $3,034,000,00 (Len Price, Administrator, Administrative Services) Page 5 January 24, 2006 Approved 4/0 (Commissioner Coletta out) D. Recommendation to award Annual Contract for Instrumentation, Control, Telemetry and SCADA Integration Services pursuant to RFP 06-3916, in the estimated annual amount of$I,200,000, (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 E. Recommendation to award Bid Number 06-3898 for the purchase of chemicals for use by the Water and Water Reclamation Departments in the estimated annual amount of$2,000,000, (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 Continued to February 14, 2006 F. Recommendation to approve Amendment No, 1 to Contract 05-3854 Collier County Beach Re-nourishment (Project 90527) with Great Lakes Dredge & Dock Company, LLC which documents contract negotiations leading up to a final contract and increases the sand quantity due to post design erosion for an additional $1,045,825, (Gary McAlpin, Principal Project Manager, Tourism) G. Recommendation to approve specific glitch language to the 2005 Growth Management Bill that addresses Collier County's concerns with concurrency and proportionate share that will be presented to state legislators for inclusion in 2006 legislation, The materials for this item will be provided to the Board of County Commissioners before January 23, 2006, (Debbie Wight, Assistant to the County Manager) Approved - 5/0 Moved from Item #16Dl H. Recommend approval and execution of the attached Utility Easement Agreement to Caribbean Venture of Naples, LLC. Approved - 4/1 (Commissioner Henning opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Bob Shank - Collier County Fair Board to invite the Commissioners and the public to the 40th Annual Collier County Fair February 3 to February 12, 2006 B. Houston Thompson - Parking Ordinance on streets Page 6 January 24, 2006 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners adopt a Resolution Superseding Resolution No, 94-136, and providing guidelines for consideration of applicants for appointment to Advisory Boards, Continued to February 14,2006 BCC meeting - Approved 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd - Beach Renourishment B. Jim Mudd - Caribbean Gardens Zoo Parcels C. David Weigel- Closed Session at February 14, 2006 meeting during lunch "Collier County vs. North Naples Fire Control District" D. Commissioner Henning - Riviera Golf Course E. Commissioner Fiala - Riviera Golf Course F. Commissioner Fiala - Reference guide rec. from David Weigel G. Commissioner Coletta - Weed and Seed program in Immokalee H. Commissioner Coyle - Riviera Golf Course I. Commissioner Coyle - Legislation re: Property Taxes J. Commissioner Halas - Impact Fee Review Task Force Committee K. Commissioner Coletta - Re: Two letters offering thanks to John Faxton for all his time and effort and congratulate him for being named to the Chair of the Southwest Regional Planning Council L. Sue Filson - Re: Southwest Florida Expressway Authority, Governor is making appointment this week for Collier County ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/changes -5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Page 7 January 24, 2006 1) Recommendation to approve for recording the final plat of Classics Plantation Estates, Phase Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security, W /stipulations 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat ofIndigo Lakes Unit Five, The roadway and drainage improvements will be privately maintained, Resolution 2006-11 3) Recommendation to approve for recording the final plat of Ave Maria Phase One, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security, W /stipulations 4) Recommendation to approve an Agreement for Sale and Purchase with Luis Santos, Jr., and Maria Leonor Santos for 5,7 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $194,750, Located in Golden Gate Estates 5) Recommendation that the Board of County Commissioners approve a resolution superceding Resolution 05-409, which established procedures and a regulatory process program for expediting the development review process for qualified Economic Development Council Fast Track projects, in order to correct timeframes for two of the development review processes, Resolution 2006-12 6) Recommendation to approve final acceptance of water and sewer utility facilities for Forest Park, Phase 2, W/reduction and/or release ofthe Utilities Performance Security B. TRANSPORT A nON SERVICES 1) Recommendation to approve the Transportation Disadvantaged Service Plan Update FY 2006, Page 8 January 24, 2006 As detailed in the Executive Summary 2) Recommendation to award Bid #06-3927 Goodlette Frank Road (Pine Ridge Road to Vanderbilt Beach Road) Landscape Maintenance Annual Contract to Advanced Lawn and Landscaping Services, Inc, in the amount of $151,793.40 (Project #601345), 3) Recommendation to authorize the County Manager or his designee to execute the attached Federal Transit Administration Section 5310 grant application and applicable document, and to accept the grant if awarded, Resolution 2006-13 4) Recommendation to award Bid #06-3928 Livingston Road (Vanderbilt Beach Road to Immokalee Road) Annual Landscape Maintenance Contract to Commercial Land Maintenance in the amount of $189,398.40 (Project #620717), 5) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program in the amount of $112,834,14 and recognize Carry Forward in the amount of $162,934,00 for Project No(s), 690821, 600331, 690811, 690822, 600321 and 600501 for a total amount of $275,768.14, For the construction of sidewalk/bike paths and bike lanes 6) Recommendation to award Bid #06-3926 Golden Gate Parkway (Livingston Road to 66th Street) & (60th Street to Santa Barbara Blvd,) Annual Landscape Maintenance Contract to Advanced Lawn & Landscaping, Inc, in the amount of $117,887.90 (Project 600277), 7) Recommendation to authorize the County Manager or his designee to execute the attached Federal Transit Administration Section 5311 grant application and applicable document, and to accept the grant if awarded, Resolution 2006-14 8) Recommendation to reject the bid for construction of Collier Boulevard Six-Lane Improvements (Golden Gate Boulevard to Page 9 January 24, 2006 Immokalee Road), Bid No, 05-3881, (Project No, 65061, CIE No, 37) submitted by Better Roads, Inc. As detailed in the Executive Summary C. PUBLIC UTILITIES 1) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments, Fiscal impact is $60,00 to record the Satisfactions of Lien, Resolution 2006-15 2) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments, Fiscal impact is $170,00 to record the Satisfactions of Lien, Resolution 2006-16 D. PUBLIC SERVICES Moved to Item #10H 1) Recommend approval and execution of the attached Utility Easement Agreement to Caribbean Venture of Naples, LLC. 2) Recommendation to approve an entertainment contract with CDB, Inc, for $35,000 for a performance by The Charlie Daniels Band at the 8th Annual Country Jam, Held March 10-11,2006 at Vineyards Community Park 3) Recommendation to approve the Summer Food Service Program Grant in the amount of$588,400 for FY2006, To provide free nutritious meals during the summer to Collier County children living in disadvantaged neighborhoods E. ADMINISTRATIVE SERVICES Page 10 January 24, 2006 1) Approve a budget amendment in the amount of$153,600 for upgrades to the Immokalee Government Center to accommodate the Clerk's back-up computer system. To provide continuity in operations in the event their main system fails 2) Recommendation to approve and execute the attached Lease Agreement with George Vega, Tom Brown, Larry Martin and Jack Stanley, AKA Palm Lake Investments, for temporary office space to house the Office of the Public Defender during construction of the new Courthouse Annex building at a first year's annual rent of $173,785,68 and relocation expenses of$63,000, Project 52004-1, Located at 2660 Airport Road, for a lease term of two years beginning March 1, 2006 3) Recommendation to ratify additions to, modifications to and deletions from the 2006 Fiscal Year Pay and Classification Plan made from September 18,2005 through December 30, 2005, 4) Recommendation to approve a General Release on behalf of Collier County Government in the matter of the State of New York versus Willis Group Holdings Ltd" Willis North America Inc, and Willis of New York Inc, (collectively Willis) in exchange for consideration in the amount of $2,852.43, As detailed in the Executive Summary F. COUNTY MANAGER 1) Recommendation to approve Sovereign Medical, LLC as the sole source vendor for the purchase of EZ-IO adult intraosseous infusion systems by the Emergency Medical Department at a cost of $29,700,00, To provide rescue personnel state of the art intra osseous infusion devices 2) Recommend Approval of Work Order HM-FT-327 1-06-03 under contract 3271 with Humiston & Moore Engineers to provide engineering services and construction engineering inspection (CEI) for maintenance dredging of Clam Pass for a not -to-exceed, Time and Material price of$59,820,00 and approve a revised project budget Page 11 January 24, 2006 (90028) totaling $265,000 which includes $205,180 for construction dredging and approve all necessary budget amendments, To assure proper mangrove flushing due to beach erosion 3) Recommendation to approve Grant Agreement #06-DS-3W-09-21-01 between the Florida Department of Community Affairs and Collier County accepting $52,957 to fund Homeland Security and Emergency Preparedness Initiatives and approve a Budget Amendment to recognize and appropriate the grant funds, For conducting exercises, training workshops, emergency planning activities and enhancement for Citizen Corps programs 4) Recommendation to award RFP# 05-3864 in the amount of$121,775 to Vision Internet for the redesign of the Collier County government web site, For changing the County website from a department-centered to a customer-centered design 5) Recommendation to reject Bid #05-3891 for the purchase of Emergency Medications, 6) Recommendation to approve budget amendments, To fund ongoing expenses from palm lethal yellowing in Collier County 7) Recommendation to approve a Florida Emergency Medical Services County Grant Application, Grant Distribution Form and Resolution for Training and Medical/Rescue Equipment and Supplies in the amount of $137,829,00, Resolution 2006-17 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests reimbursement to attend the EDC's 30th Anniversary Kickoff Celebration on January 30, 2006 at the Page 12 January 24, 2006 2) 3) Withdrawn 4) Naples Beach Hotel and Golf Club; $60,00 to be paid from Commissioner Fiala's travel budget Commissioner Coletta requests reimbursement for having attended the Los Tres Reyes Magos Celebration sponsored by The Naples Hispanic Chamber of Commerce on January 6, 2006 and is requesting reimbursement in the amount of$35,00, to be paid from his travel budget At the Best Western Naples Plaza Hotel Commissioner Coletta requests reimbursement to attend "Candidates Night 2006" on February 3, 2006 and is requesting reimbursement in the amount of $40.00, to be paid from his travel budget At the Collier County Athletic Club Commissioner Halas requests Board reimbursement to attend the Economic Development Council's breakfast event to be held on January 25,2006 at LaPlaya Beach Resort Reimbursement of $39,00 to be paid from Commissioner Halas' travel budget 5) Commissioner Halas requests reimbursement to attend the Economic Development Council's Anniversary Kickoff Celebration at Naples Beach Hotel to be held on January 30, 2006, Reimbursement of $60,00 to be paid from Commissioner Halas' travel budget To interact with constituents, business and community leaders I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous correspondence to file for record with action as directed, J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners authorize Public Utilities Engineering Department Staff and the Office of the County Attorney to pursue all legal remedies to recover lost revenue caused by Focus Engineering, Tnc, Page 13 January 24, 2006 2) Board approval of amendment to Memorandum of Agreement/Letter of Understanding for the Board of County Commissioners and for the County Manager with the Pelican Bay Services Division Board pursuant to Collier County Ordinance No, 2002-27, as amended, (Companion to Item #17E) Moved to Item #17E 3) An Ordinance amending Collier County Ordinance No. 2002-27 creating the Pelican Bay Municipal Service Taxing and Benefit Unit; providing for: modification of purpose relating to the mangrove forest preserve; change of name of advisory committee to the Pelican Bay Services Division Board; revision of appointment procedures upon vacancy; revision of duties of the advisory committee (Pelican Bay Services Division Board) and the County Manager; multiple vice chairs; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date, 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE 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. 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, Collier County, Florida, Ordinance 2006-02 Page 14 January 24, 2006 B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. SE-2005-AR-8626: Barron Collier Companies, represented by Bruce E. Tyson, RLA, AICP, of WilsonMiller, is requesting a Scrivener's Error on the Winding Cypress DRL The subject property is located in Section 26, Township 50 South, Range 26 East, Collier County, Florida, Resolution 2006-18 C. Recommendation that the Board adopt the attached Ordinance to authorize airport-type searches of individuals who enter the W, Harmon Turner Building (Administration Building) at the main Government Complex, Ordinance 2006-03 D. Recommendation to approve an Ordinance amending Chapter 22, Article IV, of the Collier County Code of Laws and Ordinances, commonly referred to as the Excavation Ordinance, Ordinance 2006-04 Moved from Item #16K3 E. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. An Ordinance amending Collier County Ordinance No, 2002-27 creating the Pelican Bay Municipal Service Taxing and Benefit Unit; providing for: modification of purpose relating to the mangrove forest preserve; change of name of advisory committee to the Pelican Bay Services Division Board; revision of appointment procedures upon vacancy; revision of duties of the advisory committee (Pelican Bay Services Division Board) and the County Manager; multiple vice chairs; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. (Companion to Item #16K2) Ordinance 2006-05 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 15 January 24, 2006 r 2A . AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Januarv 24, 2006 Item 10A: In the Executive Summary under Consideration, it should have been stated that the vote of the Habitat Conservation Plan Advisory Committee was 6:1, with Advisory Committee member Mike Delate in opposition (rather than a unanimous vote,) (Staff's request) Item 10E: Note that in the Executive Summary under Considerations, the primary vendor for Potassium Permanganate should be "F2 Industries", rather than "FS" Industries, (Staff's request) Continue Item 10F to the Februarv 14, 2006 BCC meeting: Recommendation to approve Amendment No, 1 to Contract 05-3854 Collier County Beach renourishment (Project 90527) with Great lakes Dredge & Dock Company, llC which documents contract negotiations leading up to a final contract and increases the sand quality due to post design erosion for an additional $1,045,825, (Staff's request.) Item 16A5: The County Attorney suggests that the Board adopt a new resolution replacing (superceding) Resolution No, 05-409 rather than amending Resolution No, 05-409, (County Attorney's request) Withdraw Item 16H4: Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose, Commissioner paid in advance to attend the Economic Development Council's breakfast event to be held on January 25, 2006 at laPlaya Beach Resort, Reimbursement of $39,00 to be paid from Commissioner Halas' travel budget. (Commissioner Halas' request.) Item 16K2: (Note that this is a companion item to 17E, originally 16K3,) Board approval of amendment to Memorandum of Agreement/letter of Understanding for the Board of County Commissioners and for the County Manager with the Pelican Bay Services Division Board pursuant to Collier County Ordinance No, 2002-27, as amended, (Staff's request) Move Item 16K3 to 17E: (This is a companion to Item 16K2), An ordinance amending Collier County Ordinance No, 2002-27 creating the Pelican Bay Municipal Service Taxing and Benefit Unit; providing for: modification of purpose relating to the mangrove forest preserve; change of name of advisory committee to the Pelican Bay Services Division Board; revision of appointment procedures upon vacancy; revision of duties of the advisory committee (Pelican Bay Services Division Board) and the County Manager; multiple vice chairs; providing for conflict and severability; providing for inclusion in Code of laws and Ordinances; and providing an effective date, Also, the following sentence is to be added to Section Eight: "In the event that there are no prior unsuccessful candidates available for appointment to the PBSD Board as provided herein, the vacant position shall be filled pursuant to the procedures of Collier County Ordinance No, 2001- 55 including as may be amended or its successor ordinance," (Staff's request) NOTE: On November 1, 2005, the BCC approved the minutes of the Value Adjustment Board-Special Magistrate hearings from the September 23, 2005, The name of the Property Appraiser needs to be corrected, Guy Carlton's name was inadvertently placed in the minutes rather than Abe Skinner, Time Certain Items: Item 4C to be presented immediatelv following Item 5B, Proclamation recognizing South Florida Water Management District for their efforts to preserve and protect our water resources, Item 10A to be heard at 11 :00 a,m,: Recommendation to consider the Habitat Conservation Plan Advisory Committee's recommendation to explore the feasibility of a multi-species Habitat Conservation Plan, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, 4A . PROCLAMA TION February d" through February td", 2006, commemorates the 96'" Anniversary of ScoutifI!J in the /.Inited States of America: and, over 110,000,000 YOllfl9 men and women hove participated nationwide in ScoutifI!J programs, 0 number of which live within the Collier County area: and, the Boy Scouts of America is officially chartered by the /.Inited States COfl!Jress: and, the Charter pravides for on edueational program for boys and youfI!J adults to build character, citizenship, and personal fitness: and. the Mission of the Boy Scouts of America is to prepare youfI!J people to make ethical and moral choices over their lifetimes by instillifI!J in them the values of the Scout Oath and Low: and, . . .". " -' -, '-", -- ~'-;~:~~ '-"~_\ . the Boy Scouts of Aiqmca;s the' I~n youth troinifI!J o"9anization in the world, developifI!J leadership skills among the boys and 9irls participatifI!J in the program: and, . _ ,N . : ; ,,' j. almon 2,300 youth ore actlvely,participating In'$couting programs within the 9I8Q9raphic boundaries of Collier County: and, alm6St 700 adult volunteers in Collier CountY sef'Vtl os leaders, mtultors, and trainers for the youth participating in Cub Scouts, Boy Scouts, Venturers, Explorers, and Learning for Life: and, WHEREAS, during the week of Februory d" through td", local scouting units will be hostifI!J numerous events throughout our community in celebration of the founding of the Boy Scouts of America including Scout Sunday servicu,Vo"." houses,at their meeting pIQCu,N~munity service prajects, and spaf/S(1ring+!a booth, in the Fami/y,t./ving Tent at the Collier County Fair and ATicultural Expasition;;, " ,;;>J.",.A" " '"" " :.' '.,y' 4f\:~I:'F"~-':~J'~':-, " ,:j,:,-.-- ::' w_~-:! NOW THEREFORE, be it proclaimed by'th.~'8tHircftJf county Commissioners of Collier County, Florida;' that February 5'h through February td", 2006, be desf9nated as Scout Week DONE AND ORDERED THIS 24'" Day of January, 2006. BOARD OF CO/.lNTY COMMISSIONERS COLLIER CO/.lNTY. FLORIDA /-- h ::::.:.2 < 5,,/'-/?L---Z? --- FRANK HALAS, CHAIRMAN ~~~~L DWI~ E. 8. OCI(, CLERK , ~ ""...-<< ~'-~... 't~..- .......:J'O ~l.~ _ _~ '. /' ~. ..!. ~.. ~\ ~//fj.., '. . :'''''':", ~ ';.- ~ ,.... .. ~ ~, -'" ~ ~, ':~., , .i ~. :. .~.'t,_ 'l:' "~ '""i',v ~ ',";;:,..... ~, \~~~"'-_. ,.~ 48 . PROCLAMA TION WHEREAS, over the past 30 years, the Economic Development Council has played an essential role in Collier County's growth and economic health: and, WHEREAS, Collier County leadership has focused on creating a sustainable and diversified economy: and, WHEREAS, the Economic Development Council of Collier County has helped to create and retain high wage jobs and expand existing industries, as well as assisted new industries to relocate to the community: and, WHEREAS, the Economic Development Council of Collier County has assisted our community to obtain upward mobility and an improved quality of life through economic diversification: and, , WHEREAS, during the period of January 2006 through December 2006, the Economic Development Council of Collier County WIll continue to strive for increased wealth and prosperity for our community and citizens by ensuring job opportunities through economic diversification. " " NOW THEREFORE, be it proclaimed by' the Soard of County Commissioners of Collier County, Florida, that January 2006 through December 2006, be designated as the . Year of Economic Diversification ,1:;'.<.......... ,.' .'",' DONE AND ORDER€iJ ridJ'Z4th Japdf!1JanuQ';;'~.) , 'k;:.:,~;C)~"r:;'~, ,";',.',:.''::,'1 SOARD 'OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ / ~~-;?(~~ FRANK HALAS, CHAIRMAN ATTEST: 4C . PROCLAMA TION WHEREAS, the South Florida Water Management District and its local arm, the Big Cypress Basin, has supported Collier County in its efforts to enhance the water resources and environmental quality of the region/ and, WHEREAS, the South Florida Water Management District has provided funding for numerous water supply projects to effectively use alternative water supplies to meet future water supply demands of the County/ and, WHEREAS, the South Florida Water Management District has aggressively provided public outreach programs to educate the County residents on the importance of protecting the vulnerable water resources of Collier County/ and, WHEREAS, the South Florida Water Management District and the Big Cypress Basin continue to work together with Collier County to protect local water and environmental resources for the enhancement of the quality of life for our Community, NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the South Florida Water Management District be recognized for their efforts to preserve and protect our water resources, ultimately enhancing the quality of life for all who reside in Collier County, DONE AND ORDERED THIS 24th Day of January, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA //) - L (.->,-/'.. . // ~ ...<..c-.. ~/ ~___ --__ / _ ~7. ~C/ . ,--...-- . <" .__-4': __- FRANK HALAS, CHAIRMAN ----- .~--::~~ ../".f.\1..'\. ~3>- ':A~"" ~. f<: ~~<~~:~~.. ~~~....~ --f: ~'4'. ....'. "" -~-.. . v. . r -... :....or = ~ ~!:... J, ~. .~. . .......~.~. . ~ "':'. '. r ',.. ~ . ~'."";'... -' '. J!~' --..,.oJ ~ .... ~# '." ".,..0 _~~ "0 ~~..~. - _ i~" - ....,.iij'~"-!"'~.\.~ . ......~\. . ~. SFWMD YEAR 200S IN REVIEW OF PARTNERSHIP WITH COLLIER COUNTY ,'..' ~,,".. .~ CLARENCE TEARS Director, Big CypntSS Ba$in Jan 24,2006 'I ~ J' ~ ~ -~ i~~; _ ~- - "K ~"--- "''>:.. t!;X~ WORKS OF THE BASIN Operation & Maintenance 169MikoofCanaIs 46 Warcr Control Structuteo ,:_...:;:;~:::=-,- --.~" . '. .. Oneration & Maintenance Hurricane Wilma Damage Repai~ Tb.. Sl\.29 Caaaldebri& <emova/ projcctill.vlllved16.7milesalcaDa! li'oml,75.ouwroUS41 --,...."-.-- r-SB -P'- X- r,. ~,1J;;-C7'.( ~/.I) <.5- t(j - C R .... .... ~ IIiI!lI> .CbemJc2llyTrealed ~,..IOO Acre. ,)f Floatiug,Emerged or Submerged Vogeration "1,611AcrcoofTerres<riaiVegetaOOD "Ad.<lllnJs<cred '0 ROW Perm.t Applic,"l;OWl . .d Construction .Completed ConstructlOn ,If I,:tka L'filon#4 .~ ~ -Completing \<!<ldification f)J Corkscrew Canal (3 Miles of Canals, 6 Bndge~ and 2 "X'a.ter Control Structures) "t.. ~ "I' Flood Control! Stormwater Plans CG...pl.ledDev<...,._.IDfIIDllllOIuoIoIoA_SIOr1DW..rMamlr;oo_IM_rPl...I....R<qU."Gf Colli.. CoIt.ly Sl.rmw._ M.....r;oomen' O.pL -- ---- ~ Flood Control! Stormwater Plans Contiuocd Fuudiug"rSl \'IiIli"u Per Year for Se<olldllr")' S~"em 0&.\1 iodudiug lmplemcolatioo of tbe Gordon Ri,'Cc Slocm..aler Maull.ement Piau iI: '!! ""'M'.' __":i...,,::~,l.l!J.;.l,_~ Pi"'~'D'" Sinn. R.,IO...lion, COlllp....dP1R .........m1 Vii... "rp,..;rioC.uaoJFBled C""'pl...d 0..;. Gr Oeoip Repor.rorPumpStahoo. L."'.C......_R""dR.mo..lllo.s.."rO".ipR.por'i"P""ll.... T.....iamiTnoilFlo..Enhou.....r C"mpl...dl....Jl.oti"."r16C.......aodR....R......~ing 58 .'" .. -"', Flood Control! Stormwater Plans .Completing Belle Vleade :\reaSlllcm..aler MUler Plu focCollicr C"aat~' .Partial ~"pp<>r'ed Oe,iga fan,liag ror Lel~' \rca Storm....,er 'fas,er Piau ...hsi"iugCollierCouut\'in Fl(lod lasuru<e \'lap Re\isioo ......;i1rd{'f:!:J .u.;L;L Naoles Bav Restoration Plans 1950 2000 'CompJ.t<.".pJ..Bay's"l<"rI1leBo.y"A.....m<n' .Compl...d".pl.. O.y SWIM Phon Reron.w......., Study .Complel<,j'l.pl..Bo.yBo.lIty",.m<M.ppmg , CERP Proiects !,..uT...n'ordR..'oralion, S"'r..d[)".d~ogOI"''''lio..-25%Complo'' 2 Water Suoolv Proiects Fundinp" (BCB Funds) 'Colli.. l:ouotV jou,h 1I.~;oo~IIIO T..~"".o' E'p~n"Od 'Col!i.,Cou"tVSou'hFlondian'\'luif.,W<lll'iddEx""n.i<>o .C"Ui..CouotV....-nrth E..., 10 MGD 110 Ptan' 'c"mc, CnuntV '.o"h lI.lf""n.IP..kl";g~,ionSy."'m 'h.'ll~' Ci.. w..,. W.""T ",.'mcn' I'tant Modi/ic.tiuo ''Y!uc"I...""..\SRWello 'M.",o I...nd>>ou,h C"II;e, Reuoe S.."'m .M."'"I...ndR.wW.,..T......mi..iun .C;..of....-apk..\SIl bpI",.,.,,,. 1I.<I.imcdWa""Well 'C... of"'pk. Red.imcd W.,.' Ex""n.'''n Ph..c 1 $1,000,000 $\I~?,,,9~ $5(10,000 $UHI.OOO $2Q0.000 $9(10,000 OO,~ $250.000 $6lIO.OOO :lllO/WIIlQ K,.')"7/,~'" -,--:!.{~'t,!.!:l..,~ WE LOOK FORWARD TO A CONTINUED PARTNERSHIP WITH COLLIER COUNTY TO PROTECT AND ENHANCE LOCAL WATER RESOURCES, ~l ' e:{C-P- \ l'l'+lolo 1~5B --0< j 58 WaterSunnlv Proiects Fundin2' (S8444 Funds) .C,lij..Cuun"'....-'nthROPtan' 'C"lfi..Cuun..l~\..T.miam; lo'..wno.."" RlendT.mi."".ndFk"idi.nW..., 'CoWe,l;"uo"'S,,u'hR<u.. 'CDI)j"CDun".Recloim.dW'l<..lSR 'C;...,f""pbR""J.aimedWAl.,E,,,,,n.,,.nl'''''''el 'M..."I.tand2M{;D R..Io,m.,JW..., E,,,,,n..<>n 'C1"b"fP.I;..olhvR.,l..im.dW..,,\SR '\,'e_M..;.,),? MGD lI.cl..;med w."'. PM,;""i,," I",.ih". ~ $1,000,000 i43.1,l100 S720,OOO _P"" $400,000 i5OO,IIlIO $Z2~,OOO -"" i4,l6J,OOU .>:; -"-;li;j.trrJ.,I,~ '*',. .:. .... 3 r6A . / 0<( /.:I;f(1 .... ,!ltf fL ' .,j: ~ - se;n.../.I 'CR January 24,2006 The Honorary Board Of Commissioners Collier County Good morning: My name is Jeanne Benefico - I am an 18 year full time resident of Naples, Today I am here to represent the people "for a fair and modest garage parking fee, or no fee at all " at Vanderbilt Beach, I would like to submit our signed petitions requesting removal of the $5.00 daily parking garage fee previously approved by the board. We strongly oppose this fee citing it will cause a tremendous hardship on our retirees living on a fixed income and our working class residents who look forward to going to the beach and enjoying Naples greatest asset - It's magnificent coastline, As stated in the Naples Daily News July 22,2005 "Beach fee causes stir with groups", "It places the burden on those who can least afford it" quote of Bill Poteet, president of Golden Gate area civic association, Commissioner Coletta opposing a $20.00 two- year sticker stated and I quote "the issue of access, be it to beaches, wild land, medical or educational facilities has been a long time passion of mine, I firmly believe that if the fee is approved a number of our inland residents will give up on using the public beaches and lose the right to enjoy the main amenity that many of us moved here for. The issue becomes even more contentions in that resident in the City of Naples and City of Marco Island would be exempt from the new fee unless their city officials choose to follow suit and charge their residents for beach parking" (end of quote) Commissioner Henning said (and I quote) "he favors the fee, but only if it results in a tax rebate to Collier County citizens of more than $20,00 per property", With over 200,000 taxable parcels within the county a $20.00 rebate would amount to $4,000,000,00 within two short years the commercial paper loan funding the 8.6 million cost of erecting the garage would be satisfied. So then why, I ask did you decide to impose this $5,00 daily fee? With a 61.2 billion taxable real estate base doubling since 2001, tripling since 1998 and quadrupling since 1996 why Is a fee even necessary. Only 1.9 billion of the countywide 10,2 billion jump is due to new construction. The rest is from reappraisals of existing properties amid a red-hot market that continues past the December 31 deadline of Collier County Property Appraiser, Abe Skinner's report, These figures quoted in the Naples Daily News May 29, 2005. Jeff Lytle's article titled "Think Property Values Are Slowing Down in Collier Count? Think Again, Park and Recreation Department records show the following; 57,875 beach parking passes were issued, of which 25,880 (a little less than 'h of total) were issued at Veterans Park in North Naples this is a strong indicator that these residents are using Vanderbilt Beach. ":;/ 6A ,,~,~cc-cz ')2tID0 ~l kmloPl- c(l.,. .... The Chamber of Commerce registered approximately 180,000 visitors of which 135,000 or 70% were here during high season. These numbers are on the low side mainly due to misplaced files during the Chambers move from original site to new headquarters, We also know that many visitors do not register at all. As you can see beach parking to accommodate the taxpayers and visitors is no longer a privilege it is an absolute necessity, Our suggestions to the commission would be to rescind the $5,00 daily parking garage fee and upon further review impose a modest fee, or better still - no fee at all for residents, If no fee is your decision than no further action is necessary present beach stickers will suffice. However if the commission's decision is a very modest fee than a special sticker should be issued, This sticker should be placed on the inside front windshield. Continue issuing free beach passes for all our residents to useat all other areas. Tourist using the garage can absorb a daily rate in an amount you deem adequate. Most vacationers will be more than happy to pay for a day at our beautiful beach. We further request that the new garage parking stickers be available and in place before the garage is open for use, If this is impossible continue, as it stands today free for resident beach pass holders, All others to pay daily fee. On behalf of the hundreds of Vanderbilt beachgoers I sincerely thank you for your kind attention and consideration, We all look forward to a quick resolve and most favorable decision. Thank you, ~ne~~sperson .;;1 ~ bf ,j-:}Jl!D0-(R li-e IYI ~ /12/05 ARTICLE IN THE 6 A"'::';;' RESIDENCE AND TAX PAYERS FEE TO PARK AT THE BEACH u THIS IS IN RESPONSE TO THE NAPLES DAILY NEWS. AND WE AS OF NAPLES OBJECT TOANY DAILY PARKING RAi'lP. ;v,~~~",.~'~I!9,; . It Can 'Y\lutel1 me about .the status lUld futur.e plans are for .~ pu,bUc bea,chp~~4c!ll~ ty. now' closed 'at Vanderbilt BeachRliad? . .' ....n!h.W1l11ch.' . ..,NQp/es A.. In early 20M, the county =~it~~~~ig~~ spokeSWlllil'iut;fei.tbe'FiiblUtd Recre'lClOi\'I;D~~tdThe $:~=1:,~~~ 8p(lts, . . said. . ,;. .'. .... -~or'. V. ehIcl. .ei. With 'a'. be~. ' s~~~. P'~kInl! In,therJ:..... .. :W:Ul PmballlY CO" ....., . ~r;.' th'St."1. ,....'1iUs..,..~.~.. s.t"."f......a".... '.' ,~"" . .. b:\7are~ ito ~'ms.Illr'iv6r~bnllie' lit -= Ia,t~t~1:t1!\~~~'S.#l ~~~~~~/-S9/-~~~~ - C?~ 59/-/S-7/ d<j,f_ ]...777 ~~~~ b~(.,-~l'10 ~ ~.ttM... 5'1/- I C> 7) /J1~ ~-- /J1diJi~ S&?- q~?! ~ ~,~ Sl/-~Ol'i ~~ ~ 0-6b' 73~2- '\U [~ ~ ~ S ( 'f. "JS\<0 /- <.. J'~ -:-,' " .i 'c' -J /",." --C,/'/\ .(<_,~, /,~...l II \ ' <~,.: (J i-7 I ~ ,. ,GJ' /~..) J'" /. I .; .J ..I.' . ':C LC11 <'...z. lht-iLC_ 5/~/- 717',5-(; , ~ l' /' l,\..-t:.".-J ' '( (I - '(/....( y--'- . )'LL+.'lta;:~. II . ./-- .../ . ! ' ., LL~~~LIL.{) ::;-Y5 - J Ily (JLL~ '" /~'/I/,<j / /'. ' /_. / L tl..( V(.. kc 'v-z-. ~ J" "--l.-/ C.)<--D~t4tD Co t'v/J"LD.--.> /;/)11 c:~:~ )i};1e>~~;0t~) ~~ ,;1-1 () /r~-- (5' / 1 ? / ? 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AND WE AS RESIDENCE AND TAX PAYERS OF NAPLES OBJECT TOANY DAILY FEE TO PARK AT THE BEACH PARKING RAi'IP. ll'l 0"""\\ J..- vd:;t/ J <_1-....5-- v . _j~ ,,'~ \ ' r; j \ ~( vtA ( ~ "--. auc&~ ~/:~/ b i> d -0 ~~~) 7_XJ~~p . " . </ fi ~ / ;jJffi4~'- . , j( ;jL~lut"- -... ~~ t. (1/ / ./7 -,1/;t~;),~~ ~(?vL4~ Il0-U-d~ '.C~~' ."'MI;t;-;~.. !\: cm~ltel1 ine' ab;iut ,th;, statui ~ture plllDl ire for ~ p~Uc b.p~~MH~ ty. nQw cl~d af VanditlilIt " Beach~ad1. . ' '.' ,.., , . -, '. "''''T1!l1.W1l11chel '. . , 'Nqptes A. In early 2006, the COilllty bopei,tn.1lave a parldngF!! there.. '.'~~ -CeDldllD' 'S/ii1 ' apokeSWllIil'iulifeil&.p,j1l&" . ~lIlIft.'f.15~~"!!'~ glI!:'~" "iIil1,,,~~:,buCh Plllklng ftoDi'abolit 140 to 340 tlmsaid.' ," "or':"Veh1cl~'~fh''ab~~ S#~l:-kh!a hi 'the" .' ~:W;Ill ~1""llYSON.:~tf:.,. .' 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S+ept1y :)~ 7- d~}& ~~~A/ if- ~-S; 7 If- 31 !]ltcu0yv\, !" J jjVV, r'l1,'0:::.h. 3 S2 - I S 's,8 r 6 A ~ C\2-.~' ';J: If.Jea- M ? 7 f/--;) 3 8'C- CD ; "J/;+ T y e. te..S. 3Sd - bl, S';) l 6A -,C\\" t<:;(i!?' THIS IS IN RESPON6E TO THE 9/12/05 ARTICLE IN THE NAPLES DAILY ~EWS. AND WE AS RESIDENCB AND TAX PAYERS OF NAPLES OBJECT TOANY DAILY FEE TO PARK AT THE BEACH PARKING RAMP. > i\~!:rt~i~, / Vii , f"~ statui ~ fu~ ~Im. ire for' / L . ~ ~ p'~Uc bMcli,p~laclIl. tr..DOW'cloJed'at'Vandet6I1i' .S-C;C- J'c./ 'J'v Beacl1.aDadJ.. . . c' . ~.. . / / /' i~'~:I::=: 4;::t~ ~~/-oMg t~~~'3 /Y'/J. ,- ,~fJ: L "I - flO3<- " . "'".t5ep~ti,l~ ~~ (,A-J ~'-- --:>'""'V' =~~~~;~~ Jlq)/ -I- 11 /}~-' 6oJ-?? f~ T~-<.""--'" ,... XJq ~ LU~ 7 or:~c.y.~" ,\Vith ':a'~' o? ~, lI~ l!1,:.~:~" ;n.'LtL~( 7\~ lILac ,S-/ V . %iDlt1~Jf~WII;i~ ' J" ~,vc f (- () S,. f, 9 ltlto~~'W6rkt ~ ~ K 0" ( .I:".:.;,~,,;;.~;~~~i~~'-QJ\~ . f~" \ \ \~~~~"'-"~ ~ / f/-dJ,6('z b,- rc c~/ ,tf:-;J,'e~: ~.. 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''\ " ,,' '1"-;\ -J- / J - I !' ~ / / Ii'} )/)0 . ',';S 1/1;/' ~ 6 A ---eR: .~r ", 1 I / I '"~ F I I. r './1 ',- 'f -' ',:' . I I , } " I' i ! ,. --7 '-'-r ~, \,/-~ Ai (-" '., { /" ~ ,I, '/ !~ " 11__ / , ,- / / I - I ' - ----< [ / /.' !/ Iii I " I I' ..; /- I 'I, I', :1 " I( /' .( ~ ..[ ,f c- /,;-,!- /'.,f' /LJ:- !" /- /\,/,' .. I.,: . '1' , i I/,~ /' /( II,i _\:,.1, '_ '\ ,I; --.... :'- r ~ 1,----; ~i {".utZ!':! ,. 1 !- /il '~. ~ . "', / ."f' / . " /, ,', ,\ .:-'- , /', ,-~- r r' ''fl!' G C?~<~4J /7~/~~'4 ~lll>cn:,.,I;t/2 (1// "-LJ 11 ~';IO ~., '(7~ . /7C;~ 3.~ JJI. ~ #~~d5~//CJ ~. . \J C o. I '72-0 'S:.-~~~ ~.. d-. +~t-L "S'<-i{Ic:.. L ><:.- J~ r4;. --~.--->'------ \ ,r6 A --c~ ..' THIS IS IN RESPONSE TO THE 9/12/05 ARTICLE IN THE NAPLES DAILY NEWS. AND WE AS RESIDENCE AND TAX PAYERS OF NAPLES OBJECT TOANY DAILY FEE TO PARK AT THE BEACH PARKING RAMP. > ~~A 5. MR6(J~ (;, (it) 5' 6Qk~ ~mt {<d, S8 ~ UA1 (} J-04 -- NA-~~ (( ?>C{}Oq , N~~'.!!dt~iig.;: . Q;ean." ':_Ilie-ibout,the, status llD;r:~ p.- ire for 1:!w Pl\l:1Uc bMCli.,p,~ .facIll: ty"now ~ at. 'Vanckt61It' Beach.aDad? . . '.' .:". '. . .";:' ':..,,"""TI!llWllllch" , ,.......,.. .".' . ",,'~r_~.. ~'.." . :.: .....':,.~~ A.:rn' eariY'20b6. 'the' cciilniy ~o~'~Jt~~;r1t ~ifVi\ibtti'i1'l'l: . ~,riD*~tlir~ E!i:. "\i;lU'''~''I~ W . rroai'uoiit 149" to 340 ........ said..,. ., ,.0 ~~1r~l:~~'~~ T\ I ~ k\/ 5k&> Ju~S ~~~f#~ ''iJ 0\ ~rest-w our( D,-- .Ii~:,ii~~ IlJLpl eJ F (3 ilia ~/Y) 0 ~'At:' .~ /'. /~ 715~V/JIJ--:(J (\ cj -' --, , ,/l', ~---1L~ (;. : ,Jl ,,' CIC7i.'/~-t, --,-,.-', : I~ LJL--..t./~ ~.?/f / "" / ~ . ~- .-.., __~/-4_// /./__/ //'1,1' _ .. Z;/" 'c~l/cJ/ '.' ~,', '~' ;"0 ~fKdJf':" '. 0, ~~/~/ /i/..1,/~/; _"". /-;( i vi.e; v /1/_ _ /.. 1_ j :--- :O'n,L ~\..uL~ \ ~ 2. 'RJ"""~OL1) ~ . ~1C\..\l~j( F 34;,\\D "'1'.1 ,I,' ;^l..o!.i 1\'\ /f'~<~):S!/).-/..(i'v'G-- ,'4r ,-/1" 1, C ~-, ~- . ': \ is '; _" Ri?/ "l'L'H /- i ,r' . (. " '/ I i.' ;/ '\l: l-VI j".' " / :1. ' , \., j'J IJN~i f/91f."ELL /0 1?,)'A 17":L,3Z- Nfl hEs, P:-L 3'f/a7 / . lv, " 'f1 <'71 rAn.t~f'L'- p() /3.? X. 7 702.,32.- tV;4I''-'~s, ~L. 3'/-107- a 2.,">2- j) e:; Ii? ,G,. e '/ f/l.17 b-IJ f:..1!- c- e . Sj'J,!).... f;;e~r/le-t -Lr#-.- /11 ;J-jJJ-. e.~ ;:13il/7 /;05(' JJo (e "iV,j,\.de (:')7(> I~I(.,,-""^ ..1/- ~r .' /:. '''i''''<) ,'J :Jf I t' ~', r I (. ~), / L' ~ 'I I~j -/// Ii- C~-C(/ /~<c L-" t--Y /' ;~ ~1 ,', At'2.<" ,/ / " ~, ,-. ^ I'" ,_>~i <"'--' L '- .~/c.:,r',(/-e_ f\ - /-//l/i) ItA:; '. . ;/;/ ~. ~/ ,-- / '7 'I"c,;o /2',c..( c: ,c:: (, ':) r,L ,'J 1,/ i ,- "-, " ~-- j) g (Yl e !V/&v!l)-//2 /9- 10- ~ i Z '~;IWij, <'I,' /J/ tl/l'ha_/ /5;:uiW/ I fi7 - ~ r f), /00 (/;- 41/ P ;to VMM'Ld Cv d0...u2. :3 cj i',p -r 1'988 loori 1J...vJ- N CR, Vi anderbilt Beach Parkin Issues 'If' " Phone Number 3'1)5'17- 5't?O'f \~. Name 1 fAorjo.re.; 19 25 '6A ~CR " ~ This is in response to the 9/12/05 article in the Naples Daily News. We, as residents and taxpayers of Naples, object to any daily fee to park at the beach parking garage. NAME I)Vh; ~ 'i .' /11 !.r: / ('i I {I' __-C.,__<''- ~ ADDRESS --m 6rCVf ()( Marks / ) ! (,; 711 oj i{ ('tp.;; ! ( n ( cJf 'f 2 '; /-) "'rY-<') 1745 ~ ~Ol. ~~c q:[ IV'" (' '/' , ~) t~J /L.-0 J rC (: ~ ~~ fLU, ~~cn- \ , ~o~ oj:: 4~ Si-- (eiJJS vA. tJ<lfb lO\ B4S foLL\\l. l\l&fJtoJ fA-tL 'L ' I. /' Li'8D ~}~l S"c;,i.;J l"--lAf'L..C'::>, ~ ~ (i\~ '" S\'J ~ I\~" ? 7 )11t::..-)'Jo ~w &, /if-1.- V (), IV '),f/t..<::Y ; 6 A -( ~ ';,' This is in response to the 9/12/05 article in the Naples Daily News. We, as residents and taxpayers of Naples, object to any daily fee to park at the beach parking garage. NAME ADDRESS 'Z:-riJ .-i.:J c.______ fv-/1 ,I, -;/ //1 ~ / , C~lcz ~UU,fC 'vOl) 1-) . /Ut)J/-r- I,,/U.a.:...- CiLu ,/- , /) If)' / 'f f( 'Y\(\., rCr;--l . '')j:;,--'',' ("I ) ^J<,I/"J ',i t! - I( (r-' " ~ /" ':;:k<:~ J hnd'U~ Jl7'i j( !/~".J,~~~d AY,(, ~ 1C,!L;YLtc,jtJu.rfc<l7d OK rL 3f.-./! 0'2; 3'!!O,Y J,.flJ)f'>Of '~ fJ it,oLo Pi3'fu) 1 I / --.I\-1lYf20 'P()fv, F lA Ie; {I <.: ((' 0 t:I t: AI --;- 7)(9 fl(iZ!ru ~yIAM:;? rffn!r1PLfJ ' g If 0; Ne(~d(, Lc,Ic;L<.-"d Dr AJ(~!S. ~(I/~j: , ENS.f ( ill (,-'c u! ,:hlV1 Qt.. 0\ I r. /.fclYJ!r;-5V/; I tr L S -rr; t1IV7!e7 )'1111 ~ h & 3 <f/uJ- k..-JL ~\L\. C<:::::,nYl<<-l(~ +\-..J~ (Uq, t""~ 34\~ I 6A /'c~ :1" This is in response to the 9/12/05 article in the Naples Daily News. We, as residents and taxpayers of Naples, object to any daily fee to park at the beach parking garage. NAME ADDRESS , \ '1l ~^J\LQ,\;2YJO' '" -~PL I \7uvP ~ {'.\Af4 ~'-i ~ " (~ \ : \ i \ \ / \ / ,-.../ 6A-C~ This is in response to the 9/12/05 article in the NaPles Daily News. We, as residents and taxpayers of Naples, object to any dlifly fee to park at the beach parking garage. ~~ cNIr-.(....J /" ", ' / i " t:t t.\,.;' . - , , I ,,' !\-" ,/', ...~;:t...... 1,.' I.f -- ",{ '^-'.- , "-'1J'C1, , , .' '...,.., ....1 ,.. /( ,,_;# .' ;..x., v, If.. J '/\J/)- "\ /lr, 1" . ~' /,.-.., --'""... ) ! ." 4 i ~ ;" c ~(~ V (J,~~' J J'{ , -....-f , . .., ,.," JO- .... ~ 1:'l) ., If ,- 'I , I' ~t ~ ...~)", #c. \ , ^ " . J .' _,' /) " -- \ . ,~, . r, .. ,"- /.'" 1_ ~ \, '\ -," ~~\~ lV' /c~ ~ - \ i .1}- - -I -' - \ ' " I [ n(1 J "'J ^i . ........ i '-t ',l~' 'I" ADDRESS 1 ~ ' j , I / , I 'S ~ '-1~-i..1-4 /0- ....:i , '--- I ,. .~,:. ","'-3 \. ("'0 :,'- ,.; 101' a , 0 " I q f,j.l \ ", . i . , , ~~, ,f, ,< , .\ ,,~ " ~!J '1"" ( I I '~'- I I ' ) f (It ~ 11 }I/ ! /~.:'/ '-, " ~ i /....,. ,; ... " , -t'..... -....i /~..-), --' ') ~ .. .::. ~/~i.1j")) ..,....,. .,......... "II,f ~ ',', <', -', > , X"l l I I.... . j~ (jl '/ J ' '. , I A .r<r;t , ,,' O~_.l.L,,-, r )),75 l' i . " ~, ;. \\\\ .' , .\ .' , , \ \1' , , ,- " .,; I" , '.'~ \ ,',: .' \.J , :" Y' 'I J ..' f,; , \ ~'" ,- l~tl (' , 1 ....' ~{. ' " ~ / ,:-1 ,~, _7 L__. I< Ie '} 2 {P /{;;-r:1 I?rv~t {~~k set? U & it!;' C:t q' /2;tU~lk!CJ1G w~ (J:KJ~ -') \ (~ 0'-1 ({ Dey<.c\""cc Ik '---.i ~e ~2.oz // J 6 .!.tffW () cl ( {,- J7vf~: - f~l!4~~f ~L-I- /ltt>AJ~6A-e(-\." ~ / 'yr~~ ~ _ ....... _.,-_, {bls..;Z.o vAf-l.:>trlc../$/~'04../W ~,q IV 0 ,+- / L,/.L ;:-s;,' ,.t'" ,U I e 1<: ( KO . ~ /6:-t~ k; /cCY'U- .; u CcM oLiL.I 0 l~{) 96 f"r )j-iN._ /Y' n"f 0-41 1:::1 Bf//OJ> o s-I 0 II ~ vJot '/ 11 q ~/-<: J'1-/ 4. fT; '103 13. L" '7-/ cJ t/rr--iJ;-c-J w~fi-j>/~L,t(Y7? I's :,u rip ~. S pL. 5' V/CJ; (__' . I I ___J~&--t ~ / () 7- JlI /) jI'&-/, f:! 3 Y 10 cf J) ;0 ~'^~jllJ e!o~&) ""(v ~, . o~ ~ti ~ : /L00t2-t)L>>-- a~ r l' (/ et 1-.A-. / 05' - 1774 ' 717Ll I ~'2 -> 1/,,' . IliA /) Yr 'l:, L ' I' -'"I{ '7 -' Y (C cr-. 10 z, / "-.-5"- - /L'JS /H /1t:- / -;2(, iOl ({I/E 777 - 9~::r fld' aLe d!- Cp'.~/#- b%'L' t"('/ r~ (!-t/c f/tf!c /I~~ jJtit1~/~~, ~~~ 1 ~~ €I f3.uo.&O ',..-? 2<-/ 91r71/. /! {~~,M~ /I4lfJLE~' , ~1lL t3,t<:~ k ...~ (", ,).y r~v/' 4~i:.N4hc:.f/+, '?YAiJ r ' n" "l.f} t21-t-L (p 3 l 9 Lj 'iW UV. p ;t/h!J(J It.. , ~ i/ /1) 0 I) I .hG-~-r 4f}AA - L 0- ~ ~4n--t-irr)~ S90 q ~ II /. /It-t:: NO / N i1P{EJ' I.,.J~~- t?> 9;;/-/ /JtE;~J~~cS q, -z-db ~<--c:t!u~ffrdL- V1i1~l:;;(fh'-1 v:~ This is in response to the 9/12/05 article in the Naples Daily News. We, as residents and taxpayers of Naples, object to any daily fee to park at the beach parking garage. / 7-,,;;',', /, ('r , , 6 A--ClZ " NAME ADDRESS 1 111-G ~ 7 tf-- SY/tJ~ C; c.:; /~;1 IJ, (J (! 1\) <II c.') - 0 I(~^--~)--V--',--<,l( [,VI] <>l. l' I () r 31/31 3'1/3(/ 3J1~ h r~"/ (:/7(" j./l pj r -' _.r " ,," ~ ") 'II," S,-l~ /-Yv'l-ilvJ ':;. ",h j}.,. "; / ~j,( -u~~ ,/- 7 [))~ ,- , ! 3YD~ d':33H- JYleu>J nfi{~ rr([y Nc '/1 R 3 Y-f (j ~ r6A / 0C( J' /l~ .- -. . . ='(/(}. -'"", 11-,-; ..(- . ~ - .ccm ~ /.l ~(R January 24, 2006 The Honorary Board Of Commissioners Collier County Good morning: My name is Jeanne Benefico - I am an 18 year full time resident of Naples. Today I am here to represent the people "for a fair and modest garage parking fee, or no fee at all " at Vanderbilt Beach. I would like to submit our signed petitions requesting removal of the $5.00 daily parking garage fee previously approved by the board. We strongly oppose this fee citing it will cause a tremendous hardship on our retirees living on a fixed income and our working class residents who look forward to going to the beach and enjoying Naples greatest asset - It's magnificent coastline. As stated in the Naples Daily News July 22,2005 "Beach fee causes stir with groups", "It places the burden on those who can least afford it" quote of Bill Poteet, president of Golden Gate area civic association. Commissioner Coletta opposing a $20.00 two- year sticker stated and I quote "the issue of access, be it to beaches, wild land, medical or educational facilities has been a long time passion of mine, I firmly believe that if the fee is approved a number of our inland residents will give up on using the public beaches and lose the right to enjoy the main amenity that many of us moved here for. The issue becomes even more contentions in that resident in the City of Naples and City of Marco Island would be exempt from the new fee unless their city officials choose to follow suit and charge their residents for beach parking" (end of quote) Commissioner Henning said (and I quote) "he favors the fee, but only if it results in a tax rebate to Collier County citizens of more than $20,00 per property", With over 200,000 taxable parcels within the county a $20,00 rebate would amount to $4,000,000.00 within two short years the commercial paper loan funding the 8,6 million cost of erecting the garage would be satisfied, So then why, I ask did you decide to impose this $5,00 daily fee? With a 61.2 billion taxable real estate base doubling since 2001, tripling since 1998 and quadrupling since 1996 why is a fee even necessary. Only 1.9 billion of the countywide 10,2 billion jump is due to new construction. The rest is from reappraisals of existing properties amid a red-hot market that continues past the December 31 deadline of Collier County Property Appraiser, Abe Skinner's report, These figures quoted in the Naples Daily News May 29,2005. Jeff Lytle's article titled "Think Property Values Are Slowing Down in Collier Count? Think Again, Park and Recreation Department records show the following; 57,875 beach parking passes were issued, of which 25,880 (a little less than 'h of total) were issued at Veterans Park in North Naples this is a strong indicator that these residents are using Vanderbilt Beach. , 'i~ 6A .,. .~cc-~ 112t10it> ";1 km loP(- c:fl--. The Chamber of Commerce registered approximately 180,000 visitors of which 135,000 or 70% were here during high season, These numbers are on the low side mainly due to misplaced files during the Chambers move from original site to new headquarters. We also know that many visitors do not register at all. As you can see beach parking to accommodate the taxpayers and visitors is no longer a privilege it is an absolute necessity. Our suggestions to the commission would be to rescind the $5,00 daily parking garage fee and upon further review impose a modest fee, or better still - no fee at all for residents. If no fee is your decision than no further action is necessary present beach stickers will suffice. However if the commission's decision is a very modest fee than a special sticker should be issued. This sticker should be placed on the inside front windshield, Continue issuing free beach passes for all our residents to Ull!at all other areas, Tourist using the garage can absorb a daily rate in an amount you deem adequate. Most vacationers will be more than happy to pay for a day at our beautiful beach, We further request that the new garage parking stickers be available and in place before the garage is open for use, If this is impossible continue, as it stands today free for resident beach pass holders. All others to pay daily fee. On behalf of the hundreds of V anderbilt beachgoers I sincerely thank you for your kind attention and consideration, We all look forward to a quick resolve and most favorable decision. Thank you, 2t~et;t~sperson ,.-~~ ,_._.~_.-.,,'.~,,~-~~-" ..- --,,~'~..""~'-"-- Ixf Ij'J'i/olc-CR /U fjl'..) t l-~ 7l-em reA THIS IS IN RESPONSE TO THE /12/05 ARTICLE IN THE 6 A' C;;' NAPLES DAILY NEWS. AND WE AS RESIDENCE AND TAX PAYERS OF NAPLES OBJECT TOANY DAILY FEE TO PARK AT THE BEACH PARKING RM1P. V' ,.,..i.iOid\t. . "dJ......... .. ;~~~,~,.~;pell. "-""~IW; . q; Can'Y!luteU me about .the status and future plans are for ~ pQbUc b!l9,ChpirkJJlgf~- ty now clo~d at Vslidei'bl1t Beacl1ROad? ...nl'll,lIVIllIchel . NQPIes A. In early 20M. the county hopesto.ilave a parldng giragll there;'SaldCeii1dtD' 'Spilth. ===~~~~~~ =.~=~~~~~ SPots.~sa1d." ....., ,. ~cker~r'~~;cl"~t'.. ii~ .~' '.~~.jj"".'.'."'. """"'.".' :a:.4lI.y y" .....;" assm"b ",~ 'to see.. ":ma.'. .'Ior..._. '" k bnar..th, ~e P" ~. .Wet thlS:'li1bii'Sinltl ... d.'." . ..,"",'" th, ..fl1 . ".": '"...-..:1.:",0 _.;.. " ,'.-' d'c;.f- :L777 ~~~~ b9,lc,-(;ll'10 ~ 'c::;)\D~VL- 5'1/- (C> 7 J /l1~ ~-- M4i1f"'1-- sz'C- q~?1 ~ ~,L 67/-pol{ Q~ ~ 0-6t5. 73~2- ~U [~ ~ ~ 5 I '(-. :;8\<0 /'. t I' <'m . -, '1 .-J:/ , <,CU'll-C,z lC;,/ , ,/ //~"I' v y(.V-<-_ (.",'< .,'- " V' '7' '.:- ,. ,() , / ~' .5 c.\"" ./~j,C' ,/ /Li-__._ 5/L/ - V;;'.0- G..~ \.'\ ~.. /' ('.(lI_..J ','_ ,,_ '~/ C( (,-;. , (( ( , i ~~~1.Ltt-- '1 (' " 1~ / ...,;. "A-.. i.' LL~_.(,.l)trL{:_\ :;-7:5 - J /I( (J.L'-~.. c 1{'//.1f77/ /' I , ,/';' ~J' t/c '" '4c-1-~ (,)''-''\.,)~1AW C 0 eO~"LCA---o. 1.1'1'~7Uo m~-9~tw )~ (^! <~~r;;>-~ (3)' / c;l /c; ?';J~? t ){2,>Yl ( /;dr;?.- y ()hO.~ _// ;p o->~ :d ,J2 Oev (\ ,~V'- /\jl~ OV\A' l2- e~w~Jr:: .. I"i) '- lll..rv'c~?z, -2- L/Q~qJtJ \t \ {LClc(<t{~,~... ,.J l201 ~. .~~ , .' /If ;fj~ L.topI::-~i) ~&~Z~~~i?~"-RCd~)r5~ . ;L'!Jy g-1Ltlu 11:/ N::Ji'V,4. ~t~ cf~/o , /11 A7~ . ,-z.. t- !>{/ /'\.' 'x{'1{'~', . ~d~!tfJ:u" j / /""-1). ( ,'. /!4d/~ ,LJ',:V:::! a , C,JCCc(( {l '- ,( _ '''-...... r 6 A~'.; .~ ~ (J~::.5~~r€j [" - p,.,,'ec(Iio"1l> l~{ d+t, ~~ v~~h . tldlt~ ~L. ;U1/tE l;Zu ~ / ffi d/}C' { 'I Gf((~Y " - ,It. 11Iuo/rvr/ /J III iL t' (' {" ({J PAL't- D6 l.-' ( . ~ EL{('~2hJ/ @l{~ ~U~. uE FF GOdclrnlfAf ~@(~ y 11 t'~~ ! 6A-tt THIS IS IN RESPONSE TO THE 9/12/05 ARTICLE IN THE NAPLES DAILY NEWS. AND WE AS RESIDENCE AND TAX PAYERS OF NAPLES OBJECT TOANY DAILY FEE TO PARK AT THE BEACH PARKING RAi'!P. , f!~J~m~~ \f"~drut '~Miwv ~p~Uc b~P.ar~~- J ,f-..--- y -r- ty, n(lW clo~d 'at V81idet6Ut ,'-t/.v ~", ) --..-v '-~ BeachROad1 ' ' " ", ~' '~ ',"...,l1l1[Whi.che' 'HNqp/es , A., In eariy2066.the couniy g~:;=!~J f~J h E, Q~ _,~ II '" ' ,,'J'l5dII~~l'!l7he ~ jl1J,'-<'C,cJI ~lf!:'!fU1"~, ' " :,;,~ 1 p~ frcin:i'aboiitl40to 340 ", 11 .7;7 ~:~.,v,~~th''a'~afui .--c vA'I~A( JI v--cLi~c- -- ~l:~ll!.~,:the:~a:' ,', ",4 )1/)1' ,',I,vl,l_ ^,,~,I . ,),. 'A" / I'c-- i" ' th',:il~,',: ~,"j'Pfla.~,,'~,'ir. ea:,!lIW~,,',"', ,,'~ " L' f. I. ,{).. L ' 'to .'ma il1'_kldhe ' ~ j/. ~ . 'ra'ter~'ltil) lI,i;~ -;;/..L~ J ,', >"': .,,;.,;y,:<~: ,}". , () l_..eo'\. tJtl. t -c1/Y1,'I."::'l 'li1'" \ ", I' r9G,/J#/1i CLC,)L (' ~ l l/'A"'\I\:Lvi::l..v" '-4 J'l-V '-- /' ' . y"~, 8-1~ (/. (~t 'J:!::;-d-1 /7. / ' Vv \ {~C/ cU'7'//~ft~4 ~XI~~r, ; ,.I.}. /] PI.;/ MJffi""....-6/. ;i'. "v(I , V ~ /-.. /I/R .(~, ~ f( 6L1/t:l&lJ. ,01 ({/a ({ I . " ./;t/J~ '~~~~ . ~cu4>'~ f ?t'L}.- ~. /}-1 ~tG~~..f-L/ I"V ,J (r2-1 .' ,~.e ;J-:~ 1. trY---- L.I LA r _~/Z- //'~~ 9, $~ _/ //2 ,:;/. 'fk~~ /;7 J-,1 COLLIER COUNTY FLORIDA 1.0 REQUEST FOR LEGAL ADVERTISING OF PUBLIC YARINGS l" ? A To: Clerk to the Board: Please place the following as a: Normal legal Advertisement Other: (Display Adv., location, etc.) ********************************************************************************************************* Originating Dept/Div: Comm,Dev.Serv./Planning Person: ~,'" j), I' ~.+I... .. ,:/(./1 , Date: /.;:./Z~!i // / YI / Petition No. (If none, give brief description): CUE-05-AR-8568 Petitioner: (Name & Address): Blair Foley, P.E., LLC, 120 Edgemere Way South, Naples, Fla. 34105 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Golden Gate Seventh Day' Adventist Church ,1'.0, Box 9921, Naples, Florida 34101 Hearing before ~ BZA Other Requested Hearing date: 1/24/06 Based on advertisement appearing li. days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other o Legally Required ProDosed Text: (Include le!!:al descriDtion & common location & Size): CUE-2005-AR-8568 (MD) Golden Gate Seventh Day Adventist Church, represented by Blair Foley, P.E., requesting a one year conditional use extension as allowed per LDC Section 10.08.00.E.3. Conditional Use-2002-AR-1943 was approved by the Board of Zoning Appeals on October 22, 2002 (Resolution No. 02435) as allowed per LDC Section 2.04.03 of the Agricuhural - Mobile Home Overlay (A-MHO) for churches and places of worship. The subject property, consisting of 4.56 acres, is located on the east corner of Immokalee Road and Rivers Road, Section 30, Township 48 South, Range 27 East, Collier County, Florida. Does Petition Fee include advertising cost? XX Yes 113-138312-649110 Reviewed by: ~-JL(}~I ~iVision Head o No If Yes, what account should be charged for advertising costs: Approved by: 1~/2//0) Date County Manager Date DISTRIBUTION INSTRUCTIONS A, For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager, Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager, The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ********************************************************************************************************* FOR CLERK'S OFFICE USE ONLY: Date Received:~ Date of Public hearing: ~ Date Advertised: ~ 1--.- ~ 7A RESOLUTION NO, 06 -_ A RESOLUTION FOR THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER CUE- 2005-AR- 8568 FOR A ONE- YEAR EXTENSION OF CONDITIONAL USE EXTENSION FOR CU-2002-AR- 1943 FOR A CHURCH AND OTHER PLACES OF WORSHIP IN THE RURAL AGRICULTURAL ZONING DISTRICT WITH MOBILE HOME OVERLAY (A-MHO) FOR PROPERTY HEREINAFTER DESCRIBED IN SECTION 30, TOWNSHIP 48, RANGE 27, COLLIER COUNTY, FLORIDA, .^ WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on October 22, 2002, the Board of Zoning Appeals approved Resolution Number 02-435, attached hereto and incorporated by reference herein, as Exhibit "A" which granted a conditional use pursuant to Subsection 2,2.3,3.5 of the Land Development Code (Ordinance No, 91-102, as amended), for a church and other places of worship, on the below described property; and WHEREAS, Subsection 1O,08,E.3, of the current Land Development Code (Ordinance No. 04-41, as amended) provides that the Board of Zoning Appeals may grant one one-year extension for a conditional use which has not been commenced, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The written request of Blair A. Foley, PE, LLC. for one one-year extension of conditional use # CU-2002-AR-1943 for Golden Gate Seventh Day Adventist Church in interest of the following described property: "Exhibit B" is hereby approved pursuant to Subsection 10,08,E,3 of the Land Development Code, and all conditions applicable to Resolution No, 02-435, attached hereto and incorporated herein as Exhibit "A", is hereby extended for one additional year until October 22,2006, BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted, CUE-2005-AR-8568 lof2 . This Resolution adopted after motion, second and majority vote, Done this day of ,2006, ATTEST: DWIGHT E, BROCK, CLERK DEPUTY CLERK Approved as to form and legal sufficiency: BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ... 7A , CHAIRMAN O1l~Oh.~,~ Marjori M, Student - StJrlmg Assistant County Attorney CUE-2005-AR-8568 20f2 ..... ?A < RESOLUTION NO, 02-~ A RESOL ION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONj'.L USE "7" FOR A CHURCH AND OTHER PLACES OF WORSHIP IIll THE "A-MHO" ZONING DISTRICT PURSUANT TO SECTION 2.2~2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 'ovm, ~r" M", COWID< COUNTY, "-ORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws ofFlorida, and Chapter 125, Florida slatutes, has conferred on Collier County the power to establish, coordinate and enforce zonin and such business regulations as are necessary for the protection of the public; and WHEREAS, the Co ty pursuant thereto has adopted a Land Development Code (Ordinance No, 91-102, as amended) which includes a Comprehensive Zoning Ordinance . establishing regulations for tje zoning of particular geographic divisions of the County, among which is the granting of con~tonal Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board f01 the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "7" of Section 2.2.2.3 in an '~[A_MHO" Zone for a church and other places of worship on the property hereinafter described and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement ha e been made concerning all.applicable matters required by said regulations and in accordance I with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning COiission; and WHEREAS, all intere:led parties have been given opportunity to be heard by this Board in a public meeting assembled rd the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS I . OF COLLIER COUNTY, FLOrA that: The petition, identified I as CU-2002-AR-I943, filed by Terrance L. Kepple, of Kepple Engineering Inc, representing Golden Gate Seventh Day Adventist Church stating with respect to tho property heroinafter describbd as: Exhibit "B" which is attached hereto and I incorporated by reference herein be and the samo is hereby approved for Conditional Use 1"7" of Section 2,2,2.3 of th~ "A-MHO" Zoning District for a church and other places ofworsrp in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following cOTitions: . . Exhibit liD" which is attached hereto and incorporated by reference herein. , EXHIBIT "A" IA Board, , BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this :J d. ~ day of (;) Q.. TO"5 E R ,2002, ~.....,,'''...\\\\'\\ ..," . !1(. ',~. \\\1 .~.. 4:/"'; P .1ti;.'c'7 Ii .;,-- .~.~":.....:. "'~""i'7/.;'- "t,/ , '-"'j\.1'JiE!i;I:t,., '," " :' '~,bW{CUTE?BRO€;K, Clerk ~ ~;': '":Attest.!~t~~C\ l:jl~ll'1llan's .~ ":?- '. f ~9~~tU"ll:-Pm.; , '~"'~'( '~~l ' 1> 1"1 'i"f " !"l.\~,.: '. :: '- 'f'L, . .' . . 'II ".~} ........... t..<:1...... ." ) CI,~;~~~"~t:EJ-F~rm and Leg~rSiitfi'ciency: ~~ Patrick G, White Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: 4~~ JAMM'N, COLETTA, C Attachments: A, B. C. D, Findings of Fact Boundary Survey and Legal Description Conceptual Master Plan Proposed Conditions CU.2002-AR-1943IKDno , IA FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. Section 2.2.2.3,7. 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) (;Jo-';:!::-lll} be recommended for approval DATE: q,lq-ii":;'- l</1---b~crc; .:> CHAIRMAN: EXHIBIT A ,~ ~f~ :! ~i~ ~ I ~ ~8~ .. . '" ~:~ ~ ~ ~ ~ . .,... ~ I~~~ ::;lLJ.- :gi uiui~ .!. ~dl i=! t\) ~I ~~ II: n:t-'" ~ .. ~~" .~< !O! ~ " i<~ !~ =1. Vl~Cl .. ~o3~ "I ~~I lLJ 0:: . ~" . ~ I ~ b ~Iiig~ . ~~~~ s~ ~ ~~'" ClVlO . i!~li ~Cl~ ~ ~ ~~~ ..~iIi id L QG~ ~~ ;J1~<l Uz ,'" ~ <N . ~ - -l's~ ~ I n; ::;N~ fu 5.'S~ d .. i (5~il;~ -I ....J .!. I- ;0::: II ~ "I~ )11 ~iiLgl58 ..j-C- 0# !Ii e iltr;;2 I U ~ I <ii~l~e -tD< .. ~ [CCl'lz 8 " I~~~ ~ ~ . ~~ t!i~;1 ~ [5 l's~ :!:! H "'1.; ~ "- lib Uf b o u ."Z'ZZ~ _^\:9Z.~S.9Q .!l. ~-- ~- . - ,~Z'ZI~ ~ -' i2 2S"' ~",i >- . 1-tI w > : ! 1 i ~f n:: j" ~a- C\iI .. 8 ~ :J I .De (f) ; t~ll 'lililli ' ~wi~~ ~i r!f >- .'" E. I .. t ~ ~~~~Ii.ffl: <( 'liotoll 0 .11I ..: 'lit 1 II~ft; ~aj z :J ~h il!h~ 0 OJ WP.'IN' lL. ~l'Il~ l 1.11' r 0 ~j.ll~ ib ~] h..l..~fl'liw n.. '~lf. nj.jj!ll <( ~ If .:~l ~'. ~.t ~ !h~ nl~Jl' b ~ en <D <D b ,., crl .. <D 1IJ . en U) b N . o Ul i!l !!i'!.:'J ~u~ ;;~5 h~ \) "-- .:::: 7A [C 0 cO en fl ~ ffi m i~ ::l: :::l Z liS ~ h G: ~h ,is I l~'!.:'.l ':Ou'" " " "'i2 ' h~ . I . ~ \ ~ \ ~ \ \ ~. ~ . <D <D I ih l \'~. :4 r 1'1 :~ ~ 1 ! i 1 . ,00 ZZ~ ,66'11~ 3 "QI.ZS.9Q N ~ ~~ ~ .. CU-2002-AR-1943 - .. --- ExhibitB ... .>"~=r;~~___\ 1"'':J~~'' ... tNl()-l ,./ '-. '. .~ RECEIVED MAR 2 5 2002 Planning SeN/ces I I I I~~ . < I (D I ~ I ~ . I it i:l.\ I Proposed Church " Fellowship, Clossrooms Office % ~ ~ .1 "I E ..... Golden Gate 7th Day Adventist Propc)sed Church 500 seats Parking Required 3 spaces per 7 seats 500/7 x 3=214 ,... Parking. Provided 222 spaces Setbacks ~ ~ Front 50' Side 30' Rear 50' JI2.23, S 86d5J'2G- ." .., t is ~ fj :} ~ . . ~ SCALI: PJlOJICf ... 1--80. Golden Gale Golden Gale DATI: 7th Day AdvenUst 7th Day Adventlat e/ls/ol T."""",~ DR.l1lll BY mu .... rr - I'L PJ: , 41 TLI( S80ll bcM:'Cc J.... ",jj,.... n ~ .lPP'D BT Site Plan ( 1) 403-17llll nK ,...., ....nn"'\ An "nA~ fA SEVENTH DAY ADVENTIST CHURCH; CU-2002-AR-1943 CONDITIONS OF APPROVAL 1, The conditional use approval to allow a church and other places of worship is limited to a maximum of 500 seats and a maximum of 15,000 square feet in two buildings that will be no larger than 70 feet by 100 feet and 80 feet by 100 feet The use is further limited to what is depicted on the site plan identified as "Golden Gate 7th Day Adventist" prepared by Kepple Engineering, Inc" dated 6/13/01, stamped "Received March 25, 2002", except as further conditioned below, 2. Prior to submittal for any development approvals, the developer must re-design the site plan to show the following buffers: a) a minimum Type 0 buffer along the western boundary (Rivers Road) and the southem boundary (Ramsey Road) except that in that area shown as "existing vegetation to remain," In that area, the developer is only required to augment the existing vegetation as may be necessary to meet Type 0 standards. b) a 30' wide landscape buffer along the east property line to conform to the following: · All existing indigenous vegetation must be preselVed, · Re-grading of iand or water management uses in this area in excess of a one-foot re-grading is prohibited within this buffer area. · A double row native (indigenous) hedge consisting of plantings of at least five foot in height above the adjacent parking lot pavement surface shall be planted at 36" on center. This hedge must be maintained at a height of no less than six-foot in height above the adjacent parking lot pavement surface, No fence or wall is required, · Existing tree canopies with gaps greater than 25 linear feet shall be supplemented with native Type B landscape buffer trees located to fill such gaps, The augmentation must be in place prior to the issuance of a certificate of occupancy. 3, The developer must provide confirmation of access rights on Rivers Road, pave the entire length of Rivers Road from Immokalee Rd to the southernmost property line prior to the issuance of a certificate of occupancy, and provide a paved apron from Immokalee Road onto Rivers Road to the right-of-way line. 4, The area shown as "Existing Vegetation to remain" must be preselVed in its existing state, except that exotics must be removed in compliance with condition #5. 5. An exotic vegetation removal, monitoring and maintenance plan that will maintain the site exotic-free in perpetuity must be submitted to Planning SelVices Section Staff for review and approval as part of the Site Development Plan submittal. 6, The conditional use will expire three years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced; and further, the conditional use will expire one year following the discontinuance of the use for which the conditional use was granted unless the site was improved and or structures built for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. 7, Should the parcel to the wes! develop before this parcel, this parcel's access point must be re- designed to align with that access point. 8, Parking must be provided in compliance with the LOC requirements, in effect when site development approval is sought. 9. No variances from any LOG requirements have been granted as part of the acceptance of the subject site plan, If it is determined that the site plan is not in compliance with any LOG requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. Revised 9/18/02 CU-2002-AR-1943 Exhibit D G:ICurrentlDeselemlConditional Usesl7th Day Adventist Church CU-2002-AR-1943Iproposed conditions,doc fA December 27,2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 RE: CUE-05-AR-8568 Dear Legals: Please advertise the above referenced notice on Sunday, January 8, 2006, 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./Account # 113-138312-649110 ~ L 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 24, 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 CUE-2005-AR-8568, Golden Gate Seventh Day Adventist Church, represented by Blair Foley, P,E" requesting a one year conditional use extension as allowed per LDC Section 10,08,00,E,3, Conditional Use-2002-AR-1943 was approved by the Board of Zoning Appeals on October 22, 2002 (Resolution No, 02-435) as allowed per LDC Section 2.04,03 of the Agricultural - Mobile Home Overlay (A-MHO) for churches and places of worship, The subject property, consisting of 4,56 acres, is located on the east corner of Immokalee Road and Rivers Road, 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 COYLE, CHAIRMAN DWIGHT E, BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) December 27,2005 GOll,pty-of-G<:Jl,lier ~ ""~"'- " CLERK OF THE CtRCQIT COURT~' COLLIER COUNTY t' URTij,OUSE 3301 TAMIAMI T IL EAtT . P,O. BOX 4 ~044 \. NAPLES, FLORIDA'94101-3044 v I ~;F< 'ft;:~ , ;j---} , ~ 7A Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Blair Foley, P,E" LLC 120 Edgemere Way South Naples, FL 34105 Re: Petition CUE-2005-AR-8568 Golden Gate Seventh Day Adventist Church Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 24, 2006, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 8, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E, BROCK, CLERK O-u-u ~KLw ,Q( _ Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.coIlier.f1.us Fax - (239) 775-2755 Email: coIlierclerk(iV.c1erk.coIlier.f1.us Ann P. Jennejohn To: Subject: Attachments: Good Afternoon, ~ ~ 7A legals@naplesnews.com CUE-2005-AR-8568 Seventh Day Adventist CUE-2005-AR-8568.doc; CUE-05-AR-8568.doc Please advertise the attached on Sunday, January 8, 2006, Thank you, Ann 774-8406 ;.vJ ~ ~ CUE- 2005-AR -8568 ,doc (23 KB) CUE-05-AR-8568,d DC (22 KB) 1 Ann P. Jennejohn . , ..... 7A From: Sent: To: Subject: Clerk Postmaster Tuesday, December 27,20052:16 PM Ann P. Jennejohn Delivery Status Notification (Relay) Attachments: ATT1121366.txt; CUE-2005-AR-8568 Seventh Day Adventist o [] ATT1121366.txt CUE-200S-AR-8S68 (229 6) Seventh Day Au, 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 Ann P. Jennejohn From: Sent: To: Subject: Attachments: LJ CUE-2005-AR-8568 Seventh Day A... To: Subject, Sent: .. System Administrator [postmaster@naplesnews.com] Tuesday, December 27,20052:16 PM Ann P. Jennejohn Delivered: CUE-2005-AR-8568 Seventh Day Adventist GUE-2005-AR-8568 Seventh Day Adventist <<CUE-2005-AR-8568 Seventh Day Adventist>> Your message legals@naplesnews.com CUE-2005-AR-8568 Sevent:h Day Adventist Tue, 27 Dee 2005 14,16,09 -0500 was delivered to the following recipient{s): legals on Tue, 27 Dee 2005 14,16,29 -0500 1 , .... 7A CUE-2005-AR-8568 Seventh Day Adventist Page 1 of 1 Ann P. Jennejohn ~ fA From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, December 27,20052:46 PM To: Ann P. Jennejohn Subject: RE: CUE-2005-AR-8568 Seventh Day Adventist OK -----Original Message----- From: Ann p, Jennejohn [mailto:AnnJennejohn@c1erk,collier,fLus] Sent: Tuesday, December 27,20052:16 PM To: legals@naplesnews,com Subject: CUE-2005-AR-8568 5eventh Day Adventist Good Afternoon, Please advertise the attached on Sunday, January 8, 2006, Thank you, Ann 774-8406 <<CUE-2005-AR-8568.doc>> <<CU E-05-AR-8568.doc>> 12/27/2005 t - o NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the mattcr of Public Notice as published in said newspaper 1 timers) in the issue January 8th, 2006 Affiant further says that the said :\"aples Daily News is a newspaper publir;hed at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and I,cc counties of Florida, each day and has been entered as second class mail mattcr at the post offi.:c in Naples, in said Collier County, Florida, tor a period of 1 )'car next preceding the first publication afthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ~,~ ( Signature of affiant) Sworn to and subscribed before me This January 9th, 2006 z/ 'LL,", (:{ 'c4.--Q~ (Signature of notary public) ,~ ","'~"t"" . ,':;)\oi\,.,~~, Harnett Bushona '~;"~'):i MYCOMMISSION# 00234689 EXPIRES '~i-~-- M; 24, 2007 ',,SIf..;,,\' EONDEDTHRUTROYfAIN INSURANCE, tNC 7 ;1"' ._ a- CUE-2005-AR-8568 'it . PU:8JI~'NG , Notice Is hereby. g'iven that the Board of. COunty Commissioners' of Col- lier County wHihold a RubUc heartna on Tues- ..., Januory 24, 2006, In the Boardroom, 3rd Floor, . Administration Building, Collier County Government Center, 3301 Ea$t Tamlami Trail, Naples, Florida. The meeting will begin atl 9:00A.M. , The Board will consider Petition CUE-20OS-AR. 8568. Golden Gate Sev- enth Day Adventist Church, represented by Blair Foley, P.E~, request" I Ing a one year condI- tional use extension as allowed per LOC. Section 10.08.OD.E.3. COnditional, Use-2002-AR-1943 was I approved by the Board of Zoning Appeals on October 22 2002 (Resol- ution No. lb-435) as al- lowed per LOC Section 2.04.03 of tile Agrlcultur" al - Mobile Home Over. lay (A-MHO) for church. ~r..~tJ'~~&fJfV:g:,: erty, consisting 0 4;56 acres, Is loeateCl on the east corriet of Im'moka- lee Road and Rivers Road. Section 30, Town- ship 48 South. Range 27 East! Collier county, Aorlaa. NOTE: All Per$Ons wIIh- ing to- s,pee~ on any _'.."''''''.....15. tel' wllt1 IIlo County Ad- mlnlstratoi"prlor to pre- sentation of the agenda Item to be addr"ued. Individual speakers will be limited to 5 minutes on any Item. The selec. tlon of an Individual to speak on behalf of an organization or group is encouraged. 11 recog- nized by the Chair. a spokesperson for a group or organization may be allotted 10 min- utes to speak on an .."', Persons wishing to have written or graphic materials Included In the Board agenda' pack- ets must submit saId materlal a minimum of 3 weeks prior to there- spectlve public heartng. r In any ease, written ma- terials ..Intended to be I ~'ldtr:~~~~~g the appropriate county staff a minimum of sev. en days prior to the publiC hearing. All ma- terlalused In presenta- tions before the Board I will become a- perma. nent part of the reCord. Any person who decid- , es to app~I"l' decision of theliJoard wfll'r'ieed a record of theAl"Oc:eed. ings P4lrtalnlng thereto and therefore, .may need to ensure that a verbatim record of the proceedings Is made. which record Includes the testlmoll)' and evl. dence upon which 'the appeal 15 bas". BOARD OF COUNTY COMMISlSONQ15 COLLIER COUNTY, I FLOiIniA----- I FRED COI'Lf. CHAIRMAN :DWIGHTE~ BROCK, CLSlK :t::..~ JeAneIGhn, Dep" (SEAL) Jan. 8 No. 1288287 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE~(!) U Print nn pink papcrTA~a~ ~~~~c~~nt~?g~~d~c:m~~~~b~~~~?e~~c~~ te~f~~c;~~nmPl:t~~U~ng slip and origmal 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 exce tion of the Chainnan's 5i ature. draw a line thrau h routin lines # 1 throu #4, com Jete the checklist, and forward to Sue Filson (line #5 . Route to Addressee(s) Office Initials Date List in routin order I ,Sandra Lea CDES Administration /~J- PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the ~x~cutive 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. AJI 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 ' 2, Board of County Commissioners item.) Name of Primary Staff Michael J. DeRuntz, C.F.M., Phone Number 403-2416 Contact Principal Planner, Zoning and Land Dev. Review Agenda Date Item was January 24, 2006 Agenda Item Number 7A Approved by the BCC Type of Document Resolution - CUE~2005.AR-8568 Golden N umber of Original I Attached Gate Seventh Day Adventist Church Documents Attached 3, 4, 5, Sue Filson, anager Yes (lnitial) N/A(Not A licable) 6, Minutes and Records Clerk of Court's Office t '.'.u ~ PJf I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 L INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages ITom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages ITom contracts, agreements, etc, that have been fully executed by all parties cxcept 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 ITame or the BCC's actions are nullified, Be aware of our deadlines' The document was approved hy the BCC on Januarv 24. 2006 (enter date) and all changes made during the meeting have heen incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Hcable, 2, 3, 4. 5. 6. t. 7A MEMORANDUM Date: January 25,2006 To: Michael DeRuntz, Principal Planner C.P,M" Planning Services Prom: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution No. 2006-21 CUE-2005-AR-8568: Seventh Day Adventist Church Enclosed please find one (1) copy of the document, as referenced above, (Agenda Item #7 A), as approved by the Board of County Commissioners on Tuesday, January 24, 2006. If you should have any questions, please call me at 774-8406, Thank you, Enclosure 7A RESOLUTION NO, 06 -~ A RESOLUTION FOR THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER CUE- 2005-AR- 8568 FOR A ONE-YEAR EXTENSION OF CONDITIONAL USE EXTENSION FOR CU-2002-AR- 1943 FOR A CHURCH AND OTHER PLACES OF WORSHIP IN THE RURAL AGRICULTURAL ZONING DISTRICT WITH MOBILE HOME OVERLAY (A-MHO) FOR PROPERTY HEREINAFTER DESCRIBED IN SECTION 30, TOWNSHIP 48, RANGE 27, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on October 22, 2002, the Board of Zoning Appeals approved Resolution Number 02-435, attached hereto and incorporated by reference herein, as Exhibit "A" which granted a conditional use pursuant to Subsection 2,2.3.3,5 of the Land Development Code (Ordinance No, 91-102, as amended), for a church and other places of worship, on the below described property; and WHEREAS, Subsection 1O,08,E.3, of the current Land Development Code (Ordinance No, 04-41, as amended) provides that the Board of Zoning Appeals may grant one one-year extension for a conditional use which has not been commenced, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The written request of Blair A. Foley, PE, LLC. for one one-year extension of conditional use # CU-2002-AR-1943 for Golden Gate Seventh Day Adventist Church in interest of the following described property: "Exhibit B" is hereby approved pursuant to Subsection 10,08,E.3 of the Land Development Code, and all conditions applicable to Resolution No. 02-435, attached hereto and incorporated herein as Exhibit "A", is hereby extended for one additional year until October 22,2006, BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records ofthe Petition for which the extension is granted, CUE-2005-AR-8568 lof2 - 7A This Resolution adopted after motion, second and majority vote, -to/ Done this -< 1/ - day of Jd.;/L.la r 006, ATTEST: DWIGI;:Ii.;,E, BROCK, CLERK 'i',. BOA F ZONING APPEALS COLLI R COUNTY, FLORIDA " ~>~-' Fi"iillk Halas , H AN ......, JJla..~!.{_LV on. 1Jt:<"-L#.,d Marjori M, Student - 'Stirling Assistant County Attorney .OZ(.d'.(,,~ Item# riA Agend"\_:lLL-t\/ Date ~ Date l-dS -b \a Rec'd CUE-2005-AR-8568 20f2 7A RESOLUTION NO, 02-~ A RESOL ION PROVIDING FOR THE ESTABLISHMENT OF CONDITION{\L USE "7" FOR A CHURCH AND OTHER PLACES OF WORSHIP n!I THE "A-MHO" ZONING DISTRICT PURSUANT TO SECTION 2.2:2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 'ourn.1G' " ""'. COU,ffiR COUNTY. noRmA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws ofFlorida, and Chapter 125, Florida slatutes, has conferred on Collier County the power to establish, coordinate and enforce ZOnin~ and such business regnlations as are necessary for the protection of the public; and I WHEREAS, the Corty pursuant thereto has adopted a Land Development Code (Ordinance No, 91-102, asrmended) which includes a Comprehensive Zoning Ordinance establishing regnlations for tJe zoning of particular geographic divisions of the County, among which is the granting of condltiOnal Uses; and WHEREAS, the COllrr County Planning Commission, being the duly appointed and constituted planning board fori the area hereby affected, has held a public hearing after notice as in said ,regulations made and provided, and has considered the advisability of Conditional Use "7" of Section 2,2.2.3 in an '~-MHO" Zone for a church and other places of worship on the property hereinafter deSCribedll and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement ha e been made concerning all, applicable matters required by said regnlations and in accordan:fcel with Subsection 2,7.4.4 of the Land Development Code for the Collier County Planning Co . ssion; and WHEREAS, all interes ed parties have been given opportunity to be heard by this Board in a public meeting assembled bd the Board having considered all matters presented, I NOW, THEREFORE, BE IT RESOLVED, BY TIIE BOARD OF ZONING APPEALS I . OF COLLIER COUNTY, FLOrA that: The petition, identified I as CU-2002-AR-1943, filed by Terrance L. Kepple, of Kepple Engineering Inc. representing Golden Gate Seventh Day Adventist Church stating with respect to the property hereinafter deSCribrld as: . Exhibit "B'. which is attached hereto and I incorporated by reference herein be and the same is hereby approved for Conditional Use 1"7" of Section 2,2,2,3 of th~ "A-MHO" Zoning District for a church and other places of worship in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following con~itions: . Exhibit "D" which is att~ched hereto and incorporated by reference herein. EXHIBIT "A" lA BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board, This Resolution adopted after motion, second and majority vote. Done this d d. !:!P day of is) Q.. TO 8. E R ,2002, .............,"""\\,.\\\ ....' t...,. :';'('JM~" lltl ~.-<~_~:.~:~:.. ~~.. .:~.~f. tfla. \/ .: ~':>'<'\-T3iE.stf~<,", ~ "'o'~ I~ : :.: :bWIClU:i'ii;BRObl Clerk ~ {~: 'J,Atte$t,I~t:~~ !:jlall'1llan's ; ::.~. t~9n~tui;e.p~1,!'; " ','l.,~f-l<;"~'~ "'" (\ \ (, '~>..' 4).'-. I'I 'I'~l ..........:t"~>>.'-. ..+ J 111~pt~6%fI:;g.("-Form and Leg~r'siitfi"ciency: ~~ Patrick G, White Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: #~~ JAMM'N, COLETTA, C Attachments: A, B. C, D, Findings of Fact Boundary Survey and Legal Description Conceptual Master Plan Proposed Conditions CU-2002-AR-1943/KDllo r 7A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-1943 The following facts are found: 1. Section 2.2.2,3.7, ofthe 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) (;;b---'-' -I} be recommended for approval DATE: q,/q-tf')- I<~b~crc;: CHAIRMAN: EXHIBIT A ~ !5~~ feu'" " .. aoi~ h~ \) "'-.::: ~e ~ ~~~ . ~:j ~ ~~~l ~=~ ? :g~~ ~i~ ~ ~ <r ~~~ffi a~~ ! ".. z ~",::l3 ..~.. f ,J, 0:: -~~ll ~~iI ~ ~ "~ ~ ~ag ;:1 i ~ ~ i !l![';j2 ft~8 ~" o .. ~~S ~ii~ I ~ 6 ~ ~ii!~ ~~8 !:II;: ... i5o< :il "' . . i' ~ ::EUJ~ uiui~ ~ ~.-'" :; .~< U1~Cl UJl-~ QU10 ~ ..J uClLL. <~ . ::ENt3 ..J ..J -J.....O" -(0< CIlalZ o 2 u . ~ ~ -' - !" w:s_~'Qf >5 oS i ,g :ii{ O::l"'~~P ~ .2" i ~ .lie (j) p fitli -alil'lli G A:;~,., .. ,....~ >-" ~Iol~":' ~i t!i i~"lE' ! u~ n:: l~~di !lr~l~ <( -a"!f",~ro' ~ Ii ~ ~ lit ~~~ .. Hi is ~ii~lfft}f" m ~ cj.!la f t,i LL ;!~iidtilf o ~H~ifb~l>'!1 h g- ~ H~ 8 j "l.t'fo. I: ~ 0_ 0.. "~ ~ ."1 ii i ~ c..fie ,,-: <( ,ll.'i~j.!l HlI.I ~ H~IHn~;'e ~ s.... ~g~ "i~ 28:; ~..i ;~~ ~ ~ ~ ~8:t1 =Ub i ~ ~I ~!!i5I~r;~ ;~~ ,~ ~j d;~~I~ !~I I ~bi ~~~~=I li!~~ ~ eQ: ~~~!:~ il~ :! :~~ ;~~~ll~ Iii )i!!l~ !n:~ Nli~ j:t1~: ~li!i!!' i eb9 ~if ~~~~~~g ~ .V(:'zz~ No "9Z,~S.9Er S ..--.---- -.. .~Z'ZI~ ;, '" ai '" '" ;, "l en .. '" UJ . en II) ;, ~ 5 III .00 zz ~ ,66'1I~ 3 "ErI,Zs.99 N CU-2002-AR-1943 Exhibit B- . ~ ~h 1 , ,., 1-1! :! ~ I ~ ' is I I . ~ ~~ 1SY3 J.2-39N'V"1:l'-'Hl.nos \ 13:' dl-lSHNlOJ. .o~ HOU..:!:ilS;JO \. .3NlJOO >/1 fI1lIOI< 3fti .Lv ...-1. IUCl~":"Wt'I.,... rNl().4../ Ii! ",..::I :O~..,. " .. "'~~ ' h~ N ,. ai '" '" ~" , 'U '~- .. .. " .. .. ., ~~~ N .. .; .. .. ... 7A co o cO en il ~ c: &.J m ,.!l ::ll ~i ~ ~~ ~ h l.: I, .~ RECEIVED MAR 2 5 2002 Aanning Services Golden Gate 7th Day Adventist Propo'sed Church 500 seats Parking Required 3 spaces per 7 seats . 500/7 x 3=214 Parking Provided 222 spaces Setbacks ~ Ii' Front 50' ~ Side 30' Rear 50' Tern.noe ~ I'LPJ:, 41~ S800 _",- ~... H.p.... n 54.. ("") """-'780 .... I I I :;Or-- I :;t (1) J ~ I , I I Proposed Church Fellowship, Clossrooms Office w E is .. fi o .. ... ~ E 31.2..23., S 86d5J'26~ VI ""ALE 1"-eo" DAn 8/13/01 ORAD BY TLI< J.PP'D BT TLI< PllCaCf ... Golden Gale 7th Day AdvenlWt mu: Golden Gale 7th Day Adventist ...,. OT __ Site Plan ,..... ....nn.... Arlo .. ""....." l 7A SEVENTH DAY ADVENTIST CHURCH; CU-2002-AR-1943 CONDITIONS OF APPROVAL 1, The conditional use approval to allow a church and other places of worship is limited to a maximum of 500 seats and a maximum of 15,000 square feet in two buildings that will be no larger than 70 feet by 100 feet and 80 feet by 100 feet The use is further limited to what is depicted on the site plan identified as "Golden Gate ih Day Adventist" prepared by Kepple Engineering, Inc" dated 6/13/01, stamped "Received March 25, 2002", except as further conditioned below. 2, Prior to submittal for any development approvals, the developer must re-design the site plan to show the following buffers: a) a minimum Type 0 buffer along the western boundary (Rivers Road) and the southern boundary (Ramsey Road) except that in that area shown as "existing vegetation to remain," In that area, the developer is only required to augment the existing vegetation as may be necessary to meet Type 0 standards, b) a 30' wide landscape buffer along the east property line to conform to the following: · All existing indigenous vegetation must be preserved, · Re-grading of land or water management uses in this area in excess of a one-foot re-grading is prohibited within this buffer area. · A double row native (indigenous) hedge consisting of plantings of at least five foot in height above the adjacent parking lot pavement surface shall be planted at 36" on center. This hedge must be maintained at a height of no less than six-foot in height above the adjacent parking lot pavement surface, No fence or wall is required, · Existing tree canopies with gaps greater than 25 linear feet shall be supplemented with native Type B landscape buffer trees located to fill such gaps. The augmentation must be in place prior to the issuance of a certificate of occupancy, 3, The developer must provide confirmation of access rights on Rivers Road, pave the entire length of Rivers Road from Immokalee Rd to the southernmost property line prior to the issuance of a certificate of occupancy, and provide a paved apron from Immokalee Road onto Rivers Road to the right-of-way line. 4. The area shown as "Existing Vegetation to remain" must be preserved in its existing state, except that exotics must be removed in compliance with condition #5, 5, An exotic vegetation removal, monitoring and maintenance plan that will maintain the site exotic-free in perpetuity must be submitted to Planning Services Section Staff for review and approval as part of the Site Development Plan submittal. 6, The conditional use will expire three years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced; and further, the conditional use will expire one year following the discontinuance of the use for which the conditional use was granted unless the site was improved and or structures buill for the specific uses approved by a conditional use and which cannot be converted to a use permitted by the underlying zoning designation of the site. 7, Should the parcel to the west develop before this parcel, this parcel's access point must be re- designed to align with that access point 8, Parking must be provided in compliance with the LOG requirements, in effect when site development approval is sought 9. No variances from any LOG requirements have been granted as part of the acceptance of the subject site plan, If it is determined that the site plan is not in compliance with any LOG requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. Revised 9/18/02 CU-2002-AR-1943 Exhibit 0 G:\Current\Deselem\Conditional Uses\7th Day Adventist Church CU-2002-AR-1943\proposed conditions,doc 8 A '''-';~ , ,- ,\'1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement (Display Adv" location, etc,) Other: ********************************************************************************************************* 1"<ti? Person: Michael Bosi Date: CvJt.~~ Originating Dept/ Div: Comm.Dev.Serv.lPlanning Petition No, (If none, give brief description): PUDZ-A-2005-AR.7403, Pine Ridge Mixed Use Center PUD Petitioner: (Name & Address): Planning Development Inc., Michael Fernandez, 5133 Castello Drive, Suite 2 Naples, Fl. 341m Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Grand Inn Of Naples, Inc., 1100 Pine Ridge Rd" 4th Floor, Naples, Fl. 34108 Hearing before BCC BZA Other Requested Hearing date: November 15, 2005 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: 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, Collier County, Florida, This property consists of 4.02:t acres and is located at 1100 Pine Ridge Road, 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: ~1:.~/~~ ~~{(p(o) 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 Clerk1s Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: 10 I, 0/D5 Date of Public hearing: 1\ /, ~ /0 c, Date Advertised: I~ 1"',0 L 5 II II ~v I~ 8 . A ""',~ , .~, . . ~ ORDINANCE 05- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004-41 AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE POO ZONING DISTRICT TO THE "MPOO" MIXED USE ZONING DISTRICT BY REVISING THE EXISTING PINE RIDGE MEDICAL CENTER POO DOCUMENT AND POO MASTER PLAN TO REDUCE THE COMMERCIAL USE TO 10,000 SQUARE FEET, RENOVATE THE EXISTING HOTEL INTO A CONDOMINIUM BUILDING WITH A MAXIMUM OF 64 RESIDENTIAL UNITS AND CHANGE THE NAME OF THE POO, LOCATED AT 1100 PINE RIDGE ROAD, IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, LOT 51, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.02:t ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 95-52, AS AMENDED, THE FORMER PINE RIDGE MEDICAL CENTER POO; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Michael Fernandez of Planning Development me" representing Grand Inn of Naples, Inc" petitioned the Board of County Commissioners to change the zoning classification of the subject real property, pursuant to Petition POOZ-A-2005-AR-7403; NOW, THEREFORE, BE IT ORDAINED BY The Board of County Commissioners of Collier County, Florida, that; SECTION ONE: The Zoning Classification of the subject real property located in Section ]5, Township 49 South, Range 25 East, Lot 51, Collier County, F]orida, as described in Section 1.2 of the POO Document is changed from the POO zoning district to the "MPOO" Mixed Use zoning district by revising the existing Pine Ridge Medical Center POO Document and POO Master Plan to reduce the commercia] use to ] 0,000 square feet, renovate the existing hotel into a condominium building with a maximum of 64 residential units and change the name of the POO, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004- ,.. 8 A,~" :(" .0,,/ 41, as amended, the Collier County Land Development Code, are hereby amended accordingly, SECTION TWO: Ordinance Number 95-52, as amended, known as the Pine Ridge Medical Center PUD, adopted on Qctober 10, 1995, by the Board of County Commissioners of Collier County, is hereby repealed and replaced in its entirety, SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State, PASSED AND DULY ADOPTED by supermajority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2005, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DEPUTY CLERK BY: FRED W, COYLE, CHAIRMAN Patrick G, ite Assistant County Attorney PUDZ-A-2005-AR-7403/MB/sp . I EXHIBIT "A" aLA - ~-$) I PINE RIDGE MIXED-USE CENTER A Planned Unit Development REGULATION AND SUPPORTING MASTER PLAN GOVERNING PINE RIDGE MIXED-USE CENTER. A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Grand Inn of Naples, Inc. 1100 Pine Ridge Road Naples, Florida 34103 PREPARED BY: Michael R. Fernandez, AICP Planning Development Incorporated 5133 Castello Drive Suite 2, Naples, Florida 34103 239.263.6934/239.263.6981fax POI MRF @ aol.com ORIGINAL DOCUMENT DATE REVISION DATE DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 03/18/05 06-24-05 TABLE OF CONTENTS PAGE THRU 8 A-- ~ PAGE LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION v iii iv PROPERTY OWNERSHIP & DESCRIPTION II PROJECT DEVELOPMENT III MIXED-USE DEVELOPMENT COMMITMENTS IV DEVELOPMENT COMMITMENTS 1-1 2-1 3-1 4-1 1-3 2-3 3-3 4-4 EXHIBIT "AU TABLE I 8 A ~,!*... .)l LIST OF EXHIBITS AND TABLES PUD Master Plan Land Use Table Page iii 8A~""!4i STATEMENT OF COMPLIANCE The development of approximately 4,02 acres of property in Collier County, as a Planned Unit Development to be known as Pine Ridge Mixed Use Center will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan, The mixed-use residential and commercial development of Pine Ridge Mixed Use Center will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1, The subject properly is located in an area identified as an Activity Center in the Growth Management Plan for Collier County, 2. Activity Centers are the preferred locations for the concentration of commercial, high- density residential and mixed-use development activities, 3, The subject property is located on Pine Ridge Road with the main access to the development aligned with a directional median serving the subject property and a secondary and minor access from the south off of Castello Drive, This strategic location allows the site superior access for the placement of mixed-use activities, 4, The project development utilizes creative land use planning consistent with Policy 5,3 of the Future Lane Use Element 5, The project development is consistent with Policy 5,3 for the reason that it minimizes the cost of community facilities by confining urban intensity development to areas designated as Urban, The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of landscape buffers, and the proposed development standards contained herein, 6, The project development is a mixed-use development and utilizes innovative land development techniques consistent with Policy 5,6 of the Future Land Use Element 7, The project development provides interconnection to adjacent local streets consistent with Policy 7.3 of the Future Land Use Element 8, The proposed residential density of 16 units per acre is consistent with the Mixed Use Activity Center Subdistrict which provides for mixed use development with up to 16 units per gross acre, Subject Property Area is 4,02 acres x 16 units per acre = 64 dwelling units maximum, 9, The project will be served by a complete range of services and utilities as approved by the County, Water and sewer utilities are provided by the City of Naples, 10, All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Pageiv SECTION I e A "-.!II -, ., o '~1 PROPERTY OWNERSHIP AND DESCRIPTION 1,1 PURPOSE The purpose of this section is to set forth the location and ownership of property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Mixed Use Center. 1,2 LEGAL DESCRIPTION The subject property being 4,02:t acres, is described as: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to map thereof recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: Commence at the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 662,3 feet; thence run Southerly for 15 feet to the Northwest corner of the East half (E1/2) of West half (W1/2) of said lot 51 to the point of beginning: thence run South along the West line of said East half (E1/2) of the West half (W1/2) for 316,5 feet more or less to the South line of said lot 51: thence run East along said South line for 150 feet; thence run North parallel to said West line of the East half (E1/2) of the West half (W1/2) for 316,5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 150 feet to the point of beginning: being West 150 feet of said East half (E1/2) of the West half (W1/2) of Lot 51, less and except the North 10' thereof, East 150 feet of the West 300 feet of the East half (E1/2) of the West (W12) of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier County, Florida, less and except the Northerly 15' thereof. A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to a map or plat thereof as recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15 feet to the Northwest corner of the East half (E1/2) of the West half (W1/2) of said Lot 51, thence run Easterly along the North line of said Lot 51 for 375 feet to the point of beginning of the lands hereby conveyed, From said point of beginning run South, parallel to the West line of said East half (E1/2) of the West (W1/2) for 316,5 feet more or less to the South line of said Lot 51, thence run East along said South line for 75 feet, thence run parallel to said West line of the East half (E1/2) of the West half (W1/2) for 316,5 feet more or less to a point on the North line of said Lot 51: thence run West along Page 1-1 8 A'. . II said North line for 75 feet to the point of beginning, being the East 75 feet of the West 450 feet of said East half (E1/2) of the West half (W1/2) of Lot 51, South 105 feet of the East 125 feet of the West y" of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, East half (E1/2) of the West half (W1/2) except the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for right-of-way, Lot 51 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida, East 75 feet of the West 375 feet of the East half (E1/2) of the West half (W1/2) of Lot 51 less the North 15 feet for right-of-way, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida, 1,3 PROPERTY OWNERSHIP The Property is owned by Grand Inn of Naples, Inc" Michael Kessous (contact) and is hereinafter called "applicant or developer", 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A The property is located in Section 15, Township 49 South, Range 25 East. The Property consists of approximately 4,02 acres and is located approximately 740 feet from the southeast corner of U,S, 41 and Pine Ridge Road and off and south of Pine Ridge Road, The Property currently supports a 105-room hotel, an 8,OOOi: square foot restaurant and approximately 30% or 1.2 acres of open space, B. The zoning classification of the Property prior to the date of this approved PUD Document was PUD, 1,5 PHYSICAL DESCRIPTION The Property has the following designation relative to flood - FEMA FIRM Flood Zone X: area of 500-year flood or area of 100-year flood with expected average depth of less than 1 foot: and areas protected by levees from 100-year flood, Community-Panel Number 120067 0383 E: Map Revised August 3, 1992, 1,6 PROJECT DESCRIPTION Pine Ridge Mixed Use Center is a proposed mixed-use center, which will support a maximum intensity of development not to exceed commercial square footage of 10,000 square feet and 16 residential dwelling units per acre, Page 1-2 8 A ..,. .~t 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Mixed Use Center Planned Unit Development Ordinance," Page 1-3 8A.....- . -'il SECTION II PROJECT DEVELOPMENT 2,1 PURPOSE The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances and other project relationships, 2,2 GENERAL A, Regulations for development of Pine Ridge Mixed Use Center shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat (if required), Final Site Development Plan, Excavation Permit and Preliminary Work Authorization, Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development code shall apply, B, Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application, C, All conditions imposed and all graphic material presented depicting restrictions for the development of Pine Ridge Mixed Use Center shall become part of the regulations which govern the manner in which the PUD site may be developed, 0, Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD, E, Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6, Section 6,02,00 Adequate Public Facilities of the Land Development code at the earliest or next to occur of either final SOP approval, final plat approval, or building permit issuance applicable to this development 2,3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including access locations, is illustrated graphically by Exhibit "A" PUD Master Plan, There shall be one (1) general mixed-use tract Page 2-1 8 A -~. .-<l'~ I ~; TABLE I: PINE RIDGE MIXED USE CENTER ESTIMATED LAND USE SUMMARY TYPE UNITS / SQUARE FOOTAGE ACREAGE MIXED USE 64 multi-family units Commercial/Restaurant 10,000 4,02:t Exhibit "A" is a PUD Master Plan and is an illustrative preliminary development plan, Design criteria and layout illustrated on this supporting exhibit shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the Project Development, as set forth in this document. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A mixed use center with a maximum intensity of development which shall not exceed 64 multi-family units and 10,OOO:t square feet maximum of commercial/restaurant. The gross project area is 4,02:t acres. 2,5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida as may be applicable, B, Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan, Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan, Any division of property and the development of the land shall be in compliance with Chapter 4, Section 4,03,00 of the Collier County Land Development Code, and the platting laws of the State of Florida, C. The provisions of Chapter 10 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Chapter prior to the issuance of a building permit or other development order. D, Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities, E, Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Chapter 4, Page 2-2 2,6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN 8A (Ii '; Amendments may be made to the PUD as provided in the Collier County Land Development Code Section 10,02,13, 2,7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association or another appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 10,01, 13L 2,8 LANDSCAPE BUFFERS, FENCES AND WALLS Landscape buffers, fences and walls are generally permitted as a principal use throughout the Pine Ridge Mixed Use Center, The following standards shall apply: A, Landscaping slopes shall have the following maximum side slopes: 1, Grassed slopes 3:1 2, Ground covered slopes 2:1 3, Rip-Rap slopes 2:1 4, Structural walled changes in elevation - vertical The above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards, 2,9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pine Ridge Mixed Use Center PUD, A General Permitted Uses: 1, Essential services as set forth under Collier County Land Development Code Section 2,01,03, 2, Water management facilities and related structures, 3. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, Page 2-3 . 8 A..;..a, ~i SECTION III MIXED USE DEVELOPMENT STANDARDS 3,1 PURPOSE The purpose of this Section is to set forth the regulations for the Property designated on Exhibit "A", PUD Master Plan, as "Mixed-Use", 3,2 No building or structure, or part thereof, shall be erected, altered or uses, or land or water used, in whole or in part, for other than the following: A Permitted Principal Uses and Structures: 1, Multi-family 2, Restaurant(s) without a drive through, B, Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in the above districts, 2, Covered parking structures/garages. 3,3 DEVELOPMENT STANDARDS: A Lot Area: 10,000 square feet B. Lot Width: 100 feet C. Maximum Buildinq Heiqht & Setback Requirements: 1, Primary structures: project boundaries: Max, Bldg, Height Setbacks Requirements Front (East) Side (West) Side Rear 25 ft 35 ft 45 ft 25 ft 25 ft 35 ft 25 ft 50 ft 75 ft 25 ft 25 ft 35 ft 25 ft 50 ft 75 ft 2, Setback requirements for primary structures: interior boundaries: the greater of 10 feet or half the height of the structure, Page 3-1 -8 A t " tI,. 3, Setback requirements for covered parking and I or garage accessory structures: 15 feet: except from Pine Ridge Road which requires a 20 foot setback, 0, Distance Between Principal Structures: A minimum of half the sum of the height of the structures, unless attached, then none, E, Maximum Heiqht of Covered Parkinq: Twelve (12) feet F, Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G, Landscapinq: As required in the LOC unless specified herein, All trees within buffers adjacent to right-of-way shall be installed with a County Staff approved deep root system, 1, The following buffers are considered to meet or exceed LOC required buffers: a, PUO Type "0,1" Landscaped Buffer: This buffer shall have an overall width of 20 feet The public sidewalk has been displaced from public right-of-way to within the subject property where practical. This has provided desirable landscaped separation between sidewalk and the roadway curb, The width of the displaced sidewalk is included within the width of this buffer, Tree and hedge installation shall meet the requirements of the LOC Type 0 buffer. b, PUO Type "B,1" Landscaped Buffer: LOC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided: except that the spacing of the shade trees, shall be 15 feet and the trees shall have a minimum height at installation of 12 feet c, PUO Type "B,2" Landscaped Buffer is required where the subject property abuts commercially zoned property: LOC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided: except that the spacing of the shade trees shall be 20 feet and the trees shall have a minimum height at installation of 10 feet Page 3-2 8 A ~ ~ .1 2, In order to facilitate the potential retention of existing trees, no water management or no new lines of continuous utilities shall be developed within the required buffers, H, Landscapina for Off-Street Parkina: In order to facilitate the retention of existing trees, rows of parking may contain more than ten (10) parking spaces uninterrupted by a landscaped island provided that an average of ten (10) or less spaces is maintained within the overall development I. Open Space Reauirements: Thirty (30) percent of the acreage of the PUD, This acreage may include the development of open space plaza features inclusive of water elements, and decorative pedestrian walks and seating areas enhanced by landscaping, J, Liahtina: The maximum height of parking lot and site lighting fixtures shall be 16 feet and installed and located in a manner so that light shall shielded from residentially zoned area. No neon lighting shall be visible from the exterior of the project Page 3-3 8 A."~ ~Ij .~; SECTION IV DEVELOPMENT COMMITMENTS 4,1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project 4,2 GENERAL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PUD, Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, or successor ordinance, shall apply to this project The developer, his successor and assigns shall be responsible for the commitments outlined in this document These developer commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions or similar recorded instrument Such provisions must be enforceable by lot owners against the developer, it successors and assigns, regardless of turnover or not to any property or homeowners' association, The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property, In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement 4.3 PUD MASTER PLAN A, Exhibit "A," PUD Master Plan, illustrates the proposed development and is conceptual in nature, Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time, 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 on the Property, 4.4 ENVIRONMENTAL A. This PUD 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. Page 4-1 -8 A '~ B. All category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. C. This PUD is required to maintain 10,541 square feet of preserve /mitigation and these areas shall minimally meet the development standards permitted by SDP- 147. D. A Preserve Area Management Plan shall be provided to Environmental Review Staff for approval in the first subsequent application for SOP Amendment or new SOP after approval of this PUD. The Plan shall delineate location of the provided 10,541 square feet( of preserve/mitigation and shall identify methods to address treatment of invasive exotic species, fire management, and maintenance. 4.5 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devises (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Section 6.02.01. of the LDC, as it may be amended. Page 4-2 F. 8A - W All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. K. If a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. A sidewalk connection will be made from Castello Drive to the sidewalk at the handicap parking area. 4.6 MONITORING REPORT AND SUNSET PROVISIONS A. The Pine Ridge Mixed Use Center PUD shall be subject to the Sunset Provisions of Chapter 10, Section 10.02.13.0 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant To Chapter 10, Section 10.02.13.0 of the Collier County Land Development Code. 4.7 POLLING PLACES Pursuant to Chapter 4, Section 4.07.06, Provision of Polling Places, of the Land Development Code, provision shall be made for the future use of building space within common areas (if provided) for the purposes of accommodating the function of an electoral polling place. Page 4-3 8A il; An agreement recorded in the official records of the Clerk of Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. Page 4-4 lQJlQJlm rt)J ~ =6~ (1ij ~ ~g~ M F F m = ~ JgJ~!l !;J :Jjj) ~ =~9 M gw ~ ~ m~ ~JgJ =lQJ ~F m~ g~ m '" 6 x Cii "1 -; W z " Gl c m en 0 Z cD Gl lQJ "r enm "" 6 ,,, <;,: ..;;:: z ;= 0 g -< en n " )> m " en ~ is CD m c z " -; " i' ~ on PELICAN PLACE SHOPPING CENTER C-4 COMMERCIAL ZONING DISTRICT I BA ~ ~r en m o -; is z ~ .'" 0-; 00 r:;: C:z men "I 0- 0" c" z'" ~8 - c "-; rI 0- "" -" Oz "Gl m N '" m ili ,.; "@ i~ ~~ ~ !;J ~1:i;g~ zr~ o~n ~"'lIOZ 0 00 n en " ~z< ....c~~ " ~ 0 =i c :'1'r);~ 00>> ~ en <: ~ 0 _0- -a~-<r- Z 6 <: O~ i:....toz ~ ~ )> 0 m ~~ en z on ~ - nO mmmo on ~ 0 ~"'lI>nl " ~ n ~ < ..\>oCOrrl )> '" '" )> ~ oeo ~g~c n r r r 0 u;~ ~ ~...,;;lJ ~~~~ " nn <: ,,~ ~~~5 ~ u;n Z ~ ;:aC"Ilrn ~ ~n On;:ac ZZ ~z~!! Z 00 n ~iilonl ~ ,,0 ~ n r-zm"U Z z~ c:U)o~ en , ne i~:i! =i i "0 C);:a~i! -< ~~ UNDEVELOPED Gl I' (,I)m>"ll z" COMMERCIAL 0 ~~;:a;:a I ~~ 0 toi!!mO , 0 >onriii ! ~~ r ~e m 0-101: no =1 "'5zm rn ;:az~z '" m~ " co! m m(lltll-! ~- g~;ri~ 0 "'" .0 0, ~~ 0 " n . 0 N ~ 0 ~o~~ ec 0 " " o 0 0 )> z it; ~!D ;:.:;::.: ~ " " en m ~ :z:~ , " N <:u ~ " en rn r o , . ... )> x ' MUL TI.STORY SELF STORAGE BUILDING " 0 n :~r );> c c n a 3 ~ -*. PLANNING DEVELOPMENT INCORPORATED ("'...."PINE RIDGE MIXED USE PUD DEVHOI'I,IE/jTCONSu!.TIWTS.ENGlNEERS, PlANNERSAIIOUNDSCIPENlCHIT/!CTS :>133 CASTEUO DRIVE; SUITE Z. #APLES. FLORIDA J4JQJ 2..,.,..,-"..._,70....el(f..)I'IlJ"......o~c"" GR'''I> 1""0' """LEs. III!:: 1J~":~..=~..,~lAD """"t......'€<"'''''''' 1 ;;;"~ASTER PLAN ~. .....~(~w. <U,~"') EXHIBIT >>A>> ~ ~ :'><:'" [".'" '''.''- ]e;,;;) . NAPL[S,FLORIDA~ -SA."" October 11, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-A-2005-AR-7403, Pine Ridge Mixed Use Center PUD Dear Legals, Please advertise the above referenced notice on Sunday, October 30, 2005, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. '5r1kcJ~ Michelle ~:~t Deputy Clerk P.O.!Account # 113-138312-649110 a A": ji NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, NOVEMBER 15, 2005, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004-41 AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE PUD ZONING DISTRICT TO THE UMPUD" 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 SQUARE FEET, RENOVATE THE EXISTING HOTEL INTO A CONDOMINIUM BUILDING WITH A MAXIMUM OF 64 RESIDENTIAL UNITS AND CHANGE THE NAME OF THE PUD. LOCATED AT 1100 PINE RIDGE ROAD, IN SECTION 15, TOWNSHIP, 49 SOUTH, RANGE 25 EAST, LOT 51, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.02+/- ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 95-52, AS AMENDED, THE FORMER PINE RIDGE MEDICAL CENTER PUD; AND PROVIDE FOR AN EFFECTIVE DATE. The Board will consider 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, Collier County, Florida. This property consists of 4.02+/- and is located at 1100 Pine Ridge Road. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 SA 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: Michelle Morales, Deputy Clerk (SEAL) ~ . .... ,) Dwight E. Brock Clerk of Courts GOlipfy'ofGollier CLERK OF THB-t:;tRCUIT COURT COLLIER COUNTY qoURT1l0USE 3301 TAMIAMI 1lAIL EA;ST . P.O. BOX 4fa044 \. NAPLES, FLORIDA ~~101-3044 t( I SA . .. Clerk of Courts Accountant Auditor Custodian of County Funds fiJ~~ . I )-.--JI October 11,2005 Planning Development, Inc. Michael Fernandez 5133 Castello Drive Suite 2 Naples, Florida 34103 Re: Notice of Public Hearing to consider Petition PUDZ-A-2005-AR-7403, Pine Ridge Mixed Use Center PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 15, 2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 30, 2005. You are invited to attend this public hearing. Sincerely, Enclosure Phone - (239) 732-2646 Wcbsitc: www.clerk.colIier.fl.us Fax - (239) 775-2755 Email: colIierclerk(iilclerk.colIier.f1.us :1, Dwight E. Brock Clerk of Courts Go.1.1pty-ofCollier CLERK OF THE CIRCUIT COURT COLLIER COUNTY CpURT~9USE 3301 TAMIAMI niAIL EA'ST P.O. BOX 4i:~044 NAPLES, FLORlDA'~,4101-3044 -, October 11, 2005 Grand Inn Of Naples, Inc. 1100 Pine Ridge Rd 4th Floor Naples, Florida 34108 Re: Notice of Public Hearing to consider Petition PUDZ-A-2005-AR-7403, Pine Ridge Mixed Use Center PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 15,2005, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 30, 2005. You are invited to attend this public hearing. Sincerely, DWIGHT E. M chelle Morales, Deputy Clerk Enclosure Phone - (239) 732-2646 Wcbsitc: www.cIerk.collier.fI.us Fax - (239) 775-2755 Email: colliercIerk<q)c1erk.collier.fI.us Page I of I 8A ~ Michelle A. Morales _.^_^__~._______._...~.~_w_____ .' _'__'W__"_'___"._._w.~~__..,.~~~._w___.__._.____...___~___~__'__'_____*_'_*'*__'___~____ From: Michelle A. Morales Sent: Wednesday, October 12. 2005 11 :02 AM To: 'Iegals@naplesnews.com' Attachments: PUDZ-A-2005-AR.7403.doc; PUDZ-A-2005.AR-7403.doc Please advertise the attached notice on Sunday, October 30, 2005 If you have any question, please feel free to contact me @ 732-2646 ext 7240. i~ Michelle Morales crerf(of the Circuit Court CoCCier County Courthouse Compul( ,;l1inutes and'RJ?cordS (Department 3301 %miami 'Ji-aiC'East S'{apus, (FCorida 34101.3044 (Z39) 732-7646 ext 7240 (Michelle.Moral",_s@cleri<.(;()llier.tl'lls) - - --.- --' ""__.. _w_.~,~-- ""'~- .----- Express yourself with 400+ FREE Email Stamps - <:lick here! Express yourself with over 8,000 FREE Email Smileys - click here! 10/12/2005 Michelle A. Morales SA- .~~'l From: Sent: To: Subject: ClerkPostmaster Wednesday. October 12. 2005 11 :02 AM Michelle A. Morales Delivery Status Notification (Relay) Attachments: ATT3192653.txt; Untitled Attachment IJ B ATT3192653.txt Untitled Attachment (431 B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Michelle A. Morales 8A '>.. From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday. October 12, 2005 11 :01 AM Michelle A. Morales Delivered: Attachments: Untitled Attachment rC:~;1 L=-J Untitled Attachment <<>> Your message To: Sent: legals@naplesnews.com Wed, 12 Oct 2005 11,01,31 -0400 was delivered to the following recipient(s): legals on Wed, 12 Oct 2005 11,01,05 -0400 Michelle A. Morales r 8f~ From: Sent: To: Subject: Perrell. Pamela [paperrell@naplesnews.com] Wednesday. OctDber 12, 200512:12 PM Michelle A. Morales RE: OK > -----Original Message----- > From: Michelle A. Morales > [mailto:Michelle.Morales@clerk.collier.fl.us] :> Sent: Wednesday, October 12, 2005 11:02 AM > To: legals@naplesnews.com :> Subject: > > <<Message: Untitled Attachment>> <<File: PUDZ-A-2005-AR-7403.doc :> >> << File: PUDZ-A-2005-AR-7403.doc >> 1 8A> o NAPLES DAILY NEWS Published Daily Naples, FL 34102 timers) in the issue October 30th, 2005 PUDZ-A.2Q05'AR-7403 HonCE OF ttUENT TO CONSIDER ORDtNANCE Notl~ Is hereby given that on TUESDAY. NO- VEMBER IS, 2005 In the 8oafdroom, 3rd Floor. Administration Building, Collier County Govern- ment Center, 3301 East Tamlaml Trail, Naples, or a, t ~.. Spard of 9,2"". ..i:OlIlmlsojon_rs YW'Ul (: M$kfer the.:enaet. men! ot. CountY Ordi. nance. 'The meetfi'lg will commence at 9:00 A.M. The t!tIe 01 the """'posed ' Ordinance Is u, ronows: ! AN ORDINANCE OF THE' BOARD OF COUNTY: COMMISSIONERS OF COLLIER COUNTY FlORI-' DA, AMENDING - QRDI.; NANCE NUMBER 2004-41 i AS AMENDED, THE COL. LlER COUNTY LAND DE- '1ELOPMENT COD,E. WHICH INCLUDES ',THE' COMPAEHENSIVE ZON. ING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUN. i TV, FLORIDA. BY AMEND. liNG THE-APPROPRIATE I' ZONrNG AT LAS MAP OR MAPS TO CHANGE THE ZOCLASS1FlCATION , REAL THE TRICT IXED TRleT EXIST. I MED. u- ER THE E TO FEET, XIST. CON. DING OF .. ANO E OF AT OAB, WN. NGE Ol. IDA, Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper Affiant further "ays that the "aid :-iaples 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; distriM.ted in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post oflice in Naples, in "aid 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 he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpo"e of securing this advertisement for publication in the "aid newspaper. /) \-' /) . _/J ( Signature of affiant) Sworn to and subscribed before me ~iS O~. tober 31 st, 2005 ( ~'1/~jl B(,~ ( Ignature of notary publtc) ,/ ,:-.'( e ;, "8 h.. ":.,e,... .' ..' . c'. " Is~~~: .' ..,: Ie " :JF)'::.":':::."'-::',:,~ .. r ",..;'/< ,"#Jr)~ , >ion it-,ll i~\.<-;nOniJ r,)Nv'I\SSiC~'! t' 0':1;89 ';vi'. 'JO" c)(PIPf~ 12!2B!213135 138: 38 2395436958 COLLIER Cry ZONHIG PAGE B1!131 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 8 A -- ~! To: Clerk to the Board: Ple.s. pl..e tb. follo"iD~'S.: XXX Normal Lellll' AdvertisemenT (DisplaY Adv., location, etc.) Other, ......................................................................................................... Person Mich.el Bos; f"trpoate: i't - JO-oJ Origin,ating Oept! Div: Conm1.Do.::v,Sc(',.',lPlanning Petition No. (II none, give brid description): PLlDZ.A-200S-AR-7403. Pine Ridge Mixed Use Center Pt.'D Petitioner: (Name & Ado""): Planning Oevelop,,,ent Inc. Michael Femandez, 5133 Castelo Drive, Suite 2 Naples, FL 34103 Name &. Addre,' of any 1"""""(') to bc notified by Clerk', Office (I f more space is needed, attach separate sheet) Grand Inn Of Naples, Inc., 1100 Pine Ridge Rd., .1::, FioOL", Naple,. FL 34108 Hearing before BCC 13ZA Other Requested Heating dale' 112~/06 Basod on advel1isement 'ppe,n'g 15 days before hearing. NeW$'paper(s) lD be used: (Complete only if important): xxx Naples Daily News proposed Text: (Include legal dcsoriplion & common location & 5i," Petition: PUDZ_A.200S-AR.7403, Grand Inn or Naple" Inc., represented by Michael Fernandez of PlaMing Development Incorporated requesting 0 rezone from the PUD zoning district to the pun Mj~cd Use zoning ellstricl I,y rC'Jbing the existing Pine Ridge Medical Cent.r PUD Document and PUD Master Pl.n t<J redec. the commercial use to 10,000 ,I, renovat. the existing hottllnto a condominium building with 56 residential units and change lh. n3me of tbe POO, The property to I"~ cOlIsiJered COT this rezooe 's located in Section 15, Townsbip 49 South, Range 25 E3st, Lot 51, Collier County~ Florida. This pr'Jp.'ity ('(\!Bist:\ of 4.02= ~\crES and i3 locateo at 1100 Pine Ridge Road. Orher' Legally Required Companion p.tition(,), if nllV & proposed hearing date: No If Yes. what account should be chorged lor adverti,lng co,ts: Does Petition Fee include ;''H.~\'~liigjng cost? Yes 113-138312.649110 Reviewed by: ~}'\M..u>> 1 ,J.S'epartment Head . Approved b, ,?I'1D I "'S- ~. County Manager ------ Date List Attachmonts: A.. For bearings beloo',' ":c ,,,' IlZA: Initi.ting person to complete one copy and obtain Div"ion Head approv.1 before submitting to County ;,\,,"ogcr. Not.: II legol document is involved, be sure that .ny n......1'}' Iej\al review, or reque,", lor same, is submitted In .' ., ty Attnrney belore submiTting 10 COImty Manager. Tbe Manallo", office will di,trlbute copi." DISTRIBUTION INSTRUCTIONS B. Other helll'ing': lniti,,::g Divilion head 10 approve and submit original to clerk's Office, fCtainin~ a copy lor file Count). Manager age1l:: lile: 10 Reqoestinll Divi,ion Original Clerk'. Ollice ~***...~.**.*.*~~*~**. .H4'~~,~~~*~.********.*~*+**..*..***.**....~~~*~~~~***.~*~.~*~..*~****..*.**..~~ FOR CLERK'S OFflC '..',LY: Date Received: ~o<.. Dote of Puhlic hearing: .~~ Oate Advcl1ised: ~ Page 1 of 1 8A ;..' j Patricia L. Morgan From: martin_c [CeciliaMartin@colliergov.net] Sent: Tuesday, December 20, 2005 8:24 AM To: Bosi, Michael Cc: Minutes and Records Subject: RE: PUDA-05-AR-7403 Pine Ridge Mixed-Use PUD amendment I have changed the BCC advertising sheet to reflect that number (56) and will fax it up to Minutes and Records today. By this E-mail they will readvertise it for the 1/24/06 date and 56 -vs- the 64 as originally sent. From: BosiMichael Sent: Tuesday, December 20, 2005 8:07 AM To: martin_c; 'Ann P. Jennejohn' Cc: johnson_c; filson_s Subject: RE: PUDA-05-AR-7403 Pine Ridge Mixed-Use PUD amendment Is there anyway we can check and make sure the title references 56 condo units. as opposed to 64 units which the proposal originally sought? From: martin_c Sent: Tuesday, December 20, 2005 8:04 AM To: 'Ann P. Jennejohn' Cc: BDsiMichael; johnson_c; filson_s Subject: RE: PUDA-05-AR-7403 Pine Ridge Mixed-Use PUD amendment Please readvertise this petition for the 1/24/06 BCC meeting as it will go past the 5 week advertising requirement. This was originally advertised for the 11/29 BCC meeting and continued to the 12/13th. Thanks. From: BosiMichael Sent: Tuesday, December 20, 2005 7:56 AM To: martin_c Subject: FW: PUDA-05-AR-7403 Pine Ridge Mixed-Use PUD amendment Sorry about the delay in sending. @ From: BosiMichael Sent: Friday, December 16, 2005 11:06 AM To: martin_c Cc: phillips_s; filson_s; LeaSandra; johnsDn_c Subject: PUDA-05-AR-7403 Pine Ridge Mixed-Use PUD amendment CC, The petition, which was continued at the 12-13-05 BCC hearing, is going back before the BCC at the 1-24-05 hearing. Can you please adjust the calendar to reflect the new date? Thanks. bosi 12/20/2005 December 20, 2005 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-A-200S-AR-7403, Pine Ridge Mixed Use Center PUD Dear Legals, Please advertise the above referenced notice on Sunday, January 8, 2006, 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./Account # 113-138312-649110 8A j " . 8 A~'" ~ NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 24, 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 2004-41 AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE PUD ZONING DISTRICT TO THE "MPUD" 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 SQUARE FEET, RENOVATE THE EXISTING HOTEL INTO A CONDOMINIUM BUILDING WITH A MAXIMUM OF 56 RESIDENTIAL UNITS AND CHANGE THE NAME OF THE PUD. LOCATED AT 1100 PINE RIDGE ROAD, IN SECTION 15, TOWNSHIP, 49 SOUTH, RANGE 25 EAST, LOT 51, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.02+/- ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 95-52, AS AMENDED, THE FORMER PINE RIDGE MEDICAL CENTER PUD; AND PROVIDE FOR AN EFFECTIVE DATE. The Board will consider 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 56 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, Collier County, Florida. This property consists of 4.02+/- and is located at 1100 Pine Ridge Road. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on 8A '.f 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: Heidi R. Rockhold, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts G:.o.u.p1y-cfCoIJi er CLERK OF T}Uf'CIRCUIT COURT COLLIER COUNTY (;0. URTIIOUSE 3301 TAMIAMI T],iAIL EA.sT P.O. BOX 4~a044 \" NAPLES, FLORIDA 3jI01-3044 '~I . ~,( I t ~ , 8A Clerk of Courts Accountant Auditor Custodian of County Funds ~'U,:-, I ;,-.-1 - , December 20, 2005 Grand Inn of Naples, Inc. I 100 Pine Ridge Road 4th Floor Naples, Florida 34108 Re: Notice of Public Hearing to consider Petition PUDZ-A-2005-AR-7403, Pine Ridge Mixed Use Center PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 24, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 8, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK rh . (). ~wfhJJJ) ~ c eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.f1.us Fax - (239) 775-2755 Email: collierclerk{a)clerk.collier.f1.us Dwight E. Brock Clerk of Courts Cot!Pty- of-GfJl,li er ~ _.'~.'--. '" CLERK OF THE GlRCQIT COURT COLLIER COUNTY qoURTij,OUSE 3301 TAMIAMI TJ,lAIL EAiST . P.O. BOX 4~~044 '\ NAPLES, FLORIDA ~~101-3044 l{ I ",_',;o~~ ,I '"tG, 8 A~ ,.' Clerk of Courts Accountant Auditor Custodian of County Funds . I ::..L__./ December 20, 2005 Planning Development, Inc. Michael Fernandez 5133 Castello Drive Suite 2 Naples, Florida 34103 Re: Notice of Public Hearing to consider Petition PUDZ-A-200S-AR-7403, Pine Ridge Mixed Use Center PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 24, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 8, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ . Q _ rJrd{);o!fJ, j)C ( ~eidi R~ Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.f1.us Fax - (239) 775-2755 Email: collierclerk@clerk.collier.f1.us Heidi R. Rockhold 8A~ '" Iii From: Sent: To: Subject: Heidi R. Rockhold Tuesday. December 20, 2005 11 :50 AM 'legals@naplesnews.com' PUDZ-A-2005-AR-7403. Pine Ridge Mixed Use Center PUD Attachments: PUDZ-A-2005-AR-7403(1 ).doc; PUDZ-A-2005-AR-7403(1 ).doc Legals, Please advertise the above mentioned notice on Sunday, January 8, 2006. ~ ~ PUDZ-A-200S-AR-7 PUDZ-A-200S-AR-7 403(1).doc (30", 403(1).doc (32". If you have any questions, please call... Thankyou Have a "MERRY CHRISTMAS" Heidi R. Rockhold Clerk to the Board or Count)' Commissioners Minutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockho/d@clerk.collier.fl.us) Heidi Rockhold 8A , '" Heidi R. Rockhold From: Sent: To: Subject: ClerkPostmaster Tuesday, December 20. 2005 11 :50 AM Heidi R. Rockhold Delivery Status Notification (Relay) Attachments: ATT535280.txt; PUDZ-A-2005-AR-7403, Pine Ridge Mixed Use Center PUD :':".'1 ~ LJ ATT535280.txt (231 B) PUDZ-A-2005-AR-7 403, Pine Ridg... Th' . . II I D I' '). 'I ;/' . 1, IS IS an autoll1allca. y generate( e Ivery, tatus Iv01l;lcatlOn. Your messagc has been success/idly relayed to thejc)llowing recipients, but the requested deli vel}' Sll1tLlS notifications lI1ay not be generated by the destination. I egaIs (())n ap I es news. COIl1 Heidi Rockhold PUDZ-A-2005-AR-7403. Pine Ridge Mixed Use Center PUD Heidi R. Rockhold From: Regel. Dagmar [dpregel@naplesnews.com] Sent: Tuesday, December 20, 200512:03 PM To: Heidi R Rockhold Subject: RE: PUDZ-A-2005-AR-7403, Pine Ridge Mixed Use Center PUD received -----Original Message--m From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collierJl.us] Sent: Tuesday, December 20, 2005 11:50 AM To: legals@naplesnews.com Subject: PUDZ-A-2005-AR-7403, Pine Ridge Mixed Use Center PUD Legals. Please advertise the above mentioned notice on Sunday, Janumy 8, 2006. <<PUDZ-A-2005-AR-7 403(1 ).doc>> <<PUDZ-A-2005-AR-7 403(1 ).doc>> [[you have any questions, please call... Thank you Have a "MERRY CHRISTMAS" Heidi R. Rockhold Clerk to the Board of County Commissioners Minutes and Records Department (Phone) 239-774-84/1 (Fax) 239-774-8408 (heidi. roekhold@clerk.eollierjl.us) 12/20/2005 Page 1 of 1 8A~ .. " COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 8 A'4 "'1 .... ..,. To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement (Display Adv., location, etc.) Other: ********************************************************************************************************* Originating Deptl Div: COlllll1.Dl:v.Scrv./Planning Person: Michael Basi flll'PDate: i"L - ::10--0) Petition No. (If none, give brief description): PUDZ-A-2005-AR- 7403, Pine Ridge Mixed Use Center PUD Petitioner: (Name & Add.-c,,): Planning Development Inc., Michael Fernandez, 5133 Castello Drive, Suite 2 Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Grand Inn Of Naples, Inc" 1100 Pine Ridge Rd.,: :'1 Flour, Naples, FL 34108 Hearing before BCC lEA Other Requested Hearing date: I/HI06 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: 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 dislr;cl :'1 rcvi.,ing 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 56 residential units and change the name of the PUD. The property to 'e considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This prop\:ny consists of 4.02::t acres and is located at 1100 Pine Ridge Road. Companion petition(s), if allY & proposed hearing date: Does Petition Fee include ~ld\'L:rtisil1g cost? Yes 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: ~ViAwJJ1 )6epartment Head Approved by: ~J'1I;;/"""c- Dat~ County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings helOlT submitting to Countv same, is submitted to 'C 0" llZA: Initiating person to complete one copy and obtain Division Head approval before !:lIlagcr. Note: [f legal document is involved, be sure that any necessary legal review, or request for ,,:v Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agl'll"; fih:: to Requesting Division Original Clerk's Office B. Other hearings: Initiat: ~ Division head to approve and submit original to Clerk's Office. retaining a copy for file. ******************~~~ x. ************************************************************************* FOR CLERK'S OFFIC ,,\LY: Date Received: Date of Public hearing: Date Advertised: 8A ORDINANCE NO. 06 AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, THE COLLlER COUNTY LAND DEVELOPMENT CODE, WHlCH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLlER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY 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 A MAXIMUM OF 56 RESIDENTIAL UNITS AND CHANGE THE NAME OF THE PUD. LOCATED AT 1100 PINE RIDGE ROAD, IN SECTION 15, TOWNSHlP 49 SOUTH, RANGE 25 EAST, LOT 51, COLLlER COUNTY, FLORIDA, CONSISTING OF 4.02:t ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 95-52, AS AMENDED, THE FORMER PINE RIDGE MIXED USE CENTER PUD PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Fernandez of Planning Development Inc., representing Grand Inn of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE, BE IT ORDAINED BY The Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida, is changed 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 a mximum of 56 residential units and change the name of the PUD, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, the Collier County Land Development Code, are hereby amended accordingly. Page 1 of 2 8A~4 ..., 41, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 95-52, as amended, known as the Pine Ridge Medical Center PUD, adopted on October 10, 1995, by the Board of County Commissioners of Collier County, is hereby repealed and replaced in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by supermajority vote of 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 Patrick G. ite Assistant County Attorney PUDZ-A-200S-AR- 7403/MB/sp EXHIBIT "A" 8 A · I PINE RIDGE MIXED-USE CENTER A Planned Unit Development REGULATION AND SUPPORTING MASTER PLAN GOVERNING PINE RIDGE MIXED-USE CENTER. A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Grand Inn of Naples, Inc. 1100 Pine Ridge Road Naples, Florida 34103 PREPARED BY: Michael R. Fernandez, AICP Planning Development Incorporated 5133 Castello Drive Suite 2, Naples, Florida 34103 239.263.6934/239.263.6981fax POI MRF @ aol.com ORIGINAL DOCUMENT DATE REVISION DATE DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 03/18/05 06-24-05 11/17/05 TABLE OF CONTENTS SA- "~ PAGE THRU PAGE LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE jji iv v SECTION PROPERTY OWNERSHIP & DESCRIPTION 1-1 1-3 II PROJECT DEVELOPMENT 2-1 2-3 III MIXED-USE DEVELOPMENT COMMITMENTS 3-1 3-3 IV DEVELOPMENT COMMITMENTS 4-1 4-4 EXHIBIT "A" TABLE I SA LIST OF EXHIBITS AND TABLES PUD Master Plan Land Use Table Page iii SAd 1 :iI:~ STATEMENT OF COMPLIANCE The development of approximately 4.02 acres of property in Collier County, as a Planned Unit Development to be known as Pine Ridge Mixed Use Center will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The mixed-use residential and commercial development of Pine Ridge Mixed Use Center will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial, high- density residential and mixed-use development activities. 3. The subject property is located on Pine Ridge Road with the main access to the development aligned with a directional median serving the subject property and a secondary and minor access from the south off of Castello Drive. This strategic location allows the site superior access for the placement of mixed-use activities. 4. The project development utilizes creative land use planning consistent with Policy 5.3 of the Future Lane Use Element. 5. The project development is consistent with Policy 5.3 for the reason that it minimizes the cost of community facilities by confining urban intensity development to areas designated as Urban. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of landscape buffers, and the proposed development standards contained herein. 6. The project development is a mixed-use development and utilizes innovative land development techniques consistent with Policy 5.6 of the Future Land Use Element. 7. The project development provides interconnection to adjacent local streets consistent with Policy 7.3 of the Future Land Use Element. 8. The proposed residential density of 14 units per acre is consistent with the Mixed Use Activity Center Subdistrict which provides for mixed use development with up to 16 units per gross acre. Subject Property Area is 4.02 acres x 14 units per acre = 56 dwelling units maximum. 9. The project will be served by a complete range of services and utilities as approved by the County. Water and sewer utilities are provided by the City of Naples. 10. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. Pageiv 8 A." i SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the location and ownership of property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Mixed Use Center. 1.2 LEGAL DESCRIPTION The subject property being 4.02:t acres, is described as: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to map thereof recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: Commence at the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 662.3 feet; thence run Southerly for 15 feet to the Northwest corner of the East half (E1/2) of West half (W1/2) of said lot 51 to the point of beginning: thence run South along the West line of said East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to the South line of said lot 51: thence run East along said South line for 150 feet; thence run North parallel to said West line of the East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 150 feet to the point of beginning: being West 150 feet of said East half (E1/2) of the West half (W1/2) of Lot 51, less and except the North 10' thereof. East 150 feet of the West 300 feet of the East half (E1/2) of the West (W12) of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier County, Florida, less and except the Northerly 15' thereof. A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to a map or plat thereof as recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15 feet to the Northwest corner of the East half (E1/2) of the West half (W1/2) of said Lot 51, thence run Easterly along the North line of said Lot 51 for 375 feet to the point of beginning of the lands hereby conveyed. From said point of beginning run South, parallel to the West line of said East half (E1/2) of the West (W1/2) for 316.5 feet more or less to the South line of said Lot 51, thence run East along said South line for 75 feet, thence run parallel to said West line of the East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to a point on the North line of said Lot 51: thence run West along Page 1-1 8A~.. said North line for 75 feet to the point of beginning, being the East 75 feet of the West 450 feet of said East half (E1/2) of the West half (W1/2) of Lot 51. South 105 feet of the East 125 feet of the West Y, of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. East half (E1/2) of the West half (W1/2) except the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for right-of-way, Lot 51 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. East 75 feet of the West 375 feet of the East half (E1/2) of the West half (W1/2) of Lot 51 less the North 15 feet for right-of-way, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The Property is owned by Grand Inn of Naples, Inc., Michael Kessous (contact) and is hereinafter called "applicant or developer". 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The property is located in Section 15, Township 49 South, Range 25 East. The Property consists of approximately 4.02 acres and is located approximately 740 feet from the southeast corner of U.S. 41 and Pine Ridge Road and off and south of Pine Ridge Road. The Property currently supports a 105-room hotel, an 8,0001 square foot restaurant and approximately 30% or 1.2 acres of open space. B. The zoning classification of the Property prior to the date of this approved PUD Document was PUD. 1.5 PHYSICAL DESCRIPTION The Property has the following designation relative to flood - FEMA FIRM Flood Zone X: area of 500-year flood or area of 100-year flood with expected average depth of less than 1 foot: and areas protected by levees from 100-year flood. Community-Panel Number 120067 0383 E: Map Revised August 3, 1992. 1.6 PROJECT DESCRIPTION Pine Ridge Mixed Use Center is a proposed mixed-use center, which will support a maximum intensity of development not to exceed commercial square footage of 10,000 square feet and 14 residential dwelling units per acre. Page 1-2 SA . 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Mixed Use Center Planned Unit Development Ordinance." Page 1-3 SA SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances and other project relationships. 2.2 GENERAL A. Regulations for development of Pine Ridge Mixed Use Center shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat (if required), Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Pine Ridge Mixed Use Center shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6, Section 6.02.00 Adequate Public Facilities of the Land Development code at the earliest or next to occur of either final SOP approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including access locations, is illustrated graphically by Exhibit "A" PUD Master Plan. There shall be one (1) general mixed-use tract. Page 2-1 8 A"'~ ' TABLE I: PINE RIDGE MIXED USE CENTER ESTIMATED LAND USE SUMMARY TYPE UNITS / SQUARE FOOTAGE ACREAGE MIXED USE Commercial/Restaurant 56 multi-family units 10,000 4.02:t Exhibit "A" is a PUD Master Plan and is an illustrative preliminary development plan. Design criteria and layout illustrated on this supporting exhibit shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the Project Development, as set forth in this document. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A mixed use center with a maximum intensity of development which shall not exceed 56 multi-family units and 10,OOO:t square feet maximum of commercial/restaurant. The gross project area is 4.02:t acres. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida as may be applicable. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Chapter 4, Section 4.03.00 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Chapter 10 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Chapter prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. E. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Chapter 4. Page 2~2 8A 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code Section 10.02.13. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association or another appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 10.01.13.L. 2.8 LANDSCAPE BUFFERS. FENCES AND WALLS Landscape buffers, fences and walls are generally permitted as a principal use throughout the Pine Ridge Mixed Use Center. The following standards shall apply: A. Landscaping slopes shall have the following maximum side slopes: 1. Grassed slopes 3: 1 2. Ground covered slopes 2: 1 3. Rip-Rap slopes 2:1 4. Structural walled changes in elevation - vertical The above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pine Ridge Mixed Use Center PUD. A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code Section 2.01.03. 2. Water management facilities and related structures. 3. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Page 2-3 SA SECTION III MIXED USE DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to set forth the regulations for the Property designated on Exhibit "A", PUD Master Plan, as "Mixed-Use". 3.2 No building or structure, or part thereof, shall be erected, altered or uses, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi-family 2. Restaurant(s) without a drive through. B. Permitted Accessorv Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in the above districts. 2. Covered parking structures/garages. 3.3 DEVELOPMENT STANDARDS: A. Lot Area: 10,000 square feet B. Lot Width: 100 feet C. Maximum Buildinq Heiqht & Setback Requirements: 1. Primary structures: project boundaries: Max. Bldg. Height Setbacks Requirements Front (East) Side (West) Side Rear 25 ft 35 ft 45 ft 25 ft 25 ft 35 ft 25 ft 50 ft 75 ft 25 ft 25 ft 35 ft 25 ft 50 ft 75 ft 2. Setback requirements for primary structures: interior boundaries: the greater of 10 feet or half the height of the structure. Page 3-1 SA 3. Setback requirements for covered parking and / or garage accessory structures: 15 feet: except from Pine Ridge Road which requires a 20 foot setback. D. Distance Between Principal Structures: A minimum of half the sum of the height of the structures, unless attached, then none. E. Maximum Heiqht of Covered Parkinq: Twelve (12) feet. F. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G. Landscapinq: As required in the LDC unless specified herein. All trees within buffers adjacent to right-of-way shall be installed with a County Staff approved deep root system. 1. The following buffers are considered to meet or exceed LDC required buffers: a. PUD Type "0.1" Landscaped Buffer: This buffer shall have an overall width of 20 feet. The public sidewalk has been displaced from public right-of-way to within the subject property where practical. This has provided desirable landscaped separation between sidewalk and the roadway curb. The width of the displaced sidewalk is included within the width of this buffer. Tree and hedge installation shall meet the requirements of the LDC Type 0 buffer. b. PUD Type "B.1" Landscaped Buffer: LDC Type B tree and hedge requirements in addition to a masonry wall/fence or prefabricated concrete wall/fence shall be provided: except that the spacing of the shade trees, shall be 15 feet and the trees shall have a minimum height at installation of 12 feet. c. PUD Type "B.2" Landscaped Buffer is required where the subject property abuts commercially zoned property: LDC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided: except that the spacing of the shade trees shall be 20 feet and the trees shall have a minimum height at installation of 10 feet. Page 3-2 8A 2. In order to facilitate the potential retention of existing trees, no water management or no new lines of continuous utilities shall be developed within the required buffers. H. Landscapinq for Off-Street Parkinq: In order to facilitate the retention of existing trees, rows of parking may contain more than ten (10) parking spaces uninterrupted by a landscaped island provided that an average of ten (10) or less spaces is maintained within the overall development. I. Open Space Requirements: Thirty (30) percent of the acreage of the PUD. This acreage may include the development of open space plaza features inclusive of water elements, and decorative pedestrian walks and seating areas enhanced by landscaping. J. Liqhtinq: The maximum height of parking lot and site lighting fixtures shall be 16 feet and installed and located in a manner so that light shall shielded from residentially zoned area. No neon lighting shall be visible from the exterior of the project. Page 3-3 8 A- SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, or successor ordinance, shall apply to this project. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. These developer commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, it successors and assigns, regardless of turnover or not to any property or homeowners' association. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 4.3 PUD MASTER PLAN A. Exhibit "A," PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas on the Property. 4.4 ENVIRONMENTAL A. This PUD 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. Page 4-1 SA .1 B. All category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. C. This PUD is required to maintain 10,541 square feet of preserve /mitigation and these areas shall minimally meet the development standards permitted by SDP- 147. D. A Preserve Area Management Plan shall be provided to Environmental Review Staff for approval in the first subsequent application for SOP Amendment or new SOP after approval of this PUD. The Plan shall delineate location of the provided 10,541 square feet of preserve/mitigation and shall identify methods to address treatment of invasive exotic species, fire management, and maintenance. 4.5 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devises (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Section 6.02.01. of the LDC, as it may be amended. Page 4-2 8 A'"'' ~ F. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. K. If a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. A sidewalk connection will be made from Castello Drive to the sidewalk at the handicap parking area. 4.6 MONITORING REPORT AND SUNSET PROVISIONS A. The Pine Ridge Mixed Use Center PUD shall be subject to the Sunset Provisions of Chapter 10, Section 10.02.13.0 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant To Chapter 10, Section 10.02.13.0 of the Collier County Land Development Code. 4.7 POLLING PLACES Pursuant to Chapter 4, Section 4.07.06, Provision of Polling Places, of the Land Development Code, provision shall be made for the future use of building space within common areas (if provided) for the purposes of accommodating the function of an electoral polling place. Page 4-3 8A An agreement recorded in the official records of the Clerk of Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. Page 4-4 lQJlQJm =6~ ~g~ m = JgJ~!l =~9 go/rO ~ '0'" ~ m~ ~dQJ =lQJ ~F m~ g~ 6 W m \QJ 6 g rt)J ~ (1ij 9 m I:: i~ :g l;jj I~ m PELICAN PLACE SHOPPING CENTER C-4 COMMERCIAL ZONING DISTRICT h1 I m X Cii -; Z Gl ~ z Gl "r enm "" ." ..;;:: r -< " m en is m z -; '>' r ~ ~ .~ " c o rn r ,,~ z o en " )> " ~ CD C " ~ o on C)o"IJG'! m"OCm <-oCz 0 " " v; " ml"'"' m " 0 0 " c :;n~~ 0 v; <: 0 0 "'ll>-<r /' 0 <: i:~l'.DZ 0 ~ )> 0 mmmo v; z " on m ~"IJ>;ri " ~ " p, < )> j; j; )> 0 ~5~o " , , '" , 0 >>Zm '0 ZZO"ll <: cem- 0 >rc~ Z ;:Oc"'tlm ~ cn;;ac (1)-0(1) z -z:S- - - ~iil~rrl ~ n E~c;!! z l ~~~~ v; " . UNDEVELOPED G) G'l;:O~ii: < , ):(; I , z COMMERCIAL 0 f<<E~}; I I 5i=1 0 iil;?:!mO ! n a ~~ r )onnfii , ~c m O-loi: I no =1 "'Ozm rn ;a:Jz~z ~ m~ " Crn m mcncn.... ~ PJ>-lcn 0 ~m 0 0 ~~ 0 " n - cz~:.. " ~ ~ 0 $c....~ cc 0 " ~ ~m o J 0 i; Z ~ :i~ " " en m m " ... > ~ <:u ~ " en rn r D m . ~ " x ' MULTI-STORY SELF STORAGE BUILDING " 0 " 3 )> c c n a ~ ,*, ~' - ; :: ~ PLANNING DEVELOPMENT INCORPORA TED r"""PINE RIDGE MIXED USE PUD OEVEtOPMEIITCONSULTANTS. ENGlNfERS, PLANNERSANDlANDSCAPEARCHIfECTS 5133 CASTEUO DRIVE. SUITE 2. NAPLES, I'WIl/IJA 34103 '''";>':>-flm''./'''_'''lfl..!pmJ,,'_'o4<O~ GRANDINNDrJl'PILSINC !JOO~E~E..,~AO """''''.oo<>M''''''= ) ~~~ "~ASTER EXHIBIT "A' I"X" '"'''' Ul m o -; 6 2 '" 0:' 00 F:;: -2 men "I 0- 0" c" z<D ~8 - c "-; rI 0- "" o~ "Gl m ~ '" m " en .-< "@ ~~ ~ ~ (g ,..--.., z'~ o~o -12<: rrlO~ o;~ ~n 6i ~6 N [TIO ;I>WfTl OCCi Co ~ ~~" . on ~~ 0;0 ~ )>01" ZZ u~ ~C) z~ nC ~o ~ ~ rrlIrlrrl ;:Q rTJO < ~ Pl~"" ~~~~ 00;~ :: ~/ ~ Z GJ -I V) Vl r Vl 1'1 o >--:::~' ~ -U iS~:) le1 ::3 ~i'~ I >~;;:: ;: ~'~::; ~ ~~i~ -0 Z o ~~ o VlITl 0; -, ~>- ~z --- '4 ., ~~ ::~:;<d ]E:;;;;;) _ ILQR!DA~ NAPLES, PLAN () NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed io Collier and Lee counties of Florida; that the attached copy of thc advertising, bcing a PUBLIC NOTICE in the matter of Public Notice as published in said newspapcr I timers) in the issue January 8th, 2006 Atliant further saYfi that the said Naples Daily :\icws is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Colli..'f County, Florida, j()r a period of 1 year next preceding the first publication or the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the 1iaid newspaper. /J.~ ( Signature of affiant) Sworn to and subscribed before me This January 9th, 2006 I:c 'L~ ~~j'?~h (Signature of notary public) ...".... H . B h "'P.\iof\~.!'s.:~ amett us ong !:YA''-,:, MYCOMMlSSION # DD234689 EXPIRES "i"~'''' July 24, 20D7 "'/):"R"F'i-i..~~ BONDEI1THRUTROYFAININSURANCE, INC """" 8 A ""~ NOTICE'OFINtENT TO CONSIDER OIUIINANCE Notice Is rterebygl...en that on TUESDAY. JANU- ARY 24, 2006, In the Boardroom, 3rd Floor, Admlrnstratlon Building, Collier County GO'o!ern- ment Center, 3301 East Tamla..1 Trail, ~a~I.s, Florid", thettoard of county Commissioners wlll.col'\Slder the enact. ment of a' County Ordl. nance. The meeting will commence at 9:00 A.M. The title of the pro. posed Ordinance 15 as follows: AN ORDINANCE OF THE BOARD OFCOUN'TY COMMISSIONERS OF COLLIER COUNTY FLORI.' DA, AMENDING ORDI. NANCE NUMBER 2004-41 AS AMENDED, THE COL- LIER COUNTY lAND DE. VEl..OPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZON. ING REGULATIONS fOR THE UNINCORPORATED ,WM~~ 'iNG THE APPROPRIAtE ZONING ATl.AS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAli PROPERTY FROM THE PUD ZONING' DISTRICT TO THE "MPUO" MIXEO i USE ZONING OISTAICT I BY REVISING THE EXIST- i ING PINE RIDGE MED- iCAL CENTER PUD DOCU- MENT AND PUDMASTE'"R PLAN TO REDOC!THE COMMERCIAL USE TO 10,000 SQUARE PEET, RENOVATETHfSUST- ING HOTEL INTO A CON- OOMINIUMBUILOING WITH A MAXIMUM Of 56 RESIDENTIAL UNITS AND CHANGE THE NAME OF THE PUD. LOCATED AT 1100 PINE RIDGE ROAD, IN SECTION 15,TOWN. SHIP, 49 SOUTHS RANGE frEiA~u~.g,~ Ftb~g~~ CONSISTING Of 4A2+/' ACR~;, PROVIDING FOR THE RE,EAL ANDORRE' PlACEMEt.lT 01=, DI- NANCE NUMBER 95-52, AS AMENDED, THE fOR. MER PINE RIDGE MED. ICAl CENTER PUD; AND PROVIDE FOR AN EFFEC- _ TlVE DATE._ The Board wlll consider PetitIon PUOZ-A-200S. AR.7403, Grand Inn of Naples, InC'h repre. sented by Mlc eel Fer- nandez of Planning De. velopment Incorporated requesting a rezone from the PUD zoning district to the PUD Mixed Use zoning dls. trlct by r....lslng the .xl$t1no Pin. Rid.. Medical Center PUD Document and PUD Master P1~n to reduc'e the commercial use to 10,000 sf, renO\late the exlstlna . hotel into a, condominium building' with 56 residential units. \ t!i: ~!si~~1 ~z~~ cyM~ted In sec~ I lion 1.5L Town,hlp 491 South, Kan e 25 East, lot 51', Collier Couftty, Florida. Thll property consists of 4.02;+/. ana Is located at 1100 Pine Rid Road.. . Cop es . of the pl"OI)Osed OrCl1nance are on file with the Clerk to ,the Soard and are a...allable for Inspection. All Inter' ested ~artles are Invited lb affend and be heard. NOTE: An persons wish. InOtO: :l#e:ak:"on anYl' ~:ltinilltfJstregt5. ter wfththe .(:QUOb'. ado-I mlnlstrator Dri" tj pre. I sentatlon 01 the agenda I Item to beaddr,sse.d. Indl\lldual speakel'S w111 be limited to" 5 mtnutes I on Item. ~ setec-I tlon of an Indl\lld1ol41 to speak on behalf of an organization or group ,Is encouraged,' If recog- nized 'by the' Chairman, a sp.Okespers.on fora gro\Jp or organization may be allotted 10 min. utes to ,Speak on an Item. Persons wIshing to have I written or graphic ma. terlals Included In the Board agenda packets must submit said ma. terlal a mlnllTium of 3 weeks prior to the reo spectlve publlc hearing. In any case,wrItten ma. terlals Intended to be considered by the Board shaH be submitted to the appropnateCounty staff a minimum of se.... en days prior to the pUbl1c hearing. All ma. terlal used In presenta' tlons before the Board wlll become a perma. nent part ofthe record. AnY, ~rson who decld- .'to'"l>W~' of the Boai'd will riM''1l record of the proceed- Ings pertaining thereto and therefore, may need to ensure that a ...erbatlm record of the proceedIngs 15 made, which record Includes the testimony and evl. dence upon which the appeal 15 based. BOAAD OF COUNTY COMMISSIONERS CO~~ COUNTY, ~b~S\Y.' COYLE, CHAIRMAN DW'tGHT-E.IJROCK, CLERK By: HeIdi It; Rockhold, ~CIerl< J~n.~~.~ No. 1286Q47 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 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 shuuld be hand delivered to lhe 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 sib'Tlatures, dates, and/or information needed. If the document is already complete with the t fth Ch . .. tu d r th h t r #1 I h #4 I th h k1 t d DdS n (r ) excepllOn 0 e amnan S signa re, raw a me mugu rou 109 . IDes t lrougn ,complete e c ec IS, an orwar to ue I son me#5. Route to Addressee(s) Office Initials Date (List in routing order) I. 5o.......t""" ~lJ / ! / Lt" COEr ......L....;'\\!t.....~;._ /IJ. I / Cp i / 2. , \ I 3. Y 4. / " 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records 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 infonnation is needed in the event one (lfthe addressees ahove, including Sue Filson, need to contact staff fOf additional Of missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION l:-\.\v.:~ ~oS: Phone Number [-:l,'l -Il (, 2ctJCo- fvb d.c..,.._f....1- "" 0...,*,,,,.,, Agenda Item Number 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) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to he signed by the Chairman, with the exception of most letters, must be reviewed and signed "",\3 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 BeC 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 t-tA Office and all other ,E'lrties cxc"Jl1. 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 negotiated contract date whichever is applicable. 4. "Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's ",t[> 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 tbe Bec office within 24 hours of BCC approval. ~I() Some documents arc time sensitive and require forwarding to Tallahassee within a certain time frame or the BeC's actions are nullified. Be aware of your dead1ines~ 6. The document was approved hy the BCC on \-~\(-O~ (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The i'lli'> an option for County Attorney's Office has reviewed the chan~es, if llJljllicahle. line 6. INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 126.05, Revised 2.24.05 r 8 A ORDINANCE 06-06 AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41 AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE PUD ZONING DISTRICT TO THE "MPUD" 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 SQUARE FEET, RENOVATE THE EXISTING HOTEL INTO A CONDOMINIUM BUILDING WITH A MAXIMUM OF 64 RESIDENTIAL UNITS AND CHANGE THE NAME OF THE PUD. LOCATED AT 1100 PINE RIDGE ROAD, IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, LOT 51, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.02:t ACRES; PROVIDING FOR THE REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 95-52, AS AMENDED, THE FORMER PINE RIDGE MEDICAL CENTER PUD; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Michael Fernandez of Planning Development Inc., representing Grand Inn of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the subject real property, pursuant to Petition PUDZ-A-2005-AR-7403; NOW, THEREFORE, BE IT ORDAINED BY The Board of County Commissioners of Collier County, Florida, that; SECTION ONE: The Zoning Classification of the herein described real property located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida, is changed from the PUD zoning district to the "MPUD" 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 square feet, renovate the existing hotel into a condominium building with a maximum of 56 residential units and change the name of the PUD, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-1, as amended, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: SA ~ Ordinance Number 95-52, as amended, known as the Pine Ridge Medical Center PUD, adopted on October 10, 1995, by the Board of County Commissioners of Collier County, is hereby repealed and replaced in its entirety. SECTION THREE: State. This Ordinance shall become effective upon filing with the Florida Department of PASSED AND DULY ADOPTED by supefIl),ajority vote of the Board of County ;tl) 1/ Commissioners of Collier County, Florida, this .P.if day of J tV17 t/ A /,,v , 2006. ATTEST: DWlGHT.E;:nR0C;K, CLERK .' ," './\ "'. c BOARD OF COUNTY CO lSSlONERS COLLIER COUNTY, FLORIDA BY: ~~&? FRAN ALAS, HAL N PUDZ-A-2005_AR - 7403/MB/,p Item # 5?A- Agenda J -t~-Cfo Date -.,-;,-, ...-.;,,-.._.:;~, ~~""tJ:(5~ Reed I '-"7~' puly Clerk ~;~ A 0' ,.~ EXHIBIT "A" PINE RIDGE MIXED-USE CENTER A Planned Unit Development REGULATION AND SUPPORTING MASTER PLAN GOVERNING PINE RIDGE MIXED-USE CENTER. A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Grand Inn of Naples, Inc. 1100 Pine Ridge Road Naples, Florida 34103 PREPARED BY: Michael R. Fernandez, AICP PlanninQ Development Incorporated 5133 Castello Drive Suite 2, Naples, Florida 34103 239.263.6934 / 239.263.6981fax PDI MRF@.aol.com ORIGINAL DOCUMENT DATE REVISION DATE DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 03/18/05 06-24-05 11/17/05 01/24/06 2006-06 1995-52 8 A {'I TABLE OF CONTENTS PAGE THRU PAGE LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE jji iv jii iv SECTION PROPERTY OWNERSHIP & DESCRIPTION 1~ 1 1-3 II PROJECT DEVELOPMENT 2-1 2-4 III MIXED-USE DEVELOPMENT COMMITMENTS 3-1 3-3 IV DEVELOPMENT COMMITMENTS 4-1 4-3 EXHIBIT "A" EXHIBIT "B" TABLE I 8A LIST OF EXHIBITS AND TABLES PUD Master Plan Location Map Land Use Table Paae iii SA STATEMENT OF COMPLIANCE The development of approximately 4.02 acres of property in Collier County, as a Planned Unit Development to be known as Pine Ridge Mixed Use Center will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The mixed-use residential and commercial development of Pine Ridge Mixed Use Center will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial, high- density residential and mixed-use development activities. 3. The subject property is located on Pine Ridge Road with the main access to the development aligned with a directional median serving the subject property and a secondary and minor access from the south off of Castello Drive. This strategic location allows the site superior access for the placement of mixed-use activities. 4. The project development utilizes creative land use planning consistent with Policy 5.3 of the Future Lane Use Element. 5. The project development is consistent with Policy 5.3 for the reason that it minimizes the cost of community facilities by confining urban intensity development to areas designated as Urban. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of landscape buffers, and the proposed development standards contained herein. 6. The project development is a mixed-use development and utilizes innovative land development techniques consistent with Policy 5.6 of the Future Land Use Element. 7. The project development provides interconnection to adjacent local streets consistent with Policy 7.3 of the Future Land Use Element. 8. The proposed residential density of 14 units per acre is consistent with the Mixed Use Activity Center Subdistrict which provides for mixed use development with up to 16 units per gross acre. Subject Property Area is 4.02 acres x 14 units per acre = 56 dwelling units maximum. 9. The project will be served by a complete range of services and utilities as approved by the County. Water and sewer utilities are provided by the City of Naples. 10. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. Page iv 8A SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the location and ownership of property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Mixed Use Center. 1.2 LEGAL DESCRIPTION The subject property being 4.02:t acres, is described as: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to map thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: Commence at the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 662.3 feet; thence run Southerly for 15 feet to the Northwest corner of the East half (E1/2) of West half (W1/2) of said lot 51 to the point of beginning: thence run South along the West line of said East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to the South line of said lot 51: thence run East along said South line for 150 feet; thence run North parallel to said West line of the East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 150 feet to the point of beginning: being West 150 feet of said East half (E1/2) of the West half (W1/2) of Lot 51, less and except the North 10' thereof. East 150 feet of the West 300 feet of the East half (E1/2) of the West (W12) of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier County, Florida, less and except the Northerly 15' thereof. A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to a map or plat thereof as recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15 feet to the Northwest corner of the East half (E1/2) of the West half (W1/2) of said Lot 51, thence run Easterly along the North line of said Lot 51 for 375 feet to the point of beginning of the lands hereby conveyed. From said point of beginning run South, parallel to the West line of said East half (E1/2) of the West (W1/2) for 316.5 feet more or less to the South line of said Lot 51, thence run East along said South line for 75 feet, thence run parallel to said West line of the East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to a point on the North line of said Lot 51: thence run West along Page 1-1 8A said North line for 75 feet to the point of beginning, being the East 75 feet of the West 450 feet of said East half (E1/2) of the West half (W1/2) of Lot 51. South 105 feet of the East 125 feet of the West Y:, of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. East half (E1/2) of the West half (W1/2) except the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for right-of-way, Lot 51 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. East 75 feet of the West 375 feet of the East half (E1/2) of the West half (W1/2) of Lot 51 less the North 15 feet for right-of-way, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The Property is owned by Grand Inn of Naples, Inc., Michael Kessous (contact) and is hereinafter called "applicant or developer". 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The property is located in Section 15, Township 49 South, Range 25 East. The Property consists of approximately 4.02 acres and is located approximately 740 feet from the southeast corner of U.S. 41 and Pine Ridge Road and off and south of Pine Ridge Road. The Property currently supports a 105-room hotel, an 8,OOO:!: square foot restaurant and approximately 30% or 1.2 acres of open space. B. The zoning classification of the Property prior to the date of this approved PUD Document was PUD. 1.5 PHYSICAL DESCRIPTION The Property has the following designation relative to flood - FEMA FIRM Flood Zone X: area of 500-year flood or area of 100-year flood with expected average depth of less than 1 foot: and areas protected by levees from 100-year flood. Community-Panel Number 120067 0383 E: Map Revised August 3, 1992. 1.6 PROJECT DESCRIPTION Pine Ridge Mixed Use Center is a proposed mixed-use center, which will support a maximum intensity of development not to exceed commercial square footage of 10,000 square feet and 14 residential dwelling units per acre. Page 1-2 SA 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Mixed Use Center Planned Unit Development Ordinance." Page 1-3 SA SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances and other project relationships. 2.2 GENERAL A. Regulations for development of Pine Ridge Mixed Use Center shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat (if required), Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Pine Ridge Mixed Use Center shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6, Section 6.02.00 Adequate Public Facilities of the Land Development code at the earliest or next to occur of either final SOP approval, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including access locations, is illustrated graphically by Exhibit "A" PUD Master Plan. There shall be one (1) general mixed-use tract. Page 2-1 8A TABLE I: PINE RIDGE MIXED USE CENTER ESTIMATED LAND USE SUMMARY TYPE UNITS / SQUARE FOOTAGE ACREAGE MIXED USE Commercial/Restaurant 56 multi-family units' 10,000 4.02::1: Exhibit "A" is a PUD Master Plan and is an illustrative preliminary development plan. Design criteria and layout illustrated on this supporting exhibit shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the Project Development, as set forth in this document. 'One unit of the approved 56 multi-family units must remain dedicated as a care takers residence for the duration of the project, unless amended by the Board of County Commissioners through the customary PUD amendment procedure. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A mixed use center with a maximum intensity of development which shall not exceed 56 multi-family units and 10,000::1: square feet maximum of commercial/restaurant. The gross project area is 4.02::1: acres. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida as may be applicable. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Chapter 4, Section 4.03.00 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Chapter 10 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Chapter prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. Page 2-2 ~ 8 A E. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code Chapter 4. F. The developer will make a contribution to the County's Affordable Housing Fund, per the provisions of such contributions, in the amount of $1,000 per unit within 60 days of the approval of the MPUD. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code Section 10.02.13. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association or another appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 10.01.13.L. 2.8 LANDSCAPE BUFFERS, FENCES AND WALLS Landscape buffers, fences and walls are generally permitted as a principal use throughout the Pine Ridge Mixed Use Center. The following standards shall apply: A. Landscaping slopes shall have the following maximum side slopes: 1. Grassed slopes 3: 1 2. Ground covered slopes 2:1 3. Rip-Rap slopes 2:1 4. Structural walled changes in elevation - vertical The above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pine Ridge Mixed Use Center PUD. A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code Section 2.01.03. 2. Water management facilities and related structures. Page 2-3 SA 3. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Page 2-4 SA SECTION '" MIXED USE DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to set forth the regulations for the Property designated on Exhibit "A", PUD Master Plan, as "Mixed-Use". 3.2 No building or structure, or part thereof, shall be erected, altered or uses, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi-family 2. Restaurant(s) without a drive through. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in the above districts. 2. Covered parking structures/garages. 3.3 DEVELOPMENT STANDARDS: A. Lot Area: 10,000 square feet B. Lot Width: 100 feet C. Maximum Buildino Heioht & Setback Reouirements: 1. Primary structures: project boundaries: Max. Bldg. Height Setbacks Requirements Front (East) Side (West) Side Rear 25 ft 35 ft 45 ft 25 ft 25 ft 35 ft 25 ft 50 ft 75 ft 25 ft 25 ft 35 ft 25 ft 50 ft 75 ft 2. Setback requirements for primary structures: interior boundaries: the greater of 10 feet or half the height of the structure. Page 3-1 8A 3. Setback requirements for covered parking and/or garage accessory structures: 15 feet: except from Pine Ridge Road which requires a 20 foot setback. D. Distance Between Principal Structures: A minimum of half the sum of the height of the structures, unless attached, then none. E. Maximum Heiqht of Covered Parkinq: Twelve (12) feet. F. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G. Landscapinq: As required in the LDC unless specified herein. All trees within buffers adjacent to right-of-way shall be installed with a County Staff approved deep root system. 1. The following buffers are considered to meet or exceed LDC required buffers: a. PUD Type "0.1" Landscaped Buffer: This buffer shall have an overall width of 20 feet. The public sidewalk has been displaced from public right-of-way to within the subject property where practical. This has provided desirable landscaped separation between sidewalk and the roadway curb. The width of the displaced sidewalk is included within the width of this buffer. Tree and hedge installation shall meet the requirements of the LDC Type 0 buffer. b. PUD Type "B.1" Landscaped Buffer: LDC Type B tree and hedge requirements in addition to a masonry wall/fence or prefabricated concrete wall/fence shall be provided: except that the spacing of the shade trees, shall be 15 feet and the trees shall have a minimum height at installation of 12 feet. c. PUD Type "B.2" Landscaped Buffer is required where the subject property abuts commercially zoned property: LDC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided: except that the spacing of the shade trees shall be 20 feet and the trees shall have a minimum height at installation of 10 feet. Page 3-2 8A ",;\~ 2. In order to facilitate the potential retention of existing trees, no water management or no new lines of continuous utilities shall be developed within the required buffers. H. Landscapinq for Off-Street Parkinq: In order to facilitate the retention of existing trees, rows of parking may contain more than ten (10) parking spaces uninterrupted by a landscaped island provided that an average of ten (10) or less spaces is maintained within the overall development. I. Open Space Requirements: Thirty (30) percent of the acreage of the PUD. This acreage may include the development of open space plaza features inclusive of water elements, and decorative pedestrian walks and seating areas enhanced by landscaping. J. Liqhtinq: The maximum height of parking lot and site lighting fixtures shall be 16 feet and installed and located in a manner so that light shall shielded from residentially zoned area. No neon lighting shall be visible from the exterior of the project. K. Parkinq: Each unit shall provide 2 parking spaces per unit. Page 3-3 SA SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, or successor ordinance, shall apply to this project. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 4.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas on the Property. 4.4 ENVIRONMENTAL A. This PUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. B. All category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. Page 4-1 SA C. This PUD is required to maintain 10,541 square feet of preserve /mitigation and these areas shall minimally meet the development standards permitted by SDP- 147. D. A Preserve Area Management Plan shall be provided to Environmental Review Staff for approval in the first subsequent application for SOP Amendment or new SOP after approval of this PUD. The Plan shall delineate location of the provided 10,541 square feet (of preserve/mitigation and shall identify methods to address treatment of invasive exotic species, fire management, and maintenance. 4.5 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual Uniform Minimum Standards (MUMS), current edition, FOOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devises (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is to be processed. D. Site related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, and Division 3.15.LDC, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify Page 4-2 SA or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. K. If a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. A sidewalk connection will be made from Castello Drive to the sidewalk at the handicap parking area. 4.6 MONITORING REPORT AND SUNSET PROVISIONS A. The Pine Ridge Mixed Use Center PUD shall be subject to the Sunset Provisions of Chapter 10. Section 10.02.13.0 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant To Chapter 10, Section 10.02.13.0 of the Collier County Land Development Code.. 4.7 POLLING PLACES Pursuant to Chapter 4, Section 4.07.06, Provision of Polling Places, of the Land Development Code, provision shall be made for the future use of building space within common areas (if provided) for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. Page 4-3 Job #29922 User ID N/A User bosimichael Title 7403 updated master plan 1-24-06.pdf Source: Network Card Language: PostScript Printed: TUE JAN 24 16:21 :232006 SA ~ I~ ,,.. 10 '''' l:iij ';;:: I Iii J .I / 'lQJ'lQJm =tb~ ~g~ m = 2QJ~~ =~=:J g fUN. ~ '0(J ~ m~ ~2QJ ='lQJ ~F m~ g~ tb WJ m 'lQJ tb g PELICAN PLACE SHOPPING CENTER C-4 COMMERCIAL ZONING DISTRICT ~ ~ z G) en Z G) ",r enm "" ;.~ ~ '" m en o m ~ i!: '" 21 " c o ~ o ~ 8 , , , +-- en m g o z - '" ~- !li!(! n- g~ ~~ ~~ 0- ~~ >G) m '" '" ~ ;-I :i i~ ~ "l;;!" %." ~..,,!I! o>~ 0 on () '" " ...%< ~I~~ " ~ 0 =i c ~O' ~ '" ;: ~ " . (I)~ .......0.. % 6 ;: g~> "' ~ )> 0 sm=~ '" Z AJ AJ " ivl"1g " ~ () 11 .~~.. !'; '" '" "' :f'>tD(T'l r r oeO idl ~ r 0 ~~ " Y->J;;tl ;: ~~ ,,~ ~ "'~ Ilil % " ~ >~ zZ Z 00 ~ ~ ~.. ~ ~o ~ ~~ % 51 ;!~ '" ~ '"" ri!~1! ~~ UNDEVELOPED G) ! > 8 r ,,~ COMMERCIAl. i.~1 ~~ f2 ! ~~I ne ~ i " ~. lid '" "'- ... s;j!1'l m i 0 "'.. 0 0, ~~. Sl " '" coo " N ~ ~ o 0 0 )> ;+~ Q z . . '" m ! '" .., . ill <:~ . o. :=l=rz~ i a > x ' I MUL TI.sTORY SELF STOIlAGE BUILDING 2l n 'j"1; -'''M< ;-In::tl.... a c 8"tl8~ 3 ffiz,.. C:~8 I OO~ :rgo -to ~zo ^'-o;:!1 Zr>1r;; "".. > -< t Si. -PlNF. RIDGF: MIXED USE pun .....- PUD AlASTER PIAN EXHIBIT - A ~ PW/NING DEVELQPlIENr INCORPORATED ~!DB.l~SiIGNMI~_~~ 1l1:J/l'C~DoIll1'&sumI'.r.HAPU:f.11D:RlP.t:wJCl! -~,.-- __"'_llfll. -..II'.IliiI.r' --- -- I '---- 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 2006-06 Which was adopted by the Board of County Commissioners on the 24th 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 25th day of January, 2006. DWIGHT E. BROCK .,., . Clerk of Courts ana' Clerk Ex-officio to Board of - County Commlssicners ~~' O. C6~6ill ,i)~ By: Heidi R. Rockhol.a, Deputy Clerk .,..., -, SA DATE: TO: FROM: RE: MEMORANDUM February 2, 2006 Kay Nell, Legal Assistant County Attorney's Office Heidi R. Rockhold, Deputy Clerk Minutes and Records Resolution 2006-19 Resolution 2006-20 9A :. Enclosed please find one (I) copy of each of the documents, as referenced above (Agenda Items #9A, & #9B) approved by the Board of County Conunissioners on Tuesday, January 24, 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 Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Oflice. The completed TOuting slip ,Uld original documents are to be forwarded to the Board Oft1ce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention oflhe Chairman's signature, draw a line through routin2 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 Bee approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact slafl'for additional or missing information. All original documents needing the Bee Chairman's signature arc to he delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Countv Attornev's Office Agenda Date Item was January 24, 2006 Agenda Item Number 9A Approved bv the BCC Type of Document Resolution Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The 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 licablc. "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 Bee'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. Yes (Initial) NI A (Not A Iicable) 2. 3. 4. 5. 6. tt' N/A ({) (j) @ 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. 2006-19 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE COLLIER COUNTY CODE ENFORCEMENT BOARD. WHEREAS, Collier County Ordinance No. 92-80, as amended, provides that the Collier County Code Enforcement Boards shall consist of seven regular members and two alternate members; and WHEREAS, there terms of four members will expire creating vacancies on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Larry Dean Mieszcak, formerly representing the category of Alternate, is hereby reappointed under the category of Citizen to the Collier County Code Enforcement Board for a 3 year term, said term to expire on February 14, 2009. 2. George P. Ponte, representing the category of Citizen, is hereby reappointed under the category of Citizen to the Collier County Code Enforcement Board for a 3 year term, said term to expire on February 14, 2009. 3. Gerald J. Lefebvre, representing the category of Realtor, is hereby reappointed under the category of Citizen to the Collier County Code Enforcement Board for a 3 year term, said term to expire on February 14, 2009. This Resolution adopted after motion, second and majority vote. DATED: January 24, 2006 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '&0 I) .... . ..Oeputyerl~':, '. Atit$t as 1>>IChi1run's -t19Nture OIfly;' By: ~~~~....... FRANK HALAS, Chairman , - Approve~; aHo fo~m and legal sufficiency: D~':.~:':/'~ County Attorney Item # qA 1-2<-/--IP Agenda Date DATE: TO: FROM: RE: MEMORANDUM February 2,2006 Kay Nell, Legal Assistant County Attorney's Office Heidi R. Rockhold, Deputy Clerk Minutes and Records Resolution 2006-19 Resolution 2006-20 .. 90 . Enclosed please find one (I) copy of each of the documents, as referenced above (Agenda Items #9A, & #9B) approved by the Board of County Commissioners on Tuesday, January 24, 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 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 98 Print on pink paper. Attach to original document. Original documents should be h,md delivered to the Board OITice. The completed routing slip and original document:; 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 Ch . d r th h . r # I h h #4 I h h kr d f d S n r #5) execution of the airman's sIgnature, raw a me rougl routmg mes t rouo ,compete! ec ec 1st, an orwar to, ue 'I son( me 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 oflhc original docum~nt pending BCe approval. Normally th~ primary contact is the person who created/prepared the executive summary. Primary contact information is need~d in the cvent one of the addressees above. including Sue Filson, need to contact statr j()r additional or missing information. All original documents needing the BCC Chairman's signature arc to be ddivcred to the BCe olliee only alter the BCC 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 24. 2006 Agenda Item Number 9B Approved by the BCC Type of Document Resolution Number of Original 1 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document bas 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 Omce 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 bave been initialed by the County Attorney's Office and all otber 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 oftbe document or the final ne otiated contract date whichever is ap 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 your deadlines! The document was approved by the Bee on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chao es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. o N/A &,) (19 I: Forms! COUllty Forms! Bee Forms/ Original Documents Routing Slip WWS Original 903_04. Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2006-20 98 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO APPOINT VICKI N. CLAVELO 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, there is currently a vacancy 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 COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Vicki N. Clavelo is hereby appointed to the Golden Gate Community Center Advisory Committee to fulfill the remainder of the vacant term, said term to expire on December 31, 2006. This Resolution adopted after motion, second and majority vote. DATED: January 24, 2006 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ :.~ ~'.<',;.' ,'," '-"" ~'Ij<r4!JPl~~ ,QC , . ~puty lel"k',' Attest as to chl~n' s .t".ture OnlJ~;:: -,. ' ..' ." ""-r; . :;~; ,.,.- By: ~/~~/ FRANK HALAS, Chairman Approved as to form and legal sufficiency: L.~.l.d~ David C. Weigel County Attorney Item # q~ Agenda \ -2- Lj. ~ Date [)c!~ 2 -2-010 Rec' " F ThomasE.SeIck 35102'. Avenue Southwest Naples, FL 34117 239.649.64" e-mail:~~rr.oom lOB Gee k' Ihl.//rJb "r~fn IO/3--cf2... ~ January 24, 2006 Collier County Board Of Commissioners , . Re: Permit Number 2005080737, 356021 st Avenue SW, Waterways Joint Venture IV Honorable Commissioners: The "train wreck" that Joe Schmidt accurately forecasts for the Estates has happened next door to me. To briefly recap the events, Waterways Homes bought a now-illegal 75' wide lot between my property and that of Mrs. Sharon Thoemke on 21" Avenue SW. They have approval to build a single-family home on the property that your building department officials concede will probably flood the adjacent properties. In fact, these same officials said on November 15'" when I appeared before you that "[offsite] flooding was a problem ~ the Estates that would get worse." At a meeting between your staff, the developer and me and my representatives, staff said that although flooding was probable they could do nothing to prevent it. This is because the development code does not provide them a remedy for this unfortunate situation. I recognize that development of substandard lawfully non-conforming lots should occur provided that they are not allowed to negatively impact conforming properties. If any lots should receive close scrutiny, it is these "band-aide" lots when they are developed. The photo that I have clearly shows the new home being built behind the existing houses and at an altitude that will unquestionably flood these properties in a 10-year stonn event. The floor of the new house will be above the window sills of Mrs. Thoemke's 26- year old house which is just 11 feet away. This is classic bad planning_ I urge you to take the high road and immediately enact the development standards that are critical to the preservation of life and property in the Estates. I doubt that none of you would want a new home built that looks directly into your rear yard and floods it, too. Site plan review and adjacent property impacts should be required for every 75' wide lot developed in the Estates. This is neither burdensome nor expensive. It is good planning and the public will respect you for requiring this. Respectfully, ~ . --_"_'"~'._.w___..... MEMORANDUM Date: February 7, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records Department Re: Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractor: American Computer Technologies Enclosed are three (3) original documents, as referenced above (Agenda Item #10D) approved by the Board of County Commissioners on Tuesday, January 24, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures (3) 100 100 Memorandum DATE: February 2,2006 \& oV> DATE: REC Sheree Mediavilla, Risk Manager 0 I ~~ F.. 'EIVED Risk Management Department t1 ' [8 - 2 2006 ~ RISk ~ Lyn M. Wood, C.P.M. GEI1l:.Nr Contract Specialist TO: FROM: RE: Review ofInsurance for: Contract: #06-3916 "Annual Contract for Instrumentation, Control, Telemetry and SCADA Integration Services" Contractor: American Computer Technologies This Contract was approved by the BCC on January 24,2006; Agenda Item 10.0. 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 questions, please contact me at ext. 2667. Cc: Dennis McGee, PUED ITEM NO.: DATE RECEIVED: FILE NO.: o b - P/?C!-- ()0319 ROUTED TO: 100 DO NOT WRITE ABOVE TIDS LINE REQUEST FOR LEGAL SERVICES Date: February 2,2006 To: Robert Zachary Assistant County Attorney From: Lyn M. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractor: American Computer Technologies, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on January 24, 2006; Agenda Item 10.D. This item has not been previously submitted. ACTION REQUESTED: Contract Teview 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. vc~ 1._0(, Z_lO "'-> = = "" g , c.v '"t> ::z: J::- .c- .c- , - Q( '-.-7 <:', =< c-;' rr 2:ic 00- -::0 --, <::r:: rnrr, --< AGREEMENT 100 THIS AGREEMENT is made and entered into this 24th day of January, 2006, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and American Computer Technologies, Inc., authorized to do business in the State of Florida, whose business address is 2200 Lucien Way, Suite 195, Maitland, Florida 32751 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2006 and terminating January 31, 2007, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The Purchasing/General Services Director or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The Purchasing/General Services Director or his designee shall give the Contractor written notice of the County's intention to renew 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 Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for an Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 06-3916 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Project Manager to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Approval by the Public Utilities Engineering Department Director is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) or more of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney approval. Page -1- 1 OO''''~I; In each Request for Quotation, the Owner reserves the right to specify the period of completion .. and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation in accordance with the rates set forth in Exhibit C, attached hereto and incorporated herein by reference. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: American Computer Technologies, Inc. 2200 Lucien Way, Suite 195 Maitland, Florida 32751 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Telephone: 239-774-8407 Fax: 239-732-0844 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, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. 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. 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. Page ~2- 1 OD~~'i 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. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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 Liabilitv: 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 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 thirty (30) days prior to any expiration date. There shall be a thirty (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. Page -3- 100 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/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 the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/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. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A", attached hereto and incorporated herein by reference. C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. After review and approval, the invoice will be transmitted to the Finance Department for payment. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence indicating probable fling 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) Page -4- 100 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. B. 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. C. 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 his 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. 18. CHANGES IN THE WORK. 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 office, employee or agent of Owner is authorized to direct any extra or changed work orally. Page -5- 10D~'~ j A Change Order in the form attached as Exhibit "B" to this Agreement, shall be Issued and f: 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. 19.COMPLlANCE WITH LAWS. 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, workers' 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 Owner in writing. 20. CLEAN UP. 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. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. 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 Page -6- 100 responsibility therefore, pay all costs in connection therewith and furnish to the Owner 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 Owner. 25. PROTECTION OF WORK. A. 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 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner 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. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a letter, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 Page -7- 100 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. 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, Owner will make such inspection recommending that on the basis of his 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. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner 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. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a letter to that effect. Contractor hereby expressly waives and relinquishes any right which it may have to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. 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. 29.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set Page -8- 100 out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 06-3915, Annual Contract for Instrumentation, Controls, Telemetry & SCADA Integration Services, Exhibit A, Payment and Performance Bonds, Exhibit B, Change Order, Exhibit C, Collier County Standard Fee Schedule, any addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31.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. 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. Bro,*, GletK Iilf'Courts ~"""'" ~.........~q; By: . ,,', '\4:' . .~.. . ,. .\ ,>\ . Date: ~:.wi-O (0 .;....; j . ~'/(Seal) . ,i Attest... to. Ctllt,...,. . s Ifgn,atllr. only; \,,""~, First Witnes '" ~"\$'1 \'1\ 'I\.$Q..,l Type/pri2.. 'tness..Name ~ !:(l~f/4;) / Second Witness K::-tJ !JC/!;LJ;CVfC>Z) Type/Print Witness Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~.;>~::?....... C-ommissioner , Chairman AMERICAN COMPUTER TECHNOLOGIES, INC. 4C:~ By: ~ I Signature b\ZUCE lUlllUlfI Typed Signature ~ ( Title CORPORATE SEAL (Corporations Only) Approved as to form and le~/l Ilem# l0 b Agenda t -2' I -/L Dale 't -'fJ Assistant County Attorney Page -9- EXHIBIT A PUBLIC PAYMENT BOND 100 Instrumentation, Controls, Telemetry & SCADA Integration Services Bond No. Contract No. 06-3916 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) 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 ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 255.0592. 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 day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -10- Signed, sealed and delivered in the presence of: 100 PRINCIPAL: By: Name: Its: Witnesses as to Principal The foregoing instrument was acknowledged before me this of ,~ ~ corporation, on behalf of the corporation. He/she is personally as identification and did (did STATE OF COUNTY OF ,a known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety 200_, by _ (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page -11- 100 Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200__. by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -12- PUBLIC PERFORMANCE BOND 100 Instrumentation, Controls, Telemetry & SCADA Integration Services Bond No. Contract No. 06-3916 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- This instrument shall be construed in all respects as a common law bond. It is expressly ~nJ~tQd that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 200_, the name of each party being affixed and these presents undersigned representative, pursuant to authority of its governing body. day of duly signed by its Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , 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) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page ~14- 100 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- EXHIBIT B CHANGE ORDER 100 CHANGE ORDER NO. CONTRACT NO. 06-3916 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now L-J calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment. if any. to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: .200_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -16- 1001 EXHIBIT C Collier County Standard Fee Schedule RFP 06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Technician $71.00 per hour Programmer/Integrator $112.00 per hour Mark-up for Parts 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page -17- -..-...... .- - -..... -. .. -- ACORDm CERTIFICATE OF LIABILITY INSURANCE J l?t~~JIDDMYYI'" , PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Caton-Hosey Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 291970 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3731 Nova Road Port Orange, FL 32129-1970 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A St Paul Fire & Marine American Computer Technologies, Inc. INSURER B Travelers Casualty & Surety Co 2200 Lucien Way, Suite 195 INSURER c. Maitland, FL 32803 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 ILTR ~SR TYPE OF INSURANCE POLICY NUMBER PJl}i~~~~i6gl~1~E p~~fJ ~X:,Wt;~~N LIMITS A X ~NERAL LIABILITY X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE ~ OCCUR TE05800501 EACH OCCURRENCE ~AMApE TO RENTE~ n ..\ MED EXP (Anyone person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 07/20/05 07/20/06 A ~'l AGGRE~E ,LIMIT AP~S PER I POLICY I I j~8T I IlOC ~TOMOBILE LIABILITY f-- ANY AUTO ALL OWNED AUTOS r- I-- SCHEDULED AUTOS ~ HIRED AUTOS ~ NON-OWNED AUTOS r- PROPERTY DAMAGE (Peraccidenl) TE05800501 07/20/05 07/20/06 COMBINED SINGLE LIMIT (Eaaccidenl) BODilY INJURY (Perper$on) BODILY INJURY {per accident) nAGE LIABILITY H ANY AUTO AUTO ONLY. EA ACCIDENT OTHER THAN AUTO ONLY '1 000000 '250 000 .10000 .1 000000 .2 000 000 .2 000 000 '1,000,000 . EA ACC S A ~ESSIUMBRElLA LIABILITY ~ OCCUR D CLAIMS MADE I DEDUCTIBLE Xl RETENTION $ 10000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER Excess Crime Emp.Oishonesty AGG $ .3 000 000 .3 000 000 . . $ I T1'(~N,~~s I I o~~ EL EACH ACCIDENT $ E,L. DISEASE - EA EMPLOYEE $ EL DISEASE - POLICY LIMIT $ $750,000 Oed $250.000 $250,000 $2,500 Oed 07/20/05 07/20/06 TE05800501 EACH OCCURRENCE AGGREGATE 07/20/05 07/20f05 07/20/06 07/20/06 B A 104357915 TE05800501 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *Cancellation Notice: Except 10 Days for Non~Payment of Premium per FI Statute. Professional Liability $5,000,000 Limit with $50,000 Deductible with St. Paul Fire & Marine Under Policy #TE05800501 7/20/05 to 7/20/06. Certificate holder is named Additionallsured with respect to the General (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001108) 1 of 3 JEV o ACORD CORPORATION 1988 #43933 PRODUCER PHILLIP W WREN 4241 N JOHN YOUNG PARKWAY , S1E 1000' ORLANDO, FL 32804 TIo4I. C&ATI,..IC::ATR 18 IBAUI'lD Aa A MATT.""1l Qf" '...FO....MA,...ON ONLV ""'0 C::OoNFER8 NO _IOHT.a UP-ON THIii. CIiiRTIP"G"AT. "'OLDER, -"HI. CERTIFICA.T. 00... "OT .""'."'0, E:JtTEHO 0" ALTER TN. eOVIERAO. A~"'ORDED ay TH. _,",IC&a;ta._I.~ I ' COMP~NIES AFFORDING COVERAGE ~":" A fFYA~AL INSURANCE COMPANY_ I COMPANY B I LOTTE\ j COMPANY C r- lETTER CO,""AMY D I LETT!'R COMPANY E ! LETTER '~~~:!~~::r~r~~~r;~\~\~;"~~\:~~Z;~;~;~~~~'?~~t~~~~:::;~~~;~i~;~!~;~:'~~~~i~!:~;:;;;~~~~~I;;~;!;;;~;;:;~;;;;& ..." INbICA,TF.O, NOTWITHSTANDING ANY ReClul~ElVIENT TE"JR;M OR CONOITION OF AJ.JY CONTRACT OR OTHER DOCUMENT\llitTH ~SPECT TO Y\!Hll;H 1'HJI5 CERTlFICATE MAY BE l$S:UEO OR, MAY,PERTA'.... 1l-IE lI~auRANCE AFFOROEO BY TWE POliCIES DIiSCRIBEO HEftE't-lIS SUBJECT TO ALL THE TERMS, ~)(CLUSIONS AND CONOIT1ONS OF SUCH POLICI~S.llMits SHO\NN MAY HAVE BEEN REOUCED say PAlO ClAIMS. CO. ----, I POi..ICY EFFECTIWTpOUOY !.XPIftATION .~ lIM:rTS lT~ TYP1!OF INSURANCI! POLICY NU"IUER ~9'U~ MiNIOOft'O OATE(NtNDIY'N) GENERAL U4BlllTY I GENERAl AGGREGATE S COMMf::R.CIAl GENERAl. UABIUT'V PRCDUCTS_COMPIOP AGG. So CLAIMS 1ifA0E 0 OCCUft. peRSONAL & AD-V IN.JLJRY .$ ()lM.jE;R'S & CONTAACrQIi{'S PROTo EACH OCCURANCE I. FIRe DAMAGE ~ny one. n!1t) t 1\A8). EXPEN.9E fAtly <l>?4 ...'oJon) $ INSURIa) AMERICAN COMPUTER 1ECHNOLOGlES fNC PO BOX 948394 ORLANDO, FL 32860 .,~,,;~ AtlTO!IWltllE L.tA.81L1TY ANY ^UTQ ALL O'NNEO AurQ.S SCHEQUlEDAUTOS HI~eO AUTOS NON-OWN!::O AUTOS GARAGE UABlUl'T' COMelWEo 51,N.GlE LIMIT , SODlL Y INJURY [P.rPlt~) r~ i aDOl!.. Y INJVR'Y' f(Per acc:kltlM) , PROPf:RlY DAMAGE liXCESS UA8fUTY IJMBR'ELLA FORP.-I IQTl-IER. THAN, llMSQaLA 1i'0RM. EACH OCCURENCE AGGRroATE: , . . WOAKER's COMPENSA TIO,. AND EMPLOYERS' LIADIUTY OTHER WC840-001580J,2006A 0110 112006 01101/2007 STATUTORY LIMITS EA.CH ACCIDENT DiSEASE POllC.Y LLMn DISEASE EACH EMPLOYEE ,r;~:~;:t~t6;:H~1~~l~~i?~1!0l~;N~pl; OE.5CRIPTION OF OPERATIONS! lOCATIONS I V&iICl..ES,-.9PeclALJTeJIIS COLLIER COUNn' BOAlm OF COUNlY COMMISSIONERS IS LISTED AS ADDmONAL INSURED .:;I~m~;:~!m'i;iHm~'~~~6f;U;~:::-n~m:;~~~:LtM:';:;:i~;:JR]);t1;~{di?:.'" '--.: . . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEl.lED BEFORE THE EXPIRATION DArt: THERE OF, THE ISSUJNG COMPANY WILL ENDEAVOR io MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOl,OER. NAMED TO THE lEFT. BllT fAfLllRE TOMAfl S1.JCH NOTfCE BHAllIMPOSE ,"0 OBLIGATION OR LIABILITY OF ANY KINO UP 0," J, COMPANY. I GENTS OR REPRESENTA TlVES. COLLlER COUNTY BOARD Of' COUNTY COMMISSIONERS P330I E TAMlAMI TRAIT., NAPLES, FL 34112 AUTHl)RIlED liPRUENTATlV ~, . -e~;, <:i:.. 100 MEMORANDUM Date: February 7, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records Department Re: Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractor: DCR Engineering Services, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #10D) approved by the Board of County Conunissioners on Tuesday, January 24, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures (3) 100 . Memorandum FROM: Lyn M. Wood, C.P.M. Contract Specialist \1 J O~ DY 1?%f DAT[ REC -. EIVEO FEa - 2 2006 rU:'K HANAGEI1ENT DATE: February 2, 2006 TO: Sheree Mediavilla, Risk Manager Risk Management Department RE: Review ofInsurance for: Contract: #06-3916 "Annual Contract for Instrumentation, Control, Telemetry and SCADA Integration Services" Contractor: DCR Engineering Services, Inc. This Contract was approved by the BCC on January 24,2006; Agenda Item 1O.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. If you have any questions, please contact me at ext. 2667. Cc: Dennis McGee, PUED ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: 06- PRe -orPfCr DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: February 2, 2006 To: Robert Zachary Assistant County Attorney From: Lyn M. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractor: DCR Engineering Services, Inc. BACKGROUND OF REQUEST: .~, r-q G.J This contract was approved by the BCC on January 24, 2006; Agenda Item I O.~ This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. Ifthere are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. ~~ 2.-~0- of; 100 '" c.-::. ~~ co'...... , ~ ...--.. :" ;~Ci ~~ ~...........; 1)'- ""'- "Tl ---I -- ___0 ---fTl ~il --/- 0"Tl ::D-' Znl ~ 0" U1 AGREEMENT 100 THIS AGREEMENT is made and entered into this 24th day of January, 2006, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and OCR Engineering Services, Inc., authorized to do business in the State of Florida, whose business address is 502 County Road 640 East, Mulberry, Florida 33860 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2006 and terminating January 31, 2007, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The Purchasing/General Services Director or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The Purchasing/General Services Director or his designee shall give the Contractor written notice of the County's intention to renew 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 Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for an Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 06-3916 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Project Manager to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Approval by the Public Utilities Engineering Department Director is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) or more of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney approval. Page -1- 100 In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation in accordance with the rates set forth in Exhibit C, attached hereto and incorporated herein by reference. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Todd Bredbenner, P.E., Vice President OCR Engineering Services, Inc. 502 County Road 640 East Mulberry, Florida 33860 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Telephone: 239-774-8407 Fax: 239-732-0844 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, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. 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. 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. Page -2- 100 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. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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 Liabilitv: 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' ComDensation: 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 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 thirty (30) days prior to any expiration date. There shall be a thirty (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. Page -3- 100 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/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 the Contractor or anyone employed or utilized by the Contractor/ 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. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A", attached hereto and incorporated herein by reference. C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. After review and approval, the invoice will be transmitted to the Finance Department for payment. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence indicating probable fling 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) Page -4- 100 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. B. 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. C. 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 his 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. 18. CHANGES IN THE WORK. 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 office, employee or agent of Owner is authorized to direct any extra or changed work orally. Page -5- - 100 · A Change Order in the form attached as Exhibit "B" 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. 19.COMPLlANCE WITH LAWS. 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, workers' 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 Owner in writing. 20. CLEAN UP. 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. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. 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 Page -6- 100 responsibility therefore, pay all costs in connection therewith and furnish to the Owner 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 Owner. . 25. PROTECTION OF WORK. A. 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 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner 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. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a letter, 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 Page -7- 100 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 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, Owner will make such inspection recommending that on the basis of his 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. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28.L1QUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner 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. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a letter to that effect. Contractor hereby expressly waives and relinquishes any right which it may have to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. 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. 29.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set Page -8- 100 out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 06-3915, Annual Contract for Instrumentation, Controls, Telemetry & SCADA Integration Services, Exhibit A, Payment and Performance Bonds, Exhibit B, Change Order, Exhibit C, Collier County Standard Fee Schedule, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31.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. 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. - ',.' "1.. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~/~::?~ ommissioner , Chairman ATTEST:.. . , ., Dwight 5. Brock, Clerk tif Courts By~Q~ffi!O,~ Date' ' "-<<::-0:,. .:;A1.F- . ,.,~.~ Ilttt,t(i~~ Chi.tl'llln' s It...tIre 0111,. t~ '-11, ~ ~&~;r First Witness OCR Engineering Services, Inc. , Contractor \ t ./ By: ,,,)/I.(..\.-...... !'v.'A_ Signature Clare M. Connelly Type/Print Witness Name ~~'~o~ ~:~~~~( Steve Keen Typed Signature Control Systems Manager Title Jennifer L. Waymire Type/Print Witness Name CORPORATE SEAL (Corporations Only) Approved as to form and ''9'''~~ Assistant County Attorney Item # \0 I - 2 L/--Qb Agenda Date Page -9- 100 EXHIBIT A PUBLIC PAYMENT BOND Instrumentation, Controls, Telemetry & SCADA Integration Services Bond No. Contract No. 06-3916 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at _ (Business Address) are held and firmly bound to as Oblige in the sum of ($) 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 ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 255.0592. 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 day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -10- 100 Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,~ ~ corporation, on behalf of the corporation. He/she is personally as identification and did (did 200_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -11- 100 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200__, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -12- PUBLIC PERFORMANCE BOND 100 Instrumentation, Controls, Telemetry & SCADA Integration Services Bond No. Contract No. 06-3916 WHEREAS, Principal has entered into a contract dated as of the _ day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- This instrument shall be construed in all respects as a common law bond. It is expressly u!eQoQ that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , 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, State of Commission No.: Page -14- 100 < ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- 100 EXHIBIT B CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 06-3916 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200__ You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now L---> calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any. to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein. including claims for impact and delay costs. Accepted: .200_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -16- 100 EXHIBIT C Collier County Standard Fee Schedule RFP 06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Technician $71.00 per hour Programmer/lntegrator $112.00 per hour Mark-up for Parts 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page -17- ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 1~ DATE (MMIDDIYYYY) DCRE001 01/09/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Huckleberry, Sibley & Harvey, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ins. & Bonds, Inc. CORPORATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1020 N Orlando Ave #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Maitland FL 32751 Phone: 407-647-1616 Fax:407-628-1635 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Nat'l Pira In. Co of Hartford 01505 INSURER B: Tranllcontinental Inauranca Co. 01805 DCR En~ineering Services, Inc. INSURER c: 01807 Attn: on Jordan Tranaportat.ion In.ur.nea CO PO Box 1021 INSURER 0: Valley Forqe Insurance Co 01839 Mulberry FL 33860 INSURER E: 100 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 RESPECTTQ 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 OA,,~rJMrDI:DNYll: 8~~'fIM';,o'b'M-~" L1MFTS GENERAL LIABILITY EACH OCCURRENCE 11,000,000 - U1044207091 03/01/05 03/01/06 PRE'MISEs 1E~=~nce) 150,000 A X X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE [!] OCCUR MED EX? (Any ona person) 15,000 Contract Liab as en. BXTBRSION' DfDOIl.SIMUn' PERSONAL & ADV INJURY 11,000,000 - per policy form GENERAL AGGREGATE $1,000,000 - $1,000,000 GEN'LAGGREGATE LIMIT APnS PER: PRODUCTS - COMP/ap AGG "I V !Xl PRO, POLICY X JECT LOC ~TOMOBllE LIABILITY COMBINED SINGLE LIMIT $1,000,000 B .!. ANY AUTO U1044214963 03/01/05 03/01/06 (Eaaccidanl) ALL OWNED AUTOS BODILY INJURY I-- I SCHEDULED AUTOS (Per person) I-- c!- HIRED AUTOS BODILY INJURY (Peraccidenl) I ~ NON.OWNED AUTOS r-- PROPERTY DAMAGE I (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT I ANY AUTO OTHER THAN EAACC I AUTO ONLY: AGG I EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE 14,000,000 C ~ OCCUR D CLAIMS MADE 1044207107 03/01/05 03/01/06 AGGREGATE s 4,000,000 Follow I ~ ~EDUCTIBLE Form EL I X RETENTION 110,000 I WORKERS COMPENSATION AND X I TORY LIMITS I IU.."- D EMPLOYERS' LIABILITY WC249341678 01/01/06 01/01/07 1500,000 ANY PROPR1ETORlF'ARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? 8LARJ:BT WAIVlR 01" StnlRO E.L. DISEASE - fA EMPLOYEE 1500,000 ~~~1~5p~bO'J:~1~~s below E.l. DISEASE - POLICY LIMIT 1500,000 OTHER A Leased/Rented Eqp. U1044207091 03/01/05 03/01/06 Per Item $200,000 A Installation F1tr U1044207091 03/01/05 03/01/06 Per Job $250,000 DESCRIPTION OF OPERATIONS I lOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RFP #06-3916. Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services. Leased/Rented Equipment: Special Form/ACV/$5,000 Deductible Applies. Certificate ho1er ie included as additional insured wi respects to GL. " 10. Day notice for non-pay " CERTIFICATE HOLDER COLLIER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBlIGAnON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Collier County Board of County Commissioners 3301 East Tamaimi Trail Naples FL 34112 REPRESENTATIVES. B. 0 .~\.\ .. r -... 11 ACORD 25 (2001/08) @ACORDCORPORATION 1988 . IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s). authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) MEMORANDUM Date: February 7, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Heidi R. Rockhold, Deputy Clerk Minutes and Records Department Re: Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractor: Revere Control Systems, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #10D) approved by the Board of County Commissioners on Tuesday, January 24, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8411 Thank you, Enclosures (3) t OO~. 100 DATE: February 2,2006 Memorandum ~':\)~ ~ ').i DATE RECEIVED FEB- 2 2006 RISK MANAGEMENT TO: Sheree Mediavilla, Risk Manager Risk Management Department FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review ofInsurance for: Contract: #06-3916 "Annual Contract for Instrumentation, Control, Telemetry and SCADA Integration Services" Contractor: Revere Control Systems, Inc. This Contract was approved by the BCC on January 24,2006; Agenda Item 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. If you have any questions, please contact me at ext. 2667. Cc: Dennis McGee, PUED ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED To:()6 PRe -00397 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: February 2, 2006 To: Robert Zachary Assistant County Attorney From: Lyn M. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractor: Revere Control Systems, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on January 24,2006; Agenda Item 10.D. 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. c c...... f?-/'l'- 1-; b -DC::. 100 ...., = = "'" ..., l'T1 v:J I W -. >-:; ,-'" '---'t ~~i ~-~ --<::c rT' ~c -i.,-, o~ :IJ=r: :z: '0' n:J ~~ -0 3 ,L- .. en 100 AGREEMENT THIS AGREEMENT is made and entered into this 24th day of January, 2006, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Revere Control Systems, Inc., authorized to do business in the State of Florida, whose business address is 2240 Rocky Ridge Road, Birmingham, Alabama 35216 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2006 and terminating January 31, 2007, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The Purchasing/General Services Director or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The Purchasing/General Services Director or his designee shall give the Contractor written notice of the County's intention to renew 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 Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for an Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 06-3916 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Project Manager to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Approval by the Public Utilities Engineering Department Director is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) or more of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney approval. Page -1- 100 In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation in accordance with the rates set forth in Exhibit C, attached hereto and incorporated herein by reference. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Brenda Holleman, Secretary/Treasurer Revere Control Systems, Inc. 2240 Rocky Ridge Road Birmingham, Alabama 35216 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Telephone: 239-774-8407 Fax: 239-732-0844 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, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. 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. 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. Page -2- 100 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. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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 Liabilitv: 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 minimurn 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' ComDensation: 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 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 thirty (30) days prior to any expiration date. There shall be a thirty (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. Page -3- 100 ,. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/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 the Contractor or anyone employed or utilized by the Contractor/ 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. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A", attached hereto and incorporated herein by reference. C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. After review and approval, the invoice will be transmitted to the Finance Department for payment. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence indicating probable fling 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) Page -4- 100 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. B. 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. C. 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 his 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. 18. CHANGES IN THE WORK. 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 office, employee or agent of Owner is authorized to direct any extra or changed work orally. Page -5- 100 A Change Order in the form attached as Exhibit "B" 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. 19. COMPLIANCE WITH LAWS. 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, workers' 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 Owner in writing. 20. CLEAN UP. 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. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. 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 Page -6- 100 responsibility therefore, pay all costs in connection therewith and furnish to the Owner 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 Owner. 25. PROTECTION OF WORK. A. 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 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner 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. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a letter, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 Page -7- 100 . portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. 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, Owner will make such inspection recommending that on the basis of his 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. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner 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. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a letter to that effect. Contractor hereby expressly waives and relinquishes any right which it may have to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. 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. 29.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set Page -8- 100 out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 06-3915, Annual Contract for Instrumentation, Controls, Telemetry & SCADA Integration Services, Exhibit A, Payment and Performance Bonds, Exhibit B, Change Order, Exhibit C, Collier County Standard Fee Schedule, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31.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. 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. ~rQGk;cf~t~g>f Courts B~u9~P~0)~ .DC Dated: .'cQ. -(0 -0{0 .- ('-(Seal)" . Mttst"'scto'Cha1raan's IttNtn 0111,. ~'I.. (\~~j First W~ess ~iW\.'oe...l~ A. SLl.~ Type/Pri t Witness Name C~ltL~.. C'...,.\..~\~ Second Witness c..o. rl Q... r, . ...jM.: 0\ Type/Print Witness Name Approved as to form and '~/! /l / Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:_~~~./ Commissioner , Chairman Revere Control Systems, Inc. Contractor By:~ /~ Signature J3rU7<<- ;Iz, IleA~ Typed Signature .5?t! re.fp.r~ /TYu:'.ft/rttr itle' CORPORATE SEAL (Corporations Only) Item # ![) 1) ~~:da l-2<f-f,b Page -9- 100 EXHIBIT A PUBLIC PAYMENT BOND Instrumentation, Controls, Telemetry & SCADA Integration Services Bond No. Contract No. 06-3916 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) 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 ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 255.0592. 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 day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -10- 100 Signed, sealed and delivered in the presence of: PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,0 cl corporation, on behalf of the corporation. He/she is personally as identification and did (did 200_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -11- 100 · As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200__, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -12- 100 PUBLIC PERFORMANCE BOND Instrumentation, Controls, Telemetry & SCADA Integration Services Bond No. Contract No. 06-3916 WHEREAS, Principal has entered into a contract dated as of the 200_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- 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 Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , 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, State of Commission No.: Page-14- ATTEST: SURETY: 100 . (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- 100 EXHIBIT B CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 06-3916 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200 . You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now '----J calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any. to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and deiay costs. Accepted: .200_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -16- 100 · EXHIBIT C Collier County Standard Fee Schedule RFP 06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Technician $71.00 per hour Programmer/Integrator $112.00 per hour Mark-up for Parts 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page -17- ACORD. CERTIFICATE OF LIABILITY INSURANCE' I n I DA~ (MMJDDIYYYY) '" 1 i'21/2005 p~ooueER (610)687-9000 FAX (610)687-0950 THIS CERTIFICATE IS ISSUED AS !IIATTER OF INFORMATION Babb P&C limited ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Valley Forge Office Center ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 65F ~ Swedes ford Rd, Ste 224 Wa , PA 19087-1689 INSURERS AFFORDING COVERAGE NAIC# - Revere Control Systems Inc American Auto Ins (FF NJ) 1849 INSURED INSURER A:. 2240 Rocky Ridge Road INSURER B: Nat'l Union Fire.Ins.Co.of Pit(A G NJ) Hoover, Al 35216 INSURER c: James River Ins. Co. (Partners) INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT. 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 SHDWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY MZG808750992 11/21/2005 11/21/2006 EACH OCCURRENCE $ 1,000,000 I-- X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S l00,OOC , I CLAIMS MADE [!] OCCUR MEO EXP (Anyone person) S 5,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'lAGGREGATE LIMIT APnIPER: PRODUCTS. COMPfOP AGO S 2,000,000 I POLICY n ~i LOC AUTOMOBILE LIABILITY MZG808750992 11/21/2005 11/21/2006 COMBINED SINGLE LIMIT ~ (Eaaccident) S X ANY AUTO 1,000,000 .;.:.. - ALL OWNED AUTOS BCOll Y INJURY S SCHEDULED AUTOS (PerpefSOn) A - - HIRED AUTOS BODILY INJURY (Peraccidentl S - NON-QWNED AUTOS - PROPERTY DAMAGE S (Per accident) - ~RAGE UABIUTY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S . AUTO ONLY: AGG S ~ESSIUMBRELLA LIABILITY BE9037189 11/21/2005 11/21/2006 EACH OCCURRENCE $ 5,000,000 X OCCUR D CLAIMS MADE AGGREGATE S 5,000,000 B , $ ~ DEDUCTIBLE $ X RETENTION $ 10,00C S WORKERS COMPENSATION AND I we STATU-. I IOJ.!!' EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNERlEXECUTIVE E.L. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED7 E.L. DISEASE - EA EMPLOYE $ Iryes, describe under SPECIAL PROVISIONS below E.L. DISEASE. POLICY LIMIT $ OT>II/!: . 1 Errors & 00002041-2 11/21/2005 11/21/2006 $1,000,000 Occ Pro eSSlona C pmissions $1,000,000 Agg $25,000 Deductible \-..o...ESCR1PTlON OF OPERATIONS J LOCATIONS f VEHICLES I EXCLUSIONS AODED BY ENDORSEMENT J SPECIAL PROVISIONS Insured under the ~ollier County Board of County Commissioners is recognized as Additional ~eneral liability as required by written contract, but only with respect to work performed by the Named ~nsured. , CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIlE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --1L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Collier County Board of County Commissioners BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3301 E. Tamiami Trail OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples, Fl 34112 AUTHORIZED REPRESENTATIVE '-/I'(:.,~I'-fY(, C'r Maraaret Clinton/KRINEH ACORD 25 (2001/08) @ACORDCORPORATION 1988 ~CORD. PRODUCER CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYYYY) -1 1~/29 05 THIS CERTIFICATE IS ISSUED A OF INFDRMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Clark Associates Inc. 2229 Rocky Ridge Rd. Birmingham AL 35216 Phone:205-823-2300 Fax:205-822-0241 INSURERS AFFORDING COVERAGE NAIC# Revere Control Systems Inc. & 2240 Rocky Ridge Rd. Hoover AL 35216 INSURER A: INSURER 8: INSURER c: INSURER 0: INSURER E: AL Self In,ured Work Coap Fund INSURED Midwest ~ployars Casualty Co. Sentry Insurance A "Mutual Co 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. '~TR NS. TYPE OF INSURANCE POLICY NUMBER I PD~l'~~:~foE&&!XE PO'kTE' (M~hRfi'J!,.~N LIMITS ~NERAL LIABILITY EACH OCCURRENCE . COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) . 1 CLAIMS MADE 0 OCCUR MED EXP (Anyone person) . PERSONAL & ADV INJURY . GENERAL AGGREGATE $ n'~ AGG~EnEUMIT AP~~t PER: PROpUCTS. COM PlOP AGG $ POLICY j~8T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Eaaccidenl) - - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE . (Peraccidenl) ==rOE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY; AGG $ :5~SS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ , . ==i DEDUCTIBLE . RETENTION $ $ WORKERS COMPENSATION AND X ITlS'~/(I~:i'J" IU~~' EMPLOYERS' LIABILITY 1-1209-106 01/01/06 01/01/07 $ 1000000 A ANY PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT B OFFICER/MEMBER EXCLUDeD? PCAL-129001 01/01/06 01/01/07 E.L. DISEASE - EA EMPLOYEE ..1000000 If yes, desaibe under E.L DISEASE. POLlCY LIMIT $1000000 SPECJAL PROVISIONS below OTHER C Sentry Insurance 90-53646-01-00-061 01/01/06 01/01/07 ACC/EMP 1M/1M NC & FL Work Como POLICY 1M DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS , COVERAGES CERTIFICATE HOLDER CANCELLATION COLLC02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WilL ENDEAVOR TO MAil ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPR NTATIVE Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples FL 34112 ACORD 25 (2001/08) @ ORD CORPORATION 1988 ORIGINAL DOCUMENTS CHECKLIST & ROUTINfls1lIn TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT~VU THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exee tion of the Chairman's si ature, draw a line thrall h routin lines # 1 thrall #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. 4. Colleen M. Greene Assistant County Attorney 02/06/06 3. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the item.) Name of Primary Lyn M. Wood, C,P M. Phone Number 732-2667 Staff Contact Agenda Date Item January 24, 2006 Agenda Item Number lO.D was Approved by the BCC Type of Document Contract #06-3916 "Annual Contract for Number of Original Five (5) Attached Instrumentation, Controls, Telemetry and Documents Attached SCADA Integration Services" Contract: McKim & Creed P.A.. Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not annronriate. (Initial) Annlicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other narties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG document or the final neQotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG sip-nature 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 Jannarv 24. 2006 and all changes made CMG during the meeting have been incorporated in the attached document. The Connty Attornev's Office has reviewed the chanQes, if aDDlicable. INSTRUCTIONS & CHECKLIST I: Forms! County Fonns/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 100 . Memorandum DATE: ~~ February 2, 2006 r:J W Sheree Mediavilla, Risk Manager f): ~' Risk Management Department DArt RECEIVED FEe - 2 2006 RISK M.~." , uVYAGt.NENT TO: FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review of Insurance for: Contract: #06-3916 "Annual Contract for Instrumentation, Control, Telemetry and SCADA Integration Services" Contractor: McKim & Creed, P.A. This Contract was approved by the BCC on January 24, 2006; Agenda Item I a.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. If you have any questions, please contact me at ex!. 2667. Cc: Dennis McGee, PUED 100 . ITEM NO.: DATE RECEIVED: FILE NO.: ROUTEDTO:Of:;-Pkt_ 00398' DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES d-l(o I C((J /7 ~\t; .O~ Date: February 2, 2006 :RQesl't 2m..!.",,! (jf7/lee ~ Assistant County Attorney To: From: Lyn M. Wood, C.P.M, Contract Specialist 732-2667 Re: Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractor: McKim & Creed, P.A. BACKGROUND OF REQUEST: This contract was approved by the BCC on January 24, 2006; Agenda Item 10.D. This item has not been previously submitted. "" = = "'" -" r'" Co f "" -0 .::t: , - r-, ~\' "-- -, ":00-. oCC- -~ ---l --!- --<C .b- r-,- ---Ie CJ-'- :.::os: (Rrr- .<, ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: .c-- .::- Please forward to BCC for signature after approval. If there are any question:Y' concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. 100 . MEMORANDUM DATE: February 8, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department RE: Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractor: McKim & Creed, P.A. Enclosed are three (3) original documents, as referenced above (Agenda Item #10D) approved by the Board of County Commissioners on Tuesday, January 24, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8406. Thank you, Enclosures (3) AGREEMENT 10D . THIS AGREEMENT is made and entered into this 24th day of January, 2006, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and McKim & Creed, PA, authorized to do business in the State of Florida, whose business address is 1365 Hamlet Avenue, Clearwater, Florida 33756 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2006 and terminating January 31, 2007, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The Purchasing/General Services Director or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The Purchasing/General Services Director or his designee shall give the Contractor written notice of the County's intention to renew 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 Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for an Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 06-3916 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Project Manager to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Approval by the Public Utilities Engineering Department Director is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) or more of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney approval. Page-1- In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 100 . 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation in accordance with the rates set forth in Exhibit C, attached hereto and incorporated herein by reference. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Michael W. Creed, P.E., PresidenUCEO McKim & Creed, P.A. 1365 Hamlet Avenue Clearwater, Florida 33756 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Telephone: 239-774-8407 Fax: 239-732-0844 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, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. 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. 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. Page -2- 100 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. . 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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 Liabilitv: 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' ComDensation: 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 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 thirty (30) days prior to any expiration date. There shall be a thirty (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. Page -3- 10D . 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/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 the Contractor or anyone employed or utilized by the Contractor/ 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. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A", attached hereto and incorporated herein by reference. C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. After review and approval, the invoice will be transmitted to the Finance Department for payment. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence indicating probable fling 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) Page -4- 100 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. . If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. B. 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. C. 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 his 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. 18. CHANGES IN THE WORK. 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 office, employee or agent of Owner is authorized to direct any extra or changed work orally. Page -5- lOD A Change Order in the form attached as Exhibit "B" 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. . 19.COMPLlANCE WITH LAWS. 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, workers' 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 Owner in writing. 20. CLEAN UP. 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. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. 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 Page -6- 10D · responsibility therefore, pay all costs in connection therewith and furnish to the Owner 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 Owner. 25. PROTECTION OF WORK. A. 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 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner 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. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a letter, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 Page -7- IOu . portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. 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, Owner will make such inspection recommending that on the basis of his 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. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner 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. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a letter to that effect. Contractor hereby expressly waives and relinquishes any right which it may have to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. 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. 29.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set Page -8- lOD . out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 06-3915, Annual Contract for Instrumentation, Controls, Telemetry & SCADA Integration Services, Exhibit A, Payment and Performance Bonds, Exhibit B, Change Order, Exhibit C, Collier County Standard Fee Schedule, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31.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. 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 COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. ~~o~~; ~Ierk of Courts ~ By: ~"'~'bQ..ilJ'J}.<o.c.BY:__~> ~./ / ,''>0 ~I......., . FRANK HALAS ,Chairman Dated: It " .:.. " , (SeaD' ..' Q . , e. -- McKim & Creed, P.A. Contractor By: O~~ ----- Si ature A. Street Lee, P.E. Typed Signature Jeane C. Potter Type/Print Witness Name -f1~(~ Second Witness Vice President Title KarenE. Stokes Type/Print Witness Name CORPORATE SEAL (Corporations Only) Approved as to form and legal sufficiency: (~l1J tfur2~ I Item # to () Assistant County Attorney .0<:' . Page -9- ACORD m CERTIFICATE OF LIABILITY INSURANCE . PRODUCER (910) 509-9000 Walker Taylor Agency, Inc. 1430 Commonwealth Drive #302 Wilmington, NC 28403 DATE (MMIDDIYYYY) 01/05/2006 THIS CERTIFICATE IS ISSUED AS A MATTER DF 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. FAX (910)509-9006 INSURED McKim & Creed I PA P.O. Box 806 Wilmington, NC 28402 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance CO INSURERS: Hartford Ins Co of the Midwest INSURER c: 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. t~l'~ ~~9.'~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P~L1CY EXPIRATION LIMITS ~NERAL LIABILITY X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE 0 OCCUR 22UUNIA9447 05/15/2005 05/15/2006 EACH OCCURRENCE $ DAMAGE TO RENTED $ MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ A ~ ~ GEN'L AGGREGATE LIMIT APPLIES PER: h POLICY [Xl j~8i n LOC ~TOMOBILE LIABILITY ~ ANY AUTO ~ All OWNED AUTOS ~ SCHEDULED AUTOS ~ HIRED AUTOS ~ NON-QWNED AUTOS f- 22UENAM0684 05/15/2005 05/15/2006 COMBINED SINGLE LIMIT (ElIlIoodool) BODILY INJURY (Per person} BOall Y INJURY (Perllcddeot) PROPERTY DAMAGE (Per accident) AUTO ONLY. EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG 22XHUUA0618 05/15/2005 05/15/2006 EACH OCCURRENCE AGGREGATE A ~AGE LIABILITY I ANY AUTO A ~ESSlUMBRELLA LIABILITY ~ OCCUR 0 CLAIMS MADE "I DEDUCTIBLE x1 RETENTION $ 10,00' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Ifyes,desClibeunder SPECIAL PROVISIONS below OTHER 22WBIG6643 05/15/2005 05/15/2006 X IWCSTATU~I IOJ~' EL EACH ACCIDENT $ EL DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS { LOCATIONS L VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry Services. Certificate Holder is additional Policy Conditions and Exclusions and SCADA Intregation insured apply. for General L iabilty, CERTIFICATE HOLDER CANCELLATION 1,000,000 300,000 10 , 000 1,000,000 2,000,000 2,000,000 $ 1,000,000 $ $ . $ . $ $ $ $ 4,000,000 4,000,000 1,000,000 1,000,000 1,000,000 Collier County Government Attn: Lyn Wood Purchasing Department 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR liABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Deborah Church/DC ACORD 25 (2001108) @ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 100 . EXHIBIT A PUBLIC PAYMENT BOND Instrumentation, Controls, Telemetry & SCADA Integration Services Bond No. Contract No. 06-3916 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) 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 ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 255.0592. 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 day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -10- 100 . Signed, sealed and delivered in the presence of: PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,as ~ corporation, on behalf of the corporation. He/she is personally as identification and did (did 200_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -11- 10D . As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200__, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -12- lOD . PUBLIC PERFORMANCE BOND Instrumentation, Controls, Telemetry & SCADA Integration Services Bond No. Contract No. 06-3916 WHEREAS, Principal has entered into a contract dated as of the _ day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- 10D . This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , 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, State of Commission No.: Page-14- 10D . ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- EXHIBIT B CHANGE ORDER 100 . CHANGE ORDER NO. TO: CONTRACT NO. 06-3916 DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated .200_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now L....J calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shali constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any. to the Agreement shall constitute a full and finai settlement of any and all claims of the Contractor arising out of or reiated to the change set forth herein, including claims for impact and delay costs. Accepted: .200_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page-16- lOD . EXHIBIT C Collier County Standard Fee Schedule RFP 06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Technician $71.00 per hour Programmer/Integrator $112.00 per hour Mark-up for Parts 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page -17- ORIGINAL DOCUMENTS CHECKLIST & ROUTIN<!SOO . 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 exee tion of the Chairman's si ature, draw a line thrall h rautin lines #1 throu #4, com lete the checklist, and fOIward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in rautin order 1. 2, 4. Colleen M. Greene Assistant County Attorney C 02/06/06 3. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original docwnents needing the BeC Chainnan's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Lyn M. Wood, C.P.M. Phone Number 732-2667 Staff Contact Agenda Date Item January 24, 2006 Agenda Item Number 10.D was Approved by the BCC Type of Document Contract #06-3916 "Annual Contract for Number of Original Five (5) Attached Instrumentation, Controls, Telemetry and Documents Attached SCADA Integration Services" Contract E.M.A., Ine.. INSTRUCTIONS & CHECKLIST 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 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 possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chainnan's signature line date has been entered as the date ofBCC approval of the CMG documeut or the final negotiated contract date whichever is apolicable. 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 documeut 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 Januarv 24. 2006 and all changes made CMG dnring the meeting have been incorporated in the attached document. The County Attornev's Office has reviewed the chanees, if applicable. 1: Formsl County Fonnsl Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 . 10D " ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED To:06 -PI{c -(}O/f-b() 't!ilSJ DO l,,'-'T WRL.<: ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: February 2, 2006 gQ9Srt Za~hnry (j(j //6'0' tV Assistant County Attorney ~ \ la \Uo _ v \ <;L- OIS' eto ~ ()1\ &- To: From: Lyn M. Wood, C.P.M. Contract Specialist 732-2667 Re: Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractor: E.M.A., Inc. BACKGROUND OF REQUEST: "" :s This contract was approved by the BCC on January 24, 2006; Agenda Item I O.D..~ ,-,., co This item has not been previously submitted, ~ ACTION REQUESTED: -0 3: .<:- ~ , ~ ,--., ~( '-----:;c .:z:- -y. --I ;",.' -< c; ):,.,r, --;0 d" ::O::r:' :;ZiTi S! Contract review and approval. -&:- c.n OTHER COMMENTS: Please forward to BCC for signature after approval. Ifthere are any questions concerning the document, please contact me, Purchasing would appreciate notification when the documents exit your office. Thank you. 10D . Memorandum DATE: Fobru"" 2,2006 t;'Y ;~ Sheree Mediavilla, Risk Manager "/ DA7t REC[J VED Risk Management Department FER " " .. L 2006 RISK """'.. , U"Il'IJ~bENEN! TO: FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review ofInsurance for: Contract: #06-3916 "Annual Contract for Instrumentation, Control, Telemetry and SCADA Integration Services" Contractor: E.M.A., Inc. This Contract was approved by the BCC on January 24, 2006; Agenda Item 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. If you have any questions, please contact me at ext. 2667. Cc: Dennis McGee, PUED 100 . MEMORANDUM DATE: February 8, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department RE: Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractor: E.M.A., Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #10D) approved by the Board of County Commissioners on Tuesday, January 24, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8406. Thank you, Enclosures (3) AGREEMENT 100 . THIS AGREEMENT is made and entered into this 24th day of January, 2006, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and E.M.A., Inc., authorized to do business in the State of Florida, whose business address is 2180 West S.R. 434, Suite 6100, Longwood, Florida 32779-5013 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2006 and terminating January 31, 2007, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The Purchasing/General Services Director or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The Purchasing/General Services Director or his designee shall give the Contractor written notice of the County's intention to renew 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 Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for an Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 06-3916 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Project Manager to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Approval by the Public Utilities Engineering Department Director is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) or more of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney approval. Page -1- 100 . In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation in accordance with the rates set forth in Exhibit C, attached hereto and incorporated herein by reference. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Mark G. Wehmeyer, P.E., Executive Vice President E.MA, Inc. 2180 West S.R. 434, Suite 6100 Longwood, Florida 32779-5013 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Telephone: 239-774-8407 Fax: 239-732-0844 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, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. 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. 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. Page -2- 100 . 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. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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 Liabilitv: 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' ComDensation: 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 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 thirty (30) days prior to any expiration date. There shall be a thirty (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. Page -3- 10D o 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/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 the Contractor or anyone employed or utilized by the Contractor/ 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. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A", attached hereto and incorporated herein by reference. C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. After review and approval, the invoice will be transmitted to the Finance Department for payment. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence indicating probable fling 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) Page -4- 100 · 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. B. 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. C. 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 his 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. 18. CHANGES IN THE WORK. 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 office, employee or agent of Owner is authorized to direct any extra or changed work orally. Page -5- A Change Order in the form attached as Exhibit "B" to this Agreement~hQ Q issued a.nd 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. 19.COMPLlANCE WITH LAWS. 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, workers' 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 Owner in writing. 20. CLEAN UP. 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. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. 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 Page -6- 100 . responsibility therefore, pay all costs in connection therewith and furnish to the Owner 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 Owner. 25. PROTECTION OF WORK. A. 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 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner 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. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a letter, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 Page -7- .100 · portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 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, Owner will make such inspection recommending that on the basis of his 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. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28.L1QUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner 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. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a letter to that effect. Contractor hereby expressly waives and relinquishes any right which it may have to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. 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. 29.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set Page -8- 100 . out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 06-3915, Annual Contract for Instrumentation, Controls, Telemetry & SCADA Integration Services, Exhibit A, Payment and Performance Bonds, Exhibit B, Change Order, Exhibit C, Collier County Standard Fee Schedule, any addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31.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. 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 By: O~t=~,~'-' Dated:at.1Ilii6 ..it . . (Seal) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: .:;::::->~::?./ FRANK HALAS, ' Chairman E.MA, Inc. ~i~ I){~~ First Witness By: Richard L. Hughes ype/Print Witn s Name ~tU.. C l/. Second Witness r-\1rk G. Wehneyer Typed Signature Executive Vice President Title Irene C. Overbeek Type/Print Witness Name CORPORATE SEAL (Corporations Only) Approved as to form and legal sufficiency: ~~(yl ~ ,/ Assistant County Attorney Item#l~ ~~~;da 1- ;}Lj , D"4> ~:~d d' b-O~ Page -9- ~CORQ. CERTIFICATE OF LIABILITY INSURANCE ~7;~:;~~ 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. I NAIC# f A.merica PRODUCER (612)371-2080 FAX (612)371 Dennis J. Linder & Associates An affiliate of American Agency, Inc. 15 North 12th Street Minneapolis, MN 55403 INSURED H1A. Ine. 1970 Oakcrest Ave Suite 100 St. Paul, MN 55113 2099 INSURERS AFFORDING COVERAGE iN"suRERA-Travel ers pro"pert"y--Casua 1 ty CO INSURERS Travel ers Casual ty and Surety C INSURER C INSURERD A. M. Best Rating: A+ XV -~--------~- INSURER E "OVFRAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUiREMENT, TERM OR CONDITiON OF ANY CONTRACT OR 01HER 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 iNs~~~D'L TYPE OF INSURANCE POLICY NUMBER Pgk~~\~~6g~E PgLI.fJ{~l~.~b~~N LIMITS LTR INSR GENERAL LIABILITY 630-867K2336 01/01/2006 01/01/2007 EACH OCCURRENCE $ 1,000,000 ~ X COMlvlf:RClAL G=r-~ER.~L LIABILITY I ~~~.~,~~J?,,~E~TED ,~\ I 300,000 - h CLAIMS MADE 0 OCCUR INCLUDES: MED EXP (Anyone person) I 5,000 , A ;. BROAD FORM PD ONTRACTUAL LIABILITY PERSONAL & ADV INJURY $ 1,000,000 1<. XCU OPERATIONS OF SUBS- GE~IERAL AGGREGATE I 2,000,000 GE~J'L AGGREGATE L1~1IT APPLIES PER CONTINGENT LIABILITY PRODUCTS CO~..IPIOP AGG $ 2,000,000 !xl n PRO nlOC C--' X POLICY xci" AUTOMOBILE LIABILITY 810 867K2348 01/01/2006 01/01/2007 corvlBINED SINGLE LIMIT 1--- (Eaaccident) $ NN AUTO 1,000,000 I--- ALL O\f\A\JED AUTOS BODILY INJURY I--- $ SCHEDULED AUTOS (Per person) A 'x. HIRED AUTOS BODILY INJURY 'x I NON-OW~IED AUTOS [Per accident] I--- I--- PROPERTY DAMAGE I :Peraccident) GARAGE LIABILITY AUTO ONLY. EA ACClDEm I ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EX 867K235A 01/01/2006 01/01/2007 EACH OCCURRENCE I 5,000,00C ~ OCCUR D CLAIMS MADE AGGREG.I\,TE I 5,000,00C -~~_..-. A $ ~ DEDUCDBLE I RETENTION l $ WORKERS COMPENSATION AND UB 867K2293 01/01/2006 01/01/2007 X I i6~n~1f~ I I OEW. EMPLOYERS' LIABILITY ~- 1,000,000 B ANY PROPRI:;:TORiP ARTNER/EXECUTIVE EL EACH ACCIDENT I Of=f=ICERIMEMBER EXCLUDED? EL DISEASE EA EMPLOYEE I 1,000,000 If yes, describe wcler --,.. SPECIAL PRO"''1Slm,IS below E.L DISEASE - POLICY LIMIT I 1,000,000 OTHER Y!'SCRIPTJON OF OPERATIONS J LOCATIONS {VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS Telemetry and SCADA Integrat;on ....ontract #06-3916 "Annual Contract for Instrumentation, Controls, :>ervices" dditional Insured (General L iabil ity): Co 11 ;er County CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL m;~K""'AIL Collier County ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn Lyn Wood, C. P.M., Contract Specialist l@~NWOJ(xmoxX_J(oot)llUJ0(~JilJO.)(lO~~_XXXXX 3301 E Tam;am; Tra;l ~J(,"~)(OCQ~~J@lJli~iltl\lj@(iltIllJ(XXXXXXXXXX Naples, FL 34112 AUTHORIZED REPRESENTATIVE /.D" .~,,!._ Dennis Linder/PSB ACORD 25 (2001/08) @ACORD CORPORATION 1988 . IMPORTANT If the certificate holder IS an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) lOD . EXHIBIT A PUBLIC PAYMENT BOND Instrumentation, Controls, Telemetry & SCADA Integration Services Bond No. Contract No. 06-3916 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) 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 ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 255.0592. 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 day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -10- 100 . Signed, sealed and delivered in the presence of: PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,~ cl corporation, on behalf of the corporation. He/she is personally as identification and did (did 200_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page-11- lOU . As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200__, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -12- 100 . PUBLIC PERFORMANCE BOND Instrumentation, Controls, Telemetry & SCADA Integration Services Bond No. Contract No. 06-3916 WHEREAS, Principal has entered into a contract dated as of the _ day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- 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 Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , 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, State of Commission No.: Page -14- 100 . ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- 100 . EXHIBIT B CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 06-3916 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200 . You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly. the Contract Time is now L...J calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above. as fully as if the same were repeated in this acceptance. The adjustment. if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein. including claims for impact and delay costs. Accepted: ,200 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -16- lOLJ · EXHIBIT C Collier County Standard Fee Schedule RFP 06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Technician $71.00 per hour Programmer/lntegrator $112.00 per hour Mark-up for Parts 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page-17- ORIGINAL DOCUMENTS CHECKLIST & ROUTI~ ~D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENlIr<\j II 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 excention of the Chairman's siPllature, draw a line throucl routing lines #1 through #4, cOffiolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. (' 3. (\ f{\u 4. Colleen M. Greene Assistant County Attorney CM(;;' 02/06/06 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafIfor additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the item) Name of Primary Lyn M. Wood, C.P.M. Phone Number 732-2667 Staff Contact Agenda Date Item January 24, 2006 Agenda Item Number 10.n was Approved by the BCC Type of Document Contract #06-3916 "Annual Contract for Number of Original Five (5) Attached Instrumentation, Controls, Telemetry and Documents Attached SCADA Integration Services" Contract: Control Instruments, Inc. Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not aoorooriate. (Initial) Aoolicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 ordinauces, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and oossiblv State Officials.). 2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other oarties except the BCC Chainnan 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 aoolicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are recuired. 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 24. 2006 and all changes made CMG during the meeting have been incorporated in the attached document. The County Attornev's Office has reviewed the chanees, if applicable. INSTRUCTIONS & CHECKLIST 1: Forms! County Fonns/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 100 . ITEM NO.: DATE RECEIVED: FILE NO.: ot- PI< ~- 0/272- ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES d-\(olo~ n>f; ,cL~ \!' ,. "-> i crntJ If# r-'" ''1 "'" J c.v Date: February 2, 2006 From: Lyn M, Wood, C.P.M. Contract Specialist 732-2667 ~ "" .J::-- -&:-- -&:-- c ~; '--' . ~~.: :c-/-, ~c~ .b r-r- '--Ie ::::-r-r o jp;r ,..,~ /"'r, --< To: Robert Zachary Assistant County Attorney Re: Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractor: Control Instruments, Inc. BACKGROUND OF REQUEST: This contract was approved by the BCC on January 24, 2006; Agenda Item 10.D. 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. 10D . Memorandum DATE: February 2,2006 o~,yV DATE RECEIVED FEB - 2 2006 RISK t-lfi.NAGEMENT TO: Sheree Mediavilla, Risk Manager Risk Management Department FROM: Lyn M. Wood, C.P.M. Contract Specialist RE: Review ofInsurance for: Contract: #06-3916 "Annual Contract for Instrumentation, Control, Telemetry and SCADA Integration Services" Contractor: Control Instruments, Inc. This Contract was approved by the BCC on January 24, 2006; Agenda Item 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. If you have any questions, please contact me at ext. 2667. Cc: Dennis McGee, PUED "'O"~~~__,"~."~_,,_.,,,_<_" "_"._'_"_'~_'_' 10D Q MEMORANDUM DATE: February 8, 2006 TO: Lynn Wood, Contract Specialist Purchasing Department FROM: Ann Jennejohn, Deputy Clerk Minutes and Records Department RE: Contract #06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Contractor: Control Instruments, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #10D) approved by the Board of County Commissioners on Tuesday, January 24, 2006. The Finance Department and Minutes & Records Department have retained a copy. If you should have any questions, you may contact me at 774-8406. Thank you, Enclosures (3) 10D .. AGREEMENT THIS AGREEMENT is made and entered into this 24th day of January, 2006, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Control Instruments, Inc., authorized to do business in the State of Florida, whose business address is 5253 Oakdale Road, Smyrna, Georgia 30082 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on February 1, 2006 and terminating January 31, 2007, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three one (1) year renewals, renewable annually. The Purchasing/General Services Director or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The Purchasing/General Services Director or his designee shall give the Contractor written notice of the County's intention to renew 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 Board of County Commissioners deemed six (6) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for an Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 06-3916 and the Contractor's proposal, which is incorporated by reference and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one (1) or more of the selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order, signed by the Project Manager to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Fifty Thousand Dollars ($50,000), competitive quotes shall be solicited from at least one (1) of the selected firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. Approval by the Public Utilities Engineering Department Director is required at this level. For projects over Fifty Thousand Dollars ($50,000), competitive quotations shall be solicited from one (1) or more of the contracted firms. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney approval. Page-1- 100 · In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation in accordance with the rates set forth in Exhibit C, attached hereto and incorporated herein by reference. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Mark G. Healey, President Control Instruments, Inc. 5253 Oakdale Road Smyrna, Georgia 30082 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Telephone: 239-774-8407 Fax: 239-732-0844 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, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. 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. 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. Page -2- 100 . 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. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of 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 Liabilitv: 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' ComDensation: 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 Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 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 thirty (30) days prior to any expiration date. There shall be a thirty (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. Page -3- 100 . 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/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 the Contractor or anyone employed or utilized by the Contractor/ 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. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of fifty thousand dollars ($50,000) but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A", attached hereto and incorporated herein by reference. C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. The number of the Purchase Order by which authority services have been made, shall appear on all invoices. Invoices shall be submitted in duplicate. After review and approval, the invoice will be transmitted to the Finance Department for payment. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner 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 failed or reasonable evidence indicating probable fling 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) Page -4- 100 . 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. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, 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 supplies and contractors. B. 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. C. 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 his 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. 18. CHANGES IN THE WORK. 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 office, employee or agent of Owner is authorized to direct any extra or changed work orally. Page -5- 100 A Change Order in the form attached as Exhibit "B" 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. . 19.COMPLlANCE WITH LAWS. 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, workers' 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 Owner in writing. 20. CLEAN UP. 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. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any 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 final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. 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 Page -6- 100 responsibility therefore, pay all costs in connection therewith and furnish to the Owner 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 Owner. . 25. PROTECTION OF WORK. A. 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 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 monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. 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. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any 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 is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner 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. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a letter, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist 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 Page -7- 100 · portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. 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, Owner will make such inspection recommending that on the basis of his 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. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. 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. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner 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. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a letter to that effect. Contractor hereby expressly waives and relinquishes any right which it may have to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. 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. 29.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Engineering Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set Page -8- 100 · out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 06-3915, Annual Contract for Instrumentation, Controls, Telemetry & SCADA Integration Services, Exhibit A, Payment and Performance Bonds, Exhibit B, Change Order, Exhibit C, Collier County Standard Fee Schedule, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31. 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. 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. ATT~ST: Dwight E. Brock::Clerk of Courts 'BY~<.~~;~'G . Dat~.w.6il""f,:)~ .' (Seal) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~>~~~ - FRANK HALAS, , airman By: ,Tanice Weinstein Control Instruments, Inc. Contractor By: A\c~ ~':'-:1 Signature ,- '1ark G. Healev ~~C lJL~ . First Witness Type/Print Witness Name ~~Q U~ Second Witness Typed Signature Dresident Title Karron E. Sikes Type/Print Witness Name CORPORATE SEAL (Corporations Only) Approved as to form and legal sufficiency: rrD~-;ml& (;(h~ Page -9- Illlm# I.on Agenda I ~.;)4 .O~ Date Date Ol-l>- Olp Rec'd ( IJU AUL.atu ,0.( . ~ Assistant County Attorney 100 . EXHIBIT A PUBLIC PAYMENT BOND Instrumentation, Controls, Telemetry & SCADA Integration Services Bond No. Contract No. 06-3916 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) 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 ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to 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 fo rce. 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 255.0592. 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 day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -10- Signed, sealed and delivered in the presence of: laD . PRINCIPAL: By: Name: Its: Witnesses as to Principal The foregoing instrument was acknowledged before me this of ,0 cl corporation, on behalf of the corporation. He/she is personally as identification and did (did STATE OF COUNTY OF ,a known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety 200_, by _ (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page-11- 100 . Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -12- PUBLIC PERFORMANCE BOND 100 . Instrumentation, Controls, Telemetry & SCADA Integration Services Bond No. Contract No. 06-3916 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. 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 Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; 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, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- 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 Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 200___, by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page-14- ATTEST: SURETY: 10D . (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) STATE OF COUNTY OF (Telephone Number) The foregoing instrument was acknowledged before me this day of 200___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No: Page -15- EXHIBIT B CHANGE ORDER 10D . CHANGE ORDER NO. CONTRACT NO. 06-3916 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_, You hereby are authorized and directed to make the foilowing change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for compietion shail be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now ~ calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shail constitute a modification to our Agreement and wiil be performed subject to ail the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shail constitute a fuil and final settlement of any and ail claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200_ CONTRACTOR: OWNER: BOARD OF COUNlY COMMISSIONERS OF COLLIER COUNlY, FLORiDA By: By: DESIGN PROFESSIONAL: By: Page-16- 100 . EXHIBIT C Collier County Standard Fee Schedule RFP 06-3916 "Annual Contract for Instrumentation, Controls, Telemetry and SCADA Integration Services" Technician $71.00 per hour Prog rammer/I ntegrator $112.00 per hour Mark-up for Parts 15% This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. Page -17- INSURED Ralph Healey & Assoc Inc & Control Instruments Inc 5253 Oakdale Rd Smyrna, GA 30080 I INSURERS AFFORDING COVERAGE f INSURER A: Fidelity & Guaranty Ins CO INSURER B: St Paul Fire & Marine Ins Co DATE (MMIDDfYYYY) 10/13/2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. =iAIC# -~ LPHEA-01 · KID1 ACORDrn CERTIFICATE OF LIABILITY INSURANCE PRODUCER Yates Insurance Agency 4 Executive Park East, NE Suite 200 P. O. Drawer 95806 Atlanta, GA 30347 (404) 633-4321 i INSURER_.~ I INSURER D: i INSURER E- COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~~~~~~---- - ~~~-:------ --. -~-;;-------- -PO~i~~9~~~~71~-r--P6LT$J,~.~r,~~Tl9.N 1----- - - -- ---.--- LTR N PO I Y NUMBER OAT NY OAT DNY, LIMITS I ~NERAL LIABILITY I EACH OCCURRENCE $ 1,000,00 A , X ',~ :']MMERC;Al GENERAL LIABILITY BK01924773 10/17/2005 , 10/17/2006 I ~~~~~~SYE~~~~nCB\ $ 100,00 L CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,00 ! E- ~?NAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,001 i n'L AGG~mE LIMIT APnS PER PRODUCTS ~ COMP/OP AGG $ 2,000,001 i POLICY X ~~?T lOC I ~~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ F ANY AUTO {EaaccidBnt} I ALL OWNED AUTOS BODILY INJURY (Per person) $ .... . SCHEDULED AUTOS ., E -- HIRED AUTOS BODILY INJURY (Peraccidenl) $ I NON-OWNED AUTOS ~ PROPERTY DAMAGE $ (Peraccidenl} I RAGE L;AB'UTY I AUTO ONLY - EA ACCIDENT $ I ANY AUTO OTHER THAN EAACC $ I AUTO ONLY AGG $ I I EXCESS/UMBRELLA LIABILITY 10/17/2005 I 10/17/2006 EACH OCCURRENCE $ 5,000,OOc A P OCCUR o CLAIMS MADE BK01924773 ~~REGATE $ 5,000,OOc .. I $ ~ DEDUCTIBLE , $ I X RETENTION $ 10,000 $ I WORKERS COMPENSATION AND X I WC STATU, I 10TH, I-_.~ TORY L1MITS,_ ER . B EMPLOYERS' LiABILITY .BW01926076 10/17/2005 10/17/2006 E_L EACH ACCIDENT "___ t-'-- 1,000,001 ! ANY PROPRIETORtPARTNER/EXECUTIVE I 1,000,001 I OFFICER/MEMBER EXCLUDED? ~EASE - EA EMPLOYEE $ If yes, describe under 1,000,001 SPECIAL PROVISIONS below E,L DISEASE-POLlCYLlMIT $ I OTHER ! DESCRIPTION OF OPERATIONS {LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ob: Contract #06-3916 . Annual Contract of Instrumentation, Controls, Telemetry and SCADA Integration Services. Collier County Board of County Commissioners are added as additional insureds as respects to general liability coverage for the work performed by the named insured. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3301 E Tamiami Trail Purchasing Building Naples, FL 34112- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEDREPRESENTATlVE ~_ _~ 7/ ~ .-'-:,.-:o,<j.-L--- ~ /'7 ~'~---------' @ACORDCORPORATION1988 ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORO 25 (2001108) . 11-17-05 02:06PM FROM-F SCOTTY LEWIS 770-381-1717 CERTIFICATE OF INSURANCE T-28lPi:Yb F-835 . SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE rERMINArED WITHOUT GIVING 10 DAVS PRIOH WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO evENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE PATE WRllTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE TIiE COVERAGE PROVIDED BY ANY POLlCV DESCRIBED BELOW. This certifies that I8l STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, llfinois o STATE FARM FIRE AND CASUALTY COMPANY of Bloominglc.n, Illinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, or o STATE FARM INDEMNITY COMPANY of Bloomington, Illinois has CQVernge in force for the following Named Insured as shown below: NAMED INSUREO: RAL~H HEALEY AND ASSOCrATES DBA CONTROL INSTRUMENTS, INC. ADDRESS OF NAMED INSURED: p.o. BOX S3643, ATLANTA, GA 30377 POLICY NUMBER ~060409F0611D9ZZ EFFECTIVE DATE OF POLICY 12/06/1999 12/06/2006 DESCRIPTION OF VEHICLE (Inctu~ing V1N) i<'t,j;':l' LIABILITY COVERAGE [8] VES DNO DVES DNO DYES DNa DVES DNO LIMITS OF LIABILITY a. Bod~y Injury Each P"rson Each Accidenl b, Prop"rty Damag" Each Accident c, Bodily Injury S. Property Damage Single Limit Each Accidenl PHYSICAL DAMAGE [8] YES DNO DVES DNO DYES DNa DVES DNa COVERAGES a Comorehensive $100 De<:luctinl. $ Deduclible $ [)e,luctJnle $ Deductinl. ~VES DNa DVES DNO DVES DNa DVES DNO b,CoIIision $ 500 Ooductinl. $ Oedlldible $ De.fl.lctible $ Deductible 1OMPt.0YERSNON-OWNED I8l VES DNa DVES DNO DYES DNO DVES DNa CAR LIABIUlY COVERAGE HIREO CAR LIAIlILITY I8l VES DNO DYES DNa DVES DNa DVES DNO COVERAGE FLEET" COVERAGE FOR ALL OMIEO AND UCENSED ~VES DNO DVES DNO Dves DNa DVES DNO MOTOR VEHICLES s~reCJE:!J~~~ G;) AGENT Till" 1726 11/17/2005 Agent', COOn Nwnber Dare Name and Ad~ress of Certitfcale Holder Name and Address of Anent RALPH HEALEY ArlD ASSOCIATES,!NC CONTROL INSTRUMENTS, INC. P.o. BOX 93643 1-".0.1.- h,I<M F. scom LEV/IS, CLU AGENT ATLANTA, GA 30377 ~:e.;;'\ 1245 Pleasanl Hill Rd @Z@) Lawrenceville GA 30044 'If., <,l ~..l'icr (770) 381 -13011 ,-- INTERNAL STATE FARM USE ONLY, I:!;J Request permanont Cenm""lo .fll1Surance for li.bUIIy oo,,""'go, 122429.2 Rev. 06-10-2004 0 ~~uest Certificate Hokterto be added as an Actditional!nsureq. Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PlJ~o/~~ ~~ ~~ 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8097 · Fax (239) 774-3602 r1l cr f( . January 25, 2006 RECEIVED JAN 2 7 2006 Honorable Mike Davis Representative, District 212 Florida House of Representatives 3301 E. Tamiami Trail, Suite 105 Naples, Fla. 34112 Board of County Commissioners Re: SB 360 Growth Management Glitch Language EACH COMMa RECID COpy OF @)H FC J( Dear Rep. Davis: As promised, enclosed please fmd specific glitch language developed by county staff and approved unanimously by the Board of County Commissioners on January 24,2006 that addresses our concerns with the Growth Management Bill (Senate Bill 360) passed in the 2005 Legislative Session dealing with concurrency and proportionate share. We believe our amendments satisfy our issues in direct, concise and comprehensive language. In fact, we are confident our glitch language also addresses the concerns of other counties and we plan to share our glitch language with our neighbors as well as the Florida Association of Counties (F AC) because in our understanding, F AC does not plan on transmitting any specific glitch language to the Florida Legislature. We are comfortable knowing our language is good for all 67 counties in the State of Florida and not solely for Collier County. We understand the House has three committee bills going forth on growth management, one of which includes glitch amendments to SB 360. In the interest of the citizens of Collier County and throughout the state, we ask for your support in addressing growth responsibly and fairly for all. We are counting on your representation in Tallahassee. Your conSideration and cooperation are appreciated. Sincerely, dlw Attaclunents: CoIlier County Staff Revisions ofF.s. Section 163.3180 Glitch Language Executive Summary 01.24.06 C: Board of County Commissioners Florida Association of Counties J. Keith Arnold & Associates Leo E. Ochs, Jr., Deputy County Manager David Weigel, County Attorney Jeffrey Klatzkow, Assistant County Attorney Joseph Schmitt, Community Development and Environmental Services Administrator Norman Feder, Transportation Administrator Randall Cohen, Comprehensive Planning Director Don Scott, Transportation Planning Director Debbie Wight, Assistant to the County Manager Trisha McPherson, Executive Aide to Commissioner Halas Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PlJ~o/Yf~ Yf~ Yf~ 3301 East Tamiami Trail' Naples, Florida 34112 - 4977 (239) 774-8097' Fax (239) 774-3602 January 25, 2006 Honorable Trudi Williams Representative, District 75 Florida House of Representatives 5621 Banner Drive Fort Myers, Fl33912 Re: SB 360 Growth Management Glitch Language Dear Rep. Williams: As promised, enclosed please find specific glitch language developed by county staff and approved unanimously by the Board of County Commissioners on January 24,2006 that addresses our concerns with the Growth Management Bill (Senate Bill 360) passed in the 2005 Legislative Session dealing with concurrency and proportionate share. We believe our amendments satisfy our issues in direct, concise and comprehensive language. In fact, we are confident our glitch language also addresses the concerns of other counties and we plan to share our glitch language with our neighbors as well as the Florida Association of Counties (F AC) because in our understanding, FAC does not plan on transmitting any specific glitch language to the Florida Legislature. We are comfortable knowing our language is good for all 67 counties in the State of Florida and not solely for Collier County. We understand the House has three committee bills going forth on growth management, one of which includes glitch amendments to SB 360. In the interest of the citizens of Collier County and throughout the state, we ask for your support in addressing growth responsibly and fairly for all. We are counting on your representation in Tallahassee. Your consideration and cooperation are appreciated. smc~ /;2 c~~ ~~ Frank Halas, Chairman Board of County Commissioners dlw Attachments: Collier County Staff Revisions ofF.S. Section 163.3180 Glitch Language Executive Summary 01.24.06 C: Board of County Commissioners Florida Association of Counties J. Keith Arnold & Associates Leo E. Ochs, Jr., Deputy County Manager David Weigel, County Attorney Jeffrey Klatzkow, Assistant County Attorney Joseph Schmitt, Community Development and Environmental Services Administrator Norman Feder, Transportation Administrator Randall Cohen, Comprehensive Planning Director Don Scott, Transportation Planning Director Debbie Wight, Assistant to the County Manager Trisha McPherson, Executive Aide to Commissioner Halas Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PlJ~o/~~ ~oanIjj ~~ 3301 EastTamiami Trail- Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 January 25, 2006 Honorable Denise Grimsley Representative, District 77 Florida House of Representatives 205 S. Commerce Ave., Suite B Sebring, FI 33870-3604 Re: SB 360 Growth Management Glitch Language Dear Rep. Grimsley: As promised, enclosed please find specific glitch language developed by county staff and approved unanimously by the Board of County Commissioners on January 24,2006 that addresses our concerns with the Growth Management Bill (Senate Bill 360) passed in the 2005 Legislative Session dealing with concurrency and proportionate share. We believe our amendments satisfy our issues in direct, concise and comprehensive language. In fact, we are confident our glitch language also addresses the concerns of other counties and we plan to share our glitch language with our neighbors as well as the Florida Association of Counties (FA C) because in our understanding, F AC does not plan ()n transmitting any specific glitch language to the Florida Legislature. We are comfortable knowing our language is good for all 67 counties in the State of Florida and not solely for Collier County. We understand the House has three committee bills going forth on growth management, one of which includes glitch amendments to SB 360. In the interest of the citizens of Collier County and throughout the state, we ask for your support in addressing growth responsibly and fairly for all. We are counting on your representation in Tallahassee. Your consideration and cooperation are appreciated. s& y ~~ Frank Halas, Chairman Board of County Commissioners dlw Attachments: Collier County Staff Revisions ofF.S. Section 163.3180 Glitch Language Executive Summary 01.24.06 C: Board of County Commissioners Florida Association of Counties 1. Keith Arnold & Associates Leo E. Ochs, Jr., Deputy County Manager David Weigel, County Attorney Jeffrey Klatzkow, Assistant County Attorney Joseph Schmitt, Community Development and Environmental Services Administrator Norman Feder, Transportation Administrator Randall Cohen, Comprehensive Planning Director Don Scott, Transportation Planning Director Debbie Wight, Assistant to the County Manager Trisha McPherson, Executive Aide to Commissioner Halas Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Colella District 5 PlJoanI o/rv;~ rv;own'1! rv;~ 3301 East Tamiami Trail' Naples, Florida 34112 - 4977 (239) 774-8097' Fax (239) 774-3602 Januar:y 25, 2006 Honorable J. Dudley Goodlette Representative, District 76 Florida House of Representatives 3301 E. Tamiami Trai1~ Suite 203 NapIeS,.FJa.34112 Re: SB 360 Growth Management Glitch Lang,uag~ Dear Rep_ Goodlette: As promised, enclosed please find specific glitch language developed by county staff and approved unanimously bY' the Board .of CountyCom.mission~rs :Ql1January Z4,2.oQ6-tha,t~I,f:i9r~!l~~ Our(9)1Qerns with the 'Growth Management Bill (Senate Bill 360) p~sed in the 200S Legislative Session dealing with c.oncurrencyand proportionate share. We believe our amendments satisfy our issues in direct, concise and comprehensive language. In fact, we are confident om glitch language also addresses theconcemsofother counties and we plan to share our glitch language with our neighbors. as well as the Florida Association of Counties (FAC) because in our understanding, F AC does not plan on transmitting any specific glitch language to the Florida Legislature. We are comfortable knowing our language is good for all 67 counties in the State of Florida and not solely for Collier County. We understand the House has three committee bills going forth on growth management, one of which includes glitch amendments to SB 360. In the interest of the citizens of Collier County and throughout the state, we ask for your support in addressing growth responsibly and fairly for all. We are counting on your representation in Tallahassee. Your consideration and cooperation are appreciated. Sin~e~ ~.-:::- .~ Frank Halas, Chairman Board of County Commissioners dlw Attachments: Collier County Staff Revisions ofF.s. Section 163.3180 Glitch Language Executive Summary OJ 24.06 C: Board of County Commissioners Florida Association of Counties J. Keith Arnold & Associates Leo E. Ochs, Jr., Deputy County Manager David Weigel, County Attorney Jeffrey KIatzkow, Assistant County Attorney Joseph Schmitt, Community Development and Environmental SerVices Administrator Norman Feder, Transportation Administrator Randall Cohen, Comprehensive Planning Director Don Scott, Transportation Planning Director Debbie Wight,. Assistant to the County Manager Trisha McPherson, Executive Aide to Commissioner Halas Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PlJowd o/~~ ~own/jj ~~ 3301 East Tamiami Trail' Naples. Florida 34112 - 49n (239) n4-8097' Fax (239) n4-3602 January 25, 2006 Honorable Burt L. Saunders Senator, 37th District Florida Senate 3301 E. Tamiami Trail, Suite 310 Naples, Fla. 34112 Re: SB 360 Growth Management Glitch Language Dear Sen. Saunders: As promised, enclosed please find specific glitch language developed by county staff and approved unanimously by the Board of County Commissioners on January 24, 2006 that addresses our concerns with the Growth Management Bill (Senate Bill 360) passed in the 2005 Legislative Session dealing with concurrency and proportionate share. We believe our amendments satisfY our issues in direct, concise and comprehensive language. In fact, we are confident our glitch language also addresses the concerns of other counties and we plan to share our glitch language with our neighbors as well as the Florida Association of Counties (pAC) because in our understanding, F AC does not plan on transmitting any specific glitch language to the Florida Legislature. We are comfortable knowing our language is good for all 67 counties in the State of Florida and not solely for Collier County. We understand the House has three committee bills going forth on growth management, one of which includes glitch amendments to SB 360. In the interest of the citizens of Collier County and throughout the state, we ask for your support in addressing growth responsibly and fairly for all. We are counting on your representation in Tallahassee. Your consideration and cooperation are appreciated. Sincerely, ~~~~ Frank Halas, Chairman Board of County Commissioners dlw Attachments: Collier County Staff Revisions ofF.s. Section 163.3180 Glitch Language Executive Summary 01.24.06 C: Board of County Commissioners Florida Association of Counties J. Keith Arnold & Associates Leo E. Ochs, Jr., Deputy County Manager David Weigel. County Attorney Jeffrey KIatzkow, Assistant County Attorney Joseph Schmitt, Community Development and Environmental Services Administrator Norman Feder, Transportation Administrator Randall Cohen, Comprehensive Planning Director Don Scott, Transportation Planning Director Debbie Wight, Assistant to the County Manager Trisha McPherson, Executive Aide to Commissioner Halas Donna Fiala District 1 Frank Halas District 2 Tom Herining District 3 Fred W. Coyle District 4 Jim Coletta District 5 PlJoani o/W~ Wowdjj W~ 3301 EastTamiamiTrail-Naples, Florida 34112-4977 (239) 774-8097 - Fax (239) 774-3602 January 25,2006 Honorable Larcenia Bullard Senator, 39th District Florida Senate 8603 S. Dixie Highway, Suite 304 Miami, Fl33143 Re: SB 360 Growth Management Glitch Language Dear Sen. Bullard: As promised, enclosed please find specific glitch language developed by county staff and approved unanimously by the Board of County Commissioners on January 24, 2006 that addresses our concerns with the Growth Management Bill (Senate Bill 360) passed in the 2005 Legislative Session dealing with concurrency and proportionate share. We believe our amendments satisfY our issues in direct, concise and comprehensive language. In fact, we are confident our glitch language also addresses the concerns of other counties and we plan to share our glitch language with our neighbors as well as the Florida Association of Counties (FA C) because in our understanding, F AC does not plan on transmitting any specific glitch language to the Florida Legislature. We are comfortable knowing our language is good for all 67 counties in the State of Florida and not solely for Collier County. We understand the House has three committee bills going forth on growth management, one of which includes glitch amendments to SB 360. In the interest of the citizens of Collier County and throughout the state, we ask for your support in addressing growth responsibly and fairly for all. We are counting on your representation in Tallahassee. Your consideration and cooperation are appreciated. Sincerely, 7~~ Frank Halas, Chairman Board of County Commissioners dlw Attachments: Collier County Staff Revisions ofF.8. Section 163.3180 Glitch Language Executive Summary 01.24.06 C: Board of County Commissioners Florida Association of Counties J. Keith Arnold & Associates Leo E. Ochs, Jr., Deputy County Manager David Weigel, cOunty Attorney Jeffrey Klatzkow, Assistant County Attorney Joseph Schmitt, Community Development and Environmental Services Administrator Norman Feder, Transportation Administrator Randall Cohen, Comprehensive Planning Director Don Scott, Transportation Planning Director Debbie Wight, Assistant to the County Manager Trisha McPherson, Executive Aide to Commissioner Halas Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 PlJowd o/~~ ~owdjj ~~ 3301 East Tamiamj Trail- Naples, Florida 34112 - 4977 (239) 774-8097 - Fax (239) 774-3602 January 25, 2006 Honorable David Rivera Representative, District 112 Florida House of Representatives 3301 E. Tamiami Trail, Suite 305 Naples, Fla. 34112 Re: SB 360 Growth Management Glitch Language Dear Rep. Rivera: As promised, enclosed please find specific glitch language developed by county staff and approved unanimously by the Board of County Commissioners on January 24, 2006 that addresses our concerns with the Growth Management Bill (Senate Bill 360) passed in the 2005 Legislative Session dealing with concurrency and proportionate share. We believe our amendments satisfy our issues in direct, concise and comprehensive language. In fact, we are confident our glitch language also addresses the concerns of other counties and we plan to share our glitch language with our neighbors as well as the Florida Association of Counties (F AC) because in our understanding, F AC does not plan on transmitting any specific glitch language to the Florida Legislature. We are comfortable knowing our language is good for all 67 counties in the State of Florida and not solely for Collier County. We understand the House has three committee bills going forth on growth management, one of which includes glitch amendments to SB 360. In the interest of the citizens of Collier County and throughout the state, we ask for your support in addressing growth responsibly and fairly for all. We are counting on your representation in Tallahassee. Your consideration and cooperation are appreciated. smc~re~~. ./7 / . ~~ Frank Halas, Chairman Board of County Commissioners dlw Attachments: Collier County Staff Revisions ofF.s. Section 163.3180 Glitch Language Executive Summary 01.24.06 C: Board of County Commissioners Florida Association of Counties J. Keith Arnold & Associates Leo E. Ochs, Jr., Deputy County Manager David Weigel, County Attorney Jeffrey Klatzkow, Assistant County Attomey Joseph Schmitt, Community Development and Environmental Services Administrator Norman Feder, Transportation Administrator Randall Cohen, Comprehensive Planning Director Don Scott, Transportation Planning Director Debbie Wight, Assistant to the County Manager Trisha McPherson, Executive Aide to Commissioner Halas .t~ lOG Item 10G Collier County staff revisions of F.S. Section 163.3180 (Concurrency) 163.3180 CODcurrency.-- (l)(a) Sanitary sewer, solid waste, drainage, potable water, parks and recreation, schools, and transportation facilities, including mass transit, where applicable, are the only public facilities and services subject to the concurrency requirement on a statewide basis. Additional public facilities and services may not be made subject to concurrency on a statewide basis without appropriate study and approval by the Legislature; however, any local government may extend the concurrency requirement so that it applies to additional public facilities within its jurisdiction. (b) Local governments shall use professionally accepted techniques for measuring level of service for automobiles, bicycles, pedestrians, transit, and trucks. These techniques may be used to evaluate increased accessibility by multiple modes and reductions in vehicle miles of travel in an area or zone. The Department of Transportation shall develop methodologies to assist local governments in implementing this multimodallevel-of-service analysis. The Department of Community Affairs and the Department of Transportation shall provide technical assistance to local governments in applying these methodologies. (2)(a) Consistent with public health and safety, sanitary sewer, solid waste, drainage, adequate water supplies, and potable water facilities shall be in place and available to serve new development no later than the issuance by the local government of a certificate of occupancy or its functional equivalent. Prior to approval of a building permit or its functional equivalent, the local government shall consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent. (b) Consistent with the public welfare, and except as otherwise provided in this section, parks and recreation facilities to serve new development shall be in place or under actual construction no later than 1 year after issuance by the local government of a certificate of occupancy or its functional equivalent. However, the acreage for such facilities shall be dedicated or be acquired by the local government prior to issuance by the local government of a certificate of occupancy or its functional equivalent, or funds in the amount of the developer's fair share shall be committed no later than the local government's approval to commence construction. (c) Consistent with the public welfare, and except as otherwise provided in this section, transportation facilities needed to serve new development shall be in place or under actual construction within 3 years after the local government approves a building permit or its functional equivalent that results in traffic generation. Nothing is this section shall prohibit a local government from adopting stricter concurrency requirements. including real-time concurrency. wherein a local government need not issue a building permit or its functional equivalent under any circumstances that results in traffic generation until adequate transportation facilities are in place. (3) Governmental entities that are not responsible for providing, financing, operating, or regulating public facilities needed to serve development may not establish binding level-of-service standards on governmental entities that do bear those responsibilities. This subsection does not limit the authority of any agency to recommend or make objections, recommendations, comments, or determinations during reviews conducted under s. 163.3184. (4)(a) The concurrency requirement as implemented in local comprehensive plans applies to state and other public facilities and development to the same extent that it applies to all other facilities and development, as provided by law. lOG (b) The concurrency requirement as implemented in local comprehensive plans does not apply to public transit facilities. For the purposes of this paragraph, public transit facilities include transit stations and terminals, transit station parking, park-and-ride lots, intermodal public transit connection or transfer facilities, and fixed bus, guideway, and rail stations. As used in this paragraph, the terms "terminals" and "transit facilities" do not include airports or seaports or commercial or residential development constructed in conjunction with a public transit facility. (c) The concurrency requirement, except as it relates to transportation facilities and public schools, as implemented in local government comprehensive plans, may be waived by a local government for urban infill and redevelopment areas designated pursuant to s. 163.2517 if such a waiver does not endanger public health or safety as defined by the local government in its local government comprehensive plan. The waiver shall be adopted as a plan amendment pursuant to the process set forth in s. 163.3187(3)(a). A local government may grant a concurrency exception pursuant to subsection (5) for transportation facilities located within these urban infill and redevelopment areas. (5)(a) The Legislature finds that under limited circumstances dealing with transportation facilities, countervailing planning and public policy goals may come into conflict with the requirement that adequate public facilities and services be available concurrent with the impacts of such development. The Legislature further finds that often the unintended result of the concurrency requirement for transportation facilities is the discouragement of urban infill development and redevelopment. Such unintended results directly conflict with the goals and policies of the state comprehensive plan and the intent ofthis part. Therefore, exceptions from the concurrency requirement for transportation facilities may be granted as provided by this subsection. (b) A local government may grant an exception from the concurrency requirement for transportation facilities if the proposed development is otherwise consistent with the adopted local government comprehensive plan and is a project that promotes public transportation or is located within an area designated in the comprehensive plan for: 1. Urban infill development, 2. Urban redevelopment:, 3. Downtown revitalization, or 4. Urban infill and redevelopment under s. 163.2517. (c) The Legislature also finds that developments located within urban infill, urban redevelopment, existing urban service, or downtown revitalization areas or areas designated as urban infill and redevelopment areas under s. 163.2517 which pose only special part-time demands on the transportation system should be excepted from the concurrency requirement for transportation facilities. A special part-time demand is one that does not have more than 200 scheduled events during any calendar year and does not affect the 100 highest traffic volume hours. (d) If a local government grants an exception from its concurrency management system pursuant to section 163.3180(5)(b) after Julv L 2006. then a A local government shall establish guidelines in the comprehensive plan for granting the exceptions authorized in paragraphs (b) and (c) and subsections (7) and (15) which must be consistent with and support a comprehensive strategy adopted in the plan to promote the purpose of the exceptions. (e) If a local government grants an exception from its concurrency management system pursuant to section 163 .3180( 5)(b) after Julv 1. 2006. then t+he local government shall adopt into the plan and implement strategies to support and fund mobility within the designated exception area, including alternative modes of transportation, The plan amendment shall also demonstrate how strategies will support the purpose of the lOG exception and how mobility within the designated exception area will be provided. In addition, the strategies must address urban design; appropriate land use mixes, including intensity and density; and network connectivity plans needed to promote urban infill, redevelopment, or downtown revitalization. The comprehensive plan amendment designating the concurrency exception area shall be accompanied by data and analysis justifying the size of the area. (f) Prior to the designation of a concurrency exception area, the Department of Transportation shall be consulted by the local government to assess the impact that the proposed exception area is expected to have on the adopted level-of-service standards established for Strategic Intermodal System facilities, as defmed in s. 339.64, and roadway facilities funded in accordance with s. 339.2819. Further, the local government shall, in cooperation with the Department of Transportation, develop a plan to mitigate any impacts to the Strategic Intermodal System, including, if appropriate, the development of a long-term concurrency management system pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions may be available only within the specific geographic area of the jurisdiction designated in the plan. Pursuant to s. 163.3184, any affected person may challenge a plan amendment establishing these guidelines and the areas within which an exception could be granted. (g) Transportation concurrency exception areas existing prior to July 1, 2005, shall meet, at a minimum, the provisions ofthis section by July 1,2006, or at the time of the comprehensive plan update pursuant to the evaluation and appraisal report, whichever occurs last. (6) The Legislature finds that a de minimis impact is consistent with this part. A de minimis impact is an impact that would not affect more than I percent of the maximum volume at the adopted level of service of the affected transportation facility as determined by the local government. No impact will be de minimis if the sum of existing roadway volumes and the projected volumes from approved projects on a transportation facility would exceed 110 percent of the maximum volume at the adopted level of service of the affected transportation facility; provided however, that an impact of a single family home on an existing lot will constitute a de minimis impact on all roadways regardless of the level of the deficiency of the roadway. Further, no impact will be de minimis if it would exceed the adopted level-of-service standard of any affected designated hurricane evacuation routes. Each local government shall maintain sufficient records to ensure that the llO-percent criterion is not exceeded. Each local government shall submit annually, with its updated capital improvements element, a summary of the de minimis records. If the state land planning agency determines that the 110-percent criterion has been exceeded, the state land planning agency shall notify the local government of the exceedance and that no further de minimis exceptions for the applicable roadway may be granted until such time as the volume is reduced below the 110 percent. The local government shall provide proof of this reduction to the state land planning agency before issuing further de minimis exceptions. (7) In order to promote infill development and redevelopment, one or more transportation concurrency management areas may be designated in a local government comprehensive plan. A transportation concurrency management area must be a compact geographic area with an existing network of roads where multiple, viable alternative travel paths or modes are available for common trips. A local government may establish an areawide level-of-service standard for such a transportation concurrency management area based upon an analysis that provides for a justification for the areawide level of service, how urban infill development or redevelopment will be promoted, and how mobility will be accomplished within the transportation concurrency management area. Prior to the designation of a concurrency management area, the Department of Transportation shall be consulted by the local government to assess the impact that the proposed concurrency management area is expected to have on the adopted level-of-service standards established for Strategic Intermodal System facilities, as defined in s. 339.64, and roadway facilities funded in accordance with s. 339.2819. Further, the local government shall, in cooperation with the Department of Transportation, develop a plan to mitigate any impacts to the Strategic Intermodal System, including, if appropriate, the development of a long-term concurrency management system pursuant to subsection (9) and s. 163.3177(3)( d). Transportation concurrency management areas existing prior to July 1, 2005, shall meet, at a minimum, the provisions of this section by July 1,2006, or at the time of the comprehensive plan lOG update pursuant to the evaluation and appraisal report, whichever occurs last. The state land planning agency shall amend chapter 9J-5, Florida Administrative Code, to be consistent with this subsection. (8) When assessing the transportation impacts of proposed urban redevelopment within an established existing urban service area, 110 percent of the actual transportation impact caused by the previously existing development must be reserved for the redevelopment, even if the previously existing development has a lesser or nonexisting impact pursuant to the calculations of the local government. Redevelopment requiring less than 110 percent of the previously existing capacity shall not be prohibited due to the reduction of transportation levels of service below the adopted standards. This does not preclude the appropriate assessment of fees or accounting for the impacts within the concurrency management system and capital improvements program of the affected local government. This paragraph does not affect local government requirements for appropriate development permits. (9)(a) Each local government may adopt as a part of its plan, long-term transportation and school concurrency management systems with a planning period of up to 10 years for specially designated districts or areas where significant backlogs exist. The plan may include interim level-of-service standards on certain facilities and shall rely on the local government's schedule of capital improvements for up to 10 years as a basis for issuing development orders that authorize commencement of construction in these designated districts or areas. The concurrency management system must be designed to correct existing deficiencies and set priorities for addressing backlogged facilities. The concurrency management system must be financially feasible and consistent with other portions of the adopted local plan, including the future land use map. (b) If a local government has a transportation or school facility backlog for existing development which cannot be adequately addressed in a 10-year plan, the state land planning agency may allow it to develop a plan and long-term schedule of capital improvements covering up to 15 years for good and sufficient cause, based on a general comparison between that local government and all other similarly situated local jurisdictions, using the following factors: 1. The extent of the backlog. 2. For roads, whether the backlog is on local or state roads. 3. The cost of eliminating the backlog. 4. The local government's tax and other revenue-raising efforts. (c) The local government may issue approvals to commence construction notwithstanding this section, consistent with and in areas that are subject to a long-term concurrency management system. (d) If the local government adopts a long-term concurrency management system, it must evaluate the system periodically. At a minimum, the local government must assess its progress toward improving levels of service within the long-term concurrency management district or area in the evaluation and appraisal report and determine any changes that are necessary to accelerate progress in meeting acceptable levels of service. (10) With regard to roadway facilities on the Strategic Intermodal System designated in accordance with ss. 339.61, 339.62, 339.63, and 339.64, the Florida Intrastate Highway System as defined in s. 338.001, and roadway facilities funded in accordance with s. 339.2819, local governments shall adopt the level-of- service standard established by the Department of Transportation by rule. For all other roads on the State Highway System, local governments shall establish an adequate level-of-service standard that need not be consistent with any level-of-service standard established by the Department of Transportation. In establishing adequate level-of-service standards for any arterial roads, or collector roads as appropriate, which traverse multiple jurisdictions, local governments shall consider compatibility with the roadway lOG facility's adopted level-of-service standards in adjacent jurisdictions. Each local government within a county shall use a professionally accepted methodology for measuring impacts on transportation facilities for the purposes of implementing its concurrency management system. Counties are encouraged to coordinate with adjacent counties, and local governments within a county are encouraged to coordinate, for the purpose of using common methodologies for measuring impacts on transportation facilities for the purpose of implementing their concurrency management systems. (11) In order to limit the liability oflocal governments, a local government may allow a landowner to proceed with development of a specific parcel of land notwithstanding a failure of the development to satisfy transportation concurrency, when all the following factors are shown to exist: (a) The local government with jurisdiction over the property has adopted a local comprehensive plan that is in compliance. (b) The proposed development would be consistent with the future land use designation for the specific property and with pertinent portions of the adopted local plan, as determined by the local government. (c) The local plan includes a fmancially feasible capital improvements element that provides for transportation facilities adequate to serve the proposed development, and the local government has not implemented that element. (d) The local government has provided a means by which the landowner will be assessed a fair share of the cost of providing the transportation facilities necessary to serve the proposed development. (e) The landowner has made a binding commitment to the local government to pay the fair share of the cost of providing the transportation facilities to serve the proposed development. (12) When authorized by a local comprehensive plan, a multiuse development of regional impact may satisfy the transportation concurrency requirements ofthe local comprehensive plan, the local government's concurrency management system, and s. 380.06 by payment of a proportionate-share contribution for local and regionally significant traffic impacts, if: (a) The development of regional impact meets or exceeds the guidelines and standards of s. 380.0651(3)(i) and rule 28-24.032(2), Florida Administrative Code, and includes a residential component that contains at least 100 residential dwelling units or 15 percent of the applicable residential guideline and standard, whichever is greater; (b) The development of regional impact contains an integrated mix of land uses and is designed to encourage pedestrian or other nonautomotive modes of transportation; (c) The proportionate-share contribution for local and regionally significant traffic impacts is sufficient to pay for one or more required improvements that will benefit a regionally significant transportation facility; (d) The owner and developer of the development of regional impact pays or assures payment of the proportionate-share contribution; and (e) If the regionally significant transportation facility to be constructed or improved is under the maintenance authority of a governmental entity, as defined by s. 334.03(12), other than the local government with jurisdiction over the development of regional impact, the developer is required to enter into a binding and legally enforceable commitment to transfer funds to the governmental entity having maintenance authority or to otherwise assure construction or improvement of the facility. The proportionate-share contribution may be applied to any transportation facility to satisfy the provisions lOG ofthis subsection and the local comprehensive plan, but, for the purposes of this subsection, the amount of the proportionate-share contribution shall be calculated based upon the cumulative number of trips from the proposed development expected to reach roadways during the peak hour from the complete buildout of a stage or phase being approved, divided by the change in the peak hour maximum service volume of roadways resulting from construction of an improvement necessary to maintain the adopted level of service, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted level of service. For purposes of this subsection, "construction cost" includes all associated costs of the improvement. (13) School concurrency shall be established on a districtwide basis and shall include all public schools in the district and all portions of the district, whether located in a municipality or an unincorporated area unless exempt from the public school facilities element pursuant to s. 163.3177(12). The application of school concurrency to development shall be based upon the adopted comprehensive plan, as amended. All local governments within a county, except as provided in paragraph (t), shall adopt and transmit to the state land planning agency the necessary plan amendments, along with the interlocal agreement, for a compliance review pursuant to s. 163.3184(7) and (8). The minimum requirements for school concurrency are the following: (a) Public schoolfacilities element.--A local government shall adopt and transmit to the state land planning agency a plan or plan amendment which includes a public school facilities element which is consistent with the requirements ofs. 163.3177(12) and which is determined to be in compliance as defmed in s. 163.3 I 84(1)(b). All local government public school facilities plan elements within a county must be consistent with each other as well as the requirements of this part. (b) Level-of-service standards. --The Legislature recognizes that an essential requirement for a concurrency management system is the level of service at which a public facility is expected to operate. I. Local governments and school boards imposing school concurrency shall exercise authority in conjunction with each other to establish jointly adequate level-of-service standards, as defined in chapter 91-5, Florida Administrative Code, necessary to implement the adopted local government comprehensive plan, based on data and analysis. 2. Public schoollevel-of-service standards shall be included and adopted into the capital improvements element of the local comprehensive plan and shall apply districtwide to all schools of the same type. Types of schools may include elementary, middle, and high schools as well as special purpose facilities such as magnet schools. 3. Local governments and school boards shall have the option to utilize tiered level-of-service standards to allow time to achieve an adequate and desirable level of service as circumstances warrant. (c) Service areas. --The Legislature recognizes that an essential requirement for a concurrency system is a designation of the area within which the level of service will be measured when an application for a residential development permit is reviewed for school concurrency purposes. This delineation is also important for purposes of determining whether the local government has a financially feasible public school capital facilities program that will provide schools which will achieve and maintain the adopted level-of-service standards. 1. In order to balance competing interests, preserve the constitutional concept of uniformity, and avoid disruption of existing educational and growth management processes, local governments are encouraged to initially apply school concurrency to development only on a districtwide basis so that a concurrency determination for a specific development will be based upon the availability of school capacity districtwide. To ensure that development is coordinated with schools having available capacity, within 5 years after adoption of school concurrency, local governments shall apply school concurrency on a less than lOG districtwide basis, such as using school attendance zones or concurrency service areas, as provided in subparagraph 2. 2. For local governments applying school concurrency on a less than districtwide basis, such as utilizing school attendance zones or larger school concurrency service areas, local governments and school boards shall have the burden to demonstrate that the utilization of school capacity is maximized to the greatest extent possible in the comprehensive plan and amendment, taking into account transportation costs and court-approved desegregation plans, as well as other factors. In addition, in order to achieve concurrency within the service area boundaries selected by local governments and school boards, the service area boundaries, together with the standards for establishing those boundaries, shall be identified and included as supporting data and analysis for the comprehensive plan. 3. Where school capacity is available on a districtwide basis but school concurrency is applied on a less than districtwide basis in the form of concurrency service areas, if the adopted level-of-service standard cannot be met in a particular service area as applied to an application for a development permit and if the needed capacity for the particular service area is available in one or more contiguous service areas, as adopted by the local government, then the local government may not deny an application for site plan or fmal subdivision approval or the functional equivalent for a development or phase of a development on the basis of school concurrency, and if issued, development impacts shall be shifted to contiguous service areas with schools having available capacity. (d) Financialfeasibility.--The Legislature recognizes that financial feasibility is an important issue because the premise of concurrency is that the public facilities will be provided in order to achieve and maintain the adopted level-of-service standard. This part and chapter 9J-5, Florida Administrative Code, contain specific standards to determine the financial feasibility of capital programs. These standards were adopted to make concurrency more predictable and local governments more accountable. 1. A comprehensive plan amendment seeking to impose school concurrency shall contain appropriate amendments to the capital improvements element of the comprehensive plan, consistent with the requirements ofs. 163.3177(3) and rule 9J-5.016, Florida Administrative Code. The capital improvements element shall set forth a financially feasible public school capital facilities program, established in conjunction with the school board, that demonstrates that the adopted level-of-service standards will be achieved and maintained. 2. Such amendments shall demonstrate that the public school capital facilities program meets all ofthe financial feasibility standards ofthis part and chapter 9J-5, Florida Administrative Code, that apply to capital programs which provide the basis for mandatory concurrency on other public facilities and services. 3. When the fmancial feasibility of a public school capital facilities program is evaluated by the state land planning agency for purposes of a compliance determination, the evaluation shall be based upon the service areas selected by the local governments and school board. (e) Availability standard--Consistent with the public welfare, a local government may not deny an application for site plan, fmal subdivision approval, or the functional equivalent for a development or phase of a development authorizing residential development for failure to achieve and maintain the level-of- service standard for public school capacity in a local school concurrency management system where adequate school facilities will be in place or under actual construction within 3 years after the issuance of final subdivision or site plan approval, or the functional equivalent. School concurrency shall be satisfied if the developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created by actual development of the property, including, but not limited to, the options described in subparagraph 1. Options for proportionate-share mitigation of impacts on public school facilities shall be established in the public school facilities element and the interlocal agreement pursuant to s. 163.31777. lOG I. Appropriate mitigation options include the contribution of land; the construction, expansion, or payment for land acquisition or construction of a public school facility; or the creation of mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits. Such options must include execution by the applicant and the local government of a binding development agreement that constitutes a legally binding commitment to pay proportionate-share mitigation for the additional residential units approved by the local government in a development order and actually developed on the property, taking into account residential density allowed on the property prior to the plan amendment that increased overall residential density. The district school board shall be a party to such an agreement. As a condition of its entry into such a development agreement, the local government may require the landowner to agree to continuing renewal of the agreement upon its expiration. 2. If the education facilities plan and the public educational facilities element authorize a contribution of land; the construction, expansion, or payment for land acquisition; or the construction or expansion of a public school facility, or a portion thereof, as proportionate-share mitigation, the local government shall credit such a contribution, construction, expansion, or payment toward any other impact fee or exaction imposed by local ordinance for the same need, on a dollar-for-dollar basis at fair market value. 3. Any proportionate-share mitigation must be directed by the school board toward a school capacity improvement identified in a financially feasible 5-year district work plan and which satisfies the demands created by that development in accordance with a binding developer's agreement. 4. This paragraph does not limit the authority of a local government to deny a development permit or its functional equivalent pursuant to its home rule regulatory powers, except as provided in this part. (t) Intergovernmental coordination.-- I. When establishing concurrency requirements for public schools, a local government shall satisfy the requirements for intergovernmental coordination set forth in s. 163 .3177( 6)(h) 1. and 2., except that a municipality is not required to be a signatory to the interIocal agreement required by ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for imposition of school concurrency, and as a nonsignatory, shall not participate in the adopted local school concurrency system, if the municipality meets all of the following criteria for having no significant impact on school attendance: a. The municipality has issued development orders for fewer than 50 residential dwelling units during the preceding 5 years, or the municipality has generated fewer than 25 additional public school students during the preceding 5 years. b. The municipality has not annexed new land during the preceding 5 years in land use categories which permit residential uses that will affect school attendance rates. c. The municipality has no public schools located within its boundaries. d. At least 80 percent of the developable land within the boundaries of the municipality has been built upon. 2. A municipality which qualifies as having no significant impact on school attendance pursuant to the criteria of subparagraph 1. must review and determine at the time of its evaluation and appraisal report pursuant to s. 163.3191 whether it continues to meet the criteria pursuant to s. 163.31777(6). Ifthe municipality determines that it no longer meets the criteria, it must adopt appropriate school concurrency goals, objectives, and policies in its plan amendments based on the evaluation and appraisal report, and enter into the existing interIocal agreement required by ss. 163.3 1 77(6)(h)2. and 163.31777, in order to fully participate in the school concurrency system. If such a municipality fails to do so, it will be subject to the enforcement provisions of s. 163.3191. lOG (g) Interlocal agreement for school concurrency. --When establishing concurrency requirements for public schools, a local government must enter into an interlocal agreement that satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and 163.31777 and the requirements of this subsection. The interlocal agreement shall acknowledge both the school board's constitutional and statutory obligations to provide a uniform system of free public schools on a countywide basis, and the land use authority of local governments, including their authority to approve or deny comprehensive plan amendments and development orders. The interlocal agreement shall be submitted to the state land planning agency by the local government as a part of the compliance review, along with the other necessary amendments to the comprehensive plan required by this part. In addition to the requirements ofss. 163.3177(6)(h) and 163.31777, the interlocal agreement shall meet the following requirements: I. Establish the mechanisms for coordinating the development, adoption, and amendment of each local government's public school facilities element with each other and the plans of the school board to ensure a uniform districtwide school concurrency system. 2. Establish a process for the development of siting criteria which encourages the location of public schools proximate to urban residential areas to the extent possible and seeks to collocate schools with other public facilities such as parks, libraries, and community centers to the extent possible. 3. Specify uniform, districtwide level-of-service standards for public schools of the same type and the process for modifying the adopted level-of-service standards. 4. Establish a process for the preparation, amendment, andjoint approval by each local government and the school board of a public school capital facilities program which is financially feasible, and a process and schedule for incorporation of the public school capital facilities program into the local government comprehensive plans on an annual basis. 5. Define the geographic application of school concurrency. If school concurrency is to be applied on a less than districtwide basis in the form of concurrency service areas, the agreement shall establish criteria and standards for the establishment and modification of school concurrency service areas. The agreement shall also establish a process and schedule for the mandatory incorporation of the school concurrency service areas and the criteria and standards for establishment of the service areas into the local government comprehensive plans. The agreement shall ensure maximum utilization of school capacity, taking into account transportation costs and court-approved desegregation plans, as well as other factors. The agreement shall also ensure the achievement and maintenance ofthe adopted level-of-service standards for the geographic area of application throughout the 5 years covered by the public school capital facilities plan and thereafter by adding a new fifth year during the annual update. 6. Establish a uniform districtwide procedure for implementing school concurrency which provides for: a. The evaluation of development applications for compliance with school concurrency requirements, including information provided by the school board on affected schools, impact on levels of service, and programmed improvements for affected schools and any options to provide sufficient capacity; b. An opportunity for the school board to review and comment on the effect of comprehensive plan amendments and rezonings on the public school facilities plan; and c. The monitoring and evaluation of the school concurrency system. 7. Include provisions relating to amendment of the agreement. 8. A process and uniform methodology for determining proportionate-share mitigation pursuant to subparagraph (e) I. lOG (h) Local government authority.-- This subsection does not limit the authority of a local government to grant or deny a development permit or its functional equivalent prior to the implementation of school concurrency. (14) The state land planning agency shall, by October I, 1998, adopt by rule minimum criteria for the review and determination of compliance of a public school facilities element adopted by a local government for purposes of imposition of school concurrency. (15)(a) Multimodal transportation districts may be established under a local government comprehensive plan in areas delineated on the future land use map for which the local comprehensive plan assigns secondary priority to vehicle mobility and primary priority to assuring a safe, comfortable, and attractive pedestrian environment, with convenient interconnection to transit. Such districts must incorporate community design features that will reduce the number of automobile trips or vehicle miles of travel and will support an integrated, multimodal transportation system. Prior to the designation ofmultimodal transportation districts, the Department of Transportation shall be consulted by the local government to assess the impact that the proposed multimodal district area is expected to have on the adopted level-of- service standards established for Strategic Intermodal System facilities, as defined in s. 339.64, and roadway facilities funded in accordance with s. 339.2819. Further, the local government shall, in cooperation with the Department of Transportation, develop a plan to mitigate any impacts to the Strategic Intermodal System, including the development of a long-term concurrency management system pursuant to subsection (9) and s. 163.3 1 77(3)(d). Multimodal transportation districts existing prior to July 1,2005, shall meet, at a minimum, the provisions of this section by July 1, 2006, or at the time of the comprehensive plan update pursuant to the evaluation and appraisal report, whichever occurs last. (b) Community design elements of such a district include: a complementary mix and range ofland uses, including educational, recreational, and cultural uses; interconnected networks of streets designed to encourage walking and bicycling, with traffic-calming where desirable; appropriate densities and intensities of use within walking distance of transit stops; daily activities within walking distance of residences, allowing independence to persons who do not drive; public uses, streets, and squares that are safe, comfortable, and attractive for the pedestrian, with adjoining buildings open to the street and with parking not interfering with pedestrian, transit, automobile, and truck travel modes. (c) Local governments may establish multimodallevel-of-service standards that rely primarily on nonvehicular modes of transportation within the district, when justified by an analysis demonstrating that the existing and planned community design will provide an adequate level of mobility within the district based upon professionally accepted multimodal level-of-service methodologies. The analysis must also demonstrate that the capital improvements required to promote community design are financially feasible over the development or redevelopment timeframe for the district and that community design features within the district provide convenient interconnection for a multimodal transportation system. Local governments may issue development permits in reliance upon all planned community design capital improvements that are financially feasible over the development or redevelopment timeframe for the district, without regard to the period of time between development or redevelopment and the scheduled construction of the capital improvements. A determination of financial feasibility shall be based upon currently available funding or funding sources that could reasonably be expected to become available over the planning period. (d) Local governments may reduce impact fees or local access fees for development within multimodal transportation districts based on the reduction of vehicle trips per household or vehicle miles of travel expected from the development pattern planned for the district. (16) It is the intent of the Legislature to provide a method alternatives by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. If a local government chooses to use proportionate fair-share mitigation in lieu of its existing concurrency management system as adopted in its comprehensive plan, then t+he methodology lOG used to calculate proportionate fair-share mitigation under this section shall be as provided for in subsection (l2)7and the following provisions would then be applicable: (a) By December 1, 2006, each local government shall adopt by ordinance a methodology for assessing proportionate fair-share mitigation options. By December 1,2005, the Department of Transportation shall develop a model transportation concurrency management ordinance with methodologies for assessing proportionate fair-share mitigation options. (b) 1. In its transportation concurrency management system, a local government shall, by December 1, 2006, include methodologies that will be applied to calculate proportionate fair-share mitigation. A developer may choose to satisfy all transportation concurrency requirements by contributing or paying proportionate fair-share mitigation if transportation facilities or facility segments identified as mitigation for traffic impacts are specifically identified for funding in the 5-year schedule of capital improvements in the capital improvements element ofthe local plan or the long-term concurrency management system or if such contributions or payments to such facilities or segments are reflected in the 5-year schedule of capital improvements in the next regularly scheduled update of the capital improvements element. Updates to the 5-year capital improvements element which reflect proportionate fair-share contributions may not be found not in compliance based on ss. 1163.164(32) and 163.3177(3) if additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation facilities. 2. Proportionate fair-share mitigation shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair-share mitigation is used to address the same capital infrastructure improvements contemplated by the local government's impact fee ordinance. (c) Proportionate fair-share mitigation includes, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities and may include public funds as determined by the local government. The fair market value of the proportionate fair-share mitigation shall not differ based on the form of mitigation. A local government may not require a development to pay more than its proportionate fair-share contribution regardless of the method of mitigation. (d) Nothing in this subsection shall require a local government to approve a development that is not otherwise qualified for approval pursuant to the applicable local comprehensive plan and land development regulations. (e) Mitigation for development impacts to facilities on the Strategic Intermodal System made pursuant to this subsection requires the concurrence of the Department of Transportation. (t) In the event the funds in an adopted 5-year capital improvements element are insufficient to fully fund construction of a transportation improvement required by the local government's concurrency management system, a local government and a developer may still enter into a binding proportionate-share agreement authorizing the developer to construct that amount of development on which the proportionate share is calculated if the proportionate-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate-share component must be adopted into the 5-year capital improvements schedule of the comprehensive plan at the next annual capital improvements element update. (g) Except as provided in subparagraph (b) 1., nothing in this section shall prohibit the Department of Community Affairs from fmding other portions ofthe capital improvements element amendments not in compliance as provided in this chapter. (h) The provisions ofthis subsection do not apply to a multiuse development of regional impact satisfying the requirements of subsection (12). lOG History.--s. 8, ch. 93-206; s. 12, ch. 95-341; s. 3, ch. 96-416; s. 1, ch. 97-253; s. 5, ch. 98-176; s. 4, ch. 99- 378; s. 2, ch. 2002-13; s. 6, ch. 2002-296; s. 5, ch. 2005-290; s. 11, ch. 2005-291. J ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMEN1I; SENT TOt, 1 0 H THE BOARD OF COUNTY COMMISSIONERS OFFICE !FOR SIGNMtmI " i 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 exee tion of the Chairman's si ature, draw a line thrall h Tautin lines #1 thrau #4. com tete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. (The primary contact is the holder of the original document pending BCe approvaL Normally the primary contact is the person who created/prepared the executive suIIl11uu)'. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the Bee Chainnan's signature are to be delivered 10 the Bee office only after the BCC has acted to approve the item.) Name of Primary Staff ru Contact \...:. Agenda Date Item was A roved b the BCC Type of Document Attached ~:-i ;,j , ~ ~ J~ ~ 2. 774-8415 \OH or-::,6 Yes (Initial) N/A(Not A licable) 3. 5. Sue Filson, Executive Manager Board of County Commissioners ~ f.J/A ~ f!.f;C. jJ(A Cf..G 6. Minutes and Records Clerk of Court's Office I: Forms! County Forms! BCC Formsl Original Documems Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 '- PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached 01\Lll'f f.ASE.UiAE.NT 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a to riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is applicable. "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 BCe office w!thin 24 hours of BCC approval. Some documents are time sensitive and require forwarlling to Tallahassee within a certain time frame or the BCe's actions are nullified. Be 'w e of your deadlines! The document was approved by the BCC on 0 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Conn Attorne's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. r MEMORANDUM Date: January 30, 2006 To: Chuck Carrington Real Estate Services Manager From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Utility Easement Agreement between Collier County and Caribbean Venture of Naples, LLC ..10 H ... Enclosed please find one (1) copy of the document as referenced above (Agenda Item #10H) approved by the Board of County Commissioners on Tuesday, January 24,2006. An original document is being retained in the Minutes and Records Department for public record. Thank you. Attachment (I) Naples Zoo - Parcel 3 Folio #61940320D09 10 H UTILITY EASEMENT AGREEMENT THIS EASEMENT, is made and entered into this \<::,1'- day of January, 2006, by COlliER COUNTY, a pOlitical subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"), and CARIBBEAN VENTURE OF NAPLES, LlC, a Florida limited liability company, its successors and assigns, whose mailing address is 5801 Pelican BayBoulevard,Suite 300, Naples, Florida 34108-2709 (hereinafter referred to as "CVN"). WIT N E SSE T H: WHEREAS, County by deed dated December 19, 2005, and recorded in Official Record Book 3950, Pages 2584 through 2587, purchased approximately 129.981 acres of land in Collier County, Florida, from The Trust for Public Land, a non-profit California corporation, a portion of which is described as: Lot 6 of Naples Improvement Company's Little Farms Subdivision, less additional road right-of-way for Goodlette-Frank Road, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. WHEREAS, The Trust for Public Land reserved unto itself, its successors and assigns a non-exclusive easement for perpetual access and egress over the North 60 feet of the West 950 feet of the above described property; and WHEREAS, The Trust for Public Land did by deed dated December 19, 2005, recorded in Official Record Book 3951, Pages 3725 through 3728 convey unto the Grantee certain lands in Collier County, Florida, and assign therein to CVN its interest in and to said 60-foot wide non- exclusive easement described in the preceding paragraph. NOW THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration paid by CVN, the receipt and sufficiency of which is hereby acknowledged, County and CVN agree as follows: 1. The foregoing recitals are true and accurate and are incorporated herein by reference. 2. County grants unto CVN a non-exclusive easement over the North 60 feet of the West 950 feet of Lot 6 of Naples Improvement Company's Little Farms Subdivision, as described above, for the construction, operation and maintenance of utility facilities, subject to the following terms and conditions: (a) CVN's use of this easement shall in no way interfere with or hinder the County's use of the 60 foot-wide easement area for ingress and egress to its adjoining lands. (b) The location of said utility facilities is subject to the prior written approval of the County, and CVN agrees to submit its site plan showing the precise location and nature of facilities to the Administrator of Collier County Public Services Division, or her designee, for her consideration and review. 3. The easement granted herein shall constitute an easement rJnning with ttt'anla,Q H shall burden the lands described above. IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~---, i',- , ~>2~/ By: fRA~~ -\-\ALA s.. , Chairman " BY:~ i/~.(Ltl. O.C, -: i,' '~aw.~ Clerk ~t.. .". 11~ 011",,' . , 'L, _. CARIBBEAN VENTURE OF NAPLES, LLC ,1/) j By: . Y ,?OMES INVEST1NTS, LLC, Its By: A~;' , '~r1IA/~ Na e: omas H. Ouverson Ti : Managing Member STATE OF FLORIDA COUNTY OF COLLIER The foregoing Easement Agreement was acknowledged before me this ~ day of January, 2006 by Thomas H. Overson, on behalf of Luxury Homes Investments, LLC, as Managing Member of CARIBBEAN VENTURE OF NAPLES, LLC, a Florida limited liability company. He is personally known to me or has produced as identification. WITNESS my hand and official seal this .'0 day of Jan JL, (affix notarial seal) 1". ..,..~',,;, DEBORAH A, LUTIRELL [.fJj.''!~, MY cm~MISSION i 00 334797 ;';'._BlIh'C" EXPIR.S: November 3,2008 '{:;f~~~;":~ Boncloci Tnr>.J NQt'TV ~ullllC Und8rwriter, .,9",,~,__ (Print Name of Notary Public) Serial/Commission #:(if anv) My Commission Expires: &:c-iZ. I)Z'1/tJi:'" ...1 leD?- . . NOTICE OF REQUEST FOR CLOSED ATTORNEY-CLIENT EXECUTIVE SESSION Notice is hereby given that the County Attorney of Collier County desires advice and requests at the Board of County Commissioners Board Meeting scheduled on Tuesday, January 24, 2006, at 9:00 a.m., to be held in the Commission Conference Room, 3'd Floor, W. Harmon TurnerfAdministration/F Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, and pursuant to Section 286.011(8), Fla. Stat., that the Board of County Commissioners meet in executive (closed attorney-client) session on TUESDAY, FEBRUARY 14,2006, in the Commission Conference Room, 3'd Floor, W. Harmon Turner/AdministrationfF Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement negotiations and/or litigation strategy and expenses in the pending case of Collier County v. North Naples Fire Control & Rescue District, Case No. 02-1702-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Naples, Ftorida. Attending: Board of County Commissioners; County Attorney David C. Weigel; Assistant County Attorney Ellen T. Chadwell; Craig B. Willis, Esq.; County Manager James V. Mudd. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK ~ By: /s/ Patricia Morgan Deputy Clerk (SEAL) 02.0046/81 J Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 0- !lJq/S ,~ PJJ~o/W~ W~ w~ 1 3301 EastTamiami Trail - Naples, Florida 34112 - 4977 (239) 774-8097 - Fax (239) 774-3602 January 27, 2006 Commissioner Jon Thaxton Sarasota Board of County Commissioners Sarasota County Administration Center 1660 Ringling Blvd. Sarasota; Fl. 34236 Dear Commissioner Thaxton: On behalf of the Board of County Commissioners and the entire Collier County community, I would like to take this opportunity to extend our sincere appreciation to you for your representation of our position and interests while you have been ail active member of the Florida Impact Fee Review Task Force. During the discussions, your comments were intelligent, measured and deliberate. You articulated eloquently Collier County's position as if you were our representative on the Task Force. We were confident, as we listened intently to your words, that you had no ulterior motives and your agenda was on behalf of all the citizens of your community and ours. We are thankful to have built the camaraderie we have with you during this process and look forward to continuing to cultivate our newfound mutually-supportive relationship in legislative issues affecting our citizens and communities. As you have said, this has only just begun. Like synergy, the sum is much greater than the independent, individually working parts, and together we can be much greater and more effective, working cooperatively and unified toward a common end. In addition, please accept our congratulations on being appointed chairman of the Southwest Florida Regional Planning Council. You epitomize competent, sound leadership and I believe the best is yet to come for Southwest Florida with you at the helm of that organization as well. ~~ Frank Halas, Chairman Board of COtmty Commissioners dlw C: Collier Board of County Commissioners Sarasota Board of C01!nty Commissioners Florida Impact Fee Review Task Force Members Southwest Florida Regional Planning Council Florida Association of Counties James V. Mudd, Collier County Manager J. Keith Arnold & Associates Leo E. Ochs, Jr., Deputy County Manager David Weigel, County Attorney Joseph Schmitt, Community Development and Environmental Services Administrator Debbie Wight, Assistant to the County Manager Amy Patterson, Impact Fee and Economic Development Manager Trisha McPherson, Executive Aide to Commissioner Halas CI6s5ic5 piaric'i s1 1JhaSe 1I I CONSTRUCTION AND MAINTENANCE AGREEMENT FOR 1 6 A 1 SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 3.t71-1 day of January, 2006, by Stock Development, LLC, a Florida limited liability company (hereinafter "Developer"), and the THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter"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 Classics Plantation Estates Phase 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 construction of the required improvements. NOW, THERFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause the paved roadways and sidewalks, drainage, utilities and like facilities, the Required Improvements, to be constructed pursuant to the specifications that have been approved by the Development Services Director within eighteen (18) months from the date of approval of said subdivision plat. 2. Developer hereby tenders its subdivision performance security (attached hereto as Exhibit A and reference made a part hereof) in the amount of $4,253,559.05 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost to complete the Required Improvements as of 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 the Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 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 16A1 Developer must fulfill in order to obtain the approval of the County Manager of the Required 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 (1) year after preliminary approval by the County Manager or his designee. After the one (1) 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 Required Improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by the final approval of 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 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 respective successors and assigns of the Developer. 1 6 A 1 IN WITNESS WHEREOF, the Developer and the Board have caused this Agreement to be executed by their duly authorized representatives this bill day of January, 2006. SIGNED, SEALED AND DELIVERED IN STOCK DEVELOPM T THE P' SENCE OF: a Florida limited liab. ' 0 comp. f, ' // /.'/.i"1`f( By: Print Name / 97wz, ./7.-!a i°/', ' esident Print Na • i ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK OF COLLIER COUNTY, FLORIDA By 11. .Ur By: Dp i tl 144,LA, hairman st�,3tUUV1:' 1y. ' Approve. s to orm and legal sufficiency: 1114 Jeffrey A. a .ow Assistant ou Attorney 1 6 A 1 Classics Plantation Estates Phase 3 Bond Calculation Original Contract Amount (No Lot Fill) $3,866,871.86 Change Order Amount $0.00 Revised Contract Amount $3,866,871.86 Amount Paid $0.00 Contract Amount Remaining $3,866,871.86 10% Maintenance Bond Amount $386,687.19 100% Bond Amount $3,866,871.86 Total Bond Amount $4,253,559.05 ORIGINAL DOCUMENTS CHECKLIST & ROUTING f~ A 2- TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE~ TO. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prinl on pink paper. AUach to original document. Original documents should be hand delivered [0 the Board Ol1ice. 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 fOf additional signatures, dates, and/or infonnation needed. If the document is already complete with the exec tion oflhe Chairman's si nature, draw a line thrall h wulin lines #\ thrau h #4, com Jete the checklist, and lon...ard to Sue Filson (line 115). Route to Addressee(s) Office Initials Date (List in routin order) (The primary contact is the holder oflhe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one afthe addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature arc to be delivered to the BCC oftlce 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 1. ;J.J1 d r IJ' 4 < t! ;- < r4-1--m I /? 5~7 ~ ~l_ 2. 3. 5151 /t'v /J / Yes (Initial) N/A(Not A licablc) 4. 5. Sue Filson, Executive Manager Board of County Commissioners 5~ ;.) /4 -:; . L / ?<./ ;;-;i L )5 N/A is not an option for line 6. 6. Minutes and Records Clerk of Court's Office I: Forms! County Forms! BCC Forms! Original Documents Routing Slip VVWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 PRIMARY CONTACT INFORMATION -hk Agenda Item Number Phone Number /-j'j, t' .( Number of Original Documents Attached L INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a roriate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office 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 ar1ies exee t the BeC 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 otiatcd contract datc whichever is a Iicable. "Sign here" tabs are placed on the appropriate pag8s indicating where the Chairman's si nature and initials arc 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 BCC's actions arc nullified. Be aware 0' our deadlines! The document was approved by the BCC on ' <(enter date) and all changes made during the meeting have been incorporat d in he attached document. The Count Attorne 's Oftice has reviewed the chan Jes, if a licable. 2, 3. 4, 5. 6, 116 A,- RESOLUTION NO. 06-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO: AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN INDIGO LAKES UNIT FIVE; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE INDIGO LAKES HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 26, 2002 approved the plat of Indigo Lakes Unit Five for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA, that: The final acceptance is hereby granted for those roadway and drainage improvements in Indigo Lakes Unit Five and the Clerk is authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for drainage improvements that are not required to be maintained by the Indigo Lakes Homeowners' Association. The improvements within the right-of-way will be the responsibility of the Indigo Lakes Homeowners' Association. this ThisJ,<esolutionadopted after motion, second and majority vote favoring same, .J. I <lay of IUJ d /tf t- ,2006. DATE: \-d-5 -Dip ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COllIER COUNTY, FLORIDA By: ~>~./ - FRANK HALAS, CHAIRMAN b ~~r Cit.A JA ~~M- O. (. ,De y Clerk Approved as to form and legal sufficiency: Item # ll.o f-t d m.~~ Th'Pt;O.L~-~~~ Marjo M. Student-Sl1rhng Assistant Collier County Attorney Agenda I ~ dll-i'll Date ~ Date \ _ Y7 _/)1 - Rec'd \0 o.c.. . 16A3 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~ day of JKAf, 2006 between Ave Maria Development, LLLP, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. The 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 Ave Maria Phase One Plat. B. Chapters 4 and 10 of the Collier County Land Development Code require 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 the mutual covenants hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary sewer system, irrigation and street lighting improvements within eighteen (18) 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 $24,357,377.47, which represents 10% of the total contract cost to complete construction plus 100% of the probable cost 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 the 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 2/2012006- 147053 Ver 041. NPESTELL CAp4J 03786-420-000- ESBM. 29104 16A3 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 Developers' responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six months after the execution of this Agreement and once within every six 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 ofthe request. 8. In the event the Developer shall fail or neglect to fulfill their 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 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. 1/18/2006. 147053 Ver 031. NPESTELL CA~3 03786-420-000_ ESBM- 29104 16A3 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~"tiay of lA114 t ' 2006. j AveM';"9"ve~"'~fL:.// / I By: / f"l //// ~'"'___) '''' ,L./ I 1)ov~ LI 15", c,ep Printed or typed name v Paul J. Marinelli. President Barron Collier Corporation, Managing General Partner of Ave Maria Development, LLLP Witness ~~~,,~: lJ/4<ie L. V/6N'EGt' Printed or typed name ATTEST: DWIGHT E. BROCK. CLERK BY~ JCJ~'(l.~.,It , ~~.n' -., ,0 Chi' run , . fgnn\irt on 1 · BOARD OF CO~IONERS OF COLLIER~1~. L ~ By: ~ ~-~/ Frank Halas, Chairman Approved as to form and Legal Sufficiency: BY: (' · ~. Jeff E. 1/1812006- 147053 Vet 031- NPESTELL """'3 037~~ ESBM- 29104 16A3 NOTICE OF SUBDIVISION PLAT FILING DATE: COUNTY OF COLLIER PLA T BOOK # AND PAGE # P.B..It ~ PG. SECTION ~ l TOWNSHIP~RANGE '-~ NAME OF SUBDIVISION AvE:. t<<A~ { A. ~l4.t:\~f, C:l~ e. NUMBER OF LOTS 6 NAME OF OWNER OR CORPORATE NAME Auc::. IAA$t., A 1e.ve.\ ~~+ Lc. ADDRESS OF OWNER ~A\L"4~ UU-lb ~ Co. PHONE NUMBER IF A V AILABLE ARE ADDITIONAL PLAT FILINGS ANTICIPATED? YES NO HA VE THE ROADS IN THE SUBDIVISION BEEN ACCEPTED BY THE COUNTY FOR MAINTENANCE? TYPE OF OFFERING: HOMESITE MOBILE HOMESITE IMPROVED ACREAGE HOME AND LOT PACKAGE MOBILE HOME & LOT PACKAGE TOWNHOUSE CONDOMINIUM COMMERCIAL PUD UNIMPROVED ACREAGE // NAME AND POSITION OF PERSON PROVIDING INFORMA nON JOHN R. HOULDSWORTH. SENIOR ENGINEER THIS IS A SELF MAILER; FOLD ON THE LINES, STAPLE AND ATTACH POSTAGE .---J~ COR ~Dl ~~t1bb.K' () 601 OAKMONT LANE, SUITE 400 . WESTMONT, IL 60559 . 630-468-5600 l-o--A 3 PERFORMANCE BOND Bond No. 5021010 KNOW ALL PERSONS BY THESE PRESENTS: that Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.c., A Florida Limited Liability Company Amult, L.L.c., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (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 Thirty Three Thousand and 00/100 Dollars ($33,000.00) 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 CONDmON OF THIS OBUGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Ave Maria Phase One. SDP #4. K-12 School 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 1....~I~~t1bb.K. ~ INCORPORATED . 601 O~KMONT LANE, SUITE 400 . WESTMONT, IL 60559 . 630-468-5600 ..-t6 A 3 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Bond No. 5021011 Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.c., A Florida Limited Liability Company Amult, L.L.c., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (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 One Hundred Thirty Seven Thousand Five Hundred Eiahty and 30/100 Dollars ($137,580.30) 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 OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Ave Maria Phase One. SDP #3. Town Core and Town Core Roadways - Earthwork 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. L~~I~Lt1JjJj.t\. ~ .,...-1-_Lc,o R P 0 RAT E 0 6' ~ OAKMONT LANE, SUITE 400 . WESTMONT, IL 60559 . 630-468-5600 ...---" 16A3 PERFORMANCE BOND Bond No. 5021012 KNOW ALL PERSONS BY THESE PRESENTS: that Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.c., A Florida Limited Liability Company Amult, L.L.c., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (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 Seventy One Thousand Nine Hundred Forty and 00/100 Dollars ($71,940.00) 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 OBUGAll0N is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Ave Maria Phase One, Oratory SDP, Oratory 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 I.......~I ~L.H.b.b.H.' ~ INCORPORATED 601 OAKMONT LANE, SUITE 400 . WESTMONT, IL 60559 . 630-468-5600 .16A3 ---' PERFORMANCE BOND Bond No. 5021013 KNOW ALL PERSONS BY THESE PRESENTS: that Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.c., A Florida Limited Liability Company Amult, L.L.c., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (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 Five Hundred Three Thousand Eight Hundred Eighty Seven and 21/100 Dollars ($503,887.21) 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 OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Ave Maria Phase One. SDP #1. Utility Site 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 I I LJ\...J~ ~Lnn ~ .~PORATED 601 OAI<'MONT LANE. SUITE 400 . WESTMONT, IL 60559 . 630-468-5600 U.A3 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Bond No. 5021014 Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.c., A Florida Limited Liability Company Amult, L.L.c., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (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 One Million Nine Hundred Ninety Two Thousand Five Hundred One and 78/100 Dollars ($1,992,501.78) 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 CONDmON OF THIS OBUGAllON is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Ave Maria Phase One. SDP #3. Town Core and Town Core Roadways _ Utilities 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, alterationt 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 timet alteration, addition or deletion to the proposed specific improvements. I ~'~L,.t1bb.K'~ ,':CORPORATED .-1-,6 A 3 .~AKMONT lANE, SUITE 400 . WESTMONT, Il 60559' 630-468.5600 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Bond No. 5021015 Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.c., A Florida Limited Liability Company Amult, L.L.c., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (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 One Million One Hundred Fifty Nine Thousand Five Hundred Ten and 00/100 Dollars ($1,159,510.00) 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 OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Ave Maria Phase One, SDP #3, Town Core and Town Core Roadways _ Lighting 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. I I ~\...J~ ~LL~ \ ~ INCORPORATED ~/ 1101 OAKMONT LANE, SUITE 400 . WESTMONT, IL 60559 . 63()..468.5600 .--' 16A3 -.r PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Bond No. 5021016 Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.C., A Florida Limited Liability Company Amult, L.L.c., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (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 Five Hundred Ten Thousand Seven Hundred Thirty One and 43/100 Dollars ($2,510,731.43) 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 CONDmON OF THIS OBUGATlON is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Ave Maria Phase One. SDP #2. University - Utilities/DPO's 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. 1~~I~Ctl.b.b.K'~ INCORPORATED '---;;; OAKMONT LANE, SUITE 400 . WESTMONT, IL 60559 · 630-468.5600 1--6. A 3 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Bond No. 5021017 Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.c., A Florida Limited Liability Company Amult, L.L.C., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (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 Four Hundred Fifty One Thousand Five Hundred Eight and 20/100 Dollars ($2,451,508.20) 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 Ave Maria Phase One. SDP #2. University - Utilities 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. .~~~DI~Ll1bb.K'~ 601 OAKMONT LANE, SUITE 400 . WESTMONT, IL 60559 . 630-468-5600 ,-1-6 A 3 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Bond No. 5021018 Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.c., A Florida Limited Liability Company Amult, L.L.c., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250- 3043 (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 Six Hundred Ninety Thousand Nine Hundred Seventy Nine and 83/100 Dollars ($2,690,979.83) 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 OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Ave Maria Phase One, SDP #1. Entry Road and Arc Road - Pavement Section 2 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. ~~"'="I ~l..Jt1J:~~nl\ ~ ~' COR P 0 RAT E D 601 OAKMONT LANE, SUITE 400 · WESTMONT, IL 60559 . 630-468-5600 16A3 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Bond No. 5021019 Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.c., A Florida Limited Liability Company Amult, L.L.c., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (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 Six Hundred Ninety Thousand Nine Hundred Eighty and 00/100 Dollars ($2,690,980.00) 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 CONDmON OF THIS OBUGATlON is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Ave Maria Phase One. SDP #1. Entry Road and Arc Road - Pavement Section 1 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. .--+; CO RPO RATE DI~L.Jnnnn ~ 601 OAKMONT LANE, SUITE 400 . WESTMONT, IL 60559 . 630-468-5600 'J. 6 A 3 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Bond No. 5021020 Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.c., A Florida Limited Liability Company Amult, L.L.c., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (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 Three Million Seven Hundred Fifty One Thousand Eiaht Hundred Forty Nine and 20/100 Dollars ($3,751,849.20) 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 CONDmON OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Ave Maria Phase One. SDP #3. Town Core and Town Core Roadways - Pavement 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. .---- .1, N COR P 0 RAT E 01 ~\....Jnnn.l\. ~ 601 OAt ;.MONT LANE, SUITE 400 . WEST MONT, IL 60559 . 630-468-5600 ---. 16A3 . PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Bond No. 5021021 Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.c., A Florida Limited Liability Company Amult, L.L.c., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (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 Three Million Ninety Thousand One Hundred Sixty and 48/100 Dollars ($3,090,160.48) 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 CONDmON OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Ave Maria Phase One. SDP #1. Entry Road and Arc Road - Storm Drainage 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. h.-c 0 R P 0 RAT E oj ~L.,nnnn ~ .------- 601 OAKMONT LANE, SUITE 400 . WESTMONT, IL 60559 . 630-468-5600 ,1-6 A 3 PERFORMANCE BOND Bond No. 5021022 KNOW ALL PERSONS BY THESE PRESENTS: that Ave Maria University, Inc., A Florida Not For Profit Corporation Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership NUA Baile, L.L.c., A Florida Limited Liability Company Amult, L.L.c., A Florida Limited Liability Company Barron Collier Partnership, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner") and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (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 Three Million Two Hundred Seventy Two Thousand Seven Hundred Forty Nine and 04/100 Dollars ($3,272,749.04) 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 Ave Maria Phase One. SDP # 1. Entry Road and Arc Road - Potable Water & Sanitary Sewer 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. WlIsonMlller, Inc. Opinion of Probable Cost Ave Maria Phase One Plat Bond Breakdown Summary SOP #1 (AR #6113) Entrv Road and Arc Road "Engineers Estimated Cost of Construction $ Estimated 110% Performance Bond Amount $ 10,677,153.95 11,744,869.35 Utilitv Site Engineers Estimated Cost of Construction (Ref. ABB Drawing File No, 6840) $ Estimated 110% Performance Bond Amount $ 456,079.28 503,887.21 SOP #2 (AR #6432 and #7852) University "Engineers Estimated Cost of Construction (utilities only) Estimated 110% Performance Bond Amount $ $ 4,511.126.94 4,962,239.63 Oratory SOP (AR #8156) Oratory .Engineers Estimated Cost of Construction (utilities only) Estimated 110% Performance Bond Amount $ $ 65,400.00 71,940.00 SOP #3 (AR #6432 and #8229) Town Core and Town Core Roadwavs "Engineers Estimated Cost of Construction Estimated 110% Performance Bond Amount $ $ 6,401,310.25 7,041,441.28 SOP #4 (AR #6432) K-12 School Engineers Estimated Cost of Construction (utilities only) Estimated 110% Performance Bond Amount $ $ 30,000.00 33,000.00 Total Estimated Cost of Construction $ 22,143,070.42 Total Estimated 110% Performance Bond Amount 1$ 24.357,377.47 , "Notes: 1) Revised, estimated costs of construction were based on actual contract amounts. All other estimated construction costs were calculated based upon the originally submitted OPC amounts, 2) All costs provided in this OPC are based on actual contract prices, or the engineers latest known unit costs. These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of ccncrete, patroleum, or the availability of materials and labor. ~~ ,L(~'!"L- David J. Hur:;;t, P,E. FL Registration # 60727 WilsonMiiler, Inc,-FL Lic.#LC, C000170 WilsonMiller, Inc,-Certificate of Authorization #43 2J2QI2OOlJ. 1134&4 V.,.5- OHURST """" 031~ - El5BM. JOO3I 16A3 Ave Maria Phase One Plat Bond Breakdown Summary 16A3 SOP #1 (AR #6113) Estimated Start Date = Estimated Completion Date = 4/1/2005 12/1/2006 Entrv Road and Arc Road Estimated 110% Performance Bond Amount - Utilities Estimated 110% Performance Bond Amount - Drainage Estimated 110% Performance Bond Amount - Pavement 1 Estimated 110% Performance Bond Amount - Pavement 2 $ $ $ $ $ 3,272,749,04 3,090,160,48 4,800,000,00 581,959,83 11,744,869.35 Utilitv Site Estimated 110% Performance Bond Amount $ 503,887,21 Total (SOP '1) $ 12,248,756.56 SOP #2 (AR #6432 and #7852) Estimated Start Date = 7/25/2005 Estimated Completion Date = 7/15/2007 Universitv Estimated 110% Performance Bond Amount - Utilities Estimated 110% Performance Bond Amount - UtilitieslDPO's $ $ 2,451,508.20 2,510,731,43 Total (SOP '2) $ 4,962,239.63 Oratory SOP (AR #8156) Estimated Start Date = Estimated Completion Date = 2/6/2006 1/31/2008 Oratory Estimated 110% Performance Bond Amount $ 71,940,00 SOP #3 (AR #6432 and #8229) Estimated Start Date = 12/13/2005 Estimated Completion Date = 1/22/2007 Town Core and Town Core Roadwavs Estimated 110% Performance Bond Amount - Utilities Estimated 110% Performance Bond Amount - Earthwork Estimated 110% Performance Bond Amount - lighting Estimated 110% Performance Bond Amount - Pavement $ $ $ $ 1,992,501.78 137,580.30 1,159,510.00 3,751,849.20 Total (SOP 13) $ 1,041,441.28 SOP #4 (AR #6432) Estimated Start Date = Estimated Completion Date = 7/21/2006 7/28/2007 K-12 School Estimated 110% Performance Bond Amount $ 33,000,00 Total Estimated 110% Perfonnance Bond Amount $ 24,357,377.47 'Note: 1) Revised, estimated cost of construction were determined by utilizing contract amounts, All other estimated construction costs were calculated based upon the originally submitted OPC amounts, 2) All costs provided in this OPC are based on actual contract prices. or the engineers latest known costs. These costs cannont be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the availability of materials and labor. 212012001. 18!S57& II., 1. DHURST c..., OJ1....m-ooo . ESSM . 30031 WilsonMlller, Inc. Opinion of Probable Cost Ave Maria Phase One Plat Bond Breakdown Summary 16A3 SOP #1 (AR #6113) Entrv Road and Arc Road 'Engineers Estimated Cost of Construction Estimated 110% Performance Bond Amount $ S 10,677,153,95 11,744,869.35 Utilitv Site Engineers Estimated Cost of Construction (Ref, ABB Drawing File No, 8840) Estimated 110% Performance Bond Amount $ S 458,079.28 503,887.21 SOP #2 (AR #6432 and #7852) University 'Engineers Estimated Cost of Construction (utilities only) Estimated 110% Performance Bond Amount $ S 4,511,126.94 4,962,239.63 Oratory SOP (AR #8156) Oratory 'Engineers Estimated Cost of Construction (utilities only) Estimated 110% Performance Bond Amount $ S 65,400,00 71,940.00 SOP #3 (AR #6432 and #8229) Town Core and Town Core Roadwavs 'Engineers Estimated Cost of Construction Estimated 110% Performance Bond Amount $ S 6.401,310,25 7,041,441.28 SOP #4 (AR #6432) K-12 School Engineers Estimated Cost of Construction (utilities only) Estimated 110% Performance Bond Amount $ S 30,000,00 33,000.00 Total Estimated Cost of Construction $ 22,143,070.42 24,357,377.471 Total Estimated 110% Performance Bond Amount t $ 'Notes: 1) Revised, estimated costs of construction were based on actual contract amounts. All other estimated construction costs were calculated based upon the originally submitted ope amounts. 2) All costs provided in this OPC are based on actual contract prices, or the engineers latest known unit costs. These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the availability of materials and labor. _'-~/hlbl David J. Hurst, P.E. FL Registration # 60727 WilsonMi!ler, Inc.-FL Lic.#lC-G000170 WiisonMilier, Inc,-Certificate of Authorization #43 2120120011- 1830&84 "_ 5-- OHURST C"-"3 QJ71l11-42D-OOO-ES8M_3OQ38 Ave Maria Phase One Plat Bond Breakdown Summary 16A3 SOP #1 (AR #6113) Estimated Start Date = Estimated Completion Date = 4/1/2005 12/1/2006 Entry Road and Arc Road Estimated 110% Performance Bond Amount - Utilities Estimated 110% Performance Bond Amount - Drainage Estimated 110% Performance Bond Amount - Pavement 1 Estimated 110% Performance Bond Amount - Pavement 2 $ $ $ $ $ 3,272,749,04 3,090,160.48 4,800,000,00 581,959.83 11,744,869,35 Utilitv Site Estimated 110% Performance Bond Amount $ 503,887,21 Total (SOP #1) S 12,248,756.56 SOP #2 (AR #6432 and #7852) Estimated Start Date = 7/25/2005 Estimated Completion Date = 7/15/2007 University Estimated 110% Performance Bond Amount - Utilities Estimated 110% Performance Bond Amount - Utillties/DPO's $ $ 2,451,508.20 2,510,731.43 Total (SOP #2) S 4,962,239.63 Oratory SOP (AR #8156) Estimated Start Date = Estimated Completion Date = 2/6/2006 1/31/2008 Oratory Estimated 110% Performance Bond Amount $ 71,940,00 SOP #3 (AR #6432 and #8229) Estimated Start Date = 12/13/2005 Estimated Completion Date = 1/22/2007 Town Core and Town Core Roadwavs Estimated 110% Performance Bond Amount - Utilities Estimated 110% Performance Bond Amount - Earthwork Estimated 110% Performance Bond Amount - Lighting Estimated 110% Performance Bond Amount - Pavement $ $ $ $ 1,992,501,78 137,580.30 1,159,510.00 3,751,849,20 Total (SOP #3) S 7,041,441.28 SOP #4 (AR #6432) Estimated Start Date = Estimated Completion Date = 7/21/2006 7/28/2007 K-12 School Estimated 110% Performance Bond Amount $ 33,000.00 Total Estimated 110% Performance Bond Amount $ 24,357,377.47 "Note: 1) Revised, estimated cost of construction were determined by utilizing contract amounts. All other estimated construction costs were calculated based upon the originally submitted OPC amounts. 2) All costs provided in this OPC are based on actual contract prices, or the engineers latest known costs. These costs cannont be guaranteed at this time due to unpredictable and uncontrollable increases in the cost =~OOfI' """Vfi '.DHURs'Of concrete, petroleum, or the availability of materials and labor, 03788-420-000 . ES8M . 30018 WilsonMiller, Inc. Opinion of Probable Cost Ave Marla Phase One Plat Bond Breakdown Summary 16A3 SOP #1 (AR #6113) Entrv Road and Arc Road 'Engineers Estimated Cost of Construction Estimated 110% Performance Bond Amount $ $ 10,677,153,95 11,744,869.35 Utilitv Site Engineers Estimated Cost of Construction (Ref. ABB Drawing File No. 8840) Estimated 110% Performance Bond Amount $ $ 458,079.28 503,887.21 SOP #2 (AR #6432 and #7852) University "Engineers Estimated Cost of Construction (utilities only) Estimated 110% Performance Bond Amount $ $ 4,511,126.94 4,962,239.63 Oratory SOP (AR #8156) Oratory 'Engineers Estimated Cost of Construction (utilities only) Estimated 110% Performance Bond Amount $ S 65,400.00 71,940.00 SOP #3 (AR #6432 and #8229) Town Core and Town Core Roadwavs 'Engineers Estimated Cost of Construction Estimated 110% Performance Bond Amount $ $ 6,401,310.25 7,041,441.28 SOP #4 (AR #6432) K.12 School Engineers Estimated Cost of Construction (utilities only) Estimated 110% Performance Bond Amount $ S 30,000.00 33,000.00 Total Estimated Cost of Construction $ 22,143,070.42 Total Estimated 110% Performance Bond Amount , $ 24,357,377.47 f 'Notes: 1) Revised, estimated costs of construction were based on actual contract amounts. All other estimated construction costs were calculated based upon the originally submitted OPC amounts. 2) All costs provided in this OPC are based on actual contract prices, or the engineers latest known unit costs. These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the availability of materials and labor. ~/d4!()t David J. Hurst, P.I:. FL Registration # 60727 WilsonMiller, Inc.-FL Lic.#LC-C000170 WilsonMiller, Inc,-Certificate of Authorization #43 2120/2OOfI - 1834&4 V" S. OHURST e.u., 037.....20-000 - ESB'" . 30031 Ave Maria Phase One Plat Bond Breakdown Summary 16A3 SOP #1 (AR #6113) Estimated Start Date = Estimated Completion Date = 4/1/2005 12/1/2006 Entry Road and Arc Road Estimated 110% Performance Bond Amount - Utilities Estimated 110% Performance Bond Amount - Drainage Estimated 110% Performance Bond Amount - Pavement 1 Estimated 110% Performance Bond Amount- Pavement 2 $ $ $ $ $ 3,272,749,04 3,090,160.48 4,800,000,00 581,959,83 11,744,869.35 Utilitv Site Estimated 110% Performance Bond Amount $ 503,887,21 Total (SOP #1) $ 12.248,756.56 SOP #2 (AR #6432 and #7852) Estimated Start Date = 7/25/2005 Estimated Completion Date = 7/15/2007 University Estimated 110% Performance Bond Amount - Utilities Estimated 110% Performance Bond Amount - Utili tie sID PO's $ $ 2,451,508.20 2,510,731.43 Total (SOP #2) $ 4,962.239.63 Oratory SOP (AR #8156) Estimated Start Date = Estimated Completion Date = 2/6/2006 1/31/2008 Oratory Estimated 110% Performance Bond Amount $ 71,940.00 SOP #3 (AR #6432 and #8229) Estimated Start Date = 12/13/2005 Estimated Completion Date = 1/22/2007 Town Core and Town Core Roadwavs Estimated 110% Performance Bond Amount - Utilities Estimated 110% Performance Bond Amount - Earthwork Estimated 110% Performance Bond Amount - Lighting Estimated 110% Performance Bond Amount - Pavement $ $ $ $ 1,992,501,78 137,580,30 1,159,510,00 3,751,849.20 Total (SOP #3) $ 1,041,441.28 SOP #4 (AR #6432) Estimated Start Date = Estimated Completion Date = 7/21/2006 7/28/2007 K-12 School Estimated 110% Performance Bond Amount $ 33,000.00 Total Estimated 110% Performance Bond Amount $ 24,357.377.47 "Note: 1) Revised, estimated cost of construction were determined by utilizing contract amounts, All other estimated construction costs were calculated based upon the originally submitted OPC amounts, 2) All costs provided in this OPC are based on actual contract prices, or the engineers latest known costs. These costs cannont be guaranteed at this time due to unpredictable and uncontrollable increases in the cost ::::.~OO<. "'''' v.,. ""uR''Of concrete, petroleum, or the availability of materials and labor. 03718-420_000. ES8M - 30038 WllsonMlller, Inc. Opinion of Probable Cost Ave Marla Phase One Plat Bond Breakdown Summary 16A3 SOP #1 (AR#6113) Entrv Road and Arc Road 'Engineers Estimated Cost of Construction Estimated 110% Performance Bond Amount $ $ 10,677,153,95 11,744,869.35 Utility Site Engineers Estimated Cost of Construction (Ref. ABB Drawing File No. 8840) Estimated 110% Performance Bond Amount $ $ 458,079,28 503,887.21 SOP #2 (AR #6432 and #7852) University "Engineers Estimated Cost of Construction (utilities only) Estimated 110% Performance Bond Amount $ $ 4,511,126,94 4,962,239.63 Oratory SOP (AR #8156) Oratory 'Engineers Estimated Cost of Construction (utilities only) Estimated 110% Performance Bond Amount $ $ 65,400,00 71,940.00 SOP #3 (AR #6432 and #8229) Town Core and Town Core Roadwavs 'Engineers Estimated Cost of Construction Estimated 110% Performance Bond Amount $ $ 6,401,310.25 7,041,441.28 SOP #4 (AR #6432) K-12 School Engineers Estimated Cost of Construction (utilities only) Estimated 110% Performance Bond Amount $ $ 30,000.00 33,000.00 Total Estimated Cost of Construction $ 22,143,070.42 24,357,377.471 Total Estimated 110% Performance Bond Amount I $ 'Notes: 1) Revised, estimated costs of construction were based on actual contract amounts. All other estimated construction costs were calculated based upon the originally submitted OPC amounts, 2) All costs provided in this OPC are based on actual contract prices, or the engineers latest known unit costs, These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete. petroleum, or the availability of materials and labor, David J. Hurst, . . FL Regisiration # 60727 WilsonMiiler, Inc.-FL Lic.#LC-C000170 WilsonMiller, InC.-Certificate of Authorization #43 V21112OO8 - 1llJ.ta<l ..,.5- OHURI5T CA#4J 0371l&-420-OOO.E58M-JOOJI Ave Maria Phase One Plat Bond Breakdown Summary 16A3 SOP #1 (AR #6113) Estimated Start Date = Estimated Completion Date = 4/1/2005 12/1/2006 Entry Road and Arc Road Estimated 110% Performance Bond Amount - Utilities Estimated 110% Performance Bond Amount - Drainage Estimated 110% Performance Bond Amount - Pavement 1 Estimated 110% Performance Bond Amount - Pavement 2 $ $ $ $ $ 3,272,749,04 3,090,160.48 4,800,000,00 581,959,83 11,744,869,35 Utilitv Site Estimated 110% Performance Bond Amount $ 503,887,21 Total (SOP #1) $ 12,248,756.56 SOP #2 (AR #6432 and #7852) Estimated Start Date = 7/25/2005 Estimated Completion Date = 7/15/2007 University Estimated 110% Performance Bond Amount - Utilities Estimated 110% Performance Bond Amount - UtilitieslDPO's $ $ 2,451,508,20 2,510,731.43 Total (SOP #2) $ 4,962,239.63 Oratory SOP (AR #8156) Estimated Start Date = Estimated Completion Date = 2/6/2006 1/31/2008 Oratory Estimated 110% Performance Bond Amount $ 71,940,00 SOP #3 (AR #6432 and #8229) Estimated Start Date = 12/13/2005 Estimated Completion Date = 1/22/2007 Town Core and Town Core Roadwavs Estimated 110% Performance Bond Amount - Utilities Estimated 110% Performance Bond Amount - Earthwork Estimated 110% Performance Bond Amount - Lighting Estimated 110% Performance Bond Amount - Pavement $ $ $ $ 1,992,501.78 137,580,30 1,159,510.00 3,751,849.20 Total (SOP #3) $ 7,041,441.28 SOP #4 (AR #6432) Estimated Start Date = Estimated Completion Date = 7/21/2006 7/28/2007 K-12 School Estimated 110% Performance Bond Amount $ 33,000,00 Total Estimated 110% Performance Bond Amount $ 24,357,377.47 'Note: 1) Revised, estimated cost of construction were determined by utilizing contract amounts. All other estimated construction costs were calculated based upon the originally submitted OPC amounts, 2) All costs provided in this OPC are based on actual contract prices, or the engineers latest known costs, These costs cannont be guaranteed at this time due to unpredictable and uncontrollable increases in the cost ::::'7" - ,,,,,,v.,-oHURsbf concrete, petroleum, or the availability of materials and labor. 0318e-42O-OOO - ESBM . 30038 WiI.nMiller ~~~i~::~t~o~~~~~,~.~.:.::::::::::::::::::::~;~~:~ 3200 Bailey Lane, Suite 200 Business Communications: ...............263-6422 Naples, Florida 341 05-8507 Su~ey Cre~ Staging: ........................263-6447 Phone No. (239) 649-4040 Design Studio: .....:.............................649-4909 Development Design: ........................263-6494 Environmental: ........, ....... .......... ....... ..263-6491 Human Resources: ......................,.....263-6445 Main (Maiiroom):......,.".......,..............643-5716 Public Infrastructure: ,.........,...............263-6492 Survey:",.... ....." ....... ................, ....... ..643-6682 Transportation:..,....,.........,.....".....".. .263-6465 IT:.,."...,.......".......".,..."......."............ 263-6407 John Houldsworth Collier County Project Review Services 2800 N. Horseshoe Dr. Naples, FI 34105 We are sending attached via: 0 Client Pickup IZI Delivery 0 Mail o Prints 0 Plans 0 Specifications 0 Change Order o Disk 0 Thermal Plot 0 Other: 16A3 IEnER OF TRANSMlnAI Date: 2/21/06 PIN: 03786-420-000 File Designator: ESBM Project Name: Ave Maria Phase One Plat AR-7415 Ref: Bond Breakdown Summary and Bonds o Overnight Express, the following items: o Copy of Letter o Shop Drawings Cooies Date Drawing File No. Description/Sheet Numbers 4 2/20/06 N/A Bond Breakdown Summary for Ave Maria Phase One Plat 1 N/A Bond No. 5021010 for Ave Maria SDP #4. K-12 School 1 N/A Bond No. 5021011 for Ave Maria SDP #3 Town Core & Town Core Roadways/Earthwork 1 N/A Bond No. 5021012 for Ave Maria Oratory SDP 1 N/A Bond No. 5021013 for Ave Maria SDP #1 Utility Site 1 N/A Bond No. 5021014 for Ave Maria SDP #3 Town Core and Town Core Roadways - Utilities 1 N/A Bond No. 5021015 for Ave Maria SDP #3 Town Core and Town Core Roadways - Lighting 1 N/A Bond No. 5021016 for Ave Maria SDP #2 University- Utilities/DPO's 1 N/A Bond No. 5021017 for Ave Maria SDP #2 University - Utilities 1 N/A Bond No. 5021018 for Ave Maria SDP #1 Entry Road and Arc Road - Pavement Section 2 1 N/A Bond No. 5021019 for Ave Maria SDP #1 Entry Road and Arc Road - Pavement Section 1 1 N/A Bond No. 5021020 for Ave Maria SDP #3 Town Core and Town Core Roadways - Pavement 1 N/A Bond No. 5021021 for Ave Maria SDP #1 Entry Road and Arc Road - Storm Drainage 1 N/A Bond No. 5021022 for Ave Maria SDP #1 Entry Road and Arc Road - Potable Water & Sanitary Sewer 1 N/A Construction and Maintenance Agreement 2121/2006- 165621 Va,: 011. GDEOOMIN CA.....J 03786-420-000. ESBM. 30036 Transmittal to John Houldsworth Ave Maria Phase One Plat Bonds 2 2/21/2006 16A3 These are transmitted as checked below: o For approval 181 For your use 0 As requested 0 For review and comment 0 For Bids Due o 0 Prints Returned After Loan To Us Dear Mr. Houldsworth: Please find enclosed four signed and sealed Bond Breakdown Summary, and OPC's the associated performance and Maintenance bonds, as well as an executed CMA for the subject Project. We trust that the enclosed information is sufficient for Final Approval of the Phase One Plat. Please call if you have any questions. Thank you SIGNED 'I C " (I,. . 'l' " I f" l. < _..,,/.7) ~. \ 1,- COpy TO: David Hurst. PE, WilsonMiller, wlo enclosures / Original to Client Giovanna De Dominicis If enclosures are not as noted, kindly notify us at once, Copy to Project File 2/2112006- 165621 Ver: 011- GDEDOMIN e_3 03766-420-(l()O. ESBM. 30036 16A3 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this _ day of ,2006 between Ave Maria Development, LLLP, hereinafterreferred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. The 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 Ave Maria Phase One Plat. -1-1-10 ,......... Chapt~ . of the Collier County Land Development Code requires' the Developer to post appropriate arantees for the construction of the improvements required by said subdivision regulation said guarantees to be incorporated in a bonded agreement for the construction of the required i provements. B. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary sewer system, irrigation and street lighting improvements within eighteen (18) 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 "A" and by reference made a part hereof) in the amount of $24,357,377.47, which represents 10% of the total contract cost to complete construction plus 100% of the probable cost 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 Counl}:. may call upon the subdivision performance security to insure satisfactory completion of the,fequired improvements. ~-~ /~~ 4. The required improvements shall n@teconsideredcomPleteuntila@tmentofsubstantial completion by the Develope s engin e"r: long with the final project rec os ave been furnished to be reviewed and approved by th " mpliance with the Collier County Land Development Code. 5. The substantial completI the improvements; ixty (60) days ofreceipt of the statement of er in writing of his preliminary approval of r in writing of his refusal to approve --- fvtr dL L -~--.. ". .~ dr .I? A- ---'/~L \. ----..-? " 1/1612006- 147053 Ver: OJ!. NPESTELL CAIM3 03786-420-000- ESBM- 291004 .-.-.- ~6A3 ~ 'h}' ci\.. l-:, r , I ose onditions hich the Deve per must fulfill in order , in no event shall the rovements if they are in e requirements of this The Developer shall intain all r quire pro val by th Dev by the Devel per ces I to inspe the required improvement . r or his designee s all in ect the improvements and, . f foun to be still in lance with the Collier County, Land evelopment Code as reflecte by final approval by the Board, the Board shall release e rema ning 10% of the subdivision erformance security. The Developers' responsibility fi r mainte ance of the required improv ments shall continue unless or until the Board accepts intenan e responsibility for and by the ounty. m period of one year After the one-year shall petition the 1 7. Six months after the execution f this Agre ment and once within every si months thereafter the Developer may request the Dev r to reduce the ollar amount of the subdivision performance curity on the basis of work complete. Eac request for a reduction in the dollar amount 0 the subdivision performance security shall be a ompanied by a statement of substantial comp tion by the Developer's engineer together wit the project records necessary for review by he Development Services Director. The 8erviees Dir.ecter may grant the req t for a reduction in the amount of the subdivision performance security for the improvemen completed as of the date of the request. 8. In the event the Developer shall fail or neg ct to fulfill their obligations under this Agreement, upon certification of such failure, the or 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 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. 1/ll1/2OO6. 147053 v., 031- NPESTELL """'3 037l16-42()'0Q0. ESBM. 29104 ORIGINAL DOCUMENTS CHECKLIST & ROUTIN]L~ LI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT A , THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI A a Print on pink paper. Attach to original document. Original <.!ocuments should be hand delivered [0 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 infomlution needed. If the document is already complete with the exec tion oflne Chairman's si nature. draw a line throu"h roulin hnes #1 through #4. com lete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) (Lis! in foutin" order) Office Initials Date 1. 2. (The primary contact is the holder of the original document pending Bee approval. Normally the plimary contact is the person \vho aeateU/preparetl the executive summary. Primary contact information is neetled in the event ont: of the addressees above. including Sue Filson. need to cont:.!ct slaff for Jdditional or missing information. All original documents needing the Bee Chairman's signature arc to be delivered to the BeC office only after the BCC has acted to approve the item.) 3. 4 '7/'4 -eCJ17 J u A I Yes {Initial} N/A(Not A plicable) S. Sue Filson, Executive Manager Board of County Commissioners \j't ;tJ A ~,N'(\t we /V)A J: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9,03.04. Revised 1.26.05. Revised 2.24.05 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Name of Primary Staff Contact Agenda Date Item was A roved by the BCC Type of Document Attached Agenda Item Number Phone Number C-b \ \,;2.<\: UJ0 (,;; Number of Original Documents Attached -4 1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A"]n the NO( Applicable column, whichever is a ro nme. Original document has been signed/initialed for legal sufficiency. (All documems 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 BeC approval of the document or the final ne otiuted 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 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 nullitied. Be aware of our deadlines! The document was approved by the BCC on\ 2.: 0 (enter date) and all cbanges made during the meeting have been incorpora d in the attached document. The Count Attornev's Office has reviewed the chan es, if a Iicable. 2. 3, 4. 5, 6, 16 A ~.. MEMORANDUM DATE: January 30, 2006 TO: Cindy Erb, Sr. Property Acquisition Specialist Real Estate Services FROM: Ann Jennejohn, Deputy Clerk Minutes and Records RE: Agreement for Sale and Purchase between Luis Santos, Jr., Maria Leonor Santos and Collier County Attached is a copy of the document, as referenced above (Agenda Item #16A4) approved by the Board of County Commissioners on Tuesday, January 24, 2006. If you should have any questions, you may contact me at 774-8406. Thank you, Attachment (I) CONSERVATION COLLIER PROPERTY 10 #: 3949D28D003 16AY AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and BETWEEN LUIS SANTOS, JR., a single man and MARIA LEONOR SANTOS, a sin~le woman, as joint tenants with full rights of survivorship, whose address is 80 41 S Avenue NE, Naples, FL 34120, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. ' WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be One Hundred Ninety Three Thousand Dollars ($193,000), (U.S. Currency) payable at time of closing. ' III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 1 CONSERVATION COLLIER PROPERTY ID #: 3949D28D003 16A4 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (ALTA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, 2 CONSERVATION COLLIER PROPERTY 10 #: 394902800D3 16A4 which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal de mucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be de9med waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby and against. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. 3 CONSERVATION COLLIER PROPERTY 10 #: 39490280003 16A4 VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2005 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably deterrnined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. 4 CONSERVATION COLLIER PROPERTY ID #: 3949D280003 16A4 At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 5 CONSERVATION COLLIER PROPERTY ID #: 3949028DOD3 16A4 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in th'e facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 6 CONSERVATION COLLIER PROPERTY 10 #: 39490280003 16A4 With a copy to: Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 If to Seller: Luis Santos, Jr. 80 41st Avenue NE Naples, FL 34120 Telephone number: 239-434-7216 Fax number: -1; J A , 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are' for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. . 13.05 All terms and words used In this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 7 CONSERVATION COLLIER PROPERTY ID #: 3949D28DDD3 16A4 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. ' XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated ProjecVAcquisition Approved by BCC:~CJlO IIJ A/<4) AS TO PURCHASER: 'DATED:J ~ ~n - d-OOlo - ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~:. CLuu ~~~ {J.(. : '., eputy Clerk .~ II W! C1111n1in , t , Ifonltnoill. ~~ BY: -"" FRANK HALAS, CHAI 8 CONSERVATION COLLIER PROPERTY ID #: 39490280003 AS TO SELLER: DATED: 12.\!k)2.oo5' WITNESSES: ',- (s~nature) 0t0J),A-- SUSCUiC:f1 (Printed Name) (# /fl. 4 (Signature d Approved as to form and legal sufficiency: ~..flrlA-- ~ ~ Ellen T. Chadwell Assistant County Attorney 16A4 L~ 'LUIS S NT ,R. '""" ".~ ~ ~ ~~ S~~ MARIA LEONOR SANTOS 9 16A4 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39490280003 LEGAL DESCRIPTION: THE EAST ONE HUNDRED EIGHTY (180') FEET OF TRACT 6, UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. MEMORANDUM Date: February 23, 2006 To: Mike DeRuntz, Planner Zoning and Land Development From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Resolution 2006-12 "Fast Track Program" Enclosed please find one (1) copy of the documents, as referenced above, (Agenda Item #16A5), adopted by the Board of County Commissioners on Tuesday, January 24, 2006. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure 16A5 . ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 5 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 dowment is already complete with the exec tion of the Chainnan '5 5i nature, draw a line thrau h routin lines #] throu h #4, com lete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in rautin order ] . Sandra Lea CDES Administration 2. 3. 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 infonnation is needed in the event one of the addressees above, including Sue Filson. need to contact statltor additional or missing information. All original documents needing the BCC Chairman's signature are to be delivercd to the BCe office only after the Bee has actcd to approve the item) 4. 5. Sue Filson, ecutive Manager Name of Primary Staff Michael J. DeRuntz, CF,M" Phone Number 403-2416 Contact Principal Planner, Zoning and Land Dev, Review Agenda Date Item was January 24, 2006 Agenda Item Number 16.A.5. Approved by the BCC Type of Document Resolution Amending Resol0ion ~~409 - Number of Original 1 Attached EDC Fast Track Program 0 -I Documents Attached 6. Minutes and Records Clerk of Court's Office Yes (Initial) N/A(Not Applicable) 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 Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on Januarv 24. 2006 (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. J t1 i!t' !~'iL .' :/1fI JJQ!Z JJd /a oJ-- (JAY- I: Forms! County Forms! RCC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 16A5 . RESOLUTION 2006--.-l2. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPERSEDING AND REPLACING RESOLUTION 05-409, IN ORDER TO AMEND THE PROCEDURES AND THE REGULATORY PROCESS PROGRAM FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED ECONOMIC DEVELOPMENT COUNCIL "FAST TRACK" PROJECTS, AS CODIFIED IN THE COLLIER COUNTY ADMINISTRATIVE CODE. RECITALS WHEREAS, it is the policy of the State of Florida and Collier County to encourage the growth of high value-added employment and the economic base by providing assistance to qualified targeted industries that create high-wage job opportunities; and WHEREAS, the County working with the Economic Development Council of Collier County will promote a "fast track" permitting review and approval program to expedite land use and permitting applications for targeted industries in Collier County; and WHEREAS, on November 29, 2005, through adoption of Resolution 05-409, the Board of County Commissioners established the procedures and the regulatory process program for expediting the development review process for qualified economic development council "fast track" projects; and WHEREAS, following adoption of Resolution 05-409, staff determined that the Resolution contained two, unintended minor errors, and the Board of County Commissioners desires to rescind Resolution 05-409 and have this new Resolution take its place in order to correct the errors; and WHEREAS, these procedures are appropriate for inclusion III the Collier County Administrative Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. This Resolution shall supersede and replace Resolution 05-409. 2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 3. The intent of the Board of County Commissioners is to apply these procedures to development orders or permit applications certified by the Economic Development Council (EDC) of Collier County as qualified for an expedited review and in doing so identify such projects as EDC "Fast Track" projects. Page I of7 16A5 . 4. The Board of County Commissioners' economic development expedited review policy as set forth below is to be included where appropriate in the Collier County Administrative Code and is adopted for immediate use, as follows: A. Purpose/Scope: Establish procedures for expedited reviews of all development orders and permits qualifying as an EDC "Fast Track" approved application. The EDC "Fast Track" expedited preview process for qualified development orders and permits is not intended to otherwise modify or alter existing procedural standards for reviewing development orders and permit applications, including those that do not qualify for EDC "Fast Track" expedited review status. B. Applicability: These procedures apply to the review of all qualified development orders and permits for new and expanding development in Collier County approved under the EDC targeted industry expedited review program. In order to qualify for "Fast Track" expedited review the applicant for a proposed development order or permit must: I. Include an application approved by the Economic Development Council of Collier County and verified by the Director of Zoning and Land Development Review stating that the project has qualified for EDC "Fast Track" expedited review status; and 2. Specifically request EDC "Fast Track" expedited review project status as part of an application for a county development order or permit, as defined in the Collier County Land Development Code (LDC) Section 1.08.02, including but not limited to: rezone petitions, including those for PUD district; Site Development Plans; and Building Permits, including their corresponding zomng, engmeenng, environmental, transportation, and fire code reviews. 3. Qualifying EDC "Fast Track" projects are projects or developments that: a. Create new or expanded businesses that are "Targeted Industries" which are defined as businesses that are aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development County of Collier County, They may include, but are not limited to the following industries: aviation, information technology, biomedical, manufacturing, corporate headquarters, research and development, wholesale trade and distribution, and companies locating or expanding within the Immokalee Rural Federal Enterprise Community. Page 20f7 16A5 . b. Provide 150% or more of the current private sector average wage for projects in High Impact Areas, which is a designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community; or 115% of the current private sector average wage for projects in Eastern Collier County which is defined as that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community; or 50% of the current private sector average wage for projects in the Immokalee Rural Federal Enterprise Community which is that jurisdiction so designated by the U.S. Department of Agriculture as a multi-jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida, pursuant to F.S. S S 290.001 - 290.016. c. Creation of full time jobs at the following levels: a minimum of 20 new full time jobs in the High Impact Areas; or a minimum of 10 new full time jobs in Eastern Collier County; or a minimum of 5 new jobs within the Immokalee Enterprise community. C. EDC Fast Track Expedited Review Procedures. I. EDC "Fast Track" expedited review qualification meeting Prior to an application for a development order or permit being submitted to Collier County for an EDC "Fast Track" expedited review, the applicants or agents must attend a qualification meeting with the Economic Development County of Collier County. Those that demonstrate compliance as defined in B.3. above, will be issued an EDC "Fast Track" certificate of expedited review by the Economic Development County of Collier County. 2. Submittal of EDC "Fast Track" expedited review Application and Certificate. Once qualified, a complete development order or development permit application, including the EDC "Fast Track" certificate of expedited review must be submitted to the Page 3 of 7 16A5 . County for expedited review within six (6) months from date of issuance of the certificate. If a complete development order or permit application is not submitted within six (6) months from the date of issuance of the certificate, the applicant must apply to be re-qualified under 1., above. 3. EDC "Fast Track" expedited review time line for application sufficiency. Complete development order or development permit application submittal packages, once time-stamped by the Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will receive an expedited sufficiency review within two (2) business days as set forth below. a. To be considered "complete" an application submittal package must include all items indicated in the pre-application meeting notes, EDC Certificate, and any and all required documentation as noted on the application checklist. b. The Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will review the submittal package and determine it to be "complete" or "incomplete" at the time the application is submitted. c. An application package deemed "incomplete" will not be accepted and will be returned to the applicant and the applicant will be advised of the deficiencies and will be directed to reapply. With each subsequent completeness submittal, the Department of Zoning and Land Development Review or the Building Review and Permitting Department will determine an application package to be "complete" or "incomplete" at the time of submittal. d. Once an application package is deemed "complete" it will have all necessary data entered into the computer-tracking program noting the EDC "Fast Track" expedited review period: 120 business days for Rezoning Petitions, 60 business days for Plat or Site Development Plans, or 75 business days for commercial Building Permits. If an Environmental Impact Statement is required with the application, an additional 30-45 business day of review time may be required to adequatel y coordinate letters of technical assistance for appropriate state Page 4 of 7 lbA5 . and federal review agencies. These review periods will include all the necessary public hearings; however, they are predicated on the required quorum before the Environmental Advisory Counsel (EAC) and the Collier County Planning Commission (CCPC) and scheduled meeting dates of the Board of County Commissioners (BCC). e. In addition, an EDC "Fast Track" expedited review routing sheet will be completed, attached, and the application package will be distributed for staff review within two (2) business days from sufficiency detennination. 4. Expedited review times for staff EDC Fast Track expedited review projects. a. Review of any development order or permit with EDC "Fast Track" expedited review status will be completed and the appropriate staff reports and approvals completed within 120 business days for rezoning requests, 60 business days for platting or Site Development Plan requests, or 75 business days for residential Building Pennit requests from date of distribution for staff review. b. As may be appropriate, subsequent public hearings before the EAC, CCPC, and the BCC will then be scheduled consistent with paragraph 5 below. To insure that expedited review applications move through the review process in a timely manner, all re-submittals should be provided to the County within 20 business days from posting of final staff review comments on the computer tracking system. As such, the County's 60/l20/75-business day review timeframes will not include any time when the application has been returned to the applicant for corrections based on staff's sufficiency review comments. c. In order to meet the expedited review period, staff revIewers must complete their initial revIew of EDC "Fast Track" expedited revIew applications within fifteen (15) business days from receipt for rezone petitions, seven (7) business days from receipt for platting and Site Development Plans, or 25 business days from receipt for commercial Building Permits. If an Environmental Impact Statement is required with the application, a 30-45 additional business day review time will be required. Review comments will be forwarded via fax or email to the Page 5 of 7 16A5 . applicant and the owner within one (1) working day of when they are posted to the computer tracking system. d. Within two (2) business days from receipt by CDES, any additional information, including any corrected plans submitted in response to the reviewer's comments, will be distributed to the appropriate reviewers. e. Resubmitted information and/or corrected plans will be reviewed under the same procedures until all of the assigned reviewers have approved the development order or permit and final approval is granted by the County Manager or his designee. f. Once an application for a development order or permit has been rejected three (3) times by county staff, the applicants or agents along with the owner or developer and a representative of the EDC must attend a mandatory project review meeting to be held with all county reviewers yet to approve the application. 5. Public Meeting and Hearings. Qualified EDC "Fast Track" expedited revIew projects will be gIven first priority for scheduling of all neighborhood informational (NIM) meetings, development review/pre-application meetings, and public hearings. D. Applicant Requirements. I. Application Agreement. Prior to the submittal of a development permit or order application, the applicant shall sign and enter into an "Application Agreement" with Collier County and the Economic Development Council in order to participate in the Fast Track expedited review program and agree to the terms and requirements of the program, including, but not limited to, the timely submission of all information relevant to the petition and subsequent submittals of information in response to staff reviews. 2. Certification of Compliance. A notarized affidavit from an officer of the qualifying corporation or business shall be provided to the Economic Development Council and the Operation Support and Housing Director of Collier County certifying that the new jobs created, that qualified the new or expanding business for the Fast Track Program, have been created and meet the wage requirements as identified within this Resolution, Such certification must be Page 6 of? 16A5 . received within twelve (12) months of the issuance of the first Certificate of Occupancy for the specified project. 1--6 This Resolution adopted after motion, second, and majority vote this ---d day of /, ~2~6 ATTEST:,' "- ' DWIGRT:E'. BROC-l).,;CLERK .",:' ,-' ~~> "":'J 0,.". ',. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA ,~ -; : . ....- , '.w' ,\ -, "y~~p;0i(~)~O J)Q . 'Antst"::i, to wa~()rf' ItlAlttn only. By: ~>~~/ FRANK HALAS, CHAIRMAN App and Item# L~A6 ~~;;da {-2cf-~ Page 7 of7 J(' 1683 RESOLUTION NO. 2006--1L A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO APPLY FOR A FEDERAL TRANSIT AGENCY SECTION 5310 GRANT, TO REVISE AND EXECUTE ANY REQUIRED DOCUMENT A TION, AND TO ACCEPT, ON BEHALF OF THE COUNTY, ANY SUCH GRANT AWARDED. WHEREAS, 49 U.S.C. 5310 authorizes the Secretary of Transportation to make grants and loans to local government authorities such as Collier County to help provide mass transportation services to meet the special needs of elderly individuals and individuals with disabilities; and WHEREAS, each year, through an application process administered by the Florida Department of Transportation, the Collier County Transportation Disadvantaged program has obtained funds that are used for the purchase of vehicles and for the provision of transportation services to the elderly and disabled residents of Collier County; and WHEREAS, the Collier County Local Coordinating Board (LCB) has requested that the Collier County Board of County Commissioners apply this year for FTA 49 U.S.C. 5310 funds in order to purchase vehicles to transport the elderly and disabled residents of Collier County; and . WHEREAS, the Board of County Commissioners of Collier County, Florida, has authority to apply for and accept grants from the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes, and by the Federal Transit Administration Act of 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Collier County, Florida, that: I. The County Manager, or his designee, is hereby authorized to revise and execute any and all documents necessary to apply for the Federal Transit Administration Section 5310 Grant, including executing the Certification and Assurance to FDOT document, a copy of which documents are attached hereto, to approve any budget amendments necessary to receive these funds, and to accept these funds on behalf of the County. 2. Any decision to tenninate or otherwise not accept the Grant shall first require approval by the Board of County Commissioners as an agenda item. 3. This Resolution shall be effective immediately upon signature by the Chainnan. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2006. ATTEST: DWIGHT.B;:aI~DCK, Clerk ...F".... .. ... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,~ By: Ap Item # l(0133 l-2~P Agenda Date ['~'e t -20 -tip Rec'd ~[) puly Clerk 1687 RESaLUTIaN NO.. 2006-~ A RESaLUTIaN BY THE BaARD aF CaUNTY caMMISSlaNERS, caLLIER CaUNTY, FLaRIDA, AUTHaRIZING THE CaUNTY MANAGER aR illS DESIGNEE TO. APPLY FOR A FEDERAL TRANSIT AGENCY SECTIaN 5311 GRANT, TO. REVISE AND EXECUTE ANY REQUIRED DaCUMENT A TIaN, AND TO. ACCEPT, aN BEHALF aF THE CaUNTY, ANY SUCH GRANT A WARDED. WHEREAS, 49 U.S.c. 5311 authorizes the Secretary of Transportation to make grants and loans to local government authorities such as Collier County to help provide rural transit services; and WHEREAS, each year, through an application process administered by the Florida Department of Transportation, the Collier County Transportation Disadvantaged program has obtained funds that are used for providing rural transportation services to the residents of Collier County; and WHEREAS, the Collier County Local Coordinating Board (LCB) has requested that the Collier County Board of County Commissioners apply this year for FTA 49 U.S.C. 5311 funds in order to help provide for rural transportation services to the residents of Collier County; and WHEREAS, the Board of County COl'nmissioners of Collier County, Florida, has authority to apply for and accept grants from the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes, and by the Federal Transit Administration Act of 1964, as amended. Naw THEREFaRE, BE IT RESaL VED by the Board of County Commissioners, Collier County, Florida, that I. The County Manager, or his designee, is hereby authorized to revise and execute any and all documents necessary to apply for the Federal Transit Administration Section 5311 Grant, including executing the Section 5333(b) Assurance, a copy of which documents are attached hereto, to approve any budget amendments necessary to receive these funds, and to accept these funds on behalf of the County. 2. Any decision to terminate or otherwise not accept the Grant shall first require approval by the Board of County Commissioners as an agenda item. 3. This Resolution shall be effective immediately upon signature by the Chairman. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2006. T........f\ ..""'" ATTESe.. ,.,1..& r" DWIGHTE: BRo.Ck,Clerk '.' ",' BaARD aF CaUNTY caMMISSlaNERS CaLLIER CaUNTY, FLaRIDA " , (t-fX By: ~-->~ Frank al , , __ Item# \(061 Agenda 1-2 tf.-O;0 Date - G','~ 1- Z0 -ci() Reed q,~~~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16Cl Print on pink puper. AUach to original document. Original documenls should be hand delivered to the Board Office, The completed routing slip and original documents are to he forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's silmature, draw a line throuR.h routin21ines #1 throu2h #4, conmlete the checklist, and forward to Sue Filson 1;ne#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 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing 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 Pam Callis Contact Agenda Date Item was January 24, 2006 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached 403-2359 16CI 6 Yes (Initial) N/A (Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes colunm or mark "N/A" in the Not Applicable colunm, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been tully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCe on IJ:a~)OI. (enter date) and all changes made during the meeting have been incorporated In the attached document. The Count Attorne 's Omce has reviewed the chan es, if a licable. VF vF lIf 11( 'If 1/f 2. 3. 4. 5. 6. I: Forms! County FonnsJ Bee Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16Cl RESOLUTION NO. 2006- 15 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 10058 23210 291 1672 7359 This Resolution adopted this dftfLday of ~lAtM..P'~' 2006, after motion, second and majority vote. . >;.. ':~J;"r. . A TTESor.:.."" ..:. ", DWt6H! E., BROck, CLERK 1% ~ ,,,,0 ~~,IlC " M.test'U' to Cha 11"11an ' s APpro~~!~~ fg~~. and legal suff' cy: /I BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA ~~ BY: -,....'::-;- - ./ , CHAIRMAN Item# J(pe,l Agenda I -2~4 Date Date l- 20 -G~ Rec'd __n:lU ~~:;;:~ ... "'" .. _100..... ~o ...... .... _"'0 - ,..,.... ... '" ... '" o ... ~I; '" ... ~ 8 "'" "'" -... -,.., _0 !:::I; -... ~eo g_. c.....JI ~.. -...:J .. ... -...:J ~;;r~ _ CJ"\ ~~~ -...~ i~o ~~ ::;c:lI 1-1 = .. "',.., :::l 0 <--> ... I; '-0 . ~ '" <> -...:J "'" _ r--.> o ,..,,.., .!"'I~~ nE::: C":Ii _aa.. ..."'" i:i:,.., ....... 8~ ==<--> :'" r--.> ... ~ 8~= ....eo,.., -... ... .. ... ~-- -- '" ~ ....~~ C>C>~ C> C> C> OR: 3972 PG: 1533 16Cl This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 00061200001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Allen, Carston=& Debra PO Box 5039 Immokalee, FL 341435039 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 364628 COMM NE CNR SECT 36, W2661.20FT, S992.93FT TO POB,S331.15FT, W332.37FT,N330.98FT TO POB 2.53 AC OR 813 PG 982 Folio No. Project No. Account No. 00061200001 65000 291 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ;<i~ay of tJ'llllj ,2006. .ct:>. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY ~ By' ~ ~_ . CHAI MAN OR: 3972 PG: 1534 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 16Cl Property Folio No. 00135640005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Anderson, David & Annette PO Box 1522 Immokalee, FL 341431522 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 94729 S 215FT OF W1/2 OF NE1/4 OF SW1/4 OF NE1/4, LESS EL Y 200FT .64 AC OR 1413 PG 2349 Folio No. Project No. Account No. 00135640005 65000 1672 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs executipn and recording of this Satisfaction of Lien, by action of the Board thi&-~'1jay of ~,'~_UM't- , 2006. '~\: ;'J' .!L BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~A By: ~-.;> ~ CHAIRMAN - OR: 3972 PG: 1535 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 16Cl Property Folio No. 35753040007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Belyea, Donald F Gerald S Belyea 2001 43rd Ter SW Naples, FL 341166476 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 29 LOT 10 OR 1929 PG 661 Folio No. Project No. Account No. 35753040007 65000 7359 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this dttltlay of ~J' 2006. ATTEST: - ,'. BOARD OF COUNTY COMMISSIONERS DWI~HT~. BRO'<%"CLERK COLLIER COU~Y~ ~.~ lD, .Q~fr~ WO,J!QBy: ~ a'./ '~tes~ IS ~~, ~<il rtIIdn . !o CHAIRMAN Appr$,f9dd8ltefarr~ and le~"al~$ufficiency :<:"'S~~ f ROBERT ZACHARY OR: 3972 PG: 1536 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 16Cl Property Folio No. 36382920005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Yousko, Daniel A=& Debra F 2201 52nd Ln SW Naples, FL 341166833 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 PART 1 BLK 218 LOT 14 OR 1584 PG 1315 Folio No. Project No. Account No. 36382920005 65000 10058 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs e::;,?ft.ion and recording of this Satisfaction of Lien, by action of the Board thi Iday Of~<-'()4-d' 2006. AmSr- OWlC..jiT E\BROCK, CLERK . . I"~ " ~, \~~'~\~~~,JlC b ,~t 0 ,. ., ~M~rm '."". -..' r.','... and'legal: sufficiency 2R'f~~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~A By: ~> ~ CI1AiRMAN *** OR: 3972 PG: 1537 *** This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 16Cl Property Folio No. 62641960000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Corner, Vernon C=& Doris W 637 95th Ave N Naples, FL 341082454 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 3 BLK 32 LOT 16 OR 1083 PG 1138 Folio No. Project No. Account No. 62641960000 65000 23210 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~"day of r1Ul.4-1-1t 2006. ATT":C,],: '.,c,:< ,~..("" DWJGH. LBROCK, CLERK ,:'/. ~'}1;:/:;~ ~ ~. . s.'~: o~ 4 I'Il4II ",Lt Ap (~~~ilrl' and le9C:l1 SUffipiency ".~ ~ R BERT ZA RY BOARD OF COUNTY COMMISSIONERS COLLIER COU~,~ By: ~ ~.......... CHAIRMAN ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C 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 bl;' hand delivered to the Board Otlice. The completed TOuting slip and original documents are to be forwarded to the Board Ofticc 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. lfthe document is already complete with the excention of the Chairman's simature, draw a line through routin2lines #1 throU2h #4, comolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order' I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the Bee Chainnan's signature are to be delivered to the BeC office only after the Bee has acted to approve the item. Name of Primary Staff Pam Callis Contact Agenda Date Item was January 24, 2006 A roved b the BCC Type ofDocurnent Attached Phone Number 403-2359 16C2 17 Yes (Initial) N/A(Not A licable) Agenda Item Number Number of Original Documents Attached -UF ilF -OF 11F 1JF iJF 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a r riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exc 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 docurnent 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 ature and initials are re uired. In most cases (some contracts are an exception), the original docwnent 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 I/;J.., In'- (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 licahle. 1: Forms! County Formsl Bee Forms/Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 16C2 RESOLUTION NO. 2006- 16 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 1685 3515 4459 5461 10906 11154 16434 16463 24756 25001 25658 29706 6460 7809 27135 27627 This ~esolution adopted after this ~ay Ofrrj4A-Lb./~t, 2006 after motion, second and majorIty vote. ..._n:::o "-= I:""" CD ...==s- _:::0..... ~ C> -...... ~... C> - Q;;1l .. ... C> ... -,., ... 0 = ... ~ C> C> ,., ~= _n '_ C> ~~ - .. ~o ~_. """'" ~ '" -..J ... ~ -..J r"'" ;:r ..c:. ~ 0"'> ~~~ ~=~ ...n -t;: Qc ~~ ::x:t ~ =:.... =n ....~ c.......> ~~'-O ... <> -..J ,.,~~ C> nn !""~~ n ~ Ci)I I:"'" _ ...... ... ,., ,., ...n~ gU"l ~~ :'" U"I - ~ 8;:= ..on - .. ....- - -.. '"' .. '" - -~- ~~- ~~~ ~~~ ATTEST;,:," . DWIGJt1T:E.BROGK, CLERK ~~a~ . ,,'. ," , r.r r~test as t8J'Ctia h'UR ! ~ - Apprllt ~ and I, a ".w:','. ~ bD vid C. Wei el County Attorney BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~>-;:;]~ ..,. CHAIRMAN \/. 2- Item # lJ!.e Agenda 1# Z. 4 -D ~ Date Date \#&6-6~ ~ V etW,~L tyClerk This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 OR: 3972 PG: 1516 16C2 Property Folio No. 00135640005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Anderson, David & Annette PO Box 1522 Immokalee, FL 341431522 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 94729 S 215FT OF W1/2 OF NE1/4 OF SW1/4 OF NE1/4, LESS EL Y 200FT .64 AC OR 1413 PG 2349 Folio No. Project No. Account No. 00135640005 66000 1685 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~"day of (,14i.A.-UJA1' 2006. ATTEST: DWIGHT E. BROCK, CLERK P-\n' ' .0.. .{f! ~'I Attest.s to 4 . A ~Wto<lGl}1't1 and legal sufficiency iO/'~ ~ David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUN~ ~ .../' By: ~ ~.../ CHAIRMAN OR: 3972 PG: 1517 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 16C2 Property Folio No. 00768120002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Samudio, Antonio 15029 Oak Tree Dr Naples, FL 341148904 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 20 51 27 NW CRN SEC 20, S 209.84FT, E 272.35FT TO POB, S 135.0FT, W 60.0FT, N 135.0FT, E 60.0FT TO POB OR 1134 PG 2213 Folio No. Project No. Account No. 00768120002 66000 3515 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs ex~~tjOn and recording of this Satisfaction of Lien, by action of the Board this fl'day of C}'URu' CLd, 2006. i/ ATTEST: '" , DWIGHTE- BROCK; CLERK , ;,....',",. '1 . ",.-". By: CHAIRMAN ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 OR: 3972 PG: 1518 16C2 Property Folio No. 23945657003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Medley, Timothy R PO Box 9554 Naples, FL 341019554 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BERKSHIRE LAKES UNIT # 4 LOT 19 Folio No. Project No. Account No. 23945657003 66000 4459 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execut.ion and recording of this Satisfaction of Lien, by action of the Board thiSr~'day Of~ 1J!.LI {J./V-t . 2006. ( I ATTEST DWIG~fr E. BROCK, CLERK .a1~\1.l,l j f:rl' 'I" ex, ',. n.;'ri,'.\,-t\.~~n r fY ~~ Aprt~.Mm and I~ga~suff~ency ~Q~~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU;;'Y ~ By: ~ ~/ CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 OR: 3972 PG: 1519 16C2 Property Folio No. 26530720009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Fergunson, Patricia R Nancy E Mills 4482 Burton Rd Naples, FL 341044766 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COCONUT CREEK UNIT 3 BLK BLOT 6 AND W 4FT OF LOT 7 Folio No. Project No. Account No. 26530720009 66000 5461 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this :tf...~ay of CJL~ Luat ' 2006. ATTEST:" , , DWlGHI E. BROCK. CLERK '''~,G~,,<:.. ,a. '""'lj tIS' . ~~t.l'1rm andlegalspffldency . ~ ~/ ..f David C. eigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU~'~ By: ~ ~~ CHAIRMAN OR: 3972 PG: 1520 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 16C2 Property Folio No. 30681240000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gonzalez, Margarite 1405 Apple St Immokalee, FL 341422128 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: EDEN PARK BLK 2 LOT 3 Folio No. Project No. Account No. 30681240000 66000 6460 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this.:1i!?Jay of (,y"A,~U..M..,LI/, 2006. , I ATTEST:' ,,", BOARD OF COUNTY COMMISSIONERS ". ,. " DWIGHt!;. BROCK, CLERK COLLIER COUNTY, FLORI , ... j .',. ~. . .; ,. : ~. , 11. By: CHA A 'Bl>A~ m'l6't.'11 and r~ls4ffiC.i!;}~cY "~'."'...~ !Z- ~ 1'00"" C. W 'gel County Attorney OR: 3972 PG: 1521 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 16C2 Property Folio No. 35753040007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Belyea, Donald F Gerald S Belyea 2001 43RO TERR SW NAPLES,FL 341166476 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 29 LOT 10 OR 1929 PG 661 Folio No. Project No. Account No. 35753040007 66000 7809 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thi~-PlClay of 'Jl,z,Uu<."if- 2006. ~ "";,' 'i" ATTEST~ -'. ' DWIGHT E. BROCK, CLERK ~~~~~~~pjOl Appll,9@~cfflMn and legal. sufficiency rs::2:,: ______7 County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU~ ~ By: ~ ~/ CHAIRMAN OR: 3972 PG: 1522 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 16C2 Property Folio No. 36382920005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Yousko, Daniel A=& Debra F 2201 52nd Ln SW Naples, FL 341166833 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 PART 1 BLK 218 LOT 14 OR 1584 PG 1315 Folio No. Project No. Account No. 36382920005 66000 10906 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisc14 MClay of (f-MJ.-'-"-d ' 2006. , An~S'L"" '..' DWIGHT E. B~O~K~CLERK ~"'" " ,test' ,~~\to a lrllldn ' s A .~~.tGIlfbtm and legaf.suffldency h'D~~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU;V ~ By: ~ -?~/ CHAIRMAN OR: 3972 PG: 1523 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 16C2 Property Folio No. 36441800008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Siebold, Karen Jack F & Kathryn Bensen 5289 28th PI SW Naples, FL 341168001 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 7 BLK 243 LOT 18 OR 1362 PG 116 Folio No. Project No. Account No. 63441800008 66000 11154 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .;;+kiaay of (fA~' 2006. .1, ...,'j.;. ,J"," A TTE&:f:, . , DWIGJrlT ~. BROCK, CLERK ,~::Q~~on,~ ~ J.s.." p'UR S Ap~~i~. t9JlItItm' and legal sufffCiency ~~ ~/~ r avid C. igel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY ~ By: ~~ ~/ CHAiRMAN OR: 3972 PG: 1524 16C2 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 39382880003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Schmidt, Kenneth M & Cheryl 21118th St SE Naples, FI 341179464 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 51 N 105FT OF TR 25 Folio No. Project No. Account No. 39382880003 66000 16434 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this lJ!!.'day of fY /)0 I ,l.ut ' 2006. ATT--Esf; " , DW1~HTE.~RO~K, CLERK ~~'i{)j ,Q~~dD.~ _c ttMt a~: t.o '. a fl'1lan ' , A~~.~lt'Jrm and 16ga)",suffitiency fbgc5~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,~ By: ~> ~/ CHAIRMAN OR: 3972 PG: 1525 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 16C2 Property Folio No. 39385760007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Martin, Dallas L=& Rhonda M 480 18th St SE Naples, FI 341179406 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 51 S 180FT OF TR 51 Folio No. Project No. Account No. 39385760007 66000 16463 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this t)'1!:itJay of 'if Ii J {1:I1'0' 2006. ATTE"''''''''''''' ..., "'-/"1\........ DWiGHT 1::. BROcK. CLERK ,.' .-, . ~,' .,'~ _tust 41 tQcitd I nnao . , PI. .' tuP\ i8Jl1rm and legalsUfflciency ~yi~ {'DaVid . W . er County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY ~ By: <::::::-'> ~ ~ CHAIRMAN - OR: 3972 PG: 1526 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 16C2 Property Folio No. 62254880001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Leal Jr, Abelino=& Sylvia A 5241 Mitchell St Naples, FI 341137867 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR LAKES BLK 6 LOTS 31 AND 32 Folio No. Project No. Account No. 62254880001 66000 24756 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ilay of .J ,;1,.a"~ 2006. q: ATTE.ST:::' "., . DVVlGHTE. BR,OCK, CLERK '-CW"" ~tI ~n(\ Ct ~t as'~ Ap ~~cf3h'l' ~'moy ~7 ~ ~David C. W el County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUN:';" ~ By: ~ ,~~/ CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 OR: 3972 PG: 1527 16C2 Property Folio No. 62264920003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Grant Jr, James Joseph 5409 Trammel St Naples, FI 341137862 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR LAKES BLK 15 LOT 3 OR 1523 PG 1622 Folio No. Project No. Account No. 62264920003 66000 25001 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this,)~#(jay of /1/11-L~J ' 2006. iJ A TTESr ' DWIGf'lT t.BROa:K';C~ERK BOARD OF COUNTY COMMISSIONERS COLLIER COU;'Y~ By: ~ _r~/ CHAIRMAN OR: 3972 PG: 1528 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 16C2 Property Folio No. 62641960000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Corner, Vernon C=& Doris W 637 95th Ave N Naples, FI 341082454 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 3 BLK 32 LOT 16 OR 1083 PG 1138 Folio No. Project No. Account No. 62641960000 66000 25658 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~taay of (Y,uu,.u..u '(/ , 2006. 1) ATTEST; .. DW~"AtE:'BR~K, CLERK ~~Q-a~~ n~ .-':,"1" ',.'a-" _ l~ ,Attest 1S~9 a Tllldn , App__Wt:>~h'l1 and 18001 suffi-Ciency C/.,.,.,' ~ 2~~ --- / tfdi.. c ;,., County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU~,~ By: ~ r;;~ /' CHAIRMAN OR: 3972 PG: 1529 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 16C2 Property Folio No. 63505000005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Dales, Dustin M 3586 Croton Rd Naples, FI 341044091 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES VILLAS BLK H LOT 11 + E 35FT LOT 10 Folio No. Project No. Account No. 63505000005 66000 27135 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ay of ''111 J r DJ ' 2006. ATTEST: . DWIGH'iEBRGCf<.. CLERK ~ ~~SZg'~a~}~~ ( \Cr Ap~Ql\_IM~r'Ir1 and r;,;",,'''' Isufficie ncy ~',,".'''.'~ ~ ' ,.," / t David C. W gel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU~Y~ By: ~ ~../ CHAIRMAN OR: 3972 PG: 1530 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 16C2 Property Folio No. 64920680009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rice, Charles E Graciela C Gonzalez 1609 Lake Trafford Rd Immokalee, FI 341422605 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM EST LOT 8 OR 1468 PG 1838 Folio No. Project No. Account No. 64920680009 66000 27627 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ;NI:?Jay of ~101 ~t-'-{"" 2006. J ATTEST: . OW I G,HT E. BROCK, CLERK ~,::-:'"i'o. ~Attest nta. Chi trll4n', A ' __~hn an<tJ~g~I..SU#id~ncy .-----7 t'7.?:2.~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU~,~ By: ~ ~/ CHAIRMAN *** OR: 3972 PG: 1531 *** This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Property Folio No. 68342560004 16C2 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wilson, Roy G=& Susan E 68 Isle of Saint Thomas St Naples, FL 341149402 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PORT AU PRI NCE L T 68 OR 1357 PG 491 Folio No. Project No. Account No. 68342560004 66000 29706 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board thisS-lI' "'?day Ofi.f JU,.a:/T ' 2006. ATTEST: DWIGHTE..B"R:OCK, CLERK ~. ,..,~C\~C\,tt :. nest as Ql Cha I raldn . S . . III ~litItt.Jrflptm an~6;J~~~ls,u,ffiGi~r.1CY ~ ,:." ~ ( I ~ (lDavid C. W . ~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU~'~ By: ~ ~~ CHAIRMAN ORIGINAL DOCUMENTS CHECKLIST & ROUTI~~D2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE"'iIt?iTD THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE 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 exee tion of the Chairman's si ature, draw a line throu h routin lines #1 thrall #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (Ust in routin order) PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the 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 roved b the BCC Type of Document , .c:- Attached ';,J I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a lic,able. "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! Tbe document was approved by the BCCon . (<mterdate),and allcbanges made during tbe meeting bave been incorpo ated in the attacbed document. Tbe Count Attorne 's Office bas reviewed tbe cban es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. f1ff fir .14. ""'. ,1-'.. I: Formsl County Formsr~CC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ~~~li"~~~~') ~,. " . 'd ~~ ,J&-"\I;,-,..,:,.~~. ..._~~.~~~;:.. >000( 16D2 WILLIAM MORRIS AGENCY, LLC .M~rlT MID lllEFARV AGPlr.'r' 1600 Division St., Suite 300 ~ Nashville, TN - 37203 Telephone: 615.963.3000 - Facsimile: 615.963.3090 RIDER AlTACHED HERETO HEREBY MADE A PART OF TillS CONTRACT AMERICAN FEDERATION 01<' MUSICIANS AGREEMENT NO.2 TillS CONTRACT for the personal services oCthe musicians on the engagement described below is made OCT 1205, between COLLIER COUNTY PARK & RECREATION DEPARTMENT/Steve Carndl, Purchase DiT., hereinafter referred 10 as "PURCIIASER", and TilE C1IARLlE DANIELS BAND, hereinafter referred to as "ARTIST", whose services are furnished by CDB, Inc., hereinafter referred to as "PRODUCER", It is mutually agreed between the parties upon all the terms and conditions herein set forth, including those on the reverse side hereoFenlitled "Additional Tenns and Conditions," as Follows: I. Place of Engagement: Vineyards Community Park 6231 Arbor Boulevard Naples, FL Scaling: 12,OOO@ $ 18.00 Capacity: 12,000 Gross Potential: $216,000 Tax: 0.00000 Nel Potential: $216,000 (Not to exceed) OulJour Show/Covered Stage Rain or Shine Showtime & schedule approximale. 2. DATE(S) OF ENGAGEMENT, Sat MAR II 06 - Ad Brenk: February I. 2006 Ticket price approximate and subject to change. TUA Support The Charlie Daniels Band - to close - a. Number of Shows: b. Time ofShow(s); 8:00 PM c. Lenglh of Each Show; 75 minutes 3. BlLLlNO: (In all Fonns of advertising) Artist shall receive 100% Sole Headline Billing 4. FULL PRICE AGREED UPON: $ 35,000 (Thirty Five Thousand) FLAT GUARANTEE Purchaser 10 provide and pay For sound, lights, backline, and staging as required by Artist. Purchaser 10 contact Paula Szcigis al COB, Inc. al - 615. 443-2112 regarding all advertising. Artist agrees not to perfonn at any publicly advertised engagement wilhin a 100 mile radius, 90 days prior to and 30 days following this engagement Purchaser shall provide and pay for all terms and conditions cOlllained in Artist rider attached hereto. All Accommodalion and Travel arrangement" are subject to PRODUCER's prior approval. Merchandising Rate(usell) 0.2000 Merchandising Rale(neg) Arti.'it Sells (lDUf)' C~( ll- 5. All payments shall be paid by PURCHASER in US funds by C1ERHHEI1 UI e,\81~'B CCIt;;r>v nr rAcH 8S follows: a. NO DEPOSIT is required. b. FVll PA YMENT in the amount of$35,000 shall he paid to and in the name of the PRODUCER: COB, Inc. f/s/o THE ClJARlIE DANIELS BAND not later than immetli,ltcly prior to the first pcrfunllancc. c. Earned percentages, overages andlor bonuses. if applicable. are (0 be paid to PRODUCER by CASH ONLY immediately following the last show. d. In the event the FUll PRICE AGREED UPON to be paid by PURCHASER DOES NOT include percentages or overages, and the actual gross bOil office receipts from the engagement exceed the gross potential as stated in Paragraph I. hereinabove, such amounts shall be paid in full to PRODUCER in CASH ONLY, immediatcly following the last perfOlmance. ADDITIONAL TERMS AND CONDITIONS CONTINUED ON PAGE TWO. IN WITNESS WHEREOF, the parties hereto have hereunt<:o set their names and seals on the day and year first above written. ..""".....~..'"-'~,l:'>.~:,;., AJ"J'EST:\ ,'.,'" CDB,Jnc. oy' fED II) 62-tl968963 oj B,lnc. 706 ,entral Pike non, TN 37090-8019 1129570 Item# \~ Agenda r-Z +01.0 Date Date Z~I ~Dlp Rec'd 62-tl968963 INC.;,\ttelltJOll\X,'ilsOll (. 6. Whenevn the tenn -Federation- is used herein it shall mean the American Feeeration of Musicians of the United States and Canada. Whenever the term "local Union" 1$ used herein It shall mean the local Union of the Federation with jurisdiction over the territory In which the engagement covered by this contract Is to be performed, 16D2 7. No p8ff0nnance of the engagement shall be recorded, reproduced, or transmmed from the place of performance, in any manner or by any means whatsoever, in the abseoce of II specific written agreement with the Federation relating to and permitting such recording, reproduction or transmission. 6. It Is expressly undefstood by the parties hereto that nelther tha Federation I10f Ihe Local Unkln are parties to this contract In any capacity except as expressly provided in 7 above, and therefore. neither the Federation nor the local Union shan be liable for the performance of breach of any provision hereof. 9. A representative of the Local Union, or the Federation, shall have access to the pace of engagement covered by the contract for purposes of communicating wittlthe ARTlST(s) perfonning the engagement and ttla PURCHASER ADDITIONAL TERMS AND CONDIT IONS: 1 PURCHASER agrees to furnish and pay for at Us own axpense (a) on the date and at the time of the P8fformance(s) above-mentioned all that is necessary for the proper presentation of the entertainment presentation, including without limitation a suitable theatre, haD, or audtlorium, well-heated, ventilated, lighted, clean and in gOOd order, stage curtains, properly tuned grand plano(s) and pubtlc address system in perfect Working condition Including microphone(sl in number and Quality required by PRODUCER, dressing rooms, an necessary electricians and stage hands, all Hghts, tickets, house programs, ~s {;~~I,,'" 8 '1 .fur f>;' r 'lJ ';011 1i;.F1,e-., special police, ushers. ticket sellers, ticket takers, appropriate end suffident advertising in the principal newspapers, (b) all muslc royalties In connection with PRODUCER's use of musk:, and in addition, the costs of any muslclans (Including Contractor) oth8f than !I10SB furnished by PRODUCER as part of PRODUCER's regular company, (c) al amusemeol taxes, (d) if PRODUCER so requires, all necessary facilities, alectrlcians, stage hands and other personnel for lighting and dress rehearsals, and (a) all other Items and personnel, Including but notllmlled to any and all personnel, including musicians, as may be requIred by any national or local unions, raqulred for the proper presentation of the entertainment presentation hereunder, and any rehearsals therefore, except for those items and personnel which PRODUCER herein specifically agrees to furnish PRODUCER shall have the right to name the local music contractor and to approve the musicians hired locally. 2. In the event of sickness or of accident 10 ARTIST, or if a performance is prevented, rendered impoasfbIe or Infeasible by any act or reguJation of any public authority or bureau, civil tumult, strike, epidemic, Interruptlon In or delay of transportation services, war conditions or emergencies or any other similar or dissimilar cause beyond the control of PRODUCER, It is understood and agreed that there shall by no claim for damages by PURCHASER and PRODUCER's obligations as to such performances shalt be deemed waived, In the event of such non-performance for any of the reasons stated in this paragraph, if ARTIST is ready, willing and able 10 perfonn, PURCHASER shall pay the full compensation hereunder, otherwise, the monies (if any) advanced to PRODUCER heftiunder, shall be returned on a pro-rata basis 3, Inclement weather rendering performance impossible, infeasible Of unsafe shall not be deemed a force majeure event and payment of the agreed upon compensallon shan be made notwithstanding. If PURCHASER and PRODUCER disagree as to whether rendiUon of performance(s) Is Impossible, Infeasible, or unsafe because of inclement weather, PRODUCER's determination as to performance shall prevail 4. In the event PURCHASER refuses or neglects to provide any of the Items or to perform any of Its obligations heretn stated, and/or laRa to make any of the payments as provided herein, PRODUCER shall have the right to refuse 10 perfonn this contract, shall retain any amounts theretofore paid to PRODUCER by PURCHASER, and PURCHASER shall remain liable 10 PRODUCER for the agreed price herein set forth, In addition, If, on or before the date of any scheduled performance, PURCHASER has faUed, neglected, Of refused to perfonn any contract with any other performer for any other engagement, or If Ihe financial standing Of credit of PURCHASER has been Impaired Of Is In PRODUCER's oplniqn unsatisfactory, PROOUCER shall have the 'right to demand the payment of the guaranteed compensation forthwith. If PURCHASER fails or refuses to make such payment forthwith, PRODUCER shalt have the right to cancel this engagement by notice to PURCHASER to that effect, and to retain any amounts theretofore paid to PRODUCER by PURCHASER and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth 5. The entertainment presentation to be furnished by PRODUCER h8f8under shalt receIve b~llng In such order, fonn, size, and promlnence as directed by PRODUCER to all advertising and publicity Issued by or under the control of the PURCHASER. ARTIST's name of likeness may not be used as an endorsement or indication of use of any product or service nor in connection with any corporate sponsorship or tie-up, commercial tie-up or mercl1andising without PRODUCER's prior written consent 6. PURCHASER shalf not itself, nor shall it pennll others to record, broadcast or televise, photograph of otherwise reproduce the visual and/or audio performances hereunder, or any part lh9reof. 7. PRODUCER shall have the exclusive right to sell souvenir programs, ballet books, photographs, recon:ls and any and all types of merchandise InCluding, but not limited to, artldes of dothlng (I.e. T.shlrts, hats, etc.), posters, slickers, elc., on the premises of the place(s) of performance without any participation In the proceeds by PURCHASER subject, however, to concessionaire's requirements, If any. 8. Unless stipulated 10 the contrary In writing, PURCHASER agrees that PRODUCER may cancel the engagement hereunder without liability by gIving the PURCHASER notice thereof at least thirty (30) days prior to the commencement date of the engagement hereunder. PRODUCER shall also have the right to teminate this agreement wllhoutllabilily In the event PURCHASER fails 10 sign and retum this contract wit/'lin 10 days. 9_ PRODUCER shall have exclusive control over the production, presentation and performance ollhe engagement hereunder' Including. but not Nmited to, Itle details, means and meltlods employed In fulfilling each obligation of PRODUCER hereunder In aU respects_ PRODUCER ~haJl have the sole righi, as PRODUCER may see iii, to designate and change at any tkne the performIng personnel other than the ARTIST(s) specifically named herein 10_ PURCHASER agrees (a) to comply promptly with PRODUCER's directions as to stage sailings fO{ the performanCil(s) hereunder, (b) that no performers other than those to be furnished by PRODUCER hereunder will appear on or in connection wlth the engagement hereunder, (c) that no stage seats are 10 be sold or used without PRODUCER's prior written consent, and (dlthat the entertainment presentation will nol be included in a subscription or other type of series without the written consent of PROOUCER 11. It Is agreed that PRODUCER signs thls contrael as an Independent contractor and not as an employee. TNs contract shall not, In any way be construed so as to CfElate a partnership, Of any kind of Joint undertaking or venture between the parties hereto, nor make PRODUCER liable In whole or in part for any obligation that may be incurred by PURCHASER in PURCHASER's carrying out any of the provisions hereof or otherwise. 12. Nothing In the agreement shall mqulre the commlss!on of any act contrary to law or to any rules or regulations of any union, guild or shnllar body having jurisdiction over the services and personnel 10 be furnished by PRODUCER to PURCHASER hereunder, If there Is any conflict between any provision of thts agreement and any law, rule, or regulation, such taw, rule or regulation shall preys" and this agreement shall be curtailed, modified, or limited only 10 the extent necessary to eliminate such conflict. PURCHASER agrees to comply with an regulations and requirements of any unlon(s) that may have Jurisdiction over any of the said materials, facilities and personnel to be furnished by PURCHASER 13. In the event of any Inconsistency between the provisions of this contract and the provisions of any riders, addeoda, exhlbRs or any other altact1ments hereto, the parties agree that the provisions most favorabte to PRODUCER and ARTIST shall conlrol. URCHASER hereby Indemnifies and holds PRODUCER and ARTIST, as w ,representatives, prlnclpats, employees, officers and dire m and against any loss, dams e ng reasonable atlorney's fees, Incurred or suffered by or threatened against PRODUCER of ARTIST or a connection with or as 8 rasult of an claim for 800alln u of property damage or oUlerwise brought by Of on behalf 0 person, firm, or corpora on w e engagement, wtI n ce of the ARTIST and/or PRODUCER 15 William Morris Agency, Inc. acts herein only as agent for PRODUCER and Is not responsible for any act ofcommlssion or omission on the part of either PRODUCER, ARTIST, or PURCHASER In furtherance thereof and for the benefit of WI1Ram Morris Agency, It is agreed that neither PURCHASER nor PRODUCER wilt name or Join William Morris Agency as a party in any civil action or suit arising out of, in connection with, or related to any act(s) of commission Of omission of PURCHASER, ARTIST, or PRODUCER. 16, This contract (a) cannot be assigned or transferred without the written consent of PRODUCER,lb) contains the sole 81ld comp6ete understanding of the p.rttes hereto and (e) may not be Im'nd~, lupplementlld, V8ri~, or dlschlrged, except by an InstrufTlllntln wrUlng signed by both parties, The validity, COl'lstrucUon and eft'ect of this contract shall be governed by the laws oflhe State of Tennessee, regardless of the place of performance. THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HISIHER AUTHORITY TO DO SO, . .J'" ';' '('u oc:<::>.<:u:>N WE:I! .. ~"R~u,.-' cc>, .~,c:c I 16AIIITV enD TLIe D;,...,..I::;.."I'''''''' CAIn Di2.f"'t: 1...1 E:~ The terms "PRODUCER," "ARTIST," and .PURCHASER" as used herein shall include and apply to the slnguiar, the plural, end to aD genders. 16D2 THE CHARLIE DANIELS BAND CONTRACT RIDER Ti1e Charlie Daniels Band Office , 7060 Central Pike L.:tJanon. TN 37090 www.charliedaniels.com f!5)443-2ll2 (,,; 5)443-3 ]40 FAX :'r:P-SONAL MANAGEMENT ,__avid Corlew :';m. Inc. : 7060 Central Pike ; c:)anon. TN 37090 . -":-13-2112. ext 115/ fax: 615-443-3140 . cbhr,a:'aol.com ~'()tR MANAGEMENT 11':'::~;::' Evans '~)h. inc. , ~'h() Central Pike ,c""non. TN 37090 -,-'43-2 112. ext 126/ fax: 615-443-3 ]40 , ,,'e:cibebeevans.com ::;;OKING AGENCY ,t::"''',':: Hauser ;iiiam Morris Agency ",or Division Street! Suite 300 """iviile. TN 37203 ,-963-3347/ fax: 615-963-3090 :userrcl!wma.com Revised 5:03:05 PROMOTION/ PUBLICITY/ ADVERTISING Paula Szeigis CDB. Inc. 17060 Central Pike Lebanon, TN 37090 615-443-2112. ex!. 123/ fax: 615--143-3140 paulacdb@aol.com ROAD MANAGER! PRODUCTION Jimmy Burton CDB. Inc. 17060 Central Pike Lebanon. TN 37090 office: 615-746-2244/ fax: 615-746-2179 jimmycdb@aol.com RECORD LABEL Blue Hat Records 615-443-2 112/ fax: 615-443-3140 T: TECHNICAL INFORMATION CAN BE ACCESSED VIA THE iNTERNET AT: ; ..,harliedaniels.com/production 1602 INDEX Pae:e AdvertisinglPublicityfPromotion 2 Tickets 2-3 Payment and Expenses 4 Taxes 4 Insurance 4 Technical Requirements / Parking and Transportation 4-7 Security 7 Merchandising 8 Dressing Rooms/Catering 8-10 Force Majeure, Inclement Weather, Miscellaneous 10- I I Sound Requirements 12 Rental Equipment List 13 Lighting Plot -A vailable at www.charliedaniels.comlproduction Stage Plot, Input List & Monitor Setup -Available at www.charliedaniels.com/production ADVERTISING / PUBLICITY / PROMOTION I. All advertising, publicity and promotion is to read as follows: THE CHARLIE DANIELS BAND 2. Artist will receive 100% exclusive headline billing in all advertising, publicity and promotion for this engagement. 3. Artist's name or logo will not be used to sponsor or be associated with any other commercial production or company, and there can be no commercial signs, banners or advertising materials on or near the stage at any time during this engagement, unless requested or approved by Artist. 4. Purchaser will neither represent nor pennit representation that this engagement is co-promoted or co-sponsored by any third party, commercial product or Sponsor without the express penn ission of Artist. 5. Purchaser understands that no members of The Charlie Daniels Band may be committed for personal appearance or interviews without prior consent from Paula Szeigis. 6. Additional promotional merchandise is available through The Charlie Daniels Band office to Purchaser at cost for contests, giveaways and other promotions surrounding this engagement. Contact Paula Szeigis for price and availability. TICKETS I. All tickets must be printed by a bonded ticket printer and inclu ARLIE DANIELS BAND logo when possible. Tickets must be pri ng Artist's authorized typeset logo, WHEN POSSIBLE, available fr~ Ie Daniels Band office. 2. No tickets will be sol~ocated where stage and equipment obstruct normal eye-level viewing ofR ----;;;;ce. unless OBSTRUCTED VIEW is printed on tickets. Revised May 3. 2 2 16D2 - Purchaser will not discount tickets or offer tickets as a premium without first obtai!}~tten consent of Artist. / Purchaser agrees to distribute no more that one percent (I %) of total cJll1acity of facility as complimentary tickets to each performance. Press, radio and prolTl.0tfonal personnel are to be covered with this allotment. Purchaser will provide Artist wit -h exact list of complimentary distribution. ~) . Purchaser will supply Artist with (40) Forty compli ntary tickets on date of engagement; any ponion unused by Artist may be placed on s~ / The first five (5) rows of the facility must / sold to the general public and not held for special guest or committees. ALL TICKETS ARE TO BE TO UPON ENTRY TO THE BUILDING and stubs retained for inspection by Artist's Rep. LL UNSOLD TICKETS MUST BE RETAINED AND A V AILABLE for countin d verification by Artist's Rep. A. Purchaser agrees have on hand, at the place of performance on the night of the show, all unsold tickets r counting and verification by Artist's Rep. Anist shall be compensated for the differen between the number of unsold tickets on hand and the number of tickets printed a shown by printer's manifest. B. AILticket stubs and unsold tickets must be retained by Purchaser for ninety (90) days from ~ date of this engagement, during which time Artist's Rep will have the right to inspect / Purchaser's books and records to verilY percentage payment. / C. lfPurchaser violated any of the preceding provisions, Artist will assume that Purchaser sold a ticket for each seat and standing room in the facility at the highest ticket price from which the hall was scaled. Purchaser will be liable for all lost, stolen or counterfeit tickets and under no circumstances will Anist assume a loss on these tickets. TICKET COUNTS ARE MANDA TORY AND SHOULD BE REPORTED WEEKLY BY PHONE TO THE CDB OFFICE. Purchaser must have current ticket counts available on a daily basis. in the event Artist's Rep. phones for count. Durchaser agrees to send to the Artist a seating plan with ticket rice break s clearly indicated and a copy of the offi" es 0 the show at least two weeks prior to the date. ,';2e1 May 3. 2005 3 16D2 '.. PAYMENT AND EXPENSES I. Both Artist talent payment and production (if Artist supplied production) payment will be paid at Artist's request prior to perfonnance in the fonn of cash, certified check, cashier's check, university check or money order. Talent and production payment is payable to COB, INe. CDB, INC. FEDERAL I.D. NUMBER IS: 62-0968963 A. When artist makes arrangements prior to each tour for sound, stage lighting, Purchaser agrees to pay the amount specified on the face of the AFM contract for these services. B. In the event payment must be in the fonn of CASH, COB will notifY Purchaser one week prior to engagement. 2. For box office settlement and payment, Artist will need the following: A. Original notarized ticket ma . B. Detailed bo tement. C. vlts of expenses pertaining to this engagement. 3. In the event the tenns for this engagement do not include Artist's percentage participation, it is agreed that non-participation is based on ticket prices and gross potential stated on the face of the AFM contract. Should gross receipts exceed those stated, Purchaser must pay Artist the diffcrence between the stated gross potential and actual gross. 4. Purchaser agrees to furnish Artist Rep, with a complete accounting of all expense ow Artist Rep. to enter the box office at any time to inspect all reco rc ases related to gross receipts for this engagement. A. Only expenses acco e by legitimate notarized bills will be acceptable, HAND 10 BILLS ARE NOT ACCEPTABLE. B. es of all bills are to be given Artist for Artist's files at time of settlement. 5. If purchaser has additional or greater ex en on m e expense rider, the breakeven point ~ nses to detennine the net will not be affected. 6. If an expense or the aggregate total is less than stated 0 I establish net will be reduced acc n er no circumstances will the breakpoint or aggregate total 0 es e increased at settlement. 7. Facility capacity, ticket scale, gross potential and any local or state admission or income taxes which may be assessed Artist on monies earned from this engagement must be clearly stated on the AFM contract Rider C. TAXES 1. No admission tax should be deduct x 0 Ice receipts erore compu mg percentages suc reduction is clearly stated on the face of the contract. Revised May 3, 2005 4 16D2 ~. 2. It is Purchaser's responsibility to inform Artist in writing, prior to tickets going on sale, of any local or this engagement. 3. A statement or copy of the applicab~t be given to Artist Rep. at settlement. 4. Should Purc all to inform Artist of said taxes, it will be the Purchaser's responsibility to ~ald taxes at his sole cost and expense. INSURANCE I . Purchaser warrants and represents that he has and will maintain in force a liability insurance policy with a reputable insurance company licensed to do business in the state in which this engagement occurs and that this policy provides coverage of at least ONE MILLION DOLLARS ($] ,000,000.) for Property Damage and Bodily Injury, including Accidental Death, to more that one person, ONE MILLION DOLLARS ($t,OOO,OOO.OO) for Property Damages. 2. Purchaser warrants and represents that said insurance policy will name Charlie Daniels and C.D.B. INC., their authorized representatives, and employees as additional insured parries for the full period of this engagement, including all rehearsal and post production periods. 3. Purchaser indemnifies and agrees to defend and hold harmless C~els and C.D.B~ INC., their authorized representatives and emplo ee lability, claims demands, actions. damages, costs and ex ay arise from damage to or loss of property, or death because . gagement, not withstanding that said iJtiuries, damages or incidents may used by negligence ofC.D.B. INC., their authorized representatives or employees. 4. Purchaser agrees that two weeks prior to this engagement, he will furnish the C.D.B. office a cenificaie of endorsement naming C.D.B. INC. for the above mentioned coverages. TECHNICAL REQUIREMENTS / PARKING AND TRANSPORTATION f1:Yl HbVA-NLC - TECHNICAL: Purchaser and/or Purchaser Rep. must be at the facility from arrival of Artist's production equipment through load-out. Rep. must have authority to make decisions on behalf of Purchaser. In the event the Purchaser and/or Purchaser Rep. is not present, Artist Rep shall have the authority to make decisions on behalf of Purchaser. I. STAGE: Purchaser is to provide at his sole expense unless otherwise specified: A. Stage Size: 40 feet wide. 30 feet deep, not including sound wings. B. Sound Wings: 12 X 8 each side and same height of the stage. C. Stage Placement: 6 feet minimum clearance between stage and any side obstructions; 30 feet minimum clearance between stage deck and closest overhead obstruction. D. Access To Stage: Artist's equipment must be moved through a doorway at least 8 1/2 feet wide and 10 feet high, and cleared of all obstacles, including ice and snow. E. Construction: Stage and sound wings capable ofsupponing ]25 Ibs. per square foot and surfaces with smooth materials. Revised May 3. 2005 5 1602 r. Stage front and the front and sides of sound wings completely covered, preferably with dark material. G. Toe Board: One, completely around stage and sound wings. H. Stairs: One set, with handrails and step lights, to be offstage USL and in place by stage call. I. ALL OUTDOOR DATES MUST PROVIDE A STAGE ROOF THAT IS: I. Self-supporting 2. 18 foot high clearance 3. Waterproof 4. Sufficiently durable J. For outdoor dates, there must be an adequate supply of a durable, plastic material to cover any equipment exposed to the elements in case of inclement weather. The cost ofthis material is at the sole expense of Purchaser. c HOUSE MIXING PLATFORM: A. Platform Size: 16 feet wide X 8 feet deep X I feet high. B. Location: IN HALL: Approximately 80 feet in front of stage center. IN THEATER: Approximately two-thirds toward rear, center stage (approximately four rows often seats each.) C. Equipment: One (I) 4 X 8 table and six (6) chairs. BARRICADE: Solidly constructed, extending length offstage. no more that four feet high, four feet from stage, attached to the supporting structure of the main stage and sound wings. To be erected only after equipment set- up and removed immediately after show. ELECTRIC: Sound: One (I) 100 amp per leg I 10 volt, single-phase service within one hundred (100') feet of upstage left. Lights: One (I) 200 amp per leg 208 volt, three-phase service within one hundred (100') feet of upstage right. (Sound & Light power must be separate services) LIGHTS: A. Stage Lights (see lighting plot) B. Spotlights: Two (2) super troupers. C. Intercom System: To be supplied by purchaser. D. House Lights: Artist will control all lighting. House light operators are to work under direction of Artist. E. Blackout: Provision must be made for blackout of all existing signs. scoreboards and work lights in facility. qe\'!sed May 3, 2005 6 6. STAGEHANDS: 16D2 Total of eight (8), including loaders for load-in, set-up, tear down, and 10ad-out.All of the above persons are to be able bodied, English speaking, preferably union. adults. NO MINORS. Ifa non-union crew is used by Purchaser, a drivers license or similar identification must be collected by Purchaser's representative before load-in begins. This measure is enforced to assure that the full crew will be available when, and for as long as, required. NOTE: If some unusual situation for load-in & load-out exists, (i.e.. staircases, freight elevators, or ramps) Purchaser shall make arrangements for additional manpower. SPOTLIGHT OPERA TORS: Two (2) qualified and experienced, on headsets at show call. STAGEHANDS ARE NOT TO DRINK ANY ALCOHOLIC BEVERAGES AT ANYTIME THROUGHOUT THIS ENGAGEMENT. 7. RUNNER: Purchaser to provide one runner to assist Artist's crew from Load-In through Load-Out, for internal transportation at Artist's discretion. The runner must provide, or be provided with a vehicle that can comfortably carry four (4) people. 8. OPENING ACTS: Opening Act Rep. must contact Bebe Evans or Jimmy Burton if they will require The COB production (sound, lights, etc.) 9. PARKING AREA: Legal area, sufficient for one (I) 29 foot box truck and two (2) 45 foot buses: cleared at least one hour prior to stage call of all obstacles, including ice, snow and other vehicles. Area must be within fifty (50') feet of the backstage entrance or Artist must be noti fied. 10. GROUND TRANSPORTATION: Artist may require ground transportation to and from hotel and/or airport. Purchaser will be responsible for all ground transportation expenses. II. OUTDOOR DATES: An adequate supply of visquene (or similar plastic covering) must be provided by Purchaser and be on site in case of inclement weather. SECURITY I. GENERAL REQUIREMENTS FOR ALL SECURITY PERSONNEL: A. Must be at least 18 years of age. B. Must be hired specifically as security, not as stagehands, etc. C. Be paid employees and not working as a means of gaining entry to the show. D. Wear identifYing T-Shirts, jackets, etc. E. Not possess any dangerous weapons, i.e., handcuffs, firearms, mace, knives or clubs. Revised May 3, 2005 7 16D2 2. Artist's Rep. reserves the right to demand immediate dismissal or replacement of any security personnel deemed not capable of performing their duties because of drugs or alcohol use, disruptive attitude or use of excessive force. 3. BACKSTAGE PASSES: A. CDB personnel will wear laminated passes allowing total access to facility. B. Artist's Rep. will issue dated stick-on passes to Purchaser, and will inform Venue Security Chief of access allowed with these dated passes. C. NO PASSES ORlGINA TING FROM PURCHASER, VENUE, OTHER CDB SHOWS OR ANY OTHER SOURCE WILL BE VALID. 4. SECURITY ASSIGNMENTS: A. Tuning Room: Security person report to Artist Rep. one (I) hour after load-In to provide security for tuning room only, and remain on duty until released by Artist Rep. Purchaser is solely responsible for property in CDB tuning and dressing rooms. B. Vehicle Security: One (I) armed officer provided from Load-In to Load-Out for security for CDB trucks and buses. C. Show Call: Minimum of six (6) security persons provided for protection of dressing rooms, backstage, stage and mixing platform. Call and release times per Director. D. Overnight Situations: If Artist performs two (2) or more consecutive nights, security guards must remain overnight on stage and in parking area until Artist's production crew arrives the following day. MERCHANDISING I . Purchaser agrees that Artist has exclusive right to sell any and all merchandise bearing the name, likeness and/or performance of Artist lli I ' 0 . , . t 2. Purchaser agrees that his security employees will make every effort to enforce Artist's Federation Injunction restricting sale of unauthorized "bootleg" merchandise. Artist has legal authority to confiscate all such merchandise. 3. Purchaser may buy merchandise from Artist at a reduced cost for promotion of this engagement. (See page 1) DRESSING ROOMS AND CATERING Dressing Rooms: Two (2) clean and comfortable rooms, for tuning and hospitality TUNING: six (6) upright folding chairs (no arms), full length mirrors, eight (8') foot table and private restroom facilities HOSPIT ALlTY: eight (8') foot table, and four (4) chairs Revised May 3. 2005 8 FOOD: 16D2 I. LUNCH: To be served 30 minutes before Load-In for twelve (12) people: Grilled Chicken and Grilled Hamburgers with buns Hot Soup - MUST HAVE! Fresh Green Salad (Mixed Greens!) with fresh vegetable toppings _ MUST HAVE! (I) Variety pack of assorted dry cereals (I) Jar of Peanut Butter and (I) Jar ofJelly (Strawberry or Grape) Wheat Bread, Crackers, Condiments, Chips (I) Gallon of2% Milk Coffee with condiments (2) cases of soft drinks, to include Coke and Mountain Dew GNC Vitamins: Vit C 1000 mg chewable/ Vit E ] 000 units MultiMega Vitamins (COFFEE TO BE SERVED IN A CENTRAL AREA AND REPLENISHED ALL DA Y) 2. DINNER: Hot meal for twenty (20) people. Serving time and menu to be discussed in advance with Artist's production advance personnel. A. Please use china and metal silverware, NO P APERPLA TES, NO PLASTIC UTENSILS B. Local or Regional Specialties are welcome! 3. DRESSING ROOM: To be placed in Tuning Room one (I) hour prior to show time HOT COFFEE with cups, cream, sugar and sweeteners _ MUST HAVE! (2) Cases of assorted soft drinks ~ ~:1) ~;:~ ~\:IRQ6tie beer (3 saaes Btlo L;51.1 i I.; f3:~~ ;00.0 L;glu) (I Q) 1") p<:lr>k In"lF(Wb:"rl hppr - Rp-rh: R~,"~ A Ie, Gl:iI~8S -.-t . (I) Cork Screw N A~ Y1 () /... U2.- (I) B5ltk u[ 5vud W nJlt; lluti1l1dl.:+ 0 fl) Bvtlkv[P;~,pu.lc. (wlt;,,- wi..,,) 1DKfWo t12.Cil)U(}1- t:! ~.:.~~: Lfg~^,.j ",h;t~ n.ifle CharSeflflll;!lI Sau';b"01. BlaRe ('" '"'" (I) ILitle sf gees res n'iR~ M~rl^t Qr Cabel'llct ~ V Ni'1 rv:1 U 1..-1) l... (2) Cases (24 small bottles) Spring Water (2) Six-Packs assorted juices (V-8, Orange, Etc.) and coffee with condiments (4) Quarts Gatorade any flavor (2) Dozen cloth hand towels 4. BUS CA TERlNG: To be delivered to CDB Bus at approx 2:00pm day of show (I) 1/2 Gallon of2% Milk (I) 1/2 Gallon Tropicana Original OJ (I) Pack EACH: Baloney, Ham. Turkey (I) Pint EACH: Chicken Salad and Tuna Salad (I) Package American Cheese slices (I) Loaf Wheat Bread (I) Frosted Mini Wheats cereal (2) Boxes ofN utrigrain Cereal Bars (I) Box Natural Microwave Popcorn ReVised May 3. 2005 9 (2) Assorted boxes oflunch size chips (2) Boxes of Little Debbie snack cakes (2) Bags of miniature candy bars (I) Box of ORBIT chewing gum (I) Small jar of Miracle Whip (2) Cases of small bottles of spring water (24 total) (I) Case of assorted soft drinks, include 12 pack Diet Coke (I) Can of Maxwell House Italian Roast Espresso Coffee (I) Pack of IO-cup coffee filters 16D2 If Artist is to perform two (2) shows, discuss with Artist's production advance personnel regarding additional amounts of the above. FORCE MAJEURE I. If Artist's performance(s) is rendered impossible, hazardous or is otherwise prevented or impaired due to sickness, inability to perform, accident, interruption or failure of means of transporation, act(s) of God, riots, strikes, labor difficulties, epidemics, earthquakes, any act or order of any public authority, and/or any other cause or event, similar of dissimilar, beyond Artist's control, then Artist's obligations with respect to the affected performance(s) shall be excused and Artist shall have no liability to Purchaser in connection therewith. 2. Provided Artist is ready, willing and able to perform la Ie to pay Artist the full contract price plus an e or in the Contract regardless ofthe occurrence of any oft omg events. For purposes of this provision, the term "Artist" shall include A' r any member thereof, INCLEMENT WEATHER 1. Artist's obligations hereunder shall be excused and Artist shall have no liability to Purchaser if Artist determines in good faith that their performance is (or is likely to be) rendered impossible, hazardous or is otherwise prevented or impaired due to inclement weather. 2. In such event (an.-l Retwitll~taRsiflg IlR)"lIiRg te tile 68RtRl'Tl Purchaser .hall r.."'.;n lillbk tv' ~ tor the full contract price plus any percentage monies called for in the Contract. MISCELLANEOUS I. Purchaser will permit no audio and/or visual recording broadcasting or telecasting of Artist's performance and without Artist's express written consent. Artist does not allow any still photos to be taken of Artist's performance unless prior permission has been obtained from management. A. Purchaser is responsible for insuring that no one in the audience is permitted to enter the facility with any means of reproducing Artist's performance. (Audio or Visual or Still Camera) B. Violators will be escorted from the facility and tape, film or disc confiscated. Revised May 3, 2005 10 16D2 2. Artist Rep. must be contacted prior to any stage announcements. Stage announcements must be completed no less that ten (10) minutes before show time. 3. Artist's performance is not to be interrupted by local curfew or building policies. _____ 4. Artist controls house lights. 5. Artist is not responsible for any injuries and/or property damages caused by this engagement. 6. In the event of breach of contract by Purchaser of any terms and conditions contained in this contract, Artist may cancel this engagement with no further liability to Purchaser. Purchaser will be obligated to pay the full contract price to Artist. 7. Artist reserves the right to cancel this engagement not later than forty-five (45) days prior to engagement by notice in writing to Purchaser at address given on the contract. 8. Purchaser warrants that he is of legal age and has full right to enter this contract. 9. It is understood that the ARTIST will be closing the show, unless otherwise specified on the face of this contract. 10. Artist reserves the right to approve all opening acts. SIGNATURES ACCEPTED AND AGREED: \r!,~.q AO:\JlDOFCOUl\:TYcmrM!SSJO 1 :; COLLIER COUNTY, FLORID .(, I"," "I;:lf;_"ll!"',.\ttofnrr BY: :,c,!" I; ljj ,1.l'IlCU COlltraC[; to \'\1LLlAM MORRIS AGENC\', INC.; .\trention \\'ilsoll ARTIST DATE Revised May 3, 2005 11 16D2 THE CHARLIE DANIELS BAND SOUND REOUIREMENTS FRONT OF HOUSE CONSOLE: The console shall have a minimum offorty (40) inputs, VCA's. eight (8) discreeet auxiliary sends. Preferred consoles are Midas XU, or XL4, XL200, Heritage 3K, Yamaha PM4000, PM3500. Semi-pro equipment such as Peavey, Sunn. etc. is not acceptable. 1:01:05 FRONT OF HOUSE PROCESSING: Effects processing shall consist off our (4) digital effects processors. Acceptable units are Lexicon PCM70, PCM80, 480L, Yamaha SPX 1000, SPX990, SPX900. Eventide H3500, TC Electronics M5000, M2000. Dynamics processing shall consist of (I 0) compressorts. Acceptable units are Summit DCL200, DBX, Aphex, BSS or Drawmer. Noise Processing shall consist of eight (8) gates. Acceptable units are Aphex, DBX, Drawmer, BSS or Behringer. One (I) CD player and one (I) cassette deck are also required at FOH. MONITOR CONSOLE: The console shall have a minimum offorty (40) inputs and twelve (12) discreet monitor sends eachh switchable pre- or post-fader. Preferred consoles are Yamaha PM4000M, PM3500M, Midas LX3, LX4, Heritage 3K or Ramsa WRS840 or SX-1. NOTE: The monitor console channels must be dedicated to CDB only. Provisions must be made for othher acts or artists unless otherwise discussed with CDB's Sound Engineer: MONITOR SYSTEM: There must be a minimum of nine (9) biamped matching wedges capable of a minimum of 115 dB @ 7 feet with no distortion. The drummer has a separate mixer at the drum riser for his ears that CDB will provide. CDB also carries a separate split snake that will be used for this mixer's 12 inputs. EQUALIZATION: Main PA equalization shall consist of two (2) 3 I-band 1/3 octave graphic equalizers. Monitor equalization shall consist of twelve (12) 3 I-band 1/3 octave graphic equalizers. Equalizers can eithher be inserted into the main and auxiliary sends or wired directly inline. Acceptable units are KT DN360, BSS and TC Electronics 1128 or comparable. MAIN SPEAKER SYSTEM: Four-way stereo system, capable of reproducing 30Hz to 20kHz, +/-3dB at 110 dB (A-weighted) SPL with no distortion at all seated areas. NOTES: CDB will provide all mics. mic stands, direct boxes and claws for our use only. The sound company must provide stage AC, sub-snakes and mic cables for CDB. Also two system technicians are required for set up, show and tear down. One technician will be required to operate as a monitor engineer during set up and CDB performance. CDB MUST HAVE AND WILL ACCEPT NOTHING LESS THAN 40 INPUTS FOR FRONT OF HOUSE AND MONITOR CONSOLES!!! NO EXCEPTIONS WILL BE MADE! CDB WILL NOT SHARE INPUTS WITH ANY OTHER ACTS ON THE SHOW. SEPARATE CONSOLES SHOULD BE PROVIDED FOR ANY OTHER ACTS ON THE SHOW. Bob Workman - CDB Sound Engineer cell: 6] 5-430-3688 bobcat0604@aol.com ReVIsed May 3, 2005 12 1602 THE CHARLIE DANIELS BAND EQUIPMENT LIST FOR RENTAL SITUATIONS ONLY ( This list is used when the band must fly or other logistical problems) revised 1 :09:05 ITEMS REOUIRED - KEYBOARD (I) Roland 500 (1) B-3 Organ (I) Leslie 122 (I) Sustain Pedal (I) Adjustable drum throne ITEMS REOUIRED - GUITAR AMPS (I) 50 Watt Marshall Amps with 4 x 12 cabinet (4) Fender Twins (I) Eden SOD Bass Amp with (I) Korg or Toneworks, rackmount digital tuner, capable ofa low B (I) Eden 4 x 10 Bass Cabinet (I) Eden I x 15 Bass Cabinet (5) Heavy Duty Tubular, Fret Rest Type Guitar Stands Note: Bring all necessary accessories such as patch cords. speaker cables, guitar cords, AC cables etc... (2) Barstools **FOR TUNING ROOM USE: (3) Small combo amps with (1) 12" speaker, i.e. Gorillas or Peavey Special 150 (I) Small Bass Amp ITEMS REOUIRED - DRUMS PLEASE USE GRETSCH DRUMS AND ZILDJIAN CYMBALS (I) Drum Riser 8'XS'X24" (I) 22" Bass Drums (I) 16" Floor Tom (1) IS" Floor Tom (1) 13" Rack Tom (I) 12" Rack Tom (I) 10" Concert Tom (I) 5" Picolo Snare (2) DW 5000 Bass Drum Pedal (I) 14" HiHat Cymbal With Stand (3) IS" Medium Crash With Stands (I) 20" Heavy Ride With Boom Stand (I) 20" Pang (Chinese, no rivets) (I) Drummers Throne (heavy duty) ALL NEW REMO PIN STRIPE HEADS ATTENTION!!!! CDB MUST BE NOTIFIED IF YOU CANNOT PROVIDE THE TUNERS OR HEAVY DUTY GUITAR STANDS!!!! Uyou need to make substitutions or have any questions please contact: Jimmy Burton at (615) 746-2244 or Bebe Evans at (615) 443-2112, ext. 126 Revised May 3, 2005 13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLl1J6 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT 3 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!!f.!tt the Board has laken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. andl~r information needed. If the document is already complete with the . fth Ch. ,. dra r tIrr h . r #lth h#4 I h h HI df d S Fil (r #5) excepUon 0 e aHman s Sllmature. wa me ougr rounn!:!' mes roll!!: . complete tee ec IS. an arwar to ue t son me Route to Addressee(s) Office Initials Date (List in routim: order) I. 2. 3. 4. I 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the Bee 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 Phone Number 5.)-3 -u'7t:. Agenda Item Number /1 Number of Original Documents Attached .:2. Yes (Initial) N/A(Nol A licable) ~ /1 ,;/~, / 7:;;c"/5",,,,,, ' ,"Of:. '" I: Formsl 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 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 Ihe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the Counly Attorney's Office and signatute pages from contracts, agreements, etc. that have been fully executed by all parties excepl the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the Counly 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 enlered 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 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. 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'" 0:: " 2 '" C 0> '0; <D o ~ o c .Q ~ ~ " W (; ~ c o '0; '" E E o o '" i!! ~ rn o '0; m .~ <s <D > o ~ v; o E ~ .~ o " ~ o Cll ::.:: a:: w ...J U' .~ '0 o a:: lD ~ W ~I- (f,):I: ~~ ceo G Q ~ ~ 1603 ) ;, - ~ .":'--::: , ~ C\ - - =--.. ~ ~ '':) 1 \ '-I ,t 1 1: '" 0: E - '" .c . .... "" ~. Ot;;:' ~.(...aO' ~ ~.. e. (.) oOrI !J. Z-....~. :;:,VJf4 ,0.4" Q)......~, .0......... "". o , N (; N <D rn o 0- W o o roM 0>"- ~~ UJu. WUJ 16E2 MEMORANDUM Date: February 6,2006 To: Michael Dowling, Property Management Specialist Real Estate Services From: Heidi R. Rockhold, Deputy Clerk Minutes and Records Re: Lease Agreement George Vega, Tom Brown, Larry Martin and Jack Stanley aka Palm Lake Investments And Collier County Enclosed please find one (1) original document as referenced above, (Agenda Item #16E2), approved by the Board of County Commissioners on Tuesday, January 24, 2006. Kindly forward same to the appropriate individual(s) for the required signature(s) and return one fully executed original to Minutes and Records, If you should have any questions, please call me at 8411. Thank you. Enclosure( s) 1 , '}] ;'1 j , I .. .~ ;;j "j " .. ~ ,. j ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlP'I 6 E 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only 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 (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the BeC has acted (0 approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved by the BCC JA /-1. Type of Document Attached PRIMARY CONTACT INFORMATION .{( C( (;, ( i' '/(,' -'C /, ~. Phone Number 't 7 ,/ -.., ..) exceotion of the Chairman's si2Ilature, draw a line throulll routine: lines #1 throulZh #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl1 order) 1.~ "--- '-......... 2. ------- ........ -. - -, - , - , 3. -- ...-..... . 4. .... .. .--- 5. Sue Filson, Executive Manager Board of County Commissioners -. '''-'--...... -.~ 6. Minutes and Records Clerk of Court's Office Agenda Item Number J(~ c~:. -.:L ,;) -I, ~::i ';.J (1 (0 / Yes (Initial) N/A(Not A licable) ~ (.c /1 ,) ','. .;:i'1 G, .(.--l.~.--+.: /}( ,'- -'" Number of Original Documents Attached , ,I>J0 /'1 ,ILl " .') /(//] I: Forms/ County Forms! Bee Formsl 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 an 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 oftice within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahas~ee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCe on I -,' / ",. (enter date) and all changes made during the meeting have been incorporated in the attached document. The Conn Attorne's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. 16E2 Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this nnd day of December, 2005, between George Vega, Tom Brown, Larry Martin and Jack Stanley AKA Palm Lake Investments, whose mailing address is P.O. Box 10608, Naples, Florida 34102, hereinafter refcITcd 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 I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described as 2660 and 2666 Airport Road, Naples, Florida 34112, Units 9 & 10, hereinafter refen'ed to as the "Demised , Premises", for the sole purpose of operating a government office. (See Exhibit AI & A2) LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any parI thereof to be used or occupied for any purpose contrary to law or lhe rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years commencing on March I, 2006 and ending February 28, 2008. LESSEE is granted the oplion, provided it is nol then in default of any of the terms of this Lease, to renew samc for one addilional term of one year, under the lerms and condilions as provided herein, by giving written nolice of LESSEE'S intention 10 do so 10 thc LESSOR nol less lhan lhirty (30) days prior to the cxpiration of lhe leasehold estale hereby created. Said nolice shall becomc cffective upon aclual receipl by LESSOR. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon Sixty days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR. LESSEE shall take possession of 2660 Airport Road on March I, 2006 and rent shall be due commencing on the occupancy of that unit only. LESSEE shall then take possession of 2666 Airport Road (Units 9 & 10 - see Exhibit AI & A2) on April 1,2006 and rent for those units shall commence as of the April 1,2006 dale. LESSEE shall not be required to provide LESSOR with any advanced rent such as security deposit or holding rent. LESSEE is tax exempt and shall provide LESSOR with its Tax Certificate showing its exempt status. ARTICLE 3. Rent See ADDENDUM A. 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 (I/30th) of the monthly rental multiplied by the number of rental days of such fractional month. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3 shall be increased as outlined in Anicle 4. ARTICLE 4, Renewal Term Rent 16E2 In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE:> 9MU M 1"~tMSed for the ensuing one year renewal term in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers-United States City Average, all Item-Series A (1982 - 84 = 100), United States Department of Labor had increased for the preceding year. However, in no event shall the annual minimum rent be less than 100% of previous years nor shall any yearly increase be greater than 10%, In the event that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing such Consumer Price Index, In the event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index. ARTICLE 5. Other Expenses and Charges LESSEE shall pay all janitorial services, pest control and utility charges pertaining to the Demised Premises including, but not limited to, charges for gas, electricity, light, heat, air condition, power, water, sewer and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall maintain the air conditioning filters within the Demised Premises, LESSOR shall be responsible for all elements of the maintenance and repair of the building and the Demised Premises not stated above, including but not limited to, plumbing, electrical and air-conditioning systems. ARTICLE 6. 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 prior 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 written rejeclion delivered by LESSOR to LESSEE regarding.said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE may proceed with alterations at LESSEE'S expense. 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 having jurisdiction over the Demised Premises. 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 all such LESSOR designated additions, improvements, alterations, fixtures and installations and return the premises in the condition that was upon occupancy which were placed in, on or upon the Demised Premises by or on behalf of 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, ARTICLE 7, Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral 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 provisions of this Lease Agreement. ARTICLE 8. 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, other than another County agency, to occupy same without the prior expressed 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 2 provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The accentance of ret\t from :any other pargnn 0....41t f4..b" b_ .,1__......._...1 i.... ...... It Y'l'alYI1c of au] of U1C; provIMons or this Lease or to be a consent to the assigrunent ofthis Lease or subletting of the Demised Premises. 16E2 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 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 and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE II. Default bv 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 written notice from LESSEE to LESSOR 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 Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Palm Lake Investments c/o Colonial Square Realty, Inc. P.O. Box 1060S 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, 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, ARTICLE 15. Radon Gas In compliance with Section 404,056, Florida Statutes, all parties are hereby made aware of the following: 3 ARTICLE 17. Radon Gas 16E2 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 fedcral and stalc guidclincs have been found in buildings in Florida. Addilional information rcgarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of lhe Stale of Florida. IN WITNESS WHEREOF, the partics hereto have hereunder sel forth lheir hands and seals. AS TO THE LESSEE: DATED:<J-"IA:c({, 'f ..; 'I ,.)"" v I BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATrEST: " DWIGHTE, BROCK; Clerk .'r ~ _d\f'r ,liflt j,(..U.U 110-- pilty Clerk I ." ~$t IS to,Ch.,inlan's StVAllt!IT~pIll.y. . , ,-"J." BY: ~~ FRA HALAS, - air Jr.- --' AS TO THE LESSOR: DATED: GEORGE VEGA, TOM BROWN, LARRY MARTIN AND JACK STANLEY AKA PALM LAKE INVESTMENTS A TrEST: BY: GEORGE VEGA for Partnership WITNESS (signaturc) print name WITNESS (signature) print name Approved as to form and legal sufficiency: ?\.^^ ?~k ,;' ~ r/ ~~ Thomas C. Palmer, Assistant County Allomey Ilem# I(oEL ~~~;da J -2'-t--ob 4 16E2 Addendum A THIS LEASE AGREEMENT entered into this loth day of January, 2006, between George Vega, Tom Brown, Larry Martin and Jack Stanley A.K,A, Palm Lake Investments whose mailing address is 2660 Airport Road Naples, FL 34112, hereinafter referred to as "LESSOR-, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiarni Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". RENT SCHEDULE March 2006 First Floor Rent $ 9,746,75 April 2006 - February 2007 First and Second Floor Rent $14,912.63 per mo Rent adjustment will be made on March 1st 2007. Additional rent will be adjusted within the first 90 days of the New year or the anniversary of this lease. Article 20.A. OUIET ENJOYMENT Upon LESSEE'S paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on LESSEE'S part to be observed and performed hereunder,' LESSEE shall have quiet possession of the Premises for the entire term hereof, subject to the provisions of this Lease. Article 20,B SIGNS LESSEE shall not place, erect or install any signs on any portion of the Premises nor allow to be erected or installed any signs, printed displays or show window lettering visible from outside the Premises without the prior written approval of LESSOR, Article 20,C DAMAGE OR DESTRUCTION If the Premises or the building of which the same are a part are damaged by fire or other insured casualty and the insurance proceeds have been made available therefore by the holder(s) of any mortgages covering the Premises, the damage shall be repaired by and at the expense of LESSOR to the extent of such available insurance proceeds provided such repairs can, in LESSOR'S sole opinion, be made within sixty (60) days after the occurrence of the casualty without the payment of overtime or other premiums. Until such repairs are completed the Base Rent shall be abated in proportion to that part of the Premises which is unusable by LESSEE in the conduct of its business, as determined in the sole discretion of LESSOR, except that there shall be no abatement of rent if any portion of the Premises are unusable for a period equal to one day or less. If the damage is due to the fault or neglect of LESSEE or its employees, contractors, agents or invitees, there shall be no abatement of Base Rent. If the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance or if the insurance proceeds have not been made available or if in LESSOR'S opinion the repairs cannot be made within sixty (60) days, then LESSOR shall have the option: (1) to repair or restore such damage, this Lease continuing in full force and effect, but the Base Rent will be proportionately reduced as herein above provided, or (2) give Notice to LESSEE at any time within sixty (60) days after such damage, terminating this Lease as of the date specified in such Notice, which date shall be no more than thirty (30) days after the gi ving of such Notice. In the event of giving such Notice, this Lease shall expire and all interest of the LESSEE in the Premises shall terminate on the date so specified in such Notice and the Base Rent, reduced by a proportionate reduction as herein above provided, shall be paid to the date of said termination. Notwithstanding anything to the contrary contained in this Article, LESSOR shall not have any obligation whatsoever to repair, reconstruct or restore the Premises when the damage resulting from any casualty covered under this Article occurs during the last twelve months of the Lease or any extension thereof. Except as provided in this Article, there shall be no abatement of rent and no liability of LESSOR by reason of injury to or interference with LESSEE'S business or property arising from the making of any repairs, al terations or improvements in or to any portion of the building or the Premises or to fixtures, appurtenances and equipment therein; providing, LESSEE'S INITIALS 1 however, LESSOR will always attempt to make any such repairs, alterations, or improvements in such manner as to cause minimal disruption to LESSEE'S customary business operation. LESSEE understands and agrees that LESSOR shall have no obligation to carry insurance of any kind on LESSEE' S furniture and furnishings or on any fixtures or equipment removable by LESSEE under the provisions of this Lease and that LESSOR shall not be obligated to make any repairs thereto or to replace the same, 16E2 Article 20,D SALE BY LESSOR In the event of any transfer or transfers of LESSOR'S interest in the Premises or the Office Building, other than a transfer for security purposes only, the transferor shall, be automatically relieved of any and all obligations and liabilities on the part of LESSOR occurring from and after the date of such transfer provided. however, that any funds in the hands of LESSOR at the time of such transfer, in which LESSEE has an interest, shall be turned over to the transferee and any amounts then due and payable to LESSEE by LESSOR under any provisions of this Lease shall be paid to LESSEE, it being intended hereby that the covenants and obligations contained in this Lease on the part of LESSOR shall, subject as aforesaid, be binding on LESSOR, its successors and ass~gnsf only during their irrespective successive periods of ownership, LESSEE', shall, upon request by LESSOR, provide an estoppel certificate to LESSOR in such form as LESSOR may reasonably request. Article 20,E BROKERS , , LESSEE warrants that ~t has had no dealings with any real estate broker or agents in connection with the negotiation of this Lease except Colonial Square Realty, Inc, , and it knows of no other real estate broker or agent who is or might be entitled to a commission in connection with this Lease, Any and all commissions due will be paid by the LESSOR, Article 20.F ALLOWANCE LESSOR will provide'LESSEE with a $7,000,00 carpet and paint allowance to be used at LESSEE's discresion, LESSOR will give LESSEE $3,500 per month (for first 2 months) as a rent credit, !i IN WITNESS WHEREOF, the parties heretohave hereunder set forth their hands ,~nd seals. AS TO TIm LESSEE: DATED:9-:1;; '''.,!> <3' ..J% ..2 ""'? BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA . , - .- ~?~E.~RO(Cler~' n(.~ . C;->'~ ./ B'~' {).0i:"V~ "M\ ,llLlEY. ',' Cl,k '~,' " ' FRANKHALAS,Chairman , . st.uto Chlil'll4n's . IfiAiblre 0111 y. ' AS TO THE LESSOR: DATED: GEORGE VEGA, TOM BROWN, LARRY MARTIN AND JACK STANLEY AKA PAlM LAKE JNVESTMENTS ATI'EST: BY: GEORGE VEGA for Partnership WITNESS (signature) print name WITNESS (algnature) .', Item# J ~E2 ~;~;da l-2<t-DP print name -I 2. Approved as to form and legal sufficiency: ~\^^ r;/vkw.. I":l P !nO Thomas C. Palmer, ft;ssistant County Attomey , 16E2 ~ .-:-.- ...' ...~- ......I._n... ...... ..~.. t ~. EXHf8fT 4- Page _. / _of ..:z .... t PDIIIlC_ s I , " ..~.N ; JaiIlt. " 13:8 n I 13'4 '1 I '8:1 j ,... , '7'1 , " . , , . , cntIo Ii( II . COD1mlD . " . . '" .. , . . . . . -: G , , . ,1:4"10 .1Jl:I2I'J'I8J / " 11":' SlIIIe #Z6S6 . . LOin lCmimIa AnI) . 1DIBI' ~mlT . Sqiie #266.0 - . F;e.~.. Ft....bOrC ill Ifas. d...... nIiIIIit, bu 101 !lIIiIabod. .~mml COl1~ JRnLDq,. 2652~2&68JUrponRoad Raples; noridi " 16E2 ~/1t$ . EXIMIT LL Page OJ... at .:2 " , c z ~,~\ ~ -I .. ""'- II I -' \. , ~ . II' n II z. II ~, 1 1\ . ) t t JI , .~ ... r c l\ Z " ~ \) -I " .. " III , \) to ,. ~. . . ."-,. .. ... ,. .. o / / "1>e ~ ,~. "".-' -'I' . . p!:.. ." I , . c . .! .-1. .. .. ... . ."< o o .0 " '!'.fi. ." . "I ~f l~ i :--.""'.-.._..:---'....~..:.. , , .. '- 6....:TL q..... \0 OJ CAt. (, A ,',.. P"..-r l2.. " of "'- ;::,ee.."H,L pL.. '" otC- \/I/./ 6LLb Je. L--( " 16E4 Settlement Al!reement Information On April 7, 2005, Willis Group Holdings Ltd., Willis North America Inc. and Willis of New York, Inc. (collectively "Willis") entered into a settlement with the Attorney General of the State of New York and the Superintendent of Insurance of the State of New York to resolve their investigations of certain insurance industry practices, including receipt of contingent commissions. A copy of the settlement agreement (called an '\\,ssurance of Discontinuance") is available at www.willisfund.willis.com. The settlement involves no fines or penalties, and Willis admits no wrongdoing or liability. As part of the settlement, Willis agreed to distribute $50 million to certain U.S. policyholders of Willis. US Policyholder clients eligible to elect to receive a distribution are defined in the New York Attorney General's Assurance of Discontinuance as Willis's "U.S.-domiciled policyholder clients and policyholder clients who retained Willis's U.S. offices to place, rene\v, consult on or service insurance" with "inception or renewal dates between January I, 2001 through December 31, 2004, where such placement, renewal, consultation or servicing resulted in contingent commissions or overrides recorded by Willis between January I, 2001 through December 31,2004." Our records indicate that Willis received contingent commissions or overrides in connection with insurance purchased by you or your firm through Willis or certain of its affiliates between January I, 2001 and December 31,2004. This makes you or your firm eligible to receive a distribution pursuant to the settlement. Settlement Funds As part of the settlement, Willis agreed to create a fund in the amount of $50 million (the "Fund"). The agreement required Willis to "calculate, in accordance with a formula approved by the Attorney General, the amount of money each of the U.S. policyholder clients who retained Willis to place, renew, consult on or service insurance with inception or renewal dates between January I, 2001 through December 31, 2004" is eligible to receive. This formula allocates the $50 million among U.S. policyholders according to the proportion of contingent commissions, if any, Willis earned related to the placement of their insurance. In some instances, we have used estimates because insufficient data were available to perform the calculation. The enclosed distribution statement sets forth the amount from the Fund to which you are entitled based on the formula approved by the New York Attorney General and Superintendent of Insurance under the, settlement agreement. To participate in the settlement, you need not demonstrate that Willis violated any legal duty or that you suffered any injury or damages. The decision whether or not to participate in the settlement is entirely voluntary. If you elect not to participate, the portion of the Fund attributable to you will be distributed to other U.S. Policyholder Clients pursuant to the terms of the settlement agreement. Under no circumstances will any portion of the Fund revert to Willis. How to Participate You have until Februlln' 1. 2006 to request a cash distribution from the Fund, '(You elect to receive a distribution, yOU must slim the enclosed release form, which was approved bv the New York Attornev General and Superintendent of Insurance as part of the settlement lU!reement. Sil!l1inl! the release means that vou will not be able to assert claims covered bv the release :!l!ainst Willis or any of its subsidiaries or affiliates. \Y GENERAL RELEAsE 16E4 .,.k: .. This RELEASE (the "Release") is executed thisa:L day of Jo.Y\lI.A.r '/ RELEASEE (defined below). . DEFINmONS , 200.k.. by RELEASOR (defined below) in favor of "RELEASOR" refers to COLLIER COUNlY GOVERNMEI'IT and any of its affiliates, subsidiaries, associates, general or limited partners or partnerships, predecessors, successors, or assigns, including, without limitation, any of their respective present or former officers, directors, trustees, employees, agents, attorneys, representatives and shareholders, affiliates, associates, general or limited partners or partnerships, heirs, executors, administrators, predecessors, successors, assigns or insurers acting on behalf of RELEASOR. "RELEASEE" refers to Willis Group Holdings LTD and any of its subsidiaries, affiliates, associates, general or limited partners or partnerships, predecessors, successors, or assigns, including, without limitation, any of their respective present or former officers, directors, trustees, employees, agenll, attorneys, representatives and shareholders, affiliates, associates, general or limited partners or partnerships, heirs, executors, administrators, predecessors, successors, assigns or insurers (collectively, "Willis"). "Assurance" refers to a certain Assurance of Discontinuance between Willis and the Attorney General of the State of New York ("NYAG") dated April 7, 2005, relating to an investigation commenced against Willis by NYAG. "Attorney General's Investigation" refers to an investigation into Willis's compensation practices commenced on or about April 2 I, 2004 by the New York Attorney General and resulting in an Assurance of Discontinuance pursuant to Executive Law S 63(15) on April 7, 2005. RELEASE I. In consideration for the total payment of $2852.43 in accordance with the terms of the Assurance, RELEASOR does hereby fully release, waive and forever discharge RELEASEE from any and all claims, demands, debts, rights, causes of action or liabilities whatsoever, including known and unknown claims, now existing or hereafter arising, in law, equity or otherwise, whether under stale, federal or foreign statutory or common law, and whether possessed or asserted directly, indirectly, derivatively, representatively or in any other capacity (collectively, "claims"), to the extent any such claims are based upon, arise out of or relate to, in whole or in part, any of the allegations, acts, omissions, transactions, events, types of conduct or matters that are the subject of the Attorney General's Investigation, except for claims which are based upon, arise out of or relate to the purchase or sale of Willis secumes. 2. In the event that the total payment referred to in paragraph I is not made for any reason, then this RELEASE shall be deemed null and void, provided that any payments received by RELEASOR shall be credited to Willis in connection with any claims that RELEASOR may assert against Willis, or that are asserted on behalf of RELEASOR or by a class of which RELEASOR is a membeJ; against Willis. 3. This RELEASE may not be changed orally and shall be governed by and interpreted in accordance with the internal laws of the State of New York, without giving effect to choice of law principles, except to the extent that federal law requires that federal law governs. Any disputes arising out of or related to this RELEASE shall be subject to the exclusive jurisdiction of the Supreme Court of the State of New York or, to the extent federal jurisdiction exists, the United States District Court for the Southern District of New York. 4. RELEASOR represents and warrants that the claims have not been sold, assigned or hypothecated in whole or in part. Dated: /__/_--- Board of County Commissioners of Collier County, ~ ~ 5? By Fran Halas . .-or RELEASOR Print Name rn::l;rm::ln - - --- -- ---- Social Security Number/ Tax ill Number Title (---)-------- Phone Number w 11/1111111111111111I111111111111111I11111111I1111I 00060; '0-7 -005_~.-:.I'!Y ~D30 ~ ':'; ( ~ ...." '< g cO "- :8: " ,...; n ~. c; ~ ~ ;.. z' '" c.. ;;::. '" ~ ::=::: 5=== ~ -- ~ t 5>:::=: ; '-'= o ~ ~ ~I~~~'if ~I' - ~- - "'II"'~I"'I' .-'l ;l;;"::l:I:::::ld'''='::o S;~S;S;z~S; IO:::;:OO~oo 1- _ _ _ _ ....'_ :~I~I~~IS:::jI::; I>IZ,;;;",-,;> r::::;> :>- 1~1~I~i~l~ ~I~ i:=:l;:;r:::lm~m~ :z > z :i:::~21'Z ,~,z ~I~IZ'~ ~ :~I~!~~~~~ I~ i21~ ~ S; ~I~ ~I~I~I~ 1~ 18/::; 81818818 ~""i~I:;=:If;~ :> I..:>--.~'"';>;... IZ 'ZIZ>ZZ 1< 1<1<lz <1< ., ,~ Iii I I I I :r> '< = =.::: ....,.-, ~ 22 r::c- " -< ~ :=:~ 0; :::: ~ ~:s '~S' G-~ S=' ~r. =5 5..= II [-. ~E ~""::i ('C =.;=. iri 2;:; =c ;::. ;f~~ G~;? -=;2 fH ~l~ C"i~ ....,:~ _-'J:" ~~ ~~ ='Z _n ~2 g ~. 5-'i5 ~g "-^><:i: I I 1 I I I, III I i II, '~Io ~I~ ~I~ ~ I~~: li~r~ I~ 1;'I;j;I~; ( Ill~I'~ II 1'1 I~ ? ~I~I,- ol~ r.' Tj~' I: I i 'N['O '''0 Jo N 000:=000 o '=' 010 .0 <:> 0 -I -~I N_ , f: r. ~ -< ~ z' ~s ~~ -- =.'-'" ~~. .Q~ ~ ~ ~ ~ n ~g ~= ~ ~. ::z:= == ....;. ~==- g [ o n ~ ~ .~ g -"'= ....,:c.r, 5.~ n 8 _or. 2.~ ~.~ ~ ~2 E..~ ~~i ~ n- -"'1- r:":O~. ,,::;::;:- ,.~. '-"Oro-t>.JVl'''' ~'-^VlI"-'''' -...j..:::, oooc~ol 00 0000'6:": CIC 00,,",0...00 ~ -,-~ ~ -I~I~'~~ -''''''OC'-''-'N~_ [.IN-..lN--"CI")'-'" 1~'~'rlIT !!J , LLLL 7.:;::~.';.~I~:~:'~;j: '~~~~!~Ii~i~~i'~ I I ; , I 3.. ..,.., ~% :c &- 5- ~ o Z~ = 0 :: if ~--.. ~ o -<'E. o 0 ~ ~. 0;; o ~ ~ C"'::>>- <"0 C ::: II:~ ~~ ~. ~~~ S~. a y - = C'. ~ o' '~ if ;,- e: ~ z......>'=- >'-"'C'-=-. !H~ ~~~ $ ~ ::; = ~ , g" ~ " 16E4 Approved as to form and legal sufficiency: Dated: I~ JY-O/p :--~' ..' ATTEST:, ,--- DWIGHT E. BROCK. Cle.rk '.::,>' ' '/) . ~ ~ (-," . 'I', ~. ." '. ~ J;t~L l Assistant County Attorney Willis Fund Administrator PO Box 1794 Faribault MN 55021-1794 16E4 February 1,2006 cc23 - 0006011O-REL 19439 -4 COLLIER COUNTY GOVERNMENT ADMINISTRATION BLDG., 4TH 3301 T AMIAMI TRL E NAPLES FL 34112-3969 Re: Willis Fund General Release Form Dear COLLIER COUNTY GOVERNMENT: We have received the General Release Form that you recently submitted to the Willis Fund Administrator, However, your Release form cannot be processed because the Release form does not contain a social security or Tax ill number of COLLIER COUNTY GOVERNMENT, If the distribution amount on the release is $600 (six hundred dollars) or more, in order to receive payment, you must provide the social security number or tax ill number of COLLIER COUNTY GOVERNMENT on your enclosed copied General Release form. If, however, the distribution amount is less than $600 (six hundred dollars) and COLLIER COUNTY GOVERNMENT does not wish to provide the social security or tax ill number, you do not need to provide them as long as you do the following: (1) fill in all other information on the release except the social security or Tax ill number; and (2) fill in all information on the enclosed W -9 Form, except the social security or Tax ill number; and (3) sign and return both forms, Please return the completed form(s) along with this letter to the following address: Willis Fund Administrator PO Box 1794 Faribault MN 55021-1794 Your completed information must be received by no later than February 15, 2006 or your form(s) will not be processed and you will not be entitled to participate in the Fund. If you have questions, you may call the Willis Fund Administrator Information Center toll free at 1-866-428-8017, We are open Monday through Friday, between 8:00 a,m. and 5:00 p,m., Central Time, Sincerely, Willis Fund Administrator Enclosure _. .111111(,111111 RELI')4Y>. '~q 4 GENERAL RELEASE This RELEASE (the "Release") is executed this a!:l day of :](\Y\\1A.r i RELEASEE (defined below), , II In , 1111I11I111111111/11111 WILLIS REL19439 DEFINITIONS "RELEASOR" refers to COLLIER COlJNrr GOVERNMENT and any of its affiliates, subsidiaries, associates, general or limited partners or partnerships, predecessors, successors, or assigns, including, without limitation, any of their respective present or former officers, directors, trustees, employees, agents, attorneys, representatives and shareholders, affiliates, associates, general or limited partners or partnerships, heirs, executors, administrators, predecessors, successors, assigns or insurers acting on behalf of RELEASOR "RELEASEE" refers to Willis Group Holdings LTD and any of its subsidiaries, affiliates, associates, general or limited partners or partnerships, predecessors, successors, or assigns, including, without limitation, any of their respective present or former officers, directors, trustees, employees, agents, attorneys, representatives and shareholders, affiliates, associates, general or limited partners or partnerships, heirs, executors, administrators, predecessors, successors, assigns or insurers (collectively, "Willis") , , 2oo.!!!. by RELEASOlie6t4 in favor of "Assurance" refers to a certain Assurance of Discontinuance between Willis and the Attorney General of the State of New York ("NYAG") dated April 7, 2005, relating to an investigation commenced against Willis by NYAG. "Attorney General's Investigation" refers to an investigation into Willis's compensation practices commenced on or about April 21, 2004 by the New York Attorney General and resulting in an Assurance of Discontinuance pursuant to Executive Law S 63(15) on April 7, 2005. RELEASE L In consideration for the total payment of $2852.43 in accordance with the terms of the Assurance, RELEASOR does hereby fully release, waive and forever discharge RELEASEE from any and all claims, demands, debts, rights, causes of action or liabilities whatsoever, including known and unknown claims, now existing or hereafter arising, in law, equity or otherwise, whether under state, federal or foreign statutory or common law, and whether possessed or asserted directly, indirectly, derivatively, representatively or in any other capacity (collectively, "claims"), to the extent any such claims are based upon, arise out of or relate to, in whole or in part, any of the allegations, acts, omissions, transactions, events, types of conduct or matters that are the subject of the Attorney General's Investigation, except for claims which are based upon, arise out of or relate to the purchase or sale of Willis secuities. 2, In the event that the total payment referred to in paragraph 1 is not made for any reason, then this RELEASE shall be deemed null and void, provided that any payments received by RELEASOR shall be credited to Willis in connection with any claims that RELEASOR may assert against Willis, or that are asserted on behalf of RELEASOR or by a class of which RELEASOR is a membet; against Willis, 3, This RELEASE may not be changed orally and shall be governed by and interpreted in accordance with the internal laws of the State of New York, without giving effect to choice of law principles, except to the extent that federal law requires that federal law governs, Any disputes arising out of or related to this RELEASE shall be subject to the exclusive jurisdiction of the Supreme Court of the State of New York or, to the extent federal jurisdiction exists, the United States District Court for the Southern District of New York. 4. RELEASOR represents and warrants that the claims have not been sold, assigned or hypothecated in whole or in part. Dated:_ _ / -- ---- / Board of County Commissioners of Collier County, ~ ~ .~ By Fran Halas -' RELEASO R Print Name r.Jl::lirm::ln - - --- -- ---- Social Security Number/ Tax ill Number Title (---)-------- Phone Number \T (~7i r~~~~~( '-..~'#';" '.~ r REC'D .IAN 25 2006 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIllIIIIIIIIIIIIII 00060110-7-005448-NY-D30 Fonn W-g 16E4 Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the fRS, Enter your TIN in the appropriate box, The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. Th" number shown on this form is my correct taxpayer identilication number (or I am waiting for a number to be issued to me), and 2, I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the lntemal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3, I am a U.S. person (including a U.S, resident alienI. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are CUrrently subject to backup withholding because you have failed to report all interest and dividends on your tax retum, For real estate transactions, item 2 does not apply, For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your cOrrect TIN. (See the instructions on page 4.) Sign 1 Signature of Here .. u.s. person ~ Date ~ [Rev. November 2005) Department of the Treasury Internal Revenue Service N OJ OJ ro Q. c o 4l '" c.a ~:;: .. u o 2 ...... c: '" .- c: .. - c.u :;:: 'ij 4l 0. CI) ill <II en Name (15 shown on your income tax returnl Business name, if different from above O Individual! 0 Corporation Check appropriate box: Sole proprietor Address (number, street, and apt. or suite no.) City, state, and ZIP code List account number/sl here (optional) IN Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (fIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person ~ncluding a resident alien), to provide your correct TIN to the person requesting it (the requester) and. when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2, Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S, exempt payee. In 3 above, if applicable, you are also certifying that as a U.S, person, your allocable share of any partnership income from a U.S, trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you are: o Partnership 0 Other ~ __ . . __ __ . __ _ __ __ __ o Exempt from backup withholding Requester's name and address (optional) ~ or · An individual who is a citizen or resident of the United States, · A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or · Any estate (other than a foreign estate) or trust. See Regulations sections 301, 7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business, Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U,S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: · The U.S. owner of a disregarded entity and not the entity, Cat No 10231 X Form W-9 (Rev 11-20051 Fonn W-9 (Rev. 11-2005) 16E~b Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to'sign by the withholding agent even It Items 1, 4, and 5 below Indicate otherwise. For a joint account, only the person whose TIN Is shown In Part I should sign (when required). Exempt recipients, see Exempt From Backup Withholding on page 2. Signature requirements. Complete the certification as indicated In 1 through 5 below. . 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active dUring 1983. You must give your correct TIN, but you do not have to sign the ~ertlflcatlon. 2. Interest, dividend, broker, and barter eXChange accounts opened lifter 1983 and broker accounts considered Inactive during 1983. You must sign Ute certification or backup withhOlding will apply. I(you are subject to backup wlthholdlitgarid you are merely providing your correct TIN to the requester, you must cross out Item 2 In the certification betore Signing the fonn. 3. Real estate transactions. You must sign the certlfjcation. You may cross out Item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN. "Other payments- Include payments made In the course of. the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medicafand health care services Qncludlng paym~ts to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members aner flshennen, and gross proceeds pald to . attorneys Qnctl!ding 'payments to corporations). 6. Mortgage interest paid by you, acquIsition 6r . abandonment ofsecun!d property, .cancellatfon of debt, qualified tuition program payments (unde~ 8ection 629), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension dlSbibutions. You n:tust give your correct TIN, but you do not have to .slgn the certlfjcation. . What Name and Number To Give the Requester For thIs type of account: 1. Individual 2. Two or more Individuals Oolnt account) 3. Custodian account of a minor (UnIform -GIft to Minors Act) . <4. a. The usual revocable savings trust (grantor Is also trustee) b. So~fed trust account that Is not a legal or valid trust under state law 5. Sole proprietorship or Ilng!lH)wna- LtC . For this type ofaccount: 6. Sole Proprietorship or IlngllH)wner LlC 7. A valid trust, estate, or pension trust 6. Cc!rporate or Ltc electing 'corporate status'on Fonn 8832 9. Association, club, religious, charftabIe, educatIonal, or other tax-exempt organization 1 D. PartnershIp or lTlultl-member u.c 11. A broker or regIstered nominee 12. Accaunt wIth.the Department of AQriculture ... the name of · pub//c entity (such as a state or Iocai gOVernment, school dIStrIct, or prison) that receives agricultural program payments Give name and SSN of: The Individual The actual owner of the account or, If combined funds, the first individual on the account f The minor 2 The grantor-trustee f The actua/ owner f The owner ~ Give name and ElN of: The owner I Legal entity 4 The corporation The organization The PartnershIp The broker or nominee The publio entity lUst first end clrc:le the name of th8 person whose I1lITIber you f\anIsh. If only one person on a joint aCCOUlt has en SSN, lhat l*BOn's runber must be fImIshed... . I '. . . Cln:Ie~ mInor'!!name Md fl.mlsbf1e.:rnhc:nSSN._. '__ . . . You II\tIIt ehow yOU' Indlvtdual n.t1e end you.may also enter ycu busi1ess Ql' "DBA" I1ame on the IeCCXld name me. You may use eIther)'Oll' SSN or eN If you have~. If you are alole proprietor, IRS ertoocnges you to use )'011' SSN. . . . 4 list fht and circle the name'of the /egat trust, estate, or .pension Irust.. (Do not f1.mIlIh the TIN of the P<<sonaI representatlve<< trustee lIHss the legal a1IIty lIself Is not designated h the ICCCQ1t tJUe.) NfIO He 8peo/aJ tu!es fflgatri/fIQ />>t1neIahfps on page 1. Note. If no namel~ circled when more than one name Is listed, the number will be considered to be that of the first name listed. Privacy Act Notice Section 6109 ofthe Intemal Revenue Code requires you to provide your correct TIN to persons who'must file Infonnatlon returns . , with the IRS to report Interest, dividends, and certaln other Income pald to you, mortgage Interest you paJd, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or- Archer MSA or HSA The IRS uses the numbers far Identlticatlon purposes and to help verity the accuracy of your tax return. The IRS may also provide this' Information to the Department of Justice for civil and crfminallitlgatlon, and to cities, states, the District o~ Columbia, and U.S. possessions to cany out theIr tax laws. We may also disclose this Infonnatlon to other countries under a taX treaty, to federal and state agencies to enforce tederal nontax criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorisrtl. You must provide your TIN whether or not you are required to tile a tax retum. Payers must genera/ly withhold 28% of taxable Interest, dividend, and certain other payments to a payee who does not gIve a TIN to a payer. Certaln penalties may also apply, 16E4. "Tl-C~ gjO::::: dc:o== !:ll 0 ,,. !:..X"T1 ..... ,- ~~@. Zt.J> c.. ~ ~, S 2, I ~ '" ..... ~ !:ll 0' ~ -...I '-0 N iJJ S> ... ... f\) ... S> ul ~ ... I o ... (I o (0' .,. " &-~ - - - - y'fj - - ~~ C \1l - - lo = C ~ - en ",^I J - ~~~I - =~~~ ..0- '.' ~ ~ ~ ~'l - ~~ ~~:-,.""."I.I ,. .1 != u, r~ - !IJ Q - "U 0 LN n - In ~ l - -I '-i:) , ' ~ l 1U ,f l"" ,. ... It................ ..', "" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS S.TLr<r '2 .... THE BOARD OF COUNTY COMMISSIONERS OFFICE FO.~JT1JJlE ' ~ Print on pmk paper Attach to angmal document. Ongmal documents should be hand delivered to the Board Office The completed routmg shp and ongma1 documents are to be forwarded to the Board Offke only !f!u 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 exeention of the Chainnan's sil!nature, draw a line throulIh routine lines # I throul!h #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. 2. ORIGINAL SIGNATURES ARE REQUIRED. STATE WILL NOT ACCEPT "STAMPED" SIGNATURE 3. 4. RECORDING: 001-144210 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the 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 Phone Number Contact DARCY WALDRON 774-8000 Agenda Date Item was Agenda Item Number AnDToved by the BCC 1-24-06 16F3 Type of Document Number of Original Attached GRANT AGREEMENT Documents Attached 4 ORIGINALS INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where Ihe 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 omce 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! 6. The document was approved by the BCC on 1-24-06 (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 licable, I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F3 MEMORANDUM Date: January 25,2006 To: Darcy Waldron Emergency Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Grant Agreement #06-DS-3W-09-21-01 between Collier County and the Florida Department of Community Affairs Enclosed please find four (4) originals of the grant agreement as referenced above, (Agenda Item #16F3) which was approved by the Board of County Commissioners on Tuesday, January 24, 2006. Please forward to the appropriate party for signatures and return a fully executed oril!:inal to the Minutes and Records Department. If you have any questions, please call me at 774-8406. Thank you, Enclosure (4) ';11-' Ii ... .l6F3 ""'. 'k ... Contract Number: 06-DS-3W-09-21-01 CFDA Number: 97.067 FEDERALLY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered Into by and between the State of Florida, Department of ~()mmunlty Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the fJeoartment"), and Collier County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant :,1(ls to provide the services identified herein: and B. WHEREAS, the Department has received these grant funds from the State of Florida, and has ,Ci authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth: :..r'rJ C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds 'Ie' ;,"r this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and 'De of Work, Attachment A of this Agreement. (2) INCORPORATION OF lAWS. RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and 'era I iaws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties or July 1, 2005, whichever is ind shall end August 30, 2006, unless terminated earlier in accordance with the provisions of :eaoh (12) of this Agreement. 1 16F3 ~" .. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMS Circular No. A-11 0, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87, "Cost Principles for State and Local Governments," OMS Circular No. A-21 , "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisifion Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with t~:e terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 2 16F3 "I .. ..,~, closing of title. 3. Records relating to real property acquisition shall be retained for five years - ',"sultants to be paid from funds provided under this Agreement, including supporting documentation of (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or =',oget and Scope of Work - Attachment A - and all other applicable laws and regulations. ,)rogram costs, in a form sufficient to determine compliance with the requirements and objectives of the l8 oald from funds provided under this Agreement, shall allow access to its records at reasonable times (d) The Recipient, its employees or agents, including all subcontractors or consultants to :-,comstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local ] 'he Department, its employees, and agents. "Reasonable" shall be construed according to the ~ ('Dartmen!. - "C8, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the (6) AUDIT REQUIREMENTS -cc;ordance with generally accepted accounting principles, to account for the receipt and expenditure of (a) The Recipient agrees to maintain financial procedures and support rlocuments, in , -<:s under this Agreement. ." by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be (b) These records shall be available at all reasonable times for inspection, review, or .:' Q,m., local time, Monday through Friday. ;trued according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to cements upon request for the purposes of auditing and monitoring the funds awarded under this (c) The Recipient shall also provide the Department with the records, reports or financial ~ement. 2ral awards in its fiscal year, the Recipient must have a single or program-Specific audit conducted in '18 Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in (d) If the Recipient is a State or local government or a non-profit organization as defined -oance With the proviSions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement 3 16F3 ',J indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fuifill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be oaid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section The Department of Community Affairs at each of the following addresses: .320 (d), OMS Circular A-133, as revised, by or on behaif of the Recipient directlv to each of the fOllowing: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Bureau of Preparedness and Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 4 16F3 :lQI . .~ -.) ,~ederal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies ',r:Jlred by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the ,":eral Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 ,J:ner Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB :rcuiar A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall 'L:',lllt a copy of the reporting package described in Section .320 (c). OMB Circular A-133, as revised, ":: any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management Grants Administration Unit 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the :2r111ent pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, 12 Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit "zatlons), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for .r done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or . ('J (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that "octing package was delivered to the Recipient in correspondence accompanying the reporting ~,'..Je. 5 16F3 """!IP '.e' ... (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. Ul The Recipient shall have all audits completed by an independent certified public accountant (lPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Department with semi-annual reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Department. (b) Semi-annual reports are due to be received by the Department no later than 30 days after the end of each period of the program year and shall continue to be submitted each period until submission of the administrative close-out report. The ending date for the period of the program year is December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. 6 16F3 'llIl!J >&i .. (e) The Recipient shall provide such additional program updates or information as may 'Je required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the semi- annuai report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures llay include, but not be limited to, on-site Visits by Department staff, limited scope audits as defined by 'JMB Circular A.133, as revised, and/or other procedures. By entering into this Agreement, the Recipient igrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Jepartment. In the event that the Department determines that a limited scope audit of the Recipient is 'opropriate, the Recipient agrees to comply with any additional instructions provided by the Department oJ the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any ,"sDections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. "1ddition, the Department will monitor the performance and financial management by the Recipient ~roughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms "CiS agreement, and shall hold the Department harmless against all claims of whatever nature by third 7 16F3 "" d' parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fia. Stat., agrees to be fuily responsible to the extent provided by Section 768.28 Fla. Stat. for its negiigent acts or omissions or tortious acts which result in ciaims or suits against the Department, and agrees to be liabie for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity appiies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Fiorida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. if any of the following events occur ("Events of Default"), ail obiigations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming iiable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be faise or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obiigations, terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obiigations thereunder; (b) If any material adverse change shail occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incompiete or insufficient information; 8 16 F 3., (d) If the Recipient has failed to perform and complete In timely fashion any of its 'Obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Deparfment may, at its option, upon 'hlrty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure :Jlthin said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) jays prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Aqreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for '?!Iglble purposes under the program laws, rules and regulations governing the use of funds under this ~'rogram. (f) Exercise any other rights or remedies which may be otherwise available under (g) The pursuit of anyone of the above remedies shall not preclude the Department from ~ .suing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the 9 16 F 3 ~J Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shail include, but not be limited to, misuse of funds; fraud; lack of compliance with applicabie rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Department may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient wiil not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient wiil cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disailowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. IO 16F3 ""'" ,t; ~ (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Ms. Chanda D. Brown, Financial Specialist Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-414-8538 Fax: 850-488-7842 Email: chanda.brown@dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. James von Rinteln, EM Coordinator Collier County Emergency Management 3301 Tamiami Trail East Naples, Florida 34112 Telephone: 239-774-8000 Fax: 941-775-5008 Email: jamesvonrinteln@colliergov.net (d) In the event that different representatives or addresses are designated by either party }Tter execution of this Agreement, notice of the name, title and address of the new representative Will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the nSlgned subcontract must be forwarded to the Department for review and approval prior to execution of ",) subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the ;ubcontractor is bound by the terms of this Agreement, (Ii) the subcontractor is bound by all applicable :tate and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient 'armless against all claims of whatever nature arising out of the subcontractor's performance of work ;cer this Agreement, to the extent allowed and required by law. Each subcontractor's progress in : srTormlng its work under this Agreement shall be documented in the semi-annual report submitted by the ~cipient. II 16F3 For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Justification of Advance Attachment D - Warranties and Representations Attachment E - Certification Regarding Debarment Attachment F - Assurances (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $52,957 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-l10, A- 122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the 12 ..'. ~ .. budget data on which the request is based and a justification statement shall be included in this 16F3 l! .. .. Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. xx No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the follOWing address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 c accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to the Department for :ollection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars S 15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors ,,:,"n 40 days after receipt of an acceptabie invoice and receipt, inspection, and acceptance of goods ','C'lr services provided in accordance with the terms and conditions of the Agreement. Failure to issue I3 16F3 , the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by cailing the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD CONDITIONS ; (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.). if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 14 (f) A person or affiliate who has been placed on the convicted vendor list following a 16F3~' conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consuitant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) With respect to any Recipient which is not a local government or state agency, and wh,ch receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principais: 1. are not presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection With obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; vioiation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making faise statements, or receiving stolen property; 15 16F3"J 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. U) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. 16 16 F3'1 (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INN')]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17 . :; ~:"t~"'''1~.,,:'~.,:r:--' 16F3 , I 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright uniess the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should 18 16F3 '< i'f} '"j ..... know could give rise to a patent or copyright. The Recipient shaii retain aii rights and entitlements to any pre-existing inteiiectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shaii then, under Paragraph (b), have the right to aii patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with aii covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legaiiy execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES. The Recipient shaii comply with any Statement of Assurances incorporated as Attachment F. 19 16F3 :r"c:gned officials as duly authorized. iN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their __~):ect: COLLIER COUNTY BOARD OF , cr lTY COMMISSIONERS ----., - - ...-...----- /- ---'Cy . ----"::~-;--~~- ....-.-- - ,""andtitle: ~RfI"'K \-\f'I\I-IS ."" :. iI:1""~)~I-;, ;::;t L./ \ ~ Dtlln " '.' 59-60000558 , Chairman "'-;-C:ST Dwight E, Brock, Clerk c ced ~~ to Form ~d Legal Sufficiency: ____.. .) 'W\. ~ . ,,":stant County Attorney ::' ,)F FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS :nel Title: W. Craia Fuaate. Director of Emeraencv Manaaement 20 Item # L{QB Agenda l'd+b Date Date \-"-"5'O(P Rec'd a f\ - - iJ.~~ ,DL. ~ ""~' . .... EXHIBIT - 1 16F3 " FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Department of Homeland Security, Office of Domestic Preparedness CFDA # 97.067 $52,957 NOTE: If the resources awarded to the recIpIent represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements asfollows: N/A 1 . First applicable compliance requirement (e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 21 16F3 ,~ " .. ~,.". Attachment A Budget and Scope of Work Proposed Program Budget . IS a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the :::sed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. No more than 2.5% of the total award may be expended on Management and Administration costs by the Recipient. At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed Program Budget") may be put towards Programmatic costs instead. The transfer of funds between planning, training, exercises and management & administration is permitted, for this contract only, whereas management & administration costs do not exceed 2.5% of the Recipient's total award. Grant Planning "and Security Grant '~5ue 08 Collier County Emergency Management Training Exercises $51,633 Management & Administration (the dollar amount which corresponds to 2.5% of the total award is shown in the column on the right) $1,324 22 16F3 ~' ~.., ~. Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award for issue 08 as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract manager listed in this contract via smail or letter. Budget Detail Worksheet #08 - Eligible Activities -~~~"'~.."~ ~1!lli:;;r'i, ,,',:d"" ,;'*,)1\ , " ,,\. '" ""'';' 1~"ilJllt{\4l'.R'S' _4"~ ifiJI~ Public Education/Outreach Develop and implement homeland security support programs and adopt ongoing DHS national initiatives Develop and enhance plans and protocols Develop or conduct assessments Establish, enhance, or evaluate Citizen Corps-related volunteer programs Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs - Payment of overtime expenses will be for work performed by award (SAA) or sub-award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. 10,000 ,50 $5,000 Enhancement Various $6,633 COOP COG GIS/SOG Contract PIT $15,000 Allowable Training COllts ., ~..'" Overtime and backfill funding for emergency preparedness and response personnel attending OOP-sponsored and approved training classes. Grantees may also use aDP grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel artici atin in ODP train in . Training Workshops and Conferences - Grant funds may be used to plan and conduct training workshops or conferences to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and training plan development. Full or Part-Time Staff or Contractors/Consultants - Full or part- time staff may be hired to support training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured by the state in the design, development, conduct, and evaluation of CBRNE training. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. 23 NIMS EM Training (G-/EMI) Various $1,500 2'181 - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are ::aole as expenses by employees who are on travel status for 'l~:r:::al business related to the planning and conduct of the training '-,CTfS) or for attending ODP-sponsored courses. These costs must accordance with state law as highlighted in the OJP Financial .lue. Stales must also fOllOW state regulations regarding travel. If a F;; or territory does not have a travel policy they must follow federal ,.J; iE-lines and rates, as explained in the OJP Financial Guide. For ',sr 'nfarmation on federal law pertaining to travel costs please refer ';:';]://"vww .ajp. usdoj .gov/FlnG uide. 3uoplies - Supplies are items that are expended or consumed during :ourse 01 the planning and conduct of the training project(s) (e.g., :cuj':ng paper, gloves, tape, and non-sterile masks). '):~er Items - These costs include the rental of space/locations for , ;?n:!Ing and conducting training, badges, etc. 16F3 ..... '.. " .. Various Various 51,500 CERT Training Equipment Various 55,000 .;:Jowable Exercise c" complete list of OOP approved courses may be found at www.oio,usdoi.aov/odo/docs/Eliaible Federal Courses.odf Total Cost :::xercise Planning Workshop - Grant funds may be used to plan and - -:::;ct an Exercise Planning Workshop to include costs related to - ;l,'":lng, meeting space and other meeting costs, facilitation costs, ".!t2:-ia.:S and supplies, travel and exercise plan development. :'jll or Part-Time Staff or Contractors/Consultants - Full or part- 21aff may be hired to support exercise-related activities. Payment 3aries and fringe benefits must be in accordance with the policies . -: state or local unit(s) of government and have the approval of the -,~:!.:- cr the awarding agency, whichever is applicable. The services of "actors/consultants may also be procured to support the design, :~'i('::J;Jment. conduct and evaluation of CBRNE exercises. The ~_:~'I':8r,t's formal written procurement policy or the Federal Acquisition ':'_Cltions (FAR) must be followed. ,~nime and backfill costs - Overtime and backfill costs associated 'ie design, development and conduct of CBRNE exercises are ~:.ac:e expenses. ";:;es may also use OOP grant funds to cover overtime and backfill ',?'1265 for part-time and volunteer emergency response personnel ;,l;dllng in ODP exercises. Ci'.'~1 " Travel costs (I.e., airfare, mileage, per diem, hotel, etc.) are ".~t'!e as expenses by employees who are on travel status for l;us:ness related to the planning and conduct of the exercise ~li::' These costs must be in accordance with state law as :;h:ea in the OJP Financial Guide. States must also follow state :)[,ons regarding traveL If a state or territory does not have a cOlley they must follow federal guidelines and rates, as ne.,j in the OJP Financial Guide. For further information on ?:i .aw pertaining to travel costs please refer to :."//',1'1, oJp. usdoj. gov/FinGuide. ('!ies - Supplies are items that are expended or consumed during 'i.:,S6 of the planning and conduct of the exercise project(s) (e.g., ,.:; ~aoer, gloves, tape, non-sterile masks, and disposable ".6 equipment). :ems - These costs include the rental of space/locations for c:anning and conduct, exercise signs, badges, etc. Quantity Unit Cost '06 Exercise Various 510,000 Exercise Supplies (+1 hardened la to com Various (per contract) $7,000 ;,'3.rios used in SHSGP funded exercises must be terrorism-related and based on the State Homeland Security d'ld plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive. cyber :ui:t.;ral. A state or local jurisdiction that conducts an exercise using SHSGP funds must follow the HSEEP doctrine ---:'-:'Co/s located at htto://www.oio.usdoi.aov/odo/exercises.htm#hseeo. 24 16F3 ", .. ~2~~~e:~hr:~&~9m~~~~~~~~.. of the Raei ient's tola[:award',-:. ... ;"" Hiring of full-time or part-time staff or contractors/consultants: o To assist with the management of FY05 HSGP. o To assist with design, requirements, and implementation of FY05 HSGP. o To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the individual grant program. Hiring of tull.time or parHime staff or contractors/consultants and expenses related to: o HSGP pre-application submission management activities and application requirements. o Meeting compliance with reporting/data collection requirements, including data calls. Development of operating plans for information collection and processing necessary to respond to OHS/ODP data calls. Overtime and backfill costs Payment of overtime expenses will be for work performed by award (SAA) or sub-award employees in excess of the established work week (usually 40 hours) related to the M&A activities for the development and implementation of the programs under HSGP. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or local unit{s) of government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unem 10 ment Com ensalion. Travel expenses Meeting-related expenses (For a complete list of allowable meeting- related expenses, please review the OJP Financial Guide at http://www .ojp. usdoj.gov/FinGuide). Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be requIred to support the implementation of the homeland security strategy. 1 Office laptop computer Per contract $1,324. The following are allowable only within the contract period: o Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. o Leasing and/or renting of space for newly hired personnel to administer programs within FY05 SHSGP. TOTAL $52,957 25 16F3'"", Scope of Work W'l:n!] is provided to perform eligible activities as identified in the Office for Domestic Preparedness Fiscal Year 2005 State '~':idnd Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible "8S are outlined in the Scope of Work for each category below: Categories and Eligible Activities 08. Planning, Training and Exercises for local and Regional Efforts FY2005 SHSGP, Issue 08b, allowable costs are divided into the fOllowing categories; planning, training and exercises. In addition, management and administration costs are also allowable. Management and administration costs may not exceed 2.5% of the Recipient's total award. A. Planning Developing and implementing homeland security support programs and adopting OHS national initiatives including but not limited to the following: Costs associated with implementing and adopting HSPD-8 initiatives Costs associated with implementing and adopting NfMS Costs associated with modifying existing incident management and EOPs to ensure proper alignment with the NRP coordinating structures, processes, and Establishing or enhancing mutual aid agreements Developing communications and interoperability protocols and solutions Conducting local, regional, and tribal program implementation meetings Developing or updating reSOurce inventory assets in accordance to typed reSOurce definitions issued by the NIC Designing state and local geospatial data systems Developing related critical infrastructure terrorism prevention activities including: o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery o Public information/education: printed and electronic materials, public service announcements, seminars/town half meetings, web postings coordinated through loca! Citizen Corps Councils o Citizen Corps activities in communities surrounding critical infrastructure sites, including Neighborhood Watch, VIPS, and other opportunities for citizen participation o Evaluating CIP security equipment and/or personnel requirements to protect and secure sites o CIP cost assessments, including resources (financial, personnel, etc.) required for security enhancements/deployments. Developing and enhancing plans and protocols, including but not limited to: Developing or enhancing EOPs and operating procedures Developing terrorism prevention/deterrence plans Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies Developing or enhancing border security plans Developing or enhancing cyber security plans Developing or enhancing cyber risk mitigation plans Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans Developing public/private sector partnership emergency response, assessment, and resource sharing plans Developing or updating local or regional communications plans Developing plans to support and assist special needs jurisdictions, such as port authorities and rail and mass transit agencies Developing or enhancing continuity of operations and continuity of government plans Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate federal assets provided under the NRP. Developing or conducting assessments, including but not limited to: Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans Conducting cyber risk and vulnerability assessments Conducting assessments and exercises of existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and state resources Activities which directly support the identification of specific catastrophic incident priority response and recovery projected needs 26 16F3 ''''' .. Activities which directly support the identification and advance preparation of pre-designated temporary housing sites; for example: o Conducting assessments and studies to identify qualified candidate sites o Obtaining accurate site surveys and existing utility information o Coordinating zoning requirements and necessary permits and/or waivers o Coordinating environmental impact requirements related to a selected site o Coordinating historic preservation requirements related to a selected site. B. Training Allowable training-related costs include: 1) establishment of CBRNE terrorism and cyber security training programs within existing training academies, universities or junior colleges; and 2) overtime and backfill costs associated wIth attendance at ODP.sponsored and ODP approved CBRNE and cyber security training courses. The target audIence for training courses include emergency preparedness, prevention and response personnel, emergency managers and public/elected officials within the following disciplines: fire service, law enforcement, emergency management, emergency medical services, hazardous materials, public works, public health, health care, public safety communIcations, governmental administrative, cyber security, and private security provIders. In order to deliver these courses, state and local instructors must be certified to deliver the course by successfully completing ODP train-the.trainer course delivery. Detailed descriptions of ODP courses are included in the aDP CBRNE Training Course Catalog at http://www.ojp.usdoj.gov/odp/docs/coursecatalog.pdf. C. Exercises Exercises conducted with OOP support (grant funds or direct support) must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes I_III contain guidance and recommendations for designing, developing, conducting, and evaluating exercises. HSEEP Volumes I-Ill can be found at OOP's website at http://www.ojp.usdOj.gov/odp/exercises.htm. Volume IV, which contains sample exercIse materials and documents, can be found on OOP's Secure Portal at https://odp.esportals.com or http://www.llis.gov. Exercise Scenarios. The scenarios used in SHSGP-funded exercises must be terrorism-related and based on the State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. Grantees that need further clarification on scenarios should consult with their State Exercise Manager for assistance and/or approval. Fifteen all-hazards National Planning Scenarios, including 12 terrorism scenarios, have been developed, and will be made available for use in national, federal, state, and local homeland security preparedness activities (See HSPD-8: National Preparedness on page 49). Citizen participation in exercises is encouraged to include backfilling non-professional tasks for first responders deployed on exercise, administrative and logistical assistance with exercise implementation, and providing simulated victims, press, and members of the public. Citizen participation in exercises should be coordinated with local Citizen Corps Council(s). If a state or urban area will be hosting an upcoming special event (e.g., Superbowl, G.8 Summit, etc.), or they anticipate that they will apply to be a venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or UASI funding to fund training and exercise activities in preparation for that event. All tabletop exercises (ITXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and performance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State following every nx, drill, FE, and FSE. AAR/IPs must be provided to the State within 30 days following completion of each exercise (see HSEEP Volume II, Appendix A). D. Management and Administration. no more than 2.5% of each sub-recipient's total award may be expended on Management and Administration costs by the sub.recipients Hiring of full-time or part-time staff or contractors/consultants: . To assist with the management of the FY2005 SHSGP . To assist with design, requirements and the implementation of the FY2005 SHSGP . To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY2005 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to: Meeting compliance reporting/data collection requirements, including data calls Development of operating plans for information collection and processing necessary to respond to DHS/ODP data calls Overtime and backfill costs - Payment of overtime expenses will be for work performed by award (SAA) or sub-award employees in excess of the established work week (usually 40 hours) related to the M&A activities for the development and implementation of the programs under HSGP. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or local unit(s) of government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), 27 16F3 ~It 'f{~'. <i .... even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at htto:/lwww.oio.usdoi.aov/FinGuide). Acquisition 01 authorized office equipment, including: Personal computers . Laptop computers . Printers LCD projectors, and . Other equipment or software which may be required to support the implementation of the homeland security strategy The following are allowable only within the period of performance of the contract: . Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. . Leasing and/or renting of space for newly hired personnel to administer programs within the FY2005 SHSG P E. Unauthorized Expenditures . Expenditures for items such as general-use software (word processing, spreadsheet, graphics, etc.) . General-use computers and related equipment General-use vehicles . Licensing fees . Weapons systems and ammunition Constructfon or renovation of facilities that would have been reasonably necessary due to non-terrorist threats . Activities unrelated to the completion and implementation of the SHSGP Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs . Recurring Costs . Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill. F. Overtime and Backfill Guidance Overtime: Expenses incurred by those personnel who, as a result of ODP-approved activities are performing over and above their normal, scheduled work hours or work week. Backfill (also called Overtime as Backfill): Expenses incurred by those personnel who are working over and above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who are temporarily assigned to ODP-approved activities outside their core responsibilities. The OJP OC does not distinguish between Overtime and Overtime as Backfill - they are both viewed as overtime regardless of whether the individual has performed more hours in their normally assigned place of duty or if the overtime accrued as a result of being re-assigned to a different place of duty. Overtime and backfill do not result in an increase of full-time employees (FTEs). National Preparedness Initiatives Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay abreast of irlltiatrves being highlighted by DHS and to comply with associated program requirements. A. National Incident Management System (NIMS) NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size or complexity. Since FY2005 is a critical year for initial NIMS adoption, the Recipient should start now by prioritizing FY2005 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to facilitate its implementation. 1. Minimum FY2005 NIMS Compliance Requirements . Incorporating NIMS into existing training programs and exercises; Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the eligibility and allowable uses of the grants); Incorporating NIMS into emergency operations planning; . Promotion of mutual aid agreements; and, . Institutionalizing the use of the Incident Command System (ICS). 2. Local units of government should support NIMS implementation by: 28 16F3 ". ~ ..... . Having relevant personnel complete ~he NIMS Awareness Course: "National Incident Management System (NIMS), An Introduction" IS 700. This independent study course is available on-line and will take between forty-five minutes to three hours to complete. The course is available on the Emergency Management Institute web page at: htto://trainina.fema.aov/EMIWeb/IS/is700.aso . Formally recognizing NIMS and adopting NIMS principles and policies. The Nle will provide sample language and templates to assist in formally adopting NIMS through legislative and/or executive/administrative means. . Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The NIC is developing a web-based self-assessment system, the NIMS Capability Assessment Support Tool (NIMCAST) to evaluate their incident response and management capabilities. The NIC is currently piloting the NIMCAST with a limited number of states. Upon completion of the pilot, the N1C will provide all potential future users with vOluntary access to the system. Additional information about the NIMCAST tool will be provided later this year. . Establishing a tlmeframe and developing a strategy for full NIMS Implementation. Transit systems are encouraged to achieve full NIMS implementation during FY 2005. To the extent that full implementation is not possible during FY 2005, federal preparedness assistance must be leveraged to complete NIMS implementation in FY 2006. By FY 2007, federal preparedness assistance will be conditioned upon full compliance with NIMS. . Institutionalizing the use of the les. Transit systems that are not already using ICS, must institutionalize the use of ICS (consistent with the concepts and principles taught by DHS) across the entire response system. 3. FY 2006 and FY 2007 Requirements In order for the Division to receive FY2006 preparedness funding, the minimum FY2005 compliance requirements described above must be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from the NIC. The NIC web page, htto://www.fema.aov/nims, will be updated regularly with NIMS information and implementation guidance. III. Reporting Requirements A. Semi.Annual Proarammatic Reoortina: The Semi-Annual Programmatic Report is due within 15 days after the end of the reporting periods (June 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. Pro rammatic Re ortin Schedule Re ortln Period Re art due to OEM no later than Janua 1 throu h June 30 Jul 15 Jul 1 throu h December 31 Janua 15 Proarammatic Reoortina: Information to Reoort On After the end of each reporting period, for the life of the contract, the Division will provide a Biannual Strategy and Implementation Report worksheet to the Recipient Point of Contact listed in this contract. This worksheet will contain all of the information that the Recipient needs to report on. The Recipient is to complete this worksheet in its entirety and email the finished product to the programmatic contact listed below. The first worksheet will be available after the July 1 - December 31,2005 reporting period. B. Proled"ltemsJ 1. Planning - the Division reserves the option to request access to any document, as described below, at anytime during the contract period. . If the Recipient chooses to enhance/develop a plan, parts of a plan, SOP/SOG, or other documentation then, the Division will require the review of a draft copy of this document for NIMS compliance. The Division will only be making recommendations. 29 16F3 ~J If the Recipient chooses to enhance/develop a mutual aid agreement, the Division will require a copy of said agreement. . If the Recipient chooses to enhance/develop a GIS database product, the Division will require access 10 the layer or database. . If the Recipient chooses to enhance/develop public information related materials. the Division will require a copy of said materials. If the Recipient chooses to participate in a Domestic Security related meeting or conference, the Division will require a copy of the agenda prior to the meeting and a roster after the meeting. . If the Recipient chooses to conduct an assessment, we will require a copy of the completed assessment. Since these are secure documents, they should be submitted on CD. 2. Training . If the Recipient chooses to conduct training, the Division will require the tftle of course, instructor's name and a list of attendees prior to course delivery. Afterthe course has been delivered, the Division will require a roster of actuai participants. 3. Exercises . If the Recipient chooses to conduct an exercise, an After Action Report shouid be submitted to the Division no later than thirty (30) days after the conclusion of the exercise. C. Reimbursement Reauests: An invoice or purchase order must accompany each request tor reimbursement. A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. D. Close-out Proarammatic Reoortina: The Close-out Report is due to the Florida Division ot Emergency Management no later than 60 days after the contract is either completed or the contract has expired. i V. Points of Contact I Contractual Point of Contact I Chanda Brown I FDEM I 2555 Shumard Oak Blvd. I Tallahassee, FL 32399.2100 (850) 414.8538 ! Chanda.brown@dca.state.fl.us Programmatic Point of Contact Farrah Gostord FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 413.9974 Farrah .Dastord@dca.state.fl.us 30 16F3 '1J Attachment 8 Program Statutes and Regulations I) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 31 16F3 '" Attachment C RESiPiENT: Incicare by checking one of the boxes below, if you are requesting an advance, If an advance payment ;s "equested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is SUbject to s. 216,181 (16)(a)(b), Florida Statutes, The amount which may be advanced shall not exceed the expected cash needs of the recipient within the inilialthree months, JUSTIFICATION OF ADVANCE PAYMENT ; I :'10 ADVANCE REQUESTED [ ] ADVANCE REQUESTED \\1 aJ\'aoce payment is requested. Payment ,\'I! I ht: ,'io/ely on a reimbursement basis. No .:Jdirjonal information is required. ADVANCE REQUEST WORKSHEET Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start. up supplies and equipment. We would not be able to operate the program without this advance. If ~'ou are requesting an advance, complete the following worksheet , (A) (B) (C) (D) FFY 2002 FFY 2003 FFY 2004 Total ' DESC::iIPTION , , , 1 ! 11i''';';L CONTRACT ALLOCATION '2 , Fi:=:3, I HREE MONTHS CONTRACT E::?9JDITURES' , A'h2AGE PERCENT EXPENDED IN FIRST ~ 1 THREE MONTHS Ci,:de i1ne 2 by line 1,) First three months ex enultu!e~ neeu o~,y ue provlueu ,or t! e years In WIIIC.'.'. you.requeste., an "::vance. If you do not ~ave thIS informatIon, call your consultant and they WIll assIst you, MAXIMUM ADVANCE ALLOWED CALULATlON: Cell 03 X $ DCA Award o not include any match) = MAXIMUM ADVANCE :~.'U'::ST FOR WAIVER OF CALCULATED MAXIMUM J Recipient has no previous DCA contract history. Complete Eslimated Expenses chart and ~;;planation of Circumstances below, . ,"1eClpient has exceptional circumstances that require an advance greater than the Maximum Advance .iculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional ~'::(Jes if needed. 32 16F3 . ESTIMATED EXPENSES BUDGET CA TEGORY 2004-2005 Anticipated Expenditnres for First Three Months of ADMINISTRA TIVE COSTS Contract (Inclnde Secondarv Administration,) PROGRAM EXPENSES TOTAL EXPENSES Dlanation 0 Ex f CIrcumstances. 33 16F3 , .:r . ~::";" Attachment D Warranties and Representations Financial Manaqement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order '0 ensure objective contractor performance and eliminate unfair competitive advantage, contractors that ,jevelop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder :Jr offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, Price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the 'Jldder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. 'he Recipient shall maintain written standards of conduct governing the performance of its employees "ngaged in the award and administration of contracts. No employee, officer, or agent shall participate in '~e selection, award, or administration of a contract supported by public grant funds if a real or apparent :onflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, 'iny member of his or her immediate family, his or her partner, or an organization which employs or is "oout to employ any of the parties indicated herein, has a financial or other interest in the firm selected for ,n award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, 'avors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, ''Tlployees, or agents of the recipient. 34 16F3 Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Bam to 4pm. Monday through Friday. Licensina and Perm ittina All subcontractors or empioyees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 35 'I, ... 16F31 Attachment E Certification Regarding ,'. Debarment, Suspension; Inlll/glbliity. . And Volunta . Exclusion '\' ';)';i\\: ;i\)\N::":'.~' ?xt,~\W:i;;';' <;~r;;\}' ',!;;' , '/;'\;' Contractor Covered Transactions (1) The prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name Name and Title DCA Contract Number Street Address City, State, Zip Date 36 Attach ment F 1 b F 31 Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMS Circulars No. A-21, A-11 0, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally- assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants, (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6, It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements, 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved 37 16F3 i"" 1.,. ,,,,,. .. December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations, 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Reviewof Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990)i Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 38 'M!'....'_'~, "::~...,-- -'C"'2;:'f, :j-'~~",~~'li!~!':'07''''' 16F3 \ ~- .. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs, 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System, 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67,615 and 67,620. 39 MEMORANDUM Date: February 6, 2006 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Contract 05-3864 Redesign ofthe Collier County Web site Awardee: Vision Internet Providers, Inc. Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16F4) approved by the Board of County Commissioners on Tuesday, January 24, 2006.. Kindly forward the documents to the appropriate parties for their records, The Finance Department and the Minutes & Records Department have their copies. If you should have any questions, please contact me at 774-8411 Thank you. Enclosures (3) 16F4 ITEM NO.: DATE RECEIVED1 6 F 4 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE \\ ~D \ o~~v \J\s (fIb REQUEST FOR LEGAL SERVICES Date: January 24, 2006 To: Office of the County Attorney Attention: Rotlert Zachary Linda Jackson Best, Contract specialist~ Purchasing Department, Extension 8990 ' From: Re: Contract 05-3864, .. Redesign of the Collier County Website " Awardee: Vision Internet Providers, Inc. BACKGROUND OF REQUEST: approved by the CC on January 24, 2006; genda Item This item has been previously submitted Note: Colleen Green reviewed the T&C from Vision Internet and the County boiler plate with me under 05-PCR-00364, November 30, 2005. ACTION REQUESTED: Please review for legal sufficiency, if acceptable, after signature, please forward to the BCC for final execution. OTHER COMMENTS: Thank you! LJB r--:> = = 0" c. ~, :""""'-' ~ ~ L... ---j( -<'fT J;:: (- --i ~r r- '--' ~.1] .:.::;.- 7" _.l __rr ;r: , --.-:' c..... :rj.. ::1':: ", en --0 ::r::: (..) w MEMORANDUM TO: r' .)f. Sheree Mediavilla 'O\.., \l Risk Management Department * FROM: Linda Jackson Best, Contracts Specialist Purchasing Department DATE: January 24,2006 RE: Review of insurance for Contract 05-3864, " Redesign of the Collier County Website " Awardee: Vision Internet Providers, Inc, 16F4 The Contract was approved by the BCC on January 24, 2006; Agenda Item ( 16 )(F)(4 ). Please review the Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Please advise me when it has been forwarded. If you have any questions, please contact me at extension 8990. Thank you. cc: John Torre, Communications and Customer Relations AGREEMENT 16F4 No, 05-3864, "Collier County Website Redesign" THIS AGREEMENT, made and entered into on this 24th day of Tanuary 2006, by and between Vision Internet Providers, Inc., authorized to do business in the State of Florida, whose business address is 2530 Wilshire Boulevard, 2nd Floor, Santa Monica, CaliforIl.ia 90403 hereinafter called the "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. This Agreement shall commence upon award of the Agreement by the Collier County Board of County Commissioners and receipt of the written "Notice to Proceed" from the Collier County Communications & Customer Relations Department. 2. STATEMENT OF WORK. The Consultant shall provide services in accordance with the terms and conditions of RFP #05-3864, "Collier County Website Redesign" and the Consultant's proposal hereto attached and made an integral part of this agreement. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of one hundred twenty one thousand, seven hundred seventy five dollars ($121,775), based on the prices set forth in the Consultant's proposal, subject to Change Orders as approved in advance by the County. 4. COMPENSATION. The County shall pay the Consultant for work performed under this Agreement in amount(s) specified in Exhibit D, Section 3. Payments shall be made to the Consultant when requested as work progresses; as accepted and approved by the Director of Communication and Customer Relations or their designee, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act" . 5. ADDITIONAL ITEMS/SERVICES: Additional items, interactive components and! or services may be added to this contract upon satisfactory negotiation of price by the Contract Administrator and Consultant. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Vision Internet Providers, Inc. 2530 Wilshire Boulevard, 2nd Floor Santa Monica, California 90403 Attention: Steve Chapin $'v- Fax: 310-656-3103 16F4 All Notices from the Consultant 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 Attention: Steve Carnell Fax: 239-732-0844 The Consultant 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. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 8. 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 Consultant. 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 Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant 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 Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant 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 Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant 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 Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 2 tv 16F4 10, 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. 11. TERMINATION, Should the Consultant 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 with a seven (7) day written notice for cause; further either party within thirty (30), days may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 12. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Consultant 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 Consultants; 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: Hired and Non-Owned Vehicles. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Professional Liability Insurance: The Consultant shall maintain Insurance to insure it's legal liability for claims arising out of the performance of professional services under this Agreement. Coverage shall have minimum limits of $500,000 Per Occurrence. 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 Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There 3 (c/ 16F4 shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Consultant shall insure that all subconsultants comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 14. INDEMNIFICATION, Each party agrees to indemnify, defend and hold harmless the other, its officers, board members, agents and employees from and against any and all fines, suites, claims, demands, penalties, liabilities, costs or expenses, losses, settlements, judgments and awards and actions of whatever kind or nature, including attorney's fees and costs (and costs and fees on appeal), and damages (including, but not limited to, actual and consequential damages) arising from any negligent, willful or wrongful misconduct, knowing misrepresentation or breach of this Agreement by such party, its officers, board members, agents or employees. This paragraph shall not be construed in any way to alter the State's waiver of sovereign immunity or extend the parties liability beyond the limits established in Section 768.28, Florida Statutes. 15. CONTRACT ADMINISTRATION, This Agreement shall be administered on behalf of the County by the Communication and Customer Relations Department. 16. CONFLICT OF INTEREST: Consultant 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. Consultant further represents that no persons having any such interest shall be employed to perform those services. 17. 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: Exhibit A, Scope of Work; Exhibit B, Component Pricing; Exhibit C, Project Schedule; Exhibit D, Website Development, Hosting and Maintenance Services Terms and Conditions; Exhibit E, Annual Maintenance Services Agreement; Insurance Certificate(s); Consultant's Proposal, and RFP #05-3864, "Collier County Website Redesign" . 18. 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. 19. VENUE: This agreement shall be construed in compliance with Florida Laws. Venue shall be in Collier County, Florida. 4 sc/ 16F4 IN WITNESS WHEREOF, the Consultant 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, B .' . J:C y , l' Attest as ,to' ha !'IIin 5 , .s1gnature0Ri1. Dated:'i9-~~0Jo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /J ~~~~-/ .-- Frank Halas, Chairman ATTEST: , Dwigl)t~.'Brec1<i:.clerk of Courts ,...' ....,', t..> By: Vision Internet Providers, Inc. ~~U/ First Witness ROf~ DfL Vries Typej print witness name ~ ;\~P--V'->J~. Second Witness By: ~~ ,. Signature st.wu-. (5, ~~kl Pr(Y~~ck.",J- Typed signature and title WI LL lAM HI<- Typej print witness name Approved as to form and legal sufficiency: (w~m_O , Robert Zachary Assistant County Attorney Item # llo p{ Agenda \ - 2.l.J- -,,'I . Date Y'(J eputy Clerk 5 16F4 EXHIBIT A SCOPE OF WORK The implementation of the County's website will include: o Attractive Desiqn: A website design that reflects Collier County, draws people in, and makes it immediately obvious that the website is the best place to get information and access resources. o Intuitive Naviqation: The information will be easy to find with the most important information accessible from the homepage to make it easier for website visitors. o Content Manaqement Solution: Collier County will also implement a content management tool to facilitate management of content to non-technical staff throughout the County. o Inteqrated Interactive Components: Interactive components will be implemented to make the website more engaging and useful for website visitors. o Inteqration of Third-Party Applications and Databases: Collier County has a number of third-party e-government applications and databases, plus intends to add others. These will integrate into the overall look and feel of the website. Each of these recommendations is discussed in more detail in the sections that follow. Attractive Design The County's website will have a design that makes it stand out among counties on both a regional and national basis. The website will be inviting, easy to use, and will reflect the County's unique identity. This will be accomplished through the following design characteristics: o Creative desiqn that incorporates custom design elements and the most important information easily accessible from the homepage. o Photos and collaqes of recognizable landmarks and scenery of the County and the local area. o Consistent look and feel throughout the site by using a singular theme thus making it easier for visitors to navigate the site and find information they need. o Use of Cascadinq Style Sheets to ensure future consistency as well as separation of content and design. This makes it much easier to apply a new design theme in the future without the need to redevelop the underlying website. o Section 508 Compliant making it accessible by persons with disabilities. It may also incorporate the following design elements to make it easier for users to navigate the site: o Easy to use drop down menus helping users to quickly understand navigation and locate information. o Breadcrumbs to show the user's current path to let them know exactly where they are on the website. -1- ~c/ 16F4 Intuitive Navigation For County's website, Contractor recommends organizing information bv topic, service, or target audience, in addition. to by department or office. Contractor's approach allows users to find the information in a variety of ways that are most important to them. This is an approach Contractor uses on many of its government websites making it easy for visitors to find information. This is largely because content is available through multiple "paths" making it simple for users to find information regardless of the way they prefer to navigate the website. Content Management Solution The project will include implementing the Vision Content Management Tool. The County will not be locked into the Contractor or any other company because it is based upon standard technologies, and Contractor will provide the County with all the source code for its own use. The Vision Content Management Tool Vision Internet's content management tool provides the County with a dynamic website where the County is able to modify content on any page in the website through simple, easy to use admin screens. Additionally, the County can add new pages and insert them into the navigation of the website. This allows the County to continually grow its website over time, without ongoing maintenance fees. The Vision Content Management Tool includes functions that make it extremely easy for non-technical staff to manage website content. The most important include: o Content Approval Cvcle, allowing staff persons to create content that goes through multiple levels of review and approval before going "live." o WYSIWYG Text Editor based upon standard document creation tools make it easy for non-technical staff to edit and format text. With the WYSIWYG (What You See Is What You Get) editor, they can change font styles, colors, sizes, and formatting such as bold, italics, and underlining. o Browser-Based Administration allows for easy management of content by anyone versed at surfing the Internet and using basic word processing programs. Authorized staff members can update, delete, and create new pages based on a predefined template, and insert them within the website's navigation. o Spell Check to help make sure content is free of spelling errors. o Styles give web pages a consistent look because styles can be applied to such elements as text, headers, and lists. o Search and Replace tool for replacing a word or phrase within the page. o Secure Administration offering password protection to content management functions. The sophisticated tool allows granting of management rights to specific users or groups of users. Administration rights can be granted to the entire site or restricted to specific areas or types of content. o Single-Source Web Publishing permits administrators to update a single web page yet changes will be reflected on multiple pages throughout the site. - 2- (0/ 16F4 D Naviqation Control allows adding new pages or move pages anywhere within the website. D Paqe Linkinq enables easy creation of links to any page in the website or to other websites. D Email Address Maskinq to prevent spammers from getting the email addresses of County employees when crawling the site. D Document Central so County can store a single version of each document in a central place and link to them from virtually any page in the website. D Imaqe Librarv so County can store a single version of each image in a central place and subsequently add them to virtually any page in the website. D Content Schedulinq saves time and money because all standard pages and specific predefined component content can be set up to publish ahead of time and be automatically removed or archived when it will no longer be relevant. D Printable Paqes enables website visitors to print out virtually any page on the website for reading off line. D Content Approval Cycle allowing staff persons to create content that goes through multiple levels of review and approval before going "live." D Multilinqual Support allowing the County to publish web pages in any language including multi-byte Asian and Arabic languages. The tool will be configured to accept Spanish Language translated content. Translation services are not included. Additional languages are available for an additional fee. Optional functions available under additional budget include: Included Interactive Components These components are included within the project: D Calendar D Image Library D Document Central D Link Library D Design Themes D Members Only Section D Dynamic Banners D Multilingual (Spanish) Site D Dynamic Homepage (2) D News and Newsletters D Dynamic Department Homepages D Site Search D e-Notification D Sitemap Generator D Frequently Asked Questions D Staff Directory Each of these interactive components is described in detail below. Calendar The Calendar can be implemented in a user-friendly monthly, or yearly, format. To further assist users, the Calendar has filtering tools that allow users to find information by month, category, or even departments. To make Calendar management simple for staff, all events are stored in a central database. Additionally, it provides the same formatting tools available for authoring pages, thus allowing users to add images, create links to other content in the website, - 3- 5e/ 16F4 and attach documents (such as flyers, agendas, staff reports or any other type of document) from the Document Central. Staff can easily add, delete, or modify events through a simple browser interface. To further save time, the Calendar includes Recurring Event function allowing staff to create recurring events where the same event, such as monthly commission meetings, can be setup in one easy step. It allows weekly, monthly, and yearly recurring events (i.e. it can use calendar dates, as in the 5'h of each month, or days, as in the first Tuesday of each month). Once the individual events are defined, staff can edit them independently. This enables each event to have its own unique description, agenda, and other information. Document Central One of the main reasons people visit a local government website is to get information and download important documents and forms. With the Document Central, website visitors can easily find the information they need, and the County can slash the printing or distribution costs for all types of documents. Based on contractor's extensive experience in content management, the Contractor recommends a centralized location for all documents. This allows website visitors to browse for documents from a single, categorized location as well as to access the information from individual pages within the website. Furthermore, it allows easier administrator management of the documents, thus preventing confusing links and ensuring there are not multiple versions of the same document throughout the site. The County can also replace a file in the Document Central and eliminate the need for updating links to documents from within pages throughout the website. Contractor recommends all documents be stored in Adobe Acrobat PDF format to enable everyone to view, regardless of platform. However, most types of files, including Microsoft Word, Excel, graphics files, and audio or video clips, may also be uploaded. Design Themes The Design Themes tool allows the County to give subsections of the website their own unique look and feel. This provides overall navigational and page layout consistency for website visitors. The navigational and page layout consistency will make navigating the site easier for users; the structure will remain the same throughout the website. At the same time, however, by being able to apply different graphic designs and color schemes to different sections, the County can incorporate distinct branding elements into a single website. To make it easy for staff, they simply select the design theme to be applied to the page, from a list of available options that Contractor defines for the content management tool. Included in the scope of the project is the graphic design, creation, and implementation of up to six Design Theme templates. NOTE: The Design Themes will be used to give each division its own unique design theme. Dynamic Banners While County's site will include graphical banners that make the website attractive, changing the banners from time-to-time will keep the website fresh and interesting. - 4- ~C/ 16F4 While Vision Internet can change the banners at any tirne, for an incremental maintenance fee, with Contractor's Dynamic Banners tool the County can change the banner images at any time. With the simple to use interface, County could easily upload pre-sized photos or graphics to replace existing banner graphics. For the project, Contractor can implement Dynamic Banners to allow County to apply a different banner for individual pages, the overall website, or on a rotating basis. Contractor will work with County to determine the best implementation for County's needs. Dynamic Homepage A Dynamic Homepage is one of the cornerstones of a successful website. It can automatically display content from most of the Interactive Components included in the project. This reduces staff time in maintaining the site, while drawing attention to the most important content right on the homepage. When combined with the Calendar and News components, it is a great way to keep the site fresh by ensuring that website visitors are exposed to perishable content like news and events. Contractor will work with the County to determine the best layout for the Dynamic Homepage. Contractor will then implement a predefined template that may incorporate links, introductory or teaser text, and even photo thumbnails of events from the Calendar, and articles from the News and Newsletters component. Included in the project are two dynamic homepages. They include homepages for: D The overall county site. D An Emergency Information section of the site. Dynamic Department Homepages In addition to the overall enterprise level homepage, each department will have a Department Dynamic Homepage which will list information from their specific department. Additionally it will have a page header that reflects the name of the department. The overall look and feel of the page plus the navigation; however, will be consistent with the overall website. To the side is an example from the City of Arcadia, California. The implementation of Dynamic Department Homepages does not include graphic design for each individual department, while it is available for an additional fee. e-Notification The e-Notification tool provides a sign-up box allowing users to add their email addresses to receive important notices, and set their preferences for the e-notifications they would like to receive. Each registration is verified via a confirmation email that the user must respond to in order to complete the registration process. This same mechanism allows each user to change preferences including opting out from subscription lists. To better manage the e-notification process, staff can see how many subscribers there are for each category, plus edit subscriber information and export the subscriber database for use in other systems. - 5 - sc/ 16F 4 The e-Notification tool also integrates with the News and Newsletters components, providing the ability to broadcast news and newsletter content from the website to subscribers. There is no need to recreate the content. This integrated approach enables users to sign up for different types and categories of content on a single subscription page in order to have it delivered directly into their email box. The County is interested in exploring alternative modes of distributing the information beyond email. Contractor recommends integration with T ele-Works FirstResponder to provide broadcasting of information by fax, voice, TDD/TfY, and SMS. This system and integration would be an additional fee. Frequently Asked Questions Website visitors are able to browse the list of questions (and answers) by categories the County defines. Because multiple categories may be assigned to each question, visitors will be able to find answers, based upon the category that best matches what they are looking for. Staff is able to input all questions and answers through a simple, centralized interface where they enter the question, the answer, and assign one or more categories to the FAQ. Image Library The Image Library is a centralized place where all images used in the website are stored. This saves space as there is a single version of each image used on the website. This also provides greater control, as the County can restrict the ability to add new images to specific staff members. When deleting images from the Image Library, they are archived to prevent accidental broken links within the website. Link Library Site visitors appreciate having links to important information and resources. The interactive Link Library provides a better alternative because it allows users to browse links they are interested in; based upon categories the County predefines. Since there may be several categories that apply to an individual link, multiple categories can be assigned to each link without double entry. The County can give each link a name, add a description, and a thumbnail photo. Members Only Section The Members Only Section(s) allows the County to restrict content to registered users of the site. This is great for use as an extranet where the County shares information with partners and other persons outside of the organization or as an intra net where only employees are allowed to access sections of the website. With the Members Only tool, the County can define an unlimited number of groups such as employees, partners, and executive management. Registered users can belong to any number of groups and any number of groups can be associated with most pages in the website. Once implemented, the website visitors will need to log into the website using a user name and password to view the Members Only pages. While the basic Members Only tool includes functionality (to restrict viewing pages in the navigation of the website), the Contractor also offers the ability to restrict viewing content in the interactive components, such as the News and Calendar. This is helpful if - 6- Sv 16F4 the County wants to have select news or events view only by members. An additional fee applies for implementing the functionality within the interactive components. Multilingual (Spanish) Site The Contractor will create a separate homepage and Emergency Information homepage in Spanish that will be based upon the English versions of the pages. The graphics and top-level navigation, however, will be translated into Spanish and link will be added to the page header of each site allowing users to easily switch between the different language sites.. The County will then add the alternative language pages into the website using the same content management tool as the main website. The County may also want to have alternative language content from the other interactive components, such as Calendar and News. Spanish language versions of these are available for an additional fee. Translation of content is also available for an additional fee as is the adding of additional languages that could include multi-byte Asian languages. News and Newsletters News can take many forms, including press releases, newsletters, feature stories, and "what's new" content. The News and Newsletters component can support each of these types in a single section of the website or have their own. To ensure usability for website visitors, while providing simplicity for staff, news content is automatically moved to an archive section at a predefined interval such as 90 days after publishing. Website visitors can browse the archive by filtering news articles based upon defined categories and date ranges of interest. It is a great way to provide a historical archive while making it easy to administer. The project includes up to two types of news. Site Search Site users can find the specific content they need through the powerful search engine dtSearch. The tool will search both HTML pages and documents like Adobe PDF files and Microsoft Word documents. It will return results in order of relevance based upon frequency of search words in the page content or metadata. In an optional, advanced mode implementation, dtSearch supports full Boolean key word searches. This is third party software that needs to be installed on the web server. Sitemap Generator Some people prefer to navigate from a central sitemap where they are able to quickly see a snapshot ofthe overall website structure. Additionally, most blind people will use the sitemap as the principal source of navigation because it is much faster for their screen reader software to move through the site. The Sitemap Generator makes it easy for website visitors, and staff alike, by automatically generating a sitemap based upon the current site hierarchy. When a change is made to a page location on the website, it is automatically updated on the sitemap. This ensures up-to-the-minute accuracy, and is much easier than staff having to maintain a static sitemap. - 7- StY 16F4 Staff Directory It is often difficult for website visitors to find the correct person or department to contact in a government agency. The useful Staff Directory component makes it easy to locate the correct contact. It can list all staff persons, departments, even related agencies and partners, along with their contact information and description of their role, or area, of specialization. Website visitors can easily filter the list of staff based upon name, department or other criteria determined to be important for the website visitors. The Staff Directory will "mask" email address so the harvesting software used by spammers cannot automatically pickup email addresses from the website. Optional Interactive Components Below is a sampling of other components available from the Contractor. They may be added to the project at any time for an additional budget. Q Advanced Form Creation Tool Q Meeting Agenda and Minutes Q Business Directory Q Message Board Q Crime Statistics Q Most Popular Pages Q Donation Acceptance Tool Q Officials' Corner Q e-Postcards Q Photo Gallery Q e-Procurement Tool Q Real Estate Listings Q Event Registration Q RFP Posting Q Facilities Database Q Road Alerts Q Forward to a Friend Q Online Payments Q IntranetlExtranet Q Survey Tool Q Itinerary Builder Q Tax Data base Q Job Applicant Manager Q Team Collaboration Q Job Posting Q Virtual Tours Q Media Center Q Weather Update Contractor believes these tools to be of greatest benefit to the County: Q e-Procurement Tool Q Job Postings Q Job Applicant Manager Q Meeting Agenda and Minutes Q Most Popular Pages Q Officials' Corner Q Photo Gallery Q Road Alerts e-Procurement Tool The Vision e-Procurement Tool is an advanced application with everything needed to manage the bidding process. It includes tools for supervising vendors, addendums, questions and answers, posting bid opportunities, and accepting online bids. The tool features: Q Vendor registration and management tools Q Bid opportunity posting Q Bid scheduling - 8- ,S'C/ 16F4 o Online bidding, including uploading and encryption of proposals and other documents o Automated tabulation De-Notification of bid opportunities, addendums, and answers to questions o Q&A management tools Job Postings Job Postings is one of the most popular types of content on local government websites. By posting jobs within the site, the County is both attracting possible candidates, plus averting the flood of telephone inquiries about jobs that do not exist. This, of course, keeps administrative costs down. The Job Postings tool makes posting jobs a snap. County HR staff simply fills out a form that can have any number of fields the County defines (such as position, department, salary, and benefits). Postings can be scheduled as to when they go live on the website and when they expire, thus reducing administrative time and costs. To make it easy for users, postings can include interactive tools for filtering available positions by category, type of position, posting date, and salary. As is normal for all Contractor's components, staff is able to define the categories or classification of Job Postings. Job Applicant Manager With the Job Applicant Manager, website visitors can apply for jobs online by filling out an application and submitting it for a specific job or for possible future jobs. The information is stored in a central database, and when submitted for a specific job, it is emailed to the manager responsible for hiring the position. HR can generate lists of prospective employees via interactive tools where they filter by skills, experience, salary requirements, and/or date application is submitted. Meeting Agenda and Minutes Meeting Agenda and Minutes is a staple to virtually all local government websites. It offers various advantages such as allowing you to quickly, and immediately, make public information available, while at the same time reducing your costs for distributing information. Our standard content management tool allows you to post this type of information, however our advanced Meeting Agenda and Minutes tool provides much more. Integrating with the Calendar tool, administrators can add agendas and minutes in a single, easy step. By letting website users access meeting information, agendas and minutes directly on the web site, you can reduce printing and postage costs while improving responsiveness. Our Meeting Agenda and Minutes tool allows users to easily view current, or archived, meeting information when they wish. This will allow non- technical staff to quickly and easily add, delete, or modify agendas, minutes, handouts, action items, and related documents. - 9- St/ 16F4 Most Popular Pages With the Most Popular Pages Tool, users can filter lists of pages by the department or topic the County's staff has assigned to the pages. Because the tool also tracks how many times each page is viewed, the list shows the most popular pages in descending order. The interactive list may be displayed within a box on the homepage, on sub- pages, and as its own full interactive page. Official's Corner Elected officials enjoy having the ability to communicate directly with the community, and residents will appreciate seeing regular updates from those that serve them. The Officials' Corner enables elected officials to directly keep constituents informed about what is happening in the community via their own blog. Website visitors are able to browse a list of elected officials, see descriptions of the roles and responsibilities of the positions, and view a bio of the serving officials. Users can view the current blog, message, or updates that are posted by the official, or scan through a list of archives. A staff member can easily add or remove officials following an election that results in turnover. Officials are able to post updates at any time through a secure and simple interface within the content management tool. Photo Gallery Nothing spices up a web site like pictures. With the Photo Gallery component, website visitors can browse pictures. Users can view photo albums defined by staff, and either look at photos via clicking on thumbnails or simply viewing them all in a slide show. While the County can setup the basic photo albums with the Contractor's content management tool, the Photo Gallery component includes several tools to make administration much easier. Simply upload the image to the new album, and add a caption; thumbnails are automatically created and added to pages based upon the predefined template. Also, to ensure accessibility, and Section 508 compliance, the necessary alt-tags are automatically added to each photo. Road Alerts Contractor can create a custom interactive tool where registered users can receive email notifications of road closures and traffic disruptions and where they are able to interactively view road information by region or other types of categories. Integration of Third-Party Tools and Databases Today, there are many advanced tools for such functions as: o Class Registration o Permitting o Service Requests (CRM) o Streaming Video o Others - 10- !:C/ 16F4 Contractor will provide an HTML template that vendors of third-party tools can use to give them the same look and feel as the overall website. Contractor will also integrate links to these third-party tools, into the overall website navigation. Implementation Process To ensure the project meets the County's expectations, each stage of the implementation process has formal review and approval points to give the County full control of the project and ensure the final website meets expectations. This process is explained in the sections below. Stage 1: Vision Stage In the Vision Stage, Contractor work with the County to create the VISion for the website now and for the future. The Vision Stage places heavy emphasis on the objectives of the website and how it supports the overall organizational goals. The Contractor will perform surveys of internal stakeholders, and optionally survey target audiences. The heart of this stage of the project is the brainstorming sessions where Contractor will discuss the County's current website, results of surveys, needs of users and staff, and possible approaches for the future. Stage 2: Concept Stage In the Concept Stage, Contractor will create the blueprint for realizing the vision. To do this, Contractor will develop the site infrastructure that includes: [J Creation of a navigation strategy that supports easy access to information. [J Categorization of pages according to the navigation strategy. [J Creation of a conceptual sitemap. The navigation or information architecture will take into account current needs plus allow for future expansion. [J Recommendation of interactive components to support easy navigation through special types of content, such as events and news. [J Drafting of a homepage layout wire frame that shows the placement of key information and dynamic content. The Concept Stage ends with the County's approval of the sitemap and homepage layout. Stage 3: Design Stage In this stage, Contractor's creative team will continue with the creative graphic design for the homepage, based on the approved homepage layout wire frame. Contractor will work very closely with County staff to establish a look and feel for the website that reflects the County's unique identity. Website/Graphic Design will include: [J Up to three (3) homepaqe desiqn concepts to establish direction. [J Efficient and streamlined navigation and site architecture. [J Section 508 Accessibility Compliance [J Consistent graphics, structure, and navigation design. -11- S',V" 16F4 Towards the end of this stage, Contractor will present final homepage design concepts for approval. County will select one for implementation in the new website. Stage 4: Development Stage This stage includes the interior page design and programming the website according to the approved specifications and creative design. Programming will include the implementation of the content management tool and development of the interactive components. Contractor's creative team will give direction for the sub-level page design. This stage also includes the migration of up to 2,500 pages of content into the website. Stage 5: Quality Assurance, Documentation, and Training Stage While quality assurance is an integral part of every stage of the project, in the Quality Assurance Stage Contractor will do extensive testing and reviewing of the website code. Contractor will thoroughly follow an exhaustive checklist of all pages and functions created during the development stage. The County will have a staff representative participate in this process to verify the site fulfills the expectations for the project. Within this stage, Contractor will also provide training for the content authors from each of the departments in addition to an overall system administrator. For content authors, the Contractor will train them on how to create and update content using the content management tool and for the administrator the Contractor will instruct on managing security, system configuration, and other advanced topics. A custom traininq manual and reference is provided for updating the website. The manual incorporates screenshots from the County's website, making it easy for staff to understand and use. Stage 6: Launch Stage In the Launch Stage, the website is moved to the production server. Contractor will perform final testing, and, once the County approves the final site, it will be launched and made available to the public. Contractor will continue to monitor the website over the next three months to make sure that the entire site is functioning properly. - 12- f)c/ 16F4 EXHIBIT B COMPONENT PRICING Within the Scope of Work (Exhibit "A"), is a list of included and optional components. Contractor will exchange components of equal value during the Concept Stage of the project if it is determined to be of best interest to the County. The pricing for Included Components are outlined below while the pricing of optional components follows. Included Component Values Component Value Base Price 1 $38,041 Migration $31,275 Calendar $3,660 Document Central $0 Design Themes $4,740 Dynamic Banners $1,560 Dynamic Homepages (2) $6.460 Dynamic Department Homepages $1,560 e-Notification $4,800 Frequently Asked Questions $2,760 Image Library $0 Link Library $3,420 Members Only Section $5,448 Multilingual (Spanish) Site $7,056 News and Newsletters $3,660 Site Search $3,315 Sitemap Generator $0 Staff Directory $4,020 Total $121,775.00 Included Additional Services Included in the scope of the project are additional hours for graphic design and a Style Guide. A total of $2,400 (24 hours) has been added for the graphic design and $1,600 (16 hours) for the Style Guide. The extra graphic design time is allocated for the Design 1 Base price includes design, consulting, training, documentation, and content management tool. - 13- 5G/ Themes, Dynamic Banners, Department Homepages, and the Emergency Information Homepage. Optional Component Pricing The following components may be swapped for included components (listed above) for those of equal value. -.--.- Component Value e-Procurement Tool $19,950 ---- - Job Postings $4,020 Job Applicant Manager $4,020 Meeting Agenda and Minutes $3,050 Most Popular Pages $3,660 Officials' Corner $4,020 Photo Gallery $4,020 Road Alerts $4,020 -14 - 16F4 SC/ 16F4 EXHIBIT C PROJECT SCHEDULE The table below shows Contractor's expected development and launch schedule along with a list of key deliverables/milestones. Contractor will work with County to establish a final development schedule and can, if required, work with the County to find a way to reduce the project schedule. 3 -4 Weeks - 9 Weeks - 3 Weeks * The schedule may vary largely depending on optional components and participant decision times. - 15- ~c/ 16F4 EXHIBIT D WEBSITE DEVELOPMENT, HOSTING AND MAINTENANCE SERVICES TERMS AND CONDITIONS I. Intentionally left blank. 2. Intentionally left blank. 3. Contractor agrees to perfonn Website Development as described in "Exhibit A" at a price of$]2I,775. (a) County agrees to pay Contractor as follows: (i) A payment equal to 40% ($48,710) of the total cost upon County approval of the site map; (il) A payment equal to 20% ($24,355) of the total cost upon County approval of homepage design comp; (iii) A payment equal to 20% ($24,355) of the total cost upon implementation of the Vision Content Management Tool on a Contractor's server; (iv) A payment equal to 20% ($24,355) of the total cost upon completion of the website and County approval. (b) During the Vision and Concept Stages of the project, the Scope may change to incorporate different components than originally conceived. A listing of component values, for purpose of exchanging components, is listed in "Exhibit B": 4. Documents & Data: Licensing of Intellectual Propertv: This Agreement creates a non-exclusive and perpetual license for County to copy, use, or modify for its own use, any and all copyrights, designs, and other intellectual property embodied in this website, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"), to which Contractor retains ownership of all intellectual property rights. 5. Contractor shall provide for one unique domain at no charge, monthly website hosting and database hosting on a shared server ("Hosting") for a period of three months commencing on the date of the website launch. Hosting after the first three months will be billed to County at the rate of $200 per month for a period of nine months ("Initial Term"). With respect to the Initial Term, unless one party has given written notice to the other party of its intent not to renew this agreement at least thirty (30) days prior to expiration of the Initial Term, this Agreement will continue in effect on a year-to-year basis thereafter wltil one party gives written notice to the other of its intent not to renew this Agreement at least thirty (30) days prior to the expiration of any renewal term. 6. Contractor shall provide at no charge, monthly website maintenance and updates ("Maintenance") for up to five hours each month for a period of three months commencing on the -1- sC/ 16F4 date of the website launch. Services and maintenance beyond five hours per month in the first three months are provided according to the tenns described in Exhibit E, Annual Maintenance Services Agreement. Services and maintenance after the first three months are provided according to the tenns described in Exhibit E, Annual Maintenance Services Agreement. 7. Additional services not covered in this Agreement and extra hours will be presented to County for approval prior to commencement of work ("Extra Work"). Extra Work will be billed at Contractor's prevailing hourly rates, which are currently as follows: H1ML Programming, Data Inpu~ $751hr; Graphic Production $85/hr; Quality Assurance, Testing, Debugging, Webmaster Services, $951hr; Consulting, Project Managemen~ Database Design, Dynamic Programming, $125/hr; Graphic Design, Training, $100/hr; Straight flatbed scanning will be billed at $10 per scan. Touch up work to images will be billed at the Graphic Design hourly rate. County shall be responsible for any or all additional fees including, without limitation: photography, stock images, illustration, scanning, software, applications, online promotion, marketing, copy writing, redesign, change orders, mailings, and fees to any third party vendors if applicable. 8. Intentionally left blank. 9. County shall supply all infonnation to Contractor in digital format including without limitation copy, text, audio files, video files, pdf files, photographs, artwork and preexisting graphics. 10. County understands that Contractor will develop website frontend to be compatible with Netscape 6. I and above and Internet Explorer 5.5 and above. Website backend will be compatible with Internet Explorer 5.5 and above. Website may not be compatible with previous versions. Website will be optimized for 800 x 600 pixels resolution or above. County understands that the website will be developed with Hypertext Markup Language ("HTML"), JavaScript, and Microsoft Active Server Pages 3.0 or Microsoft ASP.NET ("MS-ASP") interfaced with a database created in Microsoft SQL Server 2000 ("MS-SQL"). County understands that the website is developed to run on a Microsoft Windows 2000 Server or Microsoft Windows 2003 Server ("MS. Server"). County is responsible for the costs of all software licensing. County understands that the website frontend will be designed to be compliant with Section 508 guidelines on accessibility. Conteut migrated into the website by Contractor will also be compliant. Compliance standards will be verified via Watchfire's BobbyTM software prior to Completion. County understands that website backend and third party tools may not be Section 508 compliant. 11. Limited Warranty: Contractor does warrant that all of the deliverables included in this Agreement will be conveyed to County. All programming code developed by Contractor within the project is warranted for a period of twelve (12) months from the date of the completion of the website ("Completion"). Contractor will create a back up of the website on the date of Completion. If any warranted problem arises while County or its designee is maintaining the website, Contractor will restore the website back to its condition as it existed at Completion. If Contractor is maintaining and hosting the website, Contractor shall restore the website back to its condition as it existed at the day of the most recent backup. Contractor shall only be responsible for any costs associated with correcting any unmodified programming code during this twelve (12) month period - 2- Sc./ 16F4 following the Completion. Except as expressly set forth in the immediately preceding paragraph, CONTRACTOR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE WHATSOEVER. In no event, at any time, shall the aggregate liability of Contractor exceed the amount of fees paid by County to Contractor and Contractor shall not be responsible for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other damages, however caused. 12. Contractor does not warrant any results from the use of any web pages created under this Agreement, including but not limited to, the number of page or site visitations, download speed, database perfonnance, or the number of hits or impressions. 13. Although Contractor may offer an opinion about possible results regarding the subject matter of this Agreement, Contractor carmot guarantee any particular result. County acknowledges that Contractor has made no promises about the outcome and that any opinion offered by Contractor in the future will not constitute a guarantee. 14. Contractor may use any web pages developed for the County in any of its own promotional materials as examples of its work. County agrees that Contractor may place in the website footer an unobtrusive text link reading "Developed by Vision Internet" or the equivalent. Contractor's footer text credit shall always be linked to a Contractor web page. 15. Each Party warrants that it holds all rights necessary to display all the images, data, infonnation or other items being displayed at the County's web pages during the effective period of this Agreement. County expressly authorizes Contractor to display and/or modifY any County supplied images, data, infonnation and other items in connection with the services provided herein. 16. County agrees to use the website in strict accordance with, but not limited to, all local, state, and federal laws. County hereby agrees that any text, data, graphics, or any other material published by County on its website is free from violation of or infringement upon copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others, and is free from obscenity or libel. 17. Intentionally left blank. 18. With regard to web hosting, the Parties agree to the following: (a) Contractor shall not be responsible for limitations including but not limited to service interruptions, server down time, loss of data, or access speed. The reliability, availability and perfonnance of resources accessed through the Internet are beyond Contractor's control and are not in any way warranted or supported by Contractor. Except as expressly set forth in this Agreement, it is County's responsibility to maintain the website and make back-ups of all hosted files. (b) County agrees not to use any process, program or tool via Contractor for gaining - 3- $c/ 16F4 unauthorized access to the accounts of other Contractor clients, customers or account holders or other Contractor systems. County agrees not to use Contractor services to make unauthorized attempts to access the systems and networks of others. Any attempt to do so will result in immediate termination of Contractor services at Contractor's discretion. 19. Intentionally left blank. 20. Intentionally left blank. 2 I. Estimated times are included for convenience. Actual times will vary depending on County interaction and participation. However, the Parties agree to reasonably cooperate with one another in the construction and design of the website in a timely manner. 22. Intentionally left blank. 23. The waiver by one Party of any term or conditiou of this Agreement, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach. 24. Neither the course of conduct between the Parties nor any trade practice shall act to modifY the provisions of this Agreement except as expressly stated herein. 25. With the intent to be legally bound, each of the undersigned hereby covenants and acknowledges that he, she or it (a) has read each of the terms set forth herein, (b) has the authority to execute this Agreement for such person or entity, and (c) expressly consents and agrees that the person or entity upon behalf of which the undersigned is acting shall be bound by all terms and conditions contained herein. 26. It is understood and agreed that if any interpretation is to be made ofthis Agreement, the same shall not be construed for or against any of the Parties. 27. The Parties have each been advised to seek independent legal counsel in entering into this Agreement and the transactions described herein. In the event a Party chooses not to seek independent legal counsel, that Party does so freely and knowingly and waives any such rights to counsel. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. 28. Should a dispute, including but not limited to any litigation or arbitration be conunenced (including any proceedings in a bankruptcy court) between the Parties hereto or their representatives concerning any provision of this Agreement, or the rights and duties of any person or entity hereunder, the Party or Parties prevailing shall be entitled to reasonable attorney's fees and court costs incurred by reason of such action. - 4- sc/ 16F4 29. Except for any injunctive relief or similar remedy, which may be sought in any court of competent jurisdiction, any controversy, dispute, claim or counterclaim, whether it involves a disagreement about this Agreement or its meaning, interpretation, or application; the performance of the Agreement; questions of arbitrability as to subject matter of the dispute; whether an agreement to arbitrate exists and, if so, whether it covers the disputer s] in question; or any other question of arbitrability or form of disagreement or conflict among the Parties to the Agreement, shall be submitted to final and biuding arbitration at the request of either Party, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Each Party shall be responsible for one-half of the costs for the arbitrator(s) and arbitratiou. 30. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same Agreement. This Agreement becomes effective upon Contractor's receipt of an executed copy of this Agreement. 31. Force Maieure: Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within ten (10) days after occurrence of such cause or event. 32. In the case of any conflict between the Terms and Conditions, Proposal and incorporated exhibits, the following order of priority shall by utilized: Exhibit A, Scope of Work; Exhibit B, Component Pricing; Exhibit C, Project Schedule; Exhibit D, Website Development, Hosting and Maintenance Services Terms and Conditions; Exhibit E, Annual Maintenance Services Agreement; Proposal; and RFP #05-03864. 33. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 34. The titles and headings of the paragraphs of this Agreement have been inserted for convenience of reference only and are not intended to sununarize or othelWise describe the subject matter of such paragraphs and shall not be given any consideration in the construction of this agreement. 35. Intentionally left blank: - 5- ~c/ 16F4 EXHIBIT E ANNUAL MAINTENANCE SERVICES AGREEMENT '2.-<!)o"~ This Agreement is made on January 24,~etween the Collier County ("County"), and Vision Internet Providers, Inc. ("Contractor"). This Agreement shall begin on the date of the launch date (the date the website is made available to the public), of the County's website unless otherwise requested by the County and agreed to by Contractor and shall remain in full force and effect for a period of one year as described below. Free maintenance hours described in Exhibit D, paragraph 6, will be utilized prior to drawing upon hours provided as part of his agreement. This Agreement, and any Attachment signed by the Parties attached hereto, represents the complete agreement and understanding ("Agreement") between Contractor and County and supersedes any other written or oral agreement with regard to the maintenance services provided for herein. Any modification of this Agreement is valid only if the modification is in writing and signed by both Parties. County and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." WITNESSETH: WHEREAS, the County proposes to have its website maintained by an outside contractor; and WHEREAS, the Contractor IS qualified alld experienced to perform those services ("Maintenance Services"); NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES: a. Contractor shall do all work and carry out all activities necessary for completion of Maintenance Services. b. Contractor enters into this Agreement as an independent contractor and not as an employee of the County. The Contractor shall have no power or authority by this Agreement to bind the County in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the County. The County shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from -1- ~c/ performance of this Agreement. 16F 4 2. Contractor will provide maintenance services to County In exchange for payment of fees and compliance with this Agreement. 3. Contractor agrees to perform website maintenance up to ten (10) hours per month at a price of $1,000 per month. Maintenance beyond ten (10) hours per month is optional and considered Extra Work as described in Paragraph 4. Any unused hours in a given month will be applied to the following month ("Surplus Hours"). In the event there are Surplus Hours at the end of twelve months, Contractor will allow County to apply these hours to website component development, provided that: a. Contractor has been paid in full, and on time each month, b. Any work to utilize Surplus Hours is requested by County prior to the end of the thirteenth month, and c. Work requested by County can be reasonably completed by Contractor by the end of the fourteenth month. In the event that the conditions of 3 a, b, and c above are not fulfilled then all Surplus Hours are forfeited. 4. Additional services not covered in this Agreement and extra work (i.e., work beyond the ten hours per month) may be requested by County from time to time under this Agreement ("Extra Work"). Extra Work will be billed according to Exhibit D, Website Development, Hosting and Maintenance Services Terms and Conditions, paragraph 7. - 2- ~v CERTIFICATE OF INSURANCE C8I STATE FARM FI~:E AND CASUALTY COMPANY. Bloomington. Illinois o STATE FARM GENERAL INSURANCE COMPANY. Bloominglon, Illinois o STATE FARM FI~:E AND CASUAL TV COMPANY, ScarbOl1>UQh. Ontario o..uu." 0 STATE FARM FLORIDA INSURANCE COMPANY. Wintar Hayan. Florida . ,., 0 STATE FARM LLOYDS, Dallas, Texas in~ure. lhe Iollowing policyholder lor the covar&geo Indl""led below; Nameofpotil;yhokier Vision Intern~t Provider.s, Inc. ;"A'RrJI .. at 16F4 Addreuofpl>licyhofder 2430 Wil~JhiI:e Blvd ?r><l Floor. Santa Monica. CA. 90403 location of operations Same: Description of operations The polities listed below have "aan illSoed to lhe policyholder lor lhe policy periods shown. The Ineurance desaibad in these poIicie. is subject to alllhe term. emusion., and cond~ions of those polities. The limits 01 liability shown may have been reduced by any paid claims. POlICY PERlOO LIMITS OF LIABILITY POLICY NUMBER TYPE Of INSURANCE Elfec_ ~ : ExIJl_ DootD lat beginning 0' policy p8riodl 92-Q7-3583-1 ConlprehenBi\le 10/23/05 lOIZ3/06 BODILY INJURY AND Business Liability PROPERTY DAMAGE -.---------.----.------------ -~. t'roducts' ~ coinpre"tiid Qpe;,;iiOiis' ----- 'n __H -------,-- This insurance jndl~de6: E8l Contractual UlIIlllily E8lllnderground Ha~ard Cowrage Each Occurrence $1, ODD, 000 l8J Personal Injury E8l MverfioinQ Injury General Aggregate $2.000,000 E8l Explosion Hazard Co\l8l'llge E8l Collapse Hazard Coverage Products - COmpklled S 1 ,000,000 I8II'ROPERTY Dl\MbGE Operations Aggregate E8l ~ION OllNED AUl'O POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS L1ABILI'TY E~ Dam: Eaphtion DiIIlI (Combined Single Lim~) o Umbrelle Each Occurrence $ o Other Aggregate $ Parll STAnJTORY Part 2 BODILY INJURY Wo",,,,,,' Compensation and Employe", L1l1i1lftlly Each Accident $ Disease Each Employee $ Disea.e . Policy L1mll $ POLICY PERIOD LIMITS OF LIABILITY POlICY NUMIIER TYPE OF INSURANCE EfJl!cUve Date : F>cr>h~. om (at beginning of polley period) tlOHEOIINERS INS : Colli.er Cou,nty 3301 E. Tam1ami Trail NapJ.es, FL. 34112 THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NI!ITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POUCY DESCRIBED HEREIN, This in~lJ:ranc:p. 5.s primary as respects to the contract with If any of the de9<:rtbed policies are canceted before City of Carson4 AUy other i.nsur.ance p,t'ovision :'Shall not its 81Cpfration date. S1a1e Farm will try to mail a written apply to the addltlona! in3ur~d notice to the certificate holder 30 days before CBncellalion. If h......""r. _ laft 10 mail such notice. no obligation or Uability Will be imposed on Slate Farm or~. agents or representlllive&. ... ~. S~uthOrillld Rep.."""'ative AGmr nre Agenfs Code Stamp Name and Address 0' C_te Holder 12/01/05 Dale NO Cod. 1246 MICHAEL WIlliAMSON 2497 S. Bundy Drive Los Angeles. CA 90064 (310) 312-0031 o Fax (310) 312-3~ 558-994 a:a 04--1_ Prtnted In U_S.A. ACORD CERTIFICATE OF INSURANCE ISSUE DATE 12/1./6 F IMMIDDNY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Kevin S. Reid Insurance SeI V'I'(l~WS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT 2530 Wilshire Blvd.. 3rd F .AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Monica, CA 90403 COMPANIES AFFORD\NG COVERAGE COMPANY LETTER A National Liability & Fire INSURED Vision Internet providers, ffl~,ANY Insurance Company 2530 Wilshire Blvd. , 2nd F LETTER B Santa Monica, CA 90403 COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT I WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN , IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLlCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDD/YY) DATE IMMIDDNY) , GENERAL LIABILITY GENERAL AGGREGATE S - COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPS AGG $ - D CLAIMS MADE 0 OCCUR PERSONAL & ADV. INJURY $ - OWNER'S & CONTRACTORS PROT. EACH OCCURRENCE $ - I- FIRE DAMAGE (Anyone fire) S MED. EXPENSE (AllY one person) $ AUTOMOBILE lIABlIlY COMBINED SINGLE - ANY AUTO LIMIT $ i - ALL OWNED AUTOS ! - BODILY INJURY SCHEDULED AUTOS (Per person) S - HIRED AUTOS - PROPERTY DAMAGE S GARAGE LIABILITY EXCESS LIABILITY EACH OCCURRENCE S R UMBRELLA FORM ,A.GGREGA TE S I OTHER THAN UMBRELLA FORM I Policy # r STATUTORY WORKERS' COMPENSATION 39000 7773- 041 LIMITS I X AND EACH ACCIDENT "1.000,00 EMPLOYERS' LIABILITY 10/23/0<:,,-10/231 06 '''SE~E POliCY Liwr '1. 000 . 00 J ..J I DISEASE EACH EMPLOYEE Is1 000 00 OTHER I I , DESCRIPTION OF OPERATIONS/LOCATlONSNEHIClESfSPECIAL ITEMS I 4 o o o COLLIER COUNTY 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCH) BE CANCELLED BEFORE THE EXPiRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L1ABllITY OF ^NY 1<INO UPO~HE~E~~C"HC~C~'~ AUTHORIZED REPRESENTATIVE CERTifiCATE HOLDER ADDITIONAL INSURED ENDORSIOMeN.T Ow I)"'''. La..."". or C<>ntr.ctlO.... (Form 5) 1a;:?:J 6 F 4 ~ ~ ~'oil"y ~.u. 92-Q7--3583-1 PoliCY No.: 92-Q7-3583-]' N'ilnled wsu,red~ Vision [nter.net Providers, Inc. N.ame of Pe,rson Of orQilnlz.ation:: Collier County 3301 E. Tamiami Trail Naples, FL, 34112 .1 WHO IS AU INS'JRl:.D. under SECTION II DESIGNATION OF 1l>l$URi:D, IS ~m.nclod to'lflgiuae III lIl1 Insured \~e person Ijr org.nlZl.,llon shown llboy€!. but only wllh re6pect to UabUily al191ng oul pl your work fgr thai lnSllred by or tor YOIJ. .. prlN&d.in iJ.S.A. FE-3324 t7Jatlol ~ ... -.. , ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F -/ 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 Oflice. The completed routing slip and original docwnents 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. lfthe document is already complete with the excePtion of the Chairman's shmature, draw a line through routing lines # I throuQh #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routim~ order) l. ", ORIGINAL SIGNATURE . .' . -~ REQUIRED ../'/ '1 /: ~ / ~ .,./>~~ . .. j <" 3. . - 4. RECORDING: 490-]44610 MUST BE RETURNED TO EMS ORIGINAL APPLICATION TO BE FORWARDED TO THE FL. DEPT OF HEALTH 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records 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 infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the 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 b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number ARTIE BAY, EMS Agenda Item Number Number of Original Documents Attached 774.8459 1 ORIGINAL Yes (Initial) ~ N/A(Not A licable) GRANT APPLlCA T1oN2 r:tfa -[ 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Nol 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 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 proyided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the allached document. The Coun Attorne's Office has reviewed the chan es, if a Heable. I' Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 16F7 - RESOLUTION NO. 2006 - 1 7 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CERTIFYING THAT THE APPLICATION FOR AND USE OF THESE EMS COUNTY GRANT FUNDS WILL IMPROVE AND EXPAND PRE-HOSPITAL EMS DEPARTMENT ACTIVITIES AND WILL NOT SUPPLANT CURRENTL Y EXISTING COUNTY EMS BUDGET ALLOCATIONS WHEREAS, EMS Department Paramedics and Paramedic/Firefighters provide basic and advanced life support care and highly technical service to the citizens and visitors of Collier County; and WHEREAS, the purchase of equipment and provision of training classes shall greatly enhance the effectiveness of pre-hospital emergency medical care. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The $137,829.00 in this EMS County Grant will be used to improve and expand the County's pre-hospital EMS system, including purchase of medical/rescue equipment, training equipment, and to conduct training classes, but these grant funds will not be used to supplant current levels of existing County EMS budget allocations. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ;) '1ft- day of ::fA f1 u IlR;1 ,2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: . " ~.' peputyClerk ~'Attest a\W ChI tf'll4ll . , -..tgnatiFt on 1 · .,'? " """'j ...... Approved' d~ tbform and legal sufficiency: lJt ~~~2~ . FRANK HALAS, Chairman --"', .. By: --101M (.)J 1M Thomas C. Palmer, Assistant County Attorney 16F7 - EMS COUNTY GRANT ApPLICA TtON FLORIDA DEPARTMENT OF HEAL TH Bureau of Emergency Medical Services Complete all items 10. Code (The State Bureau of EMS will assign the 10 Code - leave this blank) C 1, County Name: Collier County Board of County Commissioners Business Address: 3301 Tamiami Trail East Naples. FL 34112 Telephone: (239) 774,8459 Federal Tax 10 Number (Nine Digit Number). VF 59-60000558 2. Certification; (The applicant signatory who has authority to sign contracts. grants. and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the County shall comply fully with the conditions outlined in t -FtO'tKla Couflty13rant Application. Si nature: . ------~", Date; /.:l - Printed Name: Frank Position Title; Chairman 3. Contact Person: (The indiYidual wilh direct knowledge of the project on a day-to-day basis and has responsibility for the implementation of the grant activities, This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Jeff Page Position Title: Chief. Emergency Medical Services Address: 2705 So. HOf'Seshoe Drive Naples, FL 34104 Telephone: (239) 774-845. I Fax Number: (239) 775-4454 E~mail Address: JeffPage@colliergov.net 4. Resolution; Attach a current resolution from the Board of County Commissioners certifying the grant funds will improve and expand the county pre-hospital EMS system and will not be used to supplant current leyels of county expenditures. 5. Budget: Complete a budget pagers) for each organization to which you shall provide funds. List the organization(s) below, (Use additional pages if necessary) Medical Equipment/Supplies $20,000.00 Training $20,000,00 Training Lab Equipment $30,000,00 Medical/Rescue Equipment $67,829.00 -- DH Form 1684. Rey. June 2002 ~. 3 ~ilIIt.oiorm<15~,..uil:;, . fo.\M. I?oJtt...- I-)} - 2.Ng" , . - "*', ii~"'~',A~~~.t~t:;.,f BUDGET PAGE 16F7 A. Salaries and Benefits: For each position title, provide the amount of salary per hour, FICA per hour. other fringe benefits. and the total number of hours. Amount N/A TOTAL Salaries TOTAL FICA Grand total Salaries and FICA $0.00 B. Expenses: These are trayel costs and the usual. ordinary, and incidental expenditures by an agency. such as, commodities and supplies of a consumable nature excludino expenditures classified as operatino capital outlav (see next cateoorv). List the item and, if applicable, the quantity Amount Training $20,000.00 Medical EquipmentlSupolies $20.000.00 TOTAL $ 40.000.00 C. Vehicles. equipment, and other operating capital outlay means equipment. fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life of one 11 \ vear or more. List the item and, if applicable, the quantity Amount Training Lab Equipment $30,000.00 Medical/Rescue Equipment $67,829.00 I TOTAL $ 97,829.00 Grand Total $ 137,829.00 DH Form 1684, Rey. June 2002 4 16F7 FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(a), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre-hospital EMS. DOH Remit Pavment To: Name of Agency: Collier County Board of Commissioners Mailing Address: 3301 Tamiami Trail East Naples, FL 34112 Federal Identification number Fed ID 59-6000558 Authorized Official: <;' <.>~ ~;L~ ------ /-~'l-06 ./ Signature Date Frank Halas, Chairman Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way. Bin C18 Tallahassee. Florida 32399-1738 Do not write below this line, For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Grant 10: Code: Approved By Signature of EMS Grant Officer Date State Fiscal Year: - Oraanizalion Code .EQ. QQA Obiect Code 64-25-60-00-000 N - N2000 7 Federal Tax 10: VF --------- Grant Beginning Date: October 1, Grant Ending Date: September 30, DH Form 1767P. Rey. June 2002 ATTEST: ." , . ~WGHTE.BROCK' ClERB \1. ":ll.~\~JJ( D'eputyCl' Attest' is.:to:Cha irGl4n', 11onature'onl' 5 :u. 6~..t.onlepl.8\tffle!-,. " - "A lM.t./ (- /1- l4vt """. ..a~..\Coaty .lI.&mel MEMORANDUM Date: January 26,2006 To: Artie Bay EMS, Operations Analyst From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Grant Application Enclosed please find one (I) original of the Grant Application and one (I) certified copy of the Resolution 2006-17 documents, as referenced above, (Agenda Item #16F7), approved by the Board of County Commissioners on Tuesday, January 24, 2006. If you have any questions, please cal1 me at 774-8411. Thank you. Enclosures 16F7 ~ 161 ,~ . BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 24, 2006 1. FOR BOARD ACTION: A. No items for board action. 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136,06( 1), the disbursements for the Board of County Commissioners for the period: (1) December 3, 2005 - December 9, 2005. (2) December 10, 2005 - December 16, 2005. B. Districts: (1) No items for board action, C. Minutes: (1) Collier County Airport Authority: Agenda of January 10, 2005; Amendment to January 10, 2005 Agenda; Agenda of February 14,2005; Amendment to February 14,2005 Agenda; Agenda of March 14, 2005; Agenda of April 4, 2005; Minutes of April 4, 2005; Agenda of May 16, 2005; Agenda of June 13, 2005; Minutes of June 13, 2005; Agenda of August 8, 2005; Addendum to August 8, 2005 Agenda; Agenda of September 12,2005; Addendum to September 12, 2005 Agenda; Agenda for "Special Meeting" of September 26, 2005; Agenda of October 10, 2005; Addendum to October 10, 2005 Agenda; Agenda of Noyember 14, 2005; Addendum to November 14, 2005 Agenda; Minutes of November 14, 2005; Agenda of December 12, 2005; Addendum to December 12, 2005 Agenda; Minutes of December 12, 2005, (2) Bayshore Beautification MSTU Advisory Committee: Minutes of November 9,2005; Agenda of December 14, 2005. H:\DA T A \Melanie\2006 Miscellaneous Correspondence\I.24.06 Misc. Corresp. Memo,doc 16/ o (3) Bayshore/Gateway Trianqle Local Redevelopment Advisory Board: Agenda of January 11, 2005; Minutes of January 11, 2005; Agenda of February 1, 2005; Minutes of February 1, 2005; Agenda of March 1, 2005; Minutes of March 1, 2005; Agenda of March 16, 2005; Minutes of March 16, 2005; Agenda of April 4, 2005 (Community Workshop with HDR Engineering); Agenda of April 5, 2005 (Community Workshop with HDR Engineering); Agenda of April 12, 2005; Minutes of April 12, 2005; Agenda of May 2, 2005 (Community Workshop with HDR Engineering); Agenda of May 3, 2005; Agenda of October 4, 2005; Minutes of October 4, 2005; Agenda of November 1, 2005; Agenda of December 6, 2005. (a) Bayshore/Gateway Trianqle Local Redevelopment Advisory Board Subcommittee: Agenda of February 21,2005; Minutes of February 21, 2005; Agenda of March 7, 2005; Minutes of March 7, 2005. (4) Citizen Corps Advisory Committee: Agenda of May 18, 2005; Minutes of May 18, 2005; Agenda of July 20, 2005; Agenda of August 17, 2005; Agenda of October 19, 2005; Agenda of November 16, 2005; Minutes of November 16, 2005. (5) Development Services Advisory Committee: Agenda of November 9, 2005; Minutes of November 9, 2005, (6) Domestic Animal Services Advisory Committee: Agenda of January 18, 2005; Agenda of February 15, 2005; Agenda of March 15, 2005; DAS Director's Report of March 15, 2005; Agenda of April 19, 2005; Agenda of June 21, 2005; Agenda of July 19, 2005; Agenda of August 16, 2005; Minutes of August 16, 2005; Agenda of September 20, 2005; Agenda of October 18, 2005; Minutes of October 18, 2005; Agenda of November 15, 2005. (7) Collier County Environmental Advisory Council: Minutes of November 2, 2005; Agenda of December 7, 2005; Agenda of January 4, 2006. H:\DA T A\Melanie\2006 Miscellaneous Correspondence\I.24.06 Misc. Corresp. Memo.doc 16/~" . (8) Forest Lakes Roadwav and Drainaqe MSTU: Minutes of November 9,2005; Agenda of December 14,2005. (9) Golden Gate Estates Land Trust Committee: Minutes of September 26, 2005, (10) Golden Gate MSTU Advisorv Committee: Minutes of November 8, 2005; Agenda of December 13, 2005. (11) Collier County Historical/Archaeoloqical Preservation Board: Agenda of December 21, 2005; Minutes of November 16, 2005. (12) Conservation Collier Land Acquisition Advisorv Committee: Minutes of November 14, 2005; Agenda of December 12, 2005. (13) Lelv Golf Estates Beautification MSTU Advisorv Committee: Agenda of December 15, 2005; Minutes of November 17, 2005. (14) Parks and Recreation Advisorv Board: Agenda of October 19, 2005; Minutes of October 19, 2005; Agenda of November 16, 2005; Minutes of November 16, 2005. (15) Pelican Bav Services Division: Agenda of December 8, 2005; Minutes of November 9, 2005; Biological Monitoring Report; Clam Bay Restoration Project Report Number 8; Clam Pass Restoration and Management Plan Bathymetric Monitoring Report Number 6; Water Quality Sampling Update Report Number 6. (a) Clam Bav Sub-Committee: Minutes of November 9, 2005. (16) Collier County Planninq Commission: Minutes of October 6, 2005; Agenda of December 1, 2005; Revised Agenda of December 15, 2005. (17) Vanderbilt Beach MSTU Advisorv Committee: Agenda of January 5, 2006; Minutes of December 1, 2005. H:\DA T A \Melanie\2006 Miscellaneous Correspondence\1.24.06 Misc. Corresp. Memo.doc 161 .... . D. Other: (1) Collier County Public Safety Coordinatinq Council: Agenda of June 9, 2005; Minutes of June 9, 2005, H:\DATA\Melanie\2006 Miscellaneous Correspondence\1.24.06 Misc. Corresp. Memo.doc 161 2A Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 12/09/05 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 December 3, 2005 through December 09, 2005. In accordance with Florida Statutes, Chapter 136.06( I) 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. ~. , ~t::;'. 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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 December 10, 2005 through December 16, 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. ;~ Misc. 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" '" ro ~ " ,,- n , o ,,- " ro "' H. m ~ " w Oi ~ "' ro, ro " H 00 , ~ o o ~ , H 3 H W " 00 " ~ ;,; Pl w n ~ 12/16/2005 AP Line Item Report for Payroll Operations AP Line Item Report for Payroll Operations Mgr. 100476 100675 100677 100919 102034 103231 103795 104136 104282 106703 107914 100897 102052 103947 104339 108056 109260 112109 1084 101568 101678 101862 103291 10413 6 106674 103795 102915 103181 103795 103959 100676 1040 100677 100933 101678 102915 103795 103946 104271 111006 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 DWIGHT E BROCK CLERK OF COURTS MITCHELL & STARK CONSTRUCTION CO DELL MARKETING LP HEWLETT PACKARD PBS&J WORKPLACE RESOURCES GULF COAST LANDFILL Fifth Third Bank INTELITRAN JOHNSON CONTROLS INC LODGE CONSTRUCTION INC WILLIS OF WISCONSIN INC WASTE MANAGEMENT COMPSERV INC CDWG TAMIAMI FORD INC VANDERBILT BAY CONSTRUCTION INC CDWG MCDONALD TRANSIT ASSOCIATES INC COMMUNICATIONS INTERNATIONAL INC FLORIDA RETIREMENT SYSTEM COMMUNICATIONS INTERNATIONAL INC EHC INC JOHNSON CONTROLS INC TAMIAMI FORD INC CDWG JOHNS EASTERN CONPANY INC ENCORE CONSTRUCTION WACHOVIA BANK 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 1,457.20 22,437.75 3,172.01 5,076.00 1,877.00 145.00 42,855.50 1.002.20 9,846.00 3,152.81 145.478.45 7,296.75 12,244.50 1,475.00 1,281.99 26,521. 00 1,051,626.60 3,839.38 193,109.91 39,35 611,710.75 168.75 182,145.65 16,036.00 15,312.00 6,012.00 36.565.02 253,800.00 10,259.09 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 12/05/2005 12/05/2005 12/05/2005 12/05/2005 12/05/2005 12/05/2005 12/06/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/07/2005 12/08/2005 12/08/2005 12/08/2005 12/08/2005 12/08/2005 12/08/2005 12/09/2005 12/09/2005 12/09/2005 12/09/2005 12/09/2005 12/09/2005 12/09/2005 12/09/2005 2 2000093221 2000093222 2000093223 2000093224 2000093225 2000093226 2000093227 2000093228 2000093229 2000093230 2000093231 2000093233 2000093234 2000093235 2000093236 2000093237 2000093238 2000093243 2000093778 2000093780 2000093781 2000093782 2000093783 2000093784 2000093785 2000093786 2000093798 2000093799 2000093800 2000093801 2000093802 2000093804 2000093805 2000093806 2000093807 2000093808 2000093809 2000093810 2000093811 2000093812 161 2C DATE: PLACE: TIME: COLLIER COUNTY AIRPORT AUTHORITY AGENDA H:I:S Henning Coyle ..........--./ January 10,2005 Coletta V Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1 :00 pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testi,!!ol1Yran.d evidence upon which the appeal is to be based. ". . , 1. Pledge of Allegiance II. Introduction of Guests III. Approval of Agenda A. Amendment of Agenda - Consent Items 1. Everglades Airpark - Parallel Taxiway 2. FAA-AlP # 3-12-0021-001-2003 3. 2003.120 B. Approval of Agenda IV. Approval of Minutes - December 15,2004.... ..... .................. ...... .....1 V. Executive Director's Report A. Monthly Financial Statements............... ....... ............ ..... ...........6 B. Report VI. Capital Improvements VII. Old Business VIII. New Business Recommend Approval of Request for Budget Amendment in the Amount of $115,000 for Professional Services Required for the ERP and Master Plan Development Process at Immokalee...... ...,.............. .................... ...8 IX. Public Comment Mise Carres: X. Adjournment Date I /~'-IIDJo Item # I'" J. a C. Ct ) Next Meeting: Februarv 14,2005 Copies to: Y: \Administration\AA Board\Agenda\2005\1-1 O-OSagenda. doc 161 ,,...,.,~ t:::t; Collier County Airport Authority Amendment to the January 10, 2005 Agenda New Business 1. RE: Collier County Airport Authority HM #1999.036 Recommend approval of the following amendment to the referenced Hole Montes work orders, subject to Attorneys Review: A. Amendment number I to Work Order CCAA-02-04A, PO #4500035637 for extension of time until April 1, 2005 - Taxiway Extension to Everglades Airpark. This amendment does not impact the budget. B. Amendment number 1 to Work Order CCAA-04-05, PO #4500035700 for extension oftime until December 31, 2004 - Services for Scrub Jay monitoring at Immokalee Regional Airport. This amendment does not impact the budget. C. Amendment number 1 to Work Order CCAA-04-02, PO #4500045703 for extension of time until March 30, 2005 - Services for the lmmokalee Regional Airport PUD. This amendment does not impact the budget. 2. RE: Project 33343 Environmental Resource Permit Recommend approval to the Board of County Commissioners to increase project # 33343 by $50,000. This breaks down to an increase in grant #407953 funded by FDOT of $40,000 and an increase in county match of $1 0,000. FDOT has given interim approval pending the actual amendment documentation. The matching funds were previously included in the $115,000 budget amendment that went before the Board of County Commissioners on January 11,2005. Old Business 1. Administrative Code Provision 140,06 Y: lAdministrationL4A Board\Agenda\2005\1 ~ 1 0-05agenda admendment.doc 16/ 2C Executive Director's Report A. OPERATING AND CAPITAL FUNDING/PROJECT REPORT 1. Monthly Financial Statement a. Operating b. Capital Projects/Grants c. Annual Budget - Review/Comments Due by February 1 2. FDOT Funding/Projectsll-S year plan JCIP Hangars/Ramps/Taxiways 3. F AAlFunding/Projectsll-S year plan ACIP a. Update ALP b. Land Acquisition c. Taxiways/Ramps for Hangars 4. Grants a. Enterprise Florida, Inc. - EDC b. USDA Rural Business Enterprise Grants - Airport Authority B. IMMOKALEE 1. Permit and Development Time Line a. Meeting with Fish and Wild Life b. County Permitting Site Development 2. Terms for Lease with Art Ross 3Sy vs. $100,000 Investment 3. Hornet Aviation a. Termination of Old Lease b. New Lease 4. Sheriff Deputy Residence a. Past Due Rent b. Eviction/Termination C. MARCO ISLAND ALP/Taxiway/Ramp D. MARKETING E. REVIEW OF AIRPORT STAFFING AND RESPONSIBILITIES 1. 30 day review January 4 - February 4 2, Human Resources Policies 3. Recommendations Due February 4. Implementation Beginning March 1, 2005 5. Hiring of New Administrative Assistant Y:\Administration\AA Board\Agenda\2005\OI- Executive Director Rpt.doc AGENDA SUMMARY January 10,2005 1. ~ , 2G AGENDA ITEM V-A MONTHLY FINANCIAL STATEMENTS EXECUTIVE DIRECTORS REPORT Summary: The following financial statements of the Authority's Operating and Capital Accounts are for the two-month period ending November 30, 2004. Recommendation: No action required, for informational purposes only. 161 2[; I COLLIER COUNTY AIRPORT AUTHORITY AGENDA DATE: PLACE: TIME: February 14,2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record ofthe proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Pledge of Allegiance II. Introduction of Guests III. Approval of Agenda IV. Approval of Minutes - January 10,2005....... ....... ......... ...... ...........1 V. Executive Director's Report A. Monthly Financial Statements............... .......... ....... ........ .........4 B. Report...... ..................... ............ ...... ............ ",... ....... .....5 a. Budget b. Staffing c. Immokalee d. Everglades Taxiway VI. Old Business VII. New Business A. Recommend Approval of Amendment to Florida Department of Transportation (FDOT) Grant Agreement for the Environmental Resource Permit (ERP) at the Immokalee Regional Airport B. Reschedule May meeting from 9 to May 16 VIII. Public Comment IX. Adjournment Next Meeting: March 14,2005 Y: \Administration lAA BoardlAgenda\2005\2- J 4-05agenda.doc 161 Executive Director's Report February 14,2005 A. MONTHLY FINANCIAL STATEMENT I. Operating 2. Capital Projects/Grants B. BUDGET I. Immokalee a. Permit and Development Time Line b. Terms for Lease with Art Ross c. Sheriff Deputy Residence . Past Due Rent/Collection . Eviction/Termination 2. Marco Island 3. Everglades C. REVIEW OF AIRPORT STAFFING AND RESPONSIBILITIES 1. 30 day review January 4 - February 4 2. Human Resources Policies 3. Recommendations Due February 4. Implementation Beginning March 1,2005 D. MARKETING E. IMMOKALEE I. Incubator II Facility Update Y: IAdministrationlAA Board\Agenda\2005\2-/4-05agenda.doc 2C 161 Collier County Airport Authority Amendment to the February 14, 2005 Agenda New Business Recommend approval of the following Hole Montes work orders associated with the Environmental Resource Permit (ERP) at Immokalee: A. Work Order CCAA-05-0l - Consulting Services: legal counseling and representation on matters relating to environmental permitting for industrial park and taxiway extension associated with Sky truck development at IMM. Cost: $5,000. B. Work Order CCAA-04-07 - Phase I Lake, Canal Realignment and Water Control Structure. Cost: $72,475. C. Amendment No.2 to Work Order CCAA-OO-Ol - Expands scope of services in connection with Environmental Resource Permit/Endangered Species. Cost: $30,848. Y: lAdministrationlAA Board\Agenda\2005\2~ 14-05agenda admendment.doc 2C COLLIER COUNTY AIRPORT AUTHORITyl-6-l AGENDA 2:C DATE: PLACE: TIME: March 14,2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Pledge of Allegiance II. Introduction of Guests III. Approval of Agenda IV. Approval of Minutes - February 14,2005..... .................... ............ .....1 V. Executive Director's Report A. Monthly Financial Statements............. .......... ............. ............. ....4 B. Report C. Conflict ofInterest letter for EDC Grant....................................... 7 VI. Old Business A. Financial Administration and Housing Update on the Incubator II CDBG Small Cities $750K Grant and Related Employment Requirement B. BCC Workshop C. Conflict of Interest Statement from February 14 Meeting.................. 8 VII. New Business A. Airport Authority Board recommend BCC approval of Airport Authority Annual Budget B. Airport Authority Board recommend BCC approval of Capital Improvement Plan C. Approve and execute Amendment 2 to Hole Montes Work Order CCAA- 02-04 for $21,021 permitting and bidding the south portion of the parallel taxiway at Everglades Airpark, D. Approve and execute Hole Montes Work Order CCAA-05-02 for $30,000 for PUD Zoning Phase II at Immokalee Regional Airport E. Reschedule April meeting from II th to 4th VIII. Public Comment IX. Adjournment Next Meeting: Aoril4, 2005 Y: l4dministrationl4A BoardlAgenda\2()()5\3-14-05agenda.doc Executive Director's Report March 14,2005 A. MONTHLY FINANCIAL STATEMENT 1. Operating 2. Annual Budget 3. Capital Improvement Projects B. REPORT 1. Immokalee a. Skytruck and Genapol b. Parks and Recreation c. Army Corps of Engineers 2. Marco Island a, Fuel Farm. $140,000 FDOT b. Corps of Engineers Permitting for Taxiway 3. Everglades Taxiway Y: \Administration \AA BoardlAgenda\2005\3.14.05agendadoc 161 2C 16J COLLIER COUNTY AIRPORT AUTHORITY AGENDA 2~ DATE: PLACE: TIME: April 4, 2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Pledge of Allegiance II. Introduction of Guests III. Approval of Agenda IV. Approval of Minutes ~March 14,2005........ ............. ...................... ...1 V. Executive Director's Report A. Capital Improvement Projects............. ............ ............... ........ ..,..5 B. Report VI. Old Business Conflict ofInterest Statement from March 14 Meeting......................... .14 VII. New Business A. Approve and execute Hole Montes Work Order CCAA-05-03 for fee on a cost plus basis, not to exceed $40,000 for Phase I of Immokalee ALP update...... ............................. ............ ......... ...... ..... .....16 B. Approve and execute Second Amendment to Sublease of Manufacturing Facility & Agreement between CCAA and Florida Architectural Products, Inc............................,.......,............................,.... 21 C. Approve and execute Third Amendment to Lease from Global Manufacturing Technologies, Inc. to KPK Management, Inc........... ...23 D. Airport Authority Board recommend BCC approval and execution of Hole Montes Work Order CCAA-05-03 for fee on a cost plus basis, not to exceed $40,000 for Phase I of Immokalee ALP update. VIII. Public Comment IX. Adjournment Next Meeting: Mav 16,2005 Y: IAdministrationlAA Board\Agenda\20()5\4~04-()5agenda.doc Executive Director's Report April 4, 2005 A. CAPITAL IMPROVEMENT PROJECTS I. lmmokalee 2. Marco 3. Everglades B. REPORT 1. lmmokalee a. ALP Update - $40,000 b. Conceptual ERP - SWFM c. Development Interest: T -hangars Manufacturing buildings d. DEP - $11,500 2, Marco Island a. Vegetation management/Corps b. Land Swap - county-city c. $150,000 Entitlement - Design, bid ramp 3. Everglades a. Taxiway - North b. Taxiway - South Y.- lAdministration \AA Board\Agenda\2005\4-04~05agenda.doc 161 2C ~~=:=s ~/ --= ~~~~ng_~_o ~:~ 1 6 I COLLIER COUNTy~,t@tt{\)RT~Y MINUTES OF MONDAY, APRIL 4, 2005 2C~.... MEMBERS Robin Doyle Byron Meade Dennis Vasey PRESENT: Gene Schmidt STAFF: Theresa M. Cook John Kirchner Bob Tweedie Winona Stone PUBLIC: Juan Munoz William (Bill) Griffiths Steve Price Debi Mueller I. MEETING CALLED TO ORDER Meeting called to order at 1 :00 p.m. A quorum was present throughout the meeting. III. APPROVAL OF AGENDA The Agenda was approved by a 5-0 vote after page 8 was replaced with an updated Marco Capital Improvement Project list. IV. APPROVAL OF MINUTES The March 14, 2005 Minutes of the Authority were approved by a 5-0 vote after motion to accept by Mr. Vasey and seconded by Mr. Price. V. EXECUTIVE DIRECTOR'S REPORT A. Capital Improvement Projects (CIP) Mr. Vasey motioned to accept and submit the 2006 CIP budget numbers presented by Theresa to the County, Mr. Price seconded. Motion carried unanimously. Theresa will modify notes and comments on the CIP as discussed before submitting it to the County. B. Immokalee 1. Hole Montes Work Order CCAA-05-03 not to exceed $40,000 for the Immokalee Airport Layout Plan (ALP) was approved by a 4-0 vote after motion to accept by Mr. Vasey and seconded by Mr. Meade. Chairman Doyle abstained because of conflict of interest, and signed the Conflict ofInterest standard form. (Copy attached.) 2. South Florida Water Management District (SFWMD) has accepted the Environmental Resource Permit (ERP) application. SFWMD will review it oUi~miJhes:and forward it to the Army Corps of Engineering. Theresa indicated it would likely be 60-90 days before we hear from the Corps, Date: item #: C!)P;SS to. Y: \AdministrationlAA Bnard\Minutes\2005\4~n4.05 minutes.doc 161 2C 3. Theresa informed the Authority that three parties have expressed interest in building at the Immokalee Airport: two (2) would like to construct hangars, one (1) an aircraft painting facility. In response to dialogue regarding advantages ofthe Authority constructing hangars, Ms. Cook indicated funding is presently unavailable from either Federal or State sources for T -hangar construction. 4. A motion authorizing the Executive Director to write a budget amendment to cover the cost of the water testing required by the DEP was made by Mr. Vasey, seconded by Mr. Price, and approved by a 5-0 vote. C. Marco Island I. The Vegetation Management Plan, requested by the Army Corps of Engineers, is complete and is being sent to the Corps in order for the Airport Authority to move forward with the permitting for the taxiway, 2. The Authority is looking into the possibility of purchasing or trading for land adjacent to the airport with WCI or the City of Marco to enhance the safety area at Marco. D. Everglades I. Additional core samples concluded that the taxiway meets required specifications. After the FAA and FOOT have signed off on it, the Authority will officially accept the work to ensure there are no repercussions. 2. The work order to proceed with the south portion of the taxiway was approved in March 2005. VI. OLD BUSINESS A. The meeting with Parks and Recreation has been postponed and will be rescheduled. B. As required by Section 112.3143 of Florida Statues, the Conflict ofInterest standard form signed by Chairman Doyle at the March 14, 2005 meeting was read aloud. VII. NEW BUSINESS A. Mr. Price motioned to approve the second amendment to the sublease agreement between the Airport Authority and Florida Architectural Products (F AP), whereby the tenant will pay half the landscaping costs. Motion seconded by Mr. Meade and approved by 5-0 vote. B. Motion to table the third amendment to the sublease from Global Manufacturing Technologies to KPK until the May 16 meeting made by Mr. Meade, seconded by Mr. Schmidt, and approved unanimously. IX. ADJOURNMENT Meeting adjourned by Chairman Doyle "without objection." Y:\Administration\AA BoardlMinutes\2005\4-04-05 minutes. doc l6J ~~ COLLIER COUNTY AIRPORT AUTHORITY AGENDA DATE: PLACE: TIME: May 16, 2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Pledge of Allegiance II. Introduction of Guests Ill. Approval of Agenda IV. Approval of Minutes - April 4, 2005 V. Executive Director's Report A Monthly Financial Statements B. Report VI. Old Business A Conflict of Interest Statement from April 4 Meeting B. Resolution 05-06 Commending Efforts of Personnel Who Contributed to Closing the Community Block Development Grant C. Letters of Commendation VII. New Business A. Hole Montes Work Order CCAA 02-04A Amendment 2 in an amount not to exceed $5,000 for Everglades Taxiway North (Resolution 05-07) B. Hole Montes Work Order CCAA-02-03 Amendment 2 in the amount of $7,500 for DEB Plan Update (Resolution 05-08) C. Hole Montes Work Order CCAA-03-0l not to Exceed $25,000 -Permit for Marco Taxiway Mitigation Program (Resolution 05-09) D. Direction for Executive Director to take on T-Hangars E. Direction for Executive Director on KPK Lease F. Master JP A Recommend Approval to BCC by May 24, 2005 VIII. Public Comment IX. Adjournment Next Meeting; June 13,2005 Y: \Administration IAA Board\A.genda\2005\5-16-05agenda.doc 16/ 2C Executive Director's Report May 16,2005 A. MONTHLY FINANCIAL STATEMENT 1. Operating 2. Florida Department Of Transportation (FDOT) Master Joint Participation Agreement (MJPA) Program: a. Everglades $ b. Marco $ c. T-Hangars $ 3. CIP to County $35,000 budget change for fuel farm at Marco B. REPORT 1. Immokalee a. Global Lease AKA KPK Lease b. Resolution for USDA Grant Application c. T -Hangars (l) First Application (2) Limit Development (3) RFP Process d. Parks and Recreation - Land 2. Marco Island 3. Everglades a. Land Acquisition - JCIP b. Taxiway - North c. Taxiway - South 4. Reviewing and Revising: a. Leases b. Policies & Procedures c. Minimum Standards Y: IAdministrationlAA BoardlAgenda\2005\5- ] 6-05agendu.doc COLLIER COUNTY AIRPORT AUTHORITJ..-.6-J 2 q AGENDA DATE: PLACE: TIME: June 13, 2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00 pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Pledge of Allegiance II. Introduction of Guests III. Approval of Agenda IV. Approval of Minutes - Mayl6, 2005 V. Executive Director's Report A. Monthly Financial Statements B. Project Status C. RFQ for Consulting Services VI. Old Business Conflict of Interest Statement from May 16, 2005 Meeting VII. New Business A. Resolution No. 05-11 Authorizing the Executive Director to approve payment of$56,880 to Southwest Florida Wetlands JV for Mitigation Bank Credits from Panther Island Mitigation Bank --. BCC? B. Approval for Chairman to sign Sod License Agreement VIII. URS Presentation IX. Public Comment X. Adjournment Next Meeting: August 8, 2005 Y: IAdministrationlAA BoardlAgenda\2005\6-/3-05agendadoc 161 Executive Director's Report June 13,2005 A. MONTHLY OPERATING STATEMENT B. PROJECT STATUS I. IMM Parks and Recreation 2. Marco Island Fish & Wildlife C. RFQ FOR CONSULTING SERVICE D. REVIEW AND REVISION OF 1. Leases 2. Policies & Procedures 3. Minimum Standards Y: \.Administration L4A BoardlAgenda\2005\6- J 3-05agenda.doc 2G 161 2C COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF MONDAY, JUNE 13,2005 MEMBERS Robin Doyle Steve Price Dennis Vasey Jim Peterka PRESENT: Gene Schmidt STAFF: Theresa M. Cook Bob Tweedie Debi Mueller Jeremy Bento Debbie Harnaga Thomas Palmer PUBLIC: Luc Carriere Tom Jones Mike Thompson Mike Taylor I. MEETING CALLED TO ORDER Meeting called to order at I :05 p.m. A quorum was present throughout the meeting. III. APPROVAL OF AGENDA Mr. Vasey made a motion to accept the agenda, and that with the acceptance of the agenda, the "Conflict ofInterest" statements from the May 16, 2005 meeting be accepted as being read. Following the deletion of agenda item "VII-B New Business: Sod License Agreement" by the Executive Director, Mr. Price seconded the motion, and the Agenda was approved by a 5-0 vote. IV. APPROVAL OF MINUTES The May 16,2005 Minutes of the Authority, with "RPF" being corrected to read "RFP" in item V -B-2, were unanimously approved, after motion to accept by Mr. Schmidt and seconded by Mr. Vasey. V. EXECUTIVE DIRECTOR'S REPORT A. Sale of Airplane Staff anticipates that Purchasing will have the bid for the airplane out on the street by the end of June. B. RFQ for Consulting Services Ms. Cook highlighted the number of projects currently underway at lmmokalee, Marco Island and Everglades, and advised the Board of the need and benefits of having additional consulting services available. The Executive Director further informed the Board that the FAA requires we not piggyback on current county contracts, but request specific aviation consulting services. Mr. Price motioned to authorize the Executive Director to send out a Request for Qualifications (RFQ) for additional consulting services. The motion was approved unanimously, after seconded by Mr. Peterka. Y:\Administration\AA BoardIMinutes\2005\6-13-05 minutes. doc 161 2C C. Parks & Recreation Theresa indicated that the Parks and Recreation Department expects to have a new Director named by the end of June and that the Airport Authority is poised to work with that Department when those staff members are ready to proceed. D. Marco Island As soon as Hole Montes submits its second application packet to United States Fish & Wildlife (USFW), the Authority will urge USFW to issue permits before the end of August for Vegetation Management and Taxiway construction at the Marco Island Executive Airport. E. Immokalee Permitting The Executive Director informed the Board that United States Fish & Wildlife is requesting 383 "panther mitigation credits," which equates to almost $1 million, just for Phase I development at the Immokalee Airport. The Authority will actively pursue means of reducing or eliminating this requirement because there is no evidence that any Florida Panther has been on that Airport Property, while proceeding with other development requirements. F. Policies & Procedures The Executive Director and staff is still reviewing and revising Policies & Procedures, including Leases and Minimum Standards, as necessary. The revised Policies and Procedures will reflect the proposed airport layout plan currently being reviewed and updated. G. Navigation Aides Based on the expense and service options, it was decided two years ago to decommission the localizer DME at the Marco Island Executive Airport. This was affirmed because most aircraft that utilized the localizer are now using GPS technology. There are two GPS approaches at the Marco Island Airport (Runway 17 and 35) and a VOR DME (Runway 35). Staff will look into selling the decommissioned equipment. The Executive Director will report on the status of the navigation aides at the Marco Island, Everglades and Immokalee airports at the August board meeting. H. Camp Ground Theresa advised that the expenses and potential liability issues associated with completing the electrical work and opening the campground at the Immokalee Regional Airport be compared with the revenue projections before finishing the electrical work at the site. r.. \Administration \AA Board\Minutes\2005\6-13~05 minute.s.doc 161 2C VII. NEW BUSINESS Resolution No 05-11 Authorizing the Executive Director to approve payment of$56,880 to Southwest Florida Wetlands JV for Mitigation Bank Credits from Panther Island Mitigation Bank was approved by a 5-0 vote after motion to accept by Mr. Vasey and seconded by Mr. Price. VIII. URS PRESENTATION Mike Thompson, representing URS, presented a draft layout plan for the Immokalee Regional Airport that included several alternatives for both near-term and long-term development at the airport. He also answered several follow up questions. X. ADJOURNMENT Meeting adjourned by Chairman Doyle "without objection." Y: \AdministrationlAA BoardIMinutes\2005\6- /3-05 minutes.doc 161 2~ COLLIER COUNTY AIRPORT AUTHORITY AGENDA DATE: PLACE: TIME: August 8, 2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Pledge of Allegiance II. Introduction of Guests III. Approval of Agenda IV. Approval of Minutes -June 13,2005 V. Executive Director's Report A. Financial Statements B. Immokalee Permitting Status C. ALP Update D. Status of Airport Navigational Aids E. Close-out of Everglades North Taxiway Project F. Fuel Flowage Fee Policy VI. New Business A. Executive Director's Performance Evaluation B. Resolution No. 05-12 authorizing execution of Amendment No. I to Hole Montes Work Order CCAA-04-07 in the amount of ($59,655) for Phase 1 Lake, Canal Realignment and Water Control Structure at the Immokalee Regional Airport. C. Board Vacancy/Resignation D. Board Membership Recommendations E. KPK Lease Amendment F. Sod Harvest Agreement G. Review Bids for Cessna 182 VII. Public Comment VIII. Adjournment Next Meeting: September 12,2005 Y: IAdministrationlAA Board\Agenda\2()05\8-()8~()5agenda summaries. doc 161 2C Collier County Airport Authority Addendum to the August 8, 2005 Agenda VI. New Business H. Resolution 05-13 authorizing execution of Amendment No.1 to Hole Montes Work Order CCAA-05-03 increasing the fee not to exceed an additional $12,000 (from $40,000 not to exceed $52,000) for Immokalee Airport Layout Plan (ALP) Study. Y: IAdministrationlAA Board\Agenda\2005\8~08-05agenda addendum. doc 16/ 2C Collier County Airport Authority Addendum to the August 8, 2005 Agenda VI. New Business 1. Approval to move forward with purchase of panther mitigation habitat in an amount not to exceed $350,000, subject to Grant Agencies' approval to utilize grant funds for such expenditure. Y: lAdministrationlAA BoardlAgenda\2005\8-08-05agenda addendwn 2.doc 16/ 2C AGENDA SUMMARY August 8, 2004 AGENDA ITEM NO. VII.C. ADVISORY BOARD V ACANCYIRESIGNATION NEW BUSINESS Summary: Collier County Ordinance 200-55 states that any Board member who is absent from more than half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation. Prior to the August 8, 2003 meeting, Mr. Ray Rewis had missed three consecutive and six of the eleven scheduled Board meetings in fiscal year 2005. (Letter to Mr. Rewis attached.) Recommendation: That the Board recommend the Board of Commissioners declare Mr. Rewis's position vacant. Y: IAdministration\AA Board\Agenda\2005\8-08~05agenda .summaries.doc 16/ 2C AGENDA SUMMARY August 8, 2004 AGENDA ITEM NO. VII.D. BOARD MEMBERSHIP RECOMMENDATIONS NEW BUSINESS Summary: The term of four members on the Collier County Airport Authority (CCAA) Board expires this year. A press release was issued requesting citizens interested in serving on this Board to submit applications for consideration. The following citizens submitted applications, attached for your review: Applicant Area of Expertise Stephen Price Jim Peterka Byron Meade Richard Schmidt Finance, Immokalee Resident Aviation, General Business, Marco Island Resident General Business General Business Recommendation: That the Board recommend the Board of Commissioners appoint all four applicants to the Collier County Airport Authority Board. Y: \Administration\AA BoardlAgenda\2()()5\8-08-05agenda summaries. doc 161 2C AGENDA SUMMARY August 8, 2004 AGENDA ITEM NO. VII.E. KPK LEASE ADMENDMENT NEW BUSINESS Summary: The Third Amendment to the KPKlGlobal Manufacturing Lease amending the rent and landscaping responsibilities is attached for your review. Mr. Palmer has reviewed and approved this amendment as to form and legal sufficiency. Recommendation: That the Board approve and authorize the Chairman to execute the Third Amendment to Assignment of Lease from Global Manufacturing Technologies, Inc. to KPK Management, Inc. Y: IAdministrationlAA BoardlAgenda\2005\8-08-()5agenda summaries. doc AGENDA SUMMARY August 8, 2004 161 2C AGENDA ITEM NO. VII.F. SOD HARVESTING LICENSE AGREEMENT NEW BUSINESS Summary: The Sod Harvesting License Agreement between the Airport Authority and Buds Sod, LLC for Sod Harvesting Operations at the lmmokalee Regional Airport is attached for your review. Mr. Palmer has reviewed and approved the agreement as to form and legal sufficiency. Recommendation: That the Board approve and authorize the Chairman to execute the Sod Harvesting License Agreement with Buds, Sod LLC. Y: lAdministrationlAA BoardlAgenda\2005\8-08-05agenda summaries. doc 161 2C AGENDA SUMMARY August 8, 2004 AGENDA ITEM NO. VII.G. SALE OF AUTHORITY OWNED CESSNA 183 NEW BUSINESS Summary: The Board directed staff to place the Authority owned Cessna 182 Aircraft out to surplus sale bid with a minimum acceptable bid offering of$85,000. The aircraft was placed on surplus sale bid in accordance with Collier County asset procurement! disposition regulations. Bids were received by the County Purchasing Department on July 22,2005. Two bid offers, greater than the minimum acceptable value of $85,000 for the aircraft were received. (Bid tabulation attached.) Recommendation: That the Board accept the greater of the two bids and award the sale ofthe aircraft to Rex Air LLC of Naples for the amount of $87,500 subject to Board of County Commissioners approval. Y: \AdministrationlAA BoardlAgenda\2005\8-08-05agenda summaries. doc 161 2C Collier County Airport Authority Addendum to the August 8, 2005 Agenda VI. New Business H. Resolution 05-13 authorizing execution of Amendment No.1 to Hole Montes Work Order CCAA-05-03 increasing the fee not to exceed an additional $12,000 (from $40,000 not to exceed $52,000) for lmmokalee Airport Layout Plan (ALP) Study. Y: IAdministrationlAA BoardlAgenda\2005\8.08-05agenda addendwn.doc COLLIER COUNTY AIRPORT AUTHORI~ AGENDA 28J DATE: PLACE: TIME: September 12,2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00 pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Pledge of Allegiance II. Introduction of Guests III. Approval of Agenda IV. Approval of Minutes - August 8, 2005 V. Executive Director's Report A. Financial Statements B. Immokalee Permitting Status C. ALP Update VI. Old Business A. Resolution No. 05-12 authorizing execution of Amendment No. I to Hole Montes Work Order CCAA-04-07 in the amount of($59,655) for Phase I Lake, Canal Realignment and Water Control Structure at the Immokalee Regional Airport. B. Resolution 05-13 authorizing execution of Amendment No. I to Hole Montes Work Order CCAA-05-03 increasing the fee not to exceed an additional $12,000 (from $40,000 not to exceed $52,000) for Immokalee Airport Layout Plan (ALP) Study. VII. New Business A. Review and approval of Genapol Lease B. Resolution 05-14 authorizing execution of Amendment No.3 to Hole Montes Work Order CCAA-OO-OI in an amount not to exceed $30,000 (from $358,954 not to exceed $388,954) for Immokalee Environmental Resource Permit VIII. Public Comment IX. Adjournment Next Meeting: October 17,2005 Y:l4dministration lAA BoardlAgenda\2005\9-/2-05agenda.doc 161 2C Collier County Airport Authority Addendum to the September 12, 2005 Agenda VII. New Business C. Schedule Special Meeting for week of September 19,2005 D. Executive Directors Performance Evaluation E. Review of applicant's qualifications for Collier County Airport Authority Board Y: IAdministrationlAA BoardlAgenda\2005\9- J 2-05agenda addendwn.doc 16 , 2~ COLLIER COUNTY AIRPORT AUTHORITY AGENDA for "SPECIAL MEETING" DATE: PLACE: TIME: September 26, 2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Pledge of Allegiance II. Introduction of Guests III. Approval of Agenda IV. Old Business A. Resolution 05-13 authorizing execution of Amendment No. I to Hole Montes Work Order CCAA-05-03 increasing the fee by $12,000 (from $40,000 to an amount not to exceed $52,000) for Immokalee Airport Layout Plan (ALP) Study. B. Resolution 05-14 authorizing execution of Amendment No.3 to Hole Montes Work Order CCAA-00-01 in an amount not to exceed $30,000 (from $358,954 not to exceed $388,954) for 1mmokalee Environmental Resource Permit V. New Business A. Resolution 05-15 Authorizing Execution of the Engineering Services Agreement for the United States Department of Agriculture Grant B. Resolution 05-16 Recommending the BCC approve and execute the Lease Agreement with Genapol as written for (twenty-nine) 29 years and ten (10) cents per square foot. VI. Public Comment VII. Adjournment Next Meeting: October 10, 2005 Y:\AdministrationlAA Board\Agenda\2005\9~26.05 Special Mtg agenda.doc 161 2C COLLIER COUNTY AIRPORT AUTHORITY AGENDA ADDENDUM DATE: PLACE: TIME: October 10, 2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 I;OOpm Addendum to the October 10, 2005 Agenda V. New Business F. Y: IAdministrationlAA BoardlAgenda\2005\9-26-05agenda addendwn. doc 16J COLLIER COUNTY AIRPORT AUTHORITY 2~ AGENDA DATE: PLACE: TIME: October 10,2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00pm Any person who decides to appeal a decision ofthis Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Pledge of Allegiance II. Introduction of Guests III. Approval of Agenda IV. Approval of Minutes -September 12,2005 and September 26, 2005 V, Executive Director's Report A. Financial Statements B. Bud's Sod C. US Fish and Wildlife D. Lake and Taxiway SDP E. Appraiser - Rates & Charges Presentation VI. New Business A. Election of Officers B. Minimum Standards Update DRAFT C. Leasing Policy Update DRAFT D. Salazar Lease DRAFT E. Consultant Selection VII. Public Comment VIII. Adjournment Next Meeting: November 14,2005 Y: I.AdministrationlAA Board\Agenda\2005\ I 0-1 0-05agenda.doc 161 2C COLLIER COUNTY AIRPORT AUTHORITY AGENDA ADDENDUM DATE: PLACE: TIME: October 10,2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00 pm Addendum to the October 10, 2005 Agenda VI. New Business F. Updated Memorandum of Understanding by and between the Florida Wing Civil Air Patrol (CAP) and the Authority for the Operation of a Mobile Incident Command Center Y: VldministrationlAA BoardlAgenda\2005\l 0-1 0-05agenda addendum. doc 16J 2p COLLIER COUNTY AIRPORT AUTHORITY AGENDA DATE: PLACE: TIME: November 14,2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Pledge of Allegiance II. Introduction of Guests III. Approval of Agenda IV. Approval of Minutes - October 10,2005 V. Executive Director's Report A. Hurricane Damage Assessment B. Airworks Assignment/Sale (Note: Annual Financial Report to be presented at December meeting) VI. Old Business Genapol VII. New Business A. Consultant Agreement with URS B. Final approval of Minimum Standards C. Reschedule January meeting - date, time and location to Immokalee VIII. Public Comment IX. Adjournment Next Meeting: December 12, 2005 Y:lAdministrationlAA BoardlAgenda\2005\/1-14-05agenda.doc 161 2C COLLIER COUNTY AIRPORT AUTHORITY AGENDA ADDENDUM DATE: PLACE: TIME: November 14,2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00pm Addendum to the November 14,2005 Agenda V. Executive Director's Report VII. New Business D. Approve URS Work Order for the Immokalee Airport Layout Plan $17,320.00. E. Approve URS Work Order for the Immokalee Airport Layout Drawing Plan Update $15,000.00. Y:\Administration\AA Board\Agenda\2005\1 J-14-05agenda addendum. doc 161 2C AGENDA SUMMARY November 14, 2004 AGENDA ITEM NO. V. EXECYTUVE DIRECTOR'S REPORT FISCAL 2005 YEAR-END FINANCIAL REPORT Summary; Presentation ofthe Collier County Airport Authority 2005 Annual Financial Report is being postponed until the December 12, 2005 meeting in order to present a complete and comprehensive report. Following Hurricane Wilma, County systems were down for approximately two weeks preventing access to the financial data necessary to compile the reports. Since the storm, the Airport Authority has been focused primarily on assessing and documenting the damage incurred at the three county airports for insurance, county, state and federal reporting purposes. Recommendation: Informational purposes only. No action necessary. Y:\AdministrationlAA BoardlAgenda\2005\/I.J4-05agenda.doc 16:1 2......e,,-. " " ',' .. COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF MONDAY, NOVEMBER 14, 2005 MEMBERS Robin Doyle Jim Peterka Gene Schmidt Byron Meade PRESENT: Richard Schmidt Charles Wright Steve Price STAFF: Theresa M. Cook Bob Tweedie Debi Mueller Tiffany Mendoza Thomas Palmer PUBLIC: Tammie Nemecek Winona Stone Ken Rutter Greg Sheppard Jeff Keel John Swasey Mike Taylor Meeting called to order at I :00 p.m. Halas Henning Coyle Coletta A quorum was present throughout the meeting. I. MEETING CALLED TO ORDER III. APPROVAL OF AGENDA Theresa Cook added the following items to the Agenda under VII. New Business: D. Approve $17,320 URS Work Order for the Immokalee Airport Layout Plan, and E. Approve 15,000 URS Work Order for the Immokalee Airport Layout Drawing Plan Update. Mr. Gene Schmidt made a motion to approve the agenda as amended. Mr. Richard Schmidt seconded the motion and the Agenda, with the additions, was approved by a 7-0 vote. Chairman Doyle officially welcomed new Board member, Mr. Charles Wright. IV. APPROVAL OF MINUTES The October 10,2005 Minutes of the Authority were unanimously approved, after motion to accept by Mr. Meade, seconded by Mr. Peterka. Mr. Meade requested that hard copies of presentations made at CCAA Board meetings be distributed to Board members. V. EXECUTIVE DIRECTOR'S REPORT A. Hurricane Damage Assessment Ms. Cook presented an overview of the major damage caused by Hurricane Wilma at Everglades Airpark, Immokalee Airport and the Marco Island Executive Airport. She informed the Authority that the local fire chief has condemned the entire hangar facility at the Everglades Airpark. Theresa further stated that between our insurance, FEMA, FDOT, and FAA, the Authority should (may) be able to rebuild all county-owned damaged buildings on airport property without incurring out of pocket expenses. No Airport Authority equipment was damaged at any of the three airports. Misc. Corres: Date: ltem#: Y:\Administration\AA Board\Minutes\2005\J J~f4-05 minutes CCAA tcp edited J J-16-05.doc Copies to: 161 2C Theresa indicated that the slide presentation shows only a representative sample of the damage at the three airports. Staff has more than 200 pictures that document the damage, and has cost estimates for repairs/replacement, for agencies such as FEMA, FDOT, FAA, Collier County Risk and Facilities Management Departments. Rough estimates are that almost $2 million in total damages occurred at the three airports combined. B. Airworks Assignment/Sale Mr. Ken Rutter, Airworks, is requesting approval from the Airport Authority Board to sell his lease at the lmmokalee Regional Airport, with all facilities to be accepted in an "as is" condition. His proposal for the sale/assignment of the Airworks sub-lease will be presented to the CCAA at the December 12, 2005 meeting. C. Annual Financial Report Presentation of the Airport Authority's 2005 Annual Financial Report is being postponed until the December 12, 2005 CCAA meeting to enable staff to present a complete, comprehensive report. The financial data necessary to compile the complete report was inaccessible to staff for approximately two weeks following Hurricane Wilma. Since the hurricane, staff has been focused primarily on assessing and documenting the damage incurred at the three county airports for insurance, county, state and federal reporting purposes. VI. OLD BUSINESS Genapol Art Ross, representing the Genapol corporation, has not yet supplied the Authority with requested financial documentation showing the need for a sub-lease that has a term longer than thirty (30) years, Mr. Ross has furnished letter from a bank that asserts that a sub-lease with a term of at least thirty (30) years, with the opportunity of a ten (10) year extension, is required for Genapol to secure the required financing of planned improvements to the sub-leasehold. Authority member, Steve Price, stated that such a letter from a bank is by no means dispositive of its assertions because such letters are readily obtainable from banks upon request. Chairman Doyle requested that Theresa put together a chronology of what and when the Authority has supplied to and requested ofMr. Ross. Mr. Palmer advised the Authority that he has found no judicial decision that holds, or any Florida Attorney General opinion (all of which contain convoluted reasoning) that indicates that the Board of County Commissioners has the requisite authority to negotiate a sub-lease term of a proposed "airport facility" sub-lease that is longer than thirty (30) years unless: (1) the proposed airport facility sub-lease is put out for bids, or, (2) if the airport facility sub-lease is to be negotiated, the appraised value of the sub-lease estate must exceed $20 million, and proposed sub-leases of facilities other than "airport facilities" must be put out to bid. 2 Y:IAdministrationL4A BoardIMinutes\2005\/ J -/4-05 minutes CCAA tcp edited 11-16-0S.doc 161 2C VII. NEW BUSINESS A. Consultant Agreement with URS A Request for Proposal (RFP) went out for additional Airport Engineering Consulting. Of the consulting firms that responded, the selection committee conducted the Competitive Negotiations procedures, and ranked URS as being "number one." Thereafter, staff negotiated a proposed consultant agreement with URS. Mr. Price made a motion to approve the proposed consultant agreement with URS. Mr. Gene Schmidt seconded the motion. The motion passed by a 7-0 vote. B. Minimum Standards The Minimum Standards will become a part of every sub-lease and/or license agreement that is to be approved by the Authority. Following making a minor amendment to the Standards' Definition of the "Authority," Mr. Gene Schmidt made a motion to approve the Airport Authority Minimum Standards (dated October 2005); Mr. Jim Peterka seconded the motion. The motion passed unanimously. C. Reschedule January meeting - date, time and/or location to Immokalee The Authority voted unanimously to hold the January 2006 CCAA Board meeting on January 16,2006 in Immokalee, following a motion by Mr. Price, seconded by Mr. Peterka. The exact location in Immokalee is yet to be determined. D. URS Work Order for $17,320 for the Immokalee Airport Layout Plan See VII-E below. E. URS Work Order for $15,000 the Immokalee Airport Layout Drawing Plan Update Mr. Price made a motion to approve both the Airport Layout Plan and the Airport Layout Drawing Plan Update Work Orders with URS; Mr. Wright seconded, The motion passed by a 7-0 vote. VIII. PUBLIC COMMENT In response to questions raised by Tammie Nemecek, EDC President, Theresa briefed the Authority on the permitting status at the Immokalee Airport. VII. ADJOURNMENT Meeting adjourned by Chairman Doyle "without objection." 3 Y: \AdministrationL4A Board\Minutes\2005\J 1-/4-05 minutes CCAA tcp edited ! 1-/6.05.doc COLLIER COUNTY AIRPORT AUTHORITY .W 2Q AGENDA DATE: PLACE: TIME: December 12, 2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00 pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record ofthe proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. 1. Pledge of Allegiance II. Introduction of Guests Ill. Approval of Agenda IV. Approval of Minutes -November 14, 2005 V. Executive Director's Report A. Parks and Recreation Agreement B. Fiscal 2005 Annual Financial Report C. Salazar Month-Month Rent Credit VI. Old Business A. Resolution 05-19 recommending that the Board of County Commissioners approve and authorize its Chairman to execute the lease with Salazar Machine and Steel, Inc. B. Resolution 05-18 Authorizing the Execution of an Engineering Services Agreement (AES) with Hole Montes for United States Department of Agriculture (USDA) Grant in the amount $58,480 for design and engineering consulting services for the Immokalee Phase I Lake. This AES replaces the AES executed on September 26th in the amount of $72,475. C. Reschedule January meeting - January 23 in Immokalee VII. New Business A. Leasing Policy: Addition of Qualifications section and Leasehold Application B. Immokalee Regional Airport and Florida Tradeport Signage Report - Richard Schmidt VIII. Public Comment IX. Adjournment Next Meeting: January 23, 2006 Y: 14dministrationlAA BoardlAgenda\2005\/2-! 2-05agenda. doc 16/ 2C COLLIER COUNTY AIRPORT AUTHORITY AGENDA ADDENDUM DATE: PLACE: TIME: December 12, 2005 Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114 1:00 pm Addendum to the November 14, 2005 Agenda VII. New Business C. Resolution 05-20 Approving the Assignment of the Lease from Airwork Enterprises to Mr. Gregory Shepard Y: \Administration IAA BoardlAgenda\2005\/2-/2-05agenda addendum. doc AGENDA SUMMARY December 12, 2005 161 2C AGENDA ITEM NO. VI. RESOLUTION 05-19: SALAZAR LEASE OLD BUSINESS Summary: At the October 26 Meeting, the Authority voted unanimously to recommend the Board of County Commissioners (BCe) approve the draft sub-lease with Salazar Machine and Steel, Inc. presented at the meeting, subject to an acceptable credit check. The term of the draft Agreement was twenty-nine (29) years. Staff recommends the term of the agreement be amended to thirty (30) years. The Airport has received an acceptable credit check Recommendation: That the Board recommend the BCC approve and authorize the Chairman to execute the Lease Agreement with Salazar Machine and Steel, Inc. as revised for a term of thirty (30) years. Y: IAdministrationlAA Board\Agenda\2005\12~ 12-05agenda.doc AGENDA SUMMARY December 12, 2005 16/ 2C AGENDA ITEM NO. VII.A. RESOLUTION 05-18: USDA AGREEMENT FOR ENGINEERING SERVICES NEW BUSINESS Summary: At the September 26, 2005 Special Meeting, the Authority voted unanimously to authorize the execution of the Agreement for Engineering Services (AES) with Hole Montes for the United States Department of Agriculture (USDA) Grant to replace and reimburse Hole Montes Work Order CCAA-04-07 in the amount of$72,475. The USDA rejected the AES for this amount because the Regional Office only approved an AES for $58,480. Recommendation: That the Board authorize the Chairman to execute the new AES in the amount of$58,480. Y: lAdministrationlAA BoardlAgenda\2005\12-J 2-05agenda. doc 161 2C COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF MONDAY, DECEMBER 12, 2005 MEMBERS Robin Doyle PRESENT: Gene Schmidt Steve Price Richard Schmidt STAFF: Theresa M. Cook Thomas Palmer Bob Tweedie Debi Mueller Debbie Hamaga PUBLIC: Tammie Nemecek Jeff Keel Winona Stone Shirley Blair Ken Rutter Greg Sheppard I. MEETING CALLED TO ORDER Meeting called to order at 1 :05 p.m. A quorum was present throughout the meeting. III. APPROVAL OF AGENDA Theresa Cook added the following items to the Agenda under VII. New Business: C: "Resolution 05-20 Approving the Assignment of the Lease from Airwork Enterprises to Mr. Gregory Shepard." Mr. Steve Price made a motion to approve the agenda as amended. Mr. Gene Schmidt seconded the motion and the Agenda, with the additions, was approved by a 4-0 vote. IV. APPROVAL OF MINUTES The November 14 2005 Minutes of the Authority were unanimously approved, after motion to accept by Mr. Gene Schmidt, seconded by Mr. Richard Schmidt. Mr. Steve Price voted to approve the minutes, but reserved the right to come back to the minutes. V. EXECUTIVE DIRECTOR'S REPORT A. Parks and Recreation Agreement Ms. Cook informed the Authority that Parks and Recreation has the proposed agreement, but is changing its staff Once the new Parks and Recreation Director has had an opportunity to review the agreement, Parks and Recreation will follow-up with CCAA. The site is currently being used as a staging area for hurricane Wilma debris. According the e-mail from the County, debris removal is expected to be complete by February 28, 2006 (in Immokalee). B. Fiscal 2005 Annual Report Debi Mueller, the Airport Authority's Office Manager, presented the Airport Authority's Fiscal 2005 Financial Results. In addition to explaining the variance between budget and actual revenue and expenses for each cost center and providing rational for various trends, Debi answered questions posed by the Authority's members regarding the following: Y:\AdministrationIAA BoardlMinutes\2005\12-12-05 minutes tcp comments 12-20-05.doc 161 2C o Each year for the last several years the Airport Authority has needed to request less and less funds from the County o At fiscal-year end, the difference between the budgeted general fund transfer and the actual figures is carried forward and reflected in the next-year's budget o Florida Statute requires five percent (5%) revenue reserve o The single largest non-discretionary expense is indirect cost reimbursement, which is a cost allocation charged to all of the County's Departments. o The largest user of Avgas at Marco, Marco Aviation, has consistently purchased about ten percent (10%) less fuel for the past three fiscal years Debi also informed the Authority that the October 2005 financial results are included in the package. She requested feedback regarding the revised format used to present the October 2005 results to the CCAA and proposed for future CCAA financial reports. Chairman Doyle commended Debi for providing to the CCAA such thorough treatment of financial results. C. Salazar Month-to-Month Rent Credit Ms. Cook informed the Authority that Mr. Salazar has invested approximately $13,300 for improvements and/or changes to leased facilities in Immokalee, including fencing of the leased parcel and improvements specific to Salazar Machine and Steel, Inc. Mr. Salazar is currently paying less than the fair market rent to sub-lease the space, there was discussion regarding the possibility of extending Mr. Salazar a rent credit equal to cost of the fencing ($5,145); it was decided that staff will reevaluate this rent credit proposal and consider possible alternative sub-tenant incentives. Chairman Doyle mentioned the possibility of offering sub-tenants sub-lease extensions based on written performance criteria. VI. OLD BUSINESS A. Resolution 05-19 recommending that the Board of County Commissioners (BCC) approve and authorize its Chairman to execute the sub-lease with Salazar Machine and Steel, Inc. No action was taken on this agenda item as staff wants to review the sub-lease term before requesting that the Authority recommend approval of the sub-lease by the BCC. B. Resolution 05-18 Authorizing the Execution of an Engineering Services Agreement (AES) with Hole Montes for United States Department of Agriculture (USDA) Grant in the amount $58,480 for design and engineering consulting services for the Immokalee Phase I Lake. This AES replaces the AES executed on September 26th in the amount of $72,475. The Board did not take action this agenda item because the reason for the approximately $14,000 decrease in the amount of the AES was unclear. The Authority expressed concerned that the scope of work might be compromised by decreasing the amount of the agreement to the amount acceptable to the USDA. Staff will review the AES and related Work Order to address the Authority's concerns, and will present supporting details and documentation at the January 23 meeting. 2 Y: \Administration\AA BoardlMinutes\2005\12-J 2-05 minutes tcp comments J 2-20-05.doc -- 161 2C C. Reschedule January meeting - January 23 in Immokalee The Authority voted unanimously to hold the January 2006 CCAA Board meeting on January 23, 2006 in Immokalee, following a motion by Mr. Price, seconded by Mr. Richard Schmidt. The meeting will be 1:00 in the KPKlGlobal conference room at the Technology Center. VII. NEW BUSINESS A. Leasing Policy: Addition of Qualifications section and Leasehold Application to Leasing Policy Ms. Cook requested that the Authority review and provided comments on the draft "Leasehold Application" included in the meeting package for possible inclusion in the Leasing Policy. The Authority recommended that staff develop different applications based on the different types of sub-lease agreements. Revised applications, based on input provided at the meeting, will be presented to the CCAA at the January 23, 2006 meeting. B. Immokalee Regional Airport and Florida Tradeport Signage Report - Richard Schmidt At the request of the Chairman, CCAA Member, Richard Schmidt, presented a proposal for signage that would provide better direction to the Immokalee Airport and identify the businesses located in the Tradeport. The proposed signage will cost between $13,000 and $18,000. The Authority will consider budgeting for signage in Immokalee when compiling its 2007 budget. C. Resolution 05-20 Approving Assignment of the lease from Airwork of Florida, Inc. to Mr. Gregory Shepard, an Individual Mr. Steve Price made a motion to approve the assignment of the lease currently held by Airwork Enterprises of Florida, Inc., to Mr. Gregory Shepard. Mr. Gene Schmidt seconded, and the motion passed by a 4-0 vote. The lease, as assigned, does not authorize any use beyond the uses granted to Airworks, and is limited to supplying fuel only to aircraft owned by the occupant and used only for crop dusting. It is anticipated that Mr. Shepard will apply to the Authority to amend the lease to delete use for crop dusting, and in lieu of crop dusting, operate a not-for-profit museum. IX. ADJOURNMENT Before adjourning, Ms, Cook recognized and thanked staff for stepping in and taking on additional duties, and designated Debbie Harnaga as the "Airport Authority Employee of the Year," acknowledging the supplementary responsibilities she took on with the combining of the grant writer and administrative assistant positions. All members of the CCAA and other staff personnel congratulated Debbie. Meeting then adjourned by Chairman Doyle "without objection," 3 Y:\AdministrationIAA Board\Minutes\2005\12-/2-05 minutes tcp comments 12-20-05.doc BAY"OI. "..1111_1011 M.s.7 Jt Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 16 r G 2' -: RECE!\iEO DEe 0 1 2005 ~-)oard of C\-ilmly Commissioners November 9, 2006 Fiala Halas Henning Coyle Coletta _ SUMMARY OF MINUTES & MOTIONS III. & IV. Agenda and Minutes were approved unanimously. Bob Petersen was present to infonn the Committee members of their Grant for $200,000 was awarded. They need to decide on how to use it. IT is set up for $50,000 for a design consullant and $150.000 for construction. Ughling was discussed. V, Landscape Maintenance Report: stonn damage was covered by Ground Zero. The lighting and poles were discussed along with banners. Ray Perrine moved that staff obtain a scope of services from a consultant for design of retrofitting the Bayshore Ughts to meet FOOT standards and to store the existing lights, Second by Victor Brittan. Ray amended his motion to include Thomasson from Bayshore East. Victor amended his second. The consultant will break out the Thomasson section n his proposal and could possibly documenl it as a Phase II depending upon costs. Carried unanimously 3-0. Ray Perrine moved to approve and accept the proposal of $6,316 from Ground Zero for the removal of damaged trees and stump removal. Second by Victor Brittan. Carried unanimously 3-0 There is a request for Legal Services concerning a motion from Ihe previous meeting concerning the cooperaling efforts ofthe MSTU in paying 1/3 of design costs for landscaping and road treatment as per requirements of Ihe "Bayshore Design Standards' etc. It needs clarification on scope of services and specific costs. VI. Old Business: B, Status of Banner Anns This project was placed on hold. Raymond Perrine moved to remove this item from the Agenda until further notice. Second by Victor Brittan, Carried unanimously 3-0. C. Revision to the MSTU Ordinance The Committee will review the present Ordinance for possible changes and amending it. Misc. Carras: Date: J J,().l.lf OL ltem#: J lor. Ole (~') Copies 10: l6 Ie ~~ ~- t_ BaY"OI. BMMllIUltloll M.5.7 Jt. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 November 9, 2005 Minutes I. The meeting was called to order by Tom Finn at 4:20 PM. II. ATTENDANCE Members: Tom Finn. Victor Brittan, Raymond Perrine, Maurice Gutierrez (Absent), Bill Neal (Excused) County: Darryl Richard-Project Mgr., Tessie Sillery-MSTU Coordinator, Bob Peterson- Landscape Project Mgr.. Pam Lulich-Landscape Project Mgr. Others: Aaron Goss- Ground Zero, David Jackson-CRA Director, Sue Chapin-Manpower Services III. APPROVAL OF AGENDA Add: Bob Petersen and Pam Lulich after Approval of Minutes to report on the Committee's Grant. Victor Brittan moved to approve the Agenda as amended, Second by Ray Perrine. Carried unanimously 3-0, IV. APPROVAL OF MINUTES: October 12, 2005 Ray Perrine moved to approve the minutes of October 12, 2005. Second by Victor Brittan. Carried unanimously 3-0. Bob Petersen reported the MSTU has been awarded their grant of $200,000 that was applied for in 2001. It was set up for $50,000 for a design consultant and $150.000 for construction. It was set up for Bayshore lights and bridge - possibly pavilions or extra lighting elc. There is some leeway with the Slate as long as it is used in that area. The MSTU will be reimbursed after expenditures, It is up to Ihe Committee to decide how to use it. but was suggested 10 possibly stick with the lighting theme. The bridge lights have been installed so the Committee needs to make a decision on what they want to do with the Grant money. The poles they currently have can be removed and used in other locations. The banners hang 100 low; the grant money could be used for taller poles. It had been decided burying the power lines was 100 costly, so the lighting project was considered. The Committee will discuss the Grant money further and let Darryl know at a future meeting. It can also be used for Landscaping or other beautification issues. Darryl will check with the Slate on when the funds need 10 be used by. David Jackson - CRA Director suggested they spend the Grant money before they spend any other monies. The Committee approved Thomasson extension and could purchase lights for that area. V. LANDSCAPE MAINTENANCE REPORT: 1 16 Ie 2 " .: A. Ground Zero - Aaron Gross . Took pictures of Ihe stonn damage . Approx. 65 trees down . Live Oaks and Palms did well being native trees . Recommendations for replacement trees: Foxtail. Alexander's, Holley's etc. Aaron will bring pictures oftrees to lhe next meeting. . Proper Arborist pruning and thinning is important and necessary . Has submitted estimate of stonn clean-up . Banners were reinstalled after stonn Aaron discussed the lighting poles. Darryl responded the FOOT standards do apply to Bayshore MSTU because the BCC approved the Right-of-Way Ordinance, The difference in the PVC for the banner anns was discussed. If the Committee continues with the banners an appropriate banner ann will be needed. The lighting poles were also discussed with the possibility of using lhe Grant funds for new poles. Ray Perrine moved that staff obtain a scope of services from a consultant for design of retrofitting the Bayshore lights to meet FDOT standards and to store the existing lights, Second by Victor Brittan. Ray amended his motion to include Thomasson from Bayshore East. Victor amended his second. The consultant will break out the Thomasson section in his proposal and could possibly document it as a Phase II depending upon costs. Carried unanimously 3-0. The proposal from Ground Zero is $6.315 for tree and stump removal. Ray Perrine moved to accept the proposal of $6,315 from Ground Zero for the removal of damaged trees and stump removal. Second by Victor Brittan. Carried unanimously 3-0. Victor will help Aaron look at the areas hit by the Hurricane for plant material, Darryl discussed the motion from the previous meeting concerning the cooperating efforts of the MSTU in paying for 1/3 of design costs for landscaping and road treatment as per requirements of the "Bayshore Design Standards" ete, He stated Ihere is a Request for Legal Services concerning the motion. II did not identify specific costs or the scope of the project - need the extent of the project and there are no "Bayshore Design Standards" in place. The motion is vague in its intent and needs clarification. Being the MSTU is an advisory Committee it requires review. David Jackson - CRA Director - stated it is a legal ilem by the County Attorneys in Collier County. He expressed his personal views, thaI because of this. nothing gets done. The motion should probably state the MSTU agrees 10 do it, with the cost to be delennined. This will be a legal battle. He also stated if the MSTU wants 10 do it. they should do iI. A Landscape Architech should design some guidelines for every streel in Bayshore. Discussion followed on what type of an image the Committee wants Bayshore to have. In checking their Ordinance the main purpose is Beautification and they should plan on some long range goals. 1. Irrigation Clocks - Bids from Motorola are nol approved from purchasing yet. VI. TRANSPORTATION SERVICES REPORT: A. Budget - Tessie Sillery 2 161C2 1,1i Budget was distributed, the various line items explained and invoices covered, (Attached) VII. OLD BUSINESS: A. Future Projects 1, CAT Shelters Update - Darryl Richard Master permil approved - 90% plans are being reviewed. 2. Letter from Windstar (Effluent water) - Bill Neal No report. 3, Effluent Water pipes - Darryl Richard Pipes are nol purple - needs to be reviewed further. B, Status of Banner Anns - Darryl RichardlMitch Riley New proposal for FOOT Slandards for cast aluminum is not recommended by staff. This project was placed on hold. Raymond Perrine moved to remove this item from the Agenda until further notice, Second by Victor Brittan. Carried unanimously 3~, C, Revisions to MSTU Ordinance - David Jackson had reviewed the MSTU Ordinance and had the following suggestions: Beautification is creating a place for people to interact . He included things they can do according to the present Ordinance plus other ideas: . Added Banners . Curbs. irrigation, planlings & maintenance . Median strips . Sidewalks. street lights. traffic calming . Streetscape - indudes Street Furniture. Trash Cans. Trash Receptades. Bicyde Racks. Benches, School Bus Shellers . Directional Signage . Before sidewalks are put in, need to pay for storm water treatment . Think of side streets . Broader language in the Ordinance The Committee members will review the Ordinance and come up with more suggestions at the next meeting and then consider amending it. VIII, NEW BUSINESS: A. Sunshine law - a reminder of the Sunshine Law for all Committee Members was brought up and suggested to hold a Workshop with one ofthe County Attorneys. Diane Flagg suggested an Attorney put on a Workshop at each MSTU's regular meeting. Staff will initiate the Workshop and put on the Agenda when confirmed IX. PUBLIC COMMENTS: None Being no further business to come before the Committee, the meeting was adjourned at 5:45 PM. The next meeting is Wednesday, December 14, 2005, 4:00 PM. Collier County Landscape Operations 2885 Horseshoe Drive South Naples, FL 34104 3 "' o o N -a; ,,- 0>_ "0_ ~- CD 0 => .. f-'" I/)<D ::;8 OcN <D 0 ~ .....:;::;(1) "Oi3.o 5!E ~ LL'5i5.. 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E c . 8 ~ ~ 0 ~.. ~ i::l ClC ~~ ~ ffi ::Ow Wa. ~!::: ~o ~~ ~:n2 JO~~::S!Z ~~5!.2w~ l\IUl::E:!~i =15~l-w<c :~~~~~ ::I z<;:)). 0 .!!~!Zo""ii: ~~8~~~ ~w~m~~ Ol:::i..Jl:3UlUl g'zw....ww zou..:!<!C fII">-UUU ..c~:!QQC rfi~~~~ B f 1 L.J C.,~ 2 ayshore Beauti ication ~ Monthly Activity November Meeting Report Title Sub-Title Amount Other Contractual Ground Zero - GM $2,108,00 Other Contractual Ground Zero - Inc, $165.00 Other Contractual Ground Zero - Inc, $188.00 Other Contractual Ground Zero - Basic Main!. - $4047.65 Total $6,508.65 Interdeot. Cosl Reimb. Countv fee $2,750.00 Other Misc. Services Mancan, Inc. $234.30 Other Misc. Services Mancan. Inc. $129.96 Total $364.26 Water & Sewer Bavshore Dr. 1M 2 $3,254.89 Waler & Sewer Bavshore Dr. 1M3 $2,772.04 Total $6,026,93 Sorinkler Svst. Maint. John Deere $65.32 Sorinkler Svst. Maint. John Deere $295.27 Total $360.59 Electricitv FP&L -Bavshore entrv liahts $21.17 Electricitv FP&L -Bavshore entrv liahts $21.17 Electricitv FP&L -Irriqation meter $8.97 Electricitv FP&L -Irriqation meter $8.46 Total $59.77 Totallnv. Paid $16,070.20 po History Emerg. #8 Emergency Cleanup Wilima 10,000.00 '16 I ~-2 u lJAylAOI. BMMIIIMtIOll M.s.7.1t. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 December 14, 2005 Aaenda I. CALL MEETING TO ORDER II. ATTENDANCE III, APPROVAL OF AGENDA IV, APPROVAL OF MINUTES: November 9, 2005 V. LANDSCAPE MAINTENANCE REPORT: A. Ground Zero - Aaron Gross 1. Irrigation Clocks VI. TRANSPORTATION SERVICES REPORT: A. Budget - Tessie Sillery VII. OLD BUSINESS: A. Future Projects 1. Leiter from Windstar (Effluent water) - Bill Neal 2. Effluent Water pipes - Darryl Richard B. Review of MSTU Ordinance by Committee Members C. Grant Funds VIII. NEW BUSINESS: IX. PUBLIC COMMENTS: X. ADJOURNMENT The next meeting is Wednesday, January ii, 2006, 4:00 PM, Collier County Landscape Operations 2885 Horseshoe Drive South Naples, FL 34104 THE BAYSHORE/GATEWAY TRIANGLE RE16Jp> C3 AGENCY A 2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.175.4456 COMMUNITY REDEVELOPMENT BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday January ii, 2005, 6:00 p.rn, The Bayshore/Gateway Triangle Redevelopment Area Office 2408 Linwood Ave. Suite 7, Unit 11 - Conference Room Aaenda 1. Roll Call a. Acceptance of Absences 2. Adoption of Agenda rdr h a-, f' (lJ C ~ \ !~t', g r .(,.....}- t~ILCL ,lQ c, " " .~ n:J...Y 3, Minutes from December 7. 2004 Meeting 4. Announcements & Correspondence / a. Need for an accountan') .s ~~l~ <. . 5. Financial Re~~ I~l\ \ADC(\Lr\-\-i)IiV~ 1 CiQ.^-~~( o.,,\."'\\'\i).D~ Ol)(LU\-)- 6. Collier County Department Items ~ a. Code Enforcement i. Michelle Arnold: Oakes Farms, Mango's. Construction Traffic b. Transportation L Davis Boulevard Street Lighting - Safety Grant iL Traffic Calming Projects c. Stormwater L Gateway Triangle Storrnwater Master Plan - iL Haldeman Creek Dredging Fiala Halas Henning Coyle Coletta / 7, Old Business a. Comprehensive Zoning Overtay Plan (HDR) L Bayshore Overlay iL Gateway Triangle Overlay Site Improvement & Impact Fee Assistance Grant Bayshore: Name Changr . . . .....l.--- Sugden Par1<entrance (e~1~t) ...G~l Eecutive Director -ef'V-,'. n-u:::t ) ("\ "I ? '-./ i !f 8. New Business /, ~ h./ Qfr}.,.., (2~^ ~.{,.",-il 0lf'r.iD.....-- 9. Citizen Comments b. c, -d, /10. 10. Adjournment Note; An meetings are publicly noticed in the Harmon Tumer Building (Adminislralion Building). Please call Aaron Blair. Executive Director. at (239) 643-1115 Wyou have any questions about the.-..g. 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 cerl8in assistance. Please contact the COllier County Facililies Management Oepar1ment located at 3301 East Tamiami Trail, Naples, Florida. 34112. (239) 774-8380;....isted listening devices for the hearing impaired are available in the County Commissioners' Office. ~-eh <t Misc. CorTes: Dale: / /cJ4 /D/p . Item #: /10 I .;)c. (3") Copies to: THE BAYSHORE/GATEWAY TRIANGLE REDE,vEL1~1 C-~ COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AvE. SUITE 11 NAPLES. fL 34112 PHONE 239.643.1115 PAX 239.775.4456 BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD MINUTES OF THE JANUARY 11, 2005 MEETING The meeting of the BayshorelGateway Triangle Local Redevelopment Advisory Board was called to order at 6:00 p.m. at the BayshorelGateway Triangle Redevelopment Area Office. Conference Room. 1. Roll Call-Present: Advisory Board Members: Chuck Gunther, Ronald Fowle, Sharon King. Bill Neal, Karen Beatty, William Mears, Michael Valentine, Phil McCabe and Rod Gamer i. Mr. McCabe arrived at approximately 6:15. Mr. Valentine left meeting at approximately 7:30. CRA Staff Present: Tammy Williams Elected Officials Present: Commissioner Fiala Collier County Staff Present: Michelle Arnold and John Olney, Code Enforcement Patrick White. Assistant County Attorney Public Guest: Jeanne Harvey, Jim Redic, Laban LeBuff. Win Turner, Deborah Talbot, Janelle Brownfield, Tom Hamilton and John Smith 2. AdoDtion of Aaenda: Agenda Adopted 8-0 3. Minutes from December Meetina: Appropriate additions of names for motions passed. Minutes approved . 4. Announcements & Corresoondence: a. Ms. King and Mr. Neal will create a letter to Mr. Aaron Blair thanking him for his work as the first Executive Director with the CRAAB b. Patrick White advised that recommendations and budget amendments be made to insure that payments are made. c. Ms. King brought up changes to contract for office assistant. Ms. King made a motion to accept contract 2"" by Ms. Beatty. Motion passed. 5. Financial Reoort: Not available. Mr. Mears will work with Mike Smykowski to get budget in order. Spreadsheet needs to be located in computer for reports. a. There was a motion to hire an accountant by Ms. King 2"" by Mr. Mears. After discussion Ms. King and 2nd by Mr. Mears withdrew the motion. We will look into other options for an independent audit. 6. Collier County Deoartmentllems: a. Code Enforcement i. Michelle Arnold inquired about any complaints or past problems with the Tipsy Seagull. Mr. Neal said it was a code compliance issue. b. Transportation i. Davis Boulevard Street Lighting- Need for a JP A was discussed will contact Bob Tipton to see if he will assist with this. ii Traffic Calming Projects 1. Bill will get with transportation at meeting following night about putting a letter out to owners in the area. c. Storrnwater i. Gateway Triangle Storrnwater Masterplan: The New HDR report is in for review. ii. Haldeman Creek Dredging: Commissioner Fiala wiD keep us abreast of all activity ,161 C 3 7. Old Business a. Comorehensive Zonina Overlav Plan-.Discussed having a town meeting in February. Mr. Neal will contact HDR. b. Site ImDrovement & Imoact Fee Assistance Grant- Several applications are pending will discuss at February meeting. Discussed a presentation to FFT -Shadowlawn (CVS) to present check. Corrections need to be made to open grant contracts, Tammy will handle changes and have contracts re-signed by applicants, then forward them for signatures. c. Bavshore MSTU - Mr. Neal advised that MTSU is in the process of a name change d. Suaden Park Entrance - Phil McCabe said that he will bring the engineers to next months meeting to address questions. e. Executive Director - Mr. Mears made the motion to allow Ms. King to expand the amount of a~licants and to advertise for the position with a budget not to exceed $5000.00. 2 by Mike Valentine. Motion Passed 8-0 i. Attorney White advised that a ratification of the actions taken at the Board's emergency board meeting last month ought to be approved to address any potential concerns about the adequacy of notice provided for the meeting, and asked if minutes were taken. Mr. Neal replied that notice was provided and that minutes had been taken. ii. Motion was made to ratify acceptance of action taken at Board's emergency meeting regarding the termination of Mr. Aaron Blair effective on December 24, 2004. by Mr. Gunther, 2"" by Ron Fowle. Motion passed unanimously. 8. New Business- a. All were advised that the CRA Board had voted to approve Rod Gamer as a new BayshorelGateway Triangle Board Member. 9. Citizen Comments- a. Winn Turner from the Jaycees said that they were looking at the Ships Inn to purchase for the Jaycees Clubhouse and would like the CRA to help with anything that they can. He invited board members to come to the Founders meeting on Thursday. b. Jeanne Harvey and John Smith discussed the Real McCaw Restaurant wishing to get a piece of property and asked for assistance with finding a new property for Labor Finders (owner of the property) a new location within the area. Mr. Neal stated he would contact Mr. Ehrman. Karen said she would research for new property. c. Laban LeBuff stated that he spoke with Aaron Blair in the past and is trying to make sure that he is included in the Overlay Plan. 10. Adiournment - As there was no further business to discuss, the meeting was adjourned at 8:55. The next meeting will be Tuesday, February 1, 2005 at 6:00 P.M. THE BAYSHORE/GATEWAY TRIANGLE REDEVELo16TIAC 3 .,J COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AVE SUITE 11 NAP1.E5. rL 34112 PHONE 2':l9.643.1t15 FAX 239.715.4456 BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday February 1, 2005, 6:00 p.m. The BayshorelGateway Triangle Redevelopment Area Office 2408 Linwood Ave. Suite 7, Unit 11 - Conference Room AGenda 1. Roll Call a. Acceptance of Absences 2. Adoption of Agenda 3. Minutes from January 11, 2004 Meeting a. Minutes from Emergency meeting December 29. 2004 4. Announcements & Correspondence 5. Financial Report 6. Collier County Department Items a. Code Enforcement b. Transportation i. Davis Boulevard Street Lighting ii. Traffic Calming c. Stormwater L Gateway Triangle Stormwater Masterplan ii. Haldeman Creek Dredging Projects 1 . Margaret Bishop 7. Old Business a. Comprehensive Zoning Overlay Plan (HDR) L Bayshore Overlay ii. Gateway Triangle Overlay b. Site Improvement & Impact Fee Assistance Grants L Extension request due to hurricane delays. c. Bayshore MYSU d. Sugden Park entrance e. Executive Director 8. New Business 9. Citizen Comments 10. Adjournment Note: AU meetings are pubticly noticed in the Harmon Turner Building (Administration Building). Please call Aaron Blair, Executive Director. at (239) 643-1115 ~ you have any questions about the ~. 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 iocaIed at 3301 East Tamiami Trail. Naples, Florida, 34112. (239) 774-8380; assisted lislening devices for the hearing impaired are available in the County Commissioners' Oflice. THE BAYSHORE/GATEWAY TRIANGLE REDEvELolbJ~ 3 .~+ COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AVE SUITE 11 NAPLES, FL 14112 PHONE 239.643.1115 FAX 239.115.4456 BAYSHORE/GATEWAY TRIANGLE LOCAl REDEVELOPMENT ADVISORY BOARD MINUTES OF THE FEBRUARY 1, 2005 MEETING The meeting of the BayshorelGateway Triangle Local Redevelopment Advisory Board was called to order at 6:02 p.m. at the BayshorelGaleway Triangle RedevelOpment Area Office. Conference Room. 1. Roll Call-Present: Advisory Board Members: Chuck Gunther, Ronald Fowle, Sharon King, Bill Neal, Karen Beatty, William Mears, M'tehael Valentine, Phil McCabe and Rod Garner i. Mr. McCabe arrived at approximately 6:15. CRA Staff Present: Tammy Williams Elected Officials Present: Commissioner Fiala Collier Countv Staff Present: Margaret Bishop, Storrnwater Management; Patrick White, Assistant County Attorney; Diane Flagg. A1temative Transportation Modes; Pam Lulich, Alternative Transportation Modes. Public Guest: Bob Vigliotti, Doug Workman, Barb Gamer 2. Adoolion of Aoenda: Agenda as presented Adopted 8-0 3. Minutes from JanuaIV 11. 2005 and December 29"'. 2004 Meelinos: Minutes approved without changes. 4. Announcements & CorresDondence: None 5. Financial Reoort Discussion moved to old business, Item 7. f. Budget: 6. Collier Countv DeDartment Items: a. Code Enforcement: No report. b. Transportation i. Davis Boulevard Street Lighting: Diane Flagg wanted to know if it was the BayshorelGateway Triangle CRA Advisory Board's intent to finance the differenCe between steel street lights and decorative street lights on Davis Blvd. The advisory boards answer was 'Yes, it is the advisory boards intent to pay the difference, pending firm figures: 1. There will be a survey done to see if easements will be needed for the lights, if the so, the county is to try to get the property owners to donate the easements. It was agreed that if there were any problems with any of the owners, the advisory board would contact the owner and try to get them to donate the easement 2. Pam LuIich discussed the point at Tamiami Trail and Davis Blvd. The county will pay for landscape and irrigation design. They will have it bid as an alternate project. The adviSOry board will look at the bids and make the decision at that time on the point. Mr. Phil McCabe will act as liaison between the advisory board and the county. a. Mr. McCabe made the motion for a water feature in the point and the advisory board will agree to review the bids to see if the advisory board will approve them. 2"" was made by Mike Valentine. Motion passed unanimously. ii. Traffic Calming Projects: Bill Neal staled that he has spoken with Don Schnieder in Transportation and that Don wants to set up a meeting between himself or Norm Peters with the advisory board to discuss what part of the project that the CRA is 1161 C 3';~ willing to finance and to start moving forward. Tammy is to call and set up a meeting with Chuck Gunther and Mr. Schnieder. Tammy is also to contact Mr. Schnieder about contacting the property owners and getting signatures for the project 1. The grant from the CDBG fund program has expired for this project and should be re-applied for. There are several issues still needing to be resolved with water mains and sewers that are pending completion of the county buildings. c. StorTnwater i. Gateway Triangle Storrnwaler Masterplan: Tammy is to contact Jerry Kurtz from the county to see if he will report on this at the March meeting. ii. Haldeman Creek Dredging: Margaret Bishop spoke about the time line of the dredging project, from start to presently waiting on March 2, 2005. At that time the EIS is to go before the Environmental Advisory Council (EAC) for approval, she is to contact the advisory board about the outcome of that meeting. Aj, present no permits have been issued, but the funds have been allocated for the project No start dale is available at this time. 1. Ms. King wanted to know who is to be accountable for this project coming to completion. Ms. Bishop stated that it is her project and she was the one in charge of making sure that it gets completed. 2. Mr. Gunther inquired as to who would be responsible for maintenance after completion of the project. Ms. Bishop stated that this is a one-time project and the construction was good for 5 years. After this project is completed they will look to the MSTU for funding. Ms. King staled that she had the documentation that stated that the county was responsible for the maintenance of Hardeman Creek. 7. Old Business a. Comorehensive Zonina Overlav PIan-BiII Neal stated that HDR is waiting for the Advisory Board to schedule a public meeting for the overlay plan. Mr. McCabe stated that he would rather wait until a new Director was in place. Ms. King staled that she would hesitate to agree because it would just hold up the overlay. Ms. Beatty noted that Mr. Aaron Blair had made changes to the plan after he had spoken with some of the artists in the area. Ms. King staled that that was why she fell it was important for the meeting to go forward. Mr. McCabe made a motion to defer the scheduling of the public meeting until after the advisory board's March meeting. Ms. King amended the motion to defer the public meeting until the end of March. 2"" by Mike Valentine. Motion passed unanimously. i. Phil McCabe made the motion to recommend that the CRA pay invoice M83846 from HDR for $25,069.86, which includes the amount from the previous invoice for $12,440.84. 2"" by Mike Valentine. Motion passed 7-2 b. Site Imorovernent & Imoact Fee Assistance Grant- i. Motion was made by Chuck Gunther to recommend to that the CRA pass an extension for the grant between Milzie Sheehan and the CRA, due to hurricane delays in construction and difficulty getting supplies. The motion is to include any further grants within that cycle that request an extension dtle to hurricane. 2"" by Ron Fowle, motion passed unanimously. ii. New grant applications will be looked at next month, after primary review from Ms. King or Mr. Gunther, and the budget issues are resolved. c. Bavshore MSTU - Mr. Neal stated that the MSTU is asking for a continuance so that meetings can take place to see if the change is still wanted by the owners on Bayshore. d. Suaden Park Entrance - Phil McCabe informed the advisory board that the engineers need to design the set back and it will require a small amendment to the STP. The advisory board is stiD wailing for design and cost, sighting that they want to get this moving forward so that we don't lose the agreements in place to help cover the costs. 1161C3 ~ e. ExilCUtM1 Director - Ms. King stated that there were some good resumes and that she will start making appointments for intervieWS within the next week or two. f. Budaet Mr. Mears disCussed the way the current fund 187 works, and that it isn't the correct fund to be in, but there are ways to make it run smother. He stated that he told the finance department to set up a budget of $200,000.00 to keep the CRA operational. Mr. Mears and Tammy are working with Kelly Jones in Finance; she is going to show Tammy how to get reports that we need. Ms. King asked if payment has been made to Coastal Staffing. Mr. Mears discussed past problems and what is being done to correct it, Tammy stated that the Executive Summary for the CRA is recommending that the CRA ratify the contract and disperse the funds needed to pay the fees. 8. New Business- a. CRA Reconstruction: Mr. Neal has spoken with Commissioner Fiala about the structure of the CRA and thai is has not been set up as it should be. There should be no advisorY board. but a CRA that answers directly to the Board of County Commissioners. Mr. Neal and Mr. Mears are working as a sub-COlTlmittee to pursue this issue and bring it before the Board of County Commissioners. Mr. Mears has spoken to Marilyn larson, Committee Chair for the FRA Board. who has stated that there is no obstruction to the Board of County Commissioners (BCC) setting up an independent CRA Board. The BCC has indicated that they would agree to this. Mr. Mears has suggested that an individual on the sub-GOmmiltee meet with Patrick White to see what needs to be done. Mr. Neal indicated that he has spoken with Mr. White and he would be happy to discuss this issue. b. Mr. Mears would like to address issues with Abaca at a future meeting to see if there is anything that can be done to get the owners to move forward on getting the property done the way that the CRA wants, perhapS with a financial packet of sorts. Mr. McCabe stated that his understanding of the situation isn't one for lack of funds. Conversation turned to Eminent Domain. Mr. Neal stated that until the overlay plan was complete and the advisory board could show the owners of the property what the advisory board is wanting one way or another, thatlhere was no need to discuss it right now. 9. Citizen~ts- a. Doug Workman had questionS for Ms. Bishop about the drainage ditch that runs north and drains into Haldeman Creek. He wanted to know if there were any plans to clean it up. Ms. King slated that the county has said that the cleanup was done. Mr. Workman stated that the area looks terrible from the holding pond by the West side of the lake to the drainage ditch . 10. Adioumment - As there was no further business to discuss, the meeting was adjourned at 8:27 The next meeting win be Tuesday, Mardi 1 , 2005 at 6:00P.M. THE BAYSHORE/GATEWAY TRIANGLE REDEVELo1P!EQ lRC 3 COMMUNITY REDEVELOPMENT AGENCY .... ~ /J 2408 LINWOOD AVE SunE 1l NAPLE.S, FL 34-112 PHONE. 239.643.1115 FAX 239.175.4456 BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday March 1, 2005,6:00 p.m. The Bayshore/GateWlly Triangle Redevelopment Area Office 2408 Linwood Ave. Suite 7, Unit 11 - Conference Room AGenda 1. RollCall a. Acceptance of Absences 2. Adoption of Agenda 3. Minutes from February 1, 2005 Meeting 4. Announcements & Correspondence 5. Financial Report 6. Collier County Department Items a. Code Enforcement b. Transportation i. Davis Boulevard Street Lighting ii. Traffic Calming c. Stormwater i. Gateway Triangle Stormwater Masterplan 1. Jerry Kurtz ii. Haldeman Creek Dredging ProjeCts 7. Old Business a. Comprehensive Zoning OVeriay Plan (HDR) i. Bayshore Overlay 1. Discuss town meeting April 6 or 7th ii. Gateway Triangle Overlay 1. Discuss meeting with Joe Ehardt and Tom Atkins on March 14th or 15th b. Site Improvement & Impact Fee Assistance Grants i. Grant Approval c. Bayshore MYSU d. Sugden Park entrance e. executiVe Director f. Office Assistant Extend Contract 8. New Business 9. Citizen Comments 10. Adjournment Note: All ~ are publ'ocIy noticed in the Harmon TUlMf ~ (Administration Building). Please can the Bayshorelfriangle office at (239) 643-111 S if you have any q_ aboulthe -.,g. If you are a per.;on with a ~ who needs any accommod-" in order to participaIe in this proceeding. you are enIiIIed, at no cost to you, to the provision of certain -..ce. Please contact the Collier County Facilities Management Oepartment_ at 3301 East Tamiami Trai. Naples. Florida. 34112. (239) 774-83&): assisted listening devices lor the hearing impaired are available in the County ComrniSSiOneIS' Olfi<:e. TH E BAYS HO RE/G ATEWAY Tal ANGLE REDEVELO lE6r LaC 3 COMMUNITY REDEVELOPMENT J'o.GENCY 91' .,'1 'J,f,) 1493 1.1 "iWOOO AVE SUl1:E 11 'NAPl.ES, Fl. 54112 PHONE 23'_643.ItU FAX 239.'775.44;6 BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD MINUTES OF THE MARCH 1, 2005 MEETING The meeting of the BayshorelGaleway Triangle Local Redevelopment Advisory Board was called to order at 6:00 p.m. at the Bayshore/Galeway Triangle Redevelopment Area Office, Conference Room. 1. Roll Call-Present: Advisory Board Members: Karen Beatty, Ronald Fowle, Rod Gamer, Chuck Gunther. Sharon King. Phil McCabe, William Mears, Bill Neal and Michael Valentine CRA Staff Present: None Elected Officials Present: Commissioner Rala Collier County Staff Present: Palricl< White, Assistant County Attorney; E. Yabceta, Code Enfol'Cement; John Olney, Code Enforcement; Jerry Kurtz, Stormwater Public Guest: Kenneth King, John Pallis, Barb Garner, Theresa Anderson, Doug Workman, Clark RIlssel! and Ron Williamson 2. Adoooon of Aoenda: Agenda as presented Adopted 9-0 3. Minutes from Februarv 1. 200S Meetinas: Minutes approved without changes. 4. Announcements & Corresoondence: Tammy will be out of the office for 2 weeks. S. Financial Reoort: No Report 6. Comer Countv Deoartrnent Ilems: a. Code Enforcement: i. John Olney corrected an answerthat was previously given; zoning does monitor commercial landscape sites, complaints only, due to manpower. ii. Zoning can also start ticketing parked cars. ili. Eddie Yabceta spoke about Abaco Bay, the contractor welcomes anyone wishing to. to come out and tour the place. They have all oftheir permits and are trying to comply. They are in the process of gelling a site improvement plan to go from apartments to condos. It win be up to the commissioners for a final decision. Prices are going up but are stin considered affordable housing. 1 . Theresa Anderson spoke of a letter she had received and had questions on exits and was told to contact the fire department. b. Transportation i. Davis Boulevard street Ughling: Sharon stated that the only section that is dark is form Commercial to Airport it is such a smaH section, it seems Hke the cost is high for such a small area. We need to review this with Traffic as we are following their recommendations and costs. Ii. Traffic Calming Projects: Chucl< Gunther said that we need a neighborhood committee to push this through with CRA backing and support. There may be conflie! with board members benefiting from this; Don Schneider will address this at next months meeting. c. Storrnwate, i. Gateway Triangle Storrnwater Masterplan: Jerry Kurtz from the county address the advisory board and said that he has been watching this for about 12 years. There had beer. a plar. in plaCe, the property had been purch".-Sed and then they found that the system would not work. They have purchased 2 additionai properties and .16 J C 3 . {tl' :lJf" 'f'" HDR is worKing with the county on a new plan design system utilizing the 3 properties. It is $165,000.00 design project that was started in January Overthe next few months they hope to have the preliminary plans and go to permitting around June. They are wanting to have complete plans and permits in place by September of this year. They are hoping to begin construction in the beginning of the r.ext calendar year with a total cost from $600,000.00 to 1 million dollars. 1 . There is an issue with the designers wanting to tie this in with the beautification plan. They initially put them off because they are striclly drainage and lacked the funding. The county is now rethinking this because the backbone of the beautification plan is in this area and they will be using curbs and gutters, which gets into drainage. There is a need to integrate the two right from the beginning, so there may be a need to amend the contract to include roadway and streetscape designs. The county feelS that they can fund the design, but when the construction begins willlool< to the CRA for support. a. Some diSCUssion followed for different options for funding. D. Sharon King asked about pathways, bike paths by the holding ponds. Mr. Kurtz said that they could add pathways around the ponds. ii. Haldeman Creek Dredging: Mr. Kurtz stated that there are several meetings going on at present to get this project moving forward. Bill Neal stated that there is a meeting March 2. with the EAC to approve the EIS. Bill Neal also stated that he is being told that the dredging should start in the fall. 7. OldBusiness a. Cornorehensive Zonioo Ovellav Plan-Bin Neal informed that there was a copy of the new ove!lay for the workshop on March 16. community meetings are scheduled for the first Monday and Tuesday of April. Tammy Williams is to contact Jim Mudd for electronic Slqns. b. Site ~ernent & Imeact Fee Assistance Grant- Sharon King stated that at the Feb, 8'" and ace meeting Tammy Williams submitted her application for approval. Sharon's grant was pulled on the pf' and pulled again on the 22""'> due to Ethical questions. She has asked the commissioners to back her as she has 4 properties that she pays taxes on. She was rejected because she is in the CRAAB, the county attorneys have stated that there is an Ethical conflict. i. Commissioner Fiala stated that she told the BeC that this was wrong, that anyone else in the area could get the grant unless you give of yourself and serve. She could get no one else on the board to back her on this. it Patrick White apologized to Ms. King and Me Fowle for not seeing this as an issue. He stated that he has read statutes 3 times since and understands what they are dealing with. This is a status conflict because they are on the a<tviSOfy board and it is viewed as doing business with ones own agency. Mr. White also stated that because it is a status confiict it might be distinguishable to get a waiver. I also counsel that before taking this to the board that the board members individually address the CRA Board members to find out what their position might be to a waiver on these status conflicts. iii. Ron Fowle asked that Sharon King withdraw her resignation for 30 days. Sharon's reply is that they have already withdrawn her application 2 times and that her roof rolled up during the hurricanes, and if the application isn't acted on with the original dates it will become retroactive. The application was turned in after the hurricanes. and voted on after delays with the CRAAB and approved in December. Aaron Blair told Sharon King that once it was approved by the CRAAB to go ahead and start tile work. If tote grant is not approved and the pror..ess has to be resubmitted and start the process all over the work will have been done and the grant won't be paid. iv. Bill Mears stated that the only action is to get a waiver from the CRA Boani and advise to discuss informally to see if it will go anywhere. Sharon King stated that she gave them all a letter and she doesn't believe that Commissioners Coyle and ,161 C 3 Henning will vote with the CRAAB. v. Mr. Clark Russell stated that he fell as an advisory board you have to be above any scrutiny and that he thought a workshop with the advisol)' board, the eRA and the BCC would beneficial to work this out. vi. It was also discussed that this was not disclosed at the time that Sharon joined the advisory board, but it was also discussed that everyone is stijlleaming with this process. Mr. Neal stated that if there have been errors the people should not be penalized. More discussion on this issue followed with no motions made on how to proceed. c. Bavshore MSTU - There are reports of people cutting down the hedges and shrubs that the MSTU planted on Bayshore. Bob Peterson has gotten a response that they cannot do this without repercussions, they can only trim to MSTU specs a. The name change is still being pushed and needs to be back on the agenda. d. Suaden Park Entrance - No Report e. E.xeculive Director - Sharon stated that there have been telephone inteNiews with 4 or 5 applicants and the subcommittee has narrowed it down to Laura Morgan and David JaciIson. The subcommittee would tii<.e to schedule interviews with the two ASAP. Sharon also stated that in her opinion Mr. Jackson is very qualified and familiar with the CRA. Ms. Morgan is also very qualified, but more experience with development than eRA. Mr. Jackson requires about $10,000.00 less in salary and is able to relocate sooner. She would recommend interviewing Mr. Jackson first and if he meets all requirements and qualifications, by pass the expense of another inte<view and hire him. a. Karen Beatty suggests that the interview take place soon and have him here forthe HDR meeting. 1:>. Sharon King asks that someone else on the board take over as chair for the interviewing, making sure that it is scheduled and noticed in compliance. c. Patrick White asks if they intend to have a meeting prior to going before the CRA entering into a contract, so that there is a recommendation for the eRA Board to take action. i. Mr. Neal answered that we will make a motion alter meeting him and then have a meeting to recommend. ii. Chuck Gunther made the motion to accept Ms. King's proposal to interview David JaciIson and if he meets ail requirements that we do no mare inteNiewing. m. Karen Beatty will take over as Chair. 8. New Business- a. Mr. Neal would like a motion to extend the contract for the office assistant. Sharon King made a motion of make Tammy Williams a full time employee and remove temporary status. Karen Beatty 2"". i. Patrick White: There was difficulty with purchasing policy for this employee, please follow procedural steps between the CRA and tlHl county, IT'.aking sure that all county rules for hiring would be followed. Make sure that you make a full recommendation to the CRA to make this happen ii. 8i1l Neal: Patrick, you have discussed this with Ms. Wimams and it was decided to extend the agreement for a few weeks and in the mean time have a motion to hire on a permanent basis. iii. Pltuick White: In respect to working ....tith the new director and vice versa, the extension would put you on the other side of that. iv. Sharon King made the motion to extend Tammy Williams' contract 10 weeks and get information to the county and talk later aoout making it permanent 2"" by Chuck Gunther, motion passed. 9. Citizen Comments - Theresa A'lderson stated that she had received a letter from John Wood on the Abaca Bay Condominiums. There were some issues noted on the contract that stated that the 16(; 3 ., " units are rentals and if not rented to individuals the owners wiU have to rent from themselves. There was some discussion that this was not in compliance with the county affordable housing. 10. Adiournment - As there was IlO further business to discuSS, the meeting was adjourned, The moo meeting will be Tuesday, April 12, 2005 at 6:OOP,M, '. C 3 THE BAY S H 0 R E / GAT E WAY T R I A N G L ERE D E v;E16 EL T COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643.1115 PAX 239.775.4456 BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Wednesday March 16, 2005, 4:00 p.m. The Bayshore/Gateway Triangle Redevelopment Area Office 2408 Linwood Ave. Suite 7, Unit 11 - Conference Room Aaenda 1. Roll Call 2. Adoption of Agenda 3. Gateway Triangle Draft Overlay 4. Citizen Comments 5. Adjournment Note: All meetings are publicly noticed in the Harmon Turner Building (Administration Building). Please call Aaron Blair, Executive Director, al (239) 643--1115 iI you have any queslions aboullhe 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 contad the CoUler 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. THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMEl QRJ,C 3 COMMUNITY REDEVELOPMENT l1.GENCY :t' 249$ LIS'C"OOD .\VE $l:ITE 11 SAVLEs, FL 34112 PHONE Z3....643.111; FAX 23'.71;44;6 BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD MINUTes OF THE March 16, 2005 MEETING The workshop of the BayshorelGateway Triangle local Redevelopment Advisory Board was called to order at 4:05 p.m. at the BayshorelGateway Triangle Redevelopment Area Office, Conference Room. 1. Roll Call-Present: Advisory Board Members: Chuck Gunther, Ronald Fowle, Bill Neal, Karen Beatty. William MealS. and Rod Garner i. Mr. Valentine and Mr. McCabe were not present CRA Staff Present: David Jackson and Tammy Williams Guest SoeakelS: Joe Ehardt and Tom Atkins from HDR Engineering Public Guests: Timothy England and Barb Gamel 2. AdoPtion of Aaenda: Agenda Adopted 3. Gatewav TrianQle OveI1ay: Mr. Nealtumed the meeting overlo HDR Engineering. A brief presentation was presented ouliining the Gateway Triangle Ovet1ay Dlaft. Slides were presented showing sample drawings of landscaping, storefronts. residential structures. roadways and additional drawings showing the proposed overlay plans. Mr. Ehardt stated that they followed the Growth Management plan parameters for the planning of the overlay. The Growth Management Plan states that no buildings can be over 4 stories in the area. Mr. Ehardt stated that if the CRA wanted to increase those heights the CRA would need to apply for a Land Use amendment. HDR will go frnwaro with planning using the rules that apply now, but they wiD write a position paper stating that the CRA Board reserves the rlghl to amend the comprehensive plan to allow 5 or 6 story buildings along the Commercial Mixed Use Corridor. It was slated that the new Growth Management plan would only allow C1, C2 3r-.d C3 commercial uses in the Baystlore/Gateway Triangle area. Mr. Gamer asked if a business that is C4 or C5 sells can it the property retain that use. It is believe that as long as the property use is not changing it can remain a C4 or C5. In the event of structural damage of over 50% it is believed that a business will have to conform to the new zoning. In the event of a hurricane there may be some sort of provision for natural disaster for retaining the old zoning, but there win need to be some follow up to make sure. 4. Citizen Comments - Mr. TImothy England asked some general zoning questions for the overlay plan, to which Mr. Ehardt answered. 5. Adjournment - The workShop was adjourned at 5:05 pm. ..a- lii! ~' I"}~ *.' TH;, B"'Vql<)RF,!G,,-rf..~,n T R!AN', Lf. Rf.Df.VE!..'~PM iT~R.tC .3 C,OMMUNITY g EDEVELOPMENT i....GEN'r!-..r ~:';, .-,4 , ~.Hi~ L~~1t~;;;(.'!} AVf: lHHf U. 'S~f"U:-i< FtPH~ PH>:)ST ;!'!'I.tP-".LUH f~x l~"077j._44.1>4 BAYSHOREiGATEWAY TR1ANGLE LOCAl. REDEVELOPMENT ADVISORY BOARD CQMMUNfTYWORKSHOP WITH HDR EHGINEERJNG Monday, April 4, 2llO& at 6:00 p.m. The TtH of Ul8 cnun:tl 2132 B ShadowIawn DrIve, Naples, FL Aoenda Imroduo.-"rion by David Jackson. eRA Executive Director Z HDR Pov,etl'-Qint Show 35-45 Minutes a Stornrwatef Design and Study Ovep,'i~" b Results of QuestionIlllire from meeting in June c Gateway Triangle Overlay Recommendations I Map shovo-ing Overlay Sub-districts 11 Diagrams sho,ving Design Standards .3 Questions 4 Adjournment eRA !IIFO: CRA ~ !I1."""w _ __,'"TUI!Sday mead>....... al5:lIIl1"l' al2_~ _1. _" {S<<mod TUl!SdayIllis __lDC<lOmn1UIlIIy ~. t:Nm _- ~ DinItlGr. pI10ne _,11$, e-mail: T_WlIf . OIlice~pIJone_1115,- eRA ~-"'-- - '}r;'!";;i'..o::A.hefi:r$.~';fiTI 0IIice ~ --,- Friday 8:30 AM _ 5:il8 PM. >>_ M~-~- ..""'Hsfm<1<> T_~(A<l<r..,,*sIloo ~l _caltl>ellaymo<e'Cl>tew!I"f _.*,i~~-j"Sjfll""__~_I!w~ If"", ...,..__.._."""__ """"'..,_... !n...-to~!n-P'~ "",areen!iled. at 00 1:"(~~fl:4iJi-.'-w"~<<~.'l!11.n..!J.~. .~~~~C;~<<vF~~D-..- ~klcateda t:4iA~t7~t;I:~~\~1W::~t~;~,~11~i..~~.~~~~~~~~~~"~' f . A...!I!\ THE BAYSHORE/GATEWAY TRIANGLE REDEVELoplr6r ~€ 3 OMMUNITY EDEVELOPMENT GENCY . :1 2488 LINWOOD t\VE SUITE 11 NAPLES, FL 34112 PHONE 23'.641.llli FA.x 23..77;....56 BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD COMMUNITY WORKSHOP WITH HOR ENGINEERING Monday, April 5, 2005 at 6:00 p.m. The Tree of Ute Church 2132 B Shadowlawn Drive, Naples, FL Aoenda I. Introduction by David Jackson, CRA Executive Director 2. HDR PowerPoint Show 35-45 Minutes a. Results of Questionnaire from meeting in June b. Bayshore Draft Final Overlay I. Map of Expanded Overlay Coverage 11. What has changed L A new Sub-district as created. ..Residential Art Village Sub-district R! A V it is located on the east side of Bay shore off Kelly Plaza and Lunar Street It has similar design standards as the current Residential Neighborhood Commercial Sub-district which allows home occupations. 2. New design section for ~streetwall" which is used to screen parking lots facing Bayshore and related to design of building facades. 3. An Architecture Design Theme section was created to reflect the "Old Florida" theme. 4. Revised standards for location of garages. 3. Questions 4. Adjournment I CRA INFO: CRA-Advisory IloonI meets _ 1. Tuesday of eadt month, at &:00 pm at 2_ Unwood, Suite 7, unit 11 (Second Tuesday of _monIhdueloCommunilym r .;;sl. David JacI<son, Executive _or: phone 1143-1115.........: T_ -. 0Ilk:e -.-, phone 1143-1115, e-moiI: I =- w;;::: Monday - Frid;&y ~:30 AM un1i15:OO PM. ___~ Note: Aft meetings are pulJIicIy noticed in the Harmon Turner Building (Admin_ Building). Please caH lhe Bayshore/Galeway olIice. at (239) 643-1115 ~ you have any ~ions aboulthe meeting If you are a person with a disability who needs any accommodation in"- to participate in this proceeding. you are entille<1. at no cost to you. 10 the provision at certain assistanee. Please contact the Collier County Faciilies Management Deparlmenllocaled at 3301 East Tamiami Trail. Naples. Florida. 34112. (239) 774-8380: _ed Iislening devices fof the hearing impaired are available in the County Commissione<s' Office. THE BAYSHORE!GATE'lrAY TRIANGl-E REDEvElpf>JTC 3 COMMUNITY REDEVELOPMENT pi-GENey ;.;. 240l! L!o,;'lI'I'oon.\.vP- SLITE. li ?'oi....Pl.ES. fL :J4tt2 PHO",E 23<L643.11lS FAX 23'.7j!>A4.ilS- BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday April 12, 2005, 6:00 p.m. The BaysitorelGateway Triangle Redevelopment Area OffiCe 2408 Unwood Ave. Suite 7, Unit 11 - Conference Room Aaenda 1. RoIICa" a. Acceptance of Absences 2 Adoption of Agenda 3. Minutes from February 21, March 1, March 7 and March 16, 2005 Meetings 4. Prasenta"Jcns {Communications} a. Code Enforcement Update b. Traffic Calming- LinwOod: Don Schneider Ii L'lr. ,..",of.ht. C . J".......~ ,/ l C ;;>oIe {I '- -- . . S. Directors Report ' a. Comprehensive Zoning Overlay Plans - Update b. Proposed FY 2006 Budget c. Proposed Annual Work Program FY 2006 d. Proposed SUb--Commiltee creation, purpose and objectives. 6, Old Business a. Office Assistant b M. Sheehan: 1996 Shadowtawn - Work ApproVal Dispute 7. New Business 8. Site Improvement Grant Review for Recommendation L M. Sheehan: 2816 Francis - Approval iL Kendn. Inc.: 2764 Franics - Approval iiL D. Sheehan: 259 Manorca - Approval iv. Palumbo: 2430 Shadowlawn - Approval Y. England: 3176 CoIIee - Approval vi. Oakley: 8080 BayshOre - Request Retro Reimburse b. Signage Request: Citgo: BayshOre c. Impact Fee ,l\sSistance Grant Reviewfof Recommendation: Citgo Car Wash D.O. d CRA-AB appointment recommendation to CRl\. Board 8. Citizen Comments .. JpJo.'c......'..., l'.....;i ff~ .r 9. Adjournment Note: All meetings...-e publicly noticed in the Ham>oo Turner Building (Adminislration Bullding} Please caK the SayshOrefTnangle off.ce at (239) 543-111 S if yo:.; ha\.'e any q!...oestionS about the meeting. tfyou are a person wilt! a disability 'Nho needs any dCCO:itP~lodation in order to parttcipate in this proceeding, you are entitled, at no cost to you. tc the proVision of certai.., asSstar;c:e. ?tease coo;tact the comer COunty Facilities Ma.~t Department ioc3ted st: 3301 East T amiami Trail. Naples. F_ 34112. (239) 774-8380: assisted Iistenlng deviceS for lhe hearing impa~ed are av_ in the County ~.ltl~aer$' -office. '\ 16 It 3 I. T II E BAY S. I! () R E / G AT E~' A Y T H I A N G L ERE D EVE LOP MEN TA OMMUNITI' EDEVELOPMENT GENCI' 24fHS Ll''ot"OOI) A\'I:' Sl'I'!"lO II '.~['Ll-S, I'L J41tl PI:{).'E 239.h4.Llll.i F....:-,. 2FJ 77i.4....:;' SA YSHORElGATEWAY TRIANGLE COMMUNITY REDEVELOPMENT ADVISORY BOARD MINUTES OF THE APRIL 12, 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: Karen Beatty. Ronald Fowle. Rod Garner. Chuck Gunther, Phil McCabe, William Mears. Bill Neal and Michael Valentine. One Vacancy CRA Staff Present: David Jackson. Executive Director; Tammy Williams, Office Staff Collier Countv Staff Present: Don Schneider, Transportation; E. Ybaceta. Code Enforcement; Public Guest: Clark Russell. Jeremy English. Mitzie Sheehan. Dwight Oakley 2. Adoption of Aoenda: Agenda with additions Adopted 8-0 3. Minutes from February 21. March 1. March 7 and March 16. 2005 Meetinos: Minutes approved as presented. 4. Presentations (Communications): a. Code Enforcement: Mr. Eddie Ybaceta reported that his main focus is on Karen Dr. and Holly Ave. His is trying to get the neighborhoods up to code. He is also maintaining and patrolling the rest of the area. b. Traffic Calming: Mr. Don Schneider from Transportation handed out materials on Traff,c Calming Procedures and The Pace Car program. He informed the CRA-AS to put together a neighborhood team to come up with a design, and to gather signatures of 51% of the area residents for the program. It was decided that Mr. Schneider, Me. Jackson and Mr. Gunther will work together to come up with a plan to get the program moving forward. The CRA-AB will support the Pace Car Program and help get it to the community. c. SoNa: Clark Russell presented his plans for turning the Thalheimer Building into an upscale lounge. Mr. Clark stated that he has a team WOrking on plans to address the stormwater issue for the property. Jeremy English, with Johnson Engineering. gave examples of some solutions that they are looking at. Mr. Clark also discussed the inability to meet some of the parking and landscaping requirements. but he fe~ that he had reasons that should allow them a variance on the requirements. 5. Director's Report: a. Comprehensive Zoning Ovenay Plans-Update: Mr. Jackson spoke on the community meetings success. b. Proposed FY 2006 Budget '- Phil McCabe made a motion to recommend to pay HDR $7.218.25 for work completed. 2"0 by Mike Valentine, Motion passed 8-0 ii. Mike Valentine made a motion to recommend approval of amendment of 3% CPI and professional selV;ces billets for HDR. 2"0 by Ron Fowle. Motion passed 8-0 iii. Motion was made by Phil McCabe to authorize the Chairman to monitor the Directors FY -2006 Budget development and to authorize the Director to liaison with appropriate governmental agencies, as needed, to build an annual FY-2006 Budget and 5-year Capital Improvement Plan. 2"" by Mike Valentine. Motion passed 8-0 c. Proposed Annual Work Program: The Advisory Board will to meet to create a FY-05i06 POA&M for the CRA that achieves the objectives of the eRA Master Redevelopment Plan. d. Proposed Sub-Committee creation, purpose and objectives: i. Bill Mears made the motion to designate two CRA-AB members to liaison (individually) with CRA Staff and neighborhood activists in the Bayshore & Gateway sectors to devise clean-up. fix-up and green-up residential areas. 2"" by Mike Valentine. motion passed 8-0. Chuck Gunther and Karen Beatty are the designated liaisons. ii. Motion was made by Bill Mears for CRA-AB to approve CRA Staff to advertise for and sc.'1edule a working group to address the issues that surround the Artist Village : 161f creative district, and adequately compile the rechmmendations for kn~amng '''il with HDR. Inc. and County Planning/Zoning. CRA-AB will assign one AB member to be a part of the process and report back to the CRA-AB with progress and results. Karen Beatty will be the liaison for this group. 2"r. Mike Valentine, motion passed 8-0. :n. Motion was made by Ron Fowle to approve CRA slaff to advertise (fund) and continue with all aspects of coordinating an informational meeting with the publiC on the progress of the Haldeman Creek Dredging project CRA-AB will assign one interested AB Member to be a part of the process and report back to the CRA-AB with progress and results. 2"" by Karen Beatty. motion passed 8-0. Karen Beatty will be liaison forthis project. 6. Old Business: a. Office Assistant: The extension of the agreement for temporary services for Tammy Williams to continue staffing the office while the CRA-AB reviews office staffing needs is going before the CRA Board today and should be passed. b. M. Sheehan: 1996 Shadowiawn-Work Approval Dispule: Mitzie Sheehan presented her dispute with the grant application that is on file. Mr. Bill Neai stated that the AB would do what Ihey could to help her get her funds. Mr. Jackson is 10 try 10 get in conlact with Mr. Aaron Blair. past Director. 10 see if he can get something in writing to back up Ms. Sheehan's claim. 7. New Business: a. Site Improvemenl Granl Review for Recommendation '- A motion was made to put a hold-moratonum on the Site Grant Program (including agenda items 7.a. i. thru 7.a.v.) until a thorough review and re-write of the entire program can be accomplished by Ihe Staff. concurred with by legal counsel, approved by Ihe CRA-AB and forwarded to the CRA for recommended codification into a revised ordinance. Mike Valentine made motion. 2"" by Bill Mears. motion passed 8--0. ii. Mr. Dwight OakJey presented his wish for a retro payment for work done on his house prior to being approved; The CRA-AB rejected the application. in orderto conform with past practice with Ihis issue. b. Signage Request: Citgo: Bayshore: Motion was made to amend the Overlay plan to conform to County Code in relation to the use of Monument Sign age to allow for gas pnces to be displayed. Bill Mears made motion, 2"" by Ron Fowle, Motion passed 8-0. c. Impact Fee Assistance Grant Review for Recommendation: Cltgo Car Wash: Motion was made by Mike valentine to reject the Impact Grant appiication for recommendation due to lack of funding for Impact Fee Assistance. 2nd by Bili Mears. motion passed 7-0. Ron Fowle abstained from voling stating "competitive reasons". i. Molion was made by Bill Mears with a 2nd by Mike Valentine to add the Impact Fee Assistance Program to the moratorium with the Site Improvement Grants. Motion passed 8-0. d. CRA-AB appointment recommendation to CRA Board: A packet was handed out to the CRA-AB for them to review and to make their recommendations for CRA-AB seats that need to be filled. 8. Citizen Comments: Unknown Letter: The Director addressed the eRA-AS members to see if one of them sent a letter on CRA letterhead 10 residents on Lakeview addressing rock landscaping. None of the CRA-AS has senl a letter to any residents on Lakeview. a. Molion was made by Mike Valentine. for the CRA Staff 10 deliver the letterto the County Attorney's office to see if there is any legal recourse for the CRA-AB to pursue. 2"" by Bill Mears. motion passed 8-0. 9. Adioumment: The meeting was adjourned at 8:00 p.m. The next meeting will be Tuesday May 3. 2005 at 6:00. T II b BAY SilO R E / GAT . 161C3 EWAY TRIANGLE REDEVELOPMENT ARE.''!. 'l.\~ COMMUNITY REDEVELOPMENT !\GENCY 2408 LI"WOOD :\'I.'I-: SI.ITF II "'^PLE$. lOt. 34112 }lito...." 2_~fJ.1i43 III:) F~", 23<l.77_:i.44;" BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD COMMUNITY WORKSHOP WITH HDR ENGINEERING Monday, May 2, 2005 at 6:00 p.m. The Tree of Life Church 2132 B Shadowlawn Drive, Naples, FL. Aaenda i. Welcome and introduction by David Jackson. CRA Executive Director 2. Margaret Bishop, TransportationlStormwater Management, Project Manager. Update on the Haldeman Creek Dredging Project 3. Questions 4. Adjournment ._..__.._--_._._---_..__._._._._._-_._..~ i CRA INfO: eRA-Advisory Board meets the 1'" Tuesday of each month, at 6:00 pm at 2408 Linwood, Suite 7. Unit 11 David Jackson, Executive Director: phone 643-1115. e-mail: llil.\{I!J4a(;_~~91l@J;:gmtjLW~\:.U~~t Tarrmy Williams. Office Manager: phone 643-1115. e-mail: T!'lm!I\yyy!1F<!!Y~~@cq!J!!:_~gO\'-"e_t I CRA Website: www.cQIHerCrd corn OffiC:_Hours: Monday - Frida~_ 8:30 ~M until 5:00 PM,_ _~___,,______.___________ , , i i .! Note: AU meetings are publicly noticed in the Harmon Turner Building (Administration Building). Please call the Bayshore/Gateway 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 Colher County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida. 34112, (239) 774-8360: assisted listening devices for the hearing impaired are available in the County Commissioners' Office 16 Ie 3- THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA COMMUNITY REDEVELOPMENT AGENCY /'J 2408 LINWOOD AVE SUITE II NAPI.ES, 171. 34112 PHONE 239.643.1113 FAX 239.775.4456 BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday May 3, 2005, 6:00 p.m. The Bayshore/Gateway Triangle Redevelopment Area Office 2408 Linwood Ave. Suite 7, Unit 11 -Conference Room Aaenda 1. RollCall a. Acceptance of Absences i. Karen Beatty 2. Adoption of Agenda 3. Minutes from April 4/Aplil 5 Public Workshops, April 12 CRA-AB Meeting. and April 26 Goals Workshop. 4. Directors Report a. CRA/BCC Inter-Local Agreement: Patrick White b. Update Bayshore CITGO Signage c. Update Sheehan Site Grant Dispute d. Update Bayshore Letter Unknown Author e. Update Haldeman Creek Dredging f. Cirrus Pointe Discussion 5. Old Business a. CRA-AB Appointment Recommendations to CRA Board b. Review of Site Development Grant Program Rewrite c. Site Improvement Grants d. Gateway/Bayshore Proposal Overlay Workshop e. Sugden Park Boardwalk Update: Phil McCabe 6. New Business a. Approval of Annual Work Program FY 2006 b. Approval of FY 2006 Budget Proposal c. CRA/CRA-AB Workshop May 11 7. Citizen Comments 8. Adjournment Note: All meetings are publicly noticed in the Harmon Turner Building (Administration Building). Please call the BayshorelTriangJe 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 entitted, 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. THE BAY S \lOR E / GAT E WAY T R I A N G L ERE D EVE LOP M IN 6 AlEC -3 COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AVE SUITE II NAPLES, fL 34112 PHONE 239.64.Ll115 FAX 239.775.4456 BA YSHORE/GA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday October 4, 2005, 6:00 p.m. Al!enda Roll Call a Acceptance of Absence 2. Adoption of Agenda 3. Adoption of Minutes 4. Executive Director Update a. Site Improvement Grant b Sugden Park Public Access c. SoNa Site Development Plan d. Visit to SFWMD (Gateway Stormwater) e CR.A. New Hire 5. Old Business 6. New Business a. Payment for Services - HDR, Inc. b. Payment for Services - Johnson Engineering 7. Citizen Comments 8. Adjournment of Regular Meeting 9. 6:30PM Commence CRA Advisory Board FY2006 Goal Workshop a. Presentation by eRA Executive Director b. Discussion/Input from Board 10. 7:30PM Workshop Adjournment Note: All meetings are publicly noticed in the Harmon Turner Building (Administration Building) Please call the Bayshore/Triangle 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. THE BAYSHORE/GATEWAY TRIANGLE RE,DEV]l-6MJft:Jf COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOO AVE SlilTE 11 NAPLES, VL 34112 PHONE 239.643.1115 F"x 239.77.;.4456 BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE OCTOBER 4, 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. Karen Beatty, Steve Main. Bill Neal. Michael Valentine. Rod Garner. William Mears. and Phil McCabe (arrived at 6:23PM). CRA Staff Present: David Jackson. Executive Director Collier Countv Staff Present: David Weigel, County Attorney, Ma~orie Student-Stirling, Assistant County Attorney. Joe Delate, Parks & Recreation. Public Guest: Michael Neat, Barb Garner, Lindy Thomas, Lindsey Thomas. Jennifer Brannock (Naples Daily News). Frank Shera. Genie Shera, FiI Mastrocola, Stephen Purcieno. Dianna Purcieno, Anthony Colondona, Valerie COlondona, Tracy Belford, and Clark Russell. 2. Adootion of Aaenda: Motion to approve Agenda with additions by Mr Main. Second: Mr. Fowle. Adopted 6-0 with changes/additions of a presentation by the County Attorney, Old Business - Planning Commission recommendation to assign a fee to density bonus units, and New Business - CRA-AB response to the Naples Daily News editorial. 3. Adootion of Minutes: Approval of August 2, 2005 minutes was tabled until the next CRA-AB meeting. 4. Presentations: a. Mr. David Weigel. County Attorney gave a length presentation on a variety of subjects and answered some of the CRA-AB's Boards questions. He explained that all of the County Services are available to the CRA_AS and they should not hesitate to ask for them. He explained that the Attomey's Office goal is to assist the CRA-AB achieve its goals. He then covered various aspects of the Florida Sunshine Law. First a meeting must have reasonable notice to the public so they may attend. Meetings can be announced with no less than 46 hours but 72 hour notice is the accepted norm. Second the meeting must be held in a public place or a place that is accessible by the public Third, minutes of the meeting must be taken. and they do not have to be recorded. But if they are recorded, a written set must be made. and they do not have to be verbatim. He covered examples of two or more Soard Members coming together to discuss items that may come before the CRA. be discussed and voted on. Communications include computer. telephone or written correspondence. Board Members may send one-way memos, but if someone responds. then there might be chance of violation. The CRA-AB may establish sub-committees of Board Members , but \tley must follow \tIe notice and public place rules. He summarized his presentation that if a Board Member has a conflict of interest on an item to be voted on, he/she may discuss the item but must recluse himself or herself from the vote but they must fill out the appropriate form. 5. Director's Reoort: a, Mr, Jackson summarized on-going CRA actiVITY and projects that are in work: i. The revised CRA Site Improvement Grant Program has been approved by the CRA Board and funded at $100,000 for FY 2006. it. The Sugden Park public access through the Botanical Place property was conceptually approved by the CRA Board with the understanding that a variance must be approved and a true-cost of the project provided to them for final project approval. 16 lei;.; Iii. The SoNa Project, now called Sway Nightclub, was reviewed by the CRA Board and forwarded to the BCC for review and deviation approval. iv. Mr. Jackson accompanied several County Staffers and the County Manager to Ft Myers to visit with South Florida Water Management Department officials to discuss two topics: 1. SoNa (Sway) Project and 2. Future solutions to the Mini-Triangle's historic stormwater issues. v. eRA New Hire is still in work. vI. The CRA Chairperson. Donna Fiala, has requested a CRA Workshop to inform the Board and both Collier Advisory Boards on CRA powers, authority and other significant projects around the state that may be of interest to this county. The date has been set for January 31. 2006. 6. Old Business: a. Mr. Gunther discussed the subject of the CRA charging users of the 388 Density Bonus Pool for each unit used. He discussed a hypothetical formula that could be used of $25.000 per unit, and if applied to all 388 units. the CRA would receive over $9 million. He stated that the CRA then could use those funds to offset costs of public streetscapes, paving of roads and stormwater projects. Roundtable discussion ensued with several Board members asking if the cost would be an impediment to redevelopment instead of an incentive. Also the idea of using a different value was discussed. The consensus of the CRA-AB was for the Executive Director to visit with the CRA Board members and see how they fell about the subject and, if possible, devise a recommended matrix for the Advisory Board to review at the next meeting. 7. New Busine~~: a. Mr. Jackson briefed the Advisory Board on the overlay progress and asked for approval of payment of $36,858.50 to HDR Inc. for services to date. Motion to approve: Mr. McCabe. Second: Mr. Fowle. Approved 9-0. b. Mr. Jackson briefed the Board on engineering services provided by Johnson Engineering for survey work at the intersection of US41 & Davis Blvd for landscape installation. and asked for approval of payment of $180.00 to Johnson Engineering. Motion to approve: Mr. McCabe. Second: Mr. Gunther. Approved 9-0. c. Mr. Neal discussed a recent Naples Daily News editorial that had other than glowing remarks about a recent CRA Board approval of deviation for parking for the SoNa (Sway) Project. He asked if the Advisory Board fell a response was warranted. After some discussion Mr. Mears made a motion to authorize Bill Neal to write a response to the Naples Daily News. Second: Mr. Valentine. Approved 9-0. 8. Citizen Comments: a. Mr. Neat ask about the progress of the Overlays. as any delay in their approval would affect builders that are hoping to comply with the new zoning regulations. Mr. Jackson explained that the overlays are still under review by the Planning Commission, and following their approval, it must go before the BCC. b. Mr. Lindsey Thomas asked about the SoNa (Sway) Project that was behind his newly acquired property, the old Bevy's Bar & Grill. Mr. Jackson gave an overview of the items that might impact him and suggested that he make contact with Mr. Clark Russell (who was in the room) and share concerns. c. Mr. McCabe followed up citizen comments with the desire to proceed at best speed to find a solution to the Gateway area stormwater problems, in order to help these two projects. 9. Adiournmenl: The regular meeting was adjourned at 7:30 pm. The next meeting will be on November 1. 2005. 10. Chairman Bill Neal called the CRA-AB Workshop meeting to order. After opening remarks he 2 asked Mr. Jackson to give the Advisory Board and the alba IRA C6f economic activrty and/or other future projects that are either in work or in the approval process. ' a. Mr. Jackson welcomed the citizens in the audience and set up several aerial maps and CRA boundary maps. He discussed the major developments occurring and some of the changes in property values that have occurred because of the economic interest in the CRA area. Private residential purchases and sales continue to be hot, as it is in the entire Collier County market. Private large-scale residential developments are being buill (Botanical Place and Naples Bay) while others are either receiving approval (Cirrus Pointe) or are in the design phase (Arboretum Village). Other significant vacant commercial acreage remains for sale and several attempts to purchase but didn1 close. Some built commercial properties have sold to new owners as part of a future redevelopment project. With the CRA sponsoring and funding a Bayshore/Shadowlawn Drive corridor study. a parking study and pursuing residential streetscapes. the real estate market activity will continue to grow. Business recruitment into the newly build commercial areas will be a challenge, but can be achieved once projects are designed. b. Mr. Jackson and the Advisory Board took questions and input from the audience members about specific streets or properties within the CRA. c. In other workshop business, the Chairman discusses the Executive Director's performance over the last 6 months. and that by contract there is a required Performance Evaluation to be completed by the Advisory Board and forwarded to the CRA Chairman for signature. Mr. Neal asked each Advisory Board member to complete the County's standard form and return it to the Executive Director in a sealed envelope. He also opened the floor to discussion conceming Mr. Jackson's contract renewal after completion of his 6-month probationary period. A round table discussion ensued about establishing a long-term contract (preferably 1-2 years), discussed a salary adjustment fo reflect Collier County's cost of living as well as an indication of his value to the CRA, and ensuring that there were miscellaneous expenses covered, such as a company cell phone. travel, training and mileage for local travel. The Advisory Board authorized the Chairman to compile the Pertormance Evaluations, renegotiate a suitable contract with Mr. Jackson and present the same to each CRA Board member for consideration at the next BCC/CRA scheduled meeting. 11. Adiournment: Being there was no other workshop business. the meeting was adjourned at 8:45. 3 1 b { 0 i3. THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AVE SUITE II SAPLFS, FL }4112 PHONE 2J9.643.1115 FAX 239.775.4456 BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday November 1, 2005, 6:00 p.m, Al!enda 1. Roll Call a. Acceptance of Absence 2. Adoption of Agenda 3. Adoption of Minutes a. September 8, 2005 CRA & CRA-AB Meeting b. October 4,2005 CRA-AB Meeting 5. Old Business a. Site Improvement Grant b. 1 ~J ~L (1./1 It,4'LtJ--.- /-Ivtyrl'{!-'VV<- '~ ' z.---- fS -7JlL iY( (j2J'r 4 Executive Director Update a. Overlays b. Sugden Park Public Access c. Corridor Study 6. New Business a. Payment For Services - HDR, Inc. b. Presentation - Art Village Development Concept- Cynthia Miller c Presentation, Arboretum Village Redevelopment Project - Peggy Grubbs d. Bonus Density Units - Discussion 7. Citizen Comments 8. Adjournment Note: All meetings are publicly noticed in the Harmon Turner Building (Administration Building). Please call the Bayshore/Triangle otlice 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. RodriguezMelanie 16 , a~ Cc: Subject: JacksonDavid Friday, December 02,20054:17 PM CoyleFred; fiala_d; mudd.J; Feder_N; scott_d; kurtz_g; ramseLm; delate.J; SchmittJoseph; weeks_d; FabacherCatherine; FabacherCatherine; murraLs; filson_s; flagg_d; RichardDarryl; RodriguezMelanie Beatty; Fowle; Garner; Gunther; Main; McCabe; Mears; Neal; Valentine Dec 6 CRA Advisory Board Agenda Agenda December 6 2005.doc From: Sent: To: Attachments: BA YSHORE/GA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Tuesday December 6, 2005, 6:00 p.m. Aeenda ?::( :\, , . , ..t..'.."' I. Roll Call a. Acceptance of Absence - Bill Neal "',.'c-",('!"l(J<; 2. Adoption of Agenda Fiala .. (;:;::/-- Halas -----. Henning__ =--re----- Coyle -v----.-- Coletta __._.V. 3. Adoption of Minutes a. August 2, 2005 CRA-AB Meeting b. October 4, 2005 CRA-AB Meeting c. Meeting Canceled - November 1, 2005 CRA-AB Meeting - No Minutes, 4. Executive Director Update a. Overlays' Review/Approval Schedule b. Sugden Park Public Access Easement c. Bayshore/Shadowlawn Corridor Study d. Gateway Storm water Study e. Correspondence - Haldeman Creek Fall Festival f. Payment For Services - HDR, Inc. 5. Old Business a. Site Improvement Grant Applications 6. New Business a. Presentation - Bayshore Arts Request for Assistance - Chellie Doepke b. Presentation - Arboretum Village Redevelopment Project - Peggy Grubbs c. Bonus Density Units Proposal - Discussion d. Land Acquisition Proposal For Art Village M Co...... isc. """. e. Manorca A venue Paving Proposal - Chuck Gunther f. Andrew Drive Streetscape/Traffic Calming Request - Chuck Gunther Date: 7. Citizen Comments ltem#: 8. Adjournment Copies to: 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 1 16'C~ . ~' ' 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. David Jackson Executive Director Bayshore/Gateway eRA 239-643-1115 www.colliercra.com ~ Agenda December 6 200S.doc (86... 2 THE BAYSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY 161C3 REDEVELOPMENT AREA 2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE: 239.643.1115 fAX 239.775.4456 BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD SUBCOMMITTEE Monday, February 21, 2005 at 5:30 p.m. The BayshorelGateway Triangle Redevelopment Area Office 2408 Linwood Ave. Suite 7, Unit 11 - Conference Room AGenda 1. Roll Call 2. Adoption of Agenda 3. Telephone interviews for Executive Director 4. Advisory Board Discussion 5. Citizen Comments 6. Adjoumrnent Note: AN meetings are publicly notioed in the Hannon Turner Building (Administration Building). Please call the BayshoreJGaleway office. at (239) 643-1115 Wyou 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 CoRier County Facilities Management Deparbnent tocated at 3301 East Tamiami Trail, Naples. Florida. 34112. (239) 774-8380: assisted listening devices for the hElIIiIorl ~ are available in the County Commissioners' Office. Date: Item#: Copies to: 161C3 ,. .:.,. THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA OMMUNITY REDEVELOPMENT AGENCY Z40g Lu,,;wool) AVE St:ITE 11 SAPLES, Ft. 3--1112 PHONE 239.643.1115 FAX 23'.775.4456 BAYSHORElGAlEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD SUBCOMMITTEE MINUTES OF THE FEBRUARY 21, 2005 MEETING The meeting of the BayshorelGateway Triangle Local Redevelopment Advisory Board was called to order at 5:30 p.m. at the BayshorelGateway Triangle Redevelopment Area Office. Conference Room. Roll Call-Present: Advisory Board Subcommittee Members: Ronald Fowle, Karen Beatty, Sharon King. Mike Valentine and Phil McCabe were out of town. Rod Gamer was also in attendance 2. Adootion of Aaenda: Agenda adopted. 3. IntelViews for Executive Director: s. Peter Atuollo: . Ron Fowle: Why are you ready to give up your current job? . Peter Atuollo: I was separated without cause January 31, 2005. The previous manager retired in August 2004, and the new manager broughl in his own team. . Ron Fowle: Are your familiar with the housing market in Naples? . Peter Atuollo: Vaguely familiar, if hired would need 4 - 6 weeks before available. . Ron Fowle: Do you have family? . Peter Attuono: I am mamed with 2 children, one graduated from college and one with 1 more yearto go. . Ron Fowle: Is your wife employed? If so will that pose a problem if you are hired for !.'lis position? . Peter Atuollo: Yes, my wife is employed. but Ihere will be no problem with her leaving her current job. . Sharon King: You mentioned experience in Pinellas ParK, aK! they war!<, with TIF's? . Peter Atuollo: (Mr. Aluollo gave examples as 10 how he had worked and raised TIF's in the area. . Sharon King: If hired what arrangements would need to be made for an interview? . Peter Atuollo: one night slay some-Nhere, could be here as earty as Fnday Of next Mon. . Sharon King: What are your salary requirements? . Peter Atuollo: Flexible within 10%. In the high 80's preferably. . Peter Atuollo: Is this a one-man show? . Reply: No there is one office staff. 1. Unknown person expresses interest in the position and is told to come into the office and get a job description and inforrnation from the office secretary. b. David Jackson: . Ron Fowle: Have you had a chance to looK at our websile? . David Jackson: Yes . Ron Fowle: Why are you considering this move from Panama? . David Jackson: i have done all that I can do in that position. A director is really only effective for 5 to 7 years. MISC. Carres: . Ron Fowle: Did you do any condemnation? . David Jackson: No thai was handled by the city" Date: Item#: Copies to: 161 C 3 ~. . Ron Fowle: Did you bring in any new Business? o David Jackson: I brought in new business in to 2 of 3 CRA's. The first, 20 new buSinesses in 2 years and the 2"", downtown, 44 new businesses and renovated 60% of existing buildings. o Ron RowIe: Are familiar with our setup, with an advisory board, but acc as the authority? o David Jackson: Yes, very familiar, I have worked with an advisory board before. . Ron Fowle: Your employment ended in 2004, are you currently working? o David Jackson: No. i resigned in October. i am living in Panama City, working on property getting it ready to sell depending on where the next job is. o Sharon King: Have you worked with bonding, fast tracking and grants? o David Jackson: Yes, I have experience with grants. Fast tracking and bonds were done by the city. o Ron Fowle: Are your married and dO you have children? o David Jackson: I am divorced with a grown son. o Sharon King: How much time would it take for you to get here to interview? o David Jackson: Just enough time to make travel arrangements. o Sharon King: If chosen how much time before you can start? . David Jacl<son: One week to 10 days. As 101'09 as I can return for sale of property . o Sharon King: Would you require moving expenses? o David Jackson: It would be appreciated, but not a demand. . Sharon King: What are your salary requirements? o David Jackson: $88,000.00 is what I was making last year, somewhere in that area. c. Thomas Greenwood: . Ron Fowle: How big is Graildview? o Thomas Greenwood: Population is 27,000, in Urban Kansas City. . Ron Fowle: Is there a lot of redevelopment? o Thomas GreenwOod: Most of what is going on is redevelopment. o Ron Fowle: What is the driving force of the town? . Thomas Greenwood: Kansas City workforce. o Ron Fowle: How long did it take to get funds to get started? . Thomas Greenwood: About 1 and 'h years. There is a mix of residential and retail. There were flood plain and main sewer line relocation issues. o Ron Fowle: Are you familiar with our eRA setup? o Thomas Greenwood: Not aware of it, but not surpflsed with it either. o Sharon King: Is most of your experience from the developmental end instead of the community redevelopment end? o Thomas Greenwood: I've used an array of TIF revenues to build public infrastructure. o Sharon King: What are your salary requirements? o Thomas Greenwood: I am open for discussion. . Sharon King: How much notice would you need for an interview? o Thomas Greenwood: 3 or 4 days to a week. o St.aron King: How long to be able to start work? o Thomas Greenwood: I would need to give 30 days notice; it would take about 2 months to get there to work. o Thornas Greenwood: Is tile development agency the Comer County Commissioners? o Sharon King explained the Collier CRA structure. c, Laura Morgan: 16 Ie 3 . There was not tape recording ava~able for this interview. the tape had run out and gone unnoticed. . Interview took about 15 minutes . Good qualifications . Lacked CRA experience in the state of Florida . Moving requirements were higher than the other applicants . Very knowledgeable and vibrant . Proven track record in Memphis . Has family here and would like to move to the area 4. DiscuSsion: a. It was agreed to interview David JackSOn and Laura Morgan: it was noted that Laura would require more salary and moving costs. Can make an offer to see if she would consider less. b. Grants: Sharon King stated that Commissioner Coyle has puUed her grant from the agenda because she is on the adviSOry board. She stated that county attorney David Weigel said that he thought there was an ethical conflict Sharon King had the grant put back on the agenda forthe next meeting. She has written letters to try to get the CRA board to back her, they said it vrdS an ethical issue and would have to be decided by lawyers. Discussion went on to state that Karen Beatty and Ron Fowle's grants are also being looked into. The amount and subsequent payment of Ms. Beatty's grant was also discussed, with the recornmendation that she pay the difference if so instructed. Sharon King stated that for the record she did not see an ethical conflicl as she is a volunteer and receives no payment for this job. 5. Meeting was adjourned. THE BAYSHORE/GATEWAY TRIANGLE REDElE61~.3.R"EA COMMUNITY REDEVELOPMENT AGENCY 24-08 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Monday, March 7, 2005 at 6:00 p.m. The Bayshore/Gateway Triangle Redevelopment Area Office 2408 Linwood Ave. Suite 7, Unit 11 - Conference Room Aaenda 1 . Roll Call 2. Adoption of Agenda 3. Interviews for Executive Director 4. Advisory Board Discussion 5 Citizen Comments 6. Adjournment Note: All ~ngs are PublidY noliced in the Harmon Turner Building (Administration Building). Please caU the BayshorelGateway office. at (239)643-1115 ~you tuNe any~ aboutthe-.,g. If you are a perllOf1_ a disability who .- any ..........~ in"- to participate in this prooeeding, you are entitled. at no cost to you. to the pr<Msion of certain assistanCe. Please contad!he Collier COunty Fac:ititieS ~ Depa<1ment - at 3301 East Tamiami Trail. Naples, Florida. 34112, (239) 774-8380; assisted r_fling devices for the heating impaifed are available in tI1e County CornmisSionefS' Office. 16 Ie 3 THE BAYSHORE/GATEWAY TR!ANGLE REDEVE1,OPME>IT l\REA OMMUNITY REDEVELOPMENT }.LGENCY 240S LtsWOOO .\.VE SlJlTE 11 !'\i".PLES, fL 54-ill. PftOC\'E 239.''''3.1115 F:\.x 2.39_'17;.4456 BAYSHORElGATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD SUBCOMMITTEE MINUTES OF THE MARCH 7, 2005 MEETING The meeting of the BayshorelGateway Triangle Local Redevelopment Advisory Board was called to order at 6:00 p.m. at the BayshorelGateway Triangle Redevelopment Area Office, Conference Room. i. Roll Call-Present: Advisory Board SubCOmmittee Members: Ronald Fowle, Karen Beatty, Rod Gamer, Bill Neal and Bill Mears. 2. AdoPtion of Aaenda: Agenda adopted. 3. Interview with David Jackson for Executive Director: Ron explained the tour that he took Mr. Jackson on throughout the BayshorelGaleway Triangle RedevelOpment Area. The followioo auestions were addressed to Mr. Jackson from various advisorv board members. . Question: Mr. Jackson why do you want to make a change from where you are? . Answer: In this line of business you are only effective for a limited lime and I had been there for 7 years. I got everything up and moving and it was just time to move on. . Question: Have you been involved with very many public and private partnerships? . Answer: We were in the midst of that and it is probably one of the reasons it became a little tenuous for me to be there. We had a property that I had talked with the CRA for 4 years to buy. It was empty for 20 years and no one wanted to touch it. The owner was doing nothing with it. We bought the property in June of 2004 and by November had a developer come in and buy it. More examples followed. . Qt\estion: Did you have any improvement programs with current homeowners? . Answer: In 1999, we installed a storefront grant: the pilot was in a CRA fishing district where we couldn't get investments into the area. We started matching dollar for dollar in grants. We went from an 80% vacancy rale to 80% utilized. Additional discussion followed. . Question: Did you do any bonding? . Answer: No, the city retained bonding and eminent domain authority. . Question: HO'.... about the administrative side of things, did you run the computer side of things yourself, accounting and so on? . Answer: We did our own accounting we had 7 budgets with about % of a mHlion coming in that we could spend. Mr. Jact.son explained the budge! process for that job. . Question: Have you had a chance to look at the benelils offered through the county? . Answer: No, I have not. I will need to sit down with HR 4. Motion was made by Bill Mears and 2'''' by Karen Beatty to recommend to extend an offer to David Jackson for employment . Bill Neal stated: Salary of $88,000.00, with moving expenses covered by Mr. Jackson. The CRA will take care of interim lodging until the end of the month. Meals, lodging and gas back and forth. All of this is subject to favorable recommendations from references. . Mr. Jackson stated that it all sounded fine, depending on when the county gives you the okay for the offer, you can tell them that I accept. As for the interim, he staled that he had done some shopping and there were some apartments in the area that were acceptable to his standard of flVing. He may be able to be able to be in by the middle of March, so there may be able to bypaSS the meals and gas. . Mr. Neal stated that there would be an office temp tl1al they will be recommending for office manager. . Mr. Fowle requests that Mr. Jackson be here for the meeting with HDR on the 16'" of March. ~ Karen Beatty stated tl-.al the advisory board would !ike to see Mr. Jacl<,SOn stay on from there unless he needed to go back for a long weekend to close things up. 16' ce .1 , . Mr. Jackson said that he thought that he could get moving and be in for the rest of the week of the 16"' and the following week. . Mr. Neal stated that references still needed to be checked. Discussion fot'lowed as to who would check the references. 5. Meeting was adjourned. 16' C 4 ~ .~; Citizen Corps Advisory Committee Agenda May 18, 2005 Sheriff's Office CERV USCGA Red Cr... Cbamber of Com~erce Fire Cbiefs V cterans Council Chairman J . ~i:ll:s -~ Henning~ CERT cAlCoyle RSVP Salv~. ~ 3:00 Pledge of Allegiance -Opening Remarks -Roll Call EMS EM City .CNapi.. Qeveland CUnic Health Dept Everglad.. City NCH Medical Examiner City of Marco Island Neighborhood Watch 3:05 Approval of Minutes Chairman 3:10 Threat Update CCSO 3:15 New Business Chairman . Special Needs Task Force . Speakers Group Jim von Rinteln Chairman 3:35 Old Business Chairman . Exercise Update S May124-26 May Joe Frazier Rick Zyvoloski . ESC Update . Home Depot -May 14 (Need 2 people) . Chamber Seminar . June Meeting Jim von Rinteln Chairman Reg Buxton CAP 3:55 OtherIssues 4:00 Next Meeting/Adjourn (June 15 at the Naples CAP ?) Chairman Misc. Corres: Date: J M'-I JDh . Item#: liPI ~( (L4) Copies to: Emergency Medical Services Health Department Emergency Management Neighborhood Watch Everglades City Naples comm.unity HOS~!1 Meeting called to order in the County Commissioners Boardroom at 3 p.m. Fiala Halas Henning Coyle Coletta Voting Members Present: Voting Members Absent: Non-Voting Member Organizations Present 16 , C'1t." COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE May 18,2005 Walter Jaskiewicz, Coast Guard Auxiliary, Chair Chief Scott Salley, Collier County Sheriff's Office, Vice-Chair Reg Buxton, Greater Naples Chamber of Commerce Lenny Nacht, attending for Gerry Sugarman, RSVP Jerry Sanford, Collier County Fire Chiefs Assoc. & CERT Robert Rohland, Salvation Army Deborah Horvath, American Red Cross James Elson, Collier County Veterans Council Nelda Miller, Community Emergency Response Volunteers Carol Pahl, Community Emergency Response Team Tom Kuznar, Civil Air Patrol Gerry Sugarman, RSVP /' ~/ r: ~ Pledge of Allegiance recited and roll call taken. Approval of Minutes Motion made to approve minutes for the April, 2005 meeting as is by Reg Buxton, and secoDded by Chief Salley. Approved unanimously. Threat Update . Chief Salley discussed people needing to be on the lookout for vessels entering our waters or aircraft that may be carrying fuel to re-fuel boats making the trip from Cuba to the United States. Please call any suspicious behavior to the Collier County Sheriffs Office. . Per Chief Salley, there has been an increase in meth-amphetamines use. For each one pound made, it makes two pounds of hazardous, carcinogenic material. He is anticipating a spike in the manufacturing ofthis drug. He will have additional information in the next few months. New Business Misc. Corres: Date: . Special Needs Task Force Ilem#: Jim vonRinteln said that Emergency Management is working on better-organizing the Special Needs efforts in Collier County for better procedures and regesiM.Mhs to the registration and care of the Special Needs population. In order to keep it in the Sunshine and keep it legal, the Citizen Corps needs to organize a working group for Special Needs under Collier County Citizens Corps Advisory Committee May 18, 2005 16 , c;i! Page 2 the Citizen Corps. Once the work has been completed by this group, they will report to the Citizen Corps, who will review and approve what the group has put together, and put the information into County policy. Motion made by Reg Buxton that the Special Needs Task Force will be a working group under the auspice of the Citizen Corps and seconded by Jerry Sanford. Approved unanimously. . Speakers Group Information handed out by Walt Jaskiewicz. People need to know what the Citizen Corps does. Individual members should be guest speakers at various meetings in the County to explain what the purpose of the Citizen Corps is (i.e., Kiwanis, Rotary Club, Condo Associations, Mobile Home Parks, etc.). It would also give the speaker a chance to elaborate on what the function of their particular group is in the Citizen Corps. Discussion and comments from the Board as to what their thoughts are on this followed. Reg Buxton: This is a good idea - are there funds for this? Per Jim vonRinteln, if there are, they are minimal. Jim will check to see if there is money in the Homeland Security Grant. Emergency Management can supply handouts. Per Reg, ten months out of the year there is a program called "Wake Up Naples". There is a $500 sponsorship fee, but there are 240 business people who come. Jim will look into this, although he doesn't believe the grant funds can be used for it. Jim will check with the Director of Emergency Management to see if there are any departmental funds available. It is worth looking into - it would bring a lot of attention to the group. Jim will take this as a task to see if there is funding James Elson: Groups are looking for speakers. Is the purpose of speaking to various groups to share information about the Citizen Corps or for the individual groups? Per Walt, it would be to give the purpose of the Citizen Corps in Collier County - why it was organized, what the function of the group is and then the individual speaker could give the information regarding their individual group. Per Jim vonRinteln and Chief Salley, because he and Chief Salley are staff for the County, they have to be careful how they intermix this. They are not allowed to promote the Citizen Corps group, however, they can mention it. It is important for the individual members to be proponents and recruiters of the Citizen Corps. Robert Rohland: The Salvation Army is in support of this and would contribute as speakers. His experience in speaking to groups is that people want to make donations - is there any vehicle for people to donate to the Citizen Corps? Per Jim vonRinteln, he doesn't know the answer to this and the Legal Department is not present today. There may be a way for people to donate to the Salvation Army and that organization provide a resource to the Citizen Corps without actually giving the funds, i.e., providing handouts. Robert asked ifthe Citizen Corps has any means of accepting contributions. Per Jim, no, the Citizen Corps is not set up to do this. As an advisory group, it is not something you want to get involved with. The Citizen Corps is tasked with giving advice to the Board of County Commissioners. Deborah Horvath 161C",?"1 County Citizens Corps Advisory Committee May 18, 2005 Page 3 asked what is done with the Grant money. Per Jim, this money goes to the Emergency Management Department for use by the Citizen Corps, is approved by the Board and managed by Emergency Management - the Citizen Corps doesn't influence how it is spent. Jim will write this up and take it to the County Attorney for legal opinion. Will have the answer next meeting. Chief Scott Salley: Suggested having a workshop prior to the hurricane season and get input from the community. This past weekend, the Citizen Corps from Orange County had a program on television. Get back to basics - see where we want to go and get some input from others. Per Jim, the Orange County Citizen Corps may be set up as a non-profit group. The Collier County Citizen Corps has chosen to operate as an advisory group. A review of our mission and goals is a good place to start. Jerry Sanford: CERT will start talking more about the Citizen Corps. The more people that know about us, the better. Lenny Nacht: Has been involved in four different projects under RSVP. The more information he can circulate regarding the Citizen Corps, the better. Would like to see a coordination of what is available "out there". Deborah Horvath - Need to look at what we have done and what we would like to do, where we are headed with this group. Attends lots of speaking engagements and typically mentions that the Red Cross is a member of the Citizen Corps and works closely with a lot of agencies in tOWIl. A one-two hour workshop scheduled soon because we are gelling into hurricane season would help to get everyone on the same page. Walt agrees that a workshop is needed in order to get a strategy together as well as objectives for the Citizen Corps. He would like to see both the voting and non-voting members become involved in the speaker group. The next course of action would be to send out an emailto see what interest there is from the non- voting members. From there, a workshop could be designed and a date set for an hour-long workshop to strategize and implement a plan for the Citizen Corps. Per Jim, the group has drifted over the last couple years, with a distinction between the voting and non-voting members, when there shouldn't be. The reason for non-voting members was due to the Sunshine Law. Need to re-emphasize this during the workshop - schedule this workshop for the next meeting in June, being held at the Civil Air Patrol. The workshop has to be held in the Sunshine as well and this would be the soonest practical time to hold this. Jim said the Citizen Corps was instrumental not only during the hurricanes last year, but with other issues that have come up. This Special Needs Working Group is very important. It is important to involve you and your groups in the assets we have at our fingertips collectively to get more accomplished. Walt and Jim will get together to generate an email. 16 Ie.., Collier County Citizens Corps Advisory Committee May 18, 2005 Page 4 Old Business . Exercise Update Per Jim vonRinteln, the airport exercise went well, accomplished all their goals and was a good example of the Citizen Corps member groups working together. Almost everyone was represented. The News Press did a nice two-page article. Collier County is participating in a Slate Hurricane Exercise this week. Did a tabletop exercise yesterday with the Sheriff s Office regarding re-entry procedures. Many of the groups are going through the procedures and discussed what would have happened if we were hit as Charlotte County was last year. They are still cleaning up debris, finding housing for people, waiting for reimbursement from FEMA - they have a couple years ahead of them in getting their communities back in order. This exercise is going on through Friday - come by the EOC if you are interested. . Emergency Services Complex Update The project was sidelined by the Planning Commission and is now due before the Board of County Commissioners on May 24th at 1 p.m. It has been a long road, with community concern. In review, it will house the new 91 I Center, East Naples sub-station, the new Emergency Operations Center for the County, as well as the offices for Emergency Management Emergency Medical Services, and the Information Technology backup for the County. We hit an unexpected glitch with concerns from the neighboring communities, worrying about noise issues, as well as height and landscaping issues, which we hope have been worked out. If you know of anyone who has strong feelings one way or the other, we would encourage them to participate. Walt asked if citizens need to sign in to speak in advance. Per Jim, you can sign in when you arrive at the meeting. . Home Depot (May 14th) Per Walt, no one was there for this. He attended the first one, which was successful. Per Jim, the American Red Cross tried to do it for a short period. He gave the Home Depot Manager information regarding Citizen Corps. . Chamber Seminar Per Reg Buxton, May 24th the Chamber of Commerce will hold a Hurricane Preparedness seminar for Collier County at the Collier Athletic Club. Doors open at I I a.m., with lunch at I I :15 a.m. At 12:00 noon live TV starts, which will be taped and re-run. Dan Summers from Emergency Management, Grover Whitten from Florida Power & Light and Tracy Strodge from Nextel will be there. Expect this to be a very informative seminar, with handouts. This seminar is just one of many that will be put on by the Chamber. One on affordable housing was done a month ago. 16'"C~ '~~ge 5 Collier County Citizens Corps Advisory Committee May 18, 2005 . June Meeting The June meeting will be held on June 15th at3 p.m. at the Civil Air Patrol building at the Naples Airport. Walt hopes to have a presentation at the next meeting regarding the Air Museum that Page Field in Fort Myers is trying to put together. This is a $7 million project that the Civil Air Patrol and the Auxiliary Air Wing will be involved in. Other Issues . Deborah Horvath with American Red Cross shared their newsletter, which has a new format. This reaches 10,000 people in the community with updates, successes, etc. . Walt showed the award that was presented to the Citizen Corps as part of honoring community programs. Reg had a lot to do with the group being involved in that. . Jim vonRinteln discussed the Collier County initiative called "Living History", spearheaded by the Customer Relations Department. This will include interviews with WWlI veterans. There are quite a number ofWWII veterans living in Collier County; some of them quite notable. Looking for help finding these folks. Per Walt, the Marco Fire Chiefs took stories and videotaped veterans. Jim Elson said the Veterans Council will distribute flyers Memorial Day. . Walt discussed he has taken advantage ofFEMA courses offered through the Citizen Corps and Collier County. He is now the sixth person in the Coast Guard Auxiliary in the United States to be certified in Incident Command System (ICS) Gulf Strike Team. This allows him to teach the ICS to various agencies throughout the US. He will be traveling next month to Mobile, Alabama to teach the Coast Guard, and he taught last month in Pinellas Park with the Sheriff s Office, Police, Coast Guard, etc. . Jim Elson reminded the group that Monday, May 30th is Memorial Day. A ceremony will be held at 9:30 a.m. at the Naples Memorial Cemetery on 111 th Avenue. Please take one or two ofthe announcement posters that are available to post at various locations. This year the soldiers who didn't return from Afghanistan and Iraq, as well as those who returned to Collier County, are being honored. WWlI is being remembered, as well as the current war. . Regarding the July 4th parade, Jim Elson said it will be held at 10 a.m. and will be run by the City of Naples. Entries can be submitted by contacting the Community Services office of the City Manager's office. . Jim vonRinteln brought up that we are watching Tropical Storm Adrian. It is an unusual one, as it is a Pacific Tropical Storm and if it passes over the Honduras, it could get into the lower Caribbean and affect us sometime this weekend. Ifit enters the Atlantic, it will be re-named Arlene. The predictions currently stand at 13 named storms, 7 of which will be hurricanes and 3 will be major hurricanes. Dr. Gray is expected to upgrade this prediction to 15 named 161e. .. Collier County Citizens Corps Advisory Committee May 18, 2005 Page 6 . storms, 8 hurricanes and 4 major hurricanes. The EI Nino effect is weakening and the water temperatures are right where they should be. We are in the middle of a 3D-year upswing of activity. Be prepared and review your disaster plan. The Emergency Management website has been updated. If you see any problems with it or want to add to it, let Jim know. The All-Hazards Guides are available. The Sheriffs re-entry program is in the process of being changed, in that people should bring two forms of identification when leaving their home area. This should help to alleviate some ofthe problems experienced last year when people couldn't get back into their areas in a timely manner. Motion to adjourn meeting at 3:55 p.m. by Reg Buxton and seconded by Chief Salley. Approved unanimously. Minutes submitted by Mary Ann Cole. 16 'C'_, " 3:00 Citizen Corps Advisory Committee AA"'" My 2~~5: Fiala Halas _ Henning __ Coyle _~ _ . Coletta /,.-/ Pledge of AllegIance - Chairman Opening Remarks Roll Call Sheriff's Office CERV USCGA Red Cross Chamber of Commerce Fire Chiefs Veterans Council CERT CAP RSVP Salvation Army EMS EM Health Dept City of Naples Everglades City Cleveland Clinic NCH Medical Examiner Neighborhood Watch City of Marco Island 3:05 Approval of Minutes Chairman 3:10 Threat Update CCSO 3:15 New Business Chairman Hurricane Season Preparedness Issues Jim von Rinteln Joe Frazier 3:35 Old Business Chairman Membership ESC Update Seminars Chairman Jim von Rinteln Jim von Rinteln 4:00 Next Meeting/Adjourn (August 17th) Chairman Misc. Corres: Date: Item#: Copies to: Citizen Corps Advisory Committee Agenda August 17, 2005 3:00 Pledge of Allegiance Opening Remarks RollCall Sheriff's Office CERV USCGA Red Cross Chamber of Commerce Fire Chiefs Veterans Council EMS EM Health Dept City of Naples Everglades City Cleveland Clinic NCH Medical Examiner Neighborhood Watch 3:05 Approval of Minutes 3:10 Threat Update 3:15 Remarks 3:30 New Business Award Recommendation 3:35 Old Business Speaker's Bureau ESC Update 4:00 Next Meeting/Adjourn (September 21 st) 16' C~ ChairnEf&/a *=) Halas. / - Henning . Coyle ........... COletta - ........... CERT CAP -- RSVP Salvation Army City of Marco Island Chairman Chief Salley, CCSO Rep. Mike Davis Chairman Chief Salley, CCSO Chairman Chairman Jim von Rinteln Chairman Misc. Corres: Date: Item#: Copies to: 16' C"'4~ Citizen Corps Advisory Committee AGENDA October 19th 2005 American Red Cross Building Naples, Florida 2:00 Call To Order & Pledge To Flag Chairman .J Fiala Roll Call Opening Remarks Halas Henning 2:05 Reading Of Sept Minutes & Approval Coyle t/ Coletta _ 2:10 Threat Update L TReed 2:15 New Business Chairman * New Member 2:20 Old Business Chairman 2:25 Other Comments Chairman 2:27 Next Meeting Date Nov 16th Chairman 2:29 Motion to Adjourn and Open Workshop 2:30 Open Citizen Corps Workshop " Citizens Responsibility Preparing Till Help Arrives" 1. Round. Table Members Suggestions 3:30 Closing Remarks Workshop Chairman ~l'''~!l)rl.\...L -to \-\~ WJ.. \'V\.~ c..o ~ Misc. Corres: C> Date: Item#: Copies to: Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34H2 Contact: Sandra Arnold-Lawson Public Information Coordinator (239) 774-8308 Oct. 11,2005 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA WEDNESDAY, OCTOBER 19, 2005 2 p.m. The Collier County Citizen Corps Advisory Committee will hold a workshop Wednesday, October 19 at 2 p.m at the Collier Chapler of the American Red Cross, located at 2610 Northbrooke Plaza Drive (next to the International College), in North Naples. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to five (5) minutes unless permission for additional time is granted by the chairman. Any person who decides to appeal a decision of the Board of County Commissioners or quasi-judicial board will need a record of the proceedings pertaining thereto, and therefore. may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to partiCipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department. located at 3301 E. Tamiami Trail, Naples. FL 34 112. (239) 774-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Jim von Rinteln at 774-8000. -End- 3:00 3:05 3:10 3:30 3:35 4:00 161 e1l' Citizen Corps Advisory Committee Agenda November 16, 2005 Pledge of Allegiance -Opening Remarks -Roll Call Sheriff's Office CERV USCGA Red Cross Chamber of Commerce EMS EM City of Naples Cleveland Clinic Health Dept Everglades City NCH Approval of Minutes Threat Update New Business . Wilma Update . New Members Reappointments Old Business . . ESC Update Next Meeting/Adjourn (December 19th) Chairman J- Fiala ~_____ Halas . /.. --. Henning_. _.___ F. Ch" CERT CAP Coyle ---:: .---- Ire leiS Veterans Council RSVP SalvationCZ~~tta ( Medical Examiner City of Marco Island Neighborhood Watch Chairman L TReed Chairman Chairman Chairman Chairman Jim von Rinteln Chairman Misc. Corres: Date: Item#: Copies to: L6IC." ^ Leavitt Warns of Future Bird Flu Pandemic By GRANT PECK, AP BANGKOK, Thailand (Oct. 10) - The likelihood of a human flu pandemic is very high, U.S. Health and Human Services Secretary Michael Leavitt warned Monday as he sought Southeast Asian cooperation to combat the spread of bird flu. Leavitt and the director of the World Heaith Organization are touring Thaiiand, Laos, Cambodia and Vietnam to seek their collaboration in preparing for the anticipated public health emergency linked to the H5N1 strain of the disease. That strain has swept through pouitry populations in many parts of Asia since 2003 and jumped to humans, killing 65 people, mostly through direct contact with sick fowl. Whiie there have been no known cases of person-to-person transmission, Worid Health Organization officiais and other experts have been warning that the virus couid mutate into a form that spreads easily among peopie. In a worst-case scenario, millions could die. Three influenza pandemics have occurred over the last century and "the likelihood of another is very high, some say even certain," Leavitt said after meeting with Thai health officials to review the their preparations. "Whether or not HSN1 is the virus that will ultimately trigger such a pandemic is unknown to us," he said at a news conference. "The probability is uncertain. But the warning signs are troubling. Hence we are responding in a robust way. It Leavitt's tour comes after President Bush last month established the "International Partnership on Avian and Pandemic Influenza" to coordinate a global strategy against bird flu and other types of influenza. Leavitt said "containment" was the first line of defense against the illness, encouraging countries to step up development and production of vaccines and strengthen efforts to detect any cases of human transmission early. Thai Public Heaith Minister Suchai Charoenratanakul said Thailand would contribute at least 5 percent of its antiviral drug supplies to a proposed Southeast Asian regional stockpiie. World Heath Organization Director General Dr. Lee Jong-wook said preparation was the key to preventing a flu epidemic such as the one that struck in 1918, killing an estimated 40 million to 50 million people. "Now we know in advance what is happening and we have to prepare ourselves. That is our duty," he said. Also Monday, Turkey and Romania slaughtered thousands of birds after both countries said they detected the disease, and the European Union and other countries banned the import of poultry from the two nations. Bird flu has not been confirmed by expert laboratories, however, and it is unknown whether the pouitry deaths in either location involve the H5N1 strain. Nonetheless, some 40,000 birds in eastern Romania were to be slaughtered in coming days, authorities said. "I think it's better to take these preventive measures now," even without confirmation of H5N1, Romanian Prime Minister Calin Popescu Tariceanu said Sunday. Associated Press writers C. Gnur Ant in Istanbul, Turkey, and Raf Casert in Brussels, Belgium, contributed to this report. 10/10/0520:06 EDT Copyright 2005 The Associated Press. The information contained in the AP news report may not be published. broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. All active hyperfinks have been inserted by AGL. 'Print Story: WHO Tries to Allay Bird Flu Fears on Yahoo! News 1 6 I '11'" '.p a..ge 1 of 2 C'., . .. I} 1l':AHoOt NEWS Back to Story - Help WHO Tries to Allay Bird Flu Fears Ap~",- By EMMA ROSS. AP Medical Writer Sat Oct 1,1:58 AM ET The World Health Organization moved Friday to revise alarming predictions that a pandemic stemming from the bird flu virus ravaging parts of Asia couid kill as many as 150 million people. The U.N. health agency was deluged with inquiries after Dr. David Nabarro - named Thursday as the U.N. coordinator for avian and human influenza - cited the number during a news conference at the U.N.'s New York headquarters. While WHO's flu spokesman at the agency's Geneva headquarters did not say the 150 million prediction was wrong, he emphasized that 7.4 million deaths is a more realistic estimate. Scientists have made predictions ranging from less than 2 million to 360 million. Last year, WHO's chief for the Asia-Pacific region predicted 100 million deaths, but until now that was the highest figure publicly mentioned by a WHO official. "We're not going to know how letha/the next pandemic is going to be until the pandemic begins," WHO influenza spokesman Dick Thompson said Friday. "You could pick almost any number" until then, he said, adding that WHO "can't be dragged into further scaremongering." Experts agree there will certainly be another flu pandemic - a new human flu strain that goes global. However, it is unknown when or how bad that global epidemic will be. It also is unknown whether the H5Nl bird flu strain circulating in Asian poultry now will be the origin of the next pandemic. But experts are tracking it just in case, and governments across the world are preparing themselves for such a possibility. Two factors will have a major influence on how many people will die from the next flu pandemic, experts say. One is the attack rate -the proportion of the population that become infected. The other is the death rate, or the proportion of the sick who die. Norma/ seasonal fiu viruses have an attack rate of between 5 percent and 20 percent, but a death rate of less than 1 percent. Between 250,000 and 500,00 die from flu every year, according to WHO. Based on evidence from the three pandemics that occurred during the 20th century, scientists have determined that pandemic flu strains tend to infect between 25 percent and 35 percent of the population. The worst death rate was seen in the 1918 Spanish flu pandemic. That killed 2.6 percent of those who got sick, or about 40 million people. The other two pandemics were gentler. The 1957 one killed 2 million and the most recent, in 1968, killed 1 million. Forecasts that change the assumed attack rate or death rate will yield different predictions. Other assumptions, http://news. yahoo.com/s/ap/20051 00 1/ap_on_hcme/un_bird_flu&printer= 1 10/12/2005 Print Story: WHO Tries to Allay Bird Flu Fears on Yahoo! News Page 2 of2 such as whether anti-flu drugs will work against the virus. also would change the figures. WHO said Friday it considers the most likely scenario to be a death toll of between 2 million and 7.4 million people. "That's because we looked at what happened in the 1918 pandemic. That caused the greatest number of deaths ever recorded from an infectious disease in a single year, by far. More than the black plague, more than any other infectious disease," Thompson said. "That was an extreme of an already rare event Pandemics normally have more modest death rates." When the U.N. health agency advises countries on how to prepare for the next pandemic, it uses the most moderate scenario likely to happen. It does not mean that a more exaggerated scenario cannot happen, only that it is less likely, Thompson said. "There is a limited amount of public health money available to countries and we have to give them the best guidance on how to spend that money," he said. The H5N1 strain of bird flu has swept through poultry populations in large swaths of Asia since 2003, jumping to humans and killing at least 65 people - more than 40 of them in Vietnam - and resulting in the deaths of tens of millions of birds. Most human cases have been linked to contact with sick birds. But WHO has warned the virus could mutate into a form that spreads easily among humans - changing it from a bird virus to a human pandemic flu strain. Copyright@ 2005 The Associated Press. All rights reserved. The information contained in the AP News report may not be published, broadcast, rewritten or redistributed without the prior written authority of The Associated Press. Copyright@2005 Yahoo! Inc. All rights reserved. Questions or Comments Privacy Policy .Terms of Service - CopyrightllP Pollcy - Ad Feedback http://news. yahoo.com/s/apI20051 00 l/ap_on_he_me/un_bird_flu&printer= 1 10/1212005 UUC)L \.ullllllcmall 161CII F amiliesare bedrock of local preparedness for natural disasters By DAN SUMMERS Director, Collier County Bureau of Emergency Services . 'This year's hurricanes have highlighted the importance of having a sound emergency preparedness program at the local level We are fortunate to have county and city leadership that understands and supports the necessity of having a disaster- resistant community. Large, catastrophic disasters like Hurricane Katrina will always require state and federal help, but the effectiveness of that help depends on the preparation and planning we do as a community beforehand. Here in Collier County we have made progress in recent years by adding and training additional staff, updating the county's Comprehensive Emergency Management plan Summers (CEMP), gaining state approval of a Local Mitigation Strategy (LMS), purchasing additional equipment, fInalizing plans for an updated and hardened Emergency Services Complex and coordinating for improved countywide FM radio coverage for emergency information. " Our Persons with Special Needs (PSN) program will provide assistance to persons requiring additional help in an emergency. We I:!ave expanded the Community Emergency Response Team (CERT) program to all of our communities and have begun coordination of our volunteer groups through the Collier Emergency Response Volunteer (CERV) organization..:The Citizen Corps Advisory Committee meets monthly with all of. , our local oreoaredness and response orgaruzatIOns to discuss issues and provide recommendations to the County Commission for improvements. We practice our plans, not only with our fIrst responders, like Jaw enforcement, fIre departments and EMS, but also with public utilities personnel, the American Red Cross and organizations like the Collier County School Board. Additionally, our neighboring county representatives, the state Department of Emergency Management, National Guard and yes, evenFEMA, are frequent Visitors to our operations center for training and orientation. A critical com onentlo local re aredness that is lar el eyon our contro IS m VI u an y pre.E...are ess. ach one of us has to take personal responsibility to know what our . individual risks are, have a plan, follow evacuation orders, keep three to fIve days of supplies on hand and encourage others to do the same. If you have to evacuate, have a plan so that you can . leave early and avoid the heavy traffIc. Review your insurance coverage to be sure it is what you need to protect your home and possessions. Have a communication plan with your family members, both locally and out of state, to reduce your anxiety and the demands on response personnel. If you have situations that require specJal planning, such as an elderly or infmned family member, or pets - you must plan for that as well. There is more all of us can do. Each year the community sponsors numerous emergency preparedness seminars and expos aimed at providing residents and visitors detailed information on how to be prepared for emergencies. Everyone should make some time to attend one and encourage new residents to attend with you. Because it's not just hurricanes that we need to be preparing for, but being prepared for a hurricane will go a long way toward being ready for all potential disasters, natural or man-made. Both Collier and Lee counties publish an "All Hazards Guide" which provides much of what you need to know about disaster preparation. You also can contact the Collier County Emergency Management Department at 774-8000, or log on to its Web site at www.collieremorg for more information. In Lee County call 477-3600 or go online to www.Jeeeoc.com 161 e" Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: Sandra Arnold-Lawson Public Information Coordinator (239) 774-8308 Nov. 7,2005 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA WEDNESDA Y, NOVEMBER 16, 2005 3 p.m. The Collier County Citizen Corps Advisory Committee will meet Wednesday, Nov. 16 at 3 p.m, in the Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Building, Building F, 3301 E. Tamiami Trail, Naples. The meeting is open to the public. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 774-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Jim yon Rinteln at 774-8000. -End- Meeting called to order at 3:00 p.m. Voting Members Present: Voting Members Absent: Non-Voting Member Organizations Present: 161 ~ COLLIER COUNTY CITIZENS CORPS ADVISORY COMMITTEE November 16, 2005 Walter Jaskiewicz, Coast Guard Auxiliary, Chair Lt. Nancy Reed, Collier County Sheriff's Office Reg Buxton, Greater Naples Chamber of Commerce James Elson, Collier County Veterans Council Floyd Chapin, Community Emergency Response Volunteers Gerry Sugannan, RSVP Doug Porter, Naples Civil Air Patrol Wanda Moore for Robert Rohland, Salvation Army Russell Rainey, Community Emergency Response Team Deborah Horvath, American Red Cross Jerry Sanford, Collier County Fire Chiefs Association J/ V; / [../ County Attorney's Office Emergency Management Medical Examiner's Office Fiala Halas Henning Coyle Coletta Pledge of Allegiance recited and roll call taken. Approval of Minutes Motion made to -accept the minutes by Jim Elson, and seconded by Reg Buxton. Approved unanimously. Threat Update Lt. Reed reports no "new" news, which is why we should be on alert. We are going on 4 years since 911, and we have to remember that we are a target. Be especially aware over the holiday season - your eyes are important. Report anything, i.e., people who don't belong in a neighborhood, etc. Lt. Reed is doing a paper on terrorism, so if anyone has any articles on funding, homeland security, etc., please email them to Jim to forward to her. New Business Dan Summers spoke to the group and expressed his appreciation to the Citizen Corps group for their efforts, direct or indirect, in contributing to the communities' successful response during Hurricane Wilma. The part that made his job enjoyable was that not once in Collier County when a challenge came up did he hear "this is not my job" or "I can't do this". At noon today he spoke with a civic group in town and out of 150 people, 149 were appreciative of the County's efforts. Thanks for ajob well done. The public realizes there's a lot ahead with short-term and long-term work re~.ie&re!i.ld they see the efforts. We had minimal problems, and Citizen Corps helped contribute to the success. Thank you! Will begin the challenge of recovery issues and after-action report. Send Jim v~int"ln"n pm~;l ltem#: CopieS to: Collier County Citizens Corps Advisory Committee November 16, 2005 16 ~ ;'.' Page? with any ideas for "next time". Questions/ AnswersIDiscussion Walt Jaskiewicz mentioned everyone in the County did a great job - he heard no negative comments. Kudos to the Collier County Emergency Services, Public Works, and everyone else who took care of the whole situation. There were articles which called attention to preparation. Walt said there was a higher degree of people evacuating this time, heeding the warning. Dan said this was a blessing, we cut our teeth on this hurricane. You can imagine the demands of a Category 4 or 5 and what performance we need to give, based on lessons learned. Dan received the dreaded call from Max Mayfield of the National Hurricane Center that Wilma had our "zip code on it". The voluntary precautionary public evacuation was well called for. We were lucky to have a 3-day window, and people appreciated the early warning. It paid off and made a difference. Jim Elson said it was a smooth-working and remarkable evacuation for so many people in the area. He has never seen the County Government work so smoothly in the 17 years he has been here. Noticed there was a great deal of tree damage on Gulfshore Blvd. Airport winds were clocked at 125 mph. With the north wind coming in, did that accelerate the path? Dan said the National Hurricane Center reported sustained winds at 101 mph and winds were 124 mph at the County Building. There were unusual dynamics and in those storm bands, there was not just one wind constant but a number of wind variables. Wind force is irregular outside the eye ofthe storm. The landscape and elevation, soil types and plant root systems have a part in the tree devastation as well. Per Jim E., the newer, larger and taller homes seemed to deflect the winds. Dan said everyone learned the hard way that when wind hits a flat surface it doesn't dissipate, it escalates. That was evident with some of the video we captured on the side of this building. Even the glass in the window in the men's restroom bowed - a first seen in his career. The velocity increases horizontally and vertically. Structural integrity lowers at the higher-level buildings. Reg was at a United Way Board meeting and told them that we were extremely lucky to have the people at the EOC that we had. The Board was happy to hear this. Tell your Commissioners to help with the new ESC in any way you can! Per Dan, we used every card we had in the deck. If this storm had been any worse, we would have had to rely significantly more on outside resources. As our population grows, our vulnerability grows. We need more space. Our core staff paced themselves well. Per Gerry Sugarman, he heard nothing but praise from RSVP and CERT members. Lt. Reed mentioned that the nation watched us as well. People outside of the County said that Collier County was well prepared and well organized. 16 I C' 4" .~. Collier County Citizens Corps Advisory Committee November 16,2005 Page 3 Reg said that Senator Martinez commented that the State of Florida should look to Collier County and the Country should look to the State of Florida for disaster preparedness. Let Dan know regarding any areas of improvement and how we can make the County more disaster- resistant. Look ahead - what if this was a Category 4 or 5? What would we do differently? What can we do to be more self-sufficient and more disaster-resistant in Collier County? We need to take our efforts and our tax dollars and leverage them one step further. Wilma Update Jim von Rinteln highlighted that because of the Citizen Corps and the relationship we have, we were able to draw off your assets successfully. Walt helped with the mission of canal debris amounts, CAP assisted with the flight to look at damages. We trust each other and have a good relationship. Jim Elson was instrwnental with the sheltering situation. Reg was in the EOC during the storm as a go-to guy, and the Salvation Army and Red Cross was in the EOC. The CERT teams were out and operating. The Sheriffs Office and law enforcement were in the EOC -there were only two looters and they're still sitting injail. We had complete coordination and everything went smoothly across the board. Dr. Bourgeous from the Medical Examiner's office was in the EOC as well. All of this didn't happen by accident, everything we have worked on during the last couple years came into play. Of course, too, we were fortunate there was not much damage. It could be worse next time. Please keep pressure on the Commissioners that we need to do more. Jim Elson asked about the water rise in the 10,000 Islands area. Per Jim V., Everglades City had 8 feet in some areas. We did not get the surge we expected, which was lucky. The Keys didn't evacuate, which they now wished they had. They didn't get the wind they expected; however, they got a 3-foot surge which damaged vehicles. Thousands of cars were ruined due to the storm surge. Get your after action lessons leamed, etc. to Jim V. while things are still fresh in your minds, so we can address issues and see what things went well. Per Gerry Sugannan, he spoke with American Red Cross. They are holding a party for their volunteers and couldn't attend today's meeting. Jim said this meeting is still worthwhile to attend. New Members - Reappointments Walter Jaskiewicz has a re-appointment for 4 years, expiring 11/5/09. Gerry Sugarman has a re-appointment for 4 years, expiring 11/5/09. Reg Buxton has a re-appointment for 4 years, expiring 11/5/09. Lt. Nancy Reed is appointed for 4 years, expiring 11/5/09. Russ Rainey is appointed for 4 years, expiring 11/5/09. Doug Porter is appointed for 4 years, expiring 11/5/09. Floyd Chapin is appointed for 4 years, expiring 11/5/09. Per Jim V., there will be one additional reappointment - Jerry Sanford, Fire Chiefs Association. Next Collier County Citizens Corps Advisory Committee November 16,2005 l61 C.', Page 4 year there will be another group. There will be an election in December for the Chair, Vice-Chair and Secretary for the Citizen Corps. Walt was nominated as Chair by Reg Buxton, seconded by Jim Elson. Reg nominated Ll. Reed as Vice- Chair, seconded by Jim Elson. Reg nominated Russ Rainey as Secretary, seconded by Doug Porter. Per Jim V., typically the secretary takes care of letters to the editor, etc. Walt extended an invitation to the group to attend a 3rd year celebration of the US Coast Guard's Toys for Kids program, to be held on December 18th at his home (420 S. Barfield on Marco Island). Last year over 1,500 students were recipients of this program. Refreshments and food will be served from 5-8 p.m. Bring a gift for a child between the ages of 6 and lO years, wrapped or unwrapped. Will get the information to Jim V., who will disseminate info to everyone. Old Business Walt asked for a brief description from members as to what their agency did during Hurricane Wilma. Reg - Spent a few days in the EOC. Jim Elson - Two groups were deployed to help with the shelters, the Marine Corps in the Immokalee Center and General Bernie Weiss volunteered to head up the shelter at Palmetto Ridge. Both groups have volunteered to do it again next year and both have put together an after action report. A third team, the Vietnam Veterans of America, was on call, but not deployed. Jim V. wasn't aware they were available - American Red Cross was aware ofthem. Sheltering went better this year. Previously, there were problems in the Immokalee shelters. Jim Elson said that one of the biggest assets this year was the help of the Immokalee High School students. One student, Jerome, acted as a liaison since he knew the school building well and helped with the language barrier. Jim V. asked that he capture that information for an award. There were over 5,000 shelterees in Immokalee, with 6 shelters open, due to the large number of farm workers in the area. Baron-Collier High School was staffed with Junior ROTC. Jim V. would like to see this nurtured in the future. They do get credit for this. Wanda Moore said the Salvation Army was actively involved with feeding, and a canteen was set up in South Naples at the Freedom Trail shopping center. Over 3,000 people were fed and given water, ice and food. Staff began cooking at 7 a.m., took the pots and pans home to clean, then came back again at 5 p.m. They supplied food in Immokalee, Everglades City and Bonita. Per Jim V., this was very helpful, due to FEMA being late with water and ice. Salvation Army bridged the gap. Walt - Communications were virtually destroyed. Punta Gorda had a mobile unit, which was brought to Marco Island and staffed by Fl. Myers contingency. Three Coast Guard Auxiliary units did waterway debris assessment, using GPS, pictures, etc. to help with removal and excavation. Per Jim V., appreciate Walt's efforts pre-storm to educate boat owners to tie down their boats correctly. Ll. Reed - At one time there were over 40 lights on generators, with people out there directing traffic. There were also people in the situation room as dispatching. Deputies took ownership of many jobs, including security at shelters, traffic, security, etc. There was the least amount of problems in the Collier County Citizens Corps Advisory Committee November 16, 2005 161 C4t-I" Page 5 shelters this year. There are 1 ,200 employees with the Sheriff's Office and at least 800 of them worked Alpha Bravo shifts during Wilma. People had to stay without going home. There were 199 outside law enforcement officers. Commanders McDonald and Baker kept the streets safe, with only one incident during the hurricane, which was hard to take care of. Looting was minimal. There was a plan and everything went smoothly. Per Jim V., the deputies keep us informed on traffic conditions, roadways, what's out on the roads - Lee van Gelder, Mike Jones and Nancy Reed were a great team in the EOC. Russ Rainey - Marco Island CERT was activated Wednesday prior to the storm and worked with the Police Department after the storm for getting folks back on the Island. They were activated a full week. The Isle of Capri CER T went through to see if there were any people there. There was good cooperation with North Naples and Marco and Isle of Capri, it worked well. Doug Porler - Civil Air Patrol was active in the air and on the ground. Performed search and rescue in boats and checked signals sent out by any boats. Also photographed damage to area by air, with ground crews standing by as needed. They also took the VIP's out by air to view the damage. Floyd Chapin - Not here during the hurricane, but saw a dramatic difference in Forl Lauderdale in a 4- day period. Gerry Sugannan - RSVP volunteered by working in the phone banks. Those who were not members of RSVP, but called to see how they could help, were put to work by Red Cross in various jobs. Got many thank-you calls and got more members as a result of this. Those with medical skills were referred to the Board of Health. Gerry is also a member of CERT. Vineyards has CERT people for each of their 48 subdivisions. They checked on all houses before the storm to see if they had loose items that could be debris, and then checked again after the storm. Per Jim V., RSVP moved their day-to-day office prior to Wilma to Station One. It was critical for us to have that space during the storm. ESC Update Per Jim V., we were given permission to re-site the ESC to the Lely properly. We are excited and anxious to get started on this. Need to get site plan moved and re-engineered and get the building permits issued. We will hold a number of neighborhood meetings for the folks in the Lely area. Already, people are making noise about the ESC being sited there. Concern that there is some opposition that is gaining some interest with the Commissioners. Please help to keep this in the forefront of the Commissioners so there won't be any further delay. It is difficult for us to handle emergencies in the constrained facilities we have currently. It hinders our ability to handle an emergency because we don't have the people we need, due to the lack of space. We hope to break ground this summer with a 2-year building period (in time for the 2008 hurricane season). One area opposing it is outside the neighborhood - they are afraid they will see the building. The community needs to know that we need this ESe. Jennifer Belpedio asked ifthere was any zoning that will go before the BCC. Per Jim, no, the properly is zoned and no Board approval is required. We are going to them and the Planning Commission as a courtesy. There are no restrictions, as the County owns the properly and allows this. There were no objections to the 30-day notice posted. Commissioners want us to do this outreach, which we have scheduled and will do. There seems to be an underlying current and obstacles to breaking ground on this, which is a concern. Jim will keep the Citizen Corps posted via email regarding this project. 16 Ie 4 .:.; ~~ Collier County Citizens Corps Advisory Committee November 16,2005 Page 6 Next Meeting! Adiourn Next meeting scheduled for Wednesday, December 21st. October workshop was canceled due to Hurricane Wilma. Will look at holding this workshop during the January meeting. Should have a lot of stats in on Wilma and have the Speakers Bureau out and working at that time. Motion to adjourn meeting at 4:00 p.m. by Floyd Chapin and seconded by Reg Buxton. Approved unanimously. Minutes submitted by Mary Ann Cole. RECEIVED 1)-';' q 1 2005 '" t",.. '" , 161C5 ;(lBld ':ou::ty CCnl!T1l%ioners DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA November 9, 2005 3:30 p.m. Conference Room 610 I. Approval of Agenda II. Approval of Minutes - September 14, 2005 and October 5,2005 III. Staff Announcements A. Community Development & Environmental Services Update - Joe , S~mm / B. Transportation Division Update - Don Scott Fiala l C. Public Utilities Division Update - Roy Anderson Halas_ D. Fire Review Update - Ed Riley Henning_ Coyle __..' IV. New Business Coletta --------- A. Review of Proposed LDC Amendments - C. Fabacher/N. Casalanguida B. Review of Statistics regarding Population, Trends and Development - Joe Schmitt V. Old Business A. Follow-up Report re Attachment of Environmental Information to Engineering Plans - Joe Schmitt 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 - December 7, 2005 (Room 610) - 3:30 p.m. IX. Adjournment Misc. Corr6s: 0118: I 10l'f 101.. . Item': / hI rJC (5) Copies to: 161 r,. ~ovefrl.9, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, November 9, 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 at330 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 George Hermanson Justin Martin Thomas Masters Fred Reischl Herbert Savage MEMBERS ABSENT Marco Espinar Blair Foley Brian Jones Jason Mikes Peter VanArsdale ST AFF PRESENT Jennifer Belpedio, Assistant County Attorney Nick Casalanguida, Project Manager, TransportationIPlanning Stan Chrzanowski, Engineering Review Manager, Engineering Services Catherine Fabacher, Principal Planner, Zoning & Land Development Review Phil Gramatges, Senior Project Manager, PUED Thomas Kuck, Director, Engineering Services Sandra Lea, Executive Secretary, CDES Administration Robert Salvaggio, Fire Review Donald Scott, Director, TransportationIPlanning Patrick White, Assistant County Attorney ALSO PRESENT Len Berringer 1 1 &~eGerS2005 Chairman Robert Mulhere called the meeting to order at 3:35 PM. I. APPROVAL OF AGENDA: On motion duly made by Fred Reischl and seconded by George Hermanson, the meeting agenda was unanimously approved 10-0. II. APPROVAL OF MINUTES - OCTOBER 5. 2005 MEETING On motion duly made by Fred Reischl and seconded by George Hermanson, the minutes of the October 5, 2005 meeting were unanimously approved with the following revision: The reference to "Members Absent" from the October 5, 2005 meeting will be changed to reflect, "Members Excused", Relative to approval of the September 14, 2005 meeting minutes, Mr. Mulhere advised that the revised minutes have not yet been received. m. STAFF ANNOUNCEMENTS A. Community Development & Environmental Services Division Update - J. Schmitt In view of other commitments, Mr. Schmitt was not present There was no report. B. Transportation Division Update - D. Scott Nick Casalanguida, Project Manager, Transportation/Planning, reported that the AUIR Annual Update is being prepared in coordination with CDES. It will be presented for approval to the Collier County Planning Commission in December and the Board of County Commissioners in January. Transportation is also working on the East of 951 Study. Don Scott, Director, Transportation/Planning, distributed and reviewed Transportation's 5-year work program, which reflects new roads that will also affect impact fees and utility costs. He advised that completion of the road projects is anticipated to take longer in view of the costs, noting that impact fees will most likely need to be increased to offset the costs. In response to an opinion expressed by Mr. Disney that the amount ofthe cash contribution that is paid in lieu of sidewalk development is high, Mr. Scott advised that the Florida Department of Transportation determines the amount In response to an observation by Mr. Hermanson that construction ofthe sidewalk may be less 2 16le~~~05 ,< ~. expensive, but more costly in terms of a timely project completion, Mr. Casalanguida commented that this factor is taken into consideration Me Kuck added that the amount is based on the certified engineer's estimate. C. Public Utilities Division Update - P. Gramatges Phil Gramatges, Project Manager, PUED, reported that the Public Utilities Division is currently updating the AUIR and the Master Plan, the laller expected to be available by the first quarter of2006. He noted that the AUIR will reflect all expansions (i.e., Orange Tree) D. Fire Review Update Me Robert Salvaggio, representing Ed Riley, Fire Code Official, was available to respond to any issues. No discussion was necessary. IV. NEW BUSINESS A Review of Proposed LDC Amendments Catherine Fabacher, Principal Planner, presented for approval proposed LDC Amendment 10.03.05 8.8, to change the time of the required notices to be mailed by the Department of Zoning and Land Development Review to property owners within 500 feet of subject property from "no less than 21 days after receipt of a sufficient application" to "no less than IS days after receipt of a sufficient application" On motion duly made by Fred Reischl, seconded by Tom Masters and unanimously carried (10-0), the Development Services Advisory Committee approved the aforementioned LDC Amendment and further recommended its approval by the Board of County Commissioners. Nick Casalanguida presented for approval proposed LDC Amendment No 104.04 regarding the expansion of existing regulations for legally nonconforming properties created through acquisition of property for public use through dedication, condemnation, voluntary conveyance in lieu of condemnation, and the like. He explained that County costs to acquire portions of a lot or parcel for public use, usually for road rights of way, are significantly high in view of costs experienced to bring the balance of the property into compliance with the Land Development Code. The proposed provisions are intended to assure that property owners do not receive a windfall from the County simply to bring their property into compliance when the property owner would otherwise need to do so at some future point in time when they chose to further develop or re-develop the property. He added that the amendment does not require the property owner to conform to code for the unsold property. The County would realize a net savings of approximately $175 million in FY 2006 and approximately 3-5% of the right-of-way acquisition costs in future years. 3 16Jve~os Mr. Mulhere requested staff to review the LDC to confirm that this provision is not already in place. Mr. Disney commented with respect to properties that have no ability to expand. Some buildings are penalized in terms oflong-term detriment as they may no longer be conforming unless they can use the same setbacks that were in place at the time of the original purchase. Mr. Mulhere suggested that a tracking mechanism be instituted for such properties so that they have the ability in the future to expand without being penalized by having to conform to current codes (i.e., additional parking). Mr. Disney added that many of the properties are older and unsightly and need renovated. Although property owners would gladly renovate their property, current codes are too cumbersome and costly Patrick White commented that by doing so, although the property owner has been properly compensated for the right-of-way, the owner would also possess all development rights in terms of density and intensity Following discussion and on motion duly made by George Hermanson, seconded by Justin Martin and unanimously approved, the Development Services Advisory Committee deferred action on the aforementioned amendment until such time that the Land Development Regulation Subcommittee reviews the amendment further at its meeting on November 30, 2005, keeping in mind the distinct difference between large and small parcels in terms of the ability to expand/re-develop in the future and further provide language to attach perpetuity to a parcel when the right-of-way acquisition takes place B. Review of Statistics regarding population, Trends and Development - J. Schmitt Item deferred until December 7,2005. v. OLD BUSINESS A Follow-UP Report re Attachment of Environmental Information to Engineering Plans _ Tom Kuck As a follow-UP to previous discussion regarding the concerns of civil engineers to sign and seal documents which are outside their fIeld of expertise, Mr. Kuck provided two alternatives to the requirement of Environmental Services to include landscape and environmental plans on the cover sheet when submitting site plans and plats. (1) A separate sheet for environmental plans could be provided and resubmitted separately. (2) Include a disclaimer that Engineering Review does not certify environmental plans. Following a brief discussion, it was agreed that a separate submittal of environmental plans is the preferred option. Jennifer Belpedio will follow-UP re amending the Administrative Code In the interim, the Committee requested that Joe Schmitt 4 16 Jovfbe~, 2005 prepare a memorandum confirming that separate environmental submittals will be accepted. VI. SUBCOMMITTEE REPORTS A. Land Development Regulation No meeting. S. Budget and Operations Subcommittee No meeting. C. Utility Code Subcommittee No report. VII. COMMITTEE MEMBER COMMENTS Mr Mulhere announced that Patrick White tendered his resignation from Collier County, his last day being December 2,2005. Members of the Committee expressed their gratitude to Mr White for his exceptional service and extended best wishes for future success. Mr Herbert Savage announced that his term on the Development Services Advisory Committee expires in December, 2005 and expressed his sincere pleasure in serving on the Committee. He will "miss being a part of the group" On motion duly made by Robert Mulhere, seconded by George Hermanson and unanimously approved, the Development Services Advisory Committee recommended that Joe Schmitt arrange for the recognition of Herbert Savage by the Board of County Commissioners regarding his service on the Development Services Advisory Committee. Mr Disney reported that Mr. Nick Hale, color consultant, has prepared a color chart for the County. Once the chart has been reviewed by the appropriate staff, it will be presented to the Committee. He added that the chart should be a significant improvement and addition to the LDC. VIII. NEXT MEETING DATE The next meeting ofDSAC is scheduled on Wednesday, December 7,2005 at 3:30 p.m. in Conference Room 610. The meeting adjourned at 445 p.rn. 5 16 , XenSr 9, 2005 COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman Robert Mulhere 6 12/20/2005 16:23 5307775 COlllE~~OUNTY 1 6 I C 6 BOARD OF COUNTY COMMISSIONERS ~ PAGE 02/23 Domestic Animal Services Advisory Committee January 18, 2005 6:30 pm NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. 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 FACILmES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-11380 ,. Call to Order 2. Attendance 3. Approval of Agenda 4. Approval at Minutes: November 16, 2004 5. Director/Staff Report 6. Old Business a. Chameleon link to Petfindercom b. Volunteer Program c, Spay Neuter Contract 7. New Business a. Spay Neuter Bus Funding b. Clinic Needs c. DAS Foundation d. Advisory Board Attendance Policy 8. Public Comments 9. Advisory Board Member Comments 10. Adjourn The nex/ meeting of the DAS Advisory Board is schedUled for 6:30 pm, Febmary 15, 2005 at Domestic Animal Services Misc. Con'as: Date: J fa Lf /olA I ltem#: /IPId.C (/0) Copies to: 12/20/2005 16:23 5307775 DA5 16 I C .e t' COLLIER COUNTY . .~. BOARD OF COUNTY COMMISSIONERS ~ PAGE 03/23 Domestic Animal Services Advisory Committee February 15, 2005 6:30 pm NOTICE: AU. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPeAKING. All REGISTERED PUBUC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINlJT'ES UNLESS THE llME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABIUlY WHO NEEDS ANY ACCOMMODAllON IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COWER COUNTY FACILmES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIl, NAPLES, FLORIDA, 34112, (239) 774-&380 1. Call to Order 2. Attendance 3. Approval Of Agenda 4. Approval of Minutes: Janlmry 18, 2005 5. Director's Report 6. Old Business a. Spay Neuter Contn!lct b. Clinic Needs c. DAS Foundation 7. New BuSiness a. Advisory Board Uaison Training b. Outstanding Member Nomination Forms c. Tape on Sunshine Laws 8. Public Comments 9. AdVisory Board Member Comments 10. Adjourn The next ~ng of the DAS Advisory Board Is scheduled for 6:30 pm, March 15, 2005 at Domestic AnifT1il1 Services 12/20/2005 16:23 5307775 DAS 16rC6 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS ~ '" , PAGE 04/23 Domestic Animal Services Advisory Committee March 15, 2005 6:30 pm NOTIcE: ALl.. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. 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 COWER COUNTY FACILIT1ES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIl, NAPLES, FLORIDA, 34112. (239) 774-8380 '. Call to Order 2. Attendance 3. Approval of Agenda 4. Approval of Minutes: February 15, 2005 5. Director's Report 6. Old Business a. Resignation of Ms. Linda Kramer b. DAS Auction Results 7. New Business Presentation by Bill Franz, Community Foundation 8. Public Comments 9. Advisory Board Member COmments 10. Adjourn The next meeting of the DAS Advisory Board is schedl./led for 6:30 pm, April 19. 2005 at Domestic Animal Sfirvices 12/2e/2ee5 16:23 53e7775 DAS 16IC~"; PAGE 12/23 COLf .TER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE March 15, 2005 Meeting was called to order at 6:40 PM and concluded at 6:41 PM. PRESENTATION WAS GIVEN TO THOSE IN ATTENDANCE MARCH J5, 200~ A prer;enttltio" _ Jliw:n by Mary GelJrge, Preside,., and Chief Executi\'e OjJiC~7 for tire Ch_nity FtHlttdation '?f (.ollier c.ounty: . A non-profit Foundation for 20 years · Leadership Training - Non-profit management programs · Grants awarded · Connect donors to the caU5CS of their choice · Offers the Administrative Services . Endowment · Donations are accepted and set-up into 8 fund . Can take 3 years to build up fund ofSl 0,000 to start · Can be invested for an endowment fund or choose 8 non-endowment fund · Fee to use funds going in and out is 2% (pass-through) Charged quarterly-not on activity. · Questions asked concerning the $10,000 balance and 50] C3 status. · All grants are approved by the Foundation Board making sure they are going for charitable work. · The Foundation itself is a 501 C3. The donor is making a contribution (0 the 501 C3 and gets the full benefit of the contribution. (Honors donor intent of the contribution) · Advantage of using the Foundation is the relief of Administrative duties & flexibility - advantages and disadvantages discussed concerning the 2% fee and administrativc duties. (Forms & paperwork of setting up a 501 C3 discussed) . Has a Fund ^grecment (Mission Statement) · Do donor educational events · Planned giving - gi.fts Sel-up for particular purpose . Endowed fund - can'\ draw on assets . Strategic workshops held, donor cducational events, volunteer management, fund raising etc. . Covered the procedure and steps to take to proceed ..."." Set up Agreement Form through Public Services Division. 1 12/20/2005 16:23 5307775 DAS 161C6.! J'j~:;. PAGE 13/23 Director's Report to the Domestic Animal Services Advisory Board 3/15/05 DAS Auction: Auction was held 3/12/05 at the DAS Trmnokalee Farm. 42 animals were sold. Approximately 70 people attended and a profit of$2800 will be forwarded to the Clerk of Courts. DAS will also be requesting a reimbursement for costs associated with holding the animals. SART/DART Training: 3 DAS employees attended the State Agricultural Response Training, which was held in Kissimmee, FL. March 2-4,2005. The training dealt with responses to biological attacks and agricultural emergencies. 3 DAS employees also attended the Disaster Area Response Team training. Topics discussed included hurricane preparedness, safety training, animal first aid, and ESF 17 networking. CANINE BORDETELLAI FELINE RHINO COULICI'VACClNES: DAS will begin a test program in which we will vaccinate all dogs for bordetella and a test group of cats with a nasal vaccine for rhino coulici. Vaccines has been ordered and vaccinations should begin within the month. DONA nON BY LEL Y STUDENTS: DAS received a generator and $100 gift certifi cate from the students of Lely High School. Donation was received during the filming of the latest Happy Tails Segment. Students then volunteered to assist with animals handling for the show. ACO AREA RENOV A nON: Cubicles is the Animal Control Officer area have been removed and countertops are being installed to accommodate all officers. Currently we have 12 officers and 1 ACO Supervisor slot. The counters will allow officers to share a COmmon space on an as needed basis, EUTHANASIA TRAINING: ACO Supervisor Dana Alger and I attended euthanasia training in Lee County so we can teach our own program in-house. Scott TreboWloski, Lee County Animal Control Director was kind enough to provide training for us. DAS ADVERTISEMENTS: DAS radio ads are being scheduled for 103.9 (]4+), 96.1 (Male 26-50), 99.6 (M-F 25-45) and ]06.3 (srnoothj= 25+). The ads will promote spay/neuter, DAS Adoptions, and Licensing. Quarter page print ads will also be purchased in the NDN on a quarterly basis. HUMANE SOCIETY MOU: Initial talks with the Director of the CC Humane Society to see if we could partner for hurricane preparedness. Direction from the DAS board is requested if we should pursue this avenue. DAS SPAYINEUTER STOREFRONT: We are currently gathering figures to get a cost estimate of the lmmolcalee Spay/Neuter Storefront. Personnel, equipment, vehicle and supplies cost are being finalized, however, we still need to get prices for a storefront. 12/20/2005 16:23 5307775 DAS 161 t 6 .. .) PAGE': 14/23 :ti ;<' Depending on prices, we may look into the cost ofa portable building, which we can locate at our lmmokalee facility. .EMPLOYEE HEALTBlTRAINlNG: Beginning next week employees will begin their pre-exposure rabies vaccinations. DAS officers will also be getting Tetanus shots and CPR training. 12/20/2005 16:23 5307775 DAS 16JC6 PAGE OS/23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~. Domestic Animal Services Advisory Committee April 19, 2005 6:30 pm NOTICE: ALl PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. ALL REGISTERED PUBUC 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 ACCOMMODA nON IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLUER COUNTY FACILmES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIl, NAPLES, FLORIDA, 34112. (2391 n4-8380 1. Call to Order 2. Attendance 3. Approval of Agenda 4. Approval of Minutes; February 15, 2005 5. Director's Report 6. Old Business a. Resignation of Ms. Linda Kn!lmer b. DAS Auction Results 7. New Business Review of Community Foundation Literature Review of Draft DAS Euthanasia Policy Discussion of Alternatives to Spay/Neuter Bus 8. Public Comments 9. Advisory Board Member Comments 10. Adjourn 12/20/2005 16:23 5307775 DAS 161C6 PAGE 06/23 COWER COUNTY BOARD OF COUNTY COMMISSIONERS ~ Domestic Animal Services Advisory Committee June 21, 2005 6:30 pm NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA rrEM MUST REGISTER PRIOR TO SPEAKING. AU. REQIlSTERED pUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE l1ME 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 FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIl, NAPLES, FLORIDA, 34112, (239)774--8380 1. Call to Order 2. Attendance 3. Approval of Agenda 4. Approval of Minutes: April 19, 2005 5. Director's Report a. DAS Stats b. Security System c. Hurricane Preparedness 6. Old Business a. DAS Foundation b. Immokalee Clinic c. DAS Advisory Board Vacancy 7. New Business a. Draft DAS Policy on Bite CaseIDangerous Animals b. Draft DAS Policy on Community Service Workers c. DAS Budget for FY05l116 d. Dogs Night Out/51h Ave. Association 8. Public Comments 9. Advisory Board Member Comment& 10. Adjournment 12/2~/2~~5 16:23 53~7775 DAS 161C 6 ~i PAGE ~7/23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ Domestic Animal Services Advisory Committee July 19, 2005 6:30 pm NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. 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 ENTm.ED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILmES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380 1. Call to Order 2. Attendance 3. Approval of Agenda 4. Approval of Minut8S: J~ne 21, 2005 5, Director's Report a. DAS Stats 6. Old Business a. DAS Foundation/Dogs Night Out Fundra;ser b. Spay/Neuter Workshop c. DAS Advisory Board Vacancy 7. New B~sineea DAS Auction - 7/3012005 8. P~bllc Comments 9. Advisory Board Member Comments 10. Adjournment 12/20/2005 16:23 5307775 DAS 161 C 6 PAGE 08/23 COLUER COUNTY BOARD OF COUNTY COMMISSIONERS -:'l .~ Domestic Animal Services Advisory Committee August 16, 2005 6:30 pm NOTICE: ALL PeRSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. ALL REGISTERED PUBUC SPEAKERS WILL RECEIVE UP TO FIVE (51 MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AIff ACCOMMODATION IN ORDER TO PARTlCIPAn;: IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLUER COUNTY FACILfTlES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA" 34112, (239) 77~380 1. CalHo Order 2. Attendance 3. Approval of Agenda 4. Approval of Minutes: July 19, 2005 5. Director's Report a. DAS Stals 6. Old Business a. Spay/Neuter Workshop (9/22/05) c. DAS Advisory Board Vacancy Update d. DAS Auction e. Emergency Preparedness Update 7. New Business a. Spay Neuter Day (10/5/05) b. Christmas Pet Photos 8. Public Comments 9. Advisory Board Member Comments 10. Adjoumment Next Advisory Board Meeting is scheduled for September 20, 2005 12/20/2005 16:23 5307775 DAs161l:6" , PAGE 15/23 August 16, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE Naples, Florida, August J 6, 2005 LET TT 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 Ms. Karen Acquard Sergeant David Estes Ms. Jennifer Hawke Mr. Tom Kepp, JR. Ms. Susan Weiss (Absent) ALSO PRESENT: Margo Castorena, Director ofDAS Nan Gerhard - Shelter Operations Manager 12/20/2005 16:23 5307775 DAS 16 'C 6 .' PAGE 16/23 August 16,2005 1. The meetln& was called to order by Chairman Dr. Eisel at 6:40 PM. 2, Attendance: A quorum was established. 3. Approval of Agenda: Add: Under New Business: Community Animal Control at night. Karen Aequard moved to approve the Agenda as amended. Second by Jennifer Hawke. Carried unanimously 5-0. 4. Approval of Minutes: July 19, 2005 Sergeant Estes moved to approve the minutes of July 19, 2005. Second by Karen Acquard. Carried unanimously 5-0. 5. Director's Report a. DAS Stats - Attached Report is as follows: · V olunteCll' Handout - 69 Volunteers with 658 hours · 168 Adoptions · Clinical Managerll will attend the SpaylNeuter Workshop · Various statistical items were explained 6. Old Business: a. SpaylNeuter Workshop (9/22/05) Letter!! have been sent out to the various organizations. It will be held at OAS and is advertised on the Website. Some of the ideas from thc Committee for items of discussion to add to the Agenda are as follows: · Public Awareness (fdeas for media coverage) · SpaylNeutcr Day · Funds fur Advertising · InfolTDation from other Organizations on prcsentations and goals · Drug Representatives/pricing etc. Any other ideas should be presented to Margo Castorena, Director. b. DAS Advisory Board Vacancy Update This will be votcd on at the September meeting. Let Margo know if anyone has someone interested as the Animal Activist position. The position will be recommended to the BCC for the approval. c. DAS Auction The Auction was successful- 9 animals total (horses, goats and pigs) $2,400 went into the General Operating Fund. The Collier County Animal League was thanked fur their help and generosity. d, Emergency Preparedness Update It has been approved for construction of an underground cable for a semi- Iractor/trailer to plug in for emergency back-up. 2 12/20/2005 16:23 5307775 DAS 161C6- '. PAGE' 09/23 {'. .iJ COlliER COUNTY BOARD OF COUNTY COMMISSIONERS ~ Domestic Anima' Services Advisory Committee September 20, 2005 6:30 pm NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. 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 T~AIL, NAPLES, FLORIDA, 34112, (239) 774-8380 1. Call to Order 2. Attendance 3. Approval of Agenda 4. Approval of Minutes: August 16, 2005 5. Director's Report a. DAS Stats/Facilities/News b. HSUS Disaster Relief Fund Bake Sale 6. Old Business a. Spay/Neuter Workshop (9/22/05) b DAS Advisory Board Vacancy Selection 7. New BUSiness None 8. Public Comments 9. Advisory Board Member Comments 10. Adjournment Next Advisory Board Meeting is scheduled for October 18, 2005 12/20/2005 16:23 5307775 DAS 161C6.r PAGE 10/23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ -- Domestic Animal Services Advisory Committee October 18,2005 6:30 pm NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPeAKING. 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 LOCATEO AT 3301 EAST TAM/AMI TRAIL. NAPLES, FLORIDA, 34112, (239) n4-8380 1. Call to Order 2. Attendance 3. Approval of Agenda 4. Approval of Minutes: September 20, 2005 5. Director's Report a. DAS StatslFacilities/News/Calendar 6. Old Business a. Introduction of Gary Young b Katrina Report c, Dogs Night Out on Fifth Ave 7. New Business a. New rabies vaccination lawlordinance b. DAS auction 10/29105 8. Public Comments 9. Advisory Board Member Comments 10. Adjournment Next Advisory Board Meeting is scheduled for November 15. 2005 12/2B/2BB5 16:29 53B7775 DAS 161 C 6~, October tg, 2005 PAGE 19/23 TRANSCRIPT OF THE MEETING OF COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE Naples, Florida, October] 8, 2005 LET IT BE REMEMBERED, that the Collier County Domestic Animal Services Advisory Committee in and for the Cotmty 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 tbe following members present: CHAIRMAN: Dr. Randall Eisel Karen Acquard Michele Antonia Sergeant David Estes Jennifer Hawke Tom Kepp, Jr. (Excused) Susan Weiss .Corrections will be made at the meeting ALSO PRESENT: Margo Castorena, Director ofDAS Nan Gerhard - Shelter Operations Manager Gary L. Young - Operations Coordinator Meryl Rorer- Volunteer Coordinator DAS 1 12/20/2005 16:29 5307775 DAS 16 ,. C 6<1 PAGE 20/23 OCtober] 8, 2005 1. Call to Order The meeting was called to order by Vice Chairman Susan Weiss at 6:39 P. M. 2. AttendaKe: A quorum was established with Tom Kcpp being excused. (Dr. Eisel arrived at 7:Q3 P.M) 1. Approval ot Acl 111 da: Jennifer ....lie moved to approve the agenda. Second by Karen Acquanl. Carried n....._.1y 5-0. 2. Approval ofMiR.teI: September 20, 200s Change under "Old Business" from Antonio to Antonia in spelling of Michele Antonia's name. David Estes moved to approve tbe minutes of September 20, 200S as amended. Second by Jennifer Hawke. Carried unanimously 5-0. 3. Director's Report: Margo Castorena a. DAS Stats-(Attacbed) o Review ofpackage 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 Pet:tinder-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 germs and purify air) to be 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 I sheriff monitoring o DAS meeting room converted to media center for training opportunities for public and staff. Also fur disaster response o Vet!tech response clinic at Veterans Park o Construction of Operations Coordinator office and training area, converting back area 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 stnrcture !hours of openttions 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 ofScoU: Kostelnik as Vet. Tech finalized 2 12/20/2005 16:29 5307775 DAS 16 I C 6+'., P~E October-t~, 2005 21/23 d. Calendar: 10/26 10/30 ] 1/5 11/]9 Dogs Night Out DAS Auction Christmas Pictures VSA Shot Clinic 6. Old 8usinesl= a. Tntroduction of Gary Young, Operations Coordinator b. KatrinaRc:port-Fund took in $6,132 and a $2,000 from a county employee estate being designated to DAS. Legal questions regarding funds given to Comnnmity Foundation; set up ofTrnS! Fund under Clerk of Courts. No more money is being put into the Foundation. Created Special Master Ordinance. Issues to be taken up on ] 0/25/05 BCC Agenda. c. Dogs Night Out -Meryl Rorer gave report on activities and events planned: radio and media coverage, gift certificates, business contributions, restaurant happy hours, raffle, sheller dogs fashion show and chinese auction. She acknowledged both Michele Antonio and Susan Weiss for contributions from their businesses. 7. New Business: a. Margo ClIlItorena offered new information about the rabies vaccination law and ordinance revision. To go into effect Jan. ], 2006. 3yr. rabies vaccination and 1 yr. license. Discussion followed. DAS recommends choice for both a 3yr and a 1 yr. Also standardized rabies vaccination certificate among all Vets. b. Nan Gerhardt spoke on DAS Auction -moved from 10/29/05 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 8 Katrina or Rita type stonn. Problems ofrepeated litters, feral cat.'I, spaying moms oflitters, 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 stated that the committee's job is to carry out the mission ofDAS. She will provide copies of Article 14 under Ordinance for governing DAS at next meeting. She empha.~ized that DAS is a County Agency for stray, homeless and abandoned animals. Information and refen-a.ls can be given out once cats are brought in. 3 12/20/2005 16:29 5307775 DAS 16 1 C 6 ..~ PAGE 22/23 October 18, 2005 8. Public ComlDellb: SPEAKERS: Tina Bland, Animal Compassion Proj~ spoke on ways to gel information out to cornrnunity and ways to stop the cycle of repeat cat litters being brought in, especially feral cats. Asked ifDAS could distribute infurmation when they know that litters are feral cats, such as trap and fix flyers, etc. Some people, out of compassion, are feeding but take no responsibility and repeatedly bringing in litters. Some rescue and bring in, Numbers getting out of control. Jennifer Hawke - asked if people know most cats will be euthanized and could infonnation be posted in differcnt places. Nan Gerhardt- staled they will be left in wild or taken to Humane Society if made to feel guilt that animals may be euthanizcd, Susan Weiss -suggested merchants could put information on bags about spay and neuter options. (Jennifer Hawke left at 7:50 PM) Margo Castorena- stated that once brought in. DAS can give out information for spaying and ncuter, adoption and provide resources for future situations. She noted the challenge is leash law obligations and to work under code compliance laws. County Agencies operate differently than private organizations. The nced is for the humanitarian agencies and community to talk about, unite and take action to institute solutions to stem the flow. Maybe even need to change the ordinance which is strictly regulated in county with laws and budget constraints. Efforts may be better diteL1ed to private humanitarian and animal activist agencies rather than County Agencies. 9. Advisory Board Member Comments David .Estes- Ordinance is in place and that's what we have to live by; but sometimes it also makes job difficult. Spay and neuter is still complex and dynamic thing to deal with and needs continued effort. Dr. Eisel- Agreed that issue is frustrating and a big problem. Notes that DAS has other issues to deal with besides spay and neuter. Wants to help make Margo's job easier to fulfill the mission of DAS, which is control of stray populations. Things take time. Looks at Board as being on a journey, not a marathon. Susan Weiss- Disappointed and frustrated with all talk of spay and neuter since creation of Board; has not advanced much with solutions. It's not going away and issue needs to be dealt with, for health of the population ofCo]ljer County as well as the animals. Karen Aquard-Idealism of Board cannot change everything; but need to work within the narrow confines oftbe Jaw. Need to worlc: with private agencies. Board is limited in spcnding funds and has no freedom to institute programs without okay from BCe. 4 12/20/2005 16:29 5307775 DAS 161 C 6' PAGE 23/23 OctoberJ8,2005 Working to improve DAS building and operations ofDAS agency has come a long way through this Board. IIDd having the animals well taken care of Michele A~ - One thing that can be done is to let those who bring in animals that DAS provides traps to Ieod out. TheD they can get spayed through own vet and get VSA Certificate. (Margo responded that they will show how to bait and trap and will pick up animal in trap or they can take to their own Yd.) Michele stated that it's also an opportunity to tell about spay and neuter as well as VSA Shot Clinic. Michele told the group that she did adopt a dog from Animal Control and complimented Animal Control Officer William George on his help with the process. She also recommended that signs be available-- saying, "I was adopted from DAS", for dogs at Dogs Night Out. Margo reminded everyone of the VSA Shot Clinic Dr. Eisel thanked everyone for all their hard work. There beiog DO further business for the good ofthe County, the meeting was adjourned by the order of the Chair at 8:04 P.M. ************ COLLIER COUNTY DOMESTIC ANIMAL SERVICES Chainn.n Dr. Rand'" Eisel s 12/20/2005 15:23 5307775 DAS COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ 161C6 PAGE 11(23 Domestic Animal Services Advisory Committee November 15, 2005 6:30 pm NOTICE: ALL PERSONS WISHING TO SPEAK ON Am AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. ALL REGISTERED PUBUC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON Willi 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 COLUER COUNTY FACIUTlES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIl, NAPLES, FLORIDA, 34112, (239) 774-8380 1. Call to Order 2. Attendance 3. Approval of Agenda 4. Approval of Minutes: October 18, 2005 5. Director's Report a. DAS StatslFacilities/NewslCalendar 6. Old Business a, Introduction of Brenda Salinas b. Reschedule of Dogs Night Out on Fifth Ave. c. DAS Auction 10129105 7. New Business a. Meridian Ad Campaign 8. Public Comments 9. Advisory Board Member Comments 10. AdjOurnment Next Advisory Boarr:J Meeting is scheduled for January 17, 2006 16 Ie 7 f~ November 2,2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL D Naples, Florida, November 2, 2005 "j ')(';::?", L ",,\)V) :::,-':,',;:,;';)n~'lr~ LET IT BE REMEMBERED, that the Environmental Advisory Council 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 membe*s . . Fiala present: Halas - ' Henning Coyle v / _. Coletta -U----- CHAIRMAN: William Hughes Terrence S. Dolan Lee Horn Judith Hushon Irv Kraut Erica Lynne Nick Pennirnan- Excused Michael V. Sorrell- Absent ALSO PRESENT: Susan Mason, Senior Environmental Specialist Steven Griffin, Assistant County Attorney Stan Chrzanowski, Planning Review 1 Misc. Corres: Dale: J / 84 /o~ I Item#: /J~I:}C (7) Copies to: 16 I C1!j Iii . November 2, 2005 I. Meeting was called to order at 9:04 AM. II. Roll Call Roll call was taken with Nick Penniman being excused. A quorum was established. III. Approval of Agenda Dr. Hushon moved to approve the agenda with the addition of "Marisol". Second by Dr. Lynne. Carried unanimously 6-0. IV. Approval of October 5, 2005 Meeting minntes Dr. Lynne noted on page 7 her point of implication was the need for peer reviewed scientific literature when Bald Eagle Plans are presented, not merely studies performed by government agencies that have been called into question. Dr. Hushon addressed page 2 section 4 that should have read "Dr. Hushon", along with page 4 that should have read "Wolf Creek PUD". The motion made on page 8 under "Sabal Bay" was discussed; it was concluded that the motion was complete as read but it will be looked into. Dr. Hushon moved to approve the October 5, 2005 minutes with changes. Second by Mr. Dolan. Carried unanimonsly 6-0. V. Environmental Advisory Council Absences VI. Land Use Petitions A, Rezone No. RZ--2005-AR-7276 "Briana Breeze Subdivision" Section 4, Township 51, Range 26 - All those testitying were sworn in by Mr. Griffin. - No disclosures addressed. Chris Thornton gave a presentation including the following points: o Introduced presenters. o Due to the location of the property the owner has agreed to limit the density of the project to 2.2 units per acre. o 25% preservation of native vegetation on site is required by the Comprehensive Plan. o The property had been illegally cleared by previous owner. o Demonstration of anticipated layout. 2 161 G 7 ... November 2,2005 . No listed species on site. Tim Hall addressed one of the picture maps showing 75% exotics being a mistake. Ms. Mason noted the County ranking showing high quality wetlands taking priority over uplands; if they are low quality, the uplands would take precedence. Mr. Dolan moved to approve Rezone No. RZ-2005-AR-7276 "Briana Breeze Subdivision" Section 4, Township 51, Range 26 with staff recommendations. Second by Mr. Kraut. Carried unanimously 6-0. B. Conditional Use No. CU-2005-AR-7749 "Living Word Family Chnrch" Section 30, Township 48S, Range 27E - All those testifYing were sworn in by Mr. Griffin. - No disclosures addressed. Lanra Herrero, Johnson Engineering gave a presentation including the following points: . Introduced presenters. A conditional use is allowed. Demonstration of area on map. Water levels on site are lower than expected for the type of system. Total wetland avoidance is not practical. No indication of listed species utilization. Wetland limits have been reviewed and approved by South Florida Water Management on October 12th Unified Mitigation Assessment Method for the functional analysis has been reviewed and approved for existing conditions. Staff recommends E.R.P. permits acquisition prior to site development. . . . . . . . . Laura Spurgeon noted the 5 acre tracts off the boundaries of the land have not been platted. Larry Harris, Johnson Engineering addressed questions including the following points: . A 20ft. limit on the depth of the ponds. . Addressed driveway. 3 16JC7. November 2, 200:(<. Laura Spurgeon mentioned the Church seating 500 persons with offices and no school. Mr. Harris addressed underground line connection projected for 2008- 2009. Mr. Hughes expressed concern for flooding, chemistry control, and licensed professionals performing work. Ms. Herrero noted the installation of 2 wells to monitor water levels. As of October 19th the water level came above ground twice. Dr. "ushon moved to approve Conditional Use No. CU-2005-AR-7749 "Living Word Family Church" Section 30, Township 48S, Range 27E with staff recommendations. Second by Mr. Kraut. Carries unanimously 6-0. C. Site Development Plan No. SDP-2003-AR-4620 - Continued from October 5 Meeting "41 T Corporation Industrial Facility" Section 10, Township 48 South, Range 25 East - All those testifYing were sworn in by Mr. Griffin. - No disclosures addressed. Clayton Miller, Coastal Engineering gave a presentation including the following points: . Major power lines run through the property. . Wet lands and are being preserved. . There will be a storage area for concrete. . The business is recycling inert construction materials. . Two surveys were performed, the later demonstrated one listed species plant, with the recent not showing any indication. . Demonstration of project location and layout. Material storage visibility discussed. Mr, DeRuntz noted requirements for buffers between residential and non residential properties. The plantings would be 15 feet on center. Mr. Hughes expressed concern about noise levels of machinery. Mr. Miller said that the intent is to have a permanent facility which does not create the noise that a temporary crushing facility would. The anticipated truck traffic would run 6-8 trucks a day. 4 16/C7) November 2, 205'1' Mr. Hughes feels that it is smart to have materials recycling. Dr. Lynne expressed concern about the listed plant species due to the nature of the plant going dormant underground. Recessed at 10:03 AM reconvening at 10: 12 AM. Andy Woodruff was sworn in by Mr. Griffin. Mr. Woodruff gave a presentation including the following points: . Curtis's Milkweed does go dormant; there is no determination to say the plant is not still there. . A follow up survey can be performed, if it is found they can relocate it. . The plant prefers disturbed areas. Dr. Lynne would like to see an expert in Curtis's Milkweed; such as Maria Minno that can be reached at 904-375-3028 from Gainesville, be contacted to make recommendation on one plant being genetically significant, how to assess its existence, and how it can be protected. The listed species can be relocated to a different location on site as noted by Ms. Mason. Other agencies need reports that will not be in for a while, so there will be enough time for this to come before the Environmental Advisory Council again. David Weston, Coastal Engineering is looking to have the business start up, at least in the front end of the property. Dr. Hushon moved to approve the first phase of development for Site Development Plan No. SDP-2003-AR-4620 - Continued from October 5 Meeting, "41 T Corporation Industrial Facility", Section 1 0, Township 48 South, Range 25 East consistent with staff recommendation #1, returning with FWS, FWC, and a Curtis's Milkweed Expert reports before proceeding with phase two. (Open discussion on motion by Board Members and Presenters) Dr. Hushon then added on staff recommendations 2, 3, and 4. Second by Mr. Dolan. Carries unanimously 6-0. D. Planned Unit Development No. PUDZ-A-2004-AR-6417 "1-75/Alligator Alley PUD" Section 34, Township 49 South, Range 26 East - All those testitying were sworn in by Mr. Griffin. 5 16' C 7 November 2, 2005 - No disclosures addressed. Robert Dwayne gave a presentation including the following points: . Introduction of presenters. . 40 acres were originally zoned commercial. . Hydrology of property is not ideal. . Property was planted on several times, each time failing due to the hydrology. . Offsite mitigation. . 6.12 acres will be replanted. Kenneth Passarella gave a presentation including the following points: . Property was previously permitted. . Mitigation plan was developed in the 1980's. . Soil conditions are inappropriate for plantings. . A TV vehicles continued to utilize the area. . South Florida Water management would like to mitigate off site. . Required native vegetation will be maintained. Jerry Neal gave a presentation including the following points: . Demonstration of water discharge on maps. . Reconstruction of weir. . Reviewed elevations. Mr. Hughes suggested adding a retention pond, with Ms. Mason mentioning that lakes can not be part of a preserve. Dr. Lynne moved to approve Planned Unit Development No. PUDZ- A-2004-AR-6417, "I-75/AlIigator Alley PUD", Section 34, Township 49 South, Range 26 East with staff recommendations along with the preserve area being fenced in accordance with County requirements at least until the native vegetation has been reestablished and self perpetuating. Second by Mr. Dolan. Carries unanimously 6-0. VII. Old Business A. Update members on projects No projects have gone before the Board of County Commissioners for final hearing. VIII. New Business A. Outstanding Advisory Committee Member Nominations 6 "" 161.~ =7 . ..:;.~ " November 2, 2005 None B. Marisol Project Dr. Hushon would like to make some recommendations to further protect the environmental areas. Stan Chrzanowski noted that the master plan has been approved and is in existing zoning. He will invite Marisol presenters along with Brad Cornell to make a presentation before it goes to the Board of County Commissioners. Mr. Griffin mentioned that Brad Cornell had filed a public petition with the Commissioners. The Commissioners felt that it warranted enough reconsideration that they wanted to hear it as a full agenda item. The Environmental Advisory Council can review or consider the subject. The petition was to look at what comments the Army Core had offered. Barbara Burgeson added that if this Council hears the presentations before the Board of County Commissioners then with a 5 or more member vote a formal recommendation can be made to the Commissioners; it will not go through the normal process. IX. Council Member Comments None X. Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:18 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 7 16JC 7 ENVIRONMENTAL ADVISORY COUNCIL l:'~.'\ U AGENDA December 7, 2005 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor i~!l' i ;;..,:,..,:',,;-1:,(,,:::, I. Call to Order II. Roll Call Fiala ~~ Halas _._~_ Henning__ . _ Coyle _ Coletta_.~ III. Approval of Agenda IV. Approval of November 2, 2005 Meeting minutes V. Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development no. PUDZ-2003-AR-4991 "Rockedge PUD" Section 23, Township 50S, Range 26E VII. Old Business A. Update members on projects VIII. New Business A. Outstanding Advisory Council Member Nominations IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ************************************************************************** ****************************** Council Members: Please notifv the Environmental Services Deoartment Administrative Assistant no later than 5:00 D.m. on Oecember 2. 2005 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina on a Detition (403-2424 or cherirollinsllilcollieraov.netl, General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Misc. Corm: Date: Item #: Copies to: 16JG7 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF December 7, 2005 I. NAME OF PETITIONER/PROJECT: II. PUDZ-2003-AR-499I "Rockedge RPUD" Woodfield Builders, LLC RWA Consulting, Inc. Fiala Passarella and Associates, In<Halas Henning Coyle Coletta . The site is located on the east side of Collier Boulevard (C.R.) 951, approximately 6 tenths of a mile south of intersection with Rattlesnake Hammock Road and has access from Amity Road, in Section 23, Township 50 South, Range 26 East Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: LOCATION: III. DESCRIPTION OF SURROUNDING PROPERTIES: The subject property is bordered by C.R. 951 (Collier Boulevard) to the west then an undeveloped portion of Lely Resort PUD, developed single-family residential parcels, John's Road then Travel Trailer and Recreational Vehicle Campground, 170- foot wide Florida Power and Light utility easement, undeveloped acreage for the future Collier Regional Medical Center and undeveloped wood lands to the north, developed residential and undeveloped parcels to the east, and nursery, developed residential and undeveloped parcels and a 170- foot wide Florida Power and Light utility easement to the south. ZONING DESCRIPTION N- Agricultural (A), Travel Trailer and Recreational Vehicle Campgrounds (TTRV), Collier Regional Medical Center PUD Developed single- family residential parcels, travel trailers and recreational Vehicles, l70-foot FP&L easement, undeveloped acreage for the future Collier Regie. ~al Center, Date: Item VIA .D '.< ~I_',;, +H;., /;; ~/ v' l...:'_ ltem#: Copies to: 16/C7 EAC Meeting .':'" Page 2 of 8 S- Agricultural (A) nursery, single-family residential, undeveloped wooded parcels and 170- foot FP&L utility easement E- Agricultural (A) Undeveloped wooded parcels and developed single-family residential parcels w- R.O.W. then Lely Resort PUD C.R. 95 I (Collier Boulevard) then undeveloped wooded acreage of Lely Resort PUD, IV. PROJECT DESCRIPTION: The subject property consists of 76.46 acres and is located on the east side of Collier Boulevard (C.R. 951), approximately six tenths of a mile south of intersection with Rattlesnake Hammock Road. The property is designated Urban, Mixed Use District, Urban Residential Fringe Subdistrict, as in the surrounding land on the east side of Collier Boulevard. The existing lands uses on the site include: unimproved roads and both disturbed and forested land. The PUD Master Plan sets forth 25.32 acres of Preserve areas, including 21.86 acres of wetland preserve and 3.46 acres of archeological preserve areas. The RPUD property contains 65.54 acres of native vegetation. The LDC requires preservation of 25% of the existing on site native Vegetation or a minimum of 16.39 acres. The PUD master plan indicates that 21.86 acres or 33% of the site is labeled as Preserve and shall be placed into a conservation easement. The Rockedge RPUD is a residential planned development, which will be developed with up to 400 multi-family units. The maximum allowable gross density is 5.23 dwelling units per acre. A minimum of 30 percent (I I I units) of the density generated from the 55 acre parcel which qualifies for the affordable housing bonus are required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the department of Housing and Urban Development (HUD). This is an Affordable Housing Project and an affordable Housing Density Bonus Agreement is a companion document to the PUD document The amenities proposed to be provided in the project includes EAC Meeting 161 C 7. .... ~ Page 3 of 8 structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive and active recreational opportunities. Access to the property will be from Collier Boulevard (C.R.R 951). In the vicinity of the project, both collier Boulevard and Rattlesnake Hammock Road are scheduled to be widened to six lanes. These improvements are funded in the current transportation Five-year Work Program. Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Laud Use Element: The subject property is currently designated Urban (Urban - Mixed Use District, Urban Residential Fringe Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 1.5 units per gross acre, or up to 2.5 units per gross acre via the transfer of up to one dwelling unit per acre from land designated as Rural Fringe Mixed Use Sending District, [or in the case of properties specifically identified, a density bonus of up to 6.00 additional units per gross acre may be requested for projects providing affordable housing (new language via a growth management plan amendment to the FLUE and adopted by the BCC September 9, 2003)]. Pursuant to the amendment to the Future Land Use Element, Urban - Mixed Use District, Urban Residential Fringe Subdistrict of the Growth Management Plan that was adopted on September 9, 2003 the subject property is the specifically identified property, making it eligible for the up to 6.00 additional units per gross acre. Base Density Affordable housing bonus Total Eligible Density 1.5 DU fa 6.0 DU fa 7.5 DU fa Based upon the above analysis, staff concludes the proposed uses and density may be found consistent with the FLUE. Conservation & Coastal Manae:ement Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards" . 16/C9., '. EAC Meeting Page 4 of8 To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and possibly rehydrating wetlands as allowed by agency permits to provide water quality retention and peak flow attenuation during storm events. Policy 6.1.1 states that native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: a minimum of 25% of the native vegetation present shall be preserved. This project has exceeded that requirement by preserving over 21 acres of the native vegetation existing on site that is the best quality and near off-site preservation lands. Conservation easements prohibiting further development will be required prior to SOP or PPL approval. Policy 6.2.5 requires habitat management and exotic vegetation removal/maintenance plans at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. These plans will be required prior to SOP or PPL approval. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.4. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). Wildlife habitat management plans for listed species, as needed, will be required prior to SOP or PPL approval. VI. MAJOR ISSUES: Stormwater Manal!ement: This entire site sits within the Henderson Creek Basin as shown on the Drainage Atlas of Collier County, and, as such, has an allowable discharge of 0.15 cfs per acre. The proposed stromwater management system for this site will consist of interconnected lakes that provide water quality retention and peak flow attenuation. The proposed control structure will discharge directly into the Henderson Creek Canal. EAC Meeting 16t~'.. ... PageS of 8 Environmental: Site Description: The existing land uses for the site include unimproved roads, a utility easement, disturbed lands, single-family residences, and undeveloped, forested lands. The adjacent land consist of a drainage canal and County Road 951 to the west, undeveloped, forested lands to the east, a campground, undeveloped forested land, and single-family residences to the north; and a nursery, undeveloped forested land, and single-family residences to the south. An aerial photograph with FLUCFCS mapping is included in the EIS as Exhibit C and includes off-site habitats 200' from the property line. A vegetation and wetlands map of the property is provided as Figure 2 in the EIS, and an acreage breakdown of the habitat types, including native habitats, is provided in Table 1. Figure 3 shows those areas designated as native habitat. Wetlands: Approximately 39.17 acres of SFWMD/Collier County jurisdictional wetlands have been identified on site. The wetland lines were verified by SFWMD staff in May 2003 and January 2004. The project as designed impacts 15.71 acres (40%) of the wetlands on site. Preservation Requirements: The site currently supports approximately 65.54 acres of native vegetation. Twenty five percent, or 16.39 acres, of native vegetation is required to be preserved on site. This PUD provides 21.86 acres of native vegetation preservation and an additional 3.46 acres of archeological preserves. Listed Soecies: Numerous listed plant and wildlife species surveys were conducted by Passarella and Associates, Inc. Additional listed species observations were made during vegetation mapping, wetland flagging, and nailing seasonal high water elevations. The survey methodology and results are provided in Exhibit F of the EIS. A tri- colored heron (Egretta tricolor) was observed during the listed species survey on November 4, 2002. No other listed wildlife species were observed during the listed species surveyor during vegetation mapping, wetland flagging, or nailing seasonal high water elevations. Listed air plants were observed in the FLUCFCS 616 EI areas of the site. 16' C 7 ""Ii' EAC Meeting Page 6 of8 Prior to impacts to the 0.90* acre FLUCFCS 616 EI wetland, a survey in this area will be conducted by a qualified botanist for listed air plants and any found will be relocated to wetland preserve areas on site. This site is included in the Multi-Species/Ecosystem Recovery Implementation Team (MERIT) primary zone and panther use has been documented in the area. The MERIT subteam defined the Primary Zone as "all lands essential for the survival of the Florida panther in the wild". Reduction of impacts and mitigation for impacts to panther habitat will be determined by U.S. Fish & Wildlife Service(USFWS) and Florida Fish & Wildlife Conservation Commission (FFWCC) during wetland permitting. These permits and any mitigation will be required prior to approval of construction plans. VII. RECOMMENDATIONS: Staff recommends approval of PUDZ-2003-AR-4991, "Rockedge RPUD" with the following conditions: Storm water Manal!ement: Because of the presence of wetlands and the size of the site (>40 ac.), this project will be required to submit to SFWMD for an Environmental Resource Permit (ERP). Environmental: i. Re-hydration of wetlands on site will be in accordance with the SFWMD ERP and U.S. Army Corps of Engineers permit. 2. Prior to impacts to the 0.90* acre FLUCFCS 616 El wetland, a survey in this area will be conducted by a qualified botanist for listed air plants and any found will be relocated to wetland preserve areas on site. Results of this survey and relocation will be provided to Environmental Review staff at the pre-construction meeting. 3. USFWS and FFWCC permits will be required prior to final approval of construction plans. 16/C7 EAC Meeting Page 7 of8 PREPARED BY: STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT DATE SUSAN MASON SENIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE MICHAEL J. DERUNTZ, C.P.M. PRINCIPAL PLANNER DATE 16' C 7 EAC Meeting Page 8 of8 REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST DATE WILLIAM D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE STEVEN GRJFFIN ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR ENVIRONMENTAL ADVISORY COUN1L 6 , C 7 AGENDA January 4, 2006 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F'') - Third Floor II. Roll Call Fiala Halas Henning Coyle Coletta -'_ L / I. Call to Order III. Approval of Agenda IV. Approval of December 7, 2005 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Environmental Impact Statement No. AR-6297 "Lely Resort PUD EIS" Sections 21, 22, 27, 28, 33 & 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East VII. Old Business VIII. New Business A. ''The Zero Waste Collier County Group" presentation - Bob Krasowski B. Outstanding Advisory Council Member Nominations C. EAR Amendments IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************* ************************************* Council Members: Please notify the Susan Mason. Environmental Services Senior Environmental Soecialist no later than S:OO D.m. on December 23. 2005 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina on a Detition (213-2987). Misc. Con-es: General Public: Any person who decides to appeal a decision of this ~Qp"rd will need a record of the proceedings pertaining thereto; and therefore may need to ensurEi"tl'rat a varb.til'll record of proceedings is made, which record includes the testimony and eYieIrr,#ce upon which the appeal is to be based. C1pies to: 161 C 7, Atte~tLo~ SAC A~vLs.ortj MeVVtbers.: IteVVt IVI VVtL~utes. froVVt tVle Dee,eVVtber rtVt SAC VVteetL~g -9 IteVVt VI/I.C. SAR AVVte~~VVte~ts. were ~ot relit~tj wVle~ tVlLs. VVtlitLLL~g Wlits. s.e~t out. you e,lit~ expee,tto s.ee IteVVt VI/I.C. tVlrougVl tVle VVtlitLL btj elitrLtj ~ext weeR lit~~ IteVVt IV. tVlrougVllit~ e-VVtlitLL froVVt Sus.lit ~ Mlits.o~ ~ext weeR (Dee,eVVtber 2r-3ot Lf tVletj litre relit~tj L~ tLVVte for tVle VVteetL~g gLve~ tVle VloLL~lit tjs.. If tj ou VllitVe lit ~tj q ues.tLo~s.1 pLelits.e e,o~tlit e,t Sus.lit ~ Mlits.o~ litt 2:13-~ gr. TVllit~R tjou. FOREST LAKES S;~~Og ~_ .16 'Cia" Coyle Coletta _u IH)\\)\\." .\~n DR,\I'\\(;E \I.S.T.III~'J"',,; ,\lED ..:05 C0ml1liSSioners ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES. FL 34104 RECEIVED DEe 0 1 2D05 Summary of Minutes & Motions November 9, 2005 ;-1(n,(ii'! (~)r.-::ni~,C;;\lnr.~r<; III. Approval of Agenda - George Fogg moved to approve the Agenda as amended. Second by Virginia Donovan. Carried unanimously 4-0. IV. Approval of July 13, 2005 Minutes - Roger Somerville moved to approve the minutes of July 13, 2005. Second by Virginia Donovan. Carried unanimously 4-0. VL Old Business: A. Update by Wilson Miller - Craig Pajer 3. Priority list for FY '06 Budget Update General update was given: . Golf Course did not approve the 24' pipe or the regrading of the swale. The County staff received a phone call from the Golf Course stating they held a Board meeting and do not want any work done on the course until May unless they used a bob-cat or small equipment. Kyle Construction does not have a bob-cat but other small equipment. He was not asked to use a bob-cat in his Contract. . An email from Darryl concerning communications from Lou Rossi of the Quail Run Golf Course was read by Bob Jones. (Copy was not made available for the minutes) Mr. Jones stated that decision would not affect their Master Plan and they can shift funds to other projects that need to be done. . Darryl will respond to the Quail Run Golf Course for an official letter from them stating the above. Bob Jones moved to have staff (Darryl Richard) write a letter to the Quail Run Golf Course asking for an official letter from them stating they want to delay work on a portion of Golf Course, in which work was contracted to be done. Also what their objections are and a timeframe when the MSTU can continue with their work on the Golf Course. Second by Virginia Donovan. After much discussion, the motion carried unanimously 4-0. A handout of priority projects was distributed and discussed. Misc. Corres: Date: I /~4 /ot.. Ik;L ~( (i) Item#: 1 Copies to: 161C 8 , ~:V)o F()REST LAKES Ro.\D\\.\' \~D DR\IN\(;I. \I.S.T.I . ADVISORY COMMITIEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 November 9. 2005 Minutes I. The meeting was called to order by Chairman Bob Jones at 10:10 AM. II. ATTENDANCE: Members: Bob Jones, Roger Somerville, Virginia Donovan, George Fogg, Bill Seabury (Excused) County: Darryl Richard-Project Mgr., Tessie SiIlery-MSTU Coordinator, Diane Flagg-ATM (Arrived II :35 AM) Others: Crnig Pajer & Chris Breioling-Wilson Miller, Dick Freeland-Forest Lakes Condo Assoc., Dean Vellaro-Lake Doctor's III. APPROVAL OF AGENDA Add under New Business: A. Replacement of Wilson-Miller B. Sunshine Law George Fogg moved to approve the Agenda as amended. Second by Virginia Donovan. Carried unanimously 4-0. IV. APPROVAL OF MINUTES: June 8, 2005 (should be July 13, 2005) Roger Somerville moved to approve the minutes of July 13, 2005. Second by Virginia Donovan. Carried unanimously 4-0. V. TRANSPORTATION SERVICES REPORT A. Budget - Tessie SiDery . Budgets for Fiscal Year '04/05 and '05/06 were distributed. Totals for ending the fiscal year and carryover were summarized. Totals and various line items for beginning of the '05/06 Fiscal Year were explained. . Questions on: Payment being made without project being finished satisfuctorily was discussed and explained by Darryl. The Committee approves the projects after proposals are submitted, staff then processes payment after work has been completed. . Contracting and bidding for Contractual services were discussed. Kyle Construction is paid for the amount of work done with no retainer. He was authorized to do additional areas under his Contract. The Golf Course put a nix on 2/3 of the items he was to do - a change order can be executed, but has not because of the Golf Course issues. . Contractors are approved for work they are classified to do only. The Purchasing Dept. reviews all Contracts and Contractors. . Millage has been approved by the BCC for 4.0. B. Update on Annual Maintenance of Pipes & Ditches - Darryl . Damage from Hurricane Wilma was explained by Darryl and Dean Vel1aro/Lake Doctor's - some trees still need attention. I 161CB . Trees adjacent to the Naples Bath & Tennis were discussed - overhang had been trimmed and cut in the past year. Many of the trees are causing serious problems to the drainage ditches and culverts. Exotics were discussed. This had been addressed by Code Enforcement in the past with the Committees concerns. Darryl will contact Code Enforcement again for their policies concerning Naples Bath & Tennis, and get it in writing. . Pipes need to be cleaned out - Darryl will find out if the County has a Contractor to do such work. . Dean (Lake Doctor's) will lift the grates and check for sih. (Not in Lake Doctor's Contract to de-sih) . Different areas of drainage were discussed at length. . Craig pointed out trees in the lakes need to be cleared . Darryl will get estimates for clearing debris etc. for FEMA reimbursement VI. OLD BUSINESS A. Update by Wilson-Miller - Craig Pajer 1. Results of Traffic Control Study on Stop Signs Craig reported they have the study 90% completed. Will report at the next meeting with the results. Need to check signs for storm damage. 2. Update on County Wide Storm Water Improvements Project This item was to be discussed with staff concerning the drainage problems and the Gordon River Project. No updates have been received from Storm Water yet. 3. Priority list for FY '06 Budget Update Craig gave a general update on projects: . Majority of the work is complete except one area which will be addressed . Craig explained authorized change order for Kyle Construction for various projects . Golf Course did not approve the 24' pipe or the regrading of the swale. The County received a phone call from the Golf Course stating they held a Board meeting and do not want any work done on the course until May unless they used a bob-cat or small equipment. Kyle Construction does not have a bob-cat but other small equipment. He was not asked to use a bob-cat in his Contract. . An E-mail from Darryl concerning communications from Lou Rossi of the Quail Run Golf Course was read by Bob Jones. (Copy was not made available for minutes) Mr. Jones stated that decision would not affect their Master Plan and they can shift funds to other projects that need to be done. . Darryl will respond to the Quail Run Golf Course for an official letter from them stating the above. Bob Jones moved to have staff (Darryl Richard) write a letter to the Quail Run Golf Course asking for an official letter from them stating they want to delay work on a portion of Golf Course, in which work was contracted to be done. Also what their objections are and a timeframe when the MSTU can continue with their work on the Golf Course. Second by Virginia Donovan. The letter will be written to Richard Fisher, President. This decision occurred after a conversation with Darryl, Craig and Lou Rossi in which Lou had agreed the contractors could do thc work up to around Thanksgiving. The Board decided differently. 2 16,G~ . ~~ ...... ~1 Darryl will also ask them for a timeframe of when they can proceed with the work, what equipment will be satisfactory to the Golf Course Board of Directors and their reasons for same, as the motion states. Motion carried unanimously 4-0. Priorities: A handout was distributed with a list of projects for the Committee to consider for the next fiscal year. 1- Drainage ways Maintenance 2- Pot Hole Repair 3- Swales 2, 7 & 10 currently in design 4- Swale 15 Authorized for construction 5- General Engineering Services 6- Signage & Marketing improvements (pavement) Estimated Sub-Total ~ $308, 7/7 (Updated amount) 7- Additional pavement overlays 8- Single Family yard & cross drains 9- Effluent Water Storage Tank 10- Catch Basins along Forest Lakes Blvd. 11- Quail Forest Blvd reconstruction Estimated Sub-Total $2, 753,424 (Updated amount) The pump at Forest Lakes Drive and Forest Lakes Blvd. was not functioning due to the power outage during the Hurricane and not having a generator. Purchasing a generator was discussed with possibly a portion of it being reimbursed by FEMA. The Bond issue for the entire Master Plan was discussed and explained at length. Craig has a list of other projects for the Master Plan if a Bond issue is initiated and passed. Diane Flagg explained the situation with a Bond Issue going to the residents. If residents can see projects are being done, they are more apt to vote in favor of a Bond Issue. The Committee had agreed to increase the millage rate from 3 to 4 for more funding in the meantime. Roger stated his displeasure for the lack of work by Wilson Miller. He commented Wilson-Miller has not done survey work on the projects. They are doing projects on one side of Forest Lakes and not on the main road. For 2 years Wilson Miller has not addressed some of the flooding issues that should have been addressed and it was his opinion they are not putting their priorities where they should be. He would like to see another engineering approach. Darryl responded the Committees priorities were re-directed to the needs of the Golf Course. Because of these needs and the Golf Course not being in agreement with the MSTU, it has taken time to re-focus on different priorities. The Committee will study the priority list from Craig and discuss it further at their next meeting. B. Update on BODness & Pot boles - Darryl/Craig Bonness & Wilson Miller will use up the remaining committed funds for this project. Darryl stated they are anticipating repair work to be done within 2 weeks. C. FP&L - Street Ligbt Installation update Work has been completed and light is functioning. 3 161 C:Q VII. NEW BUSINESS A. Replacement ofWilson-MiUer Roger made his comments earlier. B. Sunshine Law - The Committee was reminded of the Sunshine Laws and it was suggested to hold a Workshop for all MSTU's. Diane Flagg suggested an Attorney put on a brief workshop at each of the MSTU's regular meetings. Staffwill initiate the workshop and will be put on the Agenda when confirmed. VIII. PUBLIC COMMENTS - None Being no further business to come before the Committee. it was moved and seconded to adjourn. The meeting was adjourned at 12:45 PM. 1 Ii e.!!...~~~:L!!.!Cd.i.!!~!iJ I h_(lb:.i.",('1'I Ihe;,-L~L , () :tlO ..,' t \1 Ir;;ffif Op.(.'rations ('onferenu: f{oom 2~S5 Hor,,('shjH~ lhi\'(' ~outh \""1""" IL 3.\10-1 4 16' G~~}'~ "~,C' ..... 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Tille Amount Electricity FP&L -Forest Lakes -Street Lights 22,43 Electricity FP&I- Boxwood In-lift 11.68 Electricity FP&I - Boxwood In-lift 8.63 Electricity FP&L-Forest Lakes -Street Lights 24,55 Total $67.29 Other Contractual Lake Doctor -Oct. $530.00 Total $530.00 Indirect Cost Reimb. County Fee $1,400.00 Total $1,400.00 Other Misc. Services Mancan Inc. $73,58 Total $73.58 [TOtal Operating Inv. Paid $2.070.871 P.O. History & Opened P.O's Note Improv. General Improv. General Improv. General Improv. General Improv. General lmprov. General Improv. General Improv. General Wilson Miller - PO 4500013180 - Engineering SN. Quality Enterprise. PO 4500028338 Wilson Miller - PO #4500053582 - Design Swale #2 Kyle Construction - PO # 4500028337 Wilson Miller - PO # 4500054327. ObseN. & SUNey SeN. 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"'0'" . . a - Ii' .! m ~ G) r ^ 161CB Forest Lakes Roadway Drainage MSTU Monthly Activity - October - end of Fiscal Year Meeting ReJ Title Sub-Title Amount Electricity FP&I - Boxwood In-lift 45.23 Electricity FP&L-Forest Lakes -Street Lights 24.55 Total $69.78 Other Contractual Lake Doctor - July $530.00 Other Contractual Lake Doctor - August $530.00 Other Contractual Lake Doctor - Sept. $530.00 Other Contractual Lake Doctor - July - Woodshire Ditch $215.00 Other Contractual Lake Doctor - August - Woodshire Ditch $215.00 Total $2,020.00 Insurance General County fee for insurance $200.00 Total $200.00 Other Misc. Services Mancan Inc. $39.62 Other Misc. Services Mancan Inc. $335.09 Other Misc. Services Mancan Inc. $272.93 Total $647.64 [Total Operating Inv. Paid $2,937.421 Improv. General Improv. General Improv. General Kyle Constr. - Task XI Bonness Inc. - Pothole overlay Kyle Constr- Task XI Total $170,306.00 $49,996.99 $6,000.00 $226,302.99 Total Improvement Generallnv. 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W coco cOo 00 00 00 00 ".. (.oj ...... (.oj CD !>> .... 01 -" .j>. .1\:) ~ I\:) ()1 co - I\:) o-"co ~~~~="":-"!>>~ 00()1000l.....i\.J OOWOO()1()1w 16' C~1I o mO zo -IC/) m-l ;;a 00 o~ em mO -I ;;a m < m z C m -I :::j r- m l:::m eC/) .j>.-I i\:l;;a em e< CII "-I;;a em e< ~;;a "-1m go ClIO o o - o 0- CD ~ I\:) 0"Tl 00 .j>.(j) O5!l enr CD Ql 'tJ " "Tl mCDc 3 00 ~ o-S::a. CDen-" ~-I()1 I\:)C()1 8;:0 ()1CD Ql < 00 CD ~ o c: -CD -" -" - co - I\:) o o ()1 16 Ie 8, F(lREST LAKES IW \I>W,\' ,\~D DR\I1\\(;E \I.S.T.I . ADVISORY COMMIITEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 December 14, 2005 Ae:enda I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: November 9, 2005 V. TRANSPORTATION SERVICES REPORT A. Budget - Tessie SilIery B. Update on Annual Maintenance of Pipes & Ditches - Darryl C. Code Enforcement policy/Naples Bath & Tennis VI. OLD BUSINESS A. Letter from Golf Course - Darryl B. Update by Wilson-Miller - Craig Pajer I. Results of Traffic Control Study on Stop Signs a. Estimated Start Date 2. Discussion by Committee on Priority list for FY '06 Budget C. Update on Bonness & Pot holes - Darryl/Craig D. Update on County Wide Storm Water Improvements Project - Darryl YD. NEW BUSINESS vm. PUBLIC COMMENTS IX. ADJOURNMENT Tit" lI"xt 1II""tilli! 11'''' he Jilllllilr,. II, 211111> - 111:1111 HI Traffic Opt-rations ('onf't'!'l'Ilce I{oo", 21;1;5 1I0rs['shoc Dri\c Sonth 'al''''s. H. .}II H-l I 16' C 9.. Memorandum :'. ,..".-.. ~,.~\ , LI To: _"r~&n;Eiecudve Manager Board of County Commissioners 'LJ5 From: I A. Mott, Manager roperty Acquisition & Sales J Fiala ~.~ = ~:I~~ing~ 1 = Coyle / Coletta Date: November 22, 2005 Subject: Golden Gate Estates Land Trust Committee Meeting Minutes Sue, please find attached a copy of the "approved" minutes from the September 26, 2005 Golden Gate Estates Land Trust Committee Meeting. Thank you. Attachment as stated Misc. Cones: Dale J / /l4 Jot., , . Item# J 10 7 ,J( C:l) Real Property Management Department Copies to 16' C 9; .... GOLDEN GATE EST A TES LAND TRUST COMMITTEE MONDAY, SEPTEMBER 26, 2005 FIRE STATION 71 - GOLDEN GATE BOULEVARD Charles ("Skip") VanGelder -Chairman Stephen Greenberg -Vice-Chairman Karen Acquard -Member Jeff Curl -Member Linda Hartman -Member (absent) &~mIDME~ Toni Mott -Property Acquisition & Sales Manager, Real Estate Services Linda Sujevich -Administrative Secretary, Real Estate Services DISTRIBUTION: Financial Report dated 9/23/05 I. CALL TO ORDER The meeting came to order at 7:01 P.M. II. APPROVAL OF MINUTES - July 25, 2005. Skip asked the members if they read the minutes and if there was any discussion. No comments or changes were mentioned. Karen made a motion to accept the minutes and Jeff seconded the motion. All in favor. III. APPROVAL OF TREASURER'S REPORT Toni reported an Ending Cash Balance of $1,353,201.58 and an Available Cash Balance of $1,330,233.58. Skip made a motion to accept the Treasurer's Report and seconded by Jeff. All in favor. IV. Committee Member Vacancy Jeff Curl's application was the only one presented to the BCC for the GAC Land Trust Committee. Skip recommended to the BCC to appoint Jeff Curl as a committee member and Steve seconded the motion. All in favor. V. Request for Funds from Big Corkscrew Island & Fire District (update) Chief Rita Greenberg submitted invoices for the balance totaling $22,968.00. The invoices will be checked and processed for payment. This will close out the funding request. 16/C9~ VI. Request for Funds from Golden Gate Fire District (update) The County Attorney's Office approved the expenditure for education materials and supplies and a Letter of No Objection has been received from Avatar. Staff anticipates processing the agenda packet to the BCC on October 11, 2005. VII. Request for Land transfer from Parks & Recreation Department - Oaks Blvd (update) The BCC approved the land transfer at their July 26, 2005 meeting. The statutory deed has been prepared and staff is awaiting its return from the County Attorney's Office. Upon receipt, staff will record the Statutory Deed and the transfer will be complete. VIII. Request for Land transfer from Parks & Recreation Department - 47+Acre parcel (update) The reverter was received from Avatar approving the land swap. Verbiage has been included in the Agreement and will be included in the Executive Summary that the Committee has final review and approval of all developmental plans. Staff is anticipating submitted the agenda packet for this item to the BCC for their September 27, 2005 meeting. Karen added that Marla Ramsey is doing a presentation on Thursday, October 20, at the Civic Association regarding the park area and obtaining input from the citizens. Skip asked if there was any further information from Transportation and Toni stated no, but there may be more information available for the next Land Trust meeting. IX. Public Comment/Other Discussion No other discussion from the committee or the public. X. Next Proposed Meeting Date - Monday, November 28,2005 (7:00 p.m.) Steve stated that he would be absent at the next meeting. Meeting at Golden Gate Fire Station #71. All in favor. Please note: Because Toni is having surgery November 28, the meeting has been moved up to November 21 at the same location and same time. This will be confirmed with the members as soon as possible.' XI. ADJOURNMENT Steve made a motion to adjourn the meeting at 7:08 p.m. Karen seconded the motion. All in favor. 1. 6' G'iiJ !t"(U il'li,il:: 'IIJl ,U/ ,~,' It li ~i "\It\iISOnV 1'/ Fiala / Halas v / Henning ~ Coyle _ / Coletta (./ 2885 Horseshoe Drive Naples, FL 34104 SUMMARY OF MINUTES & MOTIONS November 8. 2005 Ill. & IV. Agenda & October 11, 2005 minutes were approved. V. Landscape Maintenance Report - Advaoced Lawn A lengthy report was given concerning the Hurricane damage and issues. Cheryle Newman moved to approve, not exceeding $1,200, to either remove or grind the stumps on Tropicana, whichever Mike feels is best. Second by Barbara Segura. Carried unanimously 5-0. VIII. Old Business: G. New priorities for Committee After a lengthy discussion it was decided to hold a Workshop concerning their Master Plan immediately after their regular meeting in January. Misc. Corr6s: Date 1/,:)4 lot.. ( Item it l/P I ~ c. (to) ('-- 161CIO R""()I [)I:'1Il.1 K.' jI//,,~r;"IlLIiI 'II I. It:l-. UHI", it!",1lJ 1M t\O\lISOR\" ~~ 2885 Horseshoe Drive Naples. FL 34104 November 8, 2005 Minutes L Meeting was called to order by Chairman Richard Sims at 4:00 PM. II. Attendance: Members: Richard Sims, Cheryle Newman, Patricia Spencer, Ginger Martin, Barbara Segura County: Darryl Richard-Project Manager, Tessie Sillery-MSTU Coordinator, Others: Mike McGee-McGee & Assoc., Steve Fabiano & Frank Kip-Advanced Lawn & Landscape, Sue Chapin-Manpower Services III. Approval of Agenda: Cheryle Newman moved to approve the Agenda. Second by Ginger Martin. Carried unanimously 5-0. IV. Approval of Minutes: October 11, 2005 Add: mulch was applied to Tropicana Blvd Cheryle Newman moved to approve the minutes of October 11, 2005 as amended. Second by Ginger Martin. Carried unanimously 5-0. V. Landscape Maintenance Report - Advanced Lawn/Steve Fabiano Steve introduced the new owner of Advanced Lawn - Frank Kip. Mr. Kip stated they are making changes in equipment and personnel. The company is understaffed, overworked and under-guided. The Committee had expressed their concerns and hope things will be addressed and improved. A. Maintenance Report · Addressing the weed situation (can use better chemicals with the cooler weather). They will pull weeds when needed. Mike McGee stated with the Hurricane there will be a lot of seeds and will need to keep on top of them. Need to get chemicals out to treat them as soon as possible and also get the mulch down. · Staking trees, removing stumps and will look at needed replacements . Have not received fertilizer yet · Behind and will be catching up now after picking up the debris from Hurricane Wilma . Sprayed insecticide, fungicide and herbicides in September · Irrigation was discussed with a handout concerning repairs on the medians for Tropicana Blvd and Golden Gate Parkway 1 16' C 10 · Trees uprooted will be removed and will then assess any damage to irrigation system Mike McGee stated the irrigation needs to be on 4-5 times a week. Cheryle Newman moved to approve, not exceeding $1,200 to either remove or grind the stumps on Tropicana, whichever Mike feels is best. Second by Barbara Segura. Carried unanimously 5-0. VI. Landscape Architects Report - Mike McGee A. Landscape Update . Advanced Lawn is providing a list of damages on the Parkway and 951. . Will recommend the trees that need to be removed. . Need to clean-up, trim, stake and then renovate . Trim hardwoods to prevent damage VIL Transportation Operations Report: Tessie SiUery A. Current Budget - distributed (attached) . Budget was covered with the various line items and invoices paid in the past month. vrn. Old Business A. Update on Golden Gate Parkway Bridge - Patffrinity . The only change was the flag pole has been withdrawn from the offer. Trinity will attempt to have the manufacturer attend the next meeting. B. Update on Hunter & Coronado Curbing Letter - Pat . Cheryle emailed the past Commander and hasn't received a response as of yet. She will talk to Chief Peterson. They are hoping to get something in writing from the Police and Fire departments. C. Phoenix Pavers - Darryl . The pavers are on order - there is a backlog. D. Update on Sunshine Project - Darryl . Notice to Proceed has been issued to Bonness. E. Update on Benches · Wood slot replacement quote has been given to the County - Darryl will review and report at the next meeting. F. Report on Santa Barbara Widening - DarryllPam . 90% plans - Darryl will ask Pam Lulich to attend the December meeting with plans and an update on the project. G. New Priorities for Committee - Rick . Master Plan needs to be revised and updated for: o Clarification on funding o Possible increase of millage for roadway projects o Projections o Concern for Hunter o Maintenance costs o Time periods 2 161CIO It was decided to hold their regular January Meeting with a Workshop to follow on the Master Plan. IX. New Business - None X. Committee Member Reports - Cheryle informed the Committee members she will be moving from the area in March or April 2006. XL Public Comments - None Being no further business to come before the Committee, it was moved and seconded to adjourn. The meeting adjourned at 5:15 PM. The next meeting Is sdleduled 'or Dealmber 13, 4:00 PM At 60Iden Gate Community Center Naples, FL 3 161GIO 1/"011 'DI:~! ii'" ", ',."., 11( "",) ii., 'I. 1~'I\jA\ ,I: IIIlit I". .iI' !i!i," r'fl '* 2885 Horseshoe Drive Naples, FL 34104 AGENDA 4[)\I'ISOR\' ~DlberI3,2005 L Call Meeting to Order II. Attendance: Ill. Approval of Agenda: IV. Approval of Minutes: November 8, 2005 V. Landscape Maintenance Report - Advanced Lawn/Steve Fabiano A. Maintenance Report VL Landscape Architects Report - Mike McGee A. Landscape Update B. Master Plan VII. Transportation Operations Report: Tessie Sillery A. Current Budget VDL Old Business A. Update on Golden Gate Parkway Bridge - PatfTrinity B. Update on Hunter & Coronado Curbing Letter - Pat C. Phoenix Pavers - Darryl D. Update on Sunshine Project - Darryl E. Update on Benches F. Report on Santa Barbara Widening - Darryl/Pam IX. New Business X. Committee Member Reports XL Public Comments XII. Adjournment The next meeting Is scheduled for January 10, 2006 at 4:00 PM with a Workshop to follow At Golden Gate COI1IDlunlty (',enter Naples, FL 16' G~Wi\-8 -- . 0'') GOLDEN GATE PARKWAY MEDIANS TROPICANA BLVD. MEDIANS UPON INSPECTION SO FAR IN NOVEMBER THE FOLLOWING ITEMS WILL NEED APPROVAL FOR REPAIRS Median l3--pipe is still broken where new sidewalk was installed, sidewalk contractor never repaired the pipe they broke Almost all of the large trees that fell during Hurricane Wilma have damaged pipes that were running under these trees. At this time, it is undetermined the amount of time or materials that will be needed to repair this damage. Only a visual inspection could be done until the root balls are removed. At that time, we would be able to do a per median cost to repair the damage. The pumps are turned off in these locations to prevent flooding of the streets. The damage from Hurricane Wilma is less severe on Tropicana Blvd. than on Golden Gate Parkway and upon approval can be repaired by the end ofthe week. 16 , C 11 Sue Filson Executive Manager Admin Bldg 3 ...~~=--~... c', ,.,...~~ "r" \ ~ . I" "~\ ..'.~ .-'~., "..,'\ '~~4~'''' . , ...,~'~~'gr; \. \t. ~:':.' .):r/ "..1 '. COLLIER COUNTY December 6, 2005 Ms. Susan M. Harp Certified Local Government (CLG) Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 ~j Fiala.---' Halas .---'-- Henning- ;;./" / .. Coyle -~-_. Coletta ...._-_.~-'-_. 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, December 21, 2005 and will begin at 8:45 a.m. at the Collier County Community Development & Environmental Services Division, Conference Room 609, located at 2800 North Horseshoe Drive, Naples Florida: I have attached the minutes from the November 16, 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. S"~I~ ~. ~ay:~ V. Bellows, Zoning Manager Department of Zoning & Land Development Review (Historic Preservation Coordinator) cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Murray Tom Palmer Melissa Zone Misc. Corres: Date: 11-:)4 10(.- Item # /b I ;;) C (/I) f li"c()ri..: 1"'1.:,,"1\ ,-tl,]"I:i!\\'1', rl-, Copies to: 161 ; ~ v 11 .' ;:$.,*e,j;.~' .~:, .f' ':(.;"" ' :\ /'11 "'(Iii. ,",,\ t~~>j;,\ ..".~.'''''~,li'1.' ',. \ .. /5/ , ". 'I ~I \ .J;_ AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 8:45 AM, WEDNESDAY, DECEMBER 21, 2005 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, CONFERENCE ROOM 609, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERJAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERJALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. I. ROLL CALLI ATTENDANCE: 2. ADDENDA TO THE AGENDA: 3. APPROV AL OF MINUTES: November 16, 2005 4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT: A. Review resume for Preservation Board vacancy 5. OLD BUSINESS: A. Goodland - Margood County Park B. Nehrling's Tropical Garden Site - Recommendation for Historic Designation C. Four Year Review Process 6. NEW BUSINESS: A. SDP-03-AR-4596, Archaeological Survey & Assessment 7. DISCUSSION OF ADDENDA 8, ADJOURN ! 111:,,'1'...1'\1 161CvlrJ6,2oo5 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HISTORICAL! ARCHAEOLOGICAL PRESERVATION BOARD Naples, Florida, November 16,2005 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 Patricia Huff Ardavan Moaveni Elizabeth Perdichizzi Bill Tyson (Absent) ALSO PRESENT: Ray Bellows, Zoning Manager Jennifer Belpedio, Assistant County Attorney 16lv~b~Uo5 1. Roll Call/Attendance: The meeting was called to order at 8:45 AM by Chairman John Thompson. Roll call was taken with Mr. Dempsey and Mr. Tyson absent. A quorum was established. 2. Addenda to the Agenda: Add under "New Business" a) Waiver of application-Faith Landing b) Survey and Assessment - Fisherman Cove c) Four year Review/presentation to BCC d) Farewell to Jennifer Belpedio Elizabeth Perdichizzi moved to approve the Agenda as amended. Second by Tom Franchino. Carried unanimously 5-0. 3. Approval of Minutes: September 21, 2005 ( There was no quorum for the meeting of October 19, 2005) Chairman John Thompson went over the minutes, mentioning the acceptance of the resignation of Adam Brooks and introducing the newly appointed member, Patricia Huff. Tom Franchino moved to approve the minutes of September 21, 2005. Second by Ardavan Moaveni. Carried unanimously 5-0. 4. Department of Zoning and land Development Review Report: A. Review Resume for Preservation Board Vacancy It was reported that Bill Tyson is moving. An advertisement to fill his position will be forthcoming. Ray Bellows answered questions about filling the position from those applications already on file. Procedure is that it has to be re-advertised; but those applicants on file may re-apply. Sue Filson will notify them ofthat fact. 5. Old Business: A. Goodland - Margood County Park - Amanda Townsend Amanda Townsend was not present to give report B. Nehrling's Tropical Garden Site -Recommendation for Historic Designation: County has purchased most of property. As owner, County can request historical designation; but, not until title actually passes. A private developer and the Conservancy also purchased parcels. Discussion revolved around: o Working on defining exact boundaries of Nehrling site, with metes and bounds clearly mapped, so not to impact zoo. o County institution of a lease with the zoo. Issues regarding lease and entry fees if gardens separate from zoo. Tom Franchino-Going rent for non-profits is $200K yr. Vital to have good lease agreement Ardavan Moaveni- Would not like to see zoo and gardens as separate entry fee. Sees issues of keeping funds separate, hours of operation, operating policies, etc. Ray Bellows- will continue process for declaring Historical Designation in January, after title to County is filed. Have Assistant County Attorney Mike Pettit prepare 2 16 I ~elel, 2005 an executive summary on historical designation issue for next meeting updating status. 6. New Business: A. Otter Mound Preserve Interpretive Trail Proje~t: Conservation Collier requesting grant for trail paths and signage John Thompson had sent letter in support of granting request for project. Discussion followed. Elizabeth Perdichizzi moved to send letter approving grant request. Second by Patricia Huff. Carried unanimously 5-0. B. DP-05-AR-8378, Archaeological Survey and Assessment o Sanctuary Bay -additional development in area of probability. o Had prior survey done. o Asking for waiver of additional survey. Prior survey would have included this area. o There was brief discussion regarding wetland area. Tom Franchino moved to agree with the findings of the survey and accept the report with the Board's standard exceptions. Second by Elizabeth Perdichizzi. Carried unanimously 5-0. 7. Discussion of Addenda: a) Waiver -Faith Landing (Habitat for Humanity)- Immokalee Rezoning/PUD 175 units. Asking for survey waiver. Much discussion ensued: o Project is in area of probability according to maps o Higher likelihood would need monitoring o Several lakes in area of concern o Wetland areas tend to be preserve areas, which also tend to be archeologically sensitive areas o No citing in report by Dept of State Historical Resources of archeological or historical findings on original project. o No information of findings provided regarding the added on portion of project Board did not support waiver Tom Franchino moved to deny waiver of survey. Second by Patricia Huff. Carried unanimously 5-0 b) Survey and Assessment -Fisherman Cove o Adding to the project. Maps show existing midden on project. o Project was subject to phase 11 testing -thorough archeological investigation o Report says significant site feature-some artifacts noted o Information on report discussed. Conservation easement discussed. 3 16 I ~e1&, 2005 Tom Franchino moved to accept Carr & Beriault's report as written with a condition that property owner grant an archeological access easement over the site for future testing. Second by Elizabeth Perdichizzi. Carried unanimously 5-0. Further discussion regarding recommending to the Board of County Commissioners in adapting PUD document requirements to include conservation easement and/or restrictions, especially in any historical/archeological sensitive areas. c) Four Year Report: Status of Advisory Board Report. Ray Bellows will provide Chairman John Thompson with proper paperwork to go before BCC with his report. d) Farewell to Jennifer Belpedio: Jennifer announced that her last day is December 12,2005. Attorney Mike Pettit will be taking over her representation on HAPS Board. Chairman Thompson thanked her and Board wished her well in her new job. The next meeting was set for December 21, 2005 at 8:45 AM. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 9:45 AM. Historical/Archaeological Preservation Board John Thompson, Chairman 4 161 C 12 November 14, 2005 TRANSCRIPT OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE .~"'. ("'" .~n ~.....j> Naples, Florida, November 14,2005 ,iu5 ~-~; ::e~ 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: p- Henning Coyle V /' Coletta __J,/ Fiala Halas CHAIRMAN: Bill Poteet Michael Delate Marco Espinar Ellin Goetz - Absent Wayne Jenkins Will Kriz Brent Moore Tony Pires Mimi W olok Misc. Corres: Dale: 11;),4 /O~ I ' Item': I~;r :X (I,)) Copies to: ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator Cindy Erb, Senior Property Acquisition Specialist Michael Pettit, Chief Assistant County Attorney Christal Segura, Environmental Specialist 1 u 16/C"l'2 200\ .,,:>< 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 that item "Y. Old Business, C. Contracts/Agreements, a. Collier Development Corporation (tentative)" will not be addressed. Ms. Wolok added 'BCC meeting presence' for discussion under item "V. Old Business, D. Fleischmann / Caribbean Gardens Property update" Mr. Espinar moved to approve the agenda. Second by Mr. Pires. Carries unanimously 6-0. III. Approval of October 10, 2005 Minutes "Trust Republic Land" should read "Trust for Public Land". . . Chairman Poteet moved item "V. Old Business, D. Fleischmann / Caribbean Gardens Property update" for consideration at this time. Chuck Carrington gave an update on the Fleischmann / Caribbean Gardens Property; noting that the Board of County Commissioners will be considering the item under" 10. E." on the agenda at the November 15th meeting. Two choices will be given to the Board of County Commissioners to purchase parcels 1,2,3, and 10 for $41.5 million, or to purchase parcels, 1,2,3, 10, II, and 12 for $45.5 million. Part of the purchase contract will be a lease agreement set up between Trust for Public Land and the Zoo that will be assigned to the County upon the closing of the purchase of the lands. Closing is arranged for December 19th. Mr. Carrington demonstrated the parking arrangement on the overhead screens. _Parcels 3a'1d 10 will be utilized as a connecting roadway for public access. Parcel 13 is slated for purchase by a developer who will investigate gaining access through Bear Paw. Ms. Sulecki noted that upon closing with the Trust for Public Land an application for parcels will be requested. Brent Moore joined the meeting at 9: 17 AM. Chairman Poteet resumed discussion on the minutes. 2 161 C 1 ,... 40vember 14, 2005 Mr. Moore moved to approve the minutes of October 10,2005. Second by Mr. Delate. Motion carries 4-3. Changes and additions to minutes as recommended by Ms. Sulecki are as follows: - Page 3. item "c. Fleischmann/Caribbean Garden Property Update" changing language to "Once the Trust for Public Land becomes the owner then an application will be sought for parcels the Trust for Public Land chooses to sell to Conservation Collier. Parcels can only be purchase at appraised value according to purchase policy." - Page 6. item "3. Wojtys, Randall; Wojtys, Richard; Snow" should read "Corkscrew 'Swamp'''. The motion was suggested to be a separate item #4. Under item "c. Letter of appreciation from CCLAAC to Kathy Prosser Brovard (Chair drafting)" removal of (Chair drafting) was recommended. - Page 7. item "F. Subcommittee membership" was recommended to say "Mr. Moore volunteered to join the Outreach Subcommittee." Item "VII. Subcommittee Meeting Reports, B. Lands Evaluation and Management - Marco Espinal', Chair" the second bullet point should have read "Watkins/Jones draft property inter-management plan was reviewed". Item "VII. Subcommittee Meeting Reports, D. 2006 Referendum - Mimi Wolok, Chair" was suggested to have the additional language "Ms. Sulecki advised the brochure was listing Conservation Collier milestones was almost complete" - Page 8. item "X. Staff Comments" was recommended to replace "An update sheet on all property values" with "An update sheet on third cycle properties". Mr. Erb noted on page 3 under "Collier Development Com. Parcel" the sentence "written appraisals are expected today" should be struck. Mr. Kriz moved to approve the minutes of October 10,2005 as amended. Second by Mr. Delate. Motion carries 6-1 with Mr. Pires opposed. Chairman Poteet returned discussion to item "V. Old Business, D. Fleischmann / Caribbean Gardens Property update". Mr. Wolok has plans to attend the Board of County Commissioners meeting on November 15th. It was suggested that any Committee members that are able to attend, do so. IV. Introduction on new Staff Member, Christal Segura Ms. Sulecki introduced Christal Segura highlighting her attributes. She will be full time under the title Environmental Specialist, with the main duty of property management. She has three years of Code Enforcement experience. She had worked for Miami Dade County as a Naturalist, and Biologist, along with working in the Environmentally Endangered Lands program. 3 i"li It ~.,.. ' 16 I '" 'November 14, 2005 , , V. Old Business: A. Real Estate Services Update on Status of A-list Properties Update by Ms. Erb: . Golden Gate Unit 53 Red Maple Swamp Preserve- An offer was made on two contiguous parcels totaling 10.26 acres which has been accepted. A new application has been received for a 5.7 acre parcel, an appraisal has been ordered, and an offer should be made soon. . North Fleischmann Parcel- Waiting for determination of 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- An offer was accepted. . MacIntosh Parcel- Closed on October 14th . Winchester Head- November 1 Sl the Board of County Commissioners approved the Lockwood agreement, closing date is tentative for December 16th. No new applications have been recei ved. B. Update on School Board Section 24 parcel Update by Ms. Sulecki: . School Board Section 24- The Board of County Commissioners approved the contract with future road right of way stipulations on September 27th New information was given on the Counties ability to contract with a private buyer to purchase the property and hold it until the up coming growth management plan amendments occurred that would change the parcel to sending lands. The private party would then have TDRs that could be separated and then the parcel could be sold back to Conservation Collier at a reduced price. C. Contracts! Agreements a. Collier Development Corporation Continued D. Fleischmann! Caribbean Gardens Property update Previously addressed. 4 161C12. November 14, 2005 E. 3rd Cycle Property Updates Update by Ms. Sulecki: . Review of InfOlmation Packet and ranking procedure. . Review of chart" Cycle 3 Willing Seller and Cycle 2 B-list Properties" * STR" on the chart represents Section, Township and Range. * Chart shows "Assessed Value" which are the most recent values given by the property appraiser. * "Estimated Appraised Value" can be changed to "Estimated Value" * 0- represents owner nominated, M- represents mail out, and N represents nominated under the "Application" category. * Category "FF" shows if the property is within another agencies acquisition boundary. * A key will be added to the chart. . Review of Conservation Collier Property Summary update. * Milano- The property is under contract. One of the problems with this property is access. A bridge for access would cost approximately one million dollars. Zoning rules prohibit the adjacent business owner from providing parking. Ms. Wolok suggested having a variance. Mr. Jenkins joined the meeting at 9:46 AM. Brad Cornell, Audubon Society and Audubon Florida noted that the flow way in this area is natural. The berms on the road way prevent the water from flowing across the property. The parcel should be considered important because it is strategic part of the flow way. * Campbell- There are TDRs attached to the property. The property owner would like to have the best value for the simplest transaction. * Peters- Updates reviewed. * TIG COfPoration- Updates reviewed. A response from Parks and Recreation as to the interest in a dock on this land is anticipated. * Schutt- No updates. * Camp Keais Strand- Updates reviewed. The property is within the Rural Lands Stewardship Area which means it has Stewardship Credits. It is also within two State acquisition boundaries, Florida Forever and South Florida Water Management District. State partnership has been very difficult to execute. The private sector has interest in partnership, in order to separate the Stewardship Credits and then donate the underlying lands to the State. 5 16 I ~ovember 14, 2005 "Narsiff-1- No updates. * Narsiff-2 - No updates. * Woitys(2)-Snow - No updates. * Brochu - No updates, This parcels vegetation has not been previously cleared. * Anderson - No updates. * Abereia - The ponds on the property are regulated by water management. Some of the lands have not been designated as to their definite use. Mr. Scott, Transportation has the understanding that a new signal will be put in at this location. * Blake - Estimated value changed. * Haaga - The value has decreased. A developer has purchase surrounding areas and would be willing to have open discussion. Some surrounding residents have sent letters expressing interest in the property not being developed. * Longner - Access difficulties. VI. New Business: A. Ranking Review Ms. Sulecki reviewed "Conservation Collier Ranking Procedure October 2005" (see attachment). Mr. Pettit, Chief Assistant County Attorney would like Committee Members to contact him prior to filling out any paper for a voting conflict. Committee Members expressed no interest in having an evening meeting for ranking. Rankings will then occur on the regularly scheduled meeting of December 12th Ms. Sulecki reviewed the spread sheet "Cycle 3 Properties November 2005" (see attachment). Tony Pires noted several errors in the "Estimated Values" and staff to correct these. B. Outstanding Advisory Committee Member Program None C. Coordinator General Report Ms. Sulecki gave a presentation including the following points: . No permits have been requested for Units 53 and 65. . She will be attending a conference later this week. 6 161 C 12 November 14, 2005 . A final draft brochure "Conservation Collier Land Acquisition Program" was given to Committee members. . Ms. Sulecki will sign Ms. Goetz name on the letters to Ms. Prosser. . Outer mound suffered the most hurricane damage. D. Discussion on ADA compliance - trail surface material Ms. Sulecki gave a presentation including the following points: . Trails or a percentage of the trails within the properties need to be in compliance with the Americans with Disabilities Act. . Ms. Sulecki looked at three different types of surfaces, crushed limestone with wood boarder, plastic lumber and an aggregate material and requested quotes from contractors. The contractors have not responded. . Ms. Sulecki already had a quote on a crushed limestone with wood boarder walk that has been approved and will be executed. Mr. Jenkins suggested looking into asphalt. E. Naming new preserves Ms. Sulecki will solicit for four property names via newspapers along with schools in the vicinity of the properties. She will also provide examples. Mr. Poteet would like to have the names displayed from roadways. VII. Subcommittee Meeting Reports A. Outreach - Ellin Goetz, Chair None B. Lands Evaluation and Management - Marco Espinar, Chair There will be a meeting at the conclusion of this meeting. The Watkins/Jones property was discussed at the prior meeting. C. Ordinance Policy and Procedures - Will Kriz, Chair None D. 2006 Referendum - Mimi Wolok, Chair None 7 1. 0 I C ~iber 14,2005 VIII. Committee Member Comments None IX. Public General Comments None X. Staff Comments None There being no further business for the good of the County of Collier the meeting was adjourned at 10:49 AM. CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Chairman Bill Poteet 8 CONSERVATION COLLIER lAND ACQUISITION ADVISORY COMMITTEE December 12, 2005 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F"), Third Floor I. II. III. IV. V. Roll Call Approval of Agenda Approval of November 14, 2005 Minutes Attendance Old Business: A. Real Estate Services Update on Status of A-list Properties B. Real Estate Service Update on Winchester Head Property Values C. Fleischmann / Caribbean Gardens Property update D. Update on School Board Section 24 parcel E. Contracts/Agreements a. Collier Development Corporation (tentative) b. Graham - Unit 53 VI. New Business: A. 3'. Cycle Property Ranking B. Review and Approval of Interim Management Plans for a. Malt property b. Watkins/Jones property C. Outstanding Advisory Committee Member Program D. Advisory Committee Terms Expiring E. Coordinator General Report 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 16'C F~ o '<;"::,:U"i~f,; .// Halas _ yJ/ Henning / Coyle j Co'etta~ --"- Fiala Misc. Corres: Dale: Item II: Copies to: ****************************************************************************************************** Committee Members: Please notify the Environmental Services DeDartment AdministrativMUsGaltl:no later than 5:00 D.m. on December 9. 2005 if you cannot attend this me.tina. Caples to: . 16,C13 ~ GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, FI 34104 December 15, 2005 .,.,D f,; l'Q05 ;)~,;,'i : ,,' ~,~;:'i:;::'i i.",':H-li:,i,'"or.ers. Al!:enda I. Call meeting to order II. Attendance: III. Approval of Agenda V. Landscape Maintenance Report - CLM A, Update on Landscapi ng Fiala Halas Henning Coyle Coletta .// ~ ~ ,../ IV. Approval of Minutes - November 17.2005 VI. Landscape Arcbitect's Report - Mike McGee A. F fOnt entrance VII. Housekeeping Items: VIII. Transportation Operations Report - Darryl Richard A Project 2 - status of bid proposals, lights, benches, etc, IX. Budget Report A. Tessie Sillery & Bob Cole - Budget Committee X. Committee Reports: ADoral & Augusta Sign Lighting - Tony Branco B. US 41 Entrance Landscape Committee - Ron Torp/Mike McGee XI. Old Business: A Newsletter XII. New Business: XIII. Public Comments: XIV. Adjournment The next meetinl! will be Januarv /9, 2006 at 4:00 PM Collier County Land..cape Operations 288.5 Horse..hoe /)r. South - Naples, FL 34104 Mise. Corrts: 0alI: l/d4-/0f- lleml: I~I;){ (13) Copiet 10: 161C13 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2885 Horseshoe Drive South Naples, FI 34104 Minutes November 17, 2005 I. The meeting was called to order by Chairman Robert Slebodnik at 4:00 PM II. Attendance: Members: Robert Slebodnik, Tony Branco, Robert Cole, David Larsen, Ron Torp County: Darryl Richard-Project Mgr., Tessie Sillery-MSTU Coordinator Others: Robert Kindelan-CLM, Mike McGee-McGee & Assoc., Sue Chapin-Manpower Services III. Approval of Agenda - Add: XII New Business: B. Sunshine Law Robert Cole moved to approve the Agenda as amended. Second by Tony Branco. Carried unanimously 5-0. IV. Approval of Minutes - September 29, 2005 Robert Cole moved to approve the Minutes of September 29, 2005. Second by Tony Branco. Carried unanimously 5-0. The October meeting was canceled due to Hurricane Wilma. V. Landscape Maintenance Report - CLM A. Update on Landscaping . Still a few areas to clean up due to Hurricane damage on Pebble Beach and straighten Washingtonians - will remove remaining stumps and do staking in the MSTU area . Normal maintenance along with removing dead branches and debris . Electricity on front clock not working properly -- E. B. Simmonds have been called . Running irrigation manually on first 2 medians . Relay switch has been taken care of on the pump . A liquid fertilizer is being used on the bougainvilleas on St. Andrews with proper maintenance . Discussion followed on maintaining the other plant material that was damaged by Hurricane Wilma VI. Landscape Architect's Report - Mike McGee A. Front entrance . CLM will clean the front entrance signs . 2 Flag poles need replacing - Darryl will have prices at the next meeting . Front entrance - Phase II - is waiting for a response from FOOT for permits - Darryl will continue to contact them for a speedy response . Will go to bid when they receive the Nntice to Proceed I 16'C13 B. Update on ordering of light poles and benches . Have storage problem for benches - will obtain quotes with storage and assembly included. . Darryl will contact E. B. Simmonds asking for the project to be done sooner - hopefully early to mid-January. (No issue with storage of poles) - The check for the Dora! sign to the Lely Civic Assoc. will be reimbursed in 30 days. It was also noted the Lely Civic Assoc. should get a footing design from Likens. Mr. Slebodnik will contact Mr. Ramsey. - Other signs required to be in the area such as the (Avoid Median & Non-Potable Water signs) should be consistent with the other neighborhood signs. Darryl will contact the Utility Dept. again as to replacing the Non-Potable Water sign with a standard one that is more appealing. - After all the stumps are taken out and the area reassessed, plant replacements will be done. The medians with more damage than others should be done first. An estimate of all damages and replacements will be given at the December meeting. - Debris removal reimbursement from FEMA was discussed. All invoiecs for debris removal must be submitted no later than November 29th. - Tessie mentioned the meeting with all the MSTU Chairmen is being arranged for December. VII. Housekeeping Items: A. Stormwater project - new drainage system was finished by mid-October. Quality Engineering will finish filling in all the sink holes left by the old pipe. VIII. Transportation Operations Report - Darryl Richard A. Project 2 - status of bid proposals, lights, benches, etc. Addressed above. B. Status of reimbursement check to Lely Civic Assn. Addressed above IX. Budget Report A. Tessie Sillery & Bob Cole - Budget Committee . Tessie distributed the final "04/'05 and the new v'05/'06 FY Budgets. Revenues, line items, total and Carryover was discussed. (Attached) . Tessie will get an explanation of what the Tax Collector figures are based on. . Discussion followed on the MSTU fees paid to the County. The Committee felt they are paying more rather than less and will address it up at the meeting for all MSTU Chairman. . Carry forward amounts will also be covered at the MSTU Chairman meeting. X. Committee Reports: A. Doral & Augusta Sign Lighting - Tony Branco . 2 proposals were reviewed by Kent Tech and E. B .Simmonds for the Dora! Circle lighting. 2 161C13 Robert Cole moved to accept Kent Tech's proposal for $1,165. Second by David Larsen. (Doral Sign Lighting) Carried unanimously 5-0. . Sign for Forest Hills Blvd and Augusta - Tony gave 2 options. (Mount light on pole and a solar system) The solar system wouldn't have any expenses for electricity. Discussion followed on fixture and payment options. Robert Cole moved to accept the solar lighting system from Kent Tech for the Augusta/Forest Hills Blvd. sign for $4,353.15 installed and to negotiate 50% payment with George RamseylHomeowners Assoc. Second by Ron Torp. There is a 5 year warranty for the system, battery and bulb with a 25 year warranty on the solar panels. Carried unanimously 5-0. B. US 41 Entrance Landscape Committee - Ron TorplMike McGee - No report XI. Old Business: Nonc XII. New Business: A. Newsletter - The Property Owners Assoc. does a quarterly newsletter. Mr. Slebodnik asked if the Committee would favor doing a I page insert on the accomplishments of the MSTU along with future projects. Discussion followed on the pro and cons and paying for the mailing. It was a consensus of the Committee they follow through with it for the March mailing. Mr. Slcbodnik will writc thc articlc. B. Sunshine Law - it was brought to the attention of the Committce that they need to follow the Sunshine Law. Staffwill be setting up a brief Workshop on the Sunshine according to the Florida State Statutes and how it affects each Committee member. This will be added to a monthly Agenda. XIII. Public Comments: None There being no further business to come hefore the Committee, the meeting was adjourned at 5:35 PM. The next meetinJ! will be December 15. 2005 at 4:00 PM Collier County Landscape Operations 2885 Horseshoe Dr. South Naples, FL 34104 3 16'C13 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMlnEE 2705 Horseshoe Drive South Naples. FI 34104 SUMMARY OF MINUTES & MOTIONS November 17, 2005 Ill. & IV. Agenda and Minutes o( September 21, 2005 were approved and carried unanimously 5-0. X. Committee Reports A. Doral & Augusta Sign Lighting - Tony Branco . 2 proposals were reviewed - Kent Tech and E. B. Simmonds Robert Cole moved to accept the Kent Tech's proposal (or $1,165. Second by David Larsen. Carried unanimously 5-0. . Sign for Forest Hills & Augusta - 2 options were given. Mount light on pole and a solar system. Discussion followed on fixture and payment options. Robert Cole moved to accept the solar lighting system (rom Kent Tech (or the AugustalForest Hills Blvd. sign (or 54,353.15 installed and to negotiate 50% payment with George RamseylHomeowners Assoc. Second by Ron Torp. Carried unanimously 5-0. ~ ~~ =", '" ~ ~~~ ~~-+-o~ 1'001 ::: e-~ ~ocn~ -- c ,.... ....~....""l ~.~ ~ ~ :s..C::>u:, 'Et ~ ~ " " ~~ ~t ,,0 '" N 2 & " N ~ m U " 88888g88888888888 '. ~g~ddg~~ddg~~gddg~ ~~w~~m v~ aOON N m~~~~N N ~~~_ ' :5-"':;: , _w.J~ ",z", ~:::ia:l 88888i1!~ 1ij2ogcidd~:8 (nooCS 0> .......... ::l:CZ:J: N mc.~~ ",0 Q "":~ wl:l:giflo CJw2t") q:s!i!... 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Meeting Report Title Electricity Electricity Electricity Electricity Electricity Electricity Electricity Electricity Electricity Electricity Electricity Electricity Water ISewer Water ISewer Water ISewer Interdept. Reimbursement Sub-Title FP&L - SI. Andrews FP&L - Doral Circle FP&L - 64 Pebble Beach FP&L - 273 Pebble Beach FP&L - 273 Pebble Beach FP&L - 64 Pebble Beach FP&L - Doral Circle FP&L - St, Andrews FP&L - Valley Stream FP&L - 64 Pebble Beach FP&L - 273 Pebble Beach FP&L - Valley Stream Total Amount $29.38 $16.30 $8.46 $8.46 $8.46 $8.46 $16.56 $22.87 $8.46 $8.46 $8.46 $8.46 $152.79 Collier Utilities - Warren SI. Collier Utilities -Doral Circle Collier Ulii/ies . Valley Stream Total $85.22 $26.90 $42.90 $155.02 Collier County Fee Total $2,950.00 $2,950.00 Totallnv. Paid $3,257.81 Engineering LA Other Contractuals Other Contractuals Water & Sewer Electricity Sprinkler Systems Lighting Maint. 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VIII. 16iC14 AGENDA Parks and Recreation Advisory Board October 19, 2005 2:00 pm Golden Gate Community Center Call to Order PledQe of Alleoiance and Invocation Approval of September 21. 2005 Meetino Minutes ~/ ,. ~ Fiala Halas Henning Coyle Coletta 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 V Old Business A. Recognition Award for Dedicated Service for Barbara Johnson - Murdo Smith Reports and Updates A. Financial 2005 - Ray Carter B. Capital Projects - Joe Delate C. Recreation Activities - Mary Ellen Donner Infonmationalltems A. BCC Recaps B. Meeting Schedule/Address List/Attendance Adopt A Park Mise, Corr-es: Date: / /,:),4/0(., Item# / (,I d C (14) C'JOI8S to: Present: Staff: I. II. III. IV. PARKS AND RECREATION ADVISORY BOAJD QJIQ 1 4 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 infomnation 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 fimn 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 consist of picnic areas and open areas for team sports. lease available for the next meeting. 16/C14 Murdo will try to have a 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. ReDorts and UDdates 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 161C14 AGENDA Parks and Recreation Advisory Board Novernber 16, 2005 2:00 pm Golden Gate Community Center I=iala Halas Henning Coyle Coletta _ I. Call to Order ,-7: II. Pledqe of Alleqiance and Invocation III. Approval of October 19, 2005 Meetinq Minutes IV. New Business A. Election of Parks and Recreation Advisory Board Members - John Ribes B. Hurricane Wilma Update - Mary Ellen Donner V. Old Business A. Thanksgiving Weekend Beach Shuttle Service - Mary Ellen Donner B. Irnrnokalee Airport Park Lease Update - Murdo Srnith VI. Reports and Updates A. Capital Projects - Joe Delate B. Recreation Activities - Snowfest and Christmas Around the World - Dennis Gulley VII. Informationallterns A. BCC Recaps B. Meeting Schedule C. Address List D. Attendance Report E. Adopt A Park Assignments VIII. Adopt A Park Report on Clarn McDougall Pass, Veterans Community Parh!lla~rreganderbilt Beach - John Date: Item #: '-;nplr';S to: Present: Staff: I. II. III. IV. 16/G14 PARKS AND RECREATION ADVISORY BOARD MEETING Golden Gate Cornmunity Center - 2:00 prn November 16, 2005 Board Members John Ribes, Chairrnan Ski Olesky, Vice-Chairman Joe Overbeck John MacDougall Tirnothy Toole Skip Riffle Frank Donahue Mary Ellen Donner, Assistant Director Murdo Srnith, Beach and Water Regional Manager Wayne Boyer, Director Joe Delate, Senior Project Manager Arnanda Townsend, Operations Analyst Tona Nelson, Sr. Adrninistrative Assistant Dennis Gulley, Interim Regional Manager Call to Order at 2:00 pm Pledge of Allegiance/Invocation - Tim Toole Minutes of October 19, 2005 meeting approved. Motion made and passed unanimously. (7-0) New Business A. Election of Parks and Recreation Advisory Board Members - John Ribes Each candidate had the opportunity to say a few words about their desire to be on the Parks and Recreation Advisory Board. The Board members voted by ballot for the two vacant seats. Tim Toole and Joe Overbeck were ranked the lowest and will be recommended to the BCC to retain their seats on the Advisory Board. This recommendation will be provided to the BCC for final approval. B. Hurricane Wilma Update - Mary Ellen Donner Mary Ellen gave a brief update on the condition of the parks. She also briefed the Board mernbers on personnel issues. The Board rnernbers praised the staff for an incredible job cleaning up the parks. C. The Purchase of the Naples Zoo - John Ribes (added after the fact to agenda) Collier County purchased 133 acres of the land and the Conservancy purchased 7 acres. John stated that he has prepared a letter to send to the BCC concerning the process and the County's role in developing the zoo and the land. He stated that this is a great opportunity for the public. Motion: The approval of John Ribes to contact the Bee about the Naples Zoo development passed unanimously. (7-0) I 161C14 D. Parks and Recreation Fee Policy - Wayne Boyer (added after the fact to agenda) A handout was provided on the proposed Fee Policy for the Board to review. There was a brief discussion and some questions frorn the Board about the policy. The Fee Policy will be place on the BCC agenda for approval. Motion: To accept the Fee Policy - passed unanimously. (7-0) V. Old Business A. Thanksgiving Weekend Beach Shuttle Service - Murdo Smith The shuttle will pickup and drop off at the Vanderbilt Beach circuit. They will use Beach Access # 1 and # 7. There will be advertising and signage around the community. MBI Buses will be providing the transportation of the shuttle riders. B. Immokalee Airport Park Lease Update - Murdo Smith Murdo reported that the County is working with the Airport Director on fees and a lease agreernent. The negotiations have been going on for four years with eight drafts of the lease. VI. Reports and Updates A. Capital Projects - Joe Delate Joe provided a written report on all capital projects for everyone to review. He noted that there would be a grand opening for Beach Access # 7 on 11/18/05 at 10:00 a.m. North Collier Regional Park is on schedule and the new park sustained little damage frorn the Hurricane. B. Recreation Activities - Dennis Gulley Dennis provided a written report on all the comrnunity centers for everyone to review. He also explained that there is a new prograrn leader at Eagle Lakes Park. C. Full Time Position at Eagle Lakes Skate Park - Skip Riffle (added after the fact to agenda) Skip Riffle voiced his concerns about the full tirne position that was promised when the park originally opened. Staff researched this issue and could not find any information about this position. Skip stated that he wants to see a position in that park before the end of the fiscal year. Staff will report back at a later date. VII. Informational Items BCC Recaps, rneeting schedule, address list, adopt a park assignments and attendance were provided for review. VIII. Adopt A Park - John MacDougall John reported on Clarn Pass, Veterans Comrnunity Park and Vanderbilt Beach. ***Meeting adjourned at 3:52 p.m. The next meeting is at Golden Gate Community Center on December 21,2005.*** 2 161 C~t-9..'''\ir::D i..< ,~, ~ 'i.'~'"':' i.,:' ','" ~ '~ .' .:' ',- .. ~.. ' .- ,...... PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit 13\8[-,' ~.' , nl!;ii~;",:':JrI-'-'f~~ NOTICE IS HEREBY GIVEN OF A 'REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES. FLORIDA 34108 ON THURSDAY, DECEMBER 8. 2005 at 2:00pm. 7. 8. 9. 10. NOTICE OF PUBLIC MEETING THURSDAY, DECEMBER 8, 2005 1. 2. 3. 4. 5. Roll Call Approval of Minutes of the November 9, 2005 Board meeting Audience Participation Fiala Clam Bay Annual Report - Turrell & Associates Halas Chairman's Report Henning Hurricane Follow-up Coyle Oakmont Wall Coletta Bike Lanes - Mr. Spanier PBSD Commercial Member Situation Sub-committee Reports Clam Bay Sub-committee Clam Bay Annual Monitoring Report Clam Pass Inlet Beach Renourishment Budget Sub-committee Review and Approve Mission and Objectives Oakmont Lake Project Review Alternatives Select Preferred Alternative "Fair Share" Cost Sharing - Update Status Red Flag/Green Flags Capital Projects Irrigation and Landscape Improvements System III & IV Retention Area Improvements - Test Area Community Issues Misc. Corres: U.S. 41 Street Lighting Sidewalk Overlays Hurricane Charley Storm Damage Committee Reauests Audience Comments Adjourn / V" /, L/ Date: J / do <.J. / Or.. t ltem#: /{q:L ;;J ( CIS) ADDITIONALLY. THIS NOTICE ADVISES THAT. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND 6. Copies to: 161CfS TIIAT FOR SUCH PURPOSE. HE MAY NEED TO ENSURE TIIAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597-1749 AT LEAST FIVE CALENDAR DA YS PRIOR TO THE MEETING. Pelican Bay -located in the County's District 2 in Z 0 C 0 0 N 1-1 Z ... V) c:r: 0 1-1 M > V) a::: 1-1 W C :::)V)W V) ZwCD w wa:::% u >:::)W 1-1 w~> ~ a::: 1-1 0 u..CZ w olfiC) V) > ~D..Z c:r: Z)(I-I CD wwC % Z Z w w c:r: ~ C U ~ 0 1-1 .... 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I~ _0'- a:: I I N N 161 C 15 From: ChesneyBarbara Sent: Wednesday, November 16, 2005 10:59 AM To: mcpherson_trisha Cc: deane_c; Feder_N; MartinEddie; thorpe_' Subject: fIN: quick (hopefully) question :-) Trisha: The anticipated completion date for VBR is November of 2007. Please see current status and circumstances affecting this project below: . To date this project has had to cope with 87 inches of rainfall . We are facing delays due to utility relocations performed by Sprint and FPL and until they are free to have their crews back on the job there will be more delays. The actual total number of days the project is delayed due to crews being pulled off to deal with hurricane related issues won't be known until the crews show back up on the project site. . Hurricane Arlene impacted five days . Total of eight days immediately impacted by Hurricane Wilma . Hurricane Denis impacted one day . Hurricane Rita impacted two days . A total of 16 days were affected by hurricanes in 2005 I hope this addresses your question. Please contact Eddie Martin at 659- 5795 if you have any further questions relative to this project. On behalf of Lynn Thorpe/Eddie Martin, TEeM Barbara 161C 15 PELICAN BAY SERVICES DIVISION BOARD MEETING November 9, 2005 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, November 9, 2005 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. John laizzo Mr. Matthew Mathias (Absent) Mr. David Nordhoff Mr. David Roellig Mr. Donaid Spanier Mr. Edward Staros (Absent) ALSO PRESENT: Nine (9) Pelican Bay residents; Mr. Gary McAlpin, Coastal Projects Manager, Collier County; Ms. Kara Cave, Turrell & Associates; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division; Ms. Jean Smith, Operations Analyst, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary Mr. James Carroll, Chairman Mr. Christopher Sutphin, Vice Chairman Mr. M. James Burke, Vice Chairman Mr. John Boland Mr. John Domenie AGENDA 1. RollCall 2. Approval of Minutes of the October 5, 2005 Board meeting 3. Audience Participation 4. Chairman's Report Hurricane Preparation and Response Ordinance Update Contract Amendment with Severn Trent Change in Scope of Services and Contract Sum Extension of Contract through 2006 Change in our East Berm Committee membership Naples City Council Meetings - comments 4. Status Report - Hurricane Wilma 5. Potential MSTU Tax Relief 6. Sub-committee Reports Clam Bay Sub-committee Clam Bay Annual Monitoring and Improvement Schedule Clam Pass Inlet Beach Renourishment Budget Sub-committee Hurricane Wilma Costs - affect on FY 2006 Budget FY 2005 Year End Results FY 2007 Step I Planning Mission Objectives Oakmont Lake Project 7. Red Flag/Green Flags Capital Projects Irrigation and Landscape Improvements System III & IV Retention Area Improvements - Test Area Community Issues U.S. 41 Street Lighting Sidewalk Overlays 6241 Pelican Bay Services Division Board November 9, 2005 161 Hurricane Charley Storm Damage 8. Committee Requests 9. Audience Comments 10. Adjourn ROLL CALL Mr. Carroll asked that the record reflect that all members are present with the exception of Messrs. Edward Staros and Matthew Mathias with excused absences. APPROVAL OF THE MINUTES OF THE OCTOBER 5. 2005 REGULAR MEETING Page 6215, correction "There are '1hree" City, '1hree" Marco Island and '1hree" Unincorporated representatives on the Committee". Mr. Sutphin moved, seconded by Mr. Burke and approved unanimously the Minutes of the October 5, 2005 regular meeting, subject to the above referenced change. - - - --- -- - -- ---- AUDiENCE PARTICIPATION Mrs. Rosalee Johnson-Fogg - Greentree Drive resident - "I have been here for the last two meetings and I don't know if I can stay for the Oakmont Lake Project item on today's Agenda". I did talk to Mr. Kinney at the Foundation and he is in receipt of your letter and has responded that the Foundation is giving their approval to look at this project. I know that you are looking for community input and I wanted to volunteer for help on that issue. I did take some pictures around town and did go down to the Ritz like you had suggested. I would agree that the stone may be a better option and we would probably have the same issues as we do now with another wood. If you want participation, I would be able to do that. Mr. Spanier asked, 'Which of the neighborhoods are you from"? Mrs. Johnson-Fogg replied, "I am on Greentree, but the neighborhood is called Barrington". We don't have a community group, but I know Oakmont does and I know a lot of people who walk the lake. I have some time that I can work on something like this. Mrs. Johnson-Fogg continued, "At last month's meeting there was a vote to add approximately $150,000 to the fund to put more sand on the beach". I was discussing that with 6242 Pelican Bay Services Division Board November 9, 2005 16/Cl somebody who asked how much additional sand that was, but I could not remember that discussion. Mr. Carroll replied, "It was $840,000 and we added an additional $160,000 to bring the total to $1,000,000". Mrs. Johnson-Fogg replied, "Right, but how much extra sand do we get for that amount"? Is that adding to a section of the beach or just more sand onto the beach? Mr. McAlpin, Coastal Projects Manager, Coliier County - 'What we would be doing is filling the sand to the design template of the beach". We are looking to maintain the beach at a width of 85'-100'. Mr. Burke asked, "Are you asking how many more cubic yards of sand"? Mrs. Johnson-Fogg replied, "Right". Mr. McAlpin replied, "It was originally 30,000 cubic yards and is now 36,000 cubic yards". Mr. Domenie stated, ''That is also still dependent upon the new survey, which is being taken post Hurricane Wilma". Mr. McAlpin replied, ''The survey has been completed and we will be providing you with that data as soon as it is available". Mr. Roellig stated, "The difference is that the back part of the beach will be higher, so that during storms it is iess likely to be over-topped". When the beach is over.topped it is more iikely that the sand would get pushed back into the mangroves. It would be more of a berm to hold the beach and keep it from being iost into the vegetation. Mrs. Johnson-Fogg stated, ''The only thing I see that might push the Oakmont Lake Project back turther is that you do need to look at the erosion that is going on around the lake as well. When I talked to Mr. Kinney, he indicated that he has looked at it and additional sand needs to be placed along there and grass allowed to grow all the way down to the waters edge. I do think that when you are looking at Oakmont Lake you need to look at the erosion aspect of it as well. Mr. Merlin L1ckhalter - Pelican Bay resident and member of the Board of Directors of the Pelican Bay Foundation - "I originally did not intend to come up to speak on Mrs. Johnson.Fogg's 6243 Pelican Bay Services Division Board November 9, 2005 16 Ie 15 point". For those of you who don't know, the letter that was referred to regarding Okamont Lake also noted that the Foundation wanted a representative to represent them in the design review of whatever improvements that were planned". I have been appointed as that representative. Mr. Lickhalter continued, "I am here to talk about something else". I understand that for some time the County has been intending to resurface Pelican Bay Boulevard. Could you enlighten me as to when you think that may happen? Mr. Carroll replied, "It is on their spring program and should happen during March or April". We have been following that very carefully and have Mr. Lukasz checking to make sure that it stays on the program. Mr. Lickhalter stated, "Some time ago, I spoke to a lady whose name I cannot recall, but she is the head of the group in the County called Alternative Transportation Modes". She told me that Pelican Bay Boulevard meets their criteria for the inclusion of a painted bike lane in each direction. She indicated that they would have no problem at all doing it and meeting all of the safety standards, but would require your group's approval. I was wondering if you, in some way, have gotten input from the residents of Pelican Bay to determine if it is something that they would like to have done? Mr. Carroll stated, ''This comes up every two to three years". We have had votes taken on it and approximately seven or eight years ago a test area was painted along a portion of Pelican Bay Boulevard North. When it came before this Board to determine if we shouid move forward with it, it was voted down. It has come up once or twice since that time and it keeps getting voted down. I would say that it has not been brought up during the past two years. Mr. Lickhalter asked, 'Was this decided with community input or was it decided by the Board"? Mr. Burke stated, "I was not involved with this Board when that outcry took place and I know where you are headed with this, but in my mind it would have to be a massive town hall meeting to bring out everybody in this community who is pro and anti bicycle lane". In my mind, this Board could not make that decision. When that lane was painted along the Boulevard, the outcry to get it removed was humongous. As I recall, that lane immediately filled up with babies 6244 Pelican Bay Services Division Board November 9. 2005 16 , C 15 in carriages, rollerbladers, kids with hockey sticks, etc. It was a mess. To revisit it. I think we would have to have a full-blown total town hall meeting. Mr. Nordhoff stated. 'We heard from FDOT some time ago that our roads were such that we could not have two lanes of traffic and a bike lane because they would require a safety zone between the bike lane and roadway and so many feet would have to be hashed marked". The bottom line was that we would have to live with one lane of traffic and we did not think that was adequate for the main roadway and it died a very quiet and peaceful death. To bring it up again does not change the laws that we were informed of. so it is really kind of a moot point. We can't get two traffic lanes and a bicycle lane with the current width of the Boulevard. Mr. Lickhalter replied. "I was told by the lady in Transportation that the existing road does meet the criteria for two safe traffic lanes and a bike iane". Mr. Spanier stated. "I have a huge file on this subject. which I will share with you after the meeting". Less than two years ago. we met several times with the lady who was in charge of Alternative Transportation, who I believe has since been moved elsewhere. We drew schematics to deal with the various options for protecting the safety of working crews, allowing for passing traffic, taking into account the curb cuts and bicycle lanes. We were advised that It was not feasible. unless Pelican Bay was willing to go to one lane of traffic in both directions, to do precisely what you are requesting. I am perfectly willing. if the Board is willing, to reinvestigate the matter with you. Let's do it. because you have several bicyclists here and it is a fact that this Board has revisited this issue with really bad results each time. I will make that material available. Mr. Carroll asked, 'Will you do that Mr. Spanier"? Mr. Spanier relied. "Ves". Mr. Lickhalter asked. "If it is determined that it is technically feasible and safe. and I agree it would take considerable community input. would your group commit to getting that significant input from the community before you revisit the subject"? Mr. Carroll stated. "I agree with Mr. Burke that we would have to have input". After we hear the answer, we would then have to decide if we would want to sponsor such a meeting. 6245 Pelican Bay Services Division Board November 9, 2005 16'C15 Mr. Spanier stated, "I was the Sub-committee Chair". It was an ad hoc committee set up to investigate the feasibility of bike lanes. Mr. Lickhalter asked, "If it is technically feasible and safe, will you commit to getting community input"? Mr. Carroll replied, "I wili not commit to that until I see what the answer is". Mr. Burke stated, "This is a selfish wish on my part, but I would love to see Pelican Bay Boulevard one way, each way". I think that would cut down on cut trough traffic and slow down the normal traffic. Mr. Domenie stated, "It was one lane for bicycles, hash marks, one lane for traffic and six feet of hash marks". That is the way that it was presented to us by the Department of Transportation at that time. Mr. Spanier stated, "Mr. Lickhalter, I will contact you". CHAIRMAN'S REPORT HURRICANE PREPARATION AND RESPONSE STATUS REPORT - HURRiCANE WiLMA Mr. Carroll stated, ''There is another item on the Agenda, which is also a Status Report on Hurricane Wilma and I think we can combine these two items". All I wanted to say was that the response that Mr. Lukasz and his crew made to the preparation and clean up after the storm was outstanding". Mr. Lukasz, what did you have in mind with regard to a status report? Mr. Lukasz stated, 'With regard to landscaping clean up along the rights-of-way and the Foundation facilities, all of the horticulture debris has been cut up and ready for pick up". At this point the debris has been picked up in most places, with the exception of the US 41 berm. There is some substantial damage on top of the U.S. 41 berm that cannot be seen from the roadway. The County crews continue to pick up the horticulture debris and as of today, they have been through the entire community. They will continue to make passes to pick up the additional materials that get placed along the roadways. We will now go through the trees that had considerable damage and either remove or prune them as necessary. We will also continue to grind down the stumps from the trees that have been removed. 6246 Pelican Bay Services Division Board November 9, 2005 161C 15 Mr. Lukasz continued, "The County has also indicated that they are moving ahead to start picking up building debris that has been placed along the roadways". Ninety-five percent (95%) of the traffic signage that was leaning has been straightened and the balance should be compieted by the end of the week. Three signs were damaged and those materials have been ordered and should be replaced within the next two weeks. The straightening of the light poles should be completed by the end of next week. There were two poles broken in half and those poles have been ordered and should be replaced by the end of December. There was no structural damage to the water management system, mainly limbs and trees thrown into the swales and lakes. We have begun the removal of those materials and that should be done within the next week. Mr. Lukasz stated, "There were some downed trees along the retention area on the east side of the berm". There is a question of whether we are going to go in there and remove those materials. We have provided the updates to the Clam Bay Sub-committee earlier. Last week we had a crew in there clearing some of the creeks and interior channels, at least in the strategic areas where flow was blocked. There is still a considerable amount of work to do and that should be completed by the middle of December. There are also a lot of trees down within the mangrove forest itself and there was a question of how much of that material should be removed. We spoke to Turrell and Associates and from an environmental standpoint there is no purpose in doing it. It is more of an aesthetic issue. The Clam Bay Sub-committee basically said that they thought the removal should be with the trees that are at the immediate edge of the system, along the berm. Mr. Carroll asked, "Do you find that once your debris has been removed, the next day more arrives"? Mr. Lukasz stated, "Yes, with the condominiums". We didn't see that so much with Hurricane Charley, but a lot of the associations did place their debris out by the roadway. After the contractor had made his initial pass picking up the debris, there were still additional materials coming out. 6247 Pelican Bay Services Division Board November 9, 2005 16/C15 Mr. Spanier stated, "Yesterday I saw that there were storm related trucks spraying some of the piles of debris along the roadways". The press and television stations had pointed out in the past few days that these piles of debris have become the new homes for rats and a large variety of undesirable creatures. I was wondering who initiated the extermination. Did we do that? Mr. Lukasz replied, "It had to be the County because we did not do it, nor did we request it". I did hear one complaint about some rats, but 1 believe it was from the storm driving them out and not piles of debris. Mr. Spanier stated, "The spraying was taking place along Oakmont Parkway and down Pine Creek Lane". They were very professional crews, in white trucks and the men were dressed very appropriately, in protective clothing. Mr. Lukasz stated, "A majority of the debris piles have been picked up". The ones you are seeing out there now have been placed there since the initial pass. Mr. laizzo asked, "Are there any intentions to inspect the sidewalks"? The sidewalk, between the Commons entrance and the full stop at the corner of Guif Park Drive on the west side of Pelican Bay Boulevard, is badly broken. Heavy-duty machinery came in and just wiped out the sidewalk. Mr. Lukasz replied, "I will take a look at that". Mr. Domenie stated, "I am sure that we also lost some sprinkler heads". Mr. Lukasz replied, 'We are going through that now". Mr. Petty stated, "As you have already talked about, Mr. Lukasz has done one heck of a job in addressing a hurricane". He was out there immediately after the storm clearing the primary roads. He got to the secondary roads on the third day. The material leaving Pelican Bay happened quicker than any place else. Compared to the East Coast, 1 can tell you that Pelican Bay is better than anything on that coast and I thought they were doing a heck of a job over there. Mr. Petty stated, 'What we suggest that we do is put out a small informational newsletter on the hurricane". 1 have handed out a sample and that is to only show you the format. Virtually hundreds of residents have been calling the office and this provides a summary of what is going 6248 Pelican Bay Services Division Board November 9, 2005 161ClS on and provides some type of closure. It brings the information to the residents in a timely fashion and we think that is very important. Secondly, it provides some type of closure to the event and a staff report on what has been done and what is left to do, so that the residents can feel that their staff is responding well and can go about their own duties. It also provides a pat on the back to the outside staff, that in my opinion did a remarkable job. Mr. Petty continued, "I would like you to consider this and if the Board would authorize this newsletter, what we intend to do is have approximately 3,000 copies printed at a cost of $1,300. They would be placed at the Foundation facilities, beach entryways and at all condominiums. We would have them in our office and any other venue where they could be handed out. We would not do a mailer. In this manner we think we can reach most of the people that may still have issues related to the storm. Is it mostly informational in nature and contains some contact numbers. If you do approve it, we would have it distributed in Pelican Bay on Monday. Mr. Carroll stated, "This is very time sensitive". Mr. Petty and Mrs. Smith have done the work on this project and he has asked me to participate. My big issue was how we were going to get this around. It costs approximately $5,000 to mail a newsletter. Mr. Petty has been suggesting that we just do what we can to distribute it throughout the community. It is not full coverage and does not get to the people up north, but it is certainly a beginning. Mr. Nordhoff asked, "Is 3,000 copies enough"? Why should we shortchange ourselves? When you start the presses the price usually drops with more copies. Mr. Petty replied, "The start-up costs are normally the largest". Mr. Nordhoff stated, "I don't think that 3,000 is adequate". Mr. Carroll stated, "I have no objection to that". Mr. Nordhoff stated, "I was thinking more in the 5,000-6,000 range". Mr. Carroll stated, "We have 6,500 residents". Mr. Roellig stated, "I would assume that everybody gets one". Mr. laizzo stated, "If you are going to go that high, you need to deliver it to the condominiums and each sub-community". 6249 Pelican Bay Services Division Board November 9, 2005 16 , C 1~5 Mr. Petty stated, "The information in the newsletter is more for the residents that were here during the storm and information to those up north who may have read about it in passing and are curious about what is going on, but don't want to bother the manager of the building". That is why we came up with the 3,000 figure. It is fairly time sensitive and to meet the first objective to be responsive to the residents, we would like to get it into Pelican Bay on Monday. Mr. Carroll moved seconded by Mr. Roe/lig and approved unanimously that we approve $1,300 for printing of the newsletter Mr. Burke stated, "This is a nice piece of work". Mr. Sutphin stated, "I assume you are going to put this on the website". Mr. Petty replied, "Yes". Mr. Sutphin stated, "Put the website URL in the newsletter". Mr. Petty stated, "It is in the middle of the section called "PBSD", where they talk about the Division". Mrs. Smith made sure the website address was there. ORDINANCE UPDATE Mr. Carroll stated, "We covered the Ordinance Update at the last meeting and the two changes that were requested have been made". Unless you have any comments, I would like to move that we approve the Ordinance. Mr. Carroll moved seconded by Mr. Sutphin and approved unanimously to approve the Ordinance as rewritten. CONTRACT AMENDMENT WITH SEVERN TRENT CHANGE IN SCOPE OF SERVICES AND CONTRACT SUM EXTENSION OF CONTRACT THROUGH FISCAL YEAR 2006 Mr. Carroll stated, "The contract amendment with Severn Trent contains two documents". One is the Revised Scope of Services and the other is the Amendment to the Contract. Because of the size of the contract, it is necessary to go through the formality of amending it. Mr. Petty and I have worked the change of duties and change in compensation together. The current contract had a basis of $48,000 per year and the new contract, beginning January 1, 2006, will have a basis of $24,000 a year. This is a two-part request. One request is the Scope of Services 6250 Pelican Bay Services Division Board November 9, 2005 161 C 15 and compensation and the second is the extension. Our current contract is a three.year contract, with a one-year option, if both parties agree to the extension. If we approve this contract amendment, we extend the contract with Severn Trent through a fourth year, beginning January 1" at the new contract rate. Mr. Sutphin stated, "I think this is absolutely wonderful". We pay half as much and Mr. Petty works twice as hard. Mr. Roellig asked, "Can you describe why we are cutting his duties"? Mr. Carroll stated, "There are quite a few things in the old list of duties, which required that the Administrator do more than he does". What we wanted to do was define more of what we expected of him. For example, it says that the Administrator would prepare the budget. The Budget Sub-committee now prepares the budget and more responsibility is now being taken by the Board and away from the Administrator. It also says that the Administrator shall work with the personnel employed by the County to perform the Pelican Bay work. What it said before was that the Administrator would supervise and manage the personnel. It is a different approach that we are using. Mr. Roellig asked, 'Who is supervising the management"? Mr. Carroll stated, "Our Board is, through Mr. Petty, but he takes more direction from us". Mr. Roellig stated, "My problem with this is because we work under the Sunshine Laws, there is no possibiiity of interaction with other Board Members as far as management goes between meetings and I am somewhat uncomfortable about that". I would personally prefer to see the Administrator do the actual managing. Our previous manager was here one day a week and wiil Mr. Petty still be here one day a week? Mr. Carroll replied, "No". Mr. Roellig stated, "I guess I am uncomfortable with the Board taking more of a management stance when we can't discuss various issues among ourselves between meetings". Mr. Carroll replied, "It is awkward". I think this more directly deals with the way we are operating now. We are moving away from this job being independent and the Board has more management control than we had before. 6251 Pelican Bay Services Division Board November 9, 2005 16 Ie 15 Mr. Petty stated, "I would like to take the emphasis off of the words "less independent" than it was before". The Manager's Office is the Manager's Office and that did not change in the agreement. It is still a function of the Manager to implement the policies of the Board, not a single member of the Board. Your decisions made in this public forum, are to be implemented through my office and through the staff. What we are lessening are those institutional services that haven't changed for some time. Your staff here, with Mr. Lukasz, Mrs. Barbara Smith and Ms. Jean Smith, are very capable of doing that and interfaced with the Budget Director, Chairman and other Board Members, handles those day to day tasks very well and are able to fine tune them without any help from management. For those actions of an everyday nature for programs that are already in place, those are expected to go through the office and staff without a problem through people like the Chairman of the Budget Sub-committee and the Clam Bay Sub- committee. That way they can talk to Mr. Lukasz and tell him what they want in the power point and for Mrs. Smith to know what is needed at the meetings. Typically, Mr. Ward had been available in the past as your Manager to implement new programs and you had also required him to be on site for a particular period of time for customer relations. Since it has become institutional in nature for a lot of these tasks, it is no longer required that you have a Manager on site. Your existing on site staff is capable of handling these issues, so we were able to lessen the Manager's duties in that regard. This does not empower a single Board Member to handle the operations of the Pelican Bay Services Division. I don't know that there is a greater concern now than there was before of Board Member interaction with the Services Division staff. I think it stays in the great working relationship that it has been. Mr. Carroll stated, "My reaction is that I think the interaction of Board Members with staff has increased". Mr. Burke stated, "I like the way this is written". Mr. Carroll, did you and Mr. Petty get together to come up with this? 1 dug up one from a previous extension and it was very difficult to read. This one is simple and understandable and anyone who looks at it is going to know what we expect of the job. Mr. Carroll stated, "I should tell you that I wrote that other one also". 6252 Pelican Bay Services Division Board November 9, 2005 161C15 Mr. Domenle asked, "Mr. Petty, are you comfortable with this"? Mr. Petty replied, "Yes, except where Mr. Sutphin started off saying less money, more work". I think we are focusing on the necessary items that are needed in a Manager now, versus what you needed in a Manager years ago, when you were implementing so many new programs. Mr. Sutphin stated, "It is a more intelligent use of the resource". Mr. Petty stated, 'We have the option, should something of a special nature come up and the Board would need services over and above these requirements, to do so at an hourly rate". Mr. Carroll stated, "I am glad you mentioned that". If we ask Mr. Petty to do something beyond what this says, there is a way to do it on an hourly basis. Mr. Domenie asked, "Should that be in the contract"? Mr. Carroll stated, "It is in the original contract". Built into contracts such as this, there is an option for a Change Order and that is what it would amount to. Mr. Domenie stated, "I can imagine that with the Okamont wall there may be more time required". Mr. Petty stated, "That is something that I think would be handled mostly by existing staff". You are talking about a program where Mr. Lukasz has a great deal of experience and your landscape architect has already looked at it, as well as this Board has looked at it in the past. The hourly rate is more for if you want to do a rate evaluation looking at your assessments compared to other areas from across the State. That is something that I would say would be provided on an hourly basis and Severn Trent would do that analysis for you. If you want to look at additional services that you currently are not budgeting for, would be for another type of Clam Bay or an uplands area that you wanted to maintain. That is something we would want to do on an hourly basis, because it is a new service to the Services Division. The existing Services Division is well thought out, well operated and maintained by your existing on-site staff. Maybe it was because Mr. Ward created it so well that It really doesn't take much from me at all. Mr. Roellig asked, 'What is the actual hourly rate"? Mr. Petty replied, "One hundred twenty-five dollars an hour if you hired me today and it would be adjusted annually". 6253 Pelican Bay Services Division Board November 9, 2005 16 I C 15 Mr. Spanier stated, "Mr. Carroll, I think this is a good piece of work". I also think that the intent should be carefully reflected in the Revised Ordinance that we have just reviewed and agreed to pass on to the County. It seems to me at a first giance at this document that there is somewhat more clarity with respect to the scope and functions, not only of the Manager and the Board, than in the revision of the Ordinance. If my colleagues agree, I would just as soon spend a little more time between now and our next meeting being sure that we have synchronized to our full satisfaction, what I think has been very beautifully formulated and implemented in this document, with the remnants of an Ordinance that has been reworked. Mr. Carroll replied, "I understand what you are saying and I think taking time to do that would be difficult". The Ordinance is one kind of a document and legalistic and a lot of constraints put on you if you want to change it. This we can do ourselves. I agree they need to be in sync and if you are saying we are talking about doing something here that should be in the Ordinance, I guess I am reluctant to do that at this time. It may be that after we have worked with Mr. Petty for six months or so, there may be things that pop up that would suggest that we incorporate it into the Ordinance, but I tried to keep that in mind as I was working with both documents. Mr. Carroll stated, "Mr. Boland, three years ago we had this three year agreement which expires December 31, 2005". There was a provision in that Agreement by both parties that it could be extended another year. What we are about to do is approve that. Mr. Sutphin moved seconded by Mr. Domenle and approved on a vote of 8/1 to approve the contract amendment and to approve the contract extension with Severn Trent for one additional year. Mr. Roellig cast the dissenting vote. -- --- -- - ~ - -------- -- CHANGE IN OUR EAST BERM COMMITTEE MEMBERSHIP Mr. Carroll stated, "I would like to ask that Mr. Burke take over as Chairman of the East Berm Committee". I have been doing that myself and think that with your responsibilities for Clam Bay and the Water Management System, it makes more sense for me to have you Chair that Committee. I have also asked Mr. Petty to replace Mr. Ward on that same Committee. Mr. 6254 Pelican Bay Services Division Board November 9, 2005 161C15 Lukasz is the other member of the Committee, along with the two representatives from the Foundation. Mr. Sutphin stated, "I did not know that Committee existed, 1 have never seen a reporf'. Mr. Carroll stated, 'We were having reports". It has to deal with the test area between the Montenaro and the Claridge. We thought we would have a meeting during September or October, but Mr. Lukasz felt we were not ready to do that. He did not have the test area set up. Mr. Lukasz stated, "The area got beat up during the storm, so it will have to wait". Mr. Carroll stated, "Mr. Lukasz is the person who has to call the shots of when you should have the next meeting". It will be when the test area is done, but it also needs some publicity so that the people who live along there can observe it. NAPLES CITY COUNCIL MEETINGS - COMMENTS Mr. Carroll stated, ''There were two Naples City Council Meetings over the last three to four weeks". Some of us have attended all of those meetings. I don't propose that we dwell on it, but I did want to acknowledge the fact that it is going on and there are members of this Board who have been attending and making statements and comments. The meetings are all broadcast on teievision. On Wednesday, November 16'h at 1:00 P.M. the Naples City Council is having a meeting dealing with Pelican Bay. The morning session will cover everything, with the exception of the Annexation issue. The question of whether or not they will pass an Ordinance will take place at that time. ELECTION OF NEW BOARD MEMBERS Mr. Roellig asked, "Is the election of new Board Members moving forward"? Mr. Carroll replied, "In eariy December, Ms. Filson will send out the notice saying that now is the time for anybody interested in a position on the Board to fill out the proper application forms". Mr. Roellig, Mr. Staros and myself go off of the Board. We can run again, but I will not be running for another term. Mr. Roellig, are you going to reapply? Mr. Roellig replied, "Probably not". Mr. Carroll stated, "I cannot speak for Mr. Staros, we will have to ask him that question". 6255 Pelican Bay Services Division Board November 9, 2005 16' C 15 w' Mr. Roellig asked, 'Will Mr. Domenie have something in the Pelican Bay Post about that"? We do need some publicity about the election. Mr. Carroll replied, "Yes", we can put that on the agenda to be talked about at our next meeting". Mr. Carroll continued, "I am working against some time pressure and Mr. Petty has to leave at approximately 4:00 P.M." I am going to ask if there is anything specific that needs to be addressed while Mr. Petty is still in attendance at the meeting? Mr. Sutphin, I know you had something about your meeting with the County. Mr. Sutphin replied, "That will take two minutes, if you want to take it out of sequence". Mr. Carroll replied, "Go ahead" POTENTiAL MSTU TAX RELIEF Mr. Sutphin stated, "Yesterday, Mr. Petty and I met with Mr. Smykowski, the County Budget Director". The purpose of the meeting was to explore possible tax relief in the area of the Unincorporated General Fund, which is also called the MSTU Tax on your tax bill. It was an exploratory meeting and I would say that, in general, it was positive. We focused on two areas, which were cost sharing and areas where the Services Division provides a service, which is also provided by the County in other Unincorporated Areas. We talked primarily about landscaping expenses because that is, far and away, the single largest area of operating expense that we are involved in. All of the other non-capital areas are dwarfed by the amount of money we spend on landscaping. We talked about the potential for cost sharing. Mr. Smykowski's reaction was that he would discuss it with his boss, Mr. Mudd, the County Manager, and get back with us. I will say that he was positive, although guarded, in his comments. Mr. Petty, is that a fair statement? Mr. Petty replied, "I believe 50". Mr. Carroll stated, "I am kind of excited about the possibility of this happening". Sutphin replied, "I would not get too excited about anything happening". I always take the position that if you don't ask, you never give them the chance to say no. So, we are going to find out, but don't get your hopes up. 6256 Pelican Bay Services Division Board November 9, 2005 161C15 Mr. Sutphin stated, "The second area we talked about is more operational", It deals with the hand off of selected Capital Projects to the Pelican Bay Services Division. The one project that stimulated me to bring it up was the horrendous experience we have had with getting the sidewalks fixed, It deals with getting some agreement that in areas where the County has responsibility, as they do for sidewalk maintenance, and they, for whatever reason, don't get around to getting it done, if we couid work out a mechanism where we would pick up the responsibility for getting the jOb done and they would pay for it. Again, he agreed to discuss it and I have no assurances that we are going to get a favorable response, but again it doesn't hurt to ask. We left it that Mr, Smykowski wlii talk with the County Manager and he will get back to Mr. Petty and I assume that the next logical step would be another meeting. I will report anything of substance at our next meeting. Mr. Carroll stated, "I believe using the sidewalks is a good example", Mr. Lukasz has been working on this for an entire year and if he would have been running the project himself it would have been done, Mr. Sutphin stated, 'We have always had the option of doing it if we wanted to pay for it". What I am trying to get is an agreement that where it is the budgetary responsibility of a County department, they would allow us to do it and they would bear the cost. We will see what happens. SUB-COMMITTEE REPORTS CLAM BAY SUB-COMMITTEE CLAM PASS INLET Mr. Burke stated, ''The Clam Bay Sub-committee met this afternoon with two main subjects, which was the Clam Pass Inlet and Beach Renourishment". We, along with the CAC, have been charged by the Collier County Commissioners to come up with a plan for the dredging of Clam Pass and the corresponding renourishment of Clam Pass Park Beach. The plan should be acceptable to all of the parties involved and those parties are Pelican Bay, the Seagate people and the Coastal Advisory Committee. Mr, McAlphin, the Coastal Project Manager of the County, works within the jurisdiction of the CAC and has been charged with putting this plan together. We have been working with Mr, McAlpin and got the Seagate people involved and they attended our 6257 Pelican Bay Services Division Board November 9, 2005 16 I C 1-5 Clam Bay Meeting earlier. Conceptually, we have come up with the workings of a plan, I will allow Mr, McAlpin to take it from there, Mr. McAlpin stated, 'We were charged by the County Commission to come up with a plan that will renourlsh the park and handles your concerns for the sand on your beach". As a background, in 1988 you can see that the pass was moving towards the north and the beach was relatively straight. The general flow of sand in the County is from north to south. There is some sand build up, but not a significant amount. In 1999, the pass had changed a little because it is a very dynamic pass and changes, based on Mother Nature, and will continue to do so as we move forward, The beach is essentially straight. It was about this time that you had your mangrove die off because it was not getting enough tidal flushing. At that time you increased the mouth of the inlet about three times and did that because you wanted more saltwater coming in to flush the mangroves to keep them healthy. When you increased the mouth, you also created the dynamic for the pass. The dynamic for the pass is that it tends to build up a shoal on the outside. This is what you have now, which is a tremendous sandbar and on the opposite side there is approximately 200' where there is more beach on one side than the other, Essentially, what has happened is that the down drift sand, because of slower velocity, settles. Over the years you have built up 70,000 cubic yards. We know this because we do a survey every year that tells us how much sand has accreted each year. This picture was taken in 2005, but the information I am sharing with you is based on a survey that is two months old. The survey was taken right after Hurricane Katrina. Mr, McAlpin continued, 'We need to renourish the beach south of the pass because there is a lot of public on the beach and it is very narrow", It has been starved of sand because of what has been done with the dredging for tidal flushing. We have recently completed the survey and within the inlet area there is approximately 10,000 cubic yards of beach compatible sand and is sand that can be placed on the beach, In the shoal area we propose to dredge a box to get 20,000-25,000 cubic yards of sand, The dredging would be to a depth of approximately 5-1/2'. When we dredge the channel it will improve the tidal flushing that you have and will not hurt the mangroves. We have confirmation from a number of different sources that will validate that 6258 Pelican Bay Services Division Board November 9, 2005 161 C 15 statement. We need approximately 30,000 cubic yards to renourish the park area and we would get it from 10,000 cubic yards in the channel and 20,000-25,000 cubic yards of the shoal. When we dig the shoal area, over the next eighteen months to two years we are going to take 20,000- 25,000 from the beach that will move to fill up the sump area. From the area that has been built up by 70,000 cubic yards, we propose taking 20,000-25,000 cubic yards of sand, which will naturally move to fill in the sump area. Mrs, Kay Potter asked, "You keep saying "we". Will this be a mechanical or natural operation? Mr. McAlpin replied, "It will be either a mechanical or hydraulic dredge". There will be no equipment on the beach. There will be a piece of mechanical equipment, which will remove sand from offshore, but nothing on the beach. Mrs. Potter asked, 'Will the filling of the hole be a natural event"? Mr, McAlpin replied, "Yes, a natural event that will take place over a one to two year period". Mr. McAlpin continued, "Obviously there are concerns about taking sand off of Pelican Bay beach and using it to renourish the public beach". If there is more erosion than we thought, we are prepared to write into the conditions of the permit from the FDEP, that if erosion surpasses certain points, the beach will be renourished by the CAC and not by Pelican Bay, We have developed a balanced plan that addresses the needs of the beach and the needs of continuing to maintain the health of the mangroves; it straightens out the channel and continues to improve the flushing. We are trying to get conceptual approval by the Pelican Bay Services Division Board so that we can move forward to develop a specific plan, The safeguards will be built into the permit so that if erosion occurs past a certain line on the beach, it automatically triggers renourishment. Mr. laizzo asked, 'Would that be written into the specifications"? Mr. McAlpin replied, "It would be a condition of the permit". We are trying to come up with a solution that works with the entire area. 6259 Pelican Bay Services Division Board November 9, 2005 161 CJs ~. Mr. Sutphin asked, "Does this have anything to do with the current beach renourishment permit"? Mr. McAlpin replied, "Nothing whatsoever; it is two separate issues". Mr. Sutphin asked, "Is the beach area, that now has an excess of sand, south of where we are currently going to renourish"? Mr. McAlpin replied, "Yes, much further south". This is Monument #42 and the area we are going to renourish is from Monuments #30 through 37. Mr. Sutphin stated, "I just want to make sure we are not spending money to put sand on the beach and then you will dig a hole so that our sand fills it in". Mr, McAlpin stated, "This is approximately one mile south". Mr. Roellig stated, "The sand will move down to that area". Mr. Sutphin stated, "I thought this was the part of the beach that badly needed to be renourished, but the existing permit did not cover it". Mr. McAlpin replied, "The area indicated has always seen accretion over the last nine years and has never been considered for renourishment". Mr. Sutphin asked, 'What is the timeframe we are talking about"? Mr. McAlpin stated, "Our critical path is going to the State to get modifications to the existing permit, which we believe will take six months". We would like to continue to define what we are doing over the next six months to get the permit and go to the State. The renourishment will probably be next season. If everything goes well, we are talking November 2006 to March 2007, with the reason being that we cannot renourish during turtle season. Mr. Spanier stated, "A number of Seagate and Naples Cay people seem to be focused on increasing the navigability of the inlet". With this current conceptual plan, the depths you referred to and the path and breadth that you refer to, will heavier boats be able to use that pass? Mr. McAlpin replied, "It has not been looked at from a navigational point of view". I will tell you that in all of our discussions with the Seagate people, the navigation aspect has never come up. They are concerned about their areas of the estuary being stagnant. What they are 6260 Pelican Bay Services Division Board November 9, 2005 161 CIS looking for is more tidal flushing. That is the driving force for them, They have participated in this plan and have committed to what you see here. Mr. Burke stated, "From the beginning there has been no disagreement that Clam Pass Park Beach needs to be renourished". Our concern was in removing that ebb shoal and how it would it affect the flushing of Clam Pass, Mr, Humiston has said that should not happen and in fact, this plan may increase the flushing. There probably are some differences between Mr. Humiston and Coastal Engineering to the extent to which our side of the beach may act to fill in the hole, As it develops, the plan will have a safeguard built in that at a certain point TDC Funds would be used to renourish that area. That is where we hope to head with this. Mr. McAlpin stated, 'What I am looking for is conceptual agreement by this Board that this plan is okay and the plan will be further refined". You will have your input into it every step of the way and at any point in time you can back out. If you back out, we take it to the County Commission and we work through whatever that means with the County Commission. I am not even addressing that at this point in time. You have the safeguards in here and what I need to do is go to the State and say that all of the stakeholders in this plan are committed conceptually to what we have. Conceptual approval is what I would like to receive today from your Board, Mr, Roellig stated, "It wasn't that long ago that the erosion on the north side of the beach exposed the mangrove roots", The sign is still there to be careful of the mangroves. Right now the roots are covered, Mr. Sutphin stated, "I did not think there was a surplus of sand". Mr, Roellig stated, ''There is more sand there than there was before and the roots are currently covered, but the sign is still there". In my opinion, it is not prudent to make a long-range decision at this point in time. Another reason that there is sand on our beach is that we spent $130,000 two years ago to put it there. Now we are proposing to spend $1,000,000 to put sand on our beach, which will move to the south. I think we will be paying to mitigate any damages caused by this plan, I would feel more comfortable if the County would step up and come in with some cost sharing for the current beach project, rather than our having spent $130,000 a couple of years ago and $1,000,000 now, knowing that the sand is not going to stay there, Their plan is 6261 Pelican Bay Services Division Board November 9, 2005 16/ClS to build a sump to collect sand and then the sand would come from the beach and sandbars that we paid for. The other thing I think we need, that we don't have, is a good solid engineering analysis to see what engineering is behind this conceptual plan. Mr. Sutphin stated, "It sounds like a very complex scheme to move our sand to Clam Pass Park". Mr. Burke stated, "In that case, why say renourish a beach at all"? Mr. Domenie stated, "As you know I have had my reservations about this", The question I had asked was, if we don't agree with this plan, the CAC can still come in and say we are going to take it and dump it in the fill area without any guarantees or safeguards, is that correct? In effect, we have been given time to come up with a plan to safeguard our interests and if we don't come up with a plan, then the CAC can do whatever they feel is right without any input from us. Mr. Roellig stated, "I don't think that is true, they have to get through the State and the Federal Government", Obviously, any individual in this community can object. Mr, Carroll stated, "I sat in the Clam Bay Sub-committee Meeting earlier and it appears to me that this is a conceptual study that we ought to support", I think there are a lot of checks and balances in it and I heard it said that if halfway through it appears it is not going in the right direction, we could blow the whistle and back out. It appears to me that the Seagate people are very supportive. I think we have these three groups working together and it seems that we should take this step to get started, Mr. Sutphin stated, "It sounds like Mr. McAlpin is asking for the Board's willingness to listen to Phase II". Mr. McAlpin stated, 'We need a commitment that you are committed to Phase I, to take us to the next step". Mr. Sutphin stated, "I am not sure I understand what Phase I is". Mr. McAlpin replied, "I would like to be able to go to the FDEP with this plan to say that all of the interested parties have reviewed Phase I and have agreed that, conceptually, they will support this plan. There is an understanding that there are checks and balances and that you can 6262 Pelican Bay Services Division Board November 9, 2005 161C15 pull out and that we are going to put safeguards in to assure that there is no excess erosion on the beaches". Mr. Sutphin asked, "Is there a document that says Clam Pass Phase I"? Mr. McAlpin replied, 'What you see right here will be further developed and is the document for Phase I". Mr. Spanier asked, "Are you going to target the issuance of a permit based on this conceptual approval"? You are not asking for a provisional permit. Mr. McAlpin replied, 'We are asking for a modification to the existing permit of which in the existing permit, under special conditions, the qualifications that we have identified will be spelled out", To address the comments made earlier, of taking your sand, first of all we take 50,000 cubic yards of sand out of Wiggins Pass every other year and put it on the beaches. That sand also moves south to the Pelican Bay beaches. Secondly, there are about 10,000 cubic yards of sand a year that drifts from the north to the south. When this pass was dredged, it greatly interrupted the normal flow that would renourish the south beach and as a result, the shoal was created. The shoal is artificial and was not there in 1988 and 1999. This is a result of what happened when you increased the mouth of the inlet for flushing. We are not saying that is wrong, we are saying that is a naturai consequence of the increase. We are looking at taking a portion of this sand and providing you assurances, that if you have excess erosion, we will deal with it and renourish the beach. I am looking for a start so that I can get the FDEP to tell us, from a permitting point of view, what the next step is, Permitting is the critical path, I need to be able to say that all parties are committed, at least in this phase, to move forward with this project and this seems to be a reasonable scope if everything happens the way it has been planned out. Mr. laizzo asked, "If they do not accept your plan and want to amend it, can that set you back another year"? Mr. McAlpin replied, ''They could come back to us and say they are not going to modify the permit, we are going to require you to get a new permit", That would be a longer period of time. I need to flush them out. 6263 Pelican Bay Services Division Board November 9, 2005 161 GIS ....-. . ,:.,to Mr. Roellig stated, "Several months ago the CAC authorized a study, but we haven't seen it". Maybe it is not completed, but I am not going to agree to a concept without looking at work that has already been done. Mr. Carroll stated, 'When I was in engineering, I had to put a stop to all of these studies in order to get something done". Mr. Burke moved seconded by Mr. Spanier and approved on a vote of 7/2 to accept the Phase I conceptual plan and move on to Phase II. Messrs. Domenle and Roellig cast the dissenting votes. - - - - - -- - - ------ ---- - BEACH RENOURISHMENT Mr. Burke stated, 'We do not have a lot to share about renourishment since Hurricane Wilma, but Mr. McAlpin can you share what we have"? Mr. McAlpin stated, "After Hurricane Katrina we did a survey and the quantities for erosion were much larger than we thought they were going to be". I do not have the exact number with me, but originally we thought it was going to be 36,000 cubic yards, but after the storm we said it was going to be 41,000 cubic yards. We have currently taken a survey of the beach after Hurricane Wilma and the results have not been tabulated. The data should be available within the next two weeks and we will share it with you at your next meeting. At that point in time we will need some decision as to what level of renourishment you would like to see. HURRICANE DAMAGE TO THE MANGROVES Mr. Burke stated, "The only other subject we had was a hurricane damage report from Mr. Lukasz and it was agreed that the trees that are blocking channels and creeks will be removed", We will also clean the downed trees immediately along the edge of the mangrove forest. BUDGET SUB-COMMiTTEE HURRICANE WILMA COSTS - AFFECT ON FY 2006 BUDGET Mr, Sutphin explained, "As previously reported, the estimated cost of the Hurricane Wilma clean-up is $165,000". This will not require going back to the property owners for a special assessment. My recommendation is that we complete the clean up and then take a 6264 Pelican Bay Services Division Board November 9, 2005 16~lS separate look at the community and come up with a cost to replace whatever is prudent to be replaced and treat that as a separate Capital Project, that is not funded in the current budget. Depending upon how much we feel is prudent to spend on tree replacement; at that point there may be a need to go out for a special assessment. We will take a look at that when the time comes. FY 2005 YEAR END RESULTS Mr. Sutphin stated, "The final year end numbers are in", Our operational spending was favorabie to the budget and to the forecast that was used to compile the Fiscal Year 2006 Budget. I focus on the cash that shows that our Operating Fund Balances were favorable to both budget and forecast and I was provided an update prior to the meeting, There was a refund of approximately $30,000 from the Property Appraiser and Tax Collector's office. I suspect their spending was less than their budget and they returned the excess funds. We are $30,000 better off than we thought we were, Mr. Domenie asked, "Do we have any idea what portion of the $160,000 can be reclaimed from FEMA"? Mr. Sutphin replied, "I don't and it is almost not real world", We have not gotten paid from Hurricane Charley, but at some point we will get it back. If you don't have the cash in the bank you can't do anything, so whatever might be reimbursed for in the future is great, but academic, from the standpoint of getting anything done, Mr. Carroll stated, "I called Ms, Smith and asked when the forecasted expenditures occurred in order to reach our Budget in June and she explained that the forecasting was done in February". Mr. Sutphin stated, ''The forecasting was done to form the basis to put together this year's budget". Our performance was "x" dollars better than last year and it was about one-half that much better than the forecast. In other words, we always do better, because it is impossible within the County system to overspend the budget. Therefore, I think all of the budget items are deliberately padded, ever so slightly, so that they never get overspent. Ms, Smith stated, "I disagree". We really try to do our best. 6265 Pelican Bay Services Division Board November 9, 2005 161 C 15 Mr. Sutphin stated, "I agree, but the reality is that if you run out of pencils in June, you don't write until October if you can't buy any more pencils". Ms. Smith stated, "But the excess you are seeing is used to reduce next year's assessment" , Mr. Sutphin stated, "One of the things that has been pointed out is that this year we reduced the assessment by $300,00 and we stripped the reserves out". Yet, we are getting through a fairly major hurricane and we are going to have enough to pay for the clean up. It is not fat, but there is enough cash there to pay for it. I think we need to watch the cash, I don't think your money belongs in the County's bank account; it belongs in your bank account. FY 2007 STEP I PLANNING MISSION OBJECTIVES Mr. Sutphin Stated, "Although we just started Fiscal Year 2006, it is time to get into the first phase of planning for Fiscal Year 2007, which is the approval of the Mission and Objectives". I don't recommend any changes to our current Mission and I would suggest that if any Board Member has a suggestion for change that it be submitted to Mrs. Smith. I will collate the suggested changes and they will be discussed at the December Meeting. Mr. Carroll stated, "I support that". This Mission, along with the Objectives, were created several years ago and we have new Board Members who did not participate at that time and I would encourage you to do what Mr. Sutphin is asking. Mr, Sutphin stated, "I have recommended an additional Objective, simply because annexation will probably be on the ballot". If it is approved, this Board should certainly have an objective to orchestrate an orderly transfer of responsibilities to whatever organization takes over for what we do, OAKMONT LAKE PROJECT Mr. Sutphin explained, "As a result of the October Meeting, I wrote a letter to the Pelican Bay Foundation asking if they wanted the Pelican Bay Services Division to undertake a Capital Program on their property". The text of my letter and their response was included in your agenda package, They responded positively and have appointed Mr. Merlin Lickhalter as their 6266 Pelican Bay Services Division Board November 9, 2005 161C15 representative. I am recommending that Mr, Petty, in conjunction with Mr. Lukasz, be our interface with the Foundation, My further recommendation is that we establish an initial estimate of what I would call the "bedrock costs" of replacing the wall. Then, cost out incremental additions that might be desirable, assuming the Foundation and the residents affected by those improvements concur, I differ with what was said earlier in terms of getting public input on the desirability of these. I don't think that is our job. This is Foundation property and I think it should be their responsibility to tell us if the spending is in the best interest of their constituents. Mr. Carroll asked, 'What is base costs"? Mr, Sutphin replied, "Bare bones, fix the wall and move on", Mr. Carroll stated, "But to fix the wall, you still have to make the decision of whether you replace it with railroad ties or different materials". Mr. Sutphin stated, "I will leave it to Mr. Lukasz as to how he comes up with the cost estimates". He may want to propose two alternatives, such as treated wood and stone. I would like to look at this in chunks, In discrete approval of chunks, so that we do not get hung up in looking at one program that is $1,000,000-$1,500,000 or whatever the number turns out to be. I want to see something like $300,000 to replace the wall and for another $200,000 you get the walkway repaved, etc, Mr. Spanier stated, "I think we have to discuss this a little". I think that there is a good deal of misconception on the Foundation's part and maybe within our own Board. The notion that is evident in this correspondence is that the Oakmont Association speaks in some way, or reflects the desires of the people who are the customary users, Mr. Sutphin stated, "I didn't say that". Mr. Burke replied, "I think Mr. Spanier is referring to the correspondence". Mr. Spanier stated, "This back and forth has led to Mr. Seblatnigg suggesting that Ms, Crum, who is the Chair of what is a social club called "The Oakmont Association" and to which only a fraction of Oakmont owners belong, assist. Oakmont is only one of ten neighborhoods that surround that lake. If the desire of the Foundation is to respond to the wishes of the people who use this facility, then Mr. Lickhalter is going to have to tap into the various communities. I think 6267 Pelican Bay Services Division Board November 9, 2005 161CIS we have to first clarify with Mr. Seblatnigg that he is misunderstanding the nature of this neighborhood. If he is seeking to get resident input, he has to deal with the reality, which is ten significant communities, only one of which is the Oakmont Association, Mr. Sutphin replied, "I don't disagree", What you have said is that Mr. Lickhalter needs to do A, Band C, of which I totally agree. It's the Foundation's property. Mr. Spanier stated, ''The residents of the Waterford or Barrington Estates area, come to this body to complain about a deficiency in the wooden structure", Mr, Sutphin stated, ''The bedrock cost will address that portion of the problem". Mr. Spanier asked, "Have you walked that section"? Mr. Sutphin replied, "No, and I don't intend to". Mr. Spanier stated, "There is no retaining wall there", There is a two or three railroad tie high border around some of the landscape. The project will be laughed off the face of the earth if it is introduced as a $500,000 or $1,000,000 project. There is a need to replace the rotten ties in the bordering structure with Ipe, or whatever it might be. It seems to me that the people who are backing up to collaborate on this issue are making a mountain out of a mole hill and will once again precipitate the kind of firestorm that we saw in the area a while ago. People are not going to be sophisticated enough to distinguish between our Board, the Foundation and who is responsible for doing what, including spending the money. I don't want this Board to get into the middle of that. I am saying, leave it in the hands of Mr. Seblatnigg. Mr. Sutphin stated, ''That is what I said". Mr, Carroll stated, "The maintenance aspect is covered by Phase I, the repair of the minimum bedrock base fix", Beyond that, it gets into enhancements. Mr. Burke asked, "Let's say we weren't going to replace railroad ties with railroad ties and were are going to put in Ipe ties or stone, wouid the Foundation buy the material and we provide the labor"? Mr. laizzo replied, "No". They would provide us with the kind of design they would like and we will assess everyone, individually, to pay for it. 6268 Pelican Bay Services Division Board November 9, 2005 16 J C 15 Mr. Sutphin stated, "Unless this Board votes to reverse our historical practice of paying for work on Foundation property, I would not even address that", Mr, Burke stated, "To support what you are saying for Phase I, hurricane week I decided to go over and walk the lake". Like you, I have never been there and it is not easy to get to. Because I was cleaning out old Minutes, I came across the original notes from three or four years ago when Ms. Johnson-Fogg was here and all that was ever was said was "fix the wall". When I walked the lake I ran Into homeowners whose property abutted the water and people from Laurel Oak who were walking and I chatted with them. "Fix the rotted railroad ties", is all they said, Mr, Sutphin stated, 'When we get to the reality here, it may put a lot of this behind us". To get to Phase I and I believe Phase I is going to be pretty modest, there is no money in this year's budget to do anything, Whatever we are talking about for Phase II, III or IV is, at a minimum, Fiscal Year 2007, by which time, it is conceivable and even probable, that we won't be here any more and it will be somebody else's problem. At the end of the day, it is the Foundation's problem, beyond the maintenance of the water management easement it is not our problem and I will not go down that path again, We were criticized for doing things that the people around Oakmont Lake do not want us to do, Mr, Boland asked, "I agree with what you are saying and don't you think it would behoove us to have a representative from this Board work with Mr. Petty to show the community that we do have a concerned interest"? I realize that this is a Foundation problem, but it appears as if we are almost punting and say we are going to nominate our Administrator to handie it. I think it would show good faith to the community if one of our Board Members worked with Mr. Petty on the project. Mrs. Johnson-Fogg stated, "It is extremely frustrating, because we are now at the point where we were at the last meeting when somebody said it is not our responsibility". At that time I said, if that is the case I would call Mr. Kinney and talk to him and everybody here said no, don't do that, we are sending him a letter to take care of this, I called Mr. Kinney because the Foundation and this Board just don't seem to work together and as a resident it is very frustrating to try to volunteer when things need to be done in the community because of no one taking 6269 Pelican Bay Services Division Board November 9, 2005 161CIS responsibility. Somebody needs to step up and say we are going to work together on this issue and we are going to get this job done. It has been on the books for five years and the wall is falling apart, Last meeting I was told that you couldn't do this bedrock fix to shore up the wall. I went out and took pictures of what I was told to go look at and various stone walls that I thought the neighbors might approve and that I would be able to support you on, I have been here for two hours and you are right back to it not being our responsibility and the Foundation needs to do it instead. If that is the case, I will go to the Foundation and I will go to the Foundation Meetings and if they say it is not their responsibility, I am putting a letter in the Pelican Bay Post, which I have already considered doing to get some resident support. I wiil put a letter in the Post and say this does not work, our current system does not work and I support going into the City and perhaps they can get it figured out, if that is what it is going to take. I am telling you that I am willing to spend some time on this, but I am getting nowhere, Mr. Burke replied, "I think we are there". Mrs. Johnson-Fogg asked, 'Where are we"? Mr. Burke replied, ''The Foundation is going to tell us what to put in", Mrs. Johnson-Fogg stated, "That is not what they told me". Mr. Kinney told me on the phone that he was sending a letter back that this was going to be done. He said to me that the Pelican Bay Services Division is going to get community input on this, He did not say he was going to get it and, therefore, what is your input? He got my input, but he did not say they were going to do it, he said you were going to do it. Therefore, I am back at this meeting wondering how you are going to do it and saying that I will help you with this if you need help. I can hand out flyers as I walk around the lake. For you to sit here and now say that you really want the input to be from the Foundation, I think that is shirking your duty, Mr. Sutphin stated, "I wrote the letter and my response came from Mr. Seblatnigg and not from Mr, Kinney". Mr. Johnson-Fogg said, "Okay, one more person to talk to". I can call Mr. Seblatnigg if that is what you want me to do. Mr. Sutphin replied, "No, Phase I does not require the Foundation to do this". 6270 Pelican Bay Services Division Board November 9, 2005 16 I C 1 Mrs. Johnson-Fogg replied, "According to Mr. Lukasz, you cannot replace the rotted ties with creosote railroad ties, so there is no Phase I". Mr. Sutphin replied, "No, we can put pressure treated lumber or something else in there". Mr. Lukasz will come up with a cost estimate by the next meeting, Mrs. Johnson-Fogg replied, "If you are going to do it piecemeal, by placing different types of materials around the lake, you will get comments back from the community". Nobody is expecting that. The wall has rotted so badly in most places, that nobody is going to expect one section to be treated lumber. Mr. Sutphin stated, 'What I expect to see a month from today is a cost estimate for pressure treated lumber and a cost estimate for the replacement of the wall with a long life material, ala stone, with no enhancements beyond replacing the wall". Mr. Domenie stated, ''This has to go through a bidding process". Mr, Sutphin replied, "An estimate does not", Mrs. Johnson-Fogg asked, "Are you pUlling pressure treated lumber in between the rotten ties"? I have looked at what has been done and this is where you need community input and not just from me. Mr. Domenie stated, "The letter reads that I have discussed this project with the President of the Oakmont Association, who will support our efforts and will assist with necessary community involvement", Mr, Johnson-Fogg replied, "I don't live in Oakmonf'. I am just about done. I have put in many hours and have gotten nowhere with this issue. The Oakmont Association, whoever they are, can be in charge of it, but you are going to get the other nine neighborhoods here, at the Foundation or maybe even at the City. You are not listening. I have tried so hard over these past three months to come here and offer suggestions. I have worked with Mr, Lukasz and I think they have done a great job, at least cleaning up the area so that it doesn't look as bad as it did, but you can't just keep saying that it is not your job, It has to be somebody's job and I will be writing in the Post that it appears that it doesn't belong to anybody and we need some community input, meaning fifty more people in here in seats, which I can probably arrange, 6271 Pelican Bay Services Division Board November 9, 2005 161CI Mr. Domenie stated, "That would be very good". Mr. Burke asked, "If we come back with three prices, one for pressure treated lumber and two for stone of some kind, then the community input would be their selecting the color of the wood or stone, is that what you are saying"? Mrs. Johnson-Fogg replied, "Yes". From what I understood at the last meeting, the railroad ties are out. People do not know that and are still thinking to just put them in because some new ones have already been installed. People are seeing the railroad ties that the neighbors paid for, being put in and thought that they can just be replaced and why aren't we doing that? Mr. Carroll stated, ''The plan is to get these estimates and present them at the next meeting". 1 would encourage you to come at that time. Mr, Burke stated, 'We have already told you that even though it is not our property, we are going to pick up the bill". Mr. Sutphin replied, "That is not the issue". Mr. Johnson-Fogg replied. "I think that whoever is in charge of it shouid get a community committee together and alleviate the problems that you had before", I know that you don't like working with the community, but I think it would alleviate the problems that you had the last time. If you have community support they can write in the Post and explain what you can and cannot use and provide the costs and a recommendation. I think you will get a lot further with it that way. Mr, Carroll asked, "Mr. Lukasz, is there anything with your portion of the Agenda that cannot wait? Mr. Lukasz replied, "No, most of it is self explanatory". MR. CARROLL LEFT THE MEETING AT 5:00 p.m. AUDIENCE COMMENTS Mrs, Kay Potter - Member of the Mangrove Action Group - "I am begging you that before you finalize Phase I for the dredging of the inlet, be more sensitive to the needs of our mangrove forest". As you know this recent hurricane has stressed them terribly and they were already stressed. I fear that not enough emphasis has been placed on what the sand removal wiil do to 6272 Pelican Bay Services Division Board November 9, 2005 161C15 the channels in the mangrove forest. We have one terrible example that is right beside the Clam Pass Park Boardwalk. Last year Hurricane Charley filled up one of the channels with sand, No one knew about it because it was an obscure channel and we did not find out about it until the mangroves started dying. Now we have over an acre of dead mangroves. It is not a matter of dying immediately; it is a year later before it becomes apparent. I am not satisfied and I wish I had a background that could talk more seriously to you. You know so much more and I wish you would think about it, not from renourishing the beach, but from what it will do to the mangroves. The plan you are seeking to modify is for the preservation and maintenance of the mangrove forest. Mr. Burke stated, "Starting with the FDEP representative that was here for the workshop, he told the CAC people how impressed he was with the progress that was made and he said any request you make for a permit modification will be looked at very sharply". Everything has to go through the FDEP, Mr, Humiston is comfortable that this dredging will have a positive affect on the mangroves, He feels that it will improve the flushing. Mr. Lukasz stated, "Mr. Humiston was more concerned about the erosion of the beach and not the pass". Mr. Burke stated, 'What Mr. Humiston is seeing now, he is okay with". He told us all privately that he is okay with it and his attention is turned more to the erosion of the beach. It is because of Mr. Humiston that we are going to build in the safeguards, Mr, Domenie stated, "Didn't he also say that he is in the position that he is wearing two hats"? Mr. Roellig stated, ''The CAC authorized $34,000 to do a study a few months ago and they have waffled on what that study came up with and will not produce it". I am very suspicious when somebody spends that kind of money and says here are a couple photos; let's see how you like this analysis, You can't sell that to me, You need to get that study and to have it reviewed properly because you are buying a pig in a poke. Mr. Sutphin asked, "Is it our sacred duty to preserve the mangroves or it is our sacred duty to keep man from interfering with nature as it relates to the mangrove"? It is very different. 6273 Pelican Bay Services Division Board November 9, 2005 161CI.s Mr. Roellig stated, 'We interfere with the mangrove, we make them better". Mr. Sutphin replied, "I have a problem with that, I really do", Mr. Roellig stated, 'We are trying to mitigate the damage". Mr, Sutphin stated, "I would object to spending money to pick up debris caused by nature on the interior of the mangroves". That is not conservation, Mrs. Potter stated, "When you move sand, as we did last year, you blocked channels that resulted in the death of over an acre of mangroves, which we did not know about". Mr. laizzo stated, "I thought the dredging would help the flushing", Mrs. Potter stated, ''There was not much mentioned about mangrove maintenance when this gentleman was talking about moving sand". It was said that "if" we found that the affects were not beneficial then he was going to put some sand back. By that time you will have more dead mangroves, Mr, Sutphin stated, "I personally question the whole science of beach renourishment". voted to support spending $1,000,000 simply because I felt if we didn't, we would subject ourselves to severe criticism by the community. I don't buy it and I don't believe in it. Mr. Roellig stated, "If you had been here twenty years ago when there were no beaches you would believe in it". ADJOURN There being no further business the meeting adjourned at 5:15 P.M. James Carroll, Chairman 6274 161C15 CLAM SA Y RESTORA TlON AND MANAGEMENT BIOLOGICAL MONITORING REPORT TURRELL & AsSOCIATES, INC. -SIXTH ANNUAL REPORT LEWIS ENVIRONMENTAL SERVICES, INC. - REPORT NUMBER 9 IN FULFILLMENT OF DEP PERMIT # 01 28463-00 l-JC UNITED STATES ARMY CORPS OF ENGINEERS PERMIT # 199602789 (IP-CC) FOR: THE PELICAN BAY SERVICES DiVISION iIIIh-"..., ~. ", DECEMBER 2005 16' Cl.5 TURRELL & ASSOCIATES, INC.: Todd T. Turrell, P.E., Tim Hall, Kara Cave 3584 Exchange Ave, Suite B Naples, FL 34104 Tel: (239) 643-0166 Fax: (239) 643-6632 E-mail: thall@turrell-associates.com Baseline report, #1: pre-dredging spring 1999 Time zero report, #2: post-dredging summer 1999 First Annual report, #3: one year post-dredging fall 2000 Secom/Annual report, #4: two years post-dredging fall 2001 Third Annual report, #5: three years post-dredging fall 2002 Fourth Annual repon, #6: four years post-dredging fall 2003 Fifth Annual report, #7: five years post-dredging fall 2004 Sixth Annual report, #8: six years post-dredging fall 2005 LEWIS ENVIRONMENTAL SERVICES, INC.: Roy R. "Robin" Lewis, III, Michael J. Marshall, Ph.D. P.O. Box 220005 Tampa, FL 33622-0005 Tel: (888) 889-9684 Fax: (813) 649-1425 E-mail: LewEnvSvcs@aol.com/cstlcnsrt@aol.com Baseline and time zero reports, #1: pre and post flushing channel construction in the die-off area, 1997 First Annual report, #2: one year after flushing channel construction, 1997 Secom/ Annual report, #3: two years after flushing channel construction, 1998 ThirdAnnual repon, #4:following additional flushing channel construction in 1999 am/2000, 2000 Founh Annual report, #5: following additional flushing channel construction in 2001,2001 Fifth Annual report, #6: one year after flushing channel cuts in 2001, 2002 Sixth Annual report, #7: two years after flushing channel cuts in 2001, 2003 Seventh Annual report, #8: three years after flushing channel cuts in 2001, 2004 Eighth Annual repon, #9: four years after flushing channel cuts in 2001, 2005 CONTENTS and FIGURES (given in italics) Turrell & Associates. Inc. Sixth Annual Report Lewis Environmental Services Report #9 1.0 Introduction to the Sixth Annual Report 1.1 2004 work completed 2.0 Mangroves 2.1 Turrell & Associates monitoring Infra-Red Aerial Mangrove die-off and stress acreages Plot locations) Plots I - I I: graphs and descriptions 2,2 Lewis Environmental Services monitoring Plot locations Discussion Rainfall chart Batis cover chart Plot photographs 3.0 Seagrasses 3.1 Methodology 3.2 Data Transects 1-4, summaries Transect map Graphs and descriptions for transects 5-9 4.0 System Overview 4.1 Aerial Photography 4.2 Hurricane Wilma 4.3 Mangroves 4.4 North tram replanting area 5.0 Bathymetric Monitoring 6.0 Water Quality Summary 6,1 Sampling results 6,2 Conclusions 8.0 Conclusions 8.1 Mangroves 8.2 Seagrasses 9.0 2006 Focus 161C15 ]-2 3-4 5 6 7 8-]8 ]9 20 2]-22 23 24 25-30 31 31 31- 32 33 34-38 39 43 44-47 48 49-51 52 54 55 55-56 56-57 58-59 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 161C15 1.0 INTRODUCTION TO THE SIXTH ANNUAL REPORT The Florida Department of Environmental Protection permit #0128463-001-JC and United States Army Corps of Engineers permit #199602789 (IP-CC), authorizing restoration activities in the Clam Bay system make annual monitoring through fixed vegetative survey of the Clam Bay system a special condition of the permit for ten consecutive years. This report presents Year 6 of the schedule with the final due in 2008. The annual monitoring conducted within the system consists of three distinct components. The first is hydrographic monitoring and analysis of bathymetric and tide gauge data. This is conducted to monitor the status of Clam Pass and analyze the effectiveness of the pass to keep itself open. The second component is water quality monitoring. MontWy monitoring of water quality parameters is conducted and analyzed for trends in improving or deteriorating water quality within the Clam Bay system, The third component of the annual monitoring is the biological component. Monitoring of vegetative plots is undertaken to measure and analyze recovery of the mangrove die-off areas. The analysis of this third component comprises the bulk of this report though summaries of the other two are also presented. More detailed reports on the water quality and hydrographic monitoring are produced by the sub-consultants responsible for those elements, however for brevity's sake are not included in full as part of this report but are instead included as attachments. The biological work presented consists of eleven mangrove monitoring plots and nine seagrass transects set up by Turrell & Associates Inc., in addition to the eleven plots in the original die-off area surveyed by Lewis Environmental Services, Inc. Background and methodologies of the monitoring are provided in following sections. In section 8.0 the focus of work and recommendations of specific tasks for the coming year are described. The scope of work has been developed based on the results of monitoring surveys and through collaboration with the consultant team and staff of the Pelican Bay Services Division, One component of this future work is the continued monitoring and restoration work associated with the cattail removal efforts along the berm. Most of the major work items recommended in previous years have been completed so that most future work efforts will be related to the monitoring and maintenance of all of the flushing channels established throughout the system. 1.1 2005 WORK COMPLETED A focus for additional work to be carried out in 2005 was presented in the concluding sections of the Fifth Annual monitoring report. This included the following items that have been successfully completed: Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, luc.: Sixth Auuual Report Lewis Environmental Services, Inc.: Report #9 November 2005 161C15 2 1) All planned flushing channels for the system have been completed, Future channels will be constructed on an as-needed basis. 2) Continued clearing of any fallen trees within the main waterways of Clam Bay. 3) Continued exotic and nuisance vegetation removal. 4) Continued monitoring of the cattail and restoration areas along the berm, 5) Ongoing monitoring and maintenance of the existing flushing channels. 6) Continued year-round monitoring of the system, It was our initial intent to continue water level monitoring through the use of our water level loggers. However, persistent technical and storm-related problems created difficulties in receiving accurate data, We are currently exploring other options for monitoring water levels within the mangroves. The overview for 2005 is that all efforts undertaken thus far still appear to have been successful. This is a highly complex estuarine ecosystem and continued diligence is needed to monitor the ongoing recovery of the mangroves within the die-off areas. Unforeseen events such as the hurricanes of the past couple of years add a measure of uncertainty to the monitoring efforts and highlight that continued diligence is needed to insure the waterways and channels remain clear. Blocked channels can have detrimental effects as seen in a new die-off area that was caused by Hurricane Charlie last year. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Iuc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 16/C15 3 2.0 MANGROVES 2.1 Turrell & Associates Inc, Sixth Annual Mangrove Data: Graphs, Pictures and Plot Descriptions Methodology To effectively monitor mangrove health and changing conditions over the life of the permit, fixed plots were established throughout the system. Approximate plot location was determined from examination of low elevation aerial photographs and finalized upon ground truthing. Initially, 10 plots were established and monitored, In 2002, an additional plot was added in a new lightning strike zone. Locations are illustrated on the attached map (Figure 2). Primary considerations in plot placement were as follows: · To provide a spread of plots throughout the system, · To supplement, without duplicating, the work of other researchers, · To monitor areas of special concern such as small additional die-off or stressed areas, · To fulfill permit requirements. The previous monitoring work of Lewis Environmental Services entailed eleven 10m x 10m permanent quadrats within the main die-off area, in the north-west portion of the system. Turrell and Associates has established an additional II plots and has the option of establishing additional plots should the need arise. The Conservancy of Southwest Florida was carrying out an additional research effort to monitor mangrove re-growth in Clam Bay following the restoration work. The Conservancy, the Mangrove Action Group, and the Pelican Bay Foundation have all provided funding for the Conservancy's work. No data analysis for the Conservancy's monitoring is included in this report. The current study plot placement throughout the 500-acre system is considered sufficient for this portion of the study. As mentioned, additional plots may be established at a later date if conditions (further die-offs or stressed areas) suggest the necessity. Each Turrell & Associates monitoring plot is a measured 10 m x 10 m square, staked at each comer and marked in the center point with labeled PVC piping. Monitoring activities included enumeration and mapping of living and dead trees with diameters at breast height (DBH) recorded for all living trees with a DBH greater than 2.5 cm. Seedlings were identified by species and numbers were estimated by count or percent cover. In 2003, each measured tree was tagged and marked with a number to allow for easier tracking of individual trees as well as to allow more specific comparisons over time. Any saplings that grow to sufficient Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annuai Report Lewis Environmental Services, Inc.: Report #9 November 2005 161C 15 4 size (>2.5 cm DBH) between monitoring events are added to our tree counts and receive tags and numbers as well. Photographs were taken and any additional observations, including standing water, wildlife or signs of stress noted. Time, tide, and prevailing weather was noted for each survey. Additionally, meandering transects were walked throughout the system to inspect stressed areas or to observe areas of concern related by residents of the community or through examination of aerial photographs. These surveys are conducted throughout the year as needed. Observations made during these pedestrian transects are noted in the general biological discussion of this report. Results See attached sheets. Plot discussions have been included on the same page. 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Photographs and discussion from the LES report are included on the following pages, Tree census results are graphically depicted in the attached report, along with actual numbers of mangrove shrubs per plot. '7'1. I. i ~r _!' ',.L , ~ hp .. " } 5-) "!': E' '] \ \ i \ I. i 'I \ \ \ \ frHJf) \ \ i I \ 2'" , ( , # i 1 ^ 1000a 1'1 'op n '" 1 ~~ toe r' ~ ; ! \ I \ ~.(pll.djl 1M- \ 1'10 (J . 11 # 15 \ I \"'Ul./ICl--'" \;~ Ei -1,1' Ne,l, " "5 I , i f'UNIJ , i ! 1l'(ll. ,.~ T"fI[; ~c fl ,.,i;. ;, h" ,. 2',' o,!; 'I \ \ \ i) NtI. " roo f. ~ l 5' Joi,," II "'('(,1' tl>f>{' 1',-, '1CI! 'J WI" ,. J '~I' (. ~~ -' ~ ""; II ".0''',,, '~"i"'I.l'<A-' 1\ Wht 18 rop.1 ~o f' " / \ \ ! "UII'- To" (, 2 j~ '10f l f\()NII #12 i: . ~ ,,'r \\If" ,. 111l; lI'(li ,:;' r<>1' L '" 1 t ~ fiG II .,,, J",Ojllh" " \. \ W[Lt JI6 rop n " ~ 6. NO: 01 ~ i , t~>:J~I~r\~~~o~:""1 fll t . 'f \ , '\'O""'~'" ' \. ,4' " WEll #'j ( i;,;r.,;.l."J._?(i .'l'M.qq f"> ,- . .\ "(lll'4 \ T<)p ~f " l h \ Nr; (f ~ I I \ . POllli ,.. . WIll, III r.,,[I'" ,"C[I I i III );6' C 15 il I f Ii H Ii J,!, 1,1 'I IOIH! !II' ',Iii'; # I ~ "'(tl,t't :':!";"'''''j' lI'[lLl2l) fop [I " 1 ~I, ' ~ <j~ [l CT ! I> ., ~ i I '. # I (, Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Iue.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 161C15 21 Lewis Environmental Services Inc. provides the following discussion of their results: Annual rainfall amounts from 1996 through October 2002 have been less than the exceptionally heavy rains of 1995 when many large and small trees died, This factor alone probably contributed greatly to the start of the recovery process seen during 1997 and which apparently continues through 2002. In 2003 rainfall exceeded, by several inches, most of the previous years yet the mangroves within the Strand impacted area continue to thrive, This success in survival throughout the wet season is undoubtedly due to the construction and maintenance of the flushing cuts throughout this area. Rainfall in 2004, despite the hurricanes which passed the project area, was less (through October) than the previous years. Since the forest floor within the entire forest is virtually level the success in forest regeneration that we have seen near the Strand is due to the network of small flushing cuts that have been dug throughout most of this area. Each channel, due to the level topography, can only drain a small zone, It is within these narrow zones, on each side of most channels, where mangroves have recruited successfully and which continue to grow. Two large areas, east of the main North South channel, where flushing cut networks have not yet been dug remain stressed with little sign of recovery. Flushing cuts will be dug in these areas within the next 2 or 3 years. The dense growth of mangroves in and around Plots I and 3 contain a mixture of reds, black and white mangroves, At present the white mangroves are most abundant but this seems to be a pattern typical of natural recruitment of mangroves in similar areas throughout the Clam Bay area. Casual observations on small areas that have been damaged by lightening strikes show that the first mangroves to recruit to the openings are usually whites. Eventually these are out competed and replaced by blacks and or reds. During 1999 Batis maritima died out over much of the forest floor. By October 2001 it recovered again across most of the forest floor and within the boundaries of most of the LES monitoring plots. Presumably the 1999 die-off was due to the large amount of rainfall in this area as recorded at the Pelican Bay Golf Course during September 1999, Direct rainfall and heavy runoff from upland developed areas around Clam Bay presumably combined to hold water levels above the tolerance levels of Batis, LES staff has witnessed water flowing, from the sprinkler systems on the condominium grounds, across the Strand road into the mangrove forests, The control plots (9, 10, and II), and Plot 8, due to shading from an intact mangrove canopy, were never covered by Batis. After the flushing channels were dug in the main die-off area, to the east of the Strand, Batis quickly recovered. Due to the change to a once per year monitoring schedule we cannot accurately chronicle how quickly Batis responded to the changes in hydrology brought about by the new channels. Batis continues, in 2005, to flourish in the plots that are not shaded by dense tree growth. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 161 C 1522 Prior to the construction of the flushing cuts LES staff established their locations by looking for very wet low spots. These spots were marked with flagged stakes. This was done during the dry season when the die-off area was otherwise dried out. The wet spots (and very soft spots) presumably represented the lowest elevations within the forest. Most of the wet spots were devoid of any trace of plant growth. Following the walking survey a network of small channels were marked and later dug by a crew from Floraquatics, Inc. Some of these low spots were adjacent to the Riley experimental plots. We attempted to avoid those areas, New flushing cuts were dug during the summers of 2004 and 2005. Maintenance of these cuts is normally done before the wet season begins and after storm events. The rearrangement of the mangrove results into areas with and without flushing channels was done to emphasize the impact and effectiveness of the flushing channels. Those plots adjacent to old channels (Plots 1,3,4 ,and 8) support the best growth of mangroves, mangroves, in plots 2 and 6, adjacent to new channels dug in the summer of 2004 have not had time to respond to improved tidal flushing, and plots 5 and 7(not near flushing channels) do not support sustained mangrove growth. Many new channels have been dug throughout the main die-off area during the dry season of 2005. It will be interesting to observe the forest's response to this network of small flushing cuts, The count and mean height (in feet) of trees 6 feet and above in each of the plots (Table 1) demonstrates that the control plots (Plots 9, 10, and 11) are dominated by fewer but more large trees, Hurricane Wilma (Figures 3a and 3b) seems to have knocked over many large trees in the forest. These photos were taken about one week post Wilma, Some ofthe monitoring plots were visited.. . not all ofthe tall trees were down but there was major damage throughout the entire project. Floraquatics, Inc. crews cleared downed trees and branches from the flushing cuts and the forest floor around the Strand seemed dry compared to the conditions during the 2005 survey, II) 0 0 N I- Q) .Q 0 - (,) 0 .c Cl :J 0 I- .c - Q) i ~ Q) I ~ Q) i ... I I ca I I - I c I "iij I a: I ~ I 0 Q) i 0 I/) C\l l- I :J , 0 I 0 I :!:: 0 I ! 0 Cl 0 0 >- C\l C'Cl lD c C'Cl (,) .- G) en en D. en ~ 161 C 15 l!) C\l o C\l l!) ~ o ~ l!) o sa4:JU! 161 CIS CD 8 '" "' 0> 8l 0> 0> 0> 0 8 ~ 8 ~ 8. 0> 8l 0> 0> 8 0> 0> 0> ~ ~ 0 "" ~ ~ ~ ~ ~ ~ ~ ~ ~ -, co j:;: ~ ~ ~I '" ~ ~ 0 ~ ~ 0 '" j:;: ~ 00 ~ 00 ~ ~ ~ ~ . . 0 0 . . . 0 . . 0 [J -- - - co I'- It) 0 0 to N J: Cl :s 0 .. J: LO - 0) - 0) 0 0) c:: ..... .. Q) ~ > 0 CJ ,Ill .;::; &1 C') o '" ~ o o o co o CD o ~ o '" JaAO:) Jua:)Jad '" ~ o Clam Bay Restoration aod Managemeol Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 16 C 15, 25 Figure I. Plot 1, October 2005. Figure 2. Plot 2, September 2005 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 161 C l~ 26 Figure 4. Piot 4, October 2005. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 161C15 27 Figure 5. Plot 5, Septemher 2005. Figure 6. Plot 6, September 2005 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Auuual Report Lewis Environmental Services, Inc.: Report #9 November 2005 1 6 I 0"1;5 28 Figure 8. Plot 8. September 2005. 16/C15 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 Fignre 9. Plot 9 (control), September 2005. 29 Figure 10. Plot 10 (control), September 2005. >..~.~~.. " ':~ I"~ ~..'... #..;.~\j. 4~;' .':'~l..':> ),;,,J;..J ,,' ;,' -,: :: .. "..,~'!"'~" . . ~'. / J ,....:'~ ,~~"~,.:c.l,...~'.:-~... "..~-'-::,~.' .......,'. " _ )'; .~. :~.,;2~c :'. :.~ ;-.,,:~~:~~~.,,( ~- ~-- c, ~I '. .- _.1....." . ., .';.' _~. r. .1 '4',';'-;'" ... " ,'T.." '\.~ ','_ ,d.~~J!. . ..,'. '.' .<,'.>', .<-, :'",. _, "~'~ 'r. ,pf....~.".." . \ ~. A"" --i.;'.,...., j..' \,. ,,~ .:;t ":":". ~.~/~"~(:~~.:....5),:'~....;., / '..1" , >-. '.'~;Jl': ' . ".,t '.~, :'''~' 'J ..../" ," ,,!Ii' .' ..,;.;a, .,.'1.... .<r\ .~:. . W ,.f ..' -~j.'/l', """'Y.,..~.,";:. , ~ if ~6ti' L~~' l~ .-,-.. - . ".' , . ",.~ <" ,<C. ,'lq".,.4"" . .,: .... 'l:_~.' ''':';'''' ">"""''2:1;1'1' ~~""'~,', ;~...~i.''t..~/''''. .J-";"':;> ; ~_..i! ..2; '-'/' '.. ~ . .~ ,,' v " :....J ~ . ~ ". ','"~_' ,,,.,J "" __ .it~' .........'.....'~ \. "...~..,> y,,,,,-l, ~ .~ -/~' .", ~~.-. \\. - / ~ . j . ' , W~;'I<";J "I .'t.f~.;4"."--':',l'~ ~"JTf" ~~1' ,;-...t-~ y" .~. . >{-j:,-. 1 ." ." ,\ ",{... . .-.' : '" .,..(.' '. \ ' ~, ..:~.. --......~.: ;q "<\- f \/ .,' , .~ ~. ; f . t.r. ""'" 1 ~ , , ':~~.;'~.~ ~:~" ~ )1;';'~" , .'. ..,.!.... ',$ ;; :, ,,/;.:. " ..~~. -~, .( ..' , I; ',c J~?! i~iZ< ...." -'- .3- :// ... << to Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 161 CIS 30 Fignre 11. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 16 I C-tp 31 3.0 SEAGRASSES 3.1 Methodology Seagrasses are a valuable biotic indicator of environmental health and Clam Bay has recognized the value in maintaining viable beds. The original pennitted dredging design entailed impacts seagrasses within the channel between Outer Clam Bay and Clam Pass, Monitoring over the life of the permit will allow quantification of the regeneration of those losses and follow the effect of increased tidal flushing on seagrass aerial coverage and density. Methods include examination of aerial photographs and ground lruthing by in- water and wading surveys. Accurate estimation of seagrass coverage is primarily hampered by visibility so that the most effective survey time is at low tide. However, at low tide, several areas in the system are exposed rending coverage estimation more difficult. Best effort was made to overcome those obstacles. Coordination with DEP staff resulted in a system of transects being established as depicted on the enclosed map (Figure 4), The transects were traversed, swimming where possible to avoid disturbing the sediment or walking were necessary and a I m x I m quadrat placed at designated locations along the transects. The following data was recorded for each quadrat: · Percent coverage by sea grasses and/or an estimation of blade number per 10 cm square, · Sea grass species composition, · Epifauna or visible infauna, 3.2 Seagrass Data Results from transects 1-4 are described below while results from individual quadrats along transects 5-9 are graphically shown along with transect descriptions on the following pages, Outer Clam Bay: eastern and southern sectors. Transects I and 2 Observations revealed that while there was again no seagrass present along Transect 2, there was still one area of Halophila noted along Transect I which had been barren until last year, The survey took place at mid tide and water depths were no more than 2.5 to 3.0 feet with visibility of only a few inches. A tunicate was observed along Transect 2. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annnal Report Lewis Environmental Services, Inc.: Report #9 November 2005 16 I C 1532 Outer Clam Bay: northwest sector, Transect 3 Shoal grass has still not reappeared in this transect. This year, Red algae were noted as opposed to the Blue-green algae noted before. The Red algae covered greater than 50% of the plot. Channel iust south of the boardwalk, Transect 4 This transect had no seagrasses at the time of the survey, which is the same as noted last year. This maintains the downward trend in coverage from previous years, However, some oysters were observed in the area which had not been present in previous years. 161C15 . . . . . . . . . . . . :ml ~ . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . lPI >- ~ . . .....Aawoa ~ . . ~ i~~ ~ ~ ~! . . . . . . j"i .\ ~ ::; . . . I! ~~~ . . . I! u ~ J' J' tv . . . . . . . ~d ~p. 0' . . . . "'tv:>.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (I) . . (I) "" "" w . . . . W I>'l . . . . . . . I>'l ::E ::E :::J . . . . . :::J Z . . . . . (I) z 0 W f- U . . . . . . . > f- U - X >- 0 <l: W W <l: . . "" "" (I) ::E I>'l ~ ~ z Z <l: <[ w- ::E . . <[ :::J "" 0 ~ <l: ::E cs f- ~ --' . w- U . . LJ 'I ('lJ --' . . :::J t "" ~ 2 w . . f- * :::J 0 . . ~ . N \, t , '0 8 >l I ~ ~ ~ ~ . . . 0 . . 161 C1534 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 ... Q) > o o - c Q) (,) ... Q) 0.. 100 90 80 70 60 50 40 30 20 10 o 1 6 7 8 9 2 3 4 5 Quadrat number TRANSECT 5 This transect did not have any grass last year, but did have about 10% coverage at plot 5 this year. 16 I C 15 35 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 Novcmocr 2005 ... Q) > o o ... c Q) CJ ... Q) a.. 100 90 80 70 60 50 40 30 20 10 o 1 2 7 3 4 6 8 9 5 Quadrat number TRANSECT 6 This transect continues to have a fair amount of grass, primarily between piots 3 and 5. After plot 5, the growth begins to get smaller and disappears. The location of grasses has been shifting around for the last few years, but continues to have reasonable coverage, Last year the most growth was noted between piots 4 and 7, The growth pattern is patchier at the south end and gets more consistent toward the north, near plOl 5, Oysters were noted at piot 9, 16' (;, 15 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 ... CI) > o o 100 90 80 70 60 50 40 30 20 10 o .,6 - c: CI) u ... CI) 0. 1 2 3 4 5 6 7 8 Quadrat number TRANSECT 7 This very shallow transect still has larger concentrations of grass in the southern end of the transect. There is a iot of variation in coverage between the plots, as has been noted in past years. In particular there was the most variation between piots 3 and S. However, overall it seems that there is significantly more grass this year than last year. This brings the amount noted in this transect this year closer to how it looked in 2003, though perhaps patchier. 16 Ie 15 -. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 ~ ~ o o - c Q) CJ ~ Q) a.. 100 90 80 70 60 50 40 30 20 10 o .17 1 2 3 4 5 6 Quadrat number TRANSECT 8 This transect has again spread out it coverage, whereas last year there was only a high concentration at plot I, and none elsewhere, Red algae were noted near plot 5, No grasses were seen on the west side of the channel, which is consistent fTOrn past years, 16/C 15 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 ~ CI) > o o - r:: CI) u ~ CI) D... 100 90 80 70 60 50 40 30 20 10 o 18 1 2 3 4 5 6 Quadrat number TRANSECT 9 The growth on this transect has shifted conl1guration significantiy, and has siightiy more overall coverage. Previously there was primarily only growth at piots 3 and 4, and the amount had been decreasing. The grass noted at plot I was short, and was located very close to the mangroves, Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, [nc.: Report #9 Novcmhcr 2005 16 , G 15 w 4.0 SYSTEM OVERVIEW 4.1 Aerial Photography Examination of iow-ievel oblique aerials is the most effective method for determining areas of stress and concern, A full mapping and acreage calcuiation was carried out during the first survey in 1999, and reassessed in subsequent years. The extent of the die- off area was estimated again this year by digital mapping and interpretation of the aerial photographs and the results are shown on the map at the front of this report (see page 6), Aerial photographs with follow-up groundtruthing were used to locate dead, stressed and recovering areas, A selection of these photos is presented below with appropriate explanations, Please note that these observations are based on photos taken in 2005 before Hurricane Wilma, in order to more accurately describe how conditions had been progressing. A post-hurricane discussion follows this section. Die-off area in 2003 Die-off area 2005 Clam Bay Restoration and Managcmcnl Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services. Inc.: Report #9 November 2005 161 CIS 40 An area of thin canopy first noted in 2003 was still apparent this year from the infrared photograph. This area is a little north of the Commons just off the berm, Field analysis of the site reveaied that what appeared from aerial view to be a stressed area was actually a location of heavy exotic (Brazilian pepper) and vine removal conducted earlier in the year. A few mangroves seem to be stressed or dying in this vicinity. Leaf loss and general thinning of the canopy continue to be observed. Some ponding of water is also apparent and ongoing site visits will continue to monitor this area. Leather fern and other groundcovers still appear to be taking advantage of the extra sunlight but no appreciabie mangrove regeneration has been noticed. 2004 2005 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmentaf Services, Inc.: Report #9 November 2005 161 C 15 41 Below are photos of another stressed area noted in 2003. We have compared this year's aerial photos to those taken the past two years. It seems that this area has recovered to the point that stress is barely visible from the aerial. 2004 2003 2005 Another area of concern that became apparent last year was recovering notabiy. The small area just to the east of the Contessa condominium in Bay Colony experienced a rapid die-off due to an old channel that had not been maintained. The channel was re- opened iast year and you can see beiow that the area had filled back in since the 2004 photo, Since Hurricane Wiima, many areas aiong the strand and Bay Coiony experienced severe shock evidenced by browning and loss of leaves. Most recent observations show that ieaf regeneration is occurring and the recovery of these areas will be monitored in subsequent reports, Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 Novemher 2005 42 161C'15 " Bay Colony 2004 Bay Colony 2005 One new area of die-off was noted this year, which we beiieve was due primarily to the clogging of an old channei that occurred during Hurricane Charlie, This area is near the County boardwalk, and you can see how the die-off follows the outline of the channel from under the boardwalk and out around the adjacent open water areas. The southern end of the channel has been cleared out and re-opened, and we will continue to monitor the area for signs of continued deterioration or recovery. The northern end of the channel was completely covered with beach sand from the storm and has not been opened. It is anticipated that the work done at the southern end will restore the flushing capability of this area and will prevent water levels from backing up too high in future events. New 2005 die-off Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 Novemher 2005 4.2 Hurricane Wilma 16/C15 43 Hurricane Wilma hit the Naples area in October of 2005. The high winds caused significant leaf loss and felled trees throughout the Clam Bay preserve, as noted in our mangrove plot descriptions. Additional aerial photographs were taken after the hurricane in order to assess areas that were more severely affected. The photos depict the leaf loss and general beating that the trees took as a result of the storm winds, We expect that the trees will recover over time and will continue to monitor the entire system. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 16 I C 15 44 4.3 Mangrove Plots The below photographs are of Turrell Plot #7. We highlighted this plot in previous reports because of the dense mangrove growth that has occurred in the last few years. In 2004, the canopy coverage has reached a point where the larger new trees are beginning to shade out the smaller, weaker growth, resulting in more noticeable dead small saplings and seedlings. This is a normal phenomenon that thins out the mid- and understory allowing the stronger trees to have room to grow and become established with less competition for food and iight. This plot has been classified as recovering and continues to progress in a healthy manner; however, the hurricane did strip leaves from most of the trees and knocked down mangroves inside and around the plot. It is expected that this plot should recover well from the storm damage. Plot 7, 2004 Plot 7, 200S Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annnal Report Lewis Environmental Services, Inc.: Report #9 November 2005 161 C 15 45 Plot 8, 2004 Plot 8, 2005 In plot 8, shown above, you can see the increase in height of the saplings at the back of the photos between last year and this year. Groundcover is less obvious since it was brown at the time of the 2005 monitoring, which may have resulted from high water or storm surge. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 16/C15 46 Plot II, 2004 Plot II, 2005 Plot II has seen considerable regrowth, which is difficult to illustrate in our photos due to hurricane damage. Last year the ground cover had diminished but seedling recruitment and generation had started. Seedlings are primarily whites, covering about 85% of the plot. Other than the trees damaged by the storm, this plot continues to progress well. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Iuc.: Sixth Aunual Report Lewis Environmental Services, Inc.: Report #9 November 2005 16/C15 47 Plot II aerial views ~ HI li~ IiI U\ 2005 The main die-off area next to the strand continues to progress, though hurricane damage has most likely set back the recovery process slightly. Mangrove saplings are now to 15 or 20 feet tall in many areas. The fiddler crab and minnow populations remain high, and Balis continues to thrive as the dominant groundcover. } 2004 from Strand wall Post Hurricane Wilma New Leaf Re' -growth after Hurricane Clam Bay Restoration and Management Biological Monitoring Tnrrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 4.4 North Tram Station Replanting Area 16/C15 48 This is the cattail area at the northern end of the berm where we have maintained cattail eradication efforts. We planted several species of native vegetation and several additional species of have volunteered in the area since the original plantings, The photos below clearly show that the vegetation has taken hold and is establishing itself well throughout the planting area. 2003 View of planting area along berm, 2005 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 161C15 49 5.0 BATHYMETRIC MONITORING CONCLUSIONS AND RECOMMENDATIONS: The initial dredging of the flood shoals in 1999 and maintenance of the flood shoal channel in 2002 has resulted in significant improvement to the stability of Clam Pass. These improvements to the hydraulic stability of the inlet from the April ] 999 dredging have persisted, however, the inlet channel and flood shoal areas have accumulated enough sand so that conditions are similar to those that existed prior to the maintenance dredging completed in January, 2002, Based on the June 2005 survey, there are approximately 12,000 cubic yards of sand within the currently permitted dredging limits. There are approximately 9,000 cubic yards in Segments Band C which were dredged in January 2002, This sand is expected to be beach quality. It has been nearly 4 years since the previous maintenance dredging. Although the tidal data show that flows through the inlet are still significantly stronger than the pre-1999 conditions, and may be sufficient to maintain flushing to the bay for the time being, there are indications that the flow through the inlet has diminished somewhat since the 2002 dredging. In order to reduce the potential for tidal exchange becoming diminished to the point where flushing might be inadequate, planning for the next maintenance dredging event is recommended. In planning for the next maintenance dredging, there are several things that should be considered. Hurricane Wilma impacted this area since the June 2005 survey. While storm wave energy often contributes to inlet shoaling by increasing sand transport into the inlet, strong tidal flow associated with a storm surge and storm water runoff tends to scour sand out of the channel. To provide updated information upon which to base decisions regarding dredging and estimated dredge quantities, it is recommended that a post storm survey be conducted. If the post storm survey indicates that dredging should be done, the survey data would be used to prepare plans for bidding and for submittal to DEP for a Notice to Proceed. There has also been some discussion about Collier County expanding the dredging to include the ebb shoal for the purpose of obtaining additional sand for the nourishment of the Clam Pass Park beach south of the inlet. This approach would provide immediate relief to the erosion problem on the park beach; however, it also may have longer-term consequences that should be carefully considered. A common impact from dredging inlet ebb shoals is increased erosion of adjacent beaches. This occurs for severa] reasons including; interruption of natural transport which relies on the presence of an ebb shoal to bypass the inlet, diminished protection from waves for areas close to the shoal, and the readjustment of dredge cut slopes to a natural repose angle as the shoal begins to reform by trapping sand from the littoral system, Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 161 CI5 50 It is recommended that if plans are developed for dredging the ebb shoal, those plans should include a contingency plan for addressing impacts that might occur from the dredging. A DEP permit would be required for this activity, and it is likely that a contingency plan would be included as a condition the permit if such a permit is issued. If the proposed plan to dredge the ebb shoal is to be implemented within the next year, maintenance dredging of the inlet in 2005/2006 under the current management plan is probably not necessary. It is not anticipated that dredging of the ebb shoal will have any adverse effect on the flushing of Clam Bay or on the mangrove communities in the Clam Bay system. Recommendations for Ongoing Monitoring; The tidal ranges and phase lags are an important indicator of how well tidal flow through the inlet is flushing the bay system, This data is presented in Figures 6, 7, and 8, While these figures illustrate the improvements that have resulted from implementation of the Clam Bay Restoration and Management Plan, they also show that there is a significant amount of scatter in the data. For example, the most recent data shows an increase in the high tide phase lag, which is an expected consequence if shoaling in the inlet is significant enough to adversely affect tidal flow. However, during the same monitoring interval, the low tide phase lag decreased, which is normally an indicator of improved tidal flushing. These inconsistencies have previously been treated as random scatter in the data because they are relatively small in comparison to the overall flushing improvements. This random scatter might be related to factors such as wind influence on tidal flow, or storm water outflow. However, the scatter makes it difficult to identify trends that would indicate correlations between shoaling in the inlet and flushing action, It is therefore recommended that the tidal data collection program be expanded to include data collection at two additional stations to provide a level of redundancy that should be helpful in understanding the variability that has been fairly consistent in the data for six years. The Clam Bay Restoration and Management Plan has so far been successful in maintaining a maintenance dredging interval of up to 4 years, This represents considerable cost savings over more frequent dredging, and this cost savings is considered justification for the additional data collection and analysis which may be used to improve management practices, With better understanding of how shoaling in the inlet influences the tidal parameters, it may be possible in the future to base scheduling of maintenance dredging on tidal measurements alone, and thereby reduce the cost of surveys for monitoring shoaling in the inlet. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmentai Services, Inc.: Report #9 November 2005 161 CIS. 51 Previous Recommendations: Recommendations made in previous reports that are still considered relevant to long term management are repeated in this section for convenience. The long-term management of the Clam Pass inlet system should include continued monitoring of the inlet channel from the gulf to the interior, as well as the meandering connecting channels and along the dredge cut within the Clam Bay system. The May 2004 monitoring data show that cuts 1,2 and 3, and the inner part of cut 4 have remained relatively stable since the 1999 dredging. It is recommended that continued monitoring of these areas be conducted once more in May 2006. If the sections appear stable based on that survey, further monitoring of cuts I, 2 and 3 should not be necessary during each monitoring event, and should possibly be only done at three-year intervals. This will reduce monitoring costs. However, due to the high recreational use of the inner bay area of cut #4, monitoring should continue on two-year intervals between Station 18+00 and 35+37, The tidal studies should be continued as an integral part of the annual monitoring because they will indicate when shoaling of the inlet and other channels has occurred to the extent where tidal circulation in the bay system is affected, Although dredging portions of the meandering channels between the four bays appears to have contributed to improving the flushing of Inner and Upper Clam Bay, the tidal exchange remains relatively low at the north end of the system. If biological studies indicate further enhancement to flushing of the remote northern portion of the bay system is necessary, that may be accomplished by straightening sections of the meandering channel. This approach would necessitate removing small areas of existing mangrove and it would therefore be necessary to demonstrate that it would be beneficial to the broader goal of managing the ecology of the overall bay system. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 16/C15 52 6.0 WATER QUALITY SUMMARY 6.1 Sampling Results The sampling data are not included in this report due to volume of pages making up this information. All sampling information is available for review and inspection at the PBSD offices. Field notes, Chain of custody records, and Laboratory reports are included in this data set. Of all the parameters, dissolved oxygen (DO), nitrates, phosphates, and total dissolved solids, are discussed below. Discussion on these parameters is provided because they are the most indicative of potential water quality problems. The remaining parameters are not discussed because they all fall within normal and historic ranges for the sample areas. We also looked closer at monthly fluctuations as well as the annual averages in this year's report, The monthly information can show if a single or catastrophic event contributed to a high or low annual average and can assist in interpretation of the data being presented. Dissolved Oxvgen (DO) Dissolved Oxygen is a measurement of the amount of oxygen available in the water. Aquatic life depends on oxygen in the water and low levels can be an indicator of poor health of an aquatic system. Equipment problems that had plagued this testing in past years appear to have been resolved this year and valid DO readings were once more collected for inclusion into this report, The measured DO levels fluctuated around the expected and acceptable levels at all locations and no adverse or alarming levels were observed. Nitrates (NOJl Nitrates are nutrient components that are most often associated with fertilizers or vegetation decomposition. Excessive levels can lead to algal blooms, decreased DO levels, and decreased viability of the system, Nitrate values continue to fluctuate widely between sampling station and no appreciable trend is apparent. It is clearly apparent that waters within the development itself, Sample locations PB-13, St. Lucia, and to a lesser extent, PB-ll, average higher values than the waters of the estuary. This is still a good sign in that it means the water management system and the vegetation between the berm and the pass is working to take up nitrates out of the water column prior to it going into the Gulf. Looking at the montWy levels, another pattern is observed. PB-13 and the St. Lucia stations seem to have periodic spikes in nitrate levels through the year. It is extremely Clam Bay Restoration and Management Biological Monitoring Tnrrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 16/C15 53 interesting to note that these spikes correlate very closely with spikes observed last year, Both the timing and the nitrate levels associated with the spikes are very similar. We are trying to find out if these spikes are associated with lawn care activities such as fertilizing on the condominium or golf course grounds. As of the writing of this report, this information had not yet been ascertained. Still, average levels are not extreme and as stated above, the water management system seems to be doing its job in removing this nutrient component before it reaches the Gulf of Mexico. Phosphates (OP041 Phosphates are nutrient components like nitrates that are most often associated with fertilizers. Like the nitrates, excessive levels can lead to algal blooms, decreased DO levels, and decreased viability of the system, Ortho-phosphate values also fluctuate widely between sampling station however the trend that started to become apparent last year is still progressing. It appears that waters within the development itself, especially sample locations PB-II, and St. Lucia are trending towards higher phosphate levels. There is a lot of fluctuation but for these sites, the highs keep getting a little higher and the lows don't go as low as previous drops, This could be an indication of phosphate accumulation in the system and is something that we want to continue to keep an eye on, It is a good sign that this trend is not apparent in the open waters of the bay or pass. As with the nitrates, the water management system and the vegetation between the berm and the pass is working to take up this nutrient out of the water column prior to it going into the Gulf. The monthly pattern seen in the nitrate samples was not as apparent in the phosphate samples but, both PB-II and the St. Lucia stations show phosphate spikes that correlate with Nitrate spikes. This could be another indication that these spikes are associated with lawn care activities such as fertilizing on the condominium or golf course grounds. As stated with the nitrates above, the water management system seems to be doing its job in removing this nutrient component as well before it reaches the Gulf of Mexico. Total Dissolved Solids (TDS) This is a measure of the mineral and salt content of the water. Generally, the higher the TDS content, the saltier the water. As with past years, this parameter was within the levels expected. The freshwater sampling stations showed low TDS levels while the estuarine sampling stations showed higher levels. The one exception was a drastic spike at the Glenview monitoring station in April. Since this is the last sampling period associated with this report, it appears as an anomaly when compared to the rest of the data. Subsequent monitoring also indicates that this was a fluke reading most likely associated with sampling error or an equipment malfunction. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annuai Report Lewis Environmental Services, Inc.: Report #9 November 2005 161 C 15 54 6.2 Conclusions This year's testing did show that most parameters are still reacting as expected and the storm water management system appears to be doing its job by tying up or removing nutrient and pollutant parameters before they reach the Gulf of Mexico, The phosphate trend observed at a couple of stations warrants continued testing and observations, In addition, more investigative work will be conducted in the upcoming year to determine (if possible) the source of the spikes observed in both the nitrate and phosphorus levels, The results of these investigations will be commented on in future water quality reports. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 16/C15 55 7.0 CONCLUSIONS 7.1 Mangroves The remaining die-off areas now encompass just over 24.7 acres per calculations made by Turrell & Associates Inc. In 2003, a portion of the die-off area (approximately 14 acres) was reclassified as recovering and due to the continued growth of new vegetation, this classification has not been changed and in fact, additional acreage (12 acres) has been classified as recovering this year. Several small new die-off areas and one larger die-off area have been located within the system. The smaller areas are a result of new lightning strikes and hurricane damage from Hurricane Charlie last year, Blown down trees opened up areas in the canopy that, while not dead, had much less canopy cover than in the past. The larger die-off area (approximately 1.5 acre) is also attributable to Hurricane Charlie. The die-off has occurred along an old flushing creek that was entirely blocked by both sand and vegetative debris for a period of about 6 months. Once the adjacent mangroves started showing signs of stress, the blockage was found and steps taken to restore flushing. It appears as though the trend had been stopped but the recent passage of Hurricane Wilma may add to the die-off. We will be diligently monitoring this area in the future to insure that blockages do not occur and flushing is maintained, All told, 3.14 acres have been added to the die-off area this year. A couple of the diffuse areas of stress in the system have been removed from the map as they no longer appear as stressed as in years past. Results from the monitoring plots give a picture of continued growth of individual trees and consistent seedling recruitment. The area around Turrell & Associates plot 7 was characterized as recovering, and this trend has continued. This plot and Plot 8 have both shown the most growth in the past year with many trees now over 15 feet tall. The channel construction within other portions of the Strand die-off area will allow continued seedling recruitment and Batis colonization during the upcoming year. The existing plants continued to survive through the hurricanes and associated surges and in most places, though the leaves were battered, the trees themselves still survive, The channels cut throughout the area clearly help to flush the stacked water and return water levels to normal in a much shorter period of time than would have occurred prior to 2001. Groundtruthing of areas showing stress suggests that they are still areas of lower elevation and ponding of water or lack of drainage may still be responsible for the condition of these areas, In the northern area just west of the Marbella condominium white filmy bacterial mats could still be observed in these low areas, suggesting that water is not moving in and out of the forest effectively. 161 CI5 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 56 While the hurricanes of 2004 did not do any major damage to the mangrove system here at Pelican Bay the recent 2005 Hurricane Wilma was much more destructive to the system as a whole. Extreme leaf loss, browning, and limb/trunk breakages were apparent results of the storms. Clean-up efforts occurred along the tram berm and boardwalks but the majority of the system will be left to recover on its own. As shown in earlier photographs, trees are already putting out new growth and show every indication of recovering from the storm damage. Construction of the last component of the flushing channels was completed this year. All of the major channel locations have been identified and dug. Monitoring of the new excavated areas will continue to document the recovery that is expected now that the channels have been finished. These observations have been used to direct the focus for 2006 and budget potential considerations for 2007, described in Section 8,0, 7.2 Seagrasses Positive observations include the continued existence of small patches of Halodule to Outer Clam Bay, Seagrasses were seen along the transects in Outer Clam Bay were still present during this year's surveys though they had not expanded any more. It also appears that the seagrass density along the flats adjacent to the pass has increased slightly from the depressed levels noted last year, Seagrass coverage is still lower than the 1999 pre-dredge conditions but the gradual decline since the 1999 dredging does not appear to have continued this year, The lower coverage is most likely an unforeseen consequence linked to the extended tidal range in the bay. The increased tidal range results in an extended period of exposure of the mud flats at low tide. The poor water clarity means that grasses are mostly observed in areas of 2 feet or less in depth. Thus grasses in the channel prior to dredging were concentrated along either side, hence transect placement. The change in topography has meant that the mud flat areas would be drier for a longer period because of the increased periodicity seen since the dredging was done. This is considered the most likely explanation for the decline in seagrass coverage although when the decline in Outer Clam Bay is also considered, water quality could be a factor. This is particularly relevant for transects I and 3 where the flap gate Seagate culverts may have reduced tidal exchange in Outer Clam Bay, The culverts were removed in October 2002, to determine if tidal exchange between Outer Clam Bay and Venetian Bay can be accomplished without affecting Clam Pass. Monitoring showed that the culverts could remain off without affecting the Pass, so the culverts were left off. The re- appearance of seagrasses two years after the culvert removal may indicate that water 161C15 Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmentai Services, Inc.: Report #9 November 2005 57 quality and flushing were a factor in the original decline of the grasses in this area though no appreciable expansion of seagrass coverage was noted this year in this area. Subsequent years of monitoring may support this theory if the seagrass densities continue to increase, Another ml\ior component that could have affected seagrasses this year was the passage of Hurricane Wilma, The winds and storm surges associated with this storms moved a lot of sand around area beaches and could have impacted the grasses by covering them, by shearing them away, or by increasing turbidity in the water and reducing light penetration to the grasses. Since the storm passed after this year's monitoring was conducted, it is not known if the seagrasses were affected or not. Only continued monitoring will determine if impacts occurred. As in the past couple of years we will be spot checking certain plots along the transects at different times to determine if seasonal fluctuations could be affecting the survey results. It appears as though densities could be fluctuating within the area and we hope to be able to determine maximum densities throughout the system. Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annual Report Lewis Environmental Services, Inc.: Report #9 November 2005 161 CI5 58 8.0 Concluding Remarks and Management Focus for 2006 Recovery is occurring, evidenced by continued seedling recruitment and sapling survival in the main die off area, Batis colonization, and growth of individual trees in monitoring plots. This year saw a direct hit from a major storm and the existing plants while battered by the high winds, weathered this storm well, Still, there continue to be signs of stress within other forest areas and exotic vegetation has moved into some areas which shows that this is a very complicated ecosystem and monitoring efforts must be ongoing in order to properly manage the system, It will be a slow process before full recovery can be expected and the work conducted this year demonstrates the importance of maintaining vigilance and a proactive approach towards the restoration efforts. The channels dug within the die off area in the previous years and completed this year have averted possible extended flooding by late summer rains and a major hurricane. High numbers of seedlings and Batis recruitment are still being observed throughout the area following the work. Within one of the stressed areas, observations of standing water suggest that additional drainage may still be needed though tides and high water throughout the system may have biased these observations. The main work focus for 2006 is the continued maintenance of the existing cuts and the possible planting of areas along the berm where cattail eradication has been very successful. A list of work items to be undertaken is presented below, some of this work is already underway, additional items may be addressed in the budget for fiscal year 2007 if the results of next years work indicates additional work is needed; I) Continue clearing of fallen trees within the main waterways of Clam Bay. 2) Exotic and Nuisance vegetation should continue to be removed. Brazilian pepper within the forested areas should be identified and treated. Old World Climbing Fern first observed last year is still present within the system and should be eliminated. 3) The cattail areas along the berm should continue to be monitored, Any indications that water quality degradation is occurring due to overgrowth of cattails should trigger a maintenance activity that will remove the decaying plant biomass from the system, The storm surge associated with the hurricane pushed more salt water into the berm and helped to keep the area cattails under control. It is possible now that supplemental plantings, similar to those installed at the northern end of the berm, could be installed to speed up the re-growth of the open areas left after the cattail removal. 4) Conduct a post-storm inlet bathymetric survey to determine if the inlet was adversely affected by the storm and to determine if a dredging activity is needed prior to the Clam Bay Restoration and Management Biological Monitoring Turrell & Associates, Inc.: Sixth Annnal Report Lewis Environmental Services, Inc.: Report #9 November 2005 161 C 15 59 next sea turtle nesting season. (Our understanding is that the County may already be doing this as part of their ebb shoal investigation) 5) Water Level Monitoring within inner mangroves will re-commence, Replacement of several water level loggers within the mangroves and away from open water will monitor daily and seasonal fluctuations in water levels. A clearer picture of the way water within the system behaves can be established now that the flushing cuts have been completed. 6) Monitoring and maintenance of the flushing channels is essential to maintaining the additional flushing capacity that they have contributed to the system, 7) Two additional tidal monitoring stations should be established to determine if ongoing inconsistencies in data collection might be related to factors such as wind influence on tidal flow, or storm water outflow. The additional stations will also provide a level of redundancy that should be helpful in understanding the variability that has been fairly consistent in the data for the past six years. 8) Plan to conduct a pre-condition beach survey to the north of the pass should the County decide to try and dredge the ebb shoal outside of the pass. This background information will be needed to monitor or determine if any adverse impacts to the beaches north of the pass result from those activities. 9) Year-round monitoring of the system rather than once-a-year will continue. This will allow for closer scrutiny of the system and may catch problem areas while they are still able to recover rather than after they crash. The final word for 2005 is very similar to the last couple of year's prognosis, Efforts undertaken to stop and reverse the die-off appear thus far to have been very successful. Continued efforts are needed to quantify the response to measures that have been implemented, and to make sure that the measures implemented are maintained in the future to continue the recovery of the mangrove die-off areas. The outlook for 2006 and beyond is optimistic and indications are that the majority of the system is on the road to recovery. IhrC1{) Clam Bay Restoration Project Report Number 8 November 14,2005 Time Zero plus 9- Year Monitoring By Roy R. "Robin" Lewis, III Principal Ecologist and President and Michael J. Marshall, Ph.D. Consulting Senior Ecologist Lewis Environmental Services, Inc. P.O. Box 5430, Salt Springs, FL 32134 LESHRL@aol.cum 888.889.9684 November 14, 2005 Pursuant to: Florida Department of Environmental Regulation Permits Number 112870025 and 0128463-001-JC U.S. Army Corps of Engineers Permits Number 199601979LP-CC And 199602789W-CC 16 I C 15 2 Table of Contents List of Figures Figure I.Pelican Bay Golf Course rainfall 1/1999 through 10/2005.................... ...8 Figure 2, Batis cover by plot 1/99 through 10/05... .............. ............ ........... ...10 Figure 3a. Black mangrove fallen over flushing cut.. .. .... .. .. .. .. .. .. .. .. . .. .. .. .. . .. .. .. 15 Figure 3b. Uprooted black mangrove...... ...... ...... ........ ........ ........... ...... ......16 IIltr(}clucti()Il.......................................................................:; Materials and Methods.............. .................. .........................7 Results....................................................................... ..... ...9 J)iSCllSsi()Il.........................................................................1:z ~iteratllre citecl..................................................................17 Appendix A Monitoring well data, November 2001, October 2002, August 2003, August 2004 and September/October 2005 Table AI. November 2001 Groundwater salinities and water depths inside and surface water salinities and depths near each monitoring well Table A2. . October 2002. Groundwater salinities and water depths inside and surface water salinities and depths near each monitoring well. 16 I C 15 3 Table A3, . August 2003. Groundwater salinities and water depths inside and surface water salinities and depths near each monitoring well Table A4. August 2004. Groundwater salinities and water depths inside and surface water salinities and depths near each monitoring well Table A4. September/October 2005. Groundwater salinities and water depths inside and surface water salinities and depths near each monitoring well Appendix B. Mangrove size class distributions by plots. Appendix A-I. Plots near old flushing channels. Figures Plot I October 2005. Red, black and white mangrove counts and size distributions (in I ft. increments) in the Clam Bay vegetation plots. Figures Plot 3. Plot 3, October 2005. Red, black and white mangrove counts and size distributions (in I ft. increments) in the Clam Bay vegetation plots. Figures Plot 4. Plot 4, September 2005. Red, black and white mangrove counts and size distributions (in I ft. increments) in the Clam Bay vegetation plots. Figures Piot 8. Plot 8, September 2005, Red, black and white mangrove counts and size distributions (in I ft. increments) in the Clam Bay vegetation plots, Appendix A-2. Plots near 2004 flushing channels. Figures Plot 2 September 2005. Red, black and white mangrove counts and size distributions (in I ft. increments) in the Clam Bay vegetation plots, Figures Plot 6, September 2005. Red, black and white mangrove counts and size distributions (in I ft. increments) in the Clam Bay vegetation plots. Appendix A-3. Plots with no flushing channels Figures Plot 5, September 2005. Red, black and white mangrove counts and size distributions (in I ft. increments) in the Clam Bay vegetation plots. Figures Plot 7, September 2005. Red, black and white mangrove counts and size distributions (in I ft. increments) in the Clam Bay vegetation plots. I61C15 4 Appendix B. Control Plots September 2005. Figures Plot 9, September 2005. Red, black and white mangrove counts and size distributions (in I ft. increments) in the Clam Bay vegetation plots. Figures Plot 10, September 2005, Red, black and white mangrove counts and size distributions (in I ft. increments) in the Clam Bay vegetation plots, Figures Plot 11, September 2005. Red, black and white mangrove counts and size distributions (in 1 ft. increments) in the Clam Bay vegetation piots. Appendix C. Monitoring Plot Photographs September or October 2005. Figure C-l Monitoring plot number I, photo taken October 2005. Figure C -2. Monitoring plot number 2, photo taken September 2005 Figure C-3. Monitoring plot number 3, photo taken October 2005, Figure C-4. Monitoring plot number 4, photo taken October 2005, Figure C-5. Monitoring plot number 5, photo taken September 2005. Figure C-6. Monitoring plot number 6, photo taken September 2005. Figure C- 7. Monitoring plot number 7, photo taken September 2005, Figure C-8. Monitoring plot number 8, photo taken September 2005 Figure C-9. Monitoring plot number 9, photo taken September 2005. Figure C-IO. Monitoring plot number 10, photo taken September 2005. Figure C-II. Monitoring plot number 11, photo taken September 2005. 161 C 15 5 Introduction The Clam Bay ecosystem is located on the west coast of Florida in northern Collier County. It is made up of three interconnected lagoons, Upper Clam Bay, Inner Clam Bay, and Outer Clam Bay), Historically the three lagoons had open connections both to the north and south, behind a barrier beach, and a connection to the west through Clam Pass Due to development, the northern connection was partially blocked by the construction of Vanderbilt Beach Road in the 1950's, and the single culvert under this road ceased to function in the 1970's (Hatcher 1996). The southern connection was blocked by the construction of Seagate Drive in the 1960's, Three cuiverts were installed under this road in 1976, These blockages reduced the tidal prism in Clam Bay and have resulted in frequent closures of Clam Pass due to sand deposition and build- up. Clam Bay and its current watershed cover a total of 2,968 acres. Within the watershed 1,976 acres are developed (homes, roads, etc.) and 722 acres are in native plant communities with some invasion of exotic plants including Brazilian pepper and Australian pine. The estuarine portion of this acreage, which is Clam Bay proper, covers 568 acres. Mangrove forests occupy 443 acres, tidal marsh I acre, and open water 124 acres. Within the open water areas approximately 7 acres of seagrass occur, all in Outer Clam Bay. Thirty-eight species of marine algae occurring as epiphytes on mangroves and other substrates have been reported in Clam Bay (Rhem 1974). The mangrove forest contains all three species of mangroves (red, Rhizophora mangle; black, Avicennia germinans; and white, Laguncularia racemosa) plus buttonwood (Conocarpus erectus) and sparsely scattered patches of saltwort (Batis maritima) and pickleweed, (Salicornia virginica), according to detailed field surveys performed in the early 1970's (Tropical BioIndustries Company and Gee and Jenson 1978). Tree densities ranged from 726 to 7,580 per acre and maximum canopy height was 39 feet. Within the black mangrove dominated basin forests, 16% of the trees or 8,8 acres of dead black mangroves were reported in the 1978 document. Dead and stressed mangroves were again reported for Clam Bay in 1989 when David W. Crewz, a biologist with the Florida Marine Research Institute, was asked to inspect Clam Pass Park by Mary Ellen Hawkins, then a Collier County representative to the legislature (letter to Don Duden dated April 3, 1989). Mr. Crewz concluded that the "dead and stressed mangroves were caused by lack of adequate water circulation resulting from the closure of Clam Pass.... allowing toxin and salt buildup." 161 C 15 6 Westinghouse Consultants, Inc., employees in February 1992 noted additional mangrove die-offs, north of Clam Pass Park on the west side of Upper Clam Bay. This area was inspected by Dr. Eric Heald, a consultant to WCI, and reported to WCI in April 1992, as probably due to hypersalinity, although 1991 was an above average rainfall year. The same conclusion was reached by Robin Lewis of Lewis Environmental Services, Inc., after an inspection in May 1994, At this time the die-off area was approximately 6 acres. A widespread mortality of mangroves in Florida Bay was also reported in the summer of 1991 (Yarbro et al. 1994) and it was attributed, in part, to natural drought conditions and unusual tidal inundation patterns. After above average rainfall in the summer of 1995, The Conservancy, Inc.'s staff and residents in Pelican Bay reported additional mangrove deaths which continued through 1995 and 1996. The total area of the die-off through July 1999 was 45.9 acres with 24.7 acres undergoing recovery as a result of lower rainfall and drainage improvements. This report was commissioned by the Pelican Bay Services division of Collier County as a result of an application and subsequent permit issuance by the Florida Department of Environmental Regulation (permit number 112870025 issued May 1, 1996) and the U.S. Army Corps of Engineers (permit number 199601979 LP-CC issued on June 26, 1996) which allowed the construction of 1,312 feet of main tidal channels and 356 feet of minor tidal channels within the primary area of mangrove die-off The work occurred in two phases with the first phase completed in early August 1996, and the second phase completed on December 6, 1996. A previous report (Lewis Environmental Services, Inc., i997a) described the baseline and time-zero conditions prior to restoration. A second report (Lewis Environmentai Services, 1997b) described the conditions that existed (up to September 11, 1997) in the mangrove forest after restoration had progressed for approximately one year, A third report described conditions in the forest during the second year (October 1997 through December 1998) following the completion of the initial hydrological restoration work. A second series of permits were issued in 1998 (FDEP#0128463-001-JC and COE 199602789-IP-CC) to complete the restoration project. Additional channel construction projects were completed during the summers of 1999 and 2000. A total of 2,555 feet of channels were dug through much of the forest in 1999 and 8,822 additional feet were completed during the summer of 2000 (under the supervision of Lewis Environmental Services. During November 2000 and during the summer of 2003 the channels dug in 1999) and later were inspected and cleaned out as needed to insure continued water flow into and out of the mangrove forest. Several new channels were dug in areas adjacent to the Strand in 2003 and more were dug during the summer of 2004. 161 C15 7 Methods and Materials Salinities and depths in monitoring wells have been measured at irregular intervals since the installation of the wells on May 5,1996. The monitoring schedule has changed from weekly well measurements to a quarterly schedule starting in 1999. Twenty-one monitoring wells were set out on May 5, 1996, and an additional three wells were added on July 8, 1996. Each well has a 30-inch long PYC tube (2.0-inch inside diameter). Approximately 50 small holes (l14-inch diameter) were drilled into the sides of each PYC tube within the IS-inch section to be set below ground. Each drilled tube was then wrapped with window screen to prevent sediment and other particles from entering the well. Well tubes were sunken approximately 15 inches into the mangrove forest floor. All wells, in groups of three with individual wells at distances of 10,20 and 30 meters from water channels within the forest, are adjacent to 100 m2 plots in which mangrove tree recruitment and growth are monitored. All wells were surveyed by Wilson-Miller, Inc., to determine their locations and elevations. Elevation measurements were used to adjust water level measurements within the wells to height relative to NGYD. Several wells have been disturbed by the channel digging program and now some of the wells are located within channels. These wells are indicated as "lost well" in Appendix a Table 1,2, and 3. One well near Plot 9 was not located during 2003 because it is buried within a very dense thicket of mangrove saplings. Missing wells were replaced in August 2004 and, at the same time all other wells were cleared of mud and debris. Upon replacement the top edge of all wells were set to a standard height of 15 inches above the soil surface, At the time of this report they had not yet been resurveyed so the water elevation measurements for this year may be slightly off from those taken in past years. A total of 11 monitoring plots were established with eight (Plots 1 through 8) serving as experimental (impacted) plots and three (Plots 9 through 11) serving as control (un- impacted) plots, Two of the control plots were not established until July 25, 1996, Color photographs of each plot were taken at the beginning of the project and on the date of each successive monitoring visit. Mangrove tree species, including Laguncularia racemosa (white mangroves), Rhizophora mangle (red mangroves), and Avicennia germinans (black mangroves), were identified and counted, if present, in each plot. Tree heights were aiso measured and recorded, Other vegetation in the plots, usually Batis maritima or Salicornia virginica, was also identified and percent ground coverage by these plants was estimated. A field guide, prepared by LES, for all plants, mangroves and ground cover species, has been available to the monitoring team since 1997. Seedlings within the monitoring plots are now (beginning with the 12/3/98 monitoring date) counted within 0.50 m2 quadrats. Densities are determined from 12 haphazardly located quadrat subsamples. This change in methods was necessary due to a very large recruitment of seeds and seedlings throughout the forest. We were concerned that taking a total count within the 100 m2 plots would be inaccurate and could lead to the trampling of many small plants. Prior to the 12/3/98 census seedling numbers were estimated and probably were not accurate. Seedlings in most piots were 161 C 15 8 buried within the very heavy Balls cover and were not easily visible. Quadrat counts should prove to be more accurate because the seedlings beneath the Balis cover were counted. All plants that were taller than the height, usually about 6 inches, of the Balis ground cover mat were counted over the entire piot. Salinities within wells were measured by collecting small (5-10 ml) water samples within a I m long, thin-walled plastic tube (1.5 mm inside diameter) or by collecting small water samples from drops falling off of the tip of a yardstick used to measure well depths. A temperature compensated refractometer (American Optical) was used to determine salinities of these water sampies. Water depths within wells were measured directly by placing a yardstick into the wells and recording the position of the water line when the yardstick was removed from a well, Yardsticks were dried between readings, These measurements were taken on an approximately weekly schedule during 1997, The monitoring schedule changed, in 1999, to quarterly sampling and, since 2000, to once per year sampling and plot monitoring. If the forest floor was flooded on a monitoring date surface water depths and salinities were also measured at iocations immediately adjacent to the wells. Rainfall data from the Pelican Bay golf course were plotted on a yearly and monthiy (Fig. I) basis. Pelican Bay Golf Course Raintall1999 through October 2005 25 5 20 15 .. ! " .5: 10 o Yea, Figure ], Rainfall data. Pelican Bay Golf Course. 161 CIS 9 Results Salinity and Water Depths With sampling now limited to once per year schedule it is impossible to make meaningful comparisons of changes in these two important measurements between sampling dates. Therefore the salinity and well water depth data should only be used in comparisons between "control" and "impacted (dead)" sites. Salinity measurements for each well and for standing surface water at each well site are shown in Appendix Tables I, 2, 3 and 4. Monitoring wells in these tables are grouped by mangrove monitoring plot numbers, Appendix A, Tables 1,2,3, and 4 similarly show water depths in the wells and in the puddles or ponds at the well sites. Photography Appendix C contains the September/October 2005 monitoring Plot photographs, Batis Ground cover by Batis maritima (saltwort) increased dramatically throughout the impacted study area from the first survey in May 1996 to the survey in December 1998 (Lewis and Marshall, 1999). During 1999 Batis coverage abruptly declined (Fig. 2) in all monitoring plots and throughout much of the dead forest. Batis coverage increased during 2000 within most of the monitoring plots and throughout the forest. There were large areas of forest floor that were barren of living Batis at the time of the 2000 report. Batis (as judged from the August 2003) survey is once again flourishing throughout the die-off area. During the August 2004 survey Plots 2 though 7 had above average plot specific Batis coverage, Plots I and 8 were just below average. Plots I and 8, at the 2004 survey, are densely vegetated with mangroves; presumably these trees have shaded out part of the Batis cover. This phenomenon is evident in the 3 control plots where only a fraction of each plot is covered by Batis. 161G15 10 Figure 2. Batis cover from 1/]999 through 10/2005. Batls cover 1999 through 2005 1_1129/1999 'I .212611999 OS/27/1999 107130119991 ,.11/3011999, I_ 4119/2000 .8125/2000 i 'C111/2412001' i.10/1012002, 1.8128120031 I Cl8I11/2004 IC10111~2005i 6 7 B Plots adjacent to the oldest flushing cuts...Plots 1,3,4, and 8. Several LES mangrove monitoring plots are located immediately adjacent to flushing cuts which are more than two years old. These include Plots 1,3,4 and 8. The mangrove size frequency graph (Appendix A-I) for Plot I and Appendix C, Photo I show that white mangroves greatly out number black mangroves in this plot but that both species have individuals that are greater than 8 feet tall. Red mangroves are also present in this plot with 4 trees over 10 feet tall. Plot I and the area around plot I are very densely overgrown with mangroves. This plot is bisected by one small flushing cut and it is bordered by another. Plot 3 (Appendix C, Photo 3) is also bisected by a flushing cut and it is close to another cut. Piot 3 is also densely covered with mangroves. At the October 2005 census it contained 114 whites over 6 feet, 2 reds greater than 6 feet, and it is 60% covered by Balis, Two blacks were observed. The area surrounding Plot 3 is very densely covered by a mixture of the three mangrove species. Plot 4 (Appendix C, Photo 4) is close to the main flushing channel through the Strand die-off area and it is located between several smaller flushing cuts. These cuts are some of the oldest cuts in the restoration project. Plot 4 contains 3 tall (>25') black mangroves that were present, but near death, at the time of the first channel excavations 16' C 15 (1996), These trees were still alive in 2004 and 2005. Smaller blacks are abundant in this plot (with 33 trees> 6 feet) and there were many black seedlings (1212 seedlings < I foot) at the time of the 2005 survey. Red mangroves included 6 trees greater than 6 feet tall. At the October 2005 survey Plot 4 contained 48 white mangroves that were 6 feet or greater in height. Plot 4 was 30% covered by Batis. Plot 8 (Appendix C, Photo 8) lies adjacent to the main flushing channel. It is also bordered by a smaller flushing cut. Plot 8 contains 2 tall (>25 ft.) blacks, 2 whites greater than 25 feet and 2 reds greater than 25 feet. Smaller whites are very abundant in this plot and there were 115 white seedlings (< I ft.) Red mangroves less than 10' tall were also abundant and red seedlings were also very numerous (300). Eighteen reds, 6 blacks, and 9 whites were greater than 6 feet tall at the September 2005 survey. Plot 8 was about 30% covered by Batis. II Plot near newest (dug in 2004) flushing cuts...Plots 2 and 6 (Appendix A-2). Plots 2 and 6 (Appendix C, Photos 2 and 6) have not been able to support sustained mangrove growth since the project began in 1996. The first flushing cuts in these areas were dug near these plots during the summer of 2004, At that time (August 2004) Plot 2 contained 3 short (<3') whites and I, I ft. red. Plot 6 mangroves included reds (to 3 feet), whites (to 4 feet), and blacks (to 8 feet). Both plots were extensively covered with Batis (Plot 2 had 90% cover and Plot 6 was 100% covered). By September 2005 more mangroves were counted in each of these plots. Plot 2 contained two 5 foot whites, five 2 foot reds, and seven 2 foot blacks. Forty three white mangrove seedlings were also counted in Plot 2. Plot 6 contained 7 reds (to 4 ft), 15 blacks (from 2 to 8 feet), and 8 whites (from 2 to 4 feet). Plots not near flushing cuts. .... Plots 5 and 7 (Appendix A-3). Plots 5 and 7 (Appendix C, Photos 5 and 7) are in an area where flushing cuts were first dug during the summer of 2005. Plot 5, at the August 2004 survey, contained 2 short (< 5') blacks,S short (<6') whites and 14 reds (with 2 trees greater than 10'). No seedlings, other than one less than I ft. red, were counted in this plot. Plot 5 was nearly 100% covered with Batis. At the 2005 survey plot 5 contained 25 whites (15 less than I foot tall), 21 blacks (15 less than I foot), and 5 reds (from 2 to 4 feet), In 2004 Plot 7 contained only 3 blacks and 2 reds. One black, the recovering stump of a formerly much taller tree, was 7 feet tall. Plot 7 was 100 % covered with Batis. At the 2005 survey Plot 7 contained the same 7 foot black, 4 whites from 2 to 6 feet, and 27 reds (from 2 to 11 feet). Forty three red seedlings (< 1 foot) were also counted. 16/C15 .- 12 Control Plots... Plots 9,10 and 11 (Appendix B) Plots 9, 10 and 11 (Appendix C, Photos 9, 10, and 11) are in areas that were originally selected because the trees in these plots looked healthy compared to the dead trees seen in 1996 throughout most of the die-off area, There have been changes in the structure of these plots, since the project began, but there have been no major die backs. Large trees have fallen but they are being replaced by new growth. Mangroves in Plots 8, 9, and 10 were probably damaged by Hurricane Wilma. Numerous large blacks fell throughout the forest during Wilma which crossed the project site, on October 24, 2005, after the 2005 survey was completed. A crew was sent into the forest in early November 2005 to inspect and clear all of the flushing cuts throughout the project. Discussion Annual rainfall amounts from 1996 through October 2002 have been less than the exceptionally heavy rains of 1995 when many large and small trees died. This factor alone probably contributed greatly to the start of the recovery process seen during 1997 and which apparently continues through 2002. In 2003 rainfall exceeded, by several inches, most of the previous years yet the mangroves within the Strand impacted area continue to thrive. This success in survival throughout the wet season is undoubtedly due to the construction and maintenance of the flushing cuts throughout this area. Rainfall in 2004, despite the hurricanes which passed the project area, was less (through October) than the previous years. Since the forest floor within the entire forest is virtually level the success in forest regeneration that we have seen near the Strand is due to the network of small flushing cuts that have been dug throughout most of this area. Each channel, due to the level topography, can only drain a small zone. It is within these narrow zones, on each side of most channels, where mangroves have recruited successfully and which continue to grow. Two large areas, east of the main North South channel, where flushing cut networks have not yet been dug remain stressed with little sign of recovery. Flushing cuts will be dug in these areas within the next 2 or 3 years. The dense growth of mangroves in and around Plots 1 and 3 contain a mixture of reds, black and white mangroves. At present the white mangroves are most abundant but this seems to be a pattern typical of natural recruitment of mangroves in similar areas throughout the Clam Bay area. Casual observations on small areas that have been damaged by lightening 161C15 13 strikes show that the first mangroves to recruit to the openings are usually whites. Eventually these are out competed and replaced by blacks and or reds, During 1999 Balis maritima died out over much of the forest floor. By October 2001 it recovered again across most of the forest floor and within the boundaries of most of the LES monitoring plots. Presumably the 1999 die-off was due to the large amount of rainfall in this area as recorded at the Pelican Bay Golf Course during September 1999. Direct rainfall and heavy runoff from upland developed areas around Clam Bay presumably combined to hold water levels above the tolerance levels of Balis. LES staff has witnessed water flowing, from the sprinkler systems on the condominium grounds, across the Strand road into the mangrove forests. The control plots (9, 10, and II), and Plot 8, due to shading from an intact mangrove canopy, were never covered by Balis. After the flushing channels were dug in the main die-off area, to the east of the Strand, Balis quickly recovered. Due to the change to a once per year monitoring schedule we cannot accurately chronicle how quickly Batis responded to the changes in hydrology brought about by the new channels. Batis continues, in 2005, to flourish in the plots that are not shaded by dense tree growth. Prior to the construction of the flushing cuts LES staff established their locations by looking for very wet low spots, These spots were marked with flagged stakes. This was done during the dry season when the die-off area was otherwise dried out. The wet spots (and very soft spots) presumably represented the lowest elevations within the forest. Most of the wet spots were devoid of any trace of plant growth. Following the walking survey a network of small channels were marked and later dug by a crew from Floraquatics, Inc. Some of these low spots were adjacent to the Riley experimental plots. We attempted to avoid those areas. New flushing cuts were dug during the summers of 2004 and 2005. Maintenance of these cuts is normally done before the wet season begins and after storm events. The rearrangement of the mangrove results into areas with and without flushing channels was done to emphasize the impact and effectiveness of the flushing channels. Those plots adjacent to old channels (Plots 1,3,4 ,and 8) support the best growth of mangroves, mangroves, in plots 2 and 6, adjacent to new channels dug in the summer of 2004 have not had time to respond to improved tidal flushing, and plots 5 and 7(not near flushing channels) do not support sustained mangrove growth. Many new channels will be dug throughout the main die-off area during the dry season of 2005. It will be interesting to observe the forest's response to this network of small flushing cuts. The count and mean height (in feet) of trees 6 feet and above in each of the plots (Table 1) demonstrates that the control plots (Plots 9, 10, and II) are dominated by fewer but more large trees. Hurricane Wilma (Figures 3a and 3b) seems to have knocked over many large trees in the forest. These photos were taken about one week post Wilma. Some of the monitoring plots were visited.. .not all of the tall trees were down but there was major damage throughout the entire project. Floraquatics, Inc. 16 I C 15 ". 14 crews cleared downed trees and branches from the flushing cuts and the forest floor around the Strand seemed dry compared to the conditions during the 2005 survey. Table 1 Mangrove counts and mean heights of trees greater than or equal to 6 feet (September/October 2005 survey). White Black Red Plot count mean count mean count mean 1 96 11.4 3 7,0 16 8,1 2 1 6.4 0 0 3 104 8,2 2 9.8 0 4 26 31 11,6 10 8,0 5 0 0 0 6 1 6.0 2 6.6 0 7 1 6,0 1 6.3 3 9.4 8 15 15.0 5 21.3 7 17.8 9 6 9.6 6 20,8 0 10 7 7.3 7 14.4 36 9.3 11 0 5 25.0 17 20.8 161C15 Figure 3a. Black mangrove fallen over Oushing cut. 16 Ie 15 16 Figure 3b. Uprooted black mangrove root mass. 161C15 17 Literature Cited Collier County Environmental Services Division, 1994. Clam Bay Natural Resources Protection Area (NRPA) (Draft), Publication Series NR-SP-94- I. 92pp. Hatcher, M. 1996. Clam Bay, Collier County Natural Resources Department. Six page memorandum date May I, 1996. Lewis Environmental Services, lnc. 1997a, Clam Bay Restoration Project, Report Number I, February 1997, Time Zero Monitoring. LES, lnc, Tampa and Summerland Key, Florida Lewis expect the recovery process to continue. Environmental Services, Inc, 1997b. Clam Bay Restoration Project, Report Number 2, November 20, 1997. Time Zero plus I Year Monitoring. LES, Inc. Tampa and Summerland Key, Fiorida, Lewis Environmental Services, lnc. 1999. Clam Bay Restoration Project, Report Number 3, March 11, 1999. Time Zero plus 2 Year Monitoring, LES, lnc, Tampa, Florida. Rhem, A.E. 1974. A study of the marine algae epiphytic on the prop roots of Rhizophora mangle, L., from Tampa Bay to Key Largo, Florida. Ph.D. thesis, University of South Florida, Tampa, Florida. Tropical Biolndustries Company and Gee and Jenson, Engineers-Architects-Planners, Inc, 1978. Carbon flows in portions of the Clam Pass estuarine system, Collier County, Florida. Yarbro, L.A., P.R. Carlson, S. Brinton, T. Armentano, J. Absten and D. Smith. 1994. Mangrove mortality in Florida Bay. Abstract. Society of Wetland Scientists meeting, May 30-June 3, 1994, Portland, OR. I p, 161 CI5 18 Appendix A. Monitoring well data. Appendix A, Table 1. Monitoring Well Data - October 2001 Oct-Ol Plot # Well # Inside Well Elevations NGVD adjusted Salinity Depth top bottom water depth in wells 1 1 25 18.25 2.67 0.17 1.69 2 24 20 2.5 0 1.67 3 25 16.5 2.5 0 1.38 2 4 28 8.5 2.58 0.08 0.79 5 28 14 2.56 0.06 1.23 6 22 16,75 2,62 0.12 1.52 3 7 35 10.75 2.55 0.05 0.95 8 30 13.5 2.61 0.11 1.24 9 38 16.25 2.54 0.04 1.39 4 10 25 7 2.71 0,21 0.79 11 28 1.5 2,69 0.19 0.32 12 dry dry 3,08 0.58 dry 5 and 7 13 32 17.5 2.7 0,2 1.66 14 38 12 2.66 0,16 1.16 15 36 18 2.64 0.14 1.64 6 16 35 14.5 2.61 0.11 1.32 17 32 18.25 2,65 0.15 1.67 18 41 12,25 8 19 26 9.5 2.5 0 0.79 20 28 19.5 2.57 0,07 1,70 21 26 7,5 2,71 0.21 0.84 Impacted Plot Averages: 30.1 13.6 1.25 9 22 28 8.25 NA 23 28 4.5 NA 24 34 15.25 NA 10 25 37 17.25 NA 26 31 17 NA 27 33 19.5 NA 11 28 27 19 NA 29 27 16.25 NA 30 Control Plot Averages: 30,625 14.625 161 CI5 19 Appendix A. Table 2. Monitoring Well Data - October 2002 Oct-02 Plot # Well # Inside NGVD adjusted Salinity Depth top bottom water depth in wells 1 1 22 10 2,67 0.17 1.00 2 18 19 2.5 0 1.58 3 22 18 2.5 0 1.50 2 4 26 17 2.58 0.08 1.50 5 20 19 2.56 0.06 1.64 6 25 18 2.62 0.12 1.62 3 7 36 19.5 2.55 0,05 1.68 8 28 22 2,61 0.11 1,94 9 23 21 2,54 0,04 1,79 4 10 30 19 2,71 0.21 1.79 11 30 16 2.69 0,19 1,52 12 31 9 3,08 0.58 1.33 5 and 7 13 28 18 2.7 0.2 1.70 14 30 16.5 2.66 0,16 1,54 15 30 20 2.64 0,14 1,81 6 16 26 12 2.61 0.11 1.11 17 37 18 2.65 0.15 1.65 18 32 16 NA 8 19 24 18 2.5 0 1.50 20 29 19 2.57 0.07 1.65 21 28 19 2.71 0.21 1.79 Impacted plot Averages: 27.38095 17.333333 1.58 9 22 27 15 NA 23 30 14 NA 24 28 15 NA 10 25 33 16 NA 26 30 14.5 NA 27 28 15 NA 11 28 36 19.5 NA 29 28 22 NA 30 23 21 NA Control plot averages: 29.22222 16.888889 161 C 15 20 Appendix A. Table 2. Monitoring Well Data -August 2003 37530.00 Plot # Well # Inside NGVD adjusted Salinity Depth top bottom water depth in wells 1.00 1.00 lost well xxx 2.67 0.17 xxx 2.00 20.00 16.00 2.50 0.00 1.33 3.00 lost well xxx 2.50 0.00 xxx 2.00 4.00 28.00 15.00 2.58 0.08 1.33 5.00 23.00 12.00 2.56 0.06 1.06 6.00 25.00 16.00 2.62 0.12 1.45 3.00 7.00 22.00 14.00 2.55 0.05 1.22 8.00 25.00 13.00 2.61 0.11 1.19 9.00 24.00 16.00 2.54 0.04 1.37 4.00 10.00 lost well 2.71 0.21 0.21 11.00 26.00 15.50 2.69 0.19 1.48 12.00 lost well xxx 3.08 0.58 xxx 5 and 7 13.00 38.00 21.00 2.70 0.20 1.95 14.00 40.00 18.00 2.66 0.16 1.66 15.00 45.00 15.00 2.64 0.14 1.39 6.00 16.00 36.00 17.00 2.61 0.11 1.53 17.00 44.00 14.00 2.65 0.15 1.32 18.00 44.00 14.50 NA 8.00 19.00 26.00 18.00 2.50 0.00 1.50 20.00 32.00 15.00 2.57 0.07 1.32 21.00 24.00 15.00 2.71 0.21 1.46 Impacted plot Averages: 1.34 9 23.00 14.50 15 NA 26.00 13.00 14 NA 33.00 14.50 15 NA 10 22.00 13.50 16 NA 30.00 14.50 14.5 NA 26.00 16.00 15 NA 11 27.00 18.00 19.5 NA 24.00 14.00 22 NA lost well xxx NA xxx Control plot averages: 14.75 16.375 16' lr15 21 Appendix A. Table 2. Monitoring Well Data -September 2004 37530.00 Plot # Well # Inside NGVD adjusted Salinity Depth top bottom water depth in wells 1.00 1.00 20.00 nt 2.67 0.17 nt 2.00 24.00 nt 2.50 0.00 nt 3.00 20.00 nt 2.50 0.00 nt 2.00 4.00 26.00 14.00 2.58 0.08 1.17 5.00 25.00 14.50 2.56 0.06 1.21 6.00 22.00 15.00 2.62 0.12 1.26 3.00 7.00 20.00 14.50 2.55 0.05 1.21 8.00 24.00 13.00 2.61 0.11 1.09 9.00 26.00 14.00 2.54 0.04 1.17 4.00 10.00 25.00 14.00 2.71 0.21 1.18 11.00 22.00 15.50 2.69 0.19 1.31 12.00 13.00 10.00 3.08 0.58 0.88 5 and 7 13.00 30.00 16.50 2.70 0.20 1.39 14.00 28.00 17.00 2.66 0.16 1.43 15.00 25.00 17.50 2.64 0.14 1.47 6.00 16.00 24.00 15.00 2.61 0.11 1.26 17.00 26.00 10.00 2.65 0.15 0.85 18.00 23.00 15.00 NA 8.00 19.00 25.00 17.00 2.50 0.00 1.42 20.00 28.00 16.50 2.57 0.07 1.38 21.00 25.00 11.50 2.71 0.21 0.98 Impacted plot Averages: 23.86 2.63 0.13 1.22 9 22.00 29.00 16.50 NA 23.00 34.00 17.00 NA 24.00 24.00 13.00 NA 10 25.00 25.00 15.00 NA 26.00 27.00 14.50 NA 27.00 24.00 15.00 NA 11 28.00 30.00 14.00 NA 29.00 24.00 14.50 NA 30.00 28.00 11.00 NA xxx Control plot averages: 27.22222 14.5 161C15 22 Appendix A. Table 2. Monitoring Well Data -Sept/October 2005 Plot # Well # Inside NGVD adjusted Salinity Depth top bottom water depth in wells 1.00 1.00 13.00 17.00 2.67 0.17 1.43 2.00 20.00 15.50 2.50 0.00 1.29 3.00 7.00 19.00 2.50 0.00 1.58 2.00 4.00 14.00 16.68 2.58 0.08 1.40 5.00 18.00 15.60 2.56 0.06 1.31 6.00 18.00 15.00 2.62 0.12 1.26 3.00 7.00 6.00 19.50 2.55 0.05 1.63 8.00 6.00 20.00 2.61 0.11 1.68 9.00 16.00 17.00 2.54 0.04 1.42 4.00 10.00 25.00 18.00 2.71 0.21 1.52 11.00 17.00 16.00 2.69 0.19 1.35 12.00 17.00 13.50 3.08 0.58 1.17 5 and 7 13.00 29.00 17.50 2.70 0.20 1.48 14.00 16.00 17.00 2.66 0.16 1.43 15.00 10.00 20.00 2.64 0.14 1.68 6.00 24.00 18.00 15.00 2.61 0.11 1.26 25.00 14.50 10.00 2.65 0.15 0.85 30.00 17.00 15.00 NA 8.00 20.00 20.00 17.00 2.50 0.00 1.42 22.00 19.00 16.50 2.57 0.07 1.38 20.00 17.00 11.50 2.71 0.21 0.98 average 16.07 2.63 0.13 1.37 9 22.00 20.00 19.00 NA 23.00 14.00 18.50 NA 24.00 20.00 15.50 NA 10 25.00 lost 26.00 lost 27.00 lost 11 28.00 28.00 18.00 NA 29.00 14.00 17.00 NA 30.00 28.00 16.00 NA xxx average 20.66667 17.333333 161 C~15 Appendix B. Batis cover and Mangrove size class distributions. 23 80 - Gl > 0 0 - 60 c Gl U - Gl D. 40 161C15 24 Batis cover 1999 through 2005 :.1/29/1999 1_2126/19991 OS/27/1999 . 07/30/1999 I . 11/30/1999, .4/19/2000 : i.8/25/20oo 011/24/2001 _ 10/1 0/2002 _ 8/28/2003 08/11/2004 I C 10/11/2~~5i 120 100 20 o 2 3 6 8 4 5 7 Plot 140 . 120 100 (; Q. N 80 E 0 0 ~ ;:. 60 C :> 0 l) 40 20 --- 2 3 161 Plot 1 Red mangroves October 2005 - . - - ._~---------- 4 6 5 7 B 9 10 11 height (fl.) Plot 1 Black Mangroves October 2005 ~-,_._..__._.__.-._.------- ---"- 3 4 5 6 7 height (fl.) 12 cI5 25 8 Plot 1 White Mangroves October 2005 20 18 16 14 (; 1i. 12 NE g 10 ~ ;:. 5 8 o l) :-~L~l 161 C15 26 i I I i I i Il--..~. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) (; 4 'Q. NE :5 3 ~ ;:. c :> 8 2 (; 'Q.5 NE :5 4 ~ ;:. c 5 3 u 16 I CIS 27 Plot 2 Red Mangoves September 2005 6 5 o ,-----, ,-------,-.-..-.--,-------,-...--,--'.-,-------,--.- -..------,--.....-,-----....,-..--.- --.- ---T-.---.J 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 height (fl.) Plot 2 Black Mangroves September 2005 8 7 6 2 o -,------------.-----..-,-------,-------...--,.. ----,-----,~-----,---.------------, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) 50 45 40 35 (; ('<jD. 30 E 0 25 0 ~ ;:. c 20 :> 0 u 15 10 5 0 161 C 15 28 Plot 2 White mangroves September 2005 1~.T.r~~T.r~_~~_. m'T'~~~' . - ----,-----..-..,. ...-.------,----.....,---...-' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) 35 30 25 (; 'Q. N 20 E :5 ~ - 15 - c :> 0 u 10 5 0 (; 'Q. N 1.5 E o o ~ ;:. c :> o u 2.5 2 0.5 o ..JtI 161 C IS 29 Plot 3 White mangroves October 2005 L_~ ~I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) Plot 3 Red mangroves October 2005 ~.~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height(fl) 1.2 (; 0.8 'Q. E 0 0.6 0 ~ - C ::l 0 0.4 u 0.2 0 16' C~15 Plot 3 Black mangrove October 2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) 30 161cI5 31 Plot 4 Red mangroves October 2005 100 10198 90 80 1; 70 Q. "E 60 '" 50 '" ~ - C 40 ~ 0 l) 30 20 10 0 50 40 (; 0. 30 NE :5 ~ ;:. 5 20 o u 10 o 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) Plot 4 Black mangroves October 2005 101212 L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) (; NO. 36 E :5 ~ - 1: 24 :> o u 161C15 32 Plot 4 White mangroves October 2005 60 +-- to 173 48 12 o ~c..,R.l11.., l,.l.~_. .,:--..--.--,--......----,-----,--.---,-----,--~--~--,---,-----,------' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) 5 4 (; 'Q. NE 3 o o ~ - 'E 2 :> o u o - o 'Q. 10 NE :5 8 ~ - - 5 6 o u J_I,n~.~_ 161C15 ...... 33 Plot 5 Red mangroves September 2005 - , --- ----..------ - ----T--.. ,--- ---r--~---..- .. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) 16 14 12 4 2 o Plot 5 Black mangroves September 2005 J-,~~--- --,~- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) 16 14 12 (; 'Q. 10 NE :5 8 ~ - 'E 5 6 u 16' C 15 34 Plot 5 White mangroves September 2005 4 2 o ~LJ~T'_~ _~~__._.~ I . .,.------r---~.--r-_,___j 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) 161C 15 35 Plot 6 Red mangroves September 2005 6 5 (; 4 'Q. NE o o 3 ~ - - C ::l 8 2 ~_~I r-- '--~- .,'___m_,_____ ____ '",-___,__"___, ___,--_,.."_-,___"____-,_____.~__..~____,__.- __-,-----_.J 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) Plot 6 Black mangroves September 2005 4.5 4 3.5 - 0 3 'Q. N E 2.5 0 0 ~ - 2. E :> 0 1.5 0 0.5 o ;-------.,.------,-------.-:-------,------.------,-,.-~-;_______r 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) (; 4 'Q. NE :5 3 ~ ;:. c :> 8 2 16/C15 36 Plot 6 White Mangroves September 2005 6 5 o , , - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) 50 45 40 (; 35 'Q. N 30 E 0 25 0 ~ - E 20 :> 0 u 15 10 5 0 (; 0.8 'Q. N E 8 0.6 ~ - - c :> 0 0.4 u 0.2 0 161C 15 37 Plot 7 Red mangroves September 2005 IJ___~__ r..'.'....,.-~.-----,-.--.- -T-'-''''''---'--~-,--''--- -- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) Plot 7 Black mangroves September 2005 1.2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) 1.2 (; 0.8 'Q. N E :5 0.6 ~ , - c :> 0 0.4 u 0.2 161C15 ,- 38 Plot 7 Black mangroves September 2005 o ------,- ----,-.-"---T----...T-~-....--._,_-....'_r---,-.-.-.---- ---,--- - -----T------.., 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 height (fl.) 100 90 80 (; 70 Q. N 60 E 0 50 0 ~ - - 40 c :> 0 u 30 20 10 0 161CI5 39 Plot 8 Red mangroves September 2005 +-10303 11J~,lLc .,.-.__,.~....~~__~~.~.J 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) Plot 8 Black mangroves September 2005 50 10519 40 (; Q. N 30 E :5 ~ - - 20 c :> 0 l) 10 o I I ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 heighl(fl.) (; Q. 30 NE o o ~ - - 5 20 o u 50 10115 40 10 o J1Li~..~. 161 CI5 40 Plot 8 White mangroves September 2005 'H ,-----,----,-__~.._..,- --,----,----T--- ,-~~Il,- -cJIL,~ '~c~--I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) 50 45 40 (; 35 Q. N 30 E :5 25 ~ - - 20 c :> 0 u 15 10 5 0 35 30 25 (; Q. N 20 E :5 ~ - 15 E :> 0 u 10 5 0 16' C 15 41 Plot 9 Red mangroves September 2005 JL~~I~---~_-~--~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) Plot 9 Black mangroves September 2005 iii lEI L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) (; Q. CIIE 40 :5 ~ ::: 30 c :> o u 161 G 15 42 Plot 9 White mangroves September 2005 70 60 50 20 i i I - 10 . 1._.~L~.,.__c r o 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) 140 120 100 (; ii. N 80 E 0 0 ~ - 60 - c :> 0 l) 40 30 27 24 21 (; ,:.:a 18 E :s 15 :c: - 5 12 o u 9 o 20 o J. -.-rB,aJ - 16/ CIS 43 Plot 10 Red Mangroves September 2005 I Ell .-.,I, ----,--,--------..---,.----,--'-,'~.T-_____,____,..---T-_________r---.-~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) ....t087 6 3 Plot 10 Black mangroves September 2005 , L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) - 35 0 Q. N 30 E 0 25 0 ~ ~ E 20 :> 0 u 15 10 5 0 50 45 40 16' C 15 44 Plot 10 White mangroves September 2005 .IJ,I.lJ'CJliL..,_, ~~""',_...,~~.~-~.. ~'C~~~~"-,~~' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) 161C15 45 Plot 11 Red mangroves September 2005 50 45 40 (; 35 C. '" 30 E 0 25 0 ~ - - 20 c :> 0 l) 15 10 5 0 to 606 ,._ll._~.... ....... ,....,.JIIL--~.lc......_~ "-..._,._.~ T I I I I ~JJ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) Plot 11 Black mangroves September 2005 35 30 5 ~ I 25 (; Q. NE 20 8 ~ :: 15 c :> o l) 10 o 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (II.) 50 45 40 (; 35 Q. N 30 E 0 25 0 ~ - - 20 c :> 0 l) 15 10 5 0 161 CI5 46 Plot 11 White mangroves September 2005 +-10332 T..I~IIl'--T~-'T'..r-~--~~'~T-'T~'~'~ I I -----,---,---r-~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 height (fl.) 161CI5 Appendix C. Monitoring Plot Photographs September or October 2005. 47 161 CI5 48 161 C 15 49 Figure 2. Plot 2, September 2005 Figure 3. Plot 3, October 2005 161 G 15 50 Figure 4. Plot 4, October 2005. Figure 5. Plot 5, September 2005. 161 Figure 6. Plot 6, September 2005 CIS 51 Figure 8. Plot 8. September 2005. 161 G 1~ Figure 9. Plot 9 (control), September 2005. 16/CI5 , ;j" .' I. f "~~"V 1 ." -'~ I:," .,~. " .- ,0. .~...~.~: ~,/ ",!"~... ",~; ,,- ,. '!II"',?- .;.? ",iIf'~ :~ . ~l; ,)~.. ~.":.:; ,~ ..,' .. '-'r "- r - ~,"'- " "'" ~,.:-? ,...: ". " ,~,. ~".~.;;;.:..- I' :.. - ~..., \.' "f i. ~~" '..:_' "j \ A 4',' .. ,;L" ...'. , ,,.... -,' PO""",';:'~ ,..' ,.;,~~r~, -.-~~~.-...';~' ;;'..,~<;. p"~..:. " 'i~~:,.:~;;, ~;l ,., \ . ..~' " }> ~~i::~"~i{~-:::":\{ \'it"'1o' , '-z,-~ -';".L.:.4>.~.:.~l+'" ...~~ ,.;.';..~.;} ,t".... " ..;c' .'"' . "',' .,,<:- , ~ ..'\'11' l~ ,...... '.."j; ";..~ ,,~' ,..,.: ,~ ',.r', I D' '."',,, ""I ' '" . . '!j17,... ;1" 'I ~ . ."" ;" t " 'Ii~.'.j" ....6.,., -\. .. "...'. \ ",:a..:J'::I. .. /,' ,'," ..:-"..,c" .' 'W""" .' " ;, \' .. -;I,~EZ"", ...:,:. ,'..' .,.,.:~,It;"\ri;:.' ' "1'~"'.\!'.'. ' ..lo.....'" 1'." ~ .... '. !1'" ,.. .~~ ~, " ~ ....~4 _~ 1")..,""'" 010-, ~ ... . . .~. f.....'. , ~ ~~,., '.' ~l...~ .' ..' ~ ~"'-. ,,:..I: '4"...," ,::., ,..1 /t~ P . ." .' -. ' ':h:' .r~.' . ,:'\ ~ ';....;( f~~.;&:V~ ,~... i~." ~,..:.~:: J, --( '1'/tl:. .'c-;}' 'I'r.:t ,.>.;,].,-' "'':'''. ~/,,<l~. .~. ,;.,,:..t!:, , . '."~' . ."It;,,, ,,:1.... ".'~' '""'i,r.. " .. A~' -, ,,~ '''4 ; ~ /' \ .\ \r \ ,\ ,~.~ 1~;:; .~ ~ ~: ~~ \ "... 'soor ~aqw"ld"S '(IOJuoa) n lOld 'n ;},1011,,,, .., , r' ... . '>:- ,f' .... 4 ~ ',., .., ." , ".... , .' - ..' , " ~ .... ~,'- t . ,.:'."''':.' ....)" \' ..' .t,. '- ~t""'\ " . ~." '" 4' ", ,~ ......" ,"1.:...... .... ':. \ "".Af_, ( ,_ "..~<-- I't ; . "..., , \ j'" ~. 4I!#.: ~ Al,""~ ,'~~'-- -- '.-r- -. f.. ;;.;--..,. "... '".;,'.6- " .- .,.' " ,-ft/' . .. ,....~,..,~. J/i' />< ,..' ,. _, '. " .":":~""\~4' ~,.,'r," .'~' 'j" ":". ,~~' ;; ":''"',( .;.;, ".' _ ,po _ .',"," \,; ? .u;,,' -. . y ',," .. '. .".-!!..../~ Y'c" ., --' .........,,' ,~. .. . ~:'. '. >.' '.'.,. 1!".~.-.i,Il;;.'" 'f ." r~.i~. :'.';} ~... ':!f.....':;'1<;;>;...'. ~'" .~I..~,~.'~ ~ t.,/'..., )~ i""". ," .""., 'k, . . .", . '...... .., ',' ~ .I',,' ',~ .,Ii".' ',' ...../ .,..",1. '. ,...' ,.. 1'/ 't' ,.!it! " '. ..,.t'., , .... ~." ~~:J:t"t':;!JV~?, :...,~. \ , .' ~ ./~ ,~<-.:..~ /:"':';:"'. :,:,' ;. ""'!':.',:f,:' .~u ::~', ,'. .'.'.":' ...,.~:.~.,.,."~.;!:-'->...c .';...~..' .:'." .'. ..~,~./ j,' . \ - .;.. ,';:~f~~' ." /'i, /1, -:'~. ,f 4~'''' ,:., ~~. '--, I".' .~~. .n, . ~. ' I -, " , ,'.. >~ 1~.; ,.J.." '.'...,.....' .. \."''i:-j '..;/;!~ " . ,)I.. '," ,) ';..<<-~.' -,,:.;,' ~''i~;''f:- > ',~~ " (~~:'^ .' fS 'soor ~.qw.ldas '(IO~JUo') Ollold 'or a~nll!" 161 C15 , CLAM PASS RESTORATION AND MANAGEMENT PLAN BATHYMETRIC MONITORING REPORT NO.6 Including Interior Bay Dredge Cuts and Tidal Data Submitted to: Florida Department of Environmental Protection DEP File No. 01284163-001-JC Submitted by: Pelican Bay Services Division, Collier County Prepared by: Humiston & Moore Engineers HM File No. 9-068113-078 NOVEMBER 2005 MllioOffice: 5679 Strand Cow1: Naples, FL 34110 Phone 239 594 2021 Fax 239 594 2025 e-mail : 1[;;lIl~!jllllnbl.II!.l)Idi..I..~!)I..:..!!11i [BBl. HUMIS'IUN IV MOOUE ENGlNEEI{S ,~ " .. .:.:0....:>1... t-IM .~"....,,'''>'" "HDI'H.Mqr\~G East Coast Office: 805 East Hillsboro, #103 Deerfield Beach. FL 33441 Phone 954 428 2550 Fax 954 428 4733 web site: \'.'~'W 1"iHll:,tIH;;,n;jIWHlIi (;.11[1 161 C 15 CLAM PASS BATHYMETRIC MONITORING REPORT NO.6 Including Interior Bay Dredge Cuts and Tidal Data CONTENTS 1. Summary ......................................................................................1 2. Introduction..................... ..................... ........................................2 3. Inlet Monitoring ............................................................................2 4. Inlet Cross Sections .....................................................................5 5. Interior Channels........................................................................12 6. Tidal Study .................................................................................12 7. Beach Profiles ............................................................................17 8. Conclusions and Recommendations..........................................21 9. References. ...... ..... ............ ............ ... ........ ........... ............. ..........24 LIST OF TABLES 1. Average Cross Sectional Areas - Cut #4 ....................................7 LIST OF FIGURES 1. Clam Bay Site Plan ...................................................................... 3 2. Clam Pass Inlet Cross Section Site Plan ......................................4 3. Clam Pass Dredge Cut #4 ............................................................6 4. Average Cross Section of Flow in Cut #4 Segments ....................8 5. Cumulative Shoaling in Cut #4 Segments.....................................9 6. High Tide Phase Lag...................................................................14 7. Low Tide Phase Lag ...................................................................15 8. Clam Bay Tidal Range ................................................................16 9. Shoreline Position Relative to DEP Monument...........................18 10. Shoreline Change R,38 to R-44, 1999-2005...............................19 11. Shoreline Change Rates R-38 to R-44, 1999-2005....................20 APPENDICES A. Cut #4, Aerial, Plan View and Cross Sectional Data, Flow Data B. Segmented Cross Sectional Areas of Flow for Segment A, Band C in Cut #4 C. Beach Profiles 161C15 CLAM PASS RESTORATION AND MANAGEMENT PLAN BATHYMETRIC MONITORING REPORT NO.6 November, 2005 1. Summary The Clam Pass Restoration and Management Plan was implemented in 1999 to improve flushing of the Clam Bay System and mangrove preserve. Additionally, the flood tidal shoal and some of the interior waterways were dredged at the same time to improve the hydraulic efficiency of the inlet and increase the tidal prism. The improved tidal prism means more water goes in and out of Clam Pass on each tidal cycle and this larger volume of water generates stronger currents in the inlet which help to keep the inlet open and maintain the flushing improvements. Since the 1999 dredging, annual monitoring data has continually shown that implementation of the dredging element of the Clam Bay Restoration and Management Plan has significantly improved tidal exchange throughout the bay system. The maintenance dredging of the flood shoals in January 2002 was shown to be beneficial to maintaining the improved tidal prism. Six years after the initial dredging in 1999 and nearly four years after the maintenance dredging of the flood shoals in 2002, monitoring data show the average cross sectional flow area through the inlet remains at more than twice the cross sectional area prior to the 1999 dredging. Additionally, the tidal ranges and phase lags continue to show that the bay system is flushing more effectively than prior to the 1999 dredging. The 2005 average cross sectional area is, however, nearing the conditions which existed prior to the maintenance dredging which was completed in 2002. Although the tidal data show that flows through the inlet are still significantly stronger than the pre-1999 conditions and may be sufficient to maintain flushing to the bay for the time being, there are indications that the flow through the inlet has diminished somewhat since the 2002 dredging. In order to reduce the potential for tidal exchange becoming diminished to the point where flushing might be inadequate, planning for the next maintenance dredging event is recommended. There has been recent discussion about Collier County expanding the dredging to include the ebb shoal for the purpose of obtaining additional sand for nourishment of the Clam Pass Park beach. This approach would provide immediate relief to the erosion problem on the park beach, however. it may also have long term consequences that should be carefully considered because a common impact from dredging inlet ebb shoals is increased erosion of adjacent beaches. It is recommended that if plans are developed for dredging the ebb shoal, those plans should include a contingency for addressing impacts that might occur. A DEP permit would be required for this activity and it is likely that a contingency plan would be included as a condition the permit if such a permit is issued. If a plan to dredge the shoal is to be implemented within the next year, maintenance dredging of the inlet in 2005/2006 under the current management plan is probably not necessary. It is not anticipated that dredging of the ebb shoal will have any adverse effect on the flushing of Clam Bay or on the mangrove communities in the Clam Bay system. 161 cI5 2, Introduction This report was prepared to fulfill the requirements of DEP permit 0128463-001-JC and presents the eighth set of monitoring data collected following implementation of the dredging element of the Clam Bay Restoration and Management Plan in April 1999. Previous monitoring of Clam Pass dredging has been reported in "Clam Pass Bathymetric Monitoring Reports" numbered 1 through 5 which document dredging events and rates of shoaling in Clam Pass in fulfillment of Florida Department of Environmental Protection Special Permit Condition 10 contained in Permit No. 112659015. Due to the dynamic nature of Clam Pass and the importance of maintaining the tidal flow to the Clam Bay system, Collier County had dredged Clam Pass in the spring of every year from 1995, to 1999. The dates and permit references under which dredging had been conducted from 1995 to 1999 are presented in earlier monitoring reports. In 1999, the pass was dredged under JCP permit 0128463-001-JC, as part of the implementation of the Clam Bay Restoration and Management Plan, which included dredging portions of the flood shoals and inner channels to improve the hydraulic stability of the inlet and reduce f1ow- restrictions to and from Upper Clam Bay and Inner Clam Bay. The most recent dredging of Clam Pass was completed in January 2002. as maintenance dredging under the same permit. This report presents the results of the June 2005 monitoring of the inlet. This report does not cover the interior waterways of Upper Clam Bay and Inner Clam Bay, which were not surveyed as part of this annual monitoring. These inner channels have been covered by previous monitoring reports. and will be surveyed again under the 2006 monitoring. This report does include evaluation of the hydraulic performance of the inner channels based on tidal data. Figure 1 is a location map of the study area, which shows the locations of the four dredge cuts of 1999, the locations of the beach profiles surveyed at the DEP reference monuments. and the locations of the tide gages. 3. Inlet Monitoring Figure 2 presents the scope of a portion of the inlet cross section survey plan for cut #4. The locations of the control points and the azimuths of these cross section lines are presented in the table included on Figure 2. The cross section locations in the table on Figure 2 are listed in order from west to east. These survey stations coincide with monitoring stations used prior to the 1999 dredging. Figure 2 also shows the approximate channel alignment as defined by the National Geodetic Vertical Datum (NGVD) 0.0' contour for the October 1998, May 2004, and June 2005 surveys. Historically there has been a tendency toward northward migration of the outer channel. This is an indication of littoral transport at times being toward the north. Although this is contrary to what has often been reported as a predominant net southward transport for the Collier County coastline, it is not uncommon for net transport reversals to occur in areas such as this where the north and south transport components are similar in magnitude. 2 HM .- HUMISTON t!I MOORE ENGINEER' FOR: COLLIER COUNTY CO"", DATE: 11 21 05 ILE: SITEPLAN UIGIHElII:Sr4G I1H G"l """'f(RMlTTltlG JOB:13078 ATU~: NONE PLAN 5679 STRAND COURT NAPLES. FL 3~110 FAX: (239) S94-2D25 PHONE: (239) 594~2021 www.humistonondmoore.com SCALE: 1. 1500' FIGURE: 1 3 SOUTH END Of PELICAN BAY I~ SOUTH BEACH fACILITY ~ , .... ~ .. .... . "" 0 z '\j, 0 ''1(, U X w ~ CLAM "- "- PASS Ii 0 I \ "- ~~lnn' -' ::l c.:l IlAS[UNE o ., (, ., ., ., 0 ., 0 ., 0 ,..: 0 ... }~., ... ~ .... ., ... 0 ~ 0 <D + + + + + + + + + + + o 0 0 .... .... ~ ~ .. .. .. .. .. .. ~ .. .. .. ~ ~ in ~ ~ ~ ~ in ~ w w w w w w w w w 1 -75 0 ~-- -- Scale: 1" 75 150' BASELINE ST AnON NORTHING* EASTING* AZIMUTH 1 STA 0+00 686123.6 2311125.0 35S1'31 '28" STA 0+25 686123.SI 23Ui5O.0 35f1"31 '28" STA 0+50 686124.1 231875.0 359"31 '28" ST'" 0+75 616124.3 231700.0 35S1'31 '28" STA 1 +00 886124.5 231725.0 359"31'28" STA 1+25 588124.7 231750.0 3SSI'31 '28" STA 1 +50 8a6124.1 231775.0 351'31'28" 0 FT. NGVD ST... 1 +75 816125.1 231800.0 351'31'28" ST'" 2+37.5686125.6 232862.5 351'31'28" -.-.---.- 10/15/98 Pre-dredge ST... 3+00 888128.1 232925.0 351'31'28" STA 3+84.5 886126.7 231189.5 351'31'28" --- 05/17/04 60-month monitoring STA 4+10 6861".9 232037.6 35,.31'28" STA 4+60 686217.0 232054.6 3315'18'20" 06/14/05 73-month monitoring STA 5+10 686234.1 232131.6 336'18'20" STA 5+60 688251.2 232178.5 3315'18'20" . ST... 6+10 6862615.3 232225.5 338'18'20" 'IAS[LW[COOlIDIU,mlASEllotlMA01U7D4T\1l1l BASELINE LOCATION TABLE HM CLA~ BAY FOR: COLLIER COUNTY DATE:11 21 05 FILE:9068INLET JOB FlLE:13078 DATU~: NGVD 4 SCALE: 1 =150 FIGURE: 2 (0",,51AI U.GlftHIIINGDES,6h o 5679 STRAND COURT NAPLES, FL 34110 FAX: 239 594 2025 PHONE: 239 594 2021 . 150 , 16' c$~1~5 4. Inlet Cross Sections The channel cross section plots for Clam Pass and the flood shoal are presented in Appendix A. This includes stations 0+00 through 18+00 of Cut #4 which is the portion of Cut #4 subject to the most active shoaling. Figures A1 through A21 show the November 1999 post dredging survey, the May 2004 monitoring survey. and the June 2005 monitoring survey. Figure 3 illustrates the location of the monitoring stations. Clam pass is small inlet, in which sand transport is predominately wave induced rather than tidally induced. This contributes to the dynamic nature of the inlet. including the tendency of the inlet to migrate. The problem is amplified when large quantities of sand are deposited within the inlet during high frequency storms. The 1999 dredging of the inner flood shoals was designed to increase the amount of tidal flow and current velocities by allowing more water to flow in and out of the bays during each tidal exchange. The increased flow velocities scour more sand from the inlet which reduces maintenance dredging requirements. The inlet cross sectional flow area represents an important indication of the stability of the inlet. The most active region of cut #4, in terms of sand transport and shoaling, is divided into three segments to evaluate the general conditions of cross sectional area and shoaling, as defined below: Seament # A B C Station Limits 0+00 to 3+00 3+65 to 6+10 6+60 to 18+00 Segment A is the most active zone which includes the cut across the active beach profile. Segment B represents the seaward section of the flood shoal.. The channel is wider in segment C. which may be considered the inner portion of the flood shoal, and current velocities are therefore lower in this segment. The lower current velocities allow shoaling to occur here when sand is pulled into the inlet on flood tide. Segments A and C are typically where the most rapid shoaling occurs; A because it is closest to the littoral transport zone which provides the sand supply, and C because it has the lowest self scouring potential. In this analysis, the channel width is measured at 0 ft. NGVD and the cross sectional area is calculated from the area bound by the bottom profile and 0 ft. NGVD elevation. The 0 ft. NGVD contour is used as a common datum for shoreline positioning. For reference purposes, mean high water (MHW) for this area is +1.5 feet above NGVD, mean tide level is +0.5 feet above NGVD, and mean low water (MLW) is -0.5 feet below NGVD'. I The elevations of Mean High Water (MHW) and Mean Low Water (MLW) are based on DEP Special Report No. 87-2. Predicted Open Tidal Datums for the Florida Lower Gulf Coast. Balsillie. 1987. and discussions with the DEP Bureau of Survey and Mapping. 5 1-11 HIIMISTON f!I M(X>RE ENGINEER COAS1Al. Elt61NU"It,-,t:>H".. AHOI'\RMlIllHG FOR: COLLIER DATE: 11 21 JOB:13028 CLAM PASS DREDGE CUT COUNTY 05 ILE: SITEPLAN ATUM: NONE SCALE: 1" 200' FIGURE: 3 4 5679 STRAND COURT NAPLES. FL 34110 FAX: (239) S94-2025 PHONE: (239) 594-2021 www.humlstonondmoore.com 6 16' C 15 The cross sectional areas have been averaged within each segment for the surveys as shown in Table 1: Table 1 Average Cross Sectional Areas within Active Portion of Cut #4 Clam Pass Monitoring 1998 to 2005 Date of Description of Survey Avg. Area (ft") Avg. Area (It) Avg. Area (ft") Survev Seament A SeQment B SeQment C 10/1998 Pre-dredge 96 8S 66 04/1999 Post dredge 417 301 432 OS/2000 13.month monitoring 180 198 360 02/2001 21-month monitoring 185 205 no data 09/2001 Post Tropical Storm Gabrielle 298 243 312 12/2001 Pre-maintenance dredge 301 240 342 02/2002 Post maintenance dredge 296 399 no data 04/2002 36-month monitoring 276 317 558 06/2003 SO-month monitoring 177 186 537 11/2003 Post storm 270 212 510 OS/2004 60-month mon~oring 220 2S9 479 06/200S 74-month monitorinQ 1S6 215 332 Note: Monitoring time is in reference to the April 1 999 dredging. All three segments were dredged in 1999. Only segments Band C were dredged during the January 2002 maintenance dredging. Following the maintenance dredging in 2002, Segment A experienced shoaling in response to high wave energy. The shoaling took the form of a sand spit that grew across the inlet entrance from the south causing the inlet entrance to migrate north approximately 400 feet. Eventually a elevated storm tide opened up Segment A in October 2002. This is an example of how the increased tidal prism and stronger tidal flow resulting from the 1999 dredging has been effective in maintaining the average channel cross section above the pre.dredge condition in 1998. Based on the most recent monitoring of June 2005, the average cross sectional area in each of the three segments remains substantially above the 1999 pre.dredge condition. The average cross sectional areas are, however, near or beiow December 2001 pre-dredging areas. This is evident in Figure 4 which presents a time series plot of the average cross sectional areas from Table 1. A detailed listing of individual cross sectional areas for each station is presented in Appendix B. Another way to review the stability of the inlet system is to consider the amount of sand which is accumulating within each of the three segments. The volume of sand accumulated in each segment was calculated based on surveys conducted since the dredging of the inlet in April 1999. The results are presented in Figure 5, which represents the cumulative volumetric change within each segment. The volumetric change is presented as a total volume change measured across the entire surveyed station cross section, and therefore may actually be more than the total amount of sand accumulated within the dredge cut. In general, it would be expected that the total cumulative volume would be greater than that which accumulated within the more limited area between the dredge limits, which is apparent for Segment A in Figure 5. The reason the total cumulative volume is lower than the dredge cut volume for Segment C after the 2002 dredging is because the dredge actually excavated below the designated'dredging limits. 7 16 , C 1.5 - .......... - -..... .- ....... -- .- 600 T- ~r- ~ E: 500 ~ i' I I I <( .. 1M 400 I- '" .. Z z 300 / I J-+ t, .... 0 ::Ii ;:: 1 / / I ~, ~ u 200 / I ~ / I I ~-J/ .... 1M en ..__n._' Vl "- en en 100 0 '" u 0 1998 1999 2000 2001 2002 2003 2004 2005 2006 600 -I il I ~ E: 500 ~ I I~ I CD ~ 400 I- '" .. Z z 300 ;i~ I ''', I .... 0 ::Ii ;:: ~ u r I '''-'y/ / "- 1M 200 1/ " .... en Vl en en 100 0 '" u 0 1998 1999 2000 2001 2002 2003 2004 2005 2006 600 -I j-- -~I ~ E: 500 ~ .~ I :-~~ u ~ 400 ,- I- '" .. Z z 300 .... 0 ::Ii ti I I I I ~ 1M 200 .... en Vl en en 100 / 0 '" u 0 1998 1999 2000 2001 2002 2003 2004 2005 2006 FIGURE 4. AVERAGE CROSS SECTION AREA OF FLOW IN CUT #4 SEGMENTS 8 7000 6000 ~ 5000 >- (,) ~ 4000 .... :::E :3 3000 o > c z <( '" 2000 1000 o 1999 4000 ~ >- ~ 3000 .... :::E :J ...J o > c z <( '" 2000 1000 o -1000 -2000 1999 7000 6000 5000 4000 3000 ~ ~ 2000 ~ .... :::E :J ...J o 0 > c z <( '" 1000 -1000 2000 / /' "/ 2000 /' / / / T~ DREDGE 16'C15 ~~W~~+W / I I ~ / \\\ I I /// I \ II ':v 1/ \..1 I / I 2001 2002 2003 2005 2004 ..---,--. 2001 2003 2004 2005 2002 I I I I I I (~ J; / I / / // I / /~ --~_. I I I I I: I I / -/- -2000 I ~ TOTAL MMAnun_ _ _ CUT CUM.A1M VOI.UME -3000 -4000 -5000 -6000 -7000 1999 2000 2001 2002 2003 2005 2004 FIGURE 5. CUMULATIVE SH~ALlNG IN CUT #4 SEGMENTS 2006 2006 <( I- Z w ::E o w U1 (D I- Z w ::E o w U1 U I- Z w ::E o w U1 2006 16' Cf'15 The cumulative shoaling which has occurred since the 1999 dredging was summarized in previous reports and is reproduced below for convenience, because this describes how the increased tidal prism helps the inlet maintain itself, and how this process is affected by storm events. The summary below was updated to include the most recent monitoring interval: April 1999 to Mav 2000: Following the comprehensive dredging completed in April 1999, each of the three segments experienced shoaling, which tends to indicate that each of these segments is within the active littoral portion of the inlet system. Shoaling also occurred within the dredge cut in each segment. For Segment A, approximately 50% of the shoaling occurred within the dredge cut, whereas in segments Band C practically all of the shoaling occurred within the dredge cut limits. Mav 2000 to Februarv 2001: During this time period shoaling continued in Segment A yet at a slower rate, probably because the inlet cross section area was near an equilibrium condition where tidal currents are able to scour sand from the channel at approximately the same rate that wave action pushed sand into the channel. Segment B showed very little volumetric change. Segment C was not surveyed as part of the February 2001 survey. In general, the flattening of the cumulative shoaling curve tends to indicate that in terms of volume capacity, segments A and B appear to be reaching equilibrium. September 14. 2001: This interval was impacted by Tropical Storm Gabrielle. Segment A shows that in spite of storm waves that would tend to push sand into the inlet, strong tidal currents associated with the elevated storm tide scoured sand out of the inlet entrance. This restored the straight alignment of the entrance channel that had been dredged as a design element of the Restoration and Management Plan. This is a direct indication of successful establishment of improved inlet hydraulics from the 1999 implementation of the dredging element of the Restoration and Management Plan. Februarv and Auaust 2001 to September 19. 2001: Additional impacts of Tropical Storm Gabrielle are evident within each segment. The inlet channel in the seaward Segment A was scoured and enlarged as discussed above. Segment B remained essentially the same; however, some of the sand scoured from Segment A during Gabrielle was carried in the inlet and deposited on the inner shoal in Segment C. This accounts for the increase in sand volume in Segment C following the storm. It should be understood that Segment C is dredged to a much larger channel flow section than the entrance channel, so that this kind of accumulation of sand in Segment C can continue for a while before it begins to adversely affect inlet hydraulics. This area designed to act as a deposition basin which becomes a source of sand for beach nourishment when inlet dredging becomes necessary. September 2001 to December 2001: A pre-dredge survey was conducted in December 2001 which showed shoaling in Segment A following the scouring during the impact of Tropical Storm Gabrielle. A slight reduction in volume was evident in segments Band C over this time. December 2001 to Januarv 2002: During this time segments Band C were dredged. This dredging was essentially preventive maintenance, removing sand from Segment C to prevent accumulation from reaching levels that could adversely affect inlet hydraulics and the self scouring capability of the inlet entrance Section A. Approximately 11,500 cubic yards of sand were dredged from these two segments, all of which can be accounted for on Figure 5. Segment A was not dredged and experienced some minor natural scouring as a 10 16,cli result of the removal of a portion of the flood shoal. The sand was used to mitigate beach erosion on the county park south of the inlet. January 2002 to February 2002: Immediately following the dredging, the inlet channel within Segment A continued to open and increase in size. Segments Band C began to shoal. February 2002 to June 2003: Shoaling was experienced in all three segments similar to the time period following the 1999 dredging. November 2003: An elevated storm tide impacted the area, and sand was again scoured from Segment A, and Segment B as well. Some of this sand was carried in the inlet and deposited in Segment C. November 2003 to Mav 2004: Minor shoaling occurred in segments A and C with minor scouring in Segment B. There were no significant storm events and these changes should be considered normal for a natural tidal inlet on a sandy coastline. Mav 2004 to June 2005: All three sections experienced cumulative shoaling compared to the previous monitoring May 2004. Section A had significant shoaling, however, the majority of the shoaling occurred on the south side outside of the dredge cut. This increase of shoaling on the southern side in section A is from the enlargement of the southern side of the ebb shoal and northern migratory movement of the inlet. Segment B received a minor increase of cumulative shoaling relative to the other sections. Segment C also had significant shoaling, but unlike section A, the majority of the shoaling occurred within the dredge cut. Segment C received a significant amount of shoaling because this segment has a larger cross section and therefore lower tidal velocities. The lower tidal velocities are less effective at scouring sand from the channel, resulting in more rapid accumulation of sand in Segment C. The project was designed this way, because sand can accumulate in Segment C for a longer period of time before restricting the channel to a point where inlet hydraulics are adversely affected. The monitoring data over the past 6 years show that the dredging completed in 1999, which removed a significant portion of the flood shoal, has resulted in improved stability of the inlet system. The improved tidal prism as a result of the dredging has allowed for the inlet to sustain the impact of storms which previously had a history of closing the inlet. Figure 5 also provides an overall estimate of the volume of sand within the three segments. Currently there exists a total of approximately 12,000 cubic yards of sand within the dredge limits of segments A through C. This compares with approximately 19,000 cubic yards of sand which were dredged from the design cut from these three segments in 1999. Segments Band C contain approximately 9,000 cubic yards in comparison to 11,725 cubic yards that was removed in the 2002 maintenance dredging. The need for maintenance dredging in the future is anticipated. For the purpose of determining when the dredging should be scheduled, both the cross sectional area and shoaling volumes within each segment will continue to be monitored. The tidal prism will be monitored as well, because it provides a means of determining how much effect shoaling is having on the tidal prism and inlet hydraulics, which has been the primary reason for dredging. The tidal prism has been monitored through a tidal study which has been ongoing 11 16 , C 15 since prior to the 1999 dredging project, and the results are shown in the tidal study section of this report. 5. Interior Channels The interior channel cut locations are shown on Figure 1. The cuts selected for dredging were identified as channel sections which presented restrictions to flow in comparison to other channel sections within the bay system. Based on previous recommendations cuts #1, #2, and #3, were not surveyed during this monitoring period, however, they will be surveyed during the 2006 monitoring period. Previous monitoring reports show that the cross sectional area in the interior waterways was significantly improved by the dredging and that the cross sectional area within the interior waterways has changed very little since the dredging (not more than 10% of variation in flow cross section from 1999 to 2004). This illustrates the difference between the dynamic inlet entrance. which is exposed to high littoral sand transport rates, and the interior channels, which are not. Dredging of the interior channels contributed to the improved hydraulic efficiency of the bay system and the inlet; however, it is not anticipated that the interior channels will require maintenance dredging as frequently as the inlet and flood shoal area. 6. Tidal Study Prior to the commencement of the March 1999 dredging, water level recording gauges were installed at selected locations within the Clam Bay estuarine system and Gulf of Mexico to measure tidal ranges. Tides along the southwest Florida Coast are mixed in that they exhibit both diumal (one tide per day) and semidiumal (two tides per day) characteristics during the course of a one month lunar cycle. Both the pre and post dredging tidal data collection were carried out for a full month to obtain average values representative of the general tidal characteristics for Clam Bay. The locations of the gages are included in Figure 1. The mixed tide characteristics of this area are important to those who frequently visit the inlet and witness short term changes. During the neap tide part of the month when tidal currents are not particularly strong the inlet may take on wave dominant characteristics and appear to be shoaling near the entrance, particularly if the neap tide coincides with high wave energy events. During the ensuing spring tide, roughly two weeks later, tidal currents are considerably stronger and may efficiently scour out shoals that formed only a short time previously. The purpose of the monitoring program is to monitor inlet characteristics on a more comprehensive basis with less emphasis on day to day changes. One of the parameters monitored during the tidal study is tidal phase lag. This is the time difference between the high and low tide in the Gulf of Mexico and the corresponding high or low tide in the bay. The magnitude of the phase lag is an important indicator of inlet dynamics. Figures 6 and 7 show a comparison of the tidal phase lag at high and low tide conditions at three tide gage locations within the bay system. In each case the phase lag was reduced as a result of the dredging, indicating that the filling and draining of the bay became more efficient. Additionally, the pre'dredge low tide phase lag was larger than the pre-dredge high tide phase lag and the post-dredging low and high tide phases are now very similar. This asymmetric improvement is because the dredge cut represents a much greater percentage increase in cross section of flow near low tide than it does at high tide. This is illustrated by some of the more heavily shoaled areas that were so clogged with sand that they would be nearly dry at low tide, whereas after the dredging those areas are 12 161 C 15 deep enough to support significant tidal flow even on the lowest tides. This is another indication of how the dredging improved tidal exchange. The most recent tidal data. from March through June 2005, show an increase in the high tide phase lag over the previous period, yet a decrease in the low tide phase lag. In both cases, however, the phase lags are significantly below the pre-1999 dredging conditions, indicating that the improvements continue to support better tidal circulation and hydraulic efficiency of the inlet. 13 Cl Z 01- ClIO:: .....10 GI!:: lIlZ ClIO il::::IE GIll) :'5!lI) 1-<( ..elL .21 :::IE J:~ o OQT'""T'""C\lMM.q- 00000000 I I I I I I I I ............MmOOCX)l.O NN 0 0................0 Q.)..J.O"O,.!.~N,2-..J.,2-d,..J. a..oo 000'1"""" 00 .O.C.C..O o~~8~~ cO.bcbd>cbM NNN cOM cO 000 oo~ 000 , , , (")~... <";'1M..... ........~,.!. 4)000 0)" -CmOQ..-NNM..q1,{) ~~99999999 C)OLOQ)..-NLOM......CO IC\lOOONNOO...... Q) a to I I I I I I..J. a:.....o~~o~~~o .0...0..00 NNN OOMm 000 o o o ~ (") 16 I CiS o o o o N o o o ~ ~ SJnOH FIGURE 6 14 o o o o o .<: ~ o Z .<: '5 o en c o := .. u o ..J <:- 1ii '0, Q) a:: C) Z 1:1I- os<< .....10 e!:: ..z OSo if:&: ellllJ 'OlIlIJ ,- .. 1-11. ~:&: oJ" oJ U 161C IS OO...........C\I(f')('I")~ 00000000 ~~"'cnoo~ah NNOO................O ~....!. I I I I I I Q) ,c,:nO.....""N...-te en ......0.....00.....0 -C" .... .......... Q)OO..........NC\lM-V 099999999 I LO CDN 0 co...... C'I')(O ~......N,N.NNNOO 0'" I 1.1 I I , I I "'m"'m~~m~ 0:..00000......00 .O.IIlJ.IlJ..C OO............NN("')-c:fLO 000000000 eJ,,..!..J.clJu',obcnobch N("').....NNNNNN I I I I I I I '~ ......r---.....OOMC')CO("') Q)OOOOOOOO 0.................. "'CCDOO......NNC'?vLO lE~99999999 00 LOClO......N LO C"':I...... co .:.NOOONNOO...... _ '..1 I I I , I I I a.~OWC\l............I'-LON~ .....0......000000 .C...IlJ..IlJC o o o o cO; o o o '" '" o o o o ~ SJnOH FIGURtl 7 15 .c '5 z ,sj ~ 3 ..J ~ '" 'g> ct: :3 g o I l- => 0 en Ul W <-' z Z 0 ~ ~ ....l 0 c( 0 C .J i= ~ >- er: CO I- ~ :E e.? ~ w er: 0 16' ,i w We.? ~~WWWWWWWWWWWWWWWWW <er:e.?e.?e.?e.?e.?e.?e.?e.?e.?e.?e.?e.?e.?e.?e.?e.?e.? cr:WZZZZZZZZZZZZZZZZZ ~gc2c2c2c2c2c2c2c2c2c2c2c2c2c2c2c2c2 OWOOOO~~~~NNN~M~~~~ w~eQQeeeQeeQeoeeeeQ ~O~~~o~~ro~M~mNID~M~ID o'999~999~99999~999 ,~moOOO~~~NNNNMM~~~ WOOmoaoooooooooooooo ~OOMwmNN~m~~~~~mN~M ~~~ooo~oaooOo~oOOOO ~..D...D..Da....mDD '" N '" ci N ~ (.133.:11 3~N'ln:l l"QU. FIGURE 8 16 C.J5 I I- er: o Z lJ.. ...J => e.? o 16 I 0-1,,5 ...... ..... The relative tidal range was also evaluated for the post 1999 dredging conditions at each tide gage location as illustrated in Figure 8. In each case there was a significant increase in the tidal range as a result of the March 1999 Clam Bay Restoration dredging project. The dredging opened up the channel and reduced resistance to flow allowing more water into the bay areas in a shorter period of time. Since more water gets into the bay area on flood tide and more leaves on ebb tide as a result of the reduced restrictions to flow, the average tidal range increased. The January 2002 maintenance dredging appears to have helped to maintain the improved tidal range, which remains significantly above the pre-1999 dredging range. The most recent tidal data, from March through June 2005, show that the tide ranges have remained significantly higher than the pre-1999 dredging condition. 7, Beach Profiles Plots of wading depth profiles surveyed at DEP reference monuments R-38 through R-44 are presented in Appendix C. The beach profiles include data collected since 1999 to the north (R-38 to R-41) and to the south (R-42 to R-44) of Clam Pass. The beach stations to the north of the inlet experienced both accretion and erosion. Monuments R-38 and R,39 received a minor amount of accretion, however, closer to the inlet at R-40 and R-41 the beach eroded. At the same time, the beach at R-42, immediately south of the inlet, accreted. This may be the result of southward littoral transport bypassing the inlet. Further south at R-42 and R-43, however, the beach experienced erosion. An evaluation of the shoreline stability is made through a comparison of the shoreline changes from one survey to the next and overall shoreline changes compared to the June 2005 survey. Figure 9 shows a history of shoreline position. This shows that the beach 2,000 to 3,000 feet north of the inlet at R.38 and R-39 has increased in width by approximately 31 feet since 1999, with most of that increase occurring by April 2002. Closer to the inlet, at R-41, the beach width has fluctuated more dynamically over this period, however, due to recent erosion, it lost approximately 22 feet between April 1999 and June 2005. Figure 9 shows that the shoreline at R-42 immediately south of the inlet has experienced net erosion of 28 feet since 1999. The narrowest beach was documented in May 2004. There has been approximately 20 feet of recovery in beach width from May 2004 to June 2005, resulting in a slightly wider beach in June 2005 the April 2002 width. Further south, 1,000 to 2,000 feet south of the inlet at R-43 and R-44, the beach experienced net erosion, loosing approximately 69 feet at R-43 and 22 feet at R-44. The decrease in beach width on the north side of the inlet and increase in beach width on the south side of the inlet seems to indicate that sand bypass of the inlet is occurring on the ebb shoal. Additional monitoring is needed to determine if benefits of this will in time extend further south on the Clam Pass Park beach. Figure 10 is another illustration of shoreline change which uses the 1999 shoreline position as a baseline. This facilitates visualization of the shoreline position relative to the 1999 shoreline position. Figure 11 illustrates the rate of change in shoreline position normalized to feet per year. over each of the monitoring intervals 17 161 cI5 O>NMC"'l9;GlOl moo 101 ~.l.~>~CI ~~~~:::E~ Hi H- .. "'t 0: N "'t 0: I- Z W ~ ::l Z 0'" ~g S\1d W\1l:J o.."'! w'" .... e'" z '" w 0- :IE I-C) ::> z WZ 0 >- :IE -~ sg 0.. W ;;: C wZ ~o Ii: z~ o III -Ill 1::0( ---- III 0.. o~ 0..0( W-' 0 ;!5u "'t -' 0: W ~ 0 :r III '" '" Ii: '" "'t 0: '" '" Ii: o '" '" o o '" o '" N o o N o '" o o o '" o (.L~) .LN3WnNOW d30 WOH~ 3:lN\1.LSIO FIGURE 9 18 '" 0)0 0)0 O)N - , :lEg: 00) D::- ILCl 1Il1!: ClD:: zO c(1- J:z 00 1Il:lE 1!:Ul ..JUl 1Ilc( D::o.. 0:lE J:c( UlO ,~ .. O>NMg(!;1.l1 ~99 >. >.9 al5..s OCll 5 trZH - 16 , C 1.5 :f a: '" J: . ..' I .,..,...............................f...................j.........................."...,.......I......,......,.. SSYd NY':> N "i a: .=..,.=.~~+....:=j::::~.......m ......=r......... Ul I- Z w ::Ii ::> z o ::Ii ... w "i 0 a: .r ~ I . I.j 1'1 :\J : II :' \~ o .. o N o 0 0 ~ "i (l~) 39NYHO 3NI13~OHS FIGURE 10 19 o "i a: m '" ci: '" '? a: o '9 o '9 '" Cl Cl N o 1-'" c:S WN 1:1:';' ~s: ::E~ Oel o:1!: ml:l: wO 1-1- ~~ W::E elm Zm e(e( :J:o.. O::E we( :1!:-, iilo 1:1: o :J: m o)N('!')<":I9~"'~ 0)00 ,0 I I L > >..L aaCornC. HrH '" '" '" ... S VdW.", II / I I I - I .1 '~ U. '" '" '" N '" '" '" '" ~ '" '? (AI.L~) S3.L VH 3~NVH:l 3NI13HOHS FIGURE 11 20 161C15 1 C( '" ~ N ~ Ul ... z w :IE ::> z o :IE .. w ;;: c c!: '" ,. C( '" '" c!: "' '" c!: '" ,. '" ~ '" 9 161 C.o15 8. Conclusions and Recommendations The initial dredging of the flood shoals in 1999 and maintenance of the flood shoal channel in 2002 has resulted in significant improvement to the stability of Clam Pass. These improvements to the hydraulic stability of the inlet from the April 1999 dredging have persisted, however, the inlet channel and flood shoal areas have accumulated enough sand so that conditions are similar to those that existed prior to the maintenance dredging completed in January, 2002. Based on the June 2005 survey, there are approximately 12,000 cubic yards of sand within the currently permitted dredging limits. There are approximately 9,000 cubic yards in Segments Band C which were dredged in January 2002. This sand is expected to be beach quality. It has been nearly 4 years since the previous maintenance dredging. Although the tidal data show that flows through the inlet are still significantly stronger than the pre-1999 conditions, and may be sufficient to maintain flushing to the bay for the time being, there are indications that the flow through the inlet has diminished somewhat since the 2002 dredging. In order to reduce the potential for tidal exchange becoming diminished to the point where flushing might be inadequate, planning for the next maintenance dredging event is recommended. In planning for the next maintenance dredging, there are several things that should be considered. Hurricane Wilma impacted this area since the June 2005 survey. While storm wave energy often contributes to inlet shoaling by increasing sand transport into the inlet, strong tidal flow associated with a storm surge and storm water runoff tends to scour sand out of the channel. To provide updated information upon which to base decisions regarding dredging and estimated dredge quantities, it is recommended that a post storm survey be conducted. If the post storm survey indicates that dredging should be done, the survey data would be used to prepare plans for bidding and for submittal to DEP for a Notice to Proceed. There has also been some discussion about Collier County expanding the dredging to include the ebb shoal for the purpose of obtaining additional sand for the nourishment of the Clam Pass Park beach south of the inlet. This approach would provide immediate relief to the erosion problem on the park beach, however, it also may have longer term consequences that should be carefully considered. A common impact from dredging inlet ebb shoals is increased erosion of adjacent beaches. This occurs for several reasons including; interruption of natural transport which relies on the presence of an ebb shoal to bypass the inlet, diminished protection from waves for areas close to the shoal, and the readjustment of dredge cut slopes to a natural repose angle as the shoal begins to reform by trapping sand from the littoral system. It is recommended that if plans are developed for dredging the ebb shoal, those plans should include a contingency plan for addressing impacts that might occur from the dredging. A DEP permit would be required for this activity, and it is likely that a contingency plan would be included as a condition the permit if such a permit is issued. If the proposed plan to dredge the ebb shoal is to be implemented within the next year, maintenance dredging of the inlet in 2005/2006 under the current management plan is probably not necessary. It is not anticipated that dredging of the ebb shoal will have any adverse effect on the flushing of Clam Bay or on the mangrove communities in the Clam Bay system. 21 16' c:'1S 9. Recommendations for Ongoing Monitoring. The tidal ranges and phase lags are an important indicator of how well tidal flow through the inlet is flushing the bay system. This data is presented in Figures 6, 7, and 8. While these figures illustrate the improvements that have resulted from implementation of the Clam Bay Restoration and Management Plan, they also show that there is a significant amount of scatter in the data. For example, the most recent data shows an increase in the high tide phase lag, which is an expected consequence if shoaling in the inlet is significant enough to adversely affect tidal flow. However, during the same monitoring interval, the low tide phase lag decreased, which is normally an indicator of improved tidal flushing. These inconsistencies have previously been treated as random scatter in the data because they are relatively small in comparison to the overall flushing improvements. This random scatter might be related to factors such as wind influence on tidal flow, or storm water outflow. However, the scatter makes it difficult to identify trends that would indicate correlations between shoaling in the inlet and flushing action. It is therefore recommended that the tidal data collection program be expanded to include data collection at two additional stations to provide a level of redundancy that should be helpful in understanding the variability that has been fairly consistent in the data for six years. The Clam Bay Restoration and Management Plan has so far been successful in maintaining a maintenance dredging interval of up to 4 years. This represents considerable cost savings over more frequent dredging, and this cost savings is considered justification for the additional data collection and analysis which may be used to improve management practices. With better understanding of how shoaling in the inlet influences the tidal parameters. it may be possible in the future to base scheduling of maintenance dredging on tidal measurements alone, and thereby reduce the cost of surveys for monitoring shoaling in the inlet. 10. Previous Recommendations, Recommendations made in previous reports that are still considered relevant to long term management are repeated in this section for convenience. The long-term management of the Clam Pass inlet system should include continued monitoring of the inlet channel from the gulf to the interior, as well as the meandering connecting channels and along the dredge cut within the Clam Bay system. The May 2004 monitoring data show that cuts 1, 2 and 3, and the inner part of cut 4 have remained relatively stable since the 1999 dredging. It is recommended that continued monitoring of these areas be conducted once more in May 2006. If the sections appear stable based on that survey, further monitoring of cuts 1, 2 and 3 should not be necessary during each monitoring event, and should possibly be only done at three year intervals. This will reduce monitoring costs. However, due to the high recreational use of the inner bay area of cut #4, monitoring should continue on two-year intervals between Station 18+00 and 35+37. The tidal studies should be continued as an integral part of the annual monitoring because they will indicate when shoaling of the inlet and other channels has occurred to the extent where tidal circulation in the bay system is affected. (Recommendations regarding tidal studies are included in Section 9 above). Although dredging portions of the meandering channels between the four bays appears to have contributed to improving the flushing of Inner and Upper Clam Bay, the tidal exchange 22 161Cl,.5 remains relatively low at the north end of the system. If biological studies indicate further enhancement to flushing of the remote northern portion of the bay system is necessary, that may be accomplished by straightening sections of the meandering channel. This approach would necessitate removing small areas of existing mangrove and it would therefore be necessary to demonstrate that it would be beneficial to the broader goal of managing the ecology of the overall bay system. 23 161 CitS 9. References 1.) Agnoli, Barber, and Brundage, Inc. Beach Profile Monitoring Data at the Department of Environmental Protection Reference Monuments R.38 through R-44, 1999 to 2005. 2.) Agnoll, Barber, and Brundage, Inc. Hydrographic Monitoring Data Collected at Cut #4 within the Clam Bay System, 1999 to 2004. 3.) Humiston and Moore Engineers, Project Area Photographs of South Naples Beach. 4.) Humiston and Moore Engineers, Clam Pass Restoration and Management Plan Bathymetric Monitoring Reports 1 through 4a, 2000 - 2004. 5.) Pelican Bay Services District, Tide Data, 1999 - 2005. 6.) Florida Department of Environmental Protection Joint Coastal Permit No. 0128463. 001-JC. 24 APPENDIX A DREDGE CUT #4 AERIAL, SURVEY SITE PLAN, CROSS SECTIONS AND FLOW DATA CALCULATIONS 1. Cut #4 plan view and cross section data 161CI5 JiM HUMISTON & M(X)RE ENGINEER CLAlA PASS FOR: COlliER COUNTY DATE:l1 21 05 FILE: JOB FILE:13078 DATUlA: SCALE: 1 = 100 FIGURE: 04 5679 strand court NAPLES, FL 34110 FAX: 239 594 2025 PHONE: 239 594 2021 COASTAL (NGiHH"Itf;,ut~r(,N .o\NOrUt..mllNG 161C15 9+5<1 so 100' 100 , , , , " , , , , , , , , t -50 0 "-- ScoTe: 1- "0 Ie "0 'P "..: ' .g , , , , 10+00_- , , , __~'lC"- "< , " ' , , , , -' ----'-'- ,t>>t-P ,1 >toO ,/ ~ MATCHLlNE 2 ,1---........... " " 4.>t00, \V ........ " ,/ ;,~'fP- " " " \&~19- " -- -- --- ---- , :t.9!t --- .!l+-~Q... --- _J:t.9.9- . \ , \ \ \ \ \ \ \ \ \ \ \ \ ) ---\---- \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ , \ "';:,\ \ , \--""\ \ 1+50 , \ \~ , >to "0 \ 10~...8)--- ----- \ \ \ \ HM {CAS!A. U<6INUll:l"l'.IJlS!(j'" CLAM PASS FOR: COLLIER COUNTY DATE:l1 2t 05 FILE: JOB FILE:13078 DATUM: SCALE: 1 =100 FIGURE: A-CUT 4.1 5679 strand court NAPLES. FL 34110 fAX: 239 594 2025 PHONE: 239 594 2021 /' , -', , , -50 0 1"\-- Scol'e: 1- HM 11(r:F '.......... .L-_ ~ 11( ...' , ... MATCH LINE 2 o..l(r:F, \'" .,,' "...,...", ')~ ...'" ...'" ...' 0 \ &~1,' " " " " .2Jl...t.U ------- ~ ,I(~' 1,:>-' ,... " ,... , ??..Jr.:1.Q. " " " 'J.~~\.q " " ..... J..1,,:'r_~~ -- -' -,- 50 100' 100 , ,... , & MOORE ENGINEER CLAW PASS FOR: COLUER COUNTY DATE:11 21 05 tiLE: JOB tlLE:1307B DATUW: SCALE: 1 -100 tlGURE: A CUT 4.2 COASUL. tt<(.I~HIItN(.las,(j'l ~~~Ij ,~ " " MATCHLlNE 5679 strand court NAPLES. 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II ,,- ~- NORTH SOUTH -12 -- -100 -'00 DISTANCE f'R()W BASEUN[ (FEET) 51" 0+50 --------- SOUTH -12 -- -250 - 00 -150 -100 DISTANCE FROW 8ASEUNE (FEET) to/.8 00/04 08/05 HUMISTON I>' MOOHE ENGINEElt CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 ILE: XSECCUT4 SCALE: 1"-100' JOB: 13078 ATUM: NGYD FIGURE: A1 5679 STRAND COURT NAPLES, FL 34110 FAX: (239) 594-2025 PHONE: (239) 594-2021 www.humistonondmoore.com COASMI. tt,,,INEUtU..-, c-ES"" ANi) ~,RMI'HNG HM STA 0+75 ~4 ! ti ~-2 ~-4 5- -, HUMISTON &' MOOKE ENGINEEU CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 ILE: XSECCUT4 SCALE: 1"-100' JOB: 13078 ATUM: NGVD FIGURE: A2 CO"'$!~l fhGIN{UIN"OE:;,,'l AND pt~"":lIN(, 161 C 15 10/9. 0.5/'" 08/05 5679 STRAND COURT NAPLES, FL 34110 FAX: (239) 594-202S PHONE: (239) 594-2021 www.humlstonandmoore.com HM ST" 1+50 I -~ --- --- -1 - 50 - 00 -150 -100 DISTANCE ""'" IlASEUNE (FEET) STA 1+7S ~ 4 ! ti ~- z li!- ~- w -1 - 00 -ISO -100 DISTANCE rROW IlASEUNE (FEET) Sf A 2+00 12 ti ~-2 ~- ~- - 00 -150 -100 IMSTAHCE F'RON IlASEUNE (FEET) HUMISTON I!I MOORE ENGINEEH. CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 ILE: XSECCUT4 SCALE: 1"-100' JOB: 13078 ATUM: NGVD FIGURE: A3 COI'.STAl [NGINHIUN(,r.ISr,,, "-"0 P[~MI1I!NG 1 SOUTH --- - / - SOUTH SOUTH 10/18 05/04 08/0' 5679 STRAND COURT NAPLES. FL 34110 FAX: (239) 594-2025 PHONE: (239) 594-2021 www.humlstonondmoore.com HM NORTH SOUTH -400 -50 -00 -'50 -'00 DISTANCE FRO.. BASEUNE (FEET) STIt 3+00 I . 2 t. l! ,,- ~- SOUTH -'00 STA 3+U.5 I /- 2 / ~ / t2 I ~-. ~- -, SOUTH -'50 -'00 50 DISTANCE: F1lOW Il.UEUNE (FEET) 10/18 lIS/.. .0/lIS STA 2+37.5 I t HUMISTON CLAM SAY CROSS SECTION & MOORE CUT 4 ENGINEEU . fOR: COLLIER COUNTY CO"", DATE: 11 21 05 ILE: XSECCUT4 SCALE: ," 1 00' ~~"~~:~~~I~~' (;"1 JOB: 13078 AlUM: NGVD FIGURE: A4 / 5679 STRAND COURT NAPLES, FL 34..0 FAX: (239) 594-2025 PHONE: (239) 59'-202' www.humlstonandmoore.com 161cI5 STA 4+10 12 t2 ~-. .. !;- w -, NORTH SOUTH -'2 -00 -150 -100 DISTANCE "OW BASEUNE (FEET) STA 4+80 .....__.J -, NORTH SOUtH -12 -00 -'50 -'00 DISTANCE FROlI BASEUNE (FEET) -, ST'" 5+10 r t2 ~-. 5- , I I \..-_/ SOUTH -1~ -100 ~ DISTANCE FROM BASEUNE (FEET) 10/11 05/" 01/05 [8BIHUMISTON &' MOORE RNGINBEU COASTAl. tiM ".,"',""",,"" ~O'UMllIIN(; CLAM BAY CROSS SECTION CUT .. FOR: COLLIER COUNTY DATE: 11 21 05 IlE: XSECCUT.. SCALE: 1" 100' JOB: 13078 ATUM: NGVD FIGURE: A5 5679 STRAND COURT NAPLES, FL 34110 FAX: (239) 594-2025 PHONE: (239) 594~202' www.humlstonandmoore.com 161 CI5 STA 5+10 L -, NORTH -12 -200 -'50 -'00 SOUTH DlSTAl/CE FROW IlASEUNE (FEET) f ~ SlA 1+10 \ -, NORTN -12 -00 -'50 -'00 DISTANCE now BASEUNE (FEET) STA 1+10 14 ti ~ z 11- ~- NORTH -, -200 -'50 -'00 50 DlSTAl/CE F.OW IlASEUNE (FEET) SOUTH SOUTH '0/'. 05/04 0./05 ~HLJMIST()N CLAM BAY CROSS SECTION HM SMOOlm CUT 4 ENGINEEIt 'FOR: COLLIER COUNTY " "" co",,, DATE: 11 21 05 ILE: XSECCUT4 SCALE: ," 100' ~ ~~I~~:'~~I~~SG" JOB: 13078 DATUM: NOVO FIGURE: A6 5679 STRAND COURT NAPLES, FL 3"'0 FAX: (239) 594-2025 PHONE: (239) S94-2021 www.humlstonandmoore.com HM STA 7+10 I ~ I I ~-2 ~- SOUlll -1 -'SO -100 DISTANCE F"ROM BASEUNE (fEET) STA 7+50 I ti ~ \ z l!!-2 .. ~-4 -0 WEST EAST -, -200 -'SO -'00 DIST...CE FROIl ....UNE (rEET) STA8+OO I ~ WEST EAST -, -200 -'00 -'SO DIST"'CE FROIl ....UNE (FEET) 10/la D5/04 DO/D5 HUMISTON S MOOlm ENGlNEEU CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 ILE: XSECCUT4 SCALE: I" 100' JOB: 13078 ATUM: NGVD FIGURE: A7 5679 STRAND COURT NAPLES, FL 34110 FAX: (239) S94-2025 PHONE: (239) 594-2021 www.humlstonandmoore.com COA,$l.l.l E"..IHUIl'l,iG{lnr,~1 ilflD ~fIlMl1fIHG JiM EAST -'SO -'00 DISTANCE FRO.. BA$EUNE (FEET) STA 1+50 1 g ~-2 ~- WEST EAST -, -00 -lSO -'00 DISTANCE fRO.. IlASEUNE (FEET) 1. g ~-2 .. ~-. w -, -00 1 HUMISTON &' MOORE ENGINEER CO~STAl [tlGIHEUtlNG PO,fiN AHDPUMIHl"'G 161 C 15 ST" 8+50 WEST EAST 2 0 -,so -100 50 OIST ....CE FROW IlASEIJNE (FEET) ST" 1+00 '0/'8 DO/D' 08/00 CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 ILE: XSECCUT4 SCALE: 1" 100' JOB: 13078 DATUM: NGVD FIGURE: ,0.8 5679 STRAND COURT NAPLES, FL 341 10 FAX: (239) S94-2025 PHONE: (239) 594-2021 www.humlstonandmoore.com HM ,. 51A 10+00 I g z l!!-2 ~- WEST EAST -1 -00 -,"" -100 - 0 .0 DISTANCE FROM BASEUNE (FEET) STA 10+1' f 4 2 3- r----__ t2 I -, I , ~ , ",-4 ~- NORTH SOUTH -, -00 -,"" -100 [NSTANCE FRO" BASEUNE (FEET) STA 10+~ I 4 2 \ ti I - _J ~-2 -~ ~-4 ~- NORTH SOUTH -, -200 -,"" -100 2 DISTANCE FROM 8ASEUNE (FEET) 10/18 05/04 08/0' HlJMISTON IS MOORE ENGlNEEU CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 IlE: XSECCUT4 JOB: 13078 DATUM: NGYD 5679 STRAND COURT NAPLES. FL 34"0 FAX, (239) 594-2025 PHONE: (239) 594-202' www.humlstonandmoore.com COASTAL ~ti(,INEERlIol(, il( ,cG,< AtiOPEPl.AllflNG SCALE: 1" 100' FIGURE: A9 HM I: ti ~-2 ~-4 ~- w -, -200 I -1 -200 I: t2 ~- ~- w -, -200 HUMISTON I!I MO()l{E ENGINEER COAS1Al. Et,GINElltlN"C,{SGlj ANOI'EPMll1l..G NORTH NORTH -100 NORTH -tOO Sf A 1'+00 -100 -100 50 DISTANCE f1lOW BASEl.JNE (FEEl) ST'" 11+50 -100 50 OISTANCE f1lOW BASELINE (FEEl) STA 12+00 -100 DISTANCE F1lOII ....UNE (FEEl) CLAM SAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 FILE: XSECCUT4 JOB: 13078 ATUM: NGVD SCALE: 1" 1 00' FIGURE: Al 0 SOUTH SOlJTH 2 OOUTH 2 10/'. 05/04 01/05 5679 STRANO COURT NAPLES, FL 34110 FAX: (239) 594-2025 PHONE: (239) 594-2021 www.humlstonondmoore.com HM Sf A 12+50 I -. 12 -----~ L ~-. ~- w NORTH SOUTH -, -00 -'50 -100 50 DISTANCE f1lOIj IlASEUNE (FEET) ST. 13+00 - . 1 ~ -- / ~- ~- NORTH SOUTH -, -00 -150 -'00 [MSTANCE FRON IASEUNE (FEET) STA 13+50 - . 12 t2 ~-. ~- NORTH SOUTH -, -200 -'50 -100 50 2 DISTANCE FROM "'EUNE (F'EET) HUMISTON III MOORE ENGINEER CLAM BAY CROSS SECTION CUT 4 fOR: COLLIER COUNTY DATE: 11 21 05 IlE: XSECCUT4 SCALE: 1" 100' JOB: 1307B DATUM: NGVD fiGURE: All CO"StAl eNGu.I[[~t4GO!Sr,,,, A.NOP[~M'lI,"G 10/'" 05/04 Ol/OS 5679 STRAND CDURT NAPLES, FL 3411 D FAX: (239) 594~2D25 PHDNE: (239) 594-2D2' www.humlstonandmoore.com HM L ~- ~- -. -, -00 ~ . I. t. i'J ,,-. ~- -1 I: t. ~- ~- -, -00 HUMISTON I!I MOORE ENGINEER CO,.STAl r"GII'IlHlt"j"IlESGN A,ND'EIlMllfUolG 161(,;1.$ STA '04+00 \ / .../-...... .ORTH SOUTH -'50 -100 50 DlSTANC' FROll .....u.. (FEEl) ST" ''''+50 ..----..../ SOUTH -150 -100 DlSTANC. "OW .....u.. (FEEl) ST" 15+00 ,~------ --- \ EAST WEST -'50 -100 DISTANCE f'ROW BASEUNE (FEET) '0/'. 00/0' 06/05 CLAM BAY CROSS SECTION CUT 4 fOR: COLLIER COUNTY OATE: " 2, 05 ILE: XSECCUT 4 SCALE: '" 1 00' JOB: ,3078 ATUM: NGVD fiGURE: A12 5679 STRAND COURT NAPLES, FL 34110 FAX, (239) 59'-2025 PHONE, (239) 59'-202' www.humlstonandmoore.com JiM ! : ti I:!-. z I!!-. ~- -, -00 ~ . I. t. ~- ~- -, -00 ~ . I. ti I:!-. ~-. ~- ~ -I -00 HUMISTON I!I MOORE ENGINEER COAU...... UIGIHEElIltt"OH,," AND PUtMlTT,"G 51A 1:5+50 EAST 16JCI5 --- DISTANCE FllOW .....UNE (FEET) WEST -150 -100 STA 11+00 ,--------- -- / EAST DISTANCE FROM BA$EUNE (FEET) WEST -150 -'00 51A 18+50 EAST -150 -100 50 DISTANCE FROM BASEUNE (FEET) WEST 'O/1lI ../0. 0./.. CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 ILE: XSECCUT4 SCALE: 1" 100' JOB: 13078 ATUM: NGVD FIGURE: A13 5679 STRAND COURT NAPLES. FL 3.110 FAX: (239) 59'-2025 PHONE: (239) 59.-2021 www.humlstonandmoore.com HM 161C ST. 17+00 I ""'---------.... ti ~-2 ~- ~- EAST WEST -, -00 -'50 -'00 50 DISTANCt: FllOW .....UNE (FEEl) STA 17+50 f: ~ t2 ~- ~- ~ EAST WEST -, -00 -'50 -'00 20 DISTANCE FllOW IlASEUNE (FEET) ST. 18+00 - 4 ! 2 ti ~-2 ~- ~- EAST WEST -, -00 -'50 -'00 DISTANCE FllOW IlASEUNE (FEET) HUMISTON I!I MOOHE ENGINEER CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 ILE: XSECCUT4 SCALE: '"-100' JOB: 13078 ATUM: NGVD FIGURE: A14 5679 STRAND COURT NAPLES, FL 3411 0 FAX: (239) 594-2025 PHONE: (239) 594-2021 www.humlstonondmoore.com CO,t,SlA,L (NG1HEUUt<GOnr,N AND PE~t.lITlIHG '0/'8 00/04 08/00 16' Cl STA 18+28 12 t. S-4 ~- ~ EAST WEST -, -00 -'50 -100 DISTANCE FROM IlASEUNE (FEET) ST" 18+70 I: ~ t2 S-4 ~- ~ EAST WEST -, -00 -'50 -'00 - 0 OtST AHCE I'ROU BASEUNE (fEET) ST'" 11+21 I: t2 ~-4 ~- ~ EAST WEST -, -00 -'50 -100 - 0 50 DISTANCE FRaN BASEUNE (FEET) '0/'. 06/04 08/06 mHUMISTON 1!1 MOORE ENGINEBll COASlAl Ifl ,,,,..,.",;,,,," AND l'l:RMllTlJIG CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 ILE: XSECCUT4 SCALE: 1"-100' JOB: 1307B ATUM: NGVD FIGURE: A 15 5679 STRANO COURT NAPLES, fL 3411 0 fAX' (239) 594-2025 PHONE, (239) 594-202' www.humlstonandmoore.com HM 161 C IS 51... 20+82 ~ . ! . t. ~-. .. !;- w EAST WEST -, -00 -'50 -'00 50 DISTANCE FROlI BASEUNE (FEEl) STA 21+52 ~ . ! . , , t. \ / ~ \_- - ~- .. !;- w EAST WEST -, -00 -150 -'00 50 DISTANCE FROlI BASEUNE (rEET) Sf A 22+20 1 t. ~- ~- EAST WEST -, -00 -'50 -100 DISTANCE FRO" BASEUNE (FEET) '0/'8 05/004 08/05 HUMIST()N f!I MOORE ENGINEER CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 ILE: XSECCUT 4 SCALE: ," 1 00' JOB: 1307B ATUM: NGVD FIGURE: A 16 5679 STRANO COURT NAPLES, FL 3411 0 FAX: (239) 594-2025 PHONE, (239) 594-2021 www.humlstonandmoore.com (OAS/At EI<GINtfll:lo;Gr,or... 4Nf)I'tR....lfING HM 161G15 ST'" 23+10 I . ~ t. ~-4 ~- ~ EAST WEST -, -00 -'50 -'00 50 SU 24+1S I: -, t. ~- ~- ~ WEST -, -150 -'00 . DISTANCE FRO" BASEUNE (FEET) STA 25+84 - 4 1 ti ~-. ~- ~- EAST WEST -, -'00 -'50 -100 50 DISTANCE FROM BASEUNE (FEET) '0/11 05/04 01/05 HlJMIST( IN & MOORE ENGINEElt CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 ILE: XSECCUT4 SCALE: 1" 100' JOB: 13078 ATUM: NGVD FIGURE: Al7 5679 STRANO COURT NAPLES. FL 34110 FAX: (239) 594-2025 PHONE: (239) 594-202' www.humistonandmoore.com COA.Sl...l Et<C,INEflt>>l" [lfl.<>'l "NO P1~UllTlttG HM 16' C Sf... 21+31 I 2 ti --- ~-2 z ~-. c ~- w EAST WEST -, -00 -'SO -'00 SO DISTANCE FROM IlASEUNE (F"EET) STA. 27+80 12 t2 ~-. c ~- w WEST -, -.so -'00 DISTANCE FROW BASEUNE (FEET) STA 21+13 ~. ! 2 ti ~-2 ~-. ~- EAST WEST -, -00 -ISO -100 DISTANCE F'ROtIl BASEUNE (FEET) 'O/1lI ../0. 08/0' HUMISTON 8 MCK)H.E ENGINEEH. CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 IlE: XSECCUT4 SCALE: 1" 100' JOB: 13078 ATUM: NGVD FIGURE: A 18 5679 STRAND COURT NAPLES, FL 3.11 D FAX: (239) 59.-2025 PHONE: (239) 594-2021 www.humistonandmoore.com COASTAL [t,6IflnNl'lii N S ..'i ANOI'l:RMtIfIfolG HM WEST -, -'50 -'00 DtSTANCE FROW BASEUNE (FEET) Sf... 31 +53 f ~ t. ~- ~- EAST WEST -, -00 -'50 -100 50 DISTANCE FRO" BASEUNE (FEET) ~ 4 ! 2 t2 ~-4 ~- -, -00 I HUMISTON S MOORE ENGINEE1{ CO,l,SlAl O,G1HHJtlW(, OH r,'~ "NO I't~MtlTlNG 161 Slit 21+81 EAST WEST -150 -100 50 DISTANCE FROM BASEUNE (FEET) ST... 30+77 CLAM BAY CROSS SECTION CUT .. fOR: COLLIER COUNTY DATE: 11 21 OS IlE: XSECCUT4 SCALE: 1"-100' JOB: 13078 ATUM: NGVD FIGURE: A19 '0/'. o./eu 08/05 5679 STRAND COURT NAPLES, FL 3411 0 FAX: (239) 594-2025 PHONE: (239) 594-2021 www.humlstonandmoore.com HM 161 C 15 STA 32+04 ~4 I. ti ~-. ~- ~- EAST WEST -, -00 -100 -'00 DISTANCE FROM BASEUNE (FEET) STA 32+12 ~ 4 I. ti ~-. ~- .. ~- w EAST WEST -, -00 -100 -100 . 0 DISTANCE FROW IIASD..INE (FEET) STA 34+23 f: ~ t. ~-4 ~- EAST WEST -I -00 -100 -'00 DISTANCE FROW IIASD..INE (FEET) '0/'. DO/" OO/DO HUMISTON & MOORE ENGINEER CLAt.A BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 FILE: XSECCUT4 SCALE: 1" 100' JOB: 13078 ATUt.A: NGVD FIGURE: A20 5679 STRAND COURT NAPLES. FL 34110 FAX: (239) 594-2025 PHONE: (239) 594-2021 www.humlstonandmoore.com COAn"l EIH,INEU\lIl!,O<>,-,N ANO'EIlNHTlNG HM 161 C 15 STA 34+72 ~. ~ 2 ~ t2 z ~-. ~- EAST WEST -, -200 -150 -100 DISTANCE FROM BASEUNE (fEET) ST... 35+37 I: t. , --- ~- g- ~ EAST WEST -1 -00 -'50 -100 - 0 50 2 DI$TAIIC[ FROM IlASEUNE (FEET) HUMISTON 8 MOORE ENGINEEU CLAM BAY CROSS SECTION CUT 4 FOR: COLLIER COUNTY DATE: 11 21 05 ILE: XSECCUT4 SCALE: 1" 100' JOB: 13078 DATUM: NGVD FIGURE: A21 COAStAl E"GlNEUUNCiCB'-,!,I ""'OI'UMnnN(i la/Ie OSlO' DS/OS 5679 STRAND COURT NAPLES, f'L 34110 FAX, (239) 59'-2025 PHONE: (239) 594-2021 www.humlstonandmoore.com --- --- --- 'I I I I ) I I I I I ) I I I I I ) -....- --- -- --- --- '" " ~ z !? I~ I I I -I I I I I I II ) ) L ~ --- --- --- --- --- 16' C 15 APPENDIX B SEGMENTED CROSS SECTIONAL AREAS OF FLOW FOR SEGMENTS A, BAND C IN CUT 4 1. Segment A, Band C survey site plans 2. Segment A, Band C cross section computation table ',. c.. ...~'.:".4.M ':...' ;"-;!;-' .,:,:, .i ",<'~'.: -.i;.::.:: . ".W_ :i:t:p':':., uS.'.S", .. ',".."..,.,' ." ,.- .:.,.~,,_; ','i.~, ,--. ,'." --.' . .,. ,,- " '" 'Y:. y,-- "_; . ::'X.:': '- ," .-:, .,~t HM HUMISTON I!I MOORE ENGINEER CO,l,S1Al U.G1NEEItm{;Q[${;t,I ANOfil'MlTllHG 161c15 R-41 (i) It) on :5 It) It) 0 It) 0 ,...: N ,... N It) ,... 0 ..., + + + + + + + + 0 0 0 - - N N ~ ~ j! ~ <( ~ ~ <( ~ l- I- III III III VI VI VI VI VI , CLAM PASS DREDGE CUT 4 SEGMENT-A FOR: COLLIER COUNTY DATE: 11 21 05 ILE:SITEPLAN JOB: 13028 ATUM: NONE 5679 STRAND COURT NAPLES, FL 34110 FAX: (239) 594-2025 PHONE: (239) 594-2021 www.humlstonandmoore.com SCALE: I" 100' FIGURE: Bl "" " . .. ,f JiM HUMISTON I!I MOOHE ENGINEBH FOR: COlliER DATE: 11 21 JOB: 13028 SCALE: 1" 100' FIGURE: B2 NAPLES. Fl 34110 FAX: (239) 594~2025 PHONE: (239) 594~2021 www.humistonandmoore.com (o.o.n"'l Uj{ilHEU:lI4Gtl(~G" AHOfflll.bHlHG ~~,~ ;- HM CO"'SIAl U,IGIN(EltlHGOU,GI'l .t.HDI'EIlN'lTlliG FOR:COLLIER DATE: 11 21 JOB: 13028 SCALE: 1" -100' FIGURE: B3 5679 STRAND COURT NAPLES, fL 34110 FAX: (239) 594-2025 PHONE: (239) 594-2021 www.humlstonondmoore.com 161C 15 ~ ~~~~~;~~~O~~~~~O~~~~~~~~~~N~~~~~~~~~~~~~M~.~~ ~ ~~___~___~~__N_~NN_NNgM_N~~~MM.M___MNNN~~N~_~ f- 9 ~-N~~8-g~8~~$~~~~~~~mWN~~~WW-~~~~~~~ .~~__ogm ~ M~~~_NN__NNNN~re~N~~~N~~~~W~~~~~~NN_~'~~M~~~N~ . f-- "' z 2 g .. '" o I) ~ " z 2 l- I) W "' "' "' o 0: I) U o z " lD .{ I- Z W '" " w "' ~ ~ i~!~~~~~~;~~~~~~~~~R~~I~~~~~I~~~ .~~;~~!~~ z f- ~ ~ ~8~~~8~g8~~tm~~J~~~~I~~~~~~BN~$g .~.~~*'~~ ~ <'><'>N____NN_ __N____NN_NN.~W~wwwww w~~.~~N~ f- N 9 ~~w~8~~~~B~~~~~~~~2~~~~~g~~~~~~~~2~~~o~~~~~~~ ~ '<I"MNMMNNNNNNN'" L() L()MNN~N '" M '<t "'..... ..... ""........ "''''''''<0....;'>.....",,,, in.... 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NORTH INLET ~ : ~ . l2 ~ . a-2 == ~~: '. 07"/05 -__ -100 -10 0 50 t 1110 200 250 DISTANCE SEAWARD Of DNR MONUMENT, rEEl ~ . z . ~ . l2 . . L == ~A~: _. - D'(IOO -100 -au 10 100 110 DISTANCE SEAWARD OF' DNR MONUMENT, f'EET ~ : ~ . l2 . . ~ m.m 11/11 101-2 _ OO:!.. _. - D'(/05 -'00 10 1 1 DISTANCE SEAWARD OF' ONR MONUMENT, fEET ,. ,. ,. ~ . . ~ . l2 . . a-2 ----- .// "..._, "/0' - DSZD' -4 - D7/05 . OF R-38 R-39 ~/" / 200 200 ... '~ R--40 / \,--- -----~ --- R-'" woe re&octcnd 2' IIOUth and 10.17" eallt of the old point Mtabhhed In "73 tn 2001. All of tM _O:kfer Dl"OfII-. (2000 and beton) .... ....,..., by 10.77" to be rw&attve to the _ (2001) hIonllfllei1t kloaKon. 'o.sr,l,~ [hGIN((R",*G [j1.~IM" "NO'E~MI1T1NG R--41 ------ " ----\\\, '--- 50 100 I 200 DISTANCE SEAWARD OF' DNR MONUMENT, FEET HllMIST< )N I!I MOORE ENGINEER CLAM PASS NORTH BEACH PROFILES FOR: COLLIER COUNTY OATE:l1 21 05 FILE: RMONS JOB FILE:13078 DATUM: NGVD 5679 STRAND COURT NAPLES. FL 34110 FAX: 239 594 2025 PHONE: 239 S94 2021 SCALE:1 -100 FIGURE: Cl HM ~ : ~ 4 ~2 ... . ~ ....,.. 11/.'. Cf-z _ 05"/CU _4 - 07/05 -1~ 0 ~ t~ , DISTANCE SEAWARD OF DNR MONUMENT, FEET ~ : t; ~ 4 l2 ~ . a-z == ~A~X: ... 01/05 -100 -10 0 10 1 110 200 DISTANCE SEAWARD Of' DNR WONUWENT, FttT ,. ~ . . t; ~ 4 Z 2 l! ~ . g-2 ------- 11/." - 05!0. _4 07/05 -100 -50 " ,. 1 SOUTH OF INLET ------~ R-.2 f\ / , / ""'"----,, '--~', "- ISO 100 1 OtSTANCE SEAWARD OF DNR MONUt.lENT. FEET / ... R-.3 / / (/ 210 ... HUMlsmN f!1 MOORE ENGINEER CLAM BAY SOUTH BEACH PROFILES FOR: COLLIER COUNTY OA TE: 11 21 05 FILE: RMONS JOB FILE:13078 OATUM:NGVO COjl,~rAl EHGitlEUUNG(;B:GN "ND 1'~~MI1TlNG I CI5 SCALE: 1 100 FIGURE: C2 5679 STRAND COURT NAPLES, FL 34110 FAX: 239 594 2025 PHONE: 239 594 2021 161 C 15 ~ 8 SHORELINE CHANGE (FT) ./. " o 0 0 '" o .. o '" o , '" o " w '" . I I ' I --t--H- I " w '" " m ... '" m ." m '" m z () m !II: o z c: !II: m z .... en ~- I .---t-- CLA PASS , , .0.0. : :&t ~ t ~ ~ ....-t-~~ 6 b 6 ;b . ~ c..> w f\.) (0 005" S' 8' r ~ ~ !!I ~ ~ :__w ~ '" o o r- :J> 3: "'llC/l :J>::J: 120 3:;:lI oll! z- _Z -1m 00 12::J: Z:J> GlZ ~Gl :gm '" ~ '" '" '" 16 Ie 15 WATER QUALITY SAMPLING UPDATE REPORT No.6 FOR PELICAN BAY AND CLAM BAY SAMPLE PERIOD - JULY, 2004 TO JUNE, 2005 PIu;PAREDFoR: PELICAN BAY SERVICES DIVISION NOVEMBER 2005 PREPARED By: -~ TURRELL & ASSOCIATES, INc. MARINE AND ENVIRONMENTAL CONSULTING 3584 Exchange Avenue, Suite B. Naples, FL 34102 161C15 Table of Contents I. Introduction 1.1 Background Information 1.2 Update Report NO.5 1.3 Purpose and Scope Description or Water Quality Sampling Program I I 2. 2.1 Sample Point Locations 2.2 Definitions and Sample Parameters 2.3 Sampling Results 2.4 Conclusions 2 2 2 4 List of Figures Figure I Location Map 5 Figure 2 Monthly Sample Point Locations 6 Figure 3 Sample Parameters Table 7 Figure 4 Average Annual DO Levels 8 Figure 5 Monthly DO Levels 9 Figure 6 Average Annual Nitrate Levels 10 Figure 7 Monthly Nitrate Levels 11 Figure 8 Average Annual Ortho-phosphate Levels 12 Figure 9 Monthly Ortho-phosphate Levels 13 Figure 10 Average Annual Total Dissolved Solid Levels 14 Figure 11 Monthly Total Dissolved Solids Levels 15 16/C15 1. Introduction 1.1. Background Information Pelican Bay is a 1200:t acre subdivision located in northern Collier County. See Figure I for a location map. The subdivision is served by typical infrastructure including public and private roadways; potable and irrigation water systems; a wastewater collection and pumping system; drainage; power; telephone; and cable. To the west of Pelican Bay lie Clam Pass and the associated estuarine system as shown on the enclosed aerial (Figure 2). This estuary serves as the receiving waters for the drainage from Pelican Bay. During the initial environmental permitting of Pelican Bay, the agencies required water quality testing within the Pelican Bay subdivision and the Clam Bay estuary to help evaluate the impact of development on Clam Bay. The water quality-testing program was first implemented by Pelican Bay Improvement District (PBID) starting in the early 1980's. In 1991, PBID became the Pelican Bay Services Division (PBSD), a dependent Division of Collier County. PBSD continued the testing program after 1991. PBSD is currently the responsible entity for the testing program. 1.2. Update Report No.6 The compilation ofthe water quality testing data was initially presented in a report entitled "Water Quality Report for Pelican Bay and Clam Bay", July 1999. Since then, there have been five update reports for water quality samples taken for the months of June 1999 through June 2003. Update Report No.6 will update the previous report by evaluating the water quality data collected between July 2003 and June 2004. 1.3. Purpose and Scope The purpose of the report is to present and evaluate the water quality testing data and to determine if there are any significant trends in the data. The scope includes: . Gather and cull the water quality data for the period July 2003 through June 2004. . Identify the sample point locations. . Describe the water quality testing parameters. . Identify any significant data trends. Page I of 4 16/ C 15 2. Description of Water Quality Sampling Program 2.1. Sample Point Locations The water quality testing is performed at several sample points within Pelican Bay and Clam Bay. The sample point locations are shown on Figure 2. There are ten sampling locations within Pelican Bay and Clam Bay. Sample points W-7, W-6, W-l, Seagate North, and UCBCRK are within Clam Bay, which are categorized as Class II waters by the Florida Department of Environmental Protection (FDEP). The remaining four sampling points are PB-13, PB-II, 13-Glenview and F-St. Lucia, which are located in Class ill waters within Pelican Bay. Until 1998, there was sampling taken at one point adjacent to the Seagate culverts. After 1998, sampling at Seagate was suspended. In 2001, sampling was resumed at two points: one on the north side of the culvert, and one on the south side. One purpose of the two sample points was to show if there were differences in water quality between Clam Bay and Venetian Bay due to the check valves installed on the Seagate culverts. Since the culverts were removed in January 2003, sampling has only been conducted on the north side. 2.2. Definition of Sample Parameters Sampling parameters for the monthly monitoring are provided in Table I (Figure 3). The first column gives the parameter label and name. The second column gives the units of parameter measurement. The third and fourth columns give the maximum contaminant level (MCL) allowable by the FDEP for Class II and Class ill waters. Some of the data parameters may not have a stated MCL. In this case, the data could be used as an indicator of some trend in the system. The final column of Table I gives the purpose and usage of each parameter. There are fourteen different parameters being sampled within the update period. 2.3. Sampling Results The sampling data are not included in this report due to volume of pages making up this information. All sampling information is available for review and inspection at the PBSD offices. Field notes, Chain of custody records, and Laboratory reports are included in this data set. Of all the parameters, dissolved oxygen (DO), nitrates, phosphates, total dissolved solids, and pesticides are discussed below. Discussion on these parameters is provided because they are the most indicative of potential water quality problems. The remaining parameters are not discussed because they all fall within normal and historic ranges for the sample areas. The enclosed Graphs show the trends seen in the discussed parameters over the last few years. We also looked closer at monthly fluctuations as well as the annual averages in this year's report. The monthly information can show if a single or catastrophic event Page 2 of 4 16/C15 contributed to a high or low annual average and can assist in interpretation of the data being presented. Dissolved Oxvgen (DO) Dissolved Oxygen is a measurement of the amount of oxygen available in the water. Aquatic life depends on oxygen in the water and low levels can be an indicator of poor health of an aquatic system. Equipment problems that had plagued this testing in past years appear to have been resolved this year and valid DO readings were once more collected for inclusion into this report. The measured DO levels fluctuated around the expected and acceptable levels at all locations and no adverse or alarming levels were observed. Figures 4 & 5 graphically depict the DO information. Nitrates (N03} Nitrates are nutrient components that are most often associated with fertilizers or vegetation decomposition. Excessive levels can lead to algal blooms, decreased DO levels, and decreased viability of the system. Nitrate values continue to fluctuate widely between sampling station and no appreciable trend is apparent. It is clearly apparent that waters within the development itself, Sample locations PB-13, St. Lucia, and to a lesser extent, PB-II, average higher values than the waters of the estuary. This is still a good sign in that it means the water management system and the vegetation between the berm and the pass is working to take up nitrates out of the water column prior to it going into the Gulf. Looking at the monthly levels, another pattern is observed. PB-13 and the St. Lucia stations seem to have periodic spikes in nitrate levels through the year. It is extremely interesting to note that these spikes correlate very closely with spikes observed last year. Both the timing and the nitrate levels associated with the spikes are very similar. We are trying to find out if these spikes are associated with lawn care activities such as fertilizing on the condominium or golf course grounds. As of the writing of this report, this information had not yet been ascertained. Still, average levels are not extreme and as stated above, the water management system seems to be doing its job in removing this nutrient component before it reaches the Gulf of Mexico. Figures 6 & 7 graphically depict the N03 information collected. Phosphates (OP041 Phosphates are nutrient components like nitrates that are most often associated with fertilizers. Like the nitrates, excessive levels can lead to algal blooms, decreased DO levels, and decreased viability of the system. Page 3 of 4 161 CIS Ortho-phosphate values also fluctuate widely between sampling station however the trend that started to become apparent last year is still progressing. It appears that waters within the development itself, especially sample locations PB-Il, and St. Lucia are trending towards higher phosphate levels. There is a lot of fluctuation but for these sites, the highs keep getting a little higher and the lows don't go as low as previous drops. This could be an indication of phosphate accumulation in the system and is something that we want to continue to keep an eye on. It is a good sign that this trend is not apparent in the open waters of the bay or pass. As with the nitrates, the water management system and the vegetation between the berm and the pass is working to take up this nutrient out of the water column prior to it going into the Gulf. The monthly pattern seen in the nitrate samples was not as apparent in the phosphate samples but, both PB-ll and the St. Lucia stations show phosphate spikes that correlate with Nitrate spikes. This could be another indication that these spikes are associated with lawn care activities such as fertilizing on the condominium or golf course grounds. As stated with the nitrates above, the water management system seems to be doing its job in removing this nutrient component as well before it reaches the Gulf of Mexico. Figures 8 & 9 graphically depict the OP04 information collected. Total Dissolved Solids (TDS) This is a measure of the mineral and salt content of the water. Generally, the higher the IDS content, the saltier the water. As with past years, this parameter was within the levels expected. The freshwater sampling stations showed low IDS levels while the estuarine sampling stations showed higher levels. The one exception was a drastic spike at the Glenview monitoring station in April. Since this is the last sampling period associated with this report, it appears as an anomaly when compared to the rest of the data. Subsequent monitoring also indicates that this was a fluke reading most likely associated with sampling error or an equipment malfunction. Figures 10 & II graphically depict the TDS information collected 2.5. Conclusions This year's testing did show that most parameters are still reacting as expected and the storm water management system appears to be doing its job by tying up or removing nutrient and pollutant parameters before they reach the Gulf of Mexico. The phosphate trend observed at a couple of stations warrants continued testing and observations. In addition, more investigative work will be conducted in the upcoming year to determine (if possible) the source of the spikes observed in both the nitrate and phosphorus levels. The results of these investigations will be commented on in future water quality reports. Page 4 of 4 ~ Q ~ rt o ..J 11- u- o IJj 1- .{ 1-': (f) ~ " w 3 8 If! ~ u ~ --~""," C IIS_lallnge \9845CWnB.y ILCXUMP_dlog ~ ~ i ~ w o z ~ rl r w z ~ ;; LF OF MEXICO ~ b~ w~ ~o ~" "'" ~ ro ~ z ~ ~ ( 9 .J o ,,/" -~ (?~~~ 0 '__~ -. , ~ y>- ::;: Ulq ti: ~" ~ ~" ~ /"r-1O?-;" i?=') '" I- -' ..,--- / ~ 15 '" W ' lllw 0'" 0.'" 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". 16' C 1.5 A CLAM BAY SUB-COMMITTEE MINUTES - November 9, 2005 Naples, Florida LET IT BE KNOWN, that the Clam Bay Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, November 9, 2005 at 1 :30 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. M. James Burke, Chairman Mr. David Roelllg Mr. John Domenie Donald Spanier (Absent) ALSO PRESENT: Two Seagate residents, one Pelican Bay Services Division Board Member; Mr. Gary McAlpin, Coastal Projects Manager, Collier County; Mr. Jerry Camiener, CAC Advisory Board Member; Mr. Todd Turrell and Ms. Kara Cave, Turrell & Associates; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary AGENDA 1. RollCall 2. Approval of Minutes of the September 7, 2005 Meeting 3. Audience Participation 4. Clam Pass Inlet 5. Beach Renourishment 6. Clam Bay Hurricane Damage 7. Annual Report Status 8. Committee Requests 9. Adjourn ROLL CALL Mr. Burke called the meeting to order and asked that the record reflect that Mr. Donald Spanier may be arriving at the meeting late. APPROVAL OF MINUTES OF THE SEPTEMBER 7. 2004 MEETING Mr. Domen/e moved seconded by Mr. Roelllg and approved unanimously, the Minutes of the September 7, 2005 meeting. AUDIENCE PARTICIPATION There were no comments from the audience. CLAM PASS INLET Mr. McAlpin stated, "If it is appropriate, I would like to explain the proposal that is being made, so that there is ciarity and understanding, then answer any questions that anybody may have". 551 Clam Bay Sub-committee November 9, 2005 16 , C 1~,5 A Mr. Burke replied, "Very good". Mr. McAlpin stated, "I am going to use a CD-Rom and also a print as part of the presentation". We have been working with Mr. Burke, Mr. Domenie and Mr. Lukasz from Pelican Bay and Dr. Buser, who is the Seagate representative, to come up with what we believe is a reasonable plan for us to not only dredge Clam Pass, but also to use the fiil area to fill Clam Pass Park. The mouth of the pass was dredged approximately seven years ago to improve the tidal flushing in that area. Since that time, through historical data, we know that the area of Clam Pass Beach has accreted approximately 70,000 cubic yards of material. We also know that the area where the park is iocated has lost material to the tune of approximateiy 30,000 cubic yards. Why is that? Typically what has happened in the past is that as you increase the throat connection you have less velocity leaving the pass. With less velocity the migrating sand settles and creates a sand trap. That is why the area has built up with sand. We know that we have to renourish the Clam Pass Park and the Park has seen the brunt of not having been renourished. A survey was just completed that shows that from Station #00 back to Station #18 there is approximately 10,000 cubic yards of material. Mr. Roellig asked, 'Was this survey taken before or after Hurricane Wilma"? Mr. McAlpin replied, ''The survey was before Hurricane Wilma". The mouth has changed a little, but we do not feel that will affect the plan. We have also developed a dredge box. When we calculate the 10,000 cubic feet of material, it is from a depth of 5.5 feet to a depth of 4.0 feet and we know that there is beach quality sand and that the grain size is adequate for placement on the beach. There is approximately 20,000-25,000 cubic yards of material from Station #00 down to the dredge area that we are looking at and at a depth of 5.5 feet. What we are proposing is that we need approximately 30,000 cubic yards of material to renourish the beach. We are going to get 10,000 cubic yards through the pass, which Is going to improve the tidal flushing. All of experts have agreed that it wiil improve the tidal flushing and not hurt the mangroves. When we dredge the shoal area to remove 20,000-25,000 cubic yards, the build up on the beach over a period of time, which we believe will be within approximately eighteen 552 Clam Bay Sub-committee November 9, 2005 161C15A months because of the cross flow of material, is going fill this sump area. If we dredge 20,000- 25,000 cubic yards from that area, it is going to take 20,000-25,000 cubic yards from the beach area and replace it into the sump area. The net affect that we are looking at, is that instead of the 70,000 cubic yard accretion that you are seeing right now, there is going to be an accretion closer to 40,000-50,000 cubic yards. This is a balanced plan and satisfies the need of renourishing the park; it takes some of the sand from the north end, some of the sand from the channel and is a compromise all the way around. To further assure Pelican Bay that we have the best interest of everybody in the entire County, because we represent the beaches in the entire County, we are willing to set specific conditions within the permit modification that we will achieve from FDEP. In it we identify a line, that if we have miscalculated, we will come back and renourish the beach with TDC funds. We will work together to establish that point with Pelican Bay and the FDEP when we do the permit modifications. That is essentially what we are talking about. Mr. McAlpin showed a graphic of Clam Pass during 1988. You can see that the beach is relatively straight. The next graphic is of the beach in 1999. Both of these graphics are prior to the dredging for tidal flushing. On the current graphic you can see that there is an offset of approximately 200 feet. This is where sand has built up and was not there in 1988 or ten years ago. Mr. Domenie stated, 'When was this picture taken"? Mr. McAlpin replied, "It was taken within the last year". Mr. Domenie stated, "You cannot compare it with 1988 because in 1988 the present pass did not exist". In 1988 the pass was further south. Mr. McAlpin replied, "The pass was there and this is a pass that tends to move to the north and to the south and, yes, you can compare it". The point we are trying to make is that as a result of the dredging for tidal flushing, you have seen a lot more accretion to the north. Mr. Domenie stated, "In 1988 the restaurant area extended down to the old pass and we have had water under the corner of the building from time to time". There is a concern, that if you start taking sand away and we get a storm, there may be water under all of the buildings. 553 Clam Bay Sub-committee November 9, 2005 16/C15A Mr. McAlpin replied, 'What I have said was, that to provide a level of insurance that what we were doing is correct, that we would create a point whereby if we pass that line, which will be jointly determined with you and the State and that hasn't been done yet, we will renourish the area". Mr. Domenie asked, 'Where will that renourishment come from"? Mr. McAlpin replied, "CAC funds". Mr. Domenie asked, "How"? Mr. McAlpin replied, "In all probability, an offshore source". Mr. Domenie stated, "I have a concern that if you go to the CAC and say we want to bring in 20,000 cubic yards of sand for Pelican Bay, bring in a dredge and place it twenty miles out, the mobilization cost is going to be $500,000; I seriousiy doubt that the CAC would go along with that". Mr. McAlpin replied, "If it is a condition of the permit, the CAC has no choice". It is a deal between the State and us, to satisfy the requirements of the permit. We can't be in violation of a permit. That is why this is not just a deal between Pelican Bay and the CAC. We are putting this as a special condition of the permit to give you that level of assurance. I don't know how we wouid do it, but we would get the sand in a way that would be economical. I am not saying we would truck it or we would get it from forty miles off shore. I don't know how we would do it at this point in time. That is really not the point. The point is that we would be willing to satisfy the requirements of the permit. Mr. Domenie stated, "My concern is that if it starts to erode and we come to you and say, according to the contract you have to bring in sand; you come back with, we can't do it now because it is turtle season". By the end of turtle season, who knows what will have happened to the buildings. Mr. McAlpin replied, "The reason we renourish the beaches is for the protection of buildings". If it is in the best interest of the public we can renourish during turtle season, it is not something that we like to do, but we just did it at Hideaway Beach. We put 270,000 cubic yards 554 Clam Bay Sub-committee November 9, 2005 161C15A of sand on the beach during turtle season. If it were a question of the buildings being in jeopardy, we would take immediate action to make sure that they were not compromised. Mr. Roellig stated, "Hideaway Beach had no turtle problems". Is there a report prepared by FDEP on this? Mr. McAipin replied, 'What I have given you is what has been developed". Mr. Roeilig asked, "Is there a report"? Mr. Burke replied, "Coastal Engineering has it". Mr. McAlpin replied, "It is not a formal report". This is what we have right now. Mr. Roellig stated, "I am surprised that you still use this drawing". The channel used to flow through here not long ago and it moves back and forth. You can't do engineering based on photographs taken every five years. There is no discussion about that. Mr. McAlpin replied, "I beg to differ with you". What we are interested in is that we know there is accretion and we know that there is more sand there and how the configuration is, is not so important. What is important is the area that we are iooking at where we know there is going to be displacement of sand. We are willing to do whatever we have to do in terms of establishing this profile, based on the current profile, which is a not to exceed point, and we will do that. Does it really matter? Yes it does, but it is not so important. What I am trying to do right now is sell a conceptual plan. That is the most important thing. Mr. Roellig stated, "If you go out there right now you will see that there is still a sign that says "Beware of stumps". That is because it has not been that long ago that the stumps were exposed. Mr. Domenie stated, "I took pictures of that area on Sunday before the storm and also on Tuesday after the storm". Mr. McAlpin replied, 'We have taken a detailed survey after Hurricane Katrina and Hurricane Wilma". This pian was generated after the survey from Hurricane Wilma. Mr. Domenie stated, "That is the same plan that you presented to us a month ago". 555 Clam Bay Sub-committee November 9, 2005 161 C15A Mr. McAlpin replied, "Excuse me, this plan was developed after Hurricane Katrina and will be confirmed after the data from Wilma is received". There was tremendous concern about tidal flushing. I just have not put it on new aerial photography because this is the latest aerial picture that I had available. Mr. Burke stated, "At our pre-hurricane meeting, Mr. Humiston and Coastal Planning and Engineering were both in agreement that the plan would not affect the flushing of the inlet or the mangroves". They were both comfortable with that. Mr. McAlpin replied, "Yes". They felt it would improve the fiushing. Mr. Burke stated, "Mr. Humiston's big concern was the extent to which the north side of the beach would have to fill in that shoal". He was not jumping up and down about it, but he is concerned and thinking that it might be much more serious than we were anticipating. I aiso recall talk about the erosion of that part of the beach to fill in the shoal back to 1998. Mr. McAlphin replied, "During 1998 there was basically no offset between the two beaches". If you remember, Mr. Humiston is the one who suggested that we add special conditions to the permit to protect Pelican Bay and we are willing to do that. Mr. Burke stated, "Nobody is arguing about the fact that the beach is going to act to fill in the shoal". It is going to happen. Let's say it does happen and you have to come in and use TDC Funds to renourish the beach, does that require a whole new permit or will you do it from the permit that you are hoping to get from the State? Mr. McAlpin replied, "The permit that we were looking to modify would have that as a condition of the permit". We would not need to get another modification to the permit. Mr. Domenie stated, 'We are going to remove that shoal, which is a natural shoal, because it will come back". We remove it and put it in the liil area, no problem. In eighteen months, sand has drifted from the Sandpiper to fill that hole, now we are going to bring sand to put on the beach and at the same time we are going to again dredge the shoal and place more sand on the fill area because you want to get rid of the shoal. Why don't we just dredge and put 556 Clam Bay Sub-committee November 9, 2005 161 elSA the sand on the fill area and you won't have to dredge the shoal or worry about the Pelican Bay Beach? Mr. McAlphin replied, "I am not sure we will have to bring sand in within eighteen months". We believe that if we take 25,000 cubic yards, the most you are going to see displaced is 25,000 cubic yards. Remember we have a cross-beach drift and you are going to get that natural drift. We don't think you are going to get the impact of 25,000 cubic yards, but we are willing to make those assurances. The real issue is that if we bring sand in to renourish the beach right now, you are talking in the range of $40.00 a cubic yard. It will cost approximately $27.00 -$30.00 to put the sand on the beach and then money to truck it and spread it in the needed location. It will be much less expensive to get the sand from this location and put it on the beach. We don't have the permit to do that either. Mr. Domenie replied, "You don't have a permit to do the dredging either". Mr. McAlphin replied, 'We have a permit to dredge the channel, we need a modification to dredge the shoal". Mr. Burke asked, "How far north of the fill area would the renourishment take place at the park"? Mr. McAlpin stated, "We worked that out with the State". The area in front of the pavilion is where it will be concentrated. We are looking to get conceptual approval and this is what we would like to present to the State and would like to say that we have been able to work out. The other party who is part of this equation is Dr. Buser who represents the Seagate Association. Mr. Roellig stated, "A couple of years ago we spent $130,000 to put sand on the beach north of here". We are now looking at spending $1,000,000 of Pelican Bay's money to put sand up there. The sand we are going to put up there is going to move and the County wants to dig a hole and move sand further south. Obviously, there is going to be sand there because we are paying to put it there. I don't think that is right. If they feel that they need 25,000 cubic yards of sand, they should pay for the sand that we have already paid for. 557 Clam Bay Sub-committee November 9, 2005 16/C15A Dr. Buser stated, "The way we look at it is that this is a public beach and there is a Florida Statute which addresses how a public beach area near an inlet is to be renourished". That Statute says that clearly the renourishment is to be from the flood and ebb shoals. There has been an accumulation of sand on this side of the beach and the south needs to be renourished. You don't want to take the stance that our beach is fine, so let the general public pay a premium for their sand on the south side. Let them get the sand from where they are supposed to get it, according to Florida Statute, and put it on the public beach. The argument falls a little short to most people that this beach is fine why mess it up, let the public pay extra for their sand and truck it in. That is how it sounds. Mr. Roellig replied, 'We are paying for that sand". Dr. Buser relied, "But you did not pay for the accumulation of this much sand; it came at the expense of the public beach". Mr. Burke stated, "Mr. Roellig is saying that is not a freebie, it came from the money that we put into the renourishment a little further north". If we wanted to be adversarial we could say as long as you are renourishing the beach, do that fill area also, but the reality of it is, it is not going to happen that way. Mr. McAlphin stated, 'We put sand to the north also". Every other year we put at least 50,000 cubic yards of sand in the neighborhood of Barefoot Beach and Wiggins Pass. It is a combination effort and we get the natural flow of sand across County. Dr. Buser stated, " I think you are getting the reassurance that if there is harm done to this area, there is a remedy, which I think is great because previously there was no money available". Since the public funding is going to be spent to renourish the public beach and there is a potential for an adverse affect, they are planning ahead for a solution to a potential problem that they really don't think is going to happen in the first place. It just seems like such a good balanced approach, where we know we need to renourish because that beach is tremendously overcrowded. 558 Clam Bay Sub-committee November 9, 2005 161C15A Mr. McAlpin stated, 'We tried to deveiop a plan that was equitable to all parties, with the assurance that we were not going to be stealing your sand and also be able to do what was right for the public beach and also at the same time, flush the mangroves". This agreement would not be between us, but with the State and would contain special conditions on what would happen if it needed to be renourished. I don't know how much better we can do. Mr. Roellig stated, "How about putting back the 850 feet of sand that you have taken out of the plan, which was basically north of Seagate". You reduced the amount of beach that you were going to renourish north of Seagate. Mr. McAlphin replied, "It is not 850 feet". The most that we have taken out, in the transition area north of Seagate, is approximately 15,000 cubic yards. Mr. Roellig stated, "I don't know why you would take it out if you were short sand". Mr. McAlpin replied, 'We believe that it is not in a critical area and is not in the area we are talking about". We are talking about the area at Station #42 and the area that you are speaking to is significantly south of that. That sand is not going to go from south to north. Mr. Roellig replied, "It certainly is". Mr. McAipin stated, "The predominant flow of sand on this coast is north to south, not south to north". Mr. Burke stated, 'When we started this, no one had any problems with that beach needing renourishment". Our concerns have been, and were enflamed a little at the workshop, when it was said that if you break it you are going to have to pay to fix it. As far as I am concerned, we have been reassured that the flushing is not going to be affected and it may be improved. There is not going to be a negative affect on the forest and there is a safeguard that if our part of the beach starts to disappear, TOC Funds will be used to renourish it. Mr. Camiener stated, "I am a Pelican Bay resident and member of the Coastal Advisory Committee". As I am looking at this I am trying to understand the history. As I understand the comments from earlier, I believe the pass was located further south. I am trying to understand 559 Clam Bay Sub-committee November 9, 2005 161C15A what has happened, historically. If you take a look at the sand, this area was not here when we did the first flushing. Mr. Roellig stated, "That is very typical of passes, they move back and forth". Mr. McAlpin stated, "In the 1988 graphic you can see the pass from seventeen years ago and it is still exiting north". Your exit has been in the same approximate location as it is. It will shift a little to the north or south. Mr. Camiener asked, "It appears as if when the pass was moving northward it was getting closer to the buildings and I was wondering if you moved the pass slightly southward, would you protect the buildings"? That wouid give you some additional sand. Mr. McAlpin stated, "If your look post-hurricane, what we have tried to do is to straighten the pass out". What we have tried to do is to get a better tidal fiow by straightening the pass out. I think this pass was going further north and now it tends to go out straighter, post Hurricane Wilma. Hurricane Wilma has somewhat straightened the pass out. Mr. Camiener stated, "I am concerned from what I heard earlier about the water going north". Mr. McAlpin stated, "As we straighten out the pass that area will become a quiet area, with less velocity and with less velocity more sand will settle. Mr. Camiener asked, 'What would happen if you moved the pass more south, you would have more sand in the back"? Mr. McAiphin replied, "I can't comment on that". I think straightening the pass is a more positive benefit, so we are willing to do that". To a certain extent, Mother Nature is going to do her thing. The other point that we need to make is that this is a situation that is going to continue. We are not going to do it just once, but every three years you are going to have to dredge for tidal flushing and every three years we are going to have to go through and probably have to renourish this beach. We are looking at a situation where this pass has been very manipulated in the past. It is still manipulated and you heard the State say that. What we are looking at is a concept, or 560 Clam Bay Sub-committee November 9, 2005 161C15A scope, that will help you with dredging for tidal flushing and help us renourish the County Park Beach. I have estimated this project at a cost of approximately $500,000. Mr. Domenie stated, "I am asking for cubic yards for the shoal". Mr. McAlpin replied, 'What we have said is that it is going to be approximately $100,000 for the permit, we are hoping to be able to use a mechanical dredge, as opposed to a hydraulic dredge, and believe it to be approximately $300,000. If you have $300,000 and 30,000 cubic yards it is in the $10.00 range. Mr. Domenie stated, "At the moment it is $17.00 per cubic yard". Mr. McAlpin replied, "At the moment is it $27.00, plus some that will have to be trucked, which will be $15.00-$20.00 per cubic yard for trucking". Mr. Camiener asked, "In this concept you are talking about some kind of agreement on an east/west basis as to a certain point where you would take remedial action". Would there also be a north/south point? The north/south point is important as far as moving into the building area. Mr. McAlpin replied, 'What I would say is that we would sit down with the Pelican Bay representatives, your consultant, our consultant and FDEP and work these conditions out". If north/south assurances make sense, we will do something like that. We want to protect you and to protect ourselves. Mr. Burke asked, 'When does the permitting paperwork have to be into the State"? Mr. McAlpin replied, "We believe it will be a six month issue to modify the permit". What is Important now is that if we can reach consensus, we want to go to the State and say we have reached a consensus with Seagate and Pelican Bay and this is how we want to do it and what our thoughts are. They can then tell us that we will have a permit modification or that we need a new permit. We need to start working the details with the State and I don't want to do that and have them ask if everyone is in agreement and have to say that we are not. That is what I am looking for. 561 Clam Bay Sub-committee November 9, 2005 161 C15A Mr. Burke stated, ''This Sub-committee needs to go to the full Board at today's meeting and say that this plan has or has not been accepted and we recommend that the full Board vote to move with it". Mr. Domenie stated, "One of my concerns is that in eighteen or twenty-four months, if we have a problem with the beach and we come to the CAC and they say alright, that when the information gets out to the public that the CAC is going to spend $400,000 to renourish Pelican Bay beaches and there is no public access, there is going to be an uproar and it will be stymied". No matter what the agreement says, there is going to be a public uproar about using public funds to replen ish Pelican Bay beaches. Mr. McAlpin replied, "On Monday of this week I reviewed this plan with Mr. OChs, the Deputy County Manager, and if it is an agreement with the State, they would stand by that agreement". I believe that we have a commitment from the CAC and the County Manager to do this. I don't know where else I can go with this at this point in time. When we have this plan finalized I think it is appropriate that we take it to Commissioner Halas and also to the Board to get their input to it aiso. We couid provide the safeguards so that you are not holding the bag and I think we are willing to do that. Mr. Burke stated, "Our okay to move forward is to continue developing the plan". Essentially, what you have in piace wouid be okay if we voted to do that and as you continue along over the next few days or weeks the safeguards would get more specific, is that correct? Mr. McAlpin replied, "What I want is agreement on a conceptual plan". Then over the next six months we are going to define the plan, which will be part of the permit. As we move further along we are going to funnel that conceptual plan further down into the specifics of where the safeguards are and that ultimately will be written into the special conditions of the permit. Mr. Roellig stated, "I am not comfortable in moving forward without an actual engineering study". Mr. McAlphin stated, 'We have had an engineering study". Mr. Roellig replied, "I have not seen it". 562 Clam Bay Sub-committee November 9, 2005 16 Ie 15A Mr. McAlphin stated, "I will see that you get it when it has been wrapped up". We have gone through a literature search and a search of all of the beach surveys and documentation. You saw the results of the meeting with Coastal Engineering and FDEP. Mr. Roellig replied, ''That was verbal". Mr. McAlpin stated, "An engineering study has been done, but it has not been committed to paper". I believe it is more important to come up with a plan that we can take to the State, but that will be a part of it also. Mr. Burke stated, "As I recall from our meeting, Mr. Humiston and Coastal Engineering have been either working together or communicating back and forth". Mr. McAlphin stated, "Both have agreed that with the safeguards we have talked about, this is a workable scenario". Mr. Burke asked, ''To wrap up this session, we need to go to the full Board and say that we are in conceptual agreement with this and recommend that we work with Mr. McAlpin to move ahead with the conceptual plan and to work to build in the specifics, is that correct"? Mr. McAlpin replied, "That is correct". Mr. Burke asked, "Mr. Domenie, do you or Mr. Roellig entertain a motion to do that"? There was no reply. Mr. Domenie stated, "I am willing to put a motion for conceptual approval, depending upon all of the ands, ifs, or buts". Mr. Roellig stated, "That does not really mean anything". Mr. Domenie stated, "I would say just bring it to the full Board stating that this Sub. committee has neither endorsed nor objected to the concept". Mr. McAlphin stated, "I have to say that Pelican Bay can back out at any point". You could make the decision with the State that you do not support this plan moving forward, if you feel that the details that were worked out do not satisfy the spirit of what we are talking about. You could always, at some point in time, say that we are not in agreement, which would stop the project. I think you have that option. I am not asking you to say yes we are going to do it, what I 563 Clam Bay Sub-committee November 9, 2005 161 C 15A am asking for is a commitment to say that we have a conceptual plan that we can agree on, in general, and we are agreeing that we are going to continue to flush out the specifics of the plan. Mr. Domenie asked, "If we decide not to do anything, you will still go ahead without our okay to dredge the ebb shoal, is that correct"? Mr. McAlpin replied, "I don't know what we would do". We have made a commitment to Commissioner Halas that we were going to get with you and work out the details of how we deal with the pass and the park. I think we have to exhaust all options before we go back to Commissioner Halas and say we have not been able to reach an agreement. I don't know what we would do at that point and would not want to comment on that at this time. Mr. Domenie stated, "Some of us feel and I am very concerned that if you go to the CAC and say that we want $400,000 to put sand on Pelican Bay beaches, which are not open to the public, that is not going to fly". No matter what the contract says, there is going to be a public outcry and the Commissioners are going to say that it can't be done. Mr. McAlpin stated, "I am not sure if you know it or not, but every third year $300,000 has been allocated for dredging". Mr. Burke stated, 'We are not being asked to approve a plan, we are just being asked to be in agreement to move this concept forward". Mr. McAlpin replied, "I am asking you to agree to a conceptual plan and approach, on which we will continue to work the details and at some point in time you will have the option to bring it back to your Board with the specific details". Mr. Burke asked, "Do we need a motion to go to the full Board, or do we just go to the Board and say here is where we are and what is taking place"? Mr. Domenie stated, "I am going to throw a monkey wrench even further into this issue". If annexation goes through, will that in any way affect this work? Mr. McAlpin replied, "The CAC is responsible for all County beaches and we represent the City of Naples, as well as the County". You would be dealing with the same cast of characters. 564 Clam Bay Sub-committee November 9, 2005 161 C 15A Mr. Carroll asked, 'Why don't you make the motion"? Mr. Burke stated, "As I recall the direction of the Board of County Commissioners at the meeting was for all concerned parties to get to something that included the interests of all". From what they charged us to do, I think we are there. Mr. Burke moved seconded by Mr. Domenle and approved on a vote of 2/1 that the Clam Bay Sub-committee advise the full Board that a conceptual plan has been developed and that the Coastal Project Manager and the CAC Is asking us to provide our approval to move forward with the development of a specific plan. Mr. Roellig cast the dissenting vote. ~ -~ --- -------- --- ~---- Mr. Domenie asked, "Are we throwing it to the full Board, without any endorsement from us". Can we do that? Mr. Burke asked, 'Why not"? We worked with the CAC on this and at least in Phase I there is something for all of the interested parties, the beach gets renourished if it gets to that point and we have safeguards if we start to lose sand from the beach. I am not worried at all about whether or not they would come through with the money to do it, it would be a directive of the permit. Mr. Domenie stated, "The full Board would have to approve it". Mr. Burke stated, 'When you go to the State you are going to want to say that the interested parties are Pelican Bay and Seagate". Dr. Buser stated, "Our primary concern is the beach and the larger crowds that are being put there and more flushing". Mr. Domenie stated, "I would like to hear the feelings of the residents of Naples Cay". Dr. Buser replied, "I think they are in agreement with any flushing because they are in a stagnant area". That is the major driving force, because we have always been under the impression that Pelican Bay is bearing the brunt of these expenses. Tome, it seems as though there is actually public funding available for a public beach renourishment project that actually accomplishes some of the things that are a source of expenditure for Pelican Bay. With this, you get the safeguards. You could get a category four or five storm next season and even if there was no dredging you might have erosion for which you have no remedy other than your own 565 Clam Bay Sub-committee November 9, 2005 161 C 15A funds. If this project is enacted, you would have a potential remedy. If those safeguards are appropriate to the larger structures, it is a pretty good setup for everybody. Mr. Domenie asked, "Could it be a revised motion that we present it to the Board without comment"? Mr. Roellig stated, "I don't know what the purpose of that would be". Personally, I think it is a iittle premature. It is possibie in the future that I would have to support this, but I don't have enough information or anything to review. Mr. Burke stated, "Support the concept". Mr. Roellig stated, "I can't support a concept, if I don't know the details behind it". Dr. Buser asked, "Can you support the concept pending the safeguards of the structures"? Mr. Roellig replied, "I am not comfortable moving ahead on something I don't have the details on". Mr. Domenie asked, 'Why do you limit your dredging to one area and not extend it"? Mr. McAlpin replied, "Because we were trying to straighten out the channel". If you look at it, it is about centerline and we believe that a straight channel is going to be best for channei flushing. Mr. Domenie stated, "I can remember when my wife and I never swam at the pass because after a heavy rainfall you would get the tannic acid coming off of the mangroves". The pass area is always brown, which indicates the water is moving north instead of south. Mr. McAlpin stated, 'We just completed the survey and it indicated that this was a source of sand that had the correct grain size and in the right quantities that were needed to renourish the beach". We want to have a coarser grain of sand because it is denser and will stay on the beach longer than a finer grain of sand. That design is based on the recent survey. Based on this being an old drawing, "P" may not be there any longer. If you would like, we will work with you and your group to come up with a dredging area that makes sense. I don't have a problem 566 Clam Bay Sub-committee November 9, 2005 161C15A with that; you are going to sign off on all of the final issues. That was the basis for right now, based on the recent survey data. If it has to be tweaked, we can tweak it. Mr. McAlpin stated, "I want to comment on Mr. Roellig's comment of this being premature". During this process of continuing to refine the plan, we will issue a document package that will be provided to you, which may be a month from now. Mr. Domenie stated, "Here there are only three voices, the full Board may have other ideas or may say they think this is an excellent idea and move forward". I still think we would like to see an aerial of where we stand today, realizing that it has changed over the past fifteen years. Mr. Burke stated, "Conceptually, that is not going to change anything". There is enough sand out there to renourish Clam Pass Park Beach and to have the safeguard to protect us against erosion is simply where we are. As you continue along with this, it is going to all be tied together. Mr. McAlpin stated, "I am more concerned about our getting into the State for a permit". It takes a tremendous amount of time to work through the permits. I want to get in front of the State and say that this is a conceptual plan that we have developed; we have conceptual agreement on it, now provide us with your input in terms of what we have to do for a permit. Their input may come back to us and we may have to change our approach. I don't think it will, but that is the critical path. Mr. Burke stated, "Maybe we don't need a motion to the full Board". Maybe we just go to the Board and say here is where we are. Mr. Domenie stated, "I think it would be better to go to the full Board and say that we have had a presentation and Mr. McAlpin, will you be able to make the presentation to the full Board"? Mr. McAlpin replied, "Yes". Can I take this to mean that we have passed the conceptual agreement and can go to the Board with it? I want to be able to say that you are in basic agreement with this plan. 567 Clam Bay Sub-committee November 9, 2005 16 Ie 1 5 A Mr. Domenie stated, 'What we are saying is that between the three of us, there are not enough voices that we can speak for the full Board". We want the full Board to hear this presentation and make the decision. Mr. McAlpin replied, "That is fine, I can do that". Mr. Roellig stated, "I don't want to be an obstructionist, but 1 can't agree with it without an additional study". The bottom line is we are paying to put sand on the beach and they are taking sand off of our beach. If you think that is a good idea that is your opinion. Mr. Domenie replied, "I don't, but that is why I am saying allow the full Board to decide whether it is a good idea or not". BEACH RENOURISHMENT Mr. Burke stated, 'We are running out of time". Mr. McAlpin, can you provide us with some information on beach renourishment, where we are, start date, etc. I know you are resurveying. Mr. McAlpin stated, 'We are resurveying the beach". We completed the survey after Hurricane Katrina, which identified that there was more erosion than what we had allowed for. For your area, I believe the number is now 43,000 cubic yards. We have resurveyed after Hurricane Wilma and we will have those results back to you by your next Board Meeting and those will be the final numbers. Mr. Domenie stated, "As I understand it, we started at $870,000, we agreed to $1,000,000 and after Hurricane Katrina you came back and said $1,100,000 and we said we would not go the additional amount". Mr. McAlpin stated, "That number will change after Hurricane Wilma". I do not have that number yet, but will have it within the next two weeks. Mr. Burke asked, 'What are your time lines now with all that has happened"? Mr. McAlpin replied, "They have been pushed back". We have received our Army Corps of Engineer's Permit; the last issue is the Notice to Proceed by FDEP. We will probably start 568 Clam Bay Sub-committee November 9, 2005 161 C 15A work in January and we still have enough time to complete the work prior to turtle nesting season, which is May 1 sl. This job will happen this year. Mr. Roellig stated, 'We had talked about 36,000 cubic yards and pre-construction the number was 43,000 cubic yards and we don't know what the number is after Hurricane Wilma". Mr. McAlpin replied, "That is correct, but you will know that number within the next two weeks". Mr. Roellig stated, "This is not a project that you can just shave and still have a good project". You have to look at the facts and make the decision. To say that we wouldn't go for the money, I don't know. I just have to see the numbers. Mr. Burke stated, ''We may be at our limit money-wise". Mr. Roellig replied, "Then we should decide to do something else". CLAM BAY HURRICANE DAMAGE Mr. Lukasz stated, ''There were substantial trees knocked down in the Clam Bay system". We started to clean some of the interior channels and did clear some of the downed trees from the creeks. There are still a lot of trees to be removed and we are in the process of getting a contractor started on that work. There are also a lot of downed trees within the mangrove forest, which will require the Board to make a decision on how extensive of a removal process that you want to start. Mr. Domenie stated, "After Hurricane Charley, I was under the impression that within fifty feet of the boardwalk things would be removed". After the last meeting we decided to discuss it further. Mr. Lukasz stated, "At the discussion that took place in lieu of the Budget Sub-committee Meeting, we discussed possibly not removing anything and to look at the downed trees with Mr. Hall from an environmental standpoint". Mr. Hall has said that other than aesthetics, there probably is not an environmentai benefit in removing them. There has also been a lot of leaf loss. 569 Clam Bay Sub-committee November 9, 2005 161 C 15A Mr. Burke stated, "It was interesting that over the past year when we have talked about the channels, people have asked me about them and apparently they are paying attention to their value". Mr. Lukasz stated, "The contractor was out there last Thursday and Friday clearing out some of the blocked areas". Mr. Domenie stated, "I have not seen a single Fiddler Crab since the hurricane". Mr. Lukasz asked, "Do you want to discuss the parameters that you want for removal of the downed trees in the general mangrove forest"? We can do the ones at the immediate edge. Mr. Burke asked, "Are you comfortable with not going in fifty feet"? Mr. Lukasz stated, 'We could selectively remove them at the immediate edge, along with the ones downed in the creeks and interior channels". Mr. Domenie asked, "Does that fall within the $165,OOO"? Mr. Lukasz replied, "That is within the scope". ANNUAL REPORT STATUS Mr. Todd Turrell stated, "The Annual Report is coming along and on schedule for a December presentation". Mr. Lukasz stated, 'We have generally provided the Annual Report in December". We have had special meetings and have also done it during a regular meeting. Mr. Burke asked, 'What worked best for us"? Mr. Carroll stated, "One year we asked everyone to come an hour earlier in order to not have a separate meeting". Mr. Burke asked, 'Will the Report be ready by the first week in December"? Mr. Turrell replied, "Yes". Mr. Burke stated, "We will have our regular December 7'" Meeting start at 2:00 P.M. instead of 3:00 P.M.". Mr. Domenie asked, 'Will the report be available to us prior to the meeting"? Mr. Turrell replied, "Hopefully". 570 Clam Bay Sub-committee November 9, 2005 161C15A Mr. Burke stated, "I read last year's Report and was really impressed with it". I came to the meeting and asked if anyone in the State really read this Report and everybody joked. When the State was here for the Naples/CAC Workshop, Mr. Brantley was quoting from it and I found that he really does read it. ADJOURN There being no further business the meeting adjourned at 2:55 P.M. James Burke, Chairman 571 w ~.~ 0 .!j:;lD . W <0 " " g 0'" .. " wi .. ~'~:;;~ .. 0 > ~ ill 0 m z '" 0 w ~ ill lS", ::i gm: w <0 p'::!: "- Jj.lXI < W .5 is ~::i; ~ ~m <( w ~'::!i ~ir:c; iw ~:::!:; 0 < ~:m 0 . ~ .w ~ .!!1 ~i::!: >- :; ~ ~ ill .. .. .:Eiln .n x w w ~L:iii ls.;m ~ " w E < , "e <0 " if> a. 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" c u c 2 - 0 . c ~ c c 0 ~ ~ ~ iii C ~ c 8- m .. . . c '" 'S 0 E '" . c ~ " c ~ 1" .. . . . ;; c " 1:: ,Q al " c .. . ~ ~ .!! c 0 E ;I; ~ c . c .!! U c 1" ~ ... .. m m ';; c U N l; " 0 ~ Z " " " " . m _ ~. i u ~ al- . C . ~ E. al mE u~ Q~ ~e N .. .. ~ <0 ~ <0 co ~~ 'j2'E "-" -' 16 , C 16 - Jctober 6, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, October 6, 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 8:30 a.m., in REGULAR / SESSION in Building "F" of the Government Complex, Eastmaiples, Halas Florida, with the following members present: ~~~~ng Coletta CHAIRMAN: Mark P. Strain Brad Schiffer Paul Midney Lindy Adelstein Kenneth Abernathy Robert Vigliotti Donna Reed Caron ABSENT: Bob Murray Russell Tuff ALSO PRESENT: Ray Bellows, Zoning Department Marjorie Student-Stirling, Assistant C<;1unty Attorney Misc. Corres: Date / / ~ 'f lot... I . Item# I ~ I ~ ( (If,;) Page 1 Copies to: 16 I C 16 October 6, 2005 CHAIRMAN STRAIN: Good morning. It's 8:30. We'd like to get the meeting gomg. If you'd all rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Thank you. Roll call. Commissioner Murray is not here. Commissioner Schiffer? COMMISSIONER SCHIFFER: Here. CHAIRMAN STRAIN: Commissioner Midney is not here. Commissioner Adelstein? COMMISSIONER ADELSTEIN: Here. CHAIRMAN STRAIN: Commissioner Caron? COMMISSIONER CARON: Here. CHAIRMAN STRAIN: Commissioner Abernathy? COMMISSIONER ABERNATHY: Here. CHAIRMAN STRAIN: Commissioner Vigliotti? COMMISSIONER VIGLIOTTI: Here. CHAIRMAN STRAIN: And new Commissioner Russell Tuffis -- can't be here today. By the time he was appointed, he had a meeting commitment that he couldn't break and so he will miss our first day. And I'm here, as hopefully she recognizes.Next item is addenda to the agenda. COMMISSIONER ABERNATHY: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER ABERNATHY: I notice that the agenda today does not include an item for election of new officers of this planning commission. I propose to add that as item 7 A on our agenda. COMMISSIONER ADELSTEIN: Cannot be done. It's got to be item one. Nobody here has a position. Positions are all elected for one year. The one year is up. There is nobody here that -- no officers. CHAIRMAN STRAIN: Why don't we just -- COMMISSIONER ABERNATHY: Well, I don't think I agree with that, but-- CHAIRMAN STRAIN: What about doing it next? COMMISSIONER ABERNATHY: Go ahead, do it. CHAIRMAN STRAIN: Is that okay, just do it after we get done with the addenda? Brad, did you have an addenda to the agenda? COMMISSIONER SCHIFFER: I have two items I'd like to add for new business. CHAIRMAN STRAIN: Boy, you're picking a short agenda to do that to, but okay. What are your -- COMMISSIONER SCHIFFER: Well, we can-- Page 2 161C15 October 6, 2005 CHAIRMAN STRAIN: What are your items? COMMISSIONER SCHIFf~R: If we're tired, we can dump them. Don't worry. CHAIRMAN STRAIN: Do.f'oU want to mention what they are? COMMISSIONER SCHIFFER: I'll wait. Do I have to? CHAIRMAN STRAIN: Well, yeah. We've got to let the public know what you want to talk about. COMMISSIONER SCHIFFER: Okay. One is the -- or one's going to take -- one is the -- I was just going to question that certification course we took to see if anybody got any certificates, and the other thing is a question about the liaison appointment from the planning corrnnission as to the disaster recovery task force. CHAIRMAN STRAIN: Okay. And those will be on lOA and B then in the order in which you stated. Any other comments for the agenda? (No response.) CHAIRMAN STRAIN: Is there a motion to approve the addenda to the agenda? COMMISSIONER ADELSTEIN: So moved. COMMISSIONER ABERNATHY: Second. CHAIRMAN STRAIN: Seconded. All those in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: (Absent.) COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Fine. Next item on the agenda will be 3A, elections. Mr. Abernathy? COMMISSIONER ABERNATHY: Mr. Chairman, consistent with our practice in the last few years, I propose to nominate a slate of officers rather than have head-to-head elections for each ofthe three positions. Furtherance of that, I would nominate Mr. Strain, who I've considered to be the acting chairman, as the chairman for the year to come, Mr. Adelstein as the vice chairman and Ms. Caron as the -- Mrs. Caron as the secretary. COMMISSIONER ABERNATHY: We need a second. CHAIRMAN STRAIN: The motion's made. And a second? COMMISSIONER SCHIFFER: Second. CHAIRMAN STRAIN: A second by Mr. Schiffer. Page 3 161C 1~6.. -; October 6,2005 And by the way, let the record show that Mr. Midney has showed up. Now discussion? Any discussion on the slate of officers recommended? (No response.) CHAIRMAN STRAIN: Hearing none. COMMISSIONER ABERNATHY: No other motion, no other nominees. COMMISSIONER STRAIN: Call for the vote. All those in favor of the slate announced? COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Any anybody opposed? (No response.) CHAIRMAN STRAIN: Thank you very much, Mr. Abernathy. Appreciate it. Try to move forward. Planning commission absences? Our next meeting, I believe, is Friday next week at one o'clock to continue with the LDC hearing that started in, I don't know, maybe August or September. It's been a while. Is everybody here going to be at that meeting? COMMISSIONER VIGLIOTTI: What's the date on that? CHAIRMAN STRAIN: I think it's the 24th, is it not, Ray? No, it's not next week. It's the week after. I'm sorry. MR. BELLOWS: That would be the 21st. CHAIRMAN STRAIN: 21st, so it's the week after. COMMISSIONER ABERNATHY: Is it? CHAIRMAN STRAIN: No, it's not the 2 -- MR. BELLOWS: Next week is the 14th, and the week after is the 21st. COMMISSIONER ABERNATHY: But the meeting is the 28th, LDC meeting. CHAIRMAN STRAIN: That's the one I'm trying to get to. COMMISSIONER ABERNATHY: The 28th. CHAIRMAN STRAIN: 28th, okay. COMMISSIONER VIGLIOTTI: From one to six here. COMMISSIONER ABERNATHY: One o'clock. COMMISSIONER ADELSTEIN: What time? COMMISSIONER ABERNATHY: One o'clock. CHAIRMAN STRAIN: One o'clock. The next meeting ofthe regular planning commission is on the 20th. Everybody okay with those dates? Okay. Looks like Page 4 16' e 16 October 6, 2005 we'll have quorums then. Approval of the minutes. We have in our packages August -- August 17th, August 18th, and September 1 st. Are there any recommendations, changes, suggestions? COMMISSIONER ABERNATHY: On August 18th on page 32, apparently I used a word that the reporter wasn't familiar with. CHAIRMAN STRAIN: Uh-oh. COMMISSIONER ABERNATHY: See if! can find it. I was trying to describe myself as a curmudgeon, to which nobody objected, and it came out a gramudgeon (sic). Well-- CHAIRMAN STRAIN: That's an age-related thing. COMMISSIONER ABERNATHY: I may be one of those too, but it hasn't made its way to the dictionary yet. So curmudgeon, C-U-R-M-U-D-G-E-O-N. CHAIRMAN STRAIN: I object to you having to be referred to as that. How's that? COMMISSIONER ABERNATHY: Okay. CHAIRMAN STRAIN: Okay. Any other changes to any of those agenda? (No response.) CHAIRMAN STRAIN: Ifnot-- COMMISSIONER ADELSTEIN: Move we approve them as amended. CHAIRMAN STRAIN: Second? COMMISSIONER VIGLIOTTI: Second. CHAIRMAN STRAIN: Motion to approve. All in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Fine. Ray, the BCC report from September 13th? MR. BELLOWS: Yes. The board approved -- the Board of Zoning Appeals approved the variance for the roads variance that's in Twin Eagles. The vote was 4-1. The BZA also approved the conditional use AR-6700. That was group housing, private school conditional use, and that was approved 5-0. The Sonoma Oaks PUD, that motion failed 3-2. And the MAC PUD was approved 4-1. COMMISSIONER ABERNATHY: What was the issue in Sonoma Oaks? I don't remember the name. Page 5 16 Ie 16 ~ October 6, 2005 CHAIRMAN STRAIN: Nagel-Craig industrial-- what used to be the industrial park. COMMISSIONER ABERNATHY: Oh, Nagel-Craig. MR. BELLOWS: Yes. rOMMfSSfONFR ABE.RNA THY~ Okay CHAIRMAN STRAIN: Ju:>l uul uf wriusily. the roads one, how did it leave our -- what was our recommendation on the roads; do you remember? MR. BELLOWS: I believe that was a recommendation for denial. CHAIltMAN ~'ff{ArN: That's what i thought, i:md the BCC approved it'? MR. BELLOWS: Yes. CHAIRMAN STRAIN: And our recommendation on MAC was also for denial? MR. BELLOWS: Denial. CHAIRMAN STRAIN: And BCC approved it? MR. BELLOWS: Yes. CHAIRMAN STRAIN: Okay. Just wanted to see how consistent we are with them. Chairman's report, since that just happened, I don't have one this week, but I can assure you in the weeks to come -- other than one comment, Ray, and I think that you're probably aware of it, the staff has been trying to send us numerous messages by electron e-mail. I have no problem with that. But if you're going to do that, would you please procure new computers, printers, and materials for each one of the planning commissioners? MR. BELLOWS: Understood. CHAIRMAN STRAIN: Okay. Otherwise let us know when the hard copies are available. COMMISSIONER ABERNATHY: One or two pages is one thing, but -- MR. BELLOWS: Yeah, I understand. COMMISSIONER ABERNATHY: Somebody tried to -- the whole new LDC. CHAIRMAN STRAIN: Okay. We'll go right into our first advertised public hearing. And those -- and this first one is petition CU-2003-AR-3573. For those people wishing to participate in this, please rise to be sworn in. (The speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Are there any disclosures on this item? No disclosures? COMMISSIONER ABERNA THY: Yes. I spoke to Kelly Smith about some information that I wanted to be included in the record and she promised to provide. CHAIRMAN STRAIN: Okay. MS. SMITH: And I do have that information. COMMISSIONER ABERNATHY: It's nothing about the merits of this case. CHAIRMAN STRAIN: Ms. Smith, it's all yours. MS. SMITH: Okay. Thank you. Good morning. My name is Kelly Smith. I'm with Page 6 16 I C 16~ October 6, 2005 Davidson Engineering. And I'm here this morning on behalf of the Independent Haitian Church of God, Incorporated, in their request for a conditional use and also a parking reduction. The subject property is 2.03 acres and is located on the north side of Guilford Road, approximately 575 feet west of U.S. 41. The property is zoned RMF-6 and is developed with the existing church. The church is seeking a conditional use for the expansion of the existing church and customary accessory uses. The proposed expansion includes a 3,828 square foot addition to the existing sanctuary and a separate 3,426 foot -- square foot building to serve as a fellowship hall and classroom. The site plan for this project was approved through the site development plan review process by county staff, obviously subject to the approval of the conditional use, and that was required because of the request for the parking reduction. The SDP is compliant with the landscape buffer requirements, including the Type B buffer with masonry wall on the north and west property lines. Also as part of this project we're requesting a parking reduction of one parking space for every four seats for the additional seats proposed within the sanctuary. That is an allowance in the land development code for churches through expansion ifthere is a hardship associated with that increased parking. In this case the church has three passenger vans and a 45-passenger bus that they use to provide transportation to their congregation. That constitutes, approximately 25 percent oftheir -- of their expanded congregation will have transportation other than their own privately-owned vehicles, and that is the reason that they're requesting the parking reduction. COMMISSIONER ABERNATHY: Kelly? MS. SMITH: Yes. COMMISSIONER ABERNATHY: What's going to happen when these people move up the economic food chain, so to speak, and get their own cars? MS. SMITH: Well, that's certainly a concern that the church will have to take a look at. COMMISSIONER ABERNATHY: Seems like this is putting it -- making it pretty tight as it is. MS. SMITH: The church, as you'll see in the staffs report, will be required to continue to operate and provide that transportation. And the church will have to be in a position to let their parishioners know that parking is limited, and they will have to utilize that -- COMMISSIONER ABERNATHY: They'll come get them instead ofletting them drive, okay. MS. KELLY: I think that pretty much wraps up what I had to say. Pastor Eric is here from the church if you have any other questions from him. Otherwise, I'll be Page 7 161(; It . October 6, 2005 happy to answer questions myself. CHAIRMAN STRAIN: Any questions from members ofthe panel? Mr. Schiffer? COMMISSIONER SCHIFFER: Kelly, on your project summary, you itemize all the different things. MS. KELLY: Yes. COMMISSIONER SCHIFFER: But you have a negative area. MS. KELLY: There's an existing -- there are two existing houses on this property. One of them, which is approximately 18 n 150 (sic) square feet will actually be removed as part ofthe expansion. So that's -- COMMISSIONER SCHIFFER: But in other words, if you add that -- if you add those columns up, will you get the number at the bottom? In other words, I can certainly understand it being removed, but it's replaced by something else. MS. KELLY: The numbers do add up. That was just simply shown to be an -- a removal. The area where the house is now is going to be parking area. COMMISSIONER SCHIFFER: Okay. So there'll be -- okay. See this is the actual site? MS. KELLY: Yes. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Anything else? Kelly, I have a few questions I'd like to walk through with you. One is on the staff report, but I'll wait till Mr. Bosi comes up, because I think he probably can answer the staff report easier than you can. Your hours of operation -- I know this is in a neighborhood, part of which is residential. What will be the hours of operation of the church? MS. KELLY: I'm going to ask Pastor Eric to speak about that since it's a part of the actual church operation. CHAIRMAN STRAIN: Okay. Sir, if you'd like to come up to the mike and please identify yourself when you do for the court reporter. Thank you. PASTOR ERIC: Yeah. Hours on Sunday -- CHAIRMAN STRAIN: Could you tell us your name, please. PASTOR ERIC: Oh, I'm sorry. My name is Pastor Eric. I'm a pastor of Independent Haitian Church of God. CHAIRMAN STRAIN: Thank you. PASTOR ERIC: Yes, sir. We got -- on Sunday, we got service from 9:00 to 11:30. CHAIRMAN STRAIN: Okay. So what was your daily, your weekly -- PASTOR ERIC: Okay. Sunday, Wednesday and Friday night. CHAIRMAN STRAIN: Do you do any evening services at all? PASTOR ERIC: Yes, we do evening services. Sunday evening. CHAIRMAN STRAIN: Till? Page 8 , ~-:, 16 I C 16 _ r;tober 6, 2005 PASTOR ERIC: Six to eight. CHAIRMAN STRAIN: Okay. And Sunday you'll go from approximately nine in the morning till eight at night? PASTOR ERIC: No. We start in the morning at 9:00 to 11:30. CHAIRMAN STRAIN: Right. PASTOR ERIC: And then come back again six to eight. CHAIRMAN STRAIN: Okay. PASTOR ERIC: Fridaynight. CHAIRMAN STRAIN: Do you work the week, your activities n PASTOR ERIC: Okay. Wednesday, seven to nine. CHAIRMAN STRAIN: That's in the morning? PASTOR ERIC: No. CHAIRMAN STRAIN: In the evening? PASTOR ERIC: In the afternoon, yeah, evening. CHAIRMAN STRAIN: Okay. Thank you, sir. PASTOR ERIC: Okay. Thank you. CHAIRMAN STRAIN: Kelly, in the traffic report that was provided -- MS. KELLY: Yes. CHAIRMAN STRAIN: -- it indicated that U.S. 41 in that location has a level of service ofF. MS. KELLY: (Nods head.) CHAIRMAN STRAIN: Where -- I must be not understanding where this is then. I thought U.S. 41 is in pretty good shape unless you get east of 951. Is this one east of95l? MS. KELLY: No, sir. This is west of 951. It is n COMMISSIONER ABERNATHY: It's one intersection west of Lake Avalon. MS. KELLY: Yes, correct. CHAIRMAN STRAIN: All right. And that's a failed level of service in that area? Because that's under a TCMA. I was wondering if that was the right designation for that level of service for that road system, so -- MS. KELLY: It's actually within the TCEA -- CHAIRMAN STRAIN: EA. MS. KELLY: -- area. CHAIRMAN STRAIN: I'll ask Mr. Scott to address it. He could probably clarify how that level of service is established. The last couple questions I have, there's a -- you, I guess, are volunteering to put a block wall where the chain link fence is now; is that correct? MS. KELLY: That's correct. CHAIRMAN STRAIN: Okay. So you don't mind that being a stipulation? MS. KELLY: No. Page 9 161G 16 October 6, 2005 CHAIRMAN STRAIN: You're going to upgrade the landscaping as well? MS. KELLY: Yes, we are. CHAIRMAN STRAIN: Okay. Is there some document that says to what extent you're updating the landscaping? MS. KELLY: Well, we'll have to comply with the land development code. And the site development plan has already been reviewed, so that's a part of the site development plan review process. CHAIRMAN STRAIN: Okay. So your upgrading is not above the code, you're just going to upgrade it to be consistent with the code? MS. KELLY: Correct. CHAIRMAN STRAIN: Okay. That was where I was going to go. As far as hours of operation, hearing what the pastor said about his needs for time frames, you have a statement in -- or the staff put a statement in their staff report that I wasn't quite understanding, and it -- that's what led me to try to ask about the hours of operation. I'll read the sentence to you. Maybe you'll know what it means so you can help me with the hours of operation. MS. KELLY: Certainly. CHAIRMAN STRAIN: It's talking on page 5 of 10, and actually starts about the traffic impact statement in the second paragraph. But then it says in the middle, just past where it references the LDC, it says, the secondary uses are intended to be utilized by the patrons during no service hours or as support functions to the primary attraction or service, therefore, the secondary square footage not intended within the parking calculation. Do you have secondary uses that are going to be on this site that are going to have hours of operation that are inconsistent with the churches? MS. KELLY: I'll have to check with the pastor on that. The secondary uses will be the fellowship hall and the classroom area. And the transportation -- the transportation impact statement, the TIS, that use code only takes into account the square footage of the actual church buildings and doesn't require additional consideration for the secondary uses, and I think that's what Mr. Bosi was referring to. CHAIRMAN STRAIN: Okay. My concern is in neighborhoods, as we have had churches come in before, when we go into secondary uses, there's a concern about the impacts in the evenings on the residences. I don't know about if anybody's objecting to this or not. MS. KELLY: Nobody has objected to my knowledge. CHAIRMAN STRAIN: Okay. That was where I was going to go during the public hearing, see if anybody had concerns over that. That's the last question I had. Thank you. MS. KELLY: Thank you. Page 10 - 161C16 October 6, 2005 '-- CHAIRMAN STRAIN: Anybody else have any more questions? MS. KELLY: Thank you. CHAIRMAN STRAIN: Mr. Bosi, you got a presentation? MR. BOSI: Good morning, planning commission members. Mike Bosi, zoning and land development review. I'll try to keep my presentation concise. The conditional use is an urbanized area by the growth management plan. A conditional use for a church is a customary use within the urbanized area; therefore, it's consistent with the growth management plan. I note on the parking reduction, that is not a separate petition, but it is -- it's a provision that's provided for within the parking section of the land development code that says this parking reduction is applicable to only existing churches that could prove a hardship, and that has to be established, or the determination of whether the parking reduction can be approved is determined by the planning commission and the Board of County Commissioners' review of the site development plan that was accompanied by the staff report. One of the things I wanted to point out that I felt was part of the neighborhood information meeting that was a short page-and-a-half summary was provided within your staff report package, the concerns of the residents that did show up at the neighborhood information meeting was the aesthetics. What was the aesthetics of the existing facility? And to highlight what their primary concern was n and we believe with approval and with the improvements shown within the site development plan that accompanies this, the aesthetics will be taken care of. And one of the primary concerns was existing conditions. The existing fence that sits around the church, the residents felt that it really didn't add to the neighborhood. With the improvements with the landscape buffers that are going to be imposed by the site development plan, the masonry wall will be to the north and to the west where the property abuts a multi-family -- residential multi-family six zoning district and a mobile home park and a trailer -- a TTRV zoning district to the north. A couple other site photos looking at the front of the church -- it doesn't want to open. Technology seems to be failing. Well, the point being is the aesthetics aspect of the n of the overall look and the overall feel of the church will be greatly improved with the request. I did receive within the past week one -- and it's not an objection to the proposal, but it was an e-mail from a John Rossetti from Guilford Road. And basically his concerns, a better landscape plan and maintenance than is currently in place would be more desirable to the neighborhood. And his secondary -- his secondary concern n and I've spoken with transportation briefly about it, and Mr. Scott may want to address it. He said n and I will pass out this e-mail. He says, I believe a right turn lane added to Guilford Road would Page 11 16 ie 16 ,..... ' 'October 6, 2005 greatly ease this condition should be -- and should be made a requirement in granting approval ofthis conditional use. And what the condition he was saying is, due to the fact that there was three churches located on the dead-end street, Guilford Road, and that they all have services held on Sunday morning, traffic at that comer of Guilford Road and State Road 41 sometimes has multiple light changes to exit the neighborhood, meaning it takes maybe one or two or three light changes to get out when all the churches are letting out on a Sunday -- on a Sunday afternoon or a Sunday morning. And he wanted at least the contemplation of the potential of adding a right-hand turn lane. And I will pass out that -- I'll pass out this e-mail right now. CHAIRMAN STRAIN: Thank you. Would that be the end of your presentation at this point? MR. BOSI: Yes, Chairman. CHAIRMAN STRAIN: Thank you. COMMISSIONER ADELSTEIN: I have a question for him. CHAIRMAN STRAIN: Okay. Mr. Bosi, Mr. Adelstein has a question. COMMISSIONER ADELSTEIN: This is just a technical question. How did we get a statement from the Board of Zoning Appeals? I thought before they could be brought into this, the Collier -- the planning commission has to find three items that make it possible for them to have received the information. CHAIRMAN STRAIN: This is n there's an existing conditional use on the property. COMMISSIONER ADELSTEIN: Yes. CHAIRMAN STRAIN: They would have already approved that. COMMISSIONER ADELSTEIN: Right. But this new one isn't. CHAIRMAN STRAIN: No, the new one -- I don't think they've heard the new one, have they? MR. BOSI: No, they haven't. COMMISSIONER ADELSTEIN: Oh. I assumed when you came -- when we got it that late that it had been the one that had been a new one. I couldn't figure out where it came from. Thank you. MR. BOSI: I apologize. CHAIRMAN STRAIN: Are there any other questions of the planning commission ofMr. Bosi? (No response.) CHAIRMAN STRAIN: Then, Mr. Scott, do you have a moment? Thank you, Mike. MR. SCOTT: Good morning, Don Scott, transportation planning. CHAIRMAN STRAIN: Don, can you explain the level of service F designation on U.s. 41 in that area? Page 12 16 I C 16- i!r,: October 6, 2005 MR. SCOTT: It's based on the n in the concurrency management system, we have banked trips in there too, so essentially there's negative 49 trips on that segment right now based on the concurrency system. Three hundred eighty of those are the bank trips for developments that haven't put them on the system yet, but we have those banked for their trips to add on the system. CHAIRMAN STRAIN: If they were to -- if this were to be approved and add the additional traffic that they will add to the system, will it take away from that 380, or is that 380 vested? MR. SCOTT: That 380 is vested. CHAIRMAN STRAIN: Okay. So those -- that's not going to affect them in any way? MR. SCOTT: Right, exactly. CHAIRMAN STRAIN: Being in TCME, does that -- doesn't that spread out the level of service throughout a wider area? MR. SCOTT: No. TCMA is the -- you're thinking about the average when we talked about this in Golden Gate City on Golden Gate Parkway. TCEA is an exception area. It's more of when you're looking at like redevelopment in an area, that you're not trying to stop redevelopment from happening. You have an exception for concurrency. We have -- in the other side of the averaging side is you have parallel roads that you can take. Obviously in this area out to the west you don't have any parallel alternatives for a roadway system. CHAIRMAN STRAIN: In the calculations that you have to do to look at concurrency, there are n yeah, certain thresholds that if you meet, even de minimis, cannot be allowed. I think that's 110 percent of operational. Are n will this -- is the level of service F above the 110 in this location? MR. SCOTT: Not right now, no, it isn't. CHAIRMAN STRAIN: Okay. Then the last question is, someone brought up the issue of a right turn lane on the Guilford Road. What's your thoughts on that? MR. SCOTT: Just haven't really -- you know, I haven't looked out in the field because you just raised that this morning. But judging on your 60 feet of right-of-way there, unless there is some type of utility problems and stuff, we probably could put a right turn lane in there at that little cushion, obviously with FDOT approval, since US. 41 's a state road. CHAIRMAN STRAIN: Okay. Anybody else have any questions? Ms. Caron? COMMISSIONER CARON: Yeah. If the point of the TCEA is to not prevent, obviously, things from being redeveloped, it's also not to worsen the situation by adding to? MR. SCOTT: It's-- COMMISSIONER CARON: Correct? Page 13 16 Ie 16 A'-. October 6, 2005 MR. SCOTT: Well, you're trying to minimize what you add to it. Obviously that's why you look at n there's TCEA requirements just like there's TCMA requirements. Try to get more walking trips, more HOV, more of that. This development fits into that, since, you know, part of what they're talking about with reduced parking is buses and things like that. So we did talk to them previously, the applicant about some sidewalks, some other issues that would help -- you know, help with -- lessen car trips essentially. COMMISSIONER CARON: Are sidewalks part of this? MR. SCOTT: What we had talked -- I know for the planning commission we had talked about trying to do TCA and TCMA requirements at the PUD level. We've been dealing with this one for quite a while. So that was before that. We said at that point we'd deal with that during site planning, but n COMMISSIONER CARON: Okay. CHAIRMAN STRAIN: Okay. Nothing else? Oh, anybody else? (No response.) CHAIRMAN STRAIN: Okay. Thank you, Don. Kelly, I have a couple concluding comments before we go into public comments, if any. You want to -- go ahead. No, I'll go after you. COMMISSIONER CARON: Actually, it's probably not for Kelly. It's probably for the pastor again. I just want to be clear about the hours of operation. It would seem to me that if you're only going to use this new expanded hall for a couple of days, from what I got, that you'll be using it Sunday, Wednesday, and Friday from nine to II and in the evenings only on Sunday and Wednesday? COMMISSIONER ABERNATHY: That's not quite right. MS. SMITH: While the pastor's coming up, I would like to point out that there are sidewalks as part of the site development plan. COMMISSIONER CARON: Thank you. PASTOR ERIC: Sir, we talking about n CHAIRMAN STRAIN: Sir, I'm sorry. You have to say your name one more time, sorry . PASTOR ERIC: I'm sorry, again. My name is Pastor Eric. CHAIRMAN STRAIN: Thank you. PASTOR ERIC: I'm part of Independent Haitian Church of God. In fellowship hour, we might have additional service on fellowship hall, because on Sunday morning we got our worship service. I gave you a schedule for worship service. And then in the afternoon we might have another activity for the youth, activities for -- so I don't -- COMMISSIONER CARON: Right. PASTOR ERIC: So I do not have a schedule yet for that. Page 14 .~~ ....--....---...- 161~16~ October 6, 2005 COMMISSIONER CARON: I would assume that you're going to be using both the parish hall and the new hall for activities on Sunday between nine and 11, whether it's Sunday school or whatever? PASTOR ERIC: Okay. Sunday school, we start at nine o'clock to 9:45. COMMISSIONER CARON: Okay. P ASTOR ERIC: After that, everybody going to be in the fellowship hall. COMMISSIONER CARON: Okay. But my interest is in the evening hours that this new facility is going to be used. PASTOR ERIC: Yes, it might be, yes. COMMISSIONER CARON: All right. But not just on Sundays or Wednesday, correct? PASTOR ERIC: No, no, because we might use it on Wednesday nights. We might be taking a study Bible (sic) we got at the fellow -- at the building, worship building service. We might put them in fellowship hall. We might have some kind of other classes, but we not schedule that yet. COMMISSIONER CARON: Okay. CHAIRMAN STRAIN: Would you have any objection ifthere was a restriction on your hours of operation that they would occur no later than 10 o'clock at night and not before six o'clock in the morning? PASTOR ERIC: I understand that, because we got it all from Tallahassee, they give us all the detail how we -- how we supposed to operate. CHAIRMAN STRAIN: But with those hours, if you weren't allowed to operate from 10 o'clock at night till six in the morning, would that bother you at all or would that be okay? Would that interfere with any of your activities? PASTOR ERIC: No, I have to wait, because I have to ask for permit to do. In have to do something like that, I have to ask for the permit to do it. CHAIRMAN STRAIN: I was going to suggest, Commissioner Caron, if we restrict the late evening hours, that would probably solve the problem -- COMMISSIONER CARON: Yeah. CHAIRMAN STRAIN: -- in regards to operation. COMMISSIONER CARON: You brought up the neighborhood. COMMISSIONER SCHIFFER: Mark, one quick thing. Wouldn't he want exceptions for Christmas Eve, maybe New Year's Eve, stuff like that? I know churches tend to gather their people at that time. PASTOR ERIC: Yes. And on that, like New Year's Eve, sir, we always using from 8 to 12. COMMISSIONER SCHIFFER: Right. PASTOR ERIC: Because after that, then everybody go home. But we do that only one time a year. CHAIRMAN STRAIN: Okay. So ifthere was the exceptions for national holidays, Page 15 . . 16 tC 16~ - October 6, 2005 that would take care of it? COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: Okay. Any other comments? (No response.) CHAIRMAN STRAIN: That's -- thank you, sir. I think that's all we have. PASTOR ERIC: Thank you. CHAIRMAN STRAIN: Kelly? MS. SMITH: Yes. CHAIRMAN STRAIN: The idea of a turn lane. I know that is a cost issue, but it seems to be one that would improve the situation in the area. With a level of service F, anything that's done there would certainly help. Do you see a reason why that's not doable? MS. SMITH: My only concern, obviously, is financial. You know, the church is-- obviously has a financial consideration that they would have to look at. And without knowing what the exact specifications are for that turn lane and what the costs would be, I can't really give you a good indication of any commitment. COMMISSIONER ABERNATHY: There are two other churches on the street. CHAIRMAN STRAIN: Yeah, they all could contribute. Yeah, you might want to get with your neighbors and see if they all would contribute to help that. That's a good point, commissioner Abernathy. Any other questions of applicant? (No response.) CHAIRMAN STRAIN: Ray, do we have any public speakers? MR. BELLOWS: Yes. We have two registered speakers. CHAIRMAN STRAIN: Okay. MR. BELLOWS: Ifboth could come up. The first one is Robert Lenahan, followed by Butch Morgan. MR. LENAHAN: Good morning. I'm Robert Lenahan. I'm here to speak for myself but also to speak for my neighbors. I've lived in the neighborhood for three years. And in the course of those three years, the neighborhood is emerging. It's really n it's turning very nice. The only bad areas on our street have been the Haitian church and their immediate neighbor. They just recently, in the last four months, started to mow the lawn. And they have that fence that they showed up there. It's a nonconforming fence, chain link fence, at the front ofthe property. And I've called -- I've called code enforcement six times for it to ask if they would address it, and I was told that because they're foreigners, they didn't understand. I was told that it was near Christmas, and that was a bad time to address it. And then the other two times I got no response. But everybody else in the neighborhood -- I just got a building permit for a shed, Page 16 , 161 c 16.~ October 6, 2005 and believe me, they took me completely within inches of where I could place that. COMMISSIONER ABERNATHY: Do you live on Guilford Road? MR. LENAHAN: I live on Guilford Road. That property that they're going to tear down -- since they bought that two years ago n in the front of the building, they've had dangling, nonworking Christmas lights. One broken bicycle has sat out there for two years. They have a broken b,asketball backboard that's just untended. And in the time that they've started to mow the lawn, I think this is about six months, they have a large riding mower that has the grass grown around it now. And as far as their social responsibility, the place up until they had their other n their other hearing, is the place was constantly in disrepair. We have three churches on the street, and two of them are impeccable, and the Haitian church has continually been just an eyesore on our street. There's a property immediately next to the property that they have, which I understand is controlled by the Haitian church people, and that can best be described as a slum. We have -- whenever the garbage is done, ifthere's broken glass, that broken glass stays there till it washes away. Papers -- there are things that just sit on their property actually for months at a time. No one addresses it. Code enforcement doesn't seem to cover for the Haitian church, and I don't understand that. We have a street that's 25 feet wide. It has a 30-mile-an-hour speed limit on it with no sidewalks. It's a cul-de-sac, and it's constantly used as a raceway. And when the people are coming to church on Sunday, there must be some stipulation that if you're late you don't go to Heaven, because they go like hell. It's just n I don't understand it. You know, the entire property on Sundays is completely covered with cars. And if they have a reduction in car spaces, I don't understand where they're going to put all the cars for the additional building. The entire property on a Sunday morning is completely covered. And aesthetics of the church building, that's not the problem. It's the maintenance. It's the absolute disregard for the neighborhood. It's the lack of social consciousness that bothers me the most. I mean, it's been filthy since I've been there for three years. And only recently when they started to develop this project did they make any attempt to cut the lawn, and even that's a half-hearted effort, in my opinion, if you compare it to the other two churches on the street. It's just been a really discouraging situation. And when they say they want to expand it, I mean, this non-code fence that they have in the front there, that thing is an ugly chain link fence all the way at the front of the property, and code enforcement won't make them take it down. They won't make them clean up. I don't understand how they end up with no social responsibilities at all. Page 17 - 16 I C ,1 ~-' October 6, 2005 It really is discouraging to me. And I think if they expand it, I certainly hope it doesn't turn into just a larger mess, which is really what I'm afraid of. I'm desperately afraid that these people in that church who have shown no neighborhood responsibility, no civic responsibility, no basic care to their property until they wanted to come up with something so they could expand this operation -- I mean, had they not done that, I think we would have had a continuing problem. CHAIRMAN STRAIN: You'll have to start wrapping up, sir. We have five minutes. MR. LENAHAN: I'm done. CHAIRMAN STRAIN: Okay. Just-- MR. SCHIFFER: Mark? CHAIRMAN STRAIN: There might be a question here. Commissioner Schiffer? COMMISSIONER SCHIFFER: Sir, look at the thing on the screen there. When you say the neighbor property, do you mean the one that's within that big square, or do you mean the one that's to the left of that? MR. LENAHAN: The blighted area, Guilford Road, is -- I'll point it out, from here to here. COMMISSIONER SCHIFFER: Okay. And then when you say that the parking lot's covered with cars, you mean the square they're showing there or just the right-hand side ofthat? MR. LENAHAN: All ofthis property all around here. They park on all of it. They park on the grass, they park in the front, they park everywhere. COMMISSIONER SCHIFFER: He's got to -- CHAIRMAN STRAIN: If you could -- I'm sorry, but we cannot hear you -- MR. LENAHAN: Oh, I'm sorry. The entire area under subject site to be expanded is completely covered with cars on a Sunday morning, the grass, the parking lot, the driveways, everywhere. CHAIRMAN STRAIN: Okay. Any other questions of this gentleman? COMMISSIONER SCHIFFER: No. CHAIRMAN STRAIN: Okay. Next speaker. Thank you, sir. MR. BELLOWS: Butch Morgan? MR. MORGAN: Yes. My name's Ewart Butch Morgan. I'm the president of Guilford Acres Homeowners' Association. I think everything that -- most of the stuff that I've brought out has already been expounded on. I just want to bring you up to speed on the fact that we accepted these churches on our block when they came in. We did not -- we wanted them. I mean, we have no problem with having churches or -- in the neighborhoods. The two churches that are there keep them themselves nice. I mean, they're a nice Page 18 16'(;lb~ October 6, 2005 place, they're nice people. The Haitian church, we expected the same way. We didn't oppose it. What happened is that they didn't become very good neighbors. And what we're worried about is that they're getting a bigger building, and what was said, is going to be a bigger mess. Okay. We're also concerned with the hours of operation, we're concerned that they may open up day cares there, the busing in and out could become schools. We don't know exactly what they're going to do here. But if they don't understand what they can do and what they can't do, it's like the fence, I guess they can get away with it. So the secondary uses is one of them. The other thing, of course, is the landscaping, and they may put landscaping in, they may remove that fence, but it still comes down to how they're going to take care of this problem. They just haven't been good neighbors. You ride down there and you see their broken down riding red lawn mower right inside the fence, like three foot, you know. Very pretty to look at when you're driving through your neighborhood every day. CHAIRMAN STRAIN: Thank you, sir. Is there any question? (No response.) CHAIRMAN STRAIN: Thank you very much. CHAIRMAN STRAIN: Ray, is there any other speakers? MR. BELLOWS: No other speakers. CHAIRMAN STRAIN: Kelly, do you have any final comments? MS. SMITH: Yes. Thank you. Just wanted to make a couple comments in response to the public comments. First, the chain link fence that has been referenced will be removed, and as a part of the site development plan, as we've discussed, will be replaced with a masonry wall. And the landscape buffer requirements both in front of and behind that wall will be enhan n will be brought up to code. So the concern over the look of that fence is something that will be addressed through the expansion of the church. Another issue with the parking, I believe that the expansion and the proposed improvements on the site will help to address the parking concerns. You know, the property next door that the congregation is apparently using for parking is not a developed parking. And so when you have people parking in an area that doesn't have striping or driveways, you know, it obviously tends to not look very neat. And, thirdly, with response to secondary uses such as a preschool or day care, it's my understanding that that would require a separate conditional use hearing. So if the church has any plans for a preschool or day care, which I'm not aware that they do, they would have to go back before this public hearing process to have that approved. Page 19 16 \ C 1 b, October 6, 2005 CHAIRMAN STRAIN: Okay. Any questions of Kelly? Commissioner Caron? COMMISSIONER CARON: Kelly, the neighbors were talking about chain link in the front, and that is not proposed to be a wall at this point, right? It's just -- MS. SMITH: That's correct. COMMISSIONER CARON: n the back and the side? MS. SMITH: That's correct. Just the back and the side. But the chain link fence along the front will have to be removed, I believe. We can't have a fence in the front yard, the fence will be removed. CHAIRMAN STRAIN: Is there a response to Ms. -- MR. BOSI: Within the site development plan that's been reviewed by staff, that existing chain link fence that borders the southern property, which would be the front of the property, that's to be removed. And I believe it's to be replaced by a type D landscape buffer with hedge and a tree every 30 feet. That is part of the requirements of the site development plan -- that fence -- if this site development plan is approved, that fence has to go. CHAIRMAN STRAIN: And a landscape buffer is only as good as the maintenance that's used to keep it alive and trimmed and planted. MR. BOSI: Correct. With the site development plan, they are required to show the irrigation of the system, which I'm not sure if that currently exists in the facility today. CHAIRMAN STRAIN: Okay. Thank you. Any other questions? (No response.) CHAIRMAN STRAIN: Hearing none, we'll close the public hearing. Is there a motion? COMMISSIONER ADELSTEIN: Yes. I move that CU-2003-AR-3573 be forwarded to the Board of County Commissioners with a recommendation of approval subject to staffrecommendations and recommendations of the county planning commission. COMMISSIONER MIDNEY: I second it. COMMISSIONER VIGLIOTTI: I'll second it. CHAIRMAN STRAIN: Motion made, and seconded by Mr. Midney. Discussion? CHAIRMAN STRAIN: Discussion? Mr. Midney? COMMISSIONER MIDNEY: I'm not familiar with this particular church, but in Immokalee I am with the Haitian congregations, and I can vouch for the fact that buses are a major part of how people get to church. And I'm sure that it would be similar in this case. CHAIRMAN STRAIN: Any other comments? My own comments are that in the beginning ofthis meeting, hearing no opposition or seeing none in my documents, I Page 20 1 6 I L; 16 -0..; October 6, 2005 thought this wouldn't be bad. Hearing what the neighborhoods had to say, which I would say is credible testimony, in the relationship of how this place is maintained in relationship to the rest of the neighborhood, I'm very disappointed in it. And as far as I'm concerned, until they show they can be good neighbors, they can wait to get a continual use. So I will be voting no on this motion. COMMISSIONER CARON: I concur. I had thought there was no problem with it either. But if they are not being good neighbors, then I don't see why expansion is a good idea. COMMISSIONER SCHIFFER: Mr. Chairman? COMMISSIONER ABERNATHY: Well, Kelly, do you want to withdraw it or go forward with a negative? CHAIRMAN STRAIN: Well, we haven't got the vote yet. COMMISSIONER ABERNATHY: Assuming that could happen. COMMISSIONER MIDNEY: We haven't voted yet. COMMISSIONER SCHIFFER: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER SCHIFFER: I mean, obviously, I think the pastor realizes the danger of not taking care of his property. I mean, maybe this close scare might cause him to realize how important it is to be a good neighbor, and I don't see any reason to push him back and make him come back again. I mean, if the only issue n I mean, these are -- the problems they have are real problems and I have concern over, but there's a cure in this application. CHAIRMAN STRAIN: I think there's an old saying, fool me once, shame on you. Fool me twice, something like that. I would rather see this addressed before an approval. But Ms. Student? MS. STUDENT-STIRLING: Yes, Mmjorie Student-Stirling, for the record, assistant county attorney. I just need to remind the commission that there are four criteria for the granting of conditional use that are in your finding offact sheet, so n and, you know, one of those reasons needs to be stated as a reason for your vote, should it not carry. CHAIRMAN STRAIN: I understand. COMMISSIONER SCHIFFER: And it is a reason that could be mitigated by his proper maintenance. CHAIRMAN STRAIN: There's a motion been made. After discussion, all those in favor of the motion to approve, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER VIGLIOTTI: Aye. Would you please raise your hands? Four in favor. Page 21 ,. 16 Ie 10 October 6, 2005 All those against, same all? COMMISSIONER ABERNATHY: (Raises hand.) COMMISSIONER CARON: (Raises hand.) CHAIRMAN STRAIN: (Raises hand.) Three against. Motion passes, 4-3. Okay, thank you. COMMISSIONER SCHIFFER: We need the forms done. CHAIRMAN STRAIN: Yeah. You all have a form, please pass them to, today, Ms. Caron. MR. BELLOWS: Commissioner Strain? CHAIRMAN STRAIN: Yes, sir. MR. BELLOWS: Before we proceed to the next item, I've been asked to forward a rec -- or consideration to you to arnend the agenda to move up the Bristol Pines PUD. The property owner has a conflict in schedule. Has to be on jury duty on the east coast and would like to be moved up ahead of -- on the next item on the agenda. CHAIRMAN STRAIN: Well, I'm n Richard, don't you represent the second item on the agenda? MR. YOV ANOVICH: Well, the third. The second n I've already talked to whoever's -- I mean, Mr. Varnadoe, who's the second -- represents the second item, and since I represent the third item, we're okay with that. Actually my client is on a jury, and the judge said that he had to be back by three o'clock. So my concern is that Sabal Bay could put us to the point, at least lunch hour, and he might not be able to be here while the item is heard. I did speak to the judge yesterday, and she asked me to predict when this would be heard, and I told her I wasn't able to make that prediction. And so she only gave him until three o'clock to get back to the east coast. CHAIRMAN STRAIN: My only concern is that a lot of people have seen this agenda, and they know that Sabal Bay was coming up second or third, and that would be a lengthy discussion. I'm not sure that the public that would want to address Bristol Pines is here, thinking that it might be after lunch, as a lot of people have in other issues. I would certainly look for any -- MR. MIDNEY: I would like to move that we change the agenda as Rich has suggested. CHAIRMAN STRAIN: Okay. There's a motion been made. Is there a second? COMMISSIONER SCHIFFER: I'll second it. CHAIRMAN STRAIN: I'm sorry? COMMISSIONER SCHIFFER: I'll second it. CHAIRMAN STRAIN: Motion's been made and seconded. Discussion? I usually don't have a problem with it, especially if it's in the beginning of the Page 22 . -' 16 I C 16.it October 6, 2005 meeting. At this point I'm concerned that there are going to be public here who may not be here till this afternoon because this would normally be on a later time in the day, so I wouldn't be in favor of changing the agenda. COMMISSIONER ABERNATHY: Call the question. CHAIRMAN STRAIN: All those in favor of changing the agenda, signify by sayIng aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Raise your hands. That's four in favor. Those against changing the agenda? COMMISSIONER ADELSTEIN: Aye. COMMISSIONER ABERNATHY: Aye. CHAIRMAN STRAIN: Aye. Three against. Agenda's changed. Bristol Pines is next. Richard, let me go through the routine on this one. This is petition PUDZ-A-2004-AR-6084, Waterways Joint Venture IV, also known as Bristol Pines. All those willing n wishing to speak on this matter, please rise to be sworn in. (The speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Okay, Richard. It's all yours. MR. YOV ANOVICH: Good morning, Commissioners. For the record, Rich Y ovanovich on behalf of the petitioner. And thank you for your moving of this item up. This is the Bristol Pines PUD. It's essentially a second phase of an existing PUD. On the visualizer is the location map. The project is approximately a mile south of Irnmokalee Road. It's on Collier Boulevard, on the east side of Collier Boulevard. It's adjacent to Warm Springs PUD, which was formerly known as the Nicaea Academy. We're also neighbors to Vanderbilt Country Club. We have been working with the residents of Vanderbilt Country Club to make sure that they're comfortable with the development standards within our PUD. And we believe that they are comfortable. I don't think they'll be here in opposition. We have agreed to a wall and other concessions to make sure that we're compatible with the Vanderbilt Country Club. CHAIRMAN STRAIN: Richard, I hate to interrupt you. I forgot to ask for disclosures. All those in the commission, have you had any discussion? I have. I have discussed this project with Richard and went over the issues that I will be going over shortly in this meeting. Thank you. Page 23 C 16;, 16 I October 6, 2005 COMMISSIONER ADELSTEIN: I also had a conversation with Richard. COMMISSIONER MIDNEY: I also. CHAIRMAN STRAIN: Three of us. Thank you. Sorry, Richard. MR. YOY ANOYICH: Okay. Not a problem. The first phase of the PUD is 22.77 acres. Let me go ahead and put the graph up. That's an aerial of the property. The first phase, which was approved as the phase adjacent to Collier Boulevard, it's 22.77 acres. It was approve for 159 dwelling units, of which 16 of those units were n served the low income category, and that is under the affordable housing guidelines, 60 percent or less of the median income. So the first phase was approved using an affordable density bonus agreement. The density on that phase is basically seven units per acre. The base density in this area is four units. To increase that you have to go through the affordable housing density bonus. I believe you have in your possession the affordable housing density agreement that goes along with that petition. The second phase is to add approximately 19.83 acres, for a total of 133 more dwelling units. Of those 133 new dwelling units, 13 would serve the low income category of affordable housing. The overall -- which means that of the bonus units, 24 -- approximately 24 percent ofthem will be affordable housing units serving the low income category. They'll all be three bedroom units serving that important need. You've seen this before. It's -- the staff report is complete. We went to the EAC. The EAC recommended unanimously to approve this project. We have been working with the county on transportation issues. We have an agreement with the county to build Tree Farm Road, a portion of Tree Farm Road. We also -- we are obligated under the PUD to fund the design up to $150,000 for the extension of Tree Farm Road to Massey. So we have been working with the county on transportation issues. We are consistent with the county's concurrency management system and all other aspects of the growth management plan. We are requesting that the CCPC follow staffs recommendation to approve the -- recommend approval of the PUD, except for one -- one issue. Staff is recommending denial of the deviation that we're requesting, that we don't have to go through both the plat process and the site development plan process. This is a town home concept where you own the dirt below the unit. It's not a new concept. You've seen it at Summit Place and other locations. The plat and the SDP serve the same process as far as reviewing the engineering and making sure everything's in place. For Summit Place they agreed that we didn't need to go through the duplicative process and that we also -- and now they're saying that they believe that they're Page 24 161C16_' October 6, 2005 going to fix the LDC so we don't need to address this issue. Unfortunately there was an earlier cycle of the LDC where they were going to attempt to fix the problem as well. That \Vas withdrawn from that cycle. Ifwe knew that this thing was going to get fixed in the LDC, we'd say fine, we agree with staff to pull it out. But we don't know that that's going to happen. It has been approved in the past. There's really no reason to have two processes dealing the same issue. So we're requesting that you recommend approval with our deviation to that issue. I've got to add one other thing. The EAC, when they approved the petition, they had one condition that the developer install a 30-inch elliptical pipe under the project roadway to allow for small animals to have access to each of the two preserves on the site, and this will be added to the PUD prior to the BCC hearing. With that, that concludes my presentation, and we're available to answer any questions you may have on the project. CHAIRMAN STRAIN: Okay. Are there any questions of Richard? Commissioner Schiffer? COMMISSIONER SCHIFFER: Richard, obviously by the site plan, it's going to interconnect to a property to the east. I assume that's where they're going to have it. Why would the roadways -- would you want to reduce those roadways to 50 feet? I mean, certainly they do slow it down, I understand that. But how much development is going to occur to the east of this that would connect to these roadways? MR. YOV ANOVICH: I don't believe that we are n are we going to connect? We're not providing for interconnection for properties to the east. COMMISSIONER SCHIFFER: Okay. So those dead-end roads are just to connect to these townhouses? MR. YOV ANOVICH: Yes. There's not going to be an interconnection. And the 50-foot road width is a standard deviation for private roads in Collier County. I mean, we're still going to address all our utility issues and other issues related to that. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Are there any other questions of Richard? (No response.) CHAIRMAN STRAIN: Well, Richard, I have a handful. So first of all, I received one other document or e-mail from Mr. John Welikins (phonetic), who is in the Vanderbilt Country Club. He brought up two points that were -- I guess were mentioned in the public information meeting. One was that there would be -- the developer agreed to construct a concrete wall at a minimum six feet in height. On the record, are you still n MR. YOV ANOVICH: Yes. CHAIRMAN STRAIN: -- willing to do that? MR. YOVANOVICH: Yes. Page 25 16 It 16--; October 6, 2005 CHAIRMAN STRAIN: The other was that the developer will not be using any cyclone fencing on the project. MR. YOV ANOVICH: That's correct as well. CHAIRMAN STRAIN: Okay. MR. YOV ANOVICH: And I believe we had committed to that during the first phase of the PUD as well. CHAIRMAN STRAIN: Yeah. I wanted n this is a new phase, so I wanted -- MR. YOV ANOVICH: Right. CHAIRMAN STRAIN: -- to reemphasize. MR. YOV ANOVICH: Yes, sir. CHAIRMAN STRAIN: I have a transportation issue, which is typical for the area. We know that the six-Ianing of Vanderbilt Beach Road, six-Ianing of951, and improvements on Immokalee won't be completed until the end of'07, and other projects that you brought forward, we've asked you to defer COs until that time. For the new units that you're requesting here today, do you have any objection deferring their COs until October of '07 as we have done on other projects in that area? MR. YOV ANOVICH: Commissioner, in this particular case, we can't accommodate that request. We can talk about phasing per month. We n in order to accommodate that, we would literally have to stop development of the site, wait several months, and restart the process. We already -- we're consistent with the concurrency management plan. This improvement is scheduled to move forward, and it will go forward. We have -- we have paid for the construction of a portion of Tree Farm Road and are paying for the design ofthe further interconnection of Tree Farm Road to Massey, which is going to create another bypass road between Immokalee Road and 951. So we're already part of the solution and are resolving these issues. We can agree to 20 units a month starting January I, but we would need to ration it that way so we don't have to stop production of the homes. And with that means the labor force goes away, and we'd have to come back with -- you know, try to recruit those people again to work for us. And that's the reason we can't agree to a blanket "no units" but we can phase 20 a month. CHAIRMAN STRAIN: Twenty a month in January, starting in January of ' on MR. YOV ANOVlCH: Yes. For the new units, correct? CHAIRMAN STRAIN: That's what I n yeah. The other PUD's in place. MR. YOV ANOVICH: Just want to make sure I didn't say anything. CHAIRMAN STRAIN: We should have done the same thing on the other one, but that got by. Utility department. And I'm -- I guess I'll find out who from the utility department can answer this question. I'm not sure, you might have the answer, Richard. I mentioned it to you at our meeting. Page 26 16 , C- 16:~ October 6, 2005 The utility review brought up an issue that a 24-inch water transmission line exists, but the sewer availability and placement of a 16-inch line along Collier Boulevard has to be done, and they don't believe they're going to have that in place until as late as 2008. Can you shed some light on that issue? MR. YOV ANOVICH: Well, I don't lrnow the specifics, but we do lrnow that until there's sewer service there, that we -- they may end up with a phasing schedule that you had originally asked for. But we believe that hopefully the sewer line's going to be there sooner than that, but we lrnow that that's a possibility. CHAIRMAN STRAIN: Okay. The LDC amendment that was going to be made to take care of this thing, the staff had indicated that it's going to be next amendment cycle. I lrnow you briefly mentioned it. Do you have any more information on that? MR. YOV ANOVICH: I believe they're shooting for November. CHAIRMAN STRAIN: Ofthis year? MR. YOV ANOVICH: Of this year. CHAIRMAN STRAIN: Well, they can't even get -- we've not even been through cycle 2-A, so I don't lrnow how that's going to happen. MR. YOV ANOVICH: Yeah. We're not real confident that that's going to happen with the schedule that we need to keep going. CHAIRMAN STRAIN: Okay. Now, if that amendment does get through by the time you're submitting for this particular project, which you've just told me you need the units starting in January of'07, would you be -- submitting when for that? Would this amendment possibly be passed by then, be through the system? MR. YOV ANOVICH: I think we tried to get into the system sooner than the amendment passing. And that's why we would be -- you lrnow, we would get caught up in that timing. CHAIRMAN STRAIN: Okay. The units are for sale only, is that -- MR. YOV ANOVICH: Yes, sir. CHAIRMAN STRAIN: That was stated at the information meeting? MR. YOVANOVICH: Yes. CHAIRMAN STRAIN: In your PUD document, Roman numeral II-V is the page. It's item 3.10.E, or 2.10.E, I'm sorry. MR. YOVANOVICH: 2.10.E? CHAIRMAN STRAIN: Yes. MR. YOV ANOVICH: Okay. CHAIRMAN STRAIN: Talking about a sales facility in the clubhouse, no more than a third of the gross floor area. Would you mind putting a not to exceed square footage on that? MR. YOV ANOVICH: Actually, we're comfortable, Commissioner, in just deleting, using the clubhouse sales center. CHAIRMAN STRAIN: Okay. So E can be stricken? Page 27 , 16 L C_ ~ 6~(-'October 6,2005 MR. YOVANOVICH: Yes. CHAIRMAN STRAIN: Next page, Richard, 2.15, you've got a preserve that's going to be partially into an FPL easement. Is that what that's basically trying to say? You have a n part of your preserve has something to do with an FPL easement; does it not? MR. YOV ANOVICH: Right. And that FPL easement's been vacated. CHAIRMAN STRAIN: Okay. That was my question. So you've already deleted it? MR. YOV ANOVICH: Yes. We've taken care of that issue. CHAIRMAN STRAIN: On page Roman numeral III-III, it's subnotes to your development standards table. Your note number one, location of structures proposed adjacent to the lake shall have no setback in the lake maintenance easement. The way that reads, it would require you to put them all in the easement. I'm sure you'd like some flexibility in that. Wouldn't you want to use the word may there? MR. YOV ANOVICH: Yes, sir. CHAIRMAN STRAIN: Okay. The number -- subnote three talks about for compatibility with the existing single-family residence. You're going to provide single-story residential structures located adjacent to the residence that's already there? MR. YOVANOVICH: Yes, sir. CHAIRMAN STRAIN: Could you tell me what adjacent is? MR. YOV ANOVICH: Well, actually, Commissioner, since you and I had a chance to discuss this, that property is going to be acquired by the Jewish Federation, and that single-family structure's going to go away, so we believe that that will become a non-Issue. But the way we described it before was basically, if you look a line of sight directly across from that single-family home, that would be determined to be adjacent, not the entire single -- not the entire parcel on which the single-family home is located. CHAIRMAN STRAIN: Well, Richard, I know you always provide us with good facts. In that case, ifthis is unnecessary, wouldn't you want to put something in here that provides the fact that ifthis is -- ifthat single-family residence is removed, this would no longer apply? MR. YOV ANOVICH: We can -- I thought that was understood, but if we need to clarity that, we can certainly do that. CHAIRMAN STRAIN: Okay. Number six refers to a modular concrete wall. I think we talked about that. Modular kind oflimits you, considering that the Vanderbilt Country Club indicated concrete or block. I think a structural wall made of some cementitious material would probably be acceptable. MR. YOV ANOVICH: And I discussed that, and we're fine with the footnote as is. Page 28 16' C16 October 6, 2005 CHAIRMAN STRAIN: Okay. COMMISSIONER ABERNATHY: I've got something in there. CHAIRMAN STRAIN: Go ahead, sir. COMMISSIONER ABERNATHY: Rich, you know, I sometimes criticize you for trying to slide through with a five-foot side yard setback. I want to congratulate you on your seven and a half foot setback. That's where I think we all ought to go. Since Habitat for Humanity is already there, I don't know why the rest can't follow. MR. YOV ANOVICH: Thank you. CHAIRMAN STRAIN: Mr. Adelstein? COMMISSIONER ADELSTEIN: Yes. Rich, you have already complied with the requirements of affordable housing. I'm with that. And I also realize that that is acceptable, what you have done. I'm in a position right now where I am looking at affordable housing in a situation where you had 171 units you could use if there was no affordable housing. With your -- with your bonus for your client, you're now getting 266 units. It is, in my mind, that affordable housing should have a little bit more density for the affordable housing people. It is my understanding -- and I'm going to try to push this on every single one of these n that it should be a 70/30 percentage. Seventy percent to the developer, that's excellent. Thirty percent for the people who we're trying to find homes for, schoolteachers, doctors n not doctors, but nurses, and those alike are not being able to find them. And if we don't put a push to this, we're going to have a situation where affordable housing will accomplish nothing. Now, it's only fair here to look at this thing from a point of view of saying, affordable housing is put on here to help the people who need affordable housing. I don't think we're trying to say, give us a 50/50 split. That's ridiculous. But I do believe that a 70/30 split is one that gives you what you needed, and that basically would do the job. And it will allow the people who really need affordable housing to also achieve their need. And under the basis that we have it now, I'm sorry, I really can't vote for this particular situation because I feel very strongly that we have to make a change here. MR. YOV ANOVICH: And I appreciate that, Mr. Adelstein. And, you know, the land development code has specific requirements of what you have to do to get the density bonus. My client has availed itself ofthat process. There's not a rush of developers out there saying, we want to do affordable housing under the existing incentive program to do affordable housing. If the Board of County Commissioners wants to change the incentive program through an adoption of a change to the land development code, we understand that, and we'll live with whatever the change is. But the existing rules specifically allow for this percentage. And we're doing three bedroom units. Page 29 16 I C 16 ~ October 6, 2005 COMMISSIONER ADELSTEIN: I'm not getting to that. MR. YOV ANOVICH: We're doing the percentage required. Ifwe don't -- if we don't provide these units, you'll lose an opportunity for these additional units -- 13 units to serve as affordable housing. Other -- I mean, there's not a whole lot of people asking you, please let me have this bonus as an incentive to make my project work. So I would respectfully request that we apply the rules that are in place today, and that we're not in a position to increase that number to what you would like from a policy standpoint. We need to stay with what the land development code says and what the affordable housing density agreement that we presented to you says. COMMISSIONER ADELSTEIN: It could be, of course, a problem when these things get to a point where we're not getting enough of them that they literally let it stop, leaving your client with something like 171 units instead of the 266. CHAIRMAN STRAIN: Well-- COMMISSIONER ADELSTEIN: Again. I'm sorry. I'll take that out of the issue, and I appreciate what you've said. CHAIRMAN STRAIN: I think that the land development code has addressed affordable housing, and maybe it does need to be revised, and that's something that hopefully the BCC will look at with staff if they so feel to direct that. Right now I -- you know, the land development code does provide incentives that allow this to even happen as it is today, so -- and I think that every project ought to have some application to affordable housing. Now with that said, any there other questions of Richard? Ifnot, we'll go on to staff report. (No response.) MS. DESELEM: Good morning. For the record, my name is Kay Deselem. I'm a principal planner with the department of zoning and land development review. You've received the staffreport and supplemental staffreport that go along with that. And I think at this point we were down to just one issue as far as, staff is recommending approval of the petition, and the only thing that's contentious at this point is the one deviation. And in the staff report -- the original staff report that you received, I believe on page 9 of that staff report, staff did explain what our position was on that, and we did explain the difference between deviation one being requested as part ofthis petition and how it was addressed through the Golden Gate Fire District PUD and the Summit Place PUD, and set forth the differences in those two petitions versus this petition and why we supported it in that petition and we're not supporting it in this petition. One of the main issues that's been determined is that it is a process. It is not a requirement that's a measurable type thing like a setback or something like that that Page 30 . f 16' C 16 ~ October 6,2005 you can normally deviate or vary from. The deviation process was not designed to sidestep or eliminate or get rid of any kind of a process that's in the land development code. That's not what it's designed to do. It's designed to give design flexibility that can enhance a project without having to go through the variance procedure and having to prove hardship. However, in this case by trying to get rid of an SDP process, it's a process deviation, which is not appropriate in staffs opinion. And, like I said, we did go into the details as to why we believed it was appropriate at that time for Summit Place and Golden Gate Fire Station, and we have since reevaluated that and determined it's no longer appropriate, especially in this case. Given the fact that they're now not going to be building in phase II until 2007, I would hope that we can have the amendment approved in a timely enough fashion that they could benefit by the amendment. And it seems as though the amendment may be approved because we're seeing more and more requests to do this type of development in Collier County, whereby you have fee simple within one building. The LDC originally didn't address it because we didn't have that issue. Now we do, so we're trying to be responsive to that need and change the LDC. We think it's appropriate for this petitioner to wait until that's done, since they don't have units on the ground, they don't have sales contracts pending, and they did in the other two instances. So given that discussion, I mean, that's basically where we stand. The only thing I would ask, if you do go along with the transportation condition that you had spoke of regarding phase II and when they do the other units and the certificates of occupancy, I looked quickly at the site plan, and I don't see where the site plan clearly shows phase I or phase II, and I think we need to change that master plan to clearly delineate where that rule or that requirement would be applicable so that anybody coming in later might understand where you can go and where you can't go. CHAIRMAN STRAIN: I think the way they phrased it is that they would be able to do 20 units CO'd a month, not necessarily for phasing, just 20 units a month. I don't MS. DESELEM: I thought they were saying beginning of January of2007 though. CHAIRMAN STRAIN: Right. MS. DESELEM: So that's for the entire project, not just -- CHAIRMAN STRAIN: No, just the new section that's being added. MS. DESELEM: So that would be phase II, as I understand -- CHAIRMAN STRAIN: Oh, I see. MS. DESELEM: -- phase II to be. But it's not shown as phase I and phase II on the master plan. CHAIRMAN STRAIN: Well, that can be taken care of very easily. Page 31 16 , G 16i. October 6, 2005 MS. DESELEM: Yes. And I just wanted to offer to you that in regards to your affordable housing discussion, the board did adopt a resolution, and it's resolution 2005-21 that now does have more stringent criteria, and it's based on how many units overall are proposed and how many units as a percentage have to be provided. This project came in prior to that ordinance being adopted, and so it has less than what would be required. But anything coming in now would be required to provide more. But it's not the 30 percent that you're seeking, but it is more. COMMISSIONER ADELSTEIN: What is the more? MS. DESELEM: The more is depending upon on how many units are proposed. If they're constructing less than 50 units, 25 percent have to be affordable. If they're constructing 50 but less than 200, it's 20 percent. Ifthey're constructing's 200 or more, then it's IS percent. And to go over that in more detail, we have Cormac Giblin. MR. GIBLIN: Good morning, Commissioners. Cormac Giblin, the housing and grants manager for Collier County. What Kay is talking about is our affordable housing expedited permit review process. The percentages that she read off were what it takes to qualify development to be fast tracked through the planning process. In addition, recently the BCC did amend the LDC in terms of the affordable housing density bonus formula and the percentages, and that has changed lightly as well. And I think it has been shifted a little bit more toward what Commissioner Adelstein was looking for. CHAIRMAN STRAIN: Would the current density bonus arrangement that's in the new approved LDC be consistent with what they're doing today? MR. GIBLIN: No. This application was received before. CHAIRMAN STRAIN: I realize that. How far off are they in unit count? MR. GIBLIN: It really would require an entire re-evaluation, because what we did with the change was, we made it -- the density bonus available to a little bit higher income level, 80 percent of median income, whereas in the previous version, you really had to do at least 40 percent of your development at 80 percent to even get one unit of density bonus. Now we've made -- what we've done is make it, in a sense, easier for a development to apply a densi n an affordable density bonus at a higher income level and kind of tightened it up on the bottom end. This development would probably need to do about 30 percent -- or let me do the math real quick. Twenty percent affordable to still qualify for the same bonus they're looking for today. CHAIRMAN STRAIN: And the reason they don't is because they came in at a time and submitted an earlier date? MR. GIBLIN: This application was received before that change was made. Page 32 161G16~ October 6, 2005 CHAIRMAN STRAIN: Okay. Thank you, Cormac. Any other questions of staff? (No response.) CHAIRMAN STRAIN: Kay, I have one. The LDC amendment that's being proposed that we may not even get to see this year, is it consistent with what they're asking for? I mean, what they're asking for is a deviation. If they -- ifthis land development code amendment was in place, would they need this deviation? MS. DESELEM: Two part-question, I'll answer it. It is my understanding, although I haven't seen the most current wording of it, that it would implement the exact thing that they're asking for. How it's worded specifically, I don't know. But that's what it's designed to do to allow a person to do a process other than SDP and the PPL so that they could -- it might have some other process defined that would address the issue but wouldn't require them to do both. I don't know exactly what the wording is. But it's my understanding, it would get them where they wanted to be. MR. BELLOWS: For the record, Ray Bellows, zoning manager. I was just talking to Mr. Nadeau, and I believe there may be an option that solves the problem. If at such time the LDC -- approve the deviation subject to an additional condition that says if the county adopts the LDC amendment to deal with these townhomes prior to them initiating any development order for those, then they would be subject to that. Otherwise the deviations would be approved if the county fails to proceed with the amendment. CHAIRMAN STRAIN: I have one question of Ms. Student. Surprise, huh? As Kay is saying, she believes that this deviation is not -- does not meet the intent of allowable deviations within the LDC. Do deviations, as applied to the LDC, provide whether they're processes or whether they're more material and more specifics -- MS. STUDENT-STIRLING: It's always been my understanding, as Ms. Deselem said, that the deviation is a more substantive standard in the land development code rather than one on process. That's always been my understanding. CHAIRMAN STRAIN: Is it n it's your understanding, but is the code written that way, that you would interpret it that way? MS. STUDENT-STIRLING: I was -- when the issue came up, I was searching for the language in the code. Do you have it -- can you give me a citation, Ms. Deselem? MS. DESELEM: I'm sorry. I missed the question. MS. STUDENT-STIRLING: Could you give me a -- I was looking for that section on deviations in the new codes because I anticipated this question coming up when it became an issue, and I was look in section 10. Can you cite me to the correct section? Page 33 16'C 16,,,: October 6, 2005 .~ MS. DESELEM: I will go get it and cite it to you, if you'll give me just a moment. MS. STUDENT-STIRLING: I have the code right here. CHAIRMAN STRAIN: Well, while you're looking at that, why don't we move on and get the rest of the meeting forward. Are there any n there's no other questions of staff? (No response.) CHAIRMAN STRAIN: I'd like to see ifthere's any public speakers. MR. BELLOWS: We have one registered speaker. Wait a second. No, we don't. That's the other one. CHAIRMAN STRAIN: He just disappeared. So you have no u MR. BELLOWS: That was the other item. We moved this one up. CHAIRMAN STRAIN: Okay. There's no registered speakers? MR. BELLOWS: No registered speakers. CHAIRMAN STRAIN: Okay. So this discussion is going to hinge on Margie's comment. At least I'd like to know if this deviation is applicable to all language in the LDC or just specifics. Thank you. COMMISSIONER CARON: I have a question for Rich while you're-- CHAIRMAN STRAIN: Go ahead. COMMISSIONER CARON: Didn't you begin your presentation by saying that this project now is 24 percent affordable housing? MR. YOV ANOVICH: It would be, when you take the number of units, 29. We're doing 29 affordable housing units, and we're getting a bonus of 121 units. COMMISSIONER CARON: Oh, against the bonus. MR. YOV ANOVICH: Against the bonus. That was, I think, what Mr. Giblin was talking about as well. It's a percentage of the bonus. CHAIRMAN STRAIN: Okay. So you -- okay. Well, I didn't understand that either. So if you get -- it's a percentage of the bonus that's applied. So if you had 121 units, you're closer to the percentage that Commissioner Adelstein's been trying to get to then? MR. YOV ANOVICH: Correct. He wants that number to go to 30 percent of the bonus units become affordable versus the current -- the formula we're under. CHAIRMAN STRAIN: And you're under -- your formula gives you 24 percent? MR. YOV ANOVICH: Yes. CHAIRMAN STRAIN: Okay. So you're six percent off. Okay. CHAIRMAN STRAIN: Ms. Student? MS. STUDENT-STIRLING: Yes, we've found it in the code, and it's actually characterized as a deviation from a master plan. You would not find a process on the master plan, so that would support my understanding over time, and Ms. Deselem's, that it would apply to substantive and not procedure. CHAIRMAN STRAIN: Okay. That helps, thank you. Page 34 - 1 6 , C 16 ..;.~ October 6, 2005 Commissioner Schiffer? COMMISSIONER SCHIFFER: Yeah. I just had a quick question. I had to fill time there. Rich, there's no maximum length of a building.. In other words, theoretically you could build one solid townhouse n MR. YOV ANOVICH: Yes. COMMISSIONER SCHIFFER: -- and go all around the thing. Is -- obviously the loser in that case would be the people trying to buy the units. So, in other words, he would hurt his own neighborhood. MR. YOV ANOVICH: Right. And we're not going to do that, but I will tell you that we're going to be doing four-unit and six-unit buildings. COMMISSIONER SCHIFFER: Okay, excellent. CHAIRMAN STRAIN: Okay. Any other questions? (No response.) CHAIRMAN STRAIN: Hearing none -- we'll, there's no public speakers, we'll close the public meeting. Entertain a motion. Well n COMMISSIONER SCHIFFER: I'll make a motion. CHAIRMAN STRAIN: Glad somebody will. Go ahead. COMMISSIONER SCHIFFER: Make a motion to forward PUDZ-2004-AR-608 (sic), Bristol Pines PUD to the commission with a recommendation for approval. COMMISSIONER MIDNEY: I'll second. CHAIRMAN STRAIN: Okay. COMMISSIONER ADELSTEIN: 6084. CHAIRMAN STRAIN: Motion's made by Commissioner Schiffer, seconded by Commissioner Midney. COMMISSIONER SCHIFFER: And Margie, is -- the bottom line is, we cannot forward deviation one for approval? MS. STUDENT-STIRLING: Right, because it's authorized for deviations from the master plan, and procedures are not a part ofthe master plan, so -- CHAIRMAN STRAIN: Let's get into discussion, and I have a list of stipulations that I might help get through the discussion. First one is there will be no cyclone fencing. You agreed to that. Second one is, the wall will be concrete or block or similar cementitious material. The COs for the project, the earliest they'll be starting is January of'07. They will not exceed 20 a month, and they have till sometime in October of'07, and it doesn't matter after that point. Strike section 2.1 O.E, which is the relationship to the sales center. The standards table, item number one has to be changed to may instead of shall, and the square foot for number six, I have -- number three. I don't remember what it was, Richard. Back up. Page 35 161 C 16"" October 6, 2005 MR. YOV ANOVICH: Was that the single-family home compatibility? CHAIRMAN STRAIN: Yes, that's right Add some language to that-- MR. YOV ANOVICH: To clarify, CHAIRMAN STRAIN: n to the effect that if single-family home property is purchased and the home is no longer there, then this wouldn't apply, Number seven, approval ofthe deviations as requested by staff, which means deviation number one would be denied. But, however, staff offered a compromise on deviation number one that I think ought to be considered in part ofthis stipulation. And, Ray, could you repeat that compromise just for the record? MR. BELLOWS: I'm not sure it's applicable given the county n assistant county attorney's statement about deviations from procedure. That still would be a procedural deviation that we not would be n CHAIRMAN STRAIN: If that's staff's opinion, then I'm not willing to move forward with it and I'll leave it as a denial for stipulation number n deviation number one, and that the project could be split into two phases on the master plan. Phase I would be the existing PUD as today, and phase II would be the new section that's come in for today's approval. Any other comments from the commission? COMMISSIONER SCHIFFER: Well, I just have a comment on the schedule. I mean, where does that leave the ability to continue construction? MR. YOV ANOVICH: Well, we'll do that, we'll just end up paying for two processes that do the same thing. It will slow us down because it's -- you know, it's a cumbersome process to do the same thing. What I would request, if possible -- this is really a policy decision for the Board of County Commissioners to ultimately decide whether they agree with the county attorney or not I appreciate the comments that were going to support that But if there's any support for the fact that it really doesn't make any sense to go through the same process twice, maybe that will be useful information to the Board of County Commissioners when they consider -- consider this petition. CHAIRMAN STRAIN: And I, for one, have no concern, no problem with stating that it would be nice not to have to go through the same process twice, but -- COMMISSIONER VIGLIOTTI: I agree with that I can't see any reason -- CHAIRMAN STRAIN: As far as changing my mind in staff's deviation, I don't think there's been enough evidence to show that that should be done. So that -- COMMISSIONER MIDNEY: (Nods head.) CHAIRMAN STRAIN: Now, with those stipulations, does the motion maker accept those? COMMISSIONER MIDNEY: (Nods head.) COMMISSIONER SCHIFFER: Yes, I do. Page 36 < 161G16~ October 6, 2005 CHAIRMAN STRAIN: Motion maker and the second accepts. Any discussion? (No response.) CHAIRMAN STRAIN: All those in favor? COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybodyopposed? No one's opposed. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Oop. One opposition. Okay. Thank you. The next project is a rather lengthy one, or it could be rather short, I'm not sure. So what I'd like to do is take a 10-minute break for the court reporter. And just for the record, we will be breaking for lunch a little early today to give the commission and others time to get to Subway before the whole world does. So with that, we'll take a 10 minute break tilll 0:03. Thank you. (A brief recess was had.) CHAIRMAN STRAIN: If you could all move back to your seats. We'd like to get the meeting going again. Margie, before we go into the next two petitions, I !mow they're linked together, do you have any legal preference as to which one we hear first? Does it matter? MS. STUDENT -STIRLING: I think that they should go in the order that they appear in the agenda with the DRI abandonment first-- CHAIRMAN STRAIN: Okay. MS. STUDENT-STIRLING: -- and then the PUD. CHAIRMAN STRAIN: Do we vote on them after each presentation then, or together later on? MS. STUDENT-STIRLING: I think it's up to you. You could do it either way. CHAIRMAN STRAIN: I'd rather take them separately ifthat's legally acceptable. MS. STUDENT-STIRLING: That's fine. CHAIRMAN STRAIN: Okay. Then let's n the next petition is DRIABN-2004-AR-625I, Collier Development Corporation, also !mown at the Sabal Bay project for abandonment of their DRI. Will all those wishing to speak on behalf of this petition, please rise, be sworn in. (The speakers were duly sworn.) CHAIRMAN STRAIN: Are there disclosures from the planning commission? COMMISSIONER SCHIFFER: Mr. Chairman, I'm going to have to recuse myself from this -- both of these votes. I do consulting work for WCI. Page 37 161 C16~~ October 6, 2005 CHAIRMAN STRAIN: This one though -- well, I'm not going to -- okay. COMMISSIONER SCHIFFER: The contract purchaser is WCI. CHAIRMAN STRAIN: I understand. COMMISSIONER ADELSTEIN: I had a conversation with the transportation department. CHAIRMAN STRAIN: Okay. COMMISSIONER CARON: I've had conversations with Mr. Varnadoe. CHAIRMAN STRAIN: Okay. Anybody else? COMMISSIONER VIGLIOTTI: No. CHAIRMAN STRAIN: Except for me, and I did have conversations with Varnadoe and Mr. Y ovanovich on this matter. CHAIRMAN STRAIN: With that, George, it's yours, sir. MR. VARNADOE: Thank you. For the record, George Varnadoe, law firm of Cheffy, Passidomo, Wilson, and Johnson on behalf ofthe petitioner, Collier Development Corporation, which since the time of filing the petition, has changed its name to CDC Land Investments, Inc. Same ownership entity, just changed the name. We're seeking abandonment of the Collier develop n CDC development of regional impact, commonly known as the Sabal Bay DR!, I think, to everybody, and that's what I'll use. As I'm sure you know, certain projects are considered developments or regional impacts because statutorily they are deemed to have a substantial impact on the citizens of more than one county. As DR!s, these projects are reviewed not only by the local government, but also by the regional planning council, in this case Southwest Florida Regional Council, and the Department of Community Affairs. In addition to PUD zoning in this instance, there's also a developer -- excuse me -- a development order, a DR! development order, issued for the project. As far as history, a DR! development order and PUD zoning was approved for this project in 1986. It did constitute a DR! in that it had some 4,000 dwelling units, 900 hotel rooms, a health and tennis spa, 45 holes of golf, over 1,200,000 square feet of commercial activity, and a marina with 600 wet slips and 200 dry slips. The development order issued by the county conditioned the start of development upon their being a companion development order issued by the City of Naples for that part of the project that was within the City of Naples' jurisdiction, which was part of the marina project and some of the resort hotels that were contemplated around the marina project. To make a long story short, the city denied the issuance of a development order. There were appeals taken, and litigation ensued for a number of years. During that time some ofthe land that was in the CDC DR! has been zoned for other Page 38 161 L 16 i~i ,.-. , October 6, 2005 uses, and you can look at this map in the purple, I guess, and blue area on the left -- the purple area's in the city, the blue area's in the county -- that constitutes the Hamilton Harbor PUD PD, which was approved both by the city and the county pursuant to an interlocal government agreement by which the city took the lead on analyzing the impacts of that project and making the approvals, and the county later adopted a PUD which mirrored the city's PUD for that part of the project within the county. If you look at the green area at top left, that's the Botanical Gardens PUD, which was approved by the city, the PUD in recent years. The -- as you have in your materials, the reason for abandonment is the resulting project on the rest of the land. And the original DR! is outlined on that map in red. The resultant DR! for that property -- excuse me. The resultant project for that property will not trigger the thresholds for DR! so the resulting project as proposed will not constitute a DR!; therefore, we're trying to abandon the DR!, and then you will either approve or disapprove a PUD for the remainder ofthat property. The only development that has occurred within the CDC boundaries pursuant to the development order was pursuant to our preliminary development agreement between the Department of Community Affairs and Collier Development Corporation, and the arrow points to it. It is n that preliminary development agreement approved 390 dwelling units, multi-family dwelling units, 120,000 square feet of retail, and 50,000 square feet of office. Approximately half the retail has been developed. It's Hammock Cove Shopping Center. It's a Publix dominated shopping center in that area. There's also, I think, a Walgreen's on U.S. 41. There are SDPs pending for all but one other of the retail parcels, and those properties are in third parties who are not part ofthis application, although they have consented to the abandonment, and the multi-family tract is within a week or two of seeking an SDP for that property. So that property is or will be in the very, very near future developed under the n under the preliminary development agreement, which is consistent with the PUD that was issued for this property. The major question I would have in were sitting in your shoes, because this is kind of an unusual procedure, is what about the commitments that were in the development order? What happens to those as a result of the abandonment of the development order? And there were four major commitments. One was to realign and straighten out the Rattlesnake Hammock/Thomasson intersection. Those of you who have been here for a while -- I think that includes everybody up there -- remember there was an offset of probably 150 feet between those two intersections. The county did not follow my advice and named that road Rattle Tom after we Page 39 ... 16 Ie 16 .,~: "" October 6, 2005 straightened it out. But that was subject to developer's contribution agreement, and that has been accomplished and that intersection has been straightened out. The second one was a commitment to assist with the Lely Canal drainage, which those of you who have been around as long as Ken Abernathy and Mark Strain and I, would remember they've had drainage problems in Lely since I can remember. And that Lely drainage canal comes through the property from northeast to southwest at the present time, and they wanted some assistance with expanding that canal and putting in control structures. There is a companion developer's contribution agreement to the -- to the one for the Thomasson RoadlRattlesnake Hammock intersection that was entered into, I think, in 19 -- excuse me, in 2002 or 2003 between Collier Development Corporation and the county, which does accomplish that mitigation. It hasn't all been carried out yet through the permitting process, but it does guarantee that those improvements will take place. There was also a commitment to deed some 21 acres to the school district, and there's correspondence in your packet as to when that would occur. And after the development order was accomplished and we sought to put the dedication off until we had a new PUD for the property, the school district asked if we would also acquiesce to the sale of an additional 10 acres so they'd have a larger site, and that's also in the correspondence, I think, that you have. The fourth commitment was for a one-acre site for the East Naples Fire District. This will be adjacent to the school site, and you also have correspondence as to when that would occur. The other commitments were general in nature more, I think, aimed at offsetting the scope of development. Had to do with how many acres of wetlands would be preserved or conserved, and I think that's adequately addressed in the PUD you will see later. Both the Department of Community Affairs and the Southwest Florida Regional Planning Council have notified the county they have reviewed the abandonment application and have no objections to the abandonment. So I'm going to keep this short, and I'll respond to any questions, because I'm sure you may have some. CHAIRMAN STRAIN: Questions from the panel? George, we met. I had mentioned I had a couple I just was curious about. You do not have a Corps permit on this property yet? MR. VARNADOE: Which property, Mr. Strain? CHAIRMAN STRAIN: The DR!, because you have a listing of exhibits and state and federal permits, and I didn't see a Corps permit there, and I was just curious if you had gotten one or not. MR. VARNADOE: I don't think there was, sir. Page 40 ij 161C164 October 6, 2005 - CHAIRMAN STRAIN: I'm sure that when we get to the PUD, I'll ask the same questions, so I'll get the answer there also. But there was a companion agreement involving the Lely area surface water drainage improvements, and it required certain things to be done by July 1 st of 2004. For example, a modified drainage design with South Florida Water Management District was to be completed, or designed no later than 2004. I was just curious if either that has been done or it's carried over to the PUD. MR. V ARNADOE: Let me check, Mr. Strain. I know there was work being done. I don't know whether they got it finalized or not. I need to just -- if you'll give me just 30 seconds. CHAIRMAN STRAIN: Sure, thank you. MR. ROBAU: Good morning. My name is Emilio Robau, RW A, Inc. I'll give you a card later. I can answer a couple of those questions. CHAIRMAN STRAIN: Sure. MR. ROBAU: We're currently in the permitting process, and Southwest Florida Water Management District's already seen the petition twice now, that's relative to the July 1, 2004. We submitted prior to that, from my memory, a Corps permit. I'm really glad to say that the county, after a long time, successfully gained a Corps permit -- I have a copy of it back there -- for the Lely implementation. And the project -- the balance of the development is also in the Corps permitting process. So I hope that answers your questions. CHAIRMAN STRAIN: It absolutely does. Thank you. Those were the two issues I had. And, George, I've got one of Kay. And other than that-- MR. VARNADOE: I'm sorry? CHAIRMAN STRAIN: I have one of Kay Deselem and her one issue she brought, and I'm done. Thank you, sir. MR. VARNADOE: Thank you for your time. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Okay. MR. VARNADOE: Thank you. MS. DESELEM: Good morning. For the record, Kay Deselem, principal planner with zoning and land development review. You do have the staff report, brief as it may be, and staff is recommending approval of the abandonment of the DR!. CHAIRMAN STRAIN: I've just got a scriveners issue, Kay. MS. DESELEM: Okay. CHAIRMAN STRAIN: In your ordinance that was included if you look at section Page 41 16 I -c 1 ~ October 6, 2005 two. MS. DESELEM: Okay. Hang on. I don't have a copy. Margie? CHAIRMAN STRAIN: Margie, there was an ordinance, resolution number 04 called abandonment of the CDC DR!. I know now why you used the 12 lakes regional impact as an example. It's actually section two under abandonment approved. We're abandoning the 12 lakes project again, so we just wanted to correct that. MS. DESELEM: Thank you. CHAIRMAN STRAIN: But I remember that was another similar situation to what we have here today. MS. DESELEM: Yes. CHAIRMAN STRAIN: That's the only point I had to ask. MS. DESELEM: Thank you very much for pointing that out. We will correct that. CHAIRMAN STRAIN: I would have called you earlier, but it came out last night. So I would have woke you up at midnight if! had to. Okay. Any other questions of Kay? Mr. Vamadoe? (No response.) CHAIRMAN STRAIN: None? Ray, do we have any public speakers? MR. BELLOWS: No public speakers have registered. CHAIRMAN STRAIN: Okay. With that we'll close the public hearing. Is there a motion? COMMISSIONER ADELSTEIN: I move that AR-6126 (sic) be allowed to abandon the project as they have requested. CHAIRMAN STRAIN: Is there a second? COMMISSIONER VIGLIOTTI: I'll second it. CHAIRMAN STRAIN: Motion's made and seconded. Any discussion? (No response.) CHAIRMAN STRAIN: All in favor? COMMISSIONER SCHIFFER: (Absent.) COMMISSIONER MIDNEY: Aye. COMMISSIONER ADELSTEIN: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ABERNATHY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: No opposition. Motion passes unanimously. Thank you. Page 42 .,.,. r 1 6 I C 16'~!.,~ October 6, 2005 MS. STUDENT-STIRLING: Ijust want to note that there was one recusal because of the conflict. CHAIRMAN STRAIN: So moved -- so noted, thank you. Okay. The next item on the agenda is a companion item, petition PUDZ-A-2004-AR-6126. WCI Communities, Inc., and CDC Land Investments, and this is also known as project, Sabal Bay. All those wishing to testify, please rise, be sworn in. (The speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Disclosures? COMMISSIONER ADELSTEIN: Almost everybody in the field. CHAIRMAN STRAIN: Any disclosures from planning commission? Well, looks like I've got quite a few. I mean, talked to Mr. Varnadoe, talked to Mr. Yovanovich, Mr. Realstone, Wayne Arnold, the architect -- oh, no, Wayne Arnold's on another project. Sorry. Same players, different project. That's it. Okay. COMMISSIONER ADELSTEIN: I also have one with Mr. Y ovanovich. CHAIRMAN STRAIN: Ed, it's all yours. MR. GRIFFITH: Great. Thank you. Good morning, Commission. My name is Ed Griffith. I am with WCI Communities, and I'm vice-president in the home building. This project is a petition that is a co-application of both WCI Communities and Collier Enterprises. We have Collier Enterprises representatives here, of course, and then we have all our consultants because we want to be sure absolutely that we're going to answer every and all of your questions. It's been a long time really since WCI has been back into the Naples/Collier County area with a master plan community. The last one, really, that we ever did -- that we did was like 1992, I believe, which was Pelican Marsh. It was a 2,200-acre development, and we have since only been back in doing much smaller communities. But I can tell you that this is a property that we're very interested in, we're very excited, really, and really looking forward to be back in here to provide you all, the county and everyone else in the area, to benefit of bringing you this quality kind of development that we think it is, and that I'm sure that you all will agree. We just went through yesterday with the EAC, and we had extensive conversation. We've covered a lot of things with them. And I'm pleased to say that we got a unanimous vote of recommendation for approval. So with that said, I just wanted to make a very short introduction. And we want to start off really with Rich Yovanovich, and then we have a couple others that are going to talk after him and give you an overview, and, you know, we'll just go from there. So thank you. CHAIRMAN STRAIN: Thank you. Page 43 161 C 16 :,..'1 ., "": . October 6, 2005 MR. YOV ANOVICH: Good moming. Again, for the record, Rich Y ovanovich. I won't repeat what Mr. Varnadoe said in his rundown of the project history. I had originally planned on going through that, but he covered that very well. What you have before you today is a new PUD for approximately 2,400 acres. It includes the PDA area that Mr. Varnadoe discussed as part of his overview. The project density is being reduced from the 4,000 residential units that were originally within the DR! to 1,766 dwelling units. The over a million square feet of commercial is being reduced to essentially 260,000 square feet, 180,000 retail and 80,000 square feet of office. I'm sorry. When I said 1,766, I meant to say 1,999. CHAIRMAN STRAIN: I was going to correct you. MR. YOV ANOVICH: Four thousand units went down to 1,999. No problem. Sorry, Ed n went down to 1,999 units, and the million square feet went down to no more than 200,000 square feet of retail and 60,000 square feet of office. The hotel units were reduced from the 900 to 250. Now, we cannot build all ofthe 1,999 units, all of the retail and office, and all of the hotel units. We specifically have limited ourselves in the PUD document to be below the DR! threshold. So we would have to reduce -- for example, if we wanted to do the 200,000 square feet of retail, we would have to reduce some of that -- some of the residential units to make sure we do not trigger the DR! threshold which says you can't exceed 160 percent of the thresholds of three or more different uses. So the PUD document is very clear. These are upside numbers that we can do, so you would know we'd never be more than those numbers. We can't achieve all of those upside numbers as we go through the process. There are -- there's roughly 87,000 square feet of existing retail uses in the PDA area. I think George pointed out that there's contracts on several other parcels. WCI is under contract to purchase the balance of the project. There are some vested units from a transportation concurrency standpoint, and that's where the number 1,766 comes into play. The Developer Contribution Agreement for the realignment of Rattlesnake and Thomasson addresses that, and we have a COA for 1,766 residential units at this time. The commercial that's already there, obviously, is built and is not subject to transportation concurrency. The PUD document is consistent with all of the elements of comprehensive plan. As Ed mentioned, we had a very long and detailed discussion about the environmental-- the environmental portion of the project and what the EAC deals with. We actually got applause from the chairman after we got done with our presentation because it was clear that we went above and beyond what's necessary in protecting the environment in dealing with water quality issues. Page 44 1 6 I C 16 ,~>~ October 6, 2005 ."'"..... '" The project, as you can see from your staff report and from what George has said and what I've said to date, to this point, is a tremendous reduction from what was originally approved in 1986. It also really is the culmination of the resolution of the litigation that ensued for the many, many years as a result of that project. We've worked closely with the Conservancy, Florida Wildlife, Collier Audubon, and have met with and dealt with Rookery Bay to make sure that we've addressed all the issues that were raised in that litigation. The PUD actually implements, you know, the settlements that were reached with all of those agencies, including dealing with the Department of Community Affairs and addressing the DRI issues. Bob Mulhere will take you through a detailed analysis and presentation of the master plan. After Bob speaks, the rest of the consultants can answer any questions you may have regarding the project, but it may be helpful if we let Bob go through his presentation before we start to get into more specific questions. Otherwise, if you'd rather ask questions now, feel free, but if we can have Bob make his presentation, it may answer a lot of questions. And with that, we hope at the end of the day, you'll follow the EAC's lead and recommend approval to the Board of County Commissioners of the project. It's clearly a very, very upscale and nice project for the East Naples area and one that is a tremendous reduction in the original proposed development for the area. CHAIRMAN STRAIN: Thank you, Richard. One of the -- one point I'd like to make in my disclosure, I did talk to Bob Mulhere as well. And all the comments and items that I talked to all those people about will be brought up again today at this meeting. I will bring them up in my question period, so thank you. MR. MULHERE: Thank you. For the record, Bob Mulhere from n with RW A, Incorporated, here on behalf of WCI. I'm going to try not to be repetitive because of the nature of the previous petition. And, of course, Richard's comments n a lot of what I said -- intended to say to introduce the project has already been said. Just pointing to the aerial here, the property location n is this on? Yeah, okay. The property location is clearly depicted here. I just wanted to show you that, you know, Thomasson Drive runs here, the new Thomasson goes this way, and of course, this is the developed shopping right in there, the East Tamiami Trial, and Bayshore Drive. Over here you can clearly see the intercoastal waterway, and Wentworth PUD is here, and to the south the property -- which is off the screen so move it up a little bit n is bounded by Rookery Bay. I'm going to put this exhibit on here that we had on previously. I just wanted to briefly go over n I think this exhibit depicts clearly what was originally part of the DRI and PUD, which is outlined in red. The yellow hatched area is the area that is proposed to be zoned both from PUD and from ago and ago ST, which are these parcels here. Page 45 161 C 16-. October 6, 2005 ~.~,., The green color is a portion of the property that was originally in the PUD and DRI, is taken out, and actually is Botanical Gardens. And the -- oh, I don't n it looks purple to me, but my wife always says I'm color blind. But anyway, that n this area here is Hamilton Harbor, the portion that's located within the city, and the blue part ofthe original DRI n was part of the Hamilton Harbor area that was located within the county, that -- those are the areas that are not part of the proposal that's before you today. In terms of the zoning, I indicated that the two parcels that we're adding are ago and ago ST. The balance is PUD. The comprehensive plan designation, this property's in the urban area. The maximum density that's allowable is three dwelling units per acre. The gross density, when you subtract out the commercial acreage is 1.26 units per acre, and that's the gross density that we're requesting on the 1,999 units. I think both George and Rich went over the differences between the DRI and the PUD, so I will not repeat those. I do want to talk a little bit about the native preservation. I'll put up another exhibit here. This exhibit depicts the 1986 master plan colorized using the same colors for the types of land uses and also depicts the present PUD master plan. We have a number of experts here that can talk to environmental issues. And as questions come up, certainly they would be better to speak to the issues. I only want to give you a general overview. The project has been very carefully planned to avoid the most important natural resources and the most significant habitat areas where listed species occur. And we have created habitat areas that did not previously exist in a number of areas to protect those natural resources as habitat areas for listed species. There's significantly more natural area of preserve in this plan than in this plan, even when you consider or subtract the additional acreage. In exact numbers, we're required to preserve is 25 percent of the project's naturally occurring native vegetation. Translates to about 560 acres. We are actually preserving 56 percent, or 1,256 acres, plus or minus, and that's significantly higher numbered than previously was required. Of course, the state and federal requirements are considerably more stringent today than they were in 1986 when this was originally approved. It was already mentioned that the EAC unanimously recommended approval, and I think it was an exceptionally good hearing. There was a significant amount of discussion. We got into great detail relative to the natural resource issues, but also the water quality issues. We're going well above and beyond what would typically be required. But I wanted to go back to the aerial and point out -- which I think you can see n the main Lely Canal runs through the property. Page 46 161 C16__ '-II! October 6, 2005 COMMISSIONER ABERNATHY: Where was that again? MR. MULHERE: It's -- let me zoom in a little bit. That might -- COMMISSIONER ABERNATHY: Yeah. I thought I saw it. MR. MULHERE: Oops. That's out. You can see that running here. COMMISSIONER ABERNATHY: Okay. I'm with you. MR. MULHERE: We're going -- the county has been pursuing for about 15 years the permitting of that. And the significance ofthat is that it's a regionally significant facility in that it takes water from a very large geographic area. We are going to be the ones with the county permitting it to actually construct it, and we will be making significant improvements to make that function more naturally and appear more naturally. And I won't get into the details. If you have specific questions, Emilio Robau is much more qualified to answer those questions, and he is here. COMMISSIONER ABERNATHY: Well, let me ask a fairly base-line question. Does it eventually empty into the estuary down there? MR. MULHERE: Yes, after -- COMMISSIONER ABERNATHY: Rookery Bay? MR. MULHERE: Yes, through spreader. COMMISSIONER ABERNATHY: That's all freshwater going into there; is that right? MR. MULHERE: That's correct. And I -- I mean, we can give you -- COMMISSIONER ABERNATHY: That's been accounted n taken into account? MR. MULHERE: That's correct. County staff has conducted a thorough review, all of the various departments and agencies, and they are recommending approval. I did want to show you the master plan briefly, since you've seen the colorized version. But, again, we've taken great care in planning this project to avoid the areas of significant natural resource value. There are a couple of issues that I do wish to discuss with you related to the deviations that we've requested, and I guess I'll get right to those. In the staff report, starting on page 7 of 12, at the bottom ofthe pages the deviation requests are listed and the staff recommendation is also listed. Deviation one, staff is recommending approval for; deviation two, staff is recommending approval of; and deviation three, staff is recommending approval. Deviation four was a request to allow fence heights not to exceed nine feet, fence and berm in combination. Staff has recommended approval with the condition that the height not exceed eight feet, and we can accept staffs recommendation on that one. Deviation five was a request to allow a maximum of two ground or wall entrance signs up to 60 square feet at the entrance of each of the individual residential tracts. Page 47 16 i C 1~2ober 6, 2005 I think the important thing to note here -- this is a very large project, obviously, master plan community. These signs would not be visible to the general public. These signs would be intemalized to the development. This type of deviation has been approved in a number of other PUDs, particularly Wentworth PUD, which is immediately adjacent us, had deviations approved that allowed for actually more signage internal and external than we are requesting. Specifically within the Wentworth PUD, two entrance signs were allowed at each subdivision entrance, similar to what we're requesting, with a maximum of 120 square feet for each sign face, a maximum of 240 square feet oftotal sign faces in entrances. So we don't think what we're asking for is unreasonable. It's going to be designed to be very attractive, as is always the case with WCI. And I have some photos that I want to put on the visualizer to maybe give you a better understanding of what we're talking about. These are some examples. I'm sorry that -- CHAIRMAN STRAIN: You need to use that mike. There you go. MR. MULHERE: I have, by the way, pages and pages of these, so I won't go through all of them. Ijust want to give you some examples. But these are examples of some project entrance signs. These were taken at Pelican Marsh. I think you can see that they're very attractive. The landscaping is exceptionally well done. I just want to put a few other examples up there. The deviation that we're requesting would allow us to develop these types of signs with architectural embellishments. We are limited at to what we can put on the signs. We're not asking for any deviation in terms of what we can put on there. There are not going to be garish billboard type signs. They just are larger because of the scale of the project, and it seems appropriate. Again, they're internalized and not seen by the general public. The second deviation next n COMMISSIONER CARON: Bob? MR. MULHERE: Yes. COMMISSIONER CARON: That's not internal to that project. MR. MULHERE: Well, that one may not be. I have both the external signs and the internal signs. I'll show you some more of the internal signs. Here's one, for example. And actually the next deviation deals with the external signs, and I'll get to that. Deviation six, requested deviation to allow entrance signs up to 120 square feet allowing for two ground signs at each project entrance on U.S. 41, Thomasson, and Bayshore. Again, this is not atypical. Such deviation has been granted in numerous PUDs. And this exhibit that I had on just before is an example of those types of signs. I have some other external signs here. Just give me one minute. Page 48 1 6' C 16..... October 6, 2005 COMMISSIONER ABERNATHY: When you said Thomasson and Bayshore, you're not talking about that intersection? You're talking about 41 and Thomasson, and 41 and Bayshore? MR. MULHERE: That's correct, yeah. That may be a little bit hard to see, but there is a sign on that wall. These two signs would not be n these two deviations would not in any way be injurious to the public. As I said, they'll be architecturally designed, very attractive and integrated with landscaping. They are slightly larger than what's allowed in the land development code, but there is a process to request that. We can see really no valid reason not to approve that. As I said, it's been approved in many other PUDs. The frontage on U.S. 41 is very -- we do have a significant amount of frontage on U.S. 41, but 41 is, you know, a six-lane roadway with fairly high speeds and, you know, to have appropriate size of signage which will be in scale with the project and with the frontage and arterial roadway there seems to make really very good sense. COMMISSIONER ABERNA THY: You don't have any property at Bayshore and 41, do you? MR. MULHERE: No. No. COMMISSIONER ABERNATHY: So where you going to put it? MR. MULHERE: No. So we won't be putting a sign there, right. COMMISSIONER ABERNATHY: Took a long time to get around to that. MR. MULHERE: The next deviation that I would like to discuss with you is number seven and n on page 9 of 12, and this deviation that we requested seeks relief from parking requirements set forth in the land development code to allow parking for uses and structures constructed in the recreational village center, which I'll show you on the master plan, is fully internalized to the site, right here. Weare not far along enough in our planning to know exactly what we might want there; however, it seems appropriate to allow for a signage plan to be submitted to the county and that that signage plan would account for a rationale behind any reduction or increase or any variances from the sign code within that village center. Again, it's fully internalized. That's what we were requesting. At the time we develop the town center, we may create a master signage plan for that. We would submit it to the county with a rationale. CHAIRMAN STRAIN: You're on number seven? MR. MULHERE: I'm sorry. I may be -- CHAIRMAN STRAIN: Number seven's talking about parking n MR. MULHERE: Oh, yes. CHAIRMAN STRAIN: -- deviations. MR. MULHERE: I apologize. CHAIRMAN STRAIN: Okay. MR. MULHERE: Yes. Let's go to number seven. Page 49 161:C 16 October 6, 2005 CHAIRMAN STRAIN: Well, that's where we were, wasn't it? MR. MULHERE: Yes. Because I think there was no objection to the other one. I apologize. CHAIRMAN STRAIN: Okay. MR. MULHERE: Yes. Number seven is a similar request, however, in the village center to allow a variation in parking. And, again, in that case, we would be allowed to -- we would present to the county a rationale for any reduction in parking primarily based on shared parking with uses located within the village center. And again, there's really no rationale for requiring additional parking if it's not necessary. We don't know at this time whether we would request that. But if we were able to co-locate a number of uses in the village center, which does allow for a mixture of uses, including residential and commercial and hotel, we may wish to have a reduction in the number of spaces that are typically required, so that's what we were asking for. The staff cites the section 4.05.02.K.3, which is an application to request from the Board of Zoning Appeals a parking exemption. And we would -- we think there's a difference between the two of those. We're not going to ask for a park exemption. We're going to ask for a different parking ratio based on some demonstration that it's appropriate. We're not in a position at this point to create that. All we're asking for is the opportunity to do that, and allow professional staff, including transportation services and planning services, to review that. CHAIRMAN STRAIN: Bob, before you leave that one, we ran into similar issue of criteria in the recent Bayshore overlay. They wanted some deviations or requests to change their parking standards, but they offered no criteria to do so, yet they wanted staff to be able to make that determination. I think staffs predicament is, on what do they base that determination? If you're asking for a 75 percent reduction, why is that any different than if you're asking for a 25 percent? So I think if you could come up with some criteria towards that, it might solve the problem. MR. MULHERE: I agree. What we said was -- you know, I'm going to read this. Deviation seven seeks relief from the standards set forth in the LDC to allow parking for uses and structures within the rec. vehicle center to be reduced, should such a reduction be deemed warranted through the development and submission of a shared parking analysis submitted with the SDP application, parking requirements shall be determined utilizing the modal splits and parking demands for various uses recognized by the Institute of Traffic Engineers, ITE, as well as Urban Land Institute or other sources and studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function recognizing the required parking area will vary depending on Page 50 1 6 I ~ 16 ,...; . October 6, 2005 multiple functions or uses in close proximity, which are unlikely to require the same space n spaces at the same time. Shared parking analysis and methodology shall be determined and agreed upon by Collier n by Collier County transportation staff and the developer during the SDP preapplication meeting. So I think we provided a significant basis for a professional determination that would -- methodology of which would be agreed upon prior to the submission of the SDP. CHAIRMAN STRAIN: Can you think of any maximum percentage cap that you would be requested to go to so that there's always a -- there's always a drop-dead point? MR. MULHERE: I can't see a situation where we'd request a reduction below 25 percent, a reduction below that. CHAIRMAN STRAIN: Okay. I was thinking that, okay. That's what I was trying to get to. That does help, so n MR. MULHERE: Okay. The last deviation -- and I apologize for the signage deviation. I had too much discussion on that one, I just missed my place. Deviation number eight was recommended for approval by the staff, and so obviously, we're fine with that. That was just an architectural condition that already exists out there in the developed shopping center. In conclusion -- obviously we're available for questions. As was already stated, we think we've done an exceptionally good job of designing this large master plan community. We think it's going to be very beneficial to the community, the area, the neighborhood. We did have a neighborhood information meeting held on November 4, 2004. There were about 40 individuals there. The information related to that is contained in your staff report. We've already given you the EAC recommendation and, of course, the staff is recommending approval. So for the most part, there's a lot of agreement on this petition. There were just the three deviations that were questioned that we feel are appropriate. And I'm happy to answer any questions that you have. COMMISSIONER ABERNATHY: Did I understand you to say that the Hammock Bay Shopping Center is not being conveyed with n as part ofthe purchase? MR. MULHERE: That is correct. That's being retained. COMMISSIONER MIDNEY: I see that the price point on this is about $750,000. Is this project planning to do anything to address affordable housing in this county? MR. MULHERE: You know, that's a question I'm going to defer to, it looks like, Mr. Yovanovich. MR. YOV ANOVICH: As you heard from, you know, my earlier comments and Page 51 161Gi6" October 6, 2005 - George's comments, you know, this project has really gone above and beyond regarding taking in the community considerations and issues ofthe like. We've come through and we're reducing the density to less than half. The intensity of commercial is being reduced tremendously. We're going above and beyond with regard to water quality and other issues like that. So we believe that, based on the merits of the project, that it should stand as is. With that being said, we have -- we have considered the issue of affordable housing, and I'm going to turn it over to Mr. Griffin -- Griffith from WCI to go ahead and address that issue for you. MR. GRIFFITH: Thank you. Well, I mean, as we all know, affordable housing is a very, very complex situation, and we all realize that it's an issue. And it's just not an issue in Collier County, I mean, it's an issue all over. And also it's something that we need to do something about. And, you know, WCI is definitely wanting to do something about affordable housing, and we have been. We've been trying to do things as what we can do, considering what there is out there available to try to solve it. But what we do is not solving the whole -- the whole problem of affordable housing, and there really is a lot more to it. You know, we are -- I'm going to tell you what we can do with this community, but I also can tell you that, you know, what my offer is, it's not the panacea to the solution to this problem. But, you know, in our community I think for -- and we have an idea of the way the trend is going and so on and so forth n I think $1,000 per unit as a contribution towards something -- I don't know exactly what that would be, and maybe we need to discuss that more. And, of course, commercial is a part of this just like residential. Fifty cents a square foot, say, on retail. You know, we are willing to make that contribution towards affordable housing issues. And if you do the math -- again, it was mentioned before, I mean, WCI and Collier Enterprises were co-applicants on this. We're going to end up with the rights for developing only 1,609 units, and we have a 10-acre parcel for commercial, and, you know, I can commit to that. Our company can commit to that. And, you know, I think that's, you know, very reasonable. And under the consideration of, yes, money. Money can help, but again, money is not the panacea. This is something that goes so deep, and our company is very active in being involved in a lot of committees and working with people on how to try to solve this. We've been doing this for years. We've got to get there. And I don't think just collecting contributions is going to solve it. We need to work together, and, I mean, we'll be more than willing to work with you all. You just let us know. But we've got to get somewhere beyond this to where there's a level playing field, and there's got to be fairness and there's got to be equitability in this thing. Page 52 16/e16 October 6, 2005 But, you know, if we don't do anything else but just try and collect the funds, it will never get solved. And it's an issue that goes way past before we were born. I mean, this is a deep societal kind of thing. So we need to work on this. We can't give up. COMMISSIONER MIDNEY: I agree with your comments and I appreciate the spirit in which you've said them, and we're also hearing a lot about this now with the reconstruction of New Orleans, and fairness and equity too. And I'm just going to bring in a little history. I appreciate what you said about this has been going on for a long time. My grandfather told me a story about where he comes from in Northwest Missouri. And he said that during reconstruction when the people who lived there no longer could have slaves, they made a law or made something pass that all black people had to leave the county. During those days and actually for 100 years, the only safe place, if a black person got stuck in that county after nightfall, the only place he could be safe was in the county jail. And at least in those days they were open in saying that we just didn't need you, we don't want you. Here in this day and age, we're saying we want the cheap labor, but, you know, you're going to have to live somewhere else. Not in terms of a law, but just in terms of a practical matter, that there's nothing that people can afford except out in Immokalee or in other counties. And I agree with you, we have to do something about it. MR. GRIFFITH: Exactly. COMMISSIONER MIDNEY: More than just collecting money. The collecting money is certainly a positive step, but we have to do more than that. MR. GRIFFITH: It's a very complex problem. COMMISSIONER MIDNEY: Thank you. MR. GRIFFITH: And I mean, I don't know -- I've not heard of -- I mean, if you add it all up, I think a million six is a substantial amount of contribution to the situation. You know, I don't know what precedence we may be setting, but I mean, I think we've got to figure something out here of where everybody understands what it is they're going to be making the contribution. The other thing -- and this is my opinion, and I firmly believe, it's not the developers coming in with new developments that are responsible for trying to solve a problem that goes so far back. It will never happen. There ain't enough money in that kind of industry to solve it. It's everybody's problem. It's everybody's problem that employs people in those income ranges. So that means those are -- all the people that have that need to come to the table, and they need to deal with this and work with this. And it's not just you all and us developers. That is not the way to get this done. So you want us involved, we'll get involved, you just let us know. But this is my offer, and I hope you all will accept it. Page 53 16tC-lo October 6, 2005 ....,.. CHAIRMA.NSTRAIN: Well, I appreciate the tone that this sets for today, and I do thank you and WCI. That's an awfully good move to make for this county. And Mr. Abernathy, you had something to say? COMMISSIONER ABERNATHY: It occurred to me that every time Habitat for Humanity comes in here, they decry the ever-increasing cost ofland. That's their biggest problem. MR. GRIFFITH: That is one of the problems for everybody, including us. I mean, you know, this is not Habitat for Humanity, but it's more ofa problem for Habitat for Humanity, absolutely. But it's a n it's one of the factors. It's one ofthe drivers that is making this very difficult. COMMISSIONER ABERNATHY: What about gifting lands to Habitat for Humanity instead of dollars? MR. GRIFFITH: Gifting -- you mean buy land and gift it to them? COMMISSIONER ABERNATHY: Well, I figured you might have some in your pocket. MR. GRIFFITH: Well-- COMMISSIONER ABERNATHY: I mean, I'll leave that to you. MR. GRIFFITH: Right, right. And again, you know, money can buy land and, you know, it can be used by those to build affordable housing, and they truly are a niche in the industry. I mean, there's affordable housing builders out there that know how to do this. And I've met with them, and their complaints are the same. We can build this stuff, we just can't get the land cheap enough to be able to justify the business side of it to do it. And so they need help. They want to build it. They just need help to be able to do that. I would say that -- COMMISSIONER ABERNATHY: Well, there must be people around who have land whose cost basis stretches back 10 or 15 years. MR. GRIFFITH: Well, you're absolutely right, but I can tell you that today when they tell you how much they want to sell it for, I don't know that there's any kind of proportionate thing in regards to what the basis of the land is. If they've owned it for 100 years or if they've owned it for only five years, the marketplace price is what it is today. COMMISSIONER ABERNATHY: But it's a different proposition for them than for you to go out and buy it? MR. GRIFFITH: Right. CHAIRMAN STRAIN: Well, maybe the zoo property would work perfectly. And Ed n and I was going to get into the affordable housing issue as well as the meeting went on, but since it's brought up now, I just want to make sure -- because I make notes, and at the end of the meeting hopefully we'll discuss all the stipulations. MR. GRIFFITH: Yes. CHAIRMAN STRAIN: You're volunteering 1,000 per unit? Page 54 - 16IC16._ ':"tober 6, 2005 MR. GRIFFITH: Yes, sir. CHAIRMAN STRAIN: And fifty cents for the commercial. MR. GRIFFITH: Yes. CHAIRMAN STRAIN: I'm assuming, since none ofthe units are commercial that are in the already ongoing PDA -- MR. GRIFFITH: Correct, or any ofthe other units beyond the 1,609. We would not have any ability or authority to be able to do that. We can't do that. We can only do what we have the right to build, and that's 1,609 units and whatever's on that 10 acres of commercial that we have. CHAIRMAN STRAIN: That's correct. That's what I'm referring to. MR. GRIFFITH: Exactly. CHAIRMAN STRAIN: There is a mechanism in which the county has a trust fund that is maintained to handle this kind of money. Would you have any objection to it being earmarked to that trust fund for affordable housing or workforce or gap housing, whatever you want to call it, up to a range of not to exceed 120 percent of the median income? MR. GRIFFITH: We don't really care n I'm looking towards your help to find a way of where this money can go to really do something beneficial and get something accomplished. That's one of our concerns. You know, we make this offer, we want it to be the value that it is that we're donating this. We want it to go somewhere where it's really going to make a difference. We don't want it to end up in some account or some fund that, you know, gets unused, gets lost and now nobody knows what happened to that money. CHAIRMAN STRAIN: Well, later today maybe Cormac -- because this is n we've got a long meeting today. But at some point n MR. GRIFFITH: Okay. CHAIRMAN STRAIN: -- when staff gets involved, we can-- MR. GRIFFITH: Okay. Well, you have our commitment on that, we want to work with you, but we want to be just absolutely sure that this money is going to the affordable housing cause, and it's going to get something done. CHAIRMAN STRAIN: And I would assume you'd tie it to closing of the units and CO of commercial? MR. GRIFFITH: Yes, absolutely, that would -- closing of the units, and you know, that's when the business of that would be taken care of, that contribution. Absolutely, Mark. COMMISSIONER CARON: You mentioned something about 10 acres though. What -- MR. GRIFFITH: And what we will have the rights to build in this development that really is a Collier Enterprise and a WCI development, they're retaining a certain amount ofland which is in the PDA, and they have so much commercial acreage in Page 55 16 I C 16,~ October 6, 2005 there. The portion that we have, you know, we're not really commercial developers, but we're residential developers and golf developers, but we have 10 acres with ours. So that 10 acres being within our property, you know, what I'm saying is, I'm accepting responsibility for that and the number of units, 1,609, that we have. CHAIRMAN STRAIN: Okay. MR. GRIFFITH: Thank you. MR. MULHERE: That 10 acres is located where I'm going to put the arrow. CHAIRMAN STRAIN: You're moving it all over. So it's in the preserve? MR. MULHERE: No. Right there. COMMISSIONER CARON: CO-3, right? MR. MULHERE: Yes. CHAIRMAN STRAIN: Okay. COMMISSIONER ABERNATHY: I've got another question. CHAIRMAN STRAIN: Go ahead, Mr. Abernathy. COMMISSIONER ABERNATHY: Bob Mulhere? MR. MULHERE: Yes. COMMISSIONER ABERNATHY: If! read this -- these documents correctly, you're opting not to use county water and sewer; is that right? MR. MULHERE: No. COMMISSIONER ABERNATHY: No? I don't know where I got that then. Must have come to me in a dream. CHAIRMAN STRAIN: Bob, is your presentation n at this point would you prefer to go into questions from this panel? MR. MULHERE: I think that's where we're at. CHAIRMAN STRAIN: I mean, I've got quite a few just for clarifications and details, but I'm not sure if the other members would like to go first. Okay. COMMISSIONER MIDNEY: Are we having county presentation first or -- CHAIRMAN STRAIN: I guess either way. We've -- in the past we've asked the applicant and then got county up. So I think by the applicant's statements, we might get through the -- yeah, get through with the applicant and then we might get through the county like we always have, Paul. Bob? MR. MULHERE: Yes. CHAIRMAN STRAIN: Let's start out with the n I'm going to have to go in the order that stuff was provided to me in my packet, because it seems the simplest way to get through, and it's a large project -- MR. MULHERE: Okay. CHAIRMAN STRAIN: -- so it's going to take a little bit of time. In the very first project site map that was provided to me n and it was basically an Page 56 16 1 C 16 ": October 6, 2005 aerial outlined in red n you have a hole in the dougmmt. MR. MULHERE: Correct. CHAIRMAN STRAIN: There's a -- from what I see in some other diagrams you showed, there is an access to that hole in the doughnut. Is that access way wide enough to accommodate any future needs for the density that could be placed south of that -- into that area? MR. MULHERE: Well, I don't know if! can answer that question in terms of not knowing what might be requested when they come in in terms of density. CHAIRMAN STRAIN: Do you know what it is? Do you know what that -- I see you have an access way in red shown in this particular map. In the one I have it didn't have it. Do you know what the width ofthat opening roadway is? Is it to a county standard width? MR. MULHERE: Yes, it is, 60 foot. CHAIRMAN STRAIN: Okay. Is there utility easements on both sides that are provided by you? Are they on your property? Are they on somebody else's property? MR. MULHERE: I'm not sure of that question. I don't know. CHAIRMAN STRAIN: Well, I think it's important that that get addressed so that whoever owns that property that's not addressed in this PUD has adequate access to whatever density they put on that in the future that they would come in and ask for. MR. ROBAU: Yes. Emilio Robau again, RWA, Inc. That's a standard 60-foot right-of-way, and it would be used for access for that hole in the doughnut -- CHAIRMAN STRAIN: Okay. MR. ROBAU: n which is a piece of property that's not included in this project. I don't believe it has the standard 10- foot utility easements on each side. It's a two-lane swale design. It currently accesses a street of a variety of manufactured homes and so on and so forth. And I think that answers all your questions. CHAIRMAN STRAIN: Right. I think as we go along, to simplify the process, instead of me getting the rest of my answers later on when I call Don Scott up, if you don't mind him interjecting some viewpoint at this point, we can settle this one issue and move on to the next. MR. SCOTT: Yes, sir. CHAIRMAN STRAIN: Don, this access to the -- on part of the property that is not part of the PUD, I just heard it's 60 feet. Is that, in your opinion, adequate enough to service whatever comes out of that area in the south? MR. SCOTT: Yes. That's our standard width for local roads around the county. CHAIRMAN STRAIN: Okay. Now, as far as lO-foot utility easements on each side, do you know if they exist right now? MR. SCOTT: I don't know if they exist or not. Page 57 16 I C 16 -"'!:October 6,2005 CHAIRMAN :STRAIN: Okay. Then I'm going to go back to -- you're going to need those, aren't you, should anything be developed south of that? MR. SCOTT: I mean, there's a possibility we could get utilities within there, too. It would be nice to have the 10-foot easements, obviously. CHAIRMAN STRAIN: I thought that. And so my next question to Bob or Emilio, whoever, would you have any objection to allowing the 10-foot utility easements on each side of that entrance road, should they be needed in the future? MR. YOV ANOVICH: If that's the question, we don't have any objection to the 10- foot. CHAIRMAN STRAIN: Ijust wanted to make sure we got there. Okay. MR. MULHERE: That's the extension of Bayshore. CHAIRMAN STRAIN: Yes, it is. The concurrency issue involving roads, you're vested because of a Collier County contribution agreement that's already in place and completed; is that true? MR. YOV ANOVICH: Yes, sir. That's the developer contribution agreement we discussed, and the improvements were made and the required cash payments were made, and we have a certificate of public facility adequacy for that. CHAIRMAN STRAIN: Okay. Bob, in your PUD n and I guess it just n it's almost a follow-up to the question that Richard just answered. The Collier County contribution agreement was apparently for 1,766 acres n or units, and you only have 1,609. So did the rest apply to the PDA? And how does that 233 or the additional units that bring you up to 1,999 fit into that equation? MR. MULHERE: They're not subject to it. CHAIRMAN STRAIN: They're not subject to it? MR. MULHERE: That's correct. CHAIRMAN STRAIN: Okay. So the excess over 1,609 applies to what portion of the project? MR. YOV ANOVICH: The number, 1,999, you take out the 390 that's in the PDA area, that's how you come to our 1,609. The 1,766 includes the 390. So you n CHAIRMAN STRAIN: Okay. MR. YOV ANOVICH: -- subtract out 390 from that, there's going to be a shortfall of233 units that we will be subject to concurrency on. CHAIRMAN STRAIN: And that comes out of your 1,609? MR. YOV ANOVICH: Yes. CHAIRMAN STRAIN: Is that the way you're looking at it? MR. YOVANOVICH: Yes. CHAIRMAN STRAIN: Okay. Ray, rather than me waste time and be redundant, this PUD has a lot of the same kind oflanguage that we've talked about. I know you're working on a draft cleanup that was going to happen soon. So you're still working on that, I take it? Page 58 '''~'- 1 6' C 16 O~tober 6, 2005 MR. BELLOWS: I'm nearly done though. CHAIRMAN STRAIN: Okay, thank you. Bob, I notice that the nine-foot fence or wall height is in the PUD. I'm assuming now that the deviation has been agreed to -- MR. MULHERE: Yes. CHAIRMAN STRAIN: -- by you, that you're going to change the PUD or staff will change it to take that nine foot out? MR. MULHERE: We'll change it. We presume between now and the board hearing, there'll be other need to amend it. But yes, we'll change that down to eight. CHAIRMAN STRAIN: I notice the other deviations that staff denied are in the PUD as well. MR. MULHERE: Correct. CHAIRMAN STRAIN: Depending on the outcome of to day's meeting, or whatever comes out of that, it will be changed? MR. MULHERE: Today's and the board's, yeah. CHAIRMAN STRAIN: Okay. You've also got a provision here to allow assisted living facilities. Was that going to be -- if they are used, are they going to be on a one-to-one ratio for your density counts? MR. MULHERE: They'd be subject to the provisions ofthe LDC. CHAIRMAN STRAIN: Okay. Since you're silent on it -- in your development table, you talk about various setbacks, ALF, which you just answered. I'm trying to find n I had a couple questions, but you may have already addressed them. MR. MULHERE: I'm getting to that, Commissioner Strain. CHAIRMAN STRAIN: Well, I think you already addressed them. You covered Mr. Abernathy's six feet. I saw that right off the bat, so. MR. MULHERE: Well, that's the minimum he'll accept. CHAIRMAN STRAIN: Okay. One question, the common architectural theme is an element in here for your reduction of setbacks between buildings? MR. MULHERE: Yes. CHAIRMAN STRAIN: Is that consistent with the process in the LDC today? MR. MULHERE: Yes. CHAIRMAN STRAIN: So it's not a deviation you're look for by putting it in here; you're basically restating what n that you're going to be consistent with the methodology in the LDC? MR. MULHERE: Correct. Restating it. CHAIRMAN STRAIN: Okay. MR. MULHERE: I think it's just important to have it on that table. CHAIRMAN STRAIN: All right. I'm trying to get to the n most of your PUD isn't where my questions are going to be, so. Under your water management section 8.6(B), it's on page 8-3 n Page 59 . 16' C 16 October 6, 2005 MR. MULHERE: Okay. CHAIRMAN STRAIN: -- you're talking about some design guidelines, and I've seen something here I haven't heard before, and maybe you can explain to me what it is. The analysis of pre development pollutant loading and post-development pollutant loading in general accordance with the Harvey Harper methodology. I haven't heard that referred to before. MR. MULHERE: I've got to go to the expert. CHAIRMAN STRAIN: Okay. I haven't seen it, so I don't know what it is. And I also know that I'm going to be getting to soon a three-page letter from the Rookery Bay people, and they addressed pollutants, and I want to know ifthis is consistent with what they're trying to say in their letter. MR. ROBAU: Emilio again. The Harvey Harper methodology is a way of handling water quality pre- versus post-conditions. And basically there's some matrixes available that, according to what kind ofland use you have in the existing condition, which in this case is undeveloped vacant land, or it could be, for instance, cattle grazing land, which would have a higher factor ofloading on the water bodies. So it allows you to estimate what pollutant loadings would come from the existing condition, and the thought pattern is that you can't exceed, and you have to do better than that in the post-condition. And the post-condition has several different land use categories and several different water quality type of constituents that would go into the system. It was developed by a gentleman named Harvey Harper who, I believe is a Ph.D., has a firm out of Orlando. And I think the federal agencies like it, some -- most of them do, to do this type of analysis. It's not currently accepted by all agencies and all environmental interveners, et cetera. But for lack of a better term, I think it's the best consensus methodology that we have today. And staff wanted us to speak to that, and we did. And I've actually run two different versions of it. And it's a wet detention based analysis tool is what it IS. CHAIRMAN STRAIN: Does South Florida accept it as a standard, or do they have a different standard than that offers? MR. ROBAU: Well, South Florida, you know, they have their whole basis of review and their whole state methodology to address water quality and water quantity impacts. South Florida, the way it's -- I'm just telling you how it happens today in real time. They accept the Harvey Harper, and they just kind of pass it along. I don't think they do a whole bunch of review. It's just another example of a reasonable assurance that they use in order to grant their permit instruments, and the feds use it. CHAIRMAN STRAIN: This being in the PUD, does it override any criteria that the county may have in place? Page 60 161 G 16 October 6, 2005 MR. ROBAU: No, not at all. This n you know, this is above and beyond type of scenario. The county typically relies on the state permitting procedures and their laws and the expertise that the state provides for that. CHAIRMAN STRAIN: Thank you, Emilio. Bob, under your additional comments, 8.9, I found this to be an interesting one. A, the developer shall provide a minimum of one playground for use by residents and their guests meeting ASTM design guidelines. Well, that's kind oflike dropped in the middle. What spurred that? MR. MULHERE: It's a standard comment these days from parks and recreation. They want to insure that internal to a development, that there be a play area set aside for the children and guests of the development. We were going n we were going-- I'm sure we'll do that. I'm sure we'll exceed that. It's a minimum standard. CHAIRMAN STRAIN: Well, as far as parks go, what is your acreage dedicated to parks in this PUD? MR. MULHERE: I'm not sure that we have an answer to that question at this point in time. We know what the open space is and we know what the preserves are. Some ofthe preserves will be used for passive recreation. As we go forward a little bit further, we'll know n we'll know what kind of -- CHAIRMAN STRAIN: Well, this is going to be past lunchtime. Would you take a look and come back with a number? Because here's what I'm suggesting. The DRI that you're abandoning, or has been abandoned or that will be abandoned, had 5 point acres n 5.4 acres of park. MR. MULHERE: Okay. CHAIRMAN STRAIN: Ifthere's a number that works for you -- MR. MULHERE: Yeah. CHAIRMAN STRAIN: As long as we can get something in writing of what it would be. MR. MULHERE: I think we could come up with a minimum and go from there. CHAIRMAN STRAIN: Okay. MR. MULHERE: The same thing with the other stipulation, that was also parks and recreation, B. CHAIRMAN STRAIN: Well, yeah. I mean, that one is even stranger, so I'm not even going to get into it. As far as the recommendations from the EAC, you don't have any problems with their recommendations? There was listed one, two -- there were five recommendations. MR. MULHERE: Yes. We concurred with those recommendations. CHAIRMAN STRAIN: Okay. I noticed -- and maybe something didn't get done properly. In the listing disclosures that you provided to the county in regards to the corporations involved in this, none of the officers or stockholders, individuals, were Page 61 16 I C 1 Qv~her 6, 2005 listed. You list n well, one case you did. But in some of them you just listed the company. If there are people involved, shouldn't those have been listed? MR. MULHERE: I'm going to have to refer to Rich or Ed. MR. GRIFFITH: I'm not sure what document you're talking about, Mark. Is this just something we submitted to identify -- CHAIRMAN STRAIN: The PUD amendment application. MR. GRIFFITH: Uh-huh. CHAIRMAN STRAIN: You listed Collier Development Corporation as being one of the -- MR. GRIFFITH: Co-aps. CHAIRMAN STRAIN: -- owned corporations, but you failed to list the stockholders and officers. I'm suggesting n there's a whole series of these. There's five or six of them. Track H. Development, Inc., that one does have a name. MR. GRIFFITH: Is it required to list all ofthe stockholders and so forth for a 3,500 employee company? CHAIRMAN STRAIN: I don't know. MR. GRIFFITH: Okay. CHAIRMAN STRAIN: I'mjust telling you what it says. And I didn't find it here, but you may want to -- MR. GRIFFITH: I'm a stockholder, if you want to put my name on it, I'm satisfied. MR. YOV ANOVICH: It doesn't apply -- CHAIRMAN STRAIN: Well, Richard, why don't you tell me what you're trying to say so I can understand it. MR. YOV ANOVICH: I was trying to -- I know he was a little concerned about n obviously WCI doesn't have to disclose that since it's a publicly traded company. You're concerned about the Collier n the references to the various Collier entities and who are the specific shareholders. CHAIRMAN STRAIN: And I don't need them for this meeting, but I think they're part ofthe record. MR. YOV ANOVICH: We'll clarify that. We'll get you that information. CHAIRMAN STRAIN: That's fine. And I don't need it, I just think you ought to include it in the package in the next level up. MR. YOV ANOVICH: We'll do that before -- we'll get that to the county before the BCC. CHAIRMAN STRAIN: There is one landowner that I didn't find listed, Collier Land Development, Inc. There's other entities with those names, but not listed as the title of ownership with the Collier County appraiser's office. You may want to clear that up. As far as your environmental issues go, Robert, I got a -- or Bob, I got a detailed letter here from Rookery Bay that was sent to the Corps of Engineers on March 10, Page 62 ,_ o' 16 I c 16-" pctober 6, 2005 2004. It has a series of things that Rookery Bay's concerned about. Some of them I know are being cleared up. I would just like a confirmation from someone in your-- in your -- whoever you're representing to walk through these and let me know if they've been addressed if they have the letter. MR. PASSARELLA: For the record, Ken Passarella with Passarella & Associates. Commissioner, I want to make sure I'm looking at the correct letter here. This is the March 10, 2004, letter directed to the district engineer of the Corps of Engineers. CHAIRMAN STRAIN: Yes, from Gary Litton. MR. PASSARELLA: From Gary Litton, correct. CHAIRMAN STRAIN: Yes. MR. PASSARELLA: And it is a total offour pages? CHAIRMAN STRAIN: Yes. MR. PASSARELLA: Okay, all right. To go through this real quick, we have reviewed this letter, and we don't have any concerns with most oftheir comments and incorporating their comments into this approval. There were though, however, two issues that we would like to discuss and that we don't necessarily agree with Rookery Bay on, and we'd like to go through those, if that's okay. CHAIRMAN STRAIN: That would focus on it. MR. PASSARELLA: Okay. The condition -- the comments in particular are on that letter, comment number 5 on page 3, and that comment is referring to gopher tortoise and the gopher tortoise survey on the property. And not to go through in great detail different gopher tortoise sampling techniques and how they are done, I'll try to summarize this real quick. It appears that the Rookery Bay staffs concern is that they would like to have an actual capture ofthe tortoises on site and then marking of those tortoises. They feel that would provide a better estimate of the gopher tortoise population on the property. What we have done on the property is survey transects identifying gopher tortoise burrows on the property, and counting activity and inactive gopher tortoise burrows. And based on that, using a conversion factor to determine the number of gopher tortoises on the property. Now, while they say that that methodology is not as accurate as actually capturing tortoises on site, they are correct in that statement. Actually capturing all the tortoises on site and counting them would be a more accurate way of doing that. But given the history of doing survey methodologies the way we've done them over past several years as well as looking at data after populations have been surveyed, using the methodology we have, we have actually developed actual conversion factors that are specific to Southwest Florida, Lee and Collier County. Those conversion factors were used in our analysis for determining the gopher tortoise Page 63 16 I . C 1 ~ctober 6, 2005 population on the site. So while we may get a better count using their methodology, we're not going to get a significantly better count using their methodology. Our numbers are going to be very close to what their numbers would be using their methodology. Having said that, using their methodology would also cause quite a bit of disturbance to the habitats in order to do this. In order to go out and capture those tortoises, we'd actually have to dig holes, place buckets, capture the tortoises, mark them, and that would result in a lot of disturbance to the native habitats, the areas we're trying to protect, as well as the species we're trying to protect. So I think the methodology we've employed is appropriate for what we're doing here. And n CHAIRMAN STRAIN: Well, I notice you did quite an exhaustive study on the property. MR. PASSARELLA: Yes. CHAIRMAN STRAIN: I have it here. It's a separate three-ring binder about four inches thick. MR. P ASSARELLA: Yes, we have. And-- CHAIRMAN STRAIN: I didn't see a problem with the sampling methods that you used -- MR. PASSARELLA: Okay. CHAIRMAN STRAIN: -- and the transects you used. That is customary, that is standard. EAC has used it. EAC has not had an issue with it. I don't know of any other environmental groups that have had, nor did I see anything from staff questioning it, so I don't have a problem with it -- MR. PASSARELLA: Okay. CHAIRMAN STRAIN: -- and that's kind of why I wanted to walk through this letter to make sure that ifthere were issues like that that they came out at the meeting. MR. PASSARELLA: Yeah. That is -- that is one of the issues. We have a second issue, and that issue is -- I believe it's number seven in their letter, on page 3 at the bottom there. And I will let Ed Griffith discuss that issue. CHAIRMAN STRAIN: That's the deeding of the property in the form ofa conservation easement? MR. GRIFFITH: Yes. We met extensively with Rookery Bay, Gary Litton, and his staff. We did a lot of discussion of all the things that we were going to do, and really this letter is a reflection of all those things that we talked about and agreed to working in partnership, them helping us, us including them in education outreach in the community for the residents, so on and so forth. So, I mean, this letter is a reflection ofthose things that we discussed, with the exception of, in seven, deeding the land to them. That was something we didn't Page 64 16 I G 16 October 6, 2005 discuss. We're not going to commit to that for the reason that, the land is going to remain in the ownership of the homeowners, but there is going to be a conservation easement that is going to blanket the entire preserve that's in perpetuity, it's going to have all the conditions in it that n we've been talking to the Conservancy about that, and we did talk to Rookery, you know, back when we met. And it's also a conservation easement that's granted to the South Florida Water Management District, you know, in their favor and also to the Corps of Engineers and also to the county. So we have a lot of people watching over this, that it's a piece of property that nobody can do anything with other than what's allowed. But everything that is not allowed and what's required is all spelled out in that conservation easement. So we're accomplishing the intent of what everybody has got concerns about. So, you know, we're meeting that. It's just, the only difference is, we're not going to deed that over to Rookery Bay. And we don't see a need to, obviously. CHAIRMAN STRAIN: You said the Conservancy is involved? MR. GRIFFITH: Yep. CHAIRMAN STRAIN: Are they n is the easement in the name of n like is the Conservancy part of the entities in the easement language? MR. GRIFFITH: No. It's not going to be granted to them, but there's language in there that makes them a part of, in the involvement in working with the community and with the conditions, the allowance for them to participate, and, you know, be a help in being assured that, you know, that it's being followed through. CHAIRMAN STRAIN: Would you have any objection to adding Rookery Bay to that same location that you have the Conservancy in? MR. GRIFFITH: As part of that in the same way that we did with the Conservancy? CHAIRMAN STRAIN: Yeah. MR. GRIFFITH: Not at all, not at all. Ijust -- we're not going to deed the property to them. CHAIRMAN STRAIN: Okay. That answers my question. MR. GRIFFITH: Okay. COMMISSIONER MIDNEY: I have a question. About the prescribed fire, will you be doing prescribed fire on your preserve? MR. GRIFFITH: Yes. We will be doing prescribed bums. There's also other alternatives. And within the community -- and there's experts out there that do these sort of things. So there may be selective areas where you just don't want necessarily to do a prescribed bum right next to a, you know, residential area. And you use your other alternatives that are available to be able to take care of that same thing. COMMISSIONER MIDNEY: How close can you bum to residences? MR. GRIFFITH: I'm going to have to refer to our n Ken. Page 65 16 ,- C 16 ~ber 6, 2005 MR. PASSARELLA: We n on other projects in the county, there are folks that do this. It's kind of a specialty. There are folks that do this prescribed buming, and we've seen them bum, you know, within 10 feet of a house, a prescribed buming. Now, we don't n something that we would necessarily recommend in certain circumstances, but those experts at the time felt that that was something they could do. COMMISSIONER MIDNEY: Will you be trapping feral nuisance and domestic animals within your preserve that are, you know, nuisance animals? MR. PASSARELLA: Yes. That will be part of our management plan. COMMISSIONER MIDNEY: What about under two in this letter, in paragraph -- in the second paragraph, the last sentence, it says, consequently, we believe that the proposed project has not provided reasonable assurance of compliance with water quality criteria relating to the protection of existent ambient water quality? Is that something which you've negotiated and resolved with them? MR. PASSARELLA: Yeah. This letter was a March 10, 2004, letter, and this application has come quite a distance since then, and a lot of these issues have been resolved through South Florida Water Management District permitting. COMMISSIONER MIDNEY: Mark, did you get access to the actual minutes ofthe October 5th EAC meeting and any stipulations which they may have put on? CHAIRMAN STRAIN: I have an EAC meeting. MR. MULHERE: It was yesterday. I can tell you what -- the one continue in addition to the staff recommendations condition. CHAIRMAN STRAIN: Well, yes. Before you go too far. You know, that's an interesting question. I was -- asked you if you had any problems with the EAC meeting stipulations, and you didn't. I have in my report that I received last week recommendations-- MR. MULHERE: I think that's from staff. I'm assuming that's from staff, and I assumed that was your question. CHAIRMAN STRAIN: Well, it says meeting of October 5, 2005. MR. MULHERE: Yeah, it hadn't occurred yet, so n CHAIRMAN STRAIN: How did I get that? COMMISSIONER MIDNEY: I was wondering, Mark. CHAIRMAN STRAIN: Right here it says October 5,2005. COMMISSIONER ABERNATHY: That's what the staff has prepared for that meeting. MR. BELLOWS: That's a copy of the EAC staff n COMMISSIONER MIDNEY: What I would like to know is some summary of the meeting itself, and maybe that was why I asked if county staff could give us that, also any stipulations that they mayor may not have added. CHAIRMAN STRAIN: As soon as they're up. That's the remainder of the questions Page 66 .- 16 , C 16 A October 6, 2005 that I have. So, Bob, I'm done with your crew. Any other questions from the panel? (No response.) CHAIRMAN STRAIN: Hearing none, then, Kay, it's your turn. MS. DESELEM: Ifit's beneficial to you, Steve Lenberger is here, and he can do that synopsis first if you'd like, for the EAC. CHAIRMAN STRAIN: That would be fine. MS. DESELEM: Okay. CHAIRMAN STRAIN: By the way, Ray, while Steve's coming up, is there any-- how many public speakers do we have on this issue? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Okay. Thank you. MR. LENBERGER: Good morning. For the record, Steve Lenberger, environmental services department. The EAC approved the project with staff stipulations in the EAC staff report. They did add one stipulation, and which we worded after the meeting. I'll read it to you, if you'd like. Gopher tortoise relocation shall be monitored by an independent, nongovernmental party to determine the success of the establishment of gopher tortoises with the proposed gopher tortoise preserves. A copy of the report shall be provided to the environmental services department staff upon completion of the monitoring report. They'd also suggested that the study could possibly be done by a grad student or some sort of research at the university. COMMISSIONER MIDNEY: Thank you. CHAIRMAN STRAIN: From WCI's viewpoint, was there any objection to that additional stipulation? MR. PASSARELLA: Not having seen this language before -- again, Ken Passarella. I can tell you what my recollection of the stipulation was, is that they thought that the n EAC board thought that this would be a good opportunity to do a study on gopher tortoises and how gopher tortoises preserves are working, how well they're working, how well they're not working, how the tortoise population is reacting to relocations, and they thought this project, since we were proposing such significant preserve areas, this would be a good opportunity to have some sort of study done on that. And, in fact, they even said this would be a good study for FGCU students. And that was our understanding of it, that we would work with FGCU or another university and have some sort of study done on the preserves to show how well these preserves are working for n as far as the relocation and maintaining a population of gopher tortoises. The gopher tortoise relocation shall be monitored by an independent Page 67 16,Clb~ Jctdber 6, 2005 nongovernmental party. I mean, that may be okay, but that's not what I got out of the EAC recommendation yesterday, so n CHAIRMAN STRAIN: Okay. MR. MULHERE: If! could just add to that. I think really, as Ken said, my recollection of the motion was that it would be really more after the relocation had occurred to monitor the welfare, well-being of the tortoises to determine how well the relocation n you know, what effect it had on their population, whether it was working or not working. That was really the intent of what they had-- CHAIRMAN STRAIN: And you all don't have any problem with adding that in, so -- right? We'll just include it as part of our stipulations if we so desire? MR. MULHERE: We don't have any problem -- we agreed to the EAC stipulation. I think it's not what it's written here though, so we'll have to work the wording out. It really was to bring in some independent educational entity to monitor after the relocation, the success of the program. CHAIRMAN STRAIN: Okay. Thank you. Kay, are you done with your presentation? MS. DESELEM: No, no. CHAIRMAN STRAIN: I was going to say, if you're going to let Steve do it all. MS. DESELEM: I'm getting -- going two different directions. For the record, Kay Deselem, principal planner with zoning. I think they're still wording -- working on the wording. Unfortunately, we just did it yesterday, so we haven't had a chance to discuss the wording. What Steve had was the proposed wording from staff, and we had not had an opportunity yet to discuss it with the petitioner. So they're going over it now, and hopefully we can come to some agreement before you all adjoum or vote. You do have the staff report. It is a 12-page report with attachments. And you've heard the presentation. Staff is recommending approval, as noted. The only areas of disagreement are, again, the deviations. We have recommended approval of deviations one, two, three, and eight, and a partial recommendation of approval for four. But as the petitioner has revised it now, we are in complete agreement with number four, so that leaves deviation five, six, and seven. Five and six deal with signs, and deviation seven deals with parking. So I'll basically reiterate and, perhaps, expound a bit on what was discussed by the petitioner, if! may. On deviation number five, the petitioner gave you many examples of samples of what these were to look like. Unfortunately, staff did not have these to review. They're just illustrative. We don't know what they mean. I mean, they're showing you pictures of what it might look like, but I'm not certain that they're committing to any particular standard by those, and so we do have some concerns about that. You know, he made references to more landscaping. More than what? You know, Page 68 16/ ~ 16, October 6, 2005 they're going to be nice because, but we don't have all those becauses to make those determinations. And that kind of begs the question from earlier when this was approved as a PUD where they were going to present a sign package for staffto review. That seems more consistent with what they're proposing to you. They're showing you what they may look like, and that's what staff needs to know. We don't want to just give approval of something we don't know what it's going to look like. Ifwe can't see it, we don't have any way to evaluate it. And deviation number six, they talked about arterial roadways. And I note that Bayshore Drive in the location that this site does have access, they are proposing to have access points onto that area, and it's a 60-foot wide road. So I wonder if, in fact, they need larger signs at that location. Because it talks about the entrance on u.s. 41, Thomasson Drive, and Bayshore, not necessarily those intersections, but the entrances on those roadways. So just because they don't have any kind of an intersection access at Bayshore and 41, they do have signs proposed on Bayshore, so I wanted to clarify that. And they're talking about architecturally designed. We don't know exactly what that means. Again, we haven't seen anything. And it sounds more likely that a plan proposed that staff can review might be appropriate. Without any detail, we don't know what's being proposed other than they want to put in more than what the code allows. And, you know, if arterial roadways are such an issue, which is basically what they're saying, because it's an arterial roadway they need more signage, then, perhaps, it's more appropriate then to consider amendments to the sign portion ofthe LDC rather than just deal with it on a case by case basis for this petitioner. And, again, they talked of the safety issue when they gave us the rationale for their deviation for the sign, and staff was not aware of any inherent safety problems with the sign requirements of the county. Basically what it seems to allow to the county staff is larger signs in more locations, and we are not convinced that that's not necessarily appropriate. It may be, but based on the information we had to review, we can't make that determination and support it; therefore, we are recommending denial of deviation five and deviation number six. And deviation seven related to the parking, as noted by the applicant, they do have an opportunity to have a shared agreement accepted by the county. He said it's -- you know, that particular section that staff cited has to do with exemptions, but part of the exemption references shared parking agreements. It gives you an exemption from the requirements if you have a shared parking agreement. They talk in the PUD document and in the justification about the information they're going to provide. Well, basically, at this point stafflooks at it from the point there's Page 69 16 , C.1 b (October 6, 2005 no harm, no foul, so there's no problem yet because they haven't exhausted the potential to get some variance or deviation or exemption by using this shared parking allowance within the code. And staff is hesitant to give an approval now without having that information based on, they are going to give it to us. You know, that begs the question, if staff doesn't have adequate information or if we disagree with the information, the deviation's already been granted. And the board didn't have the ability to review it at all. So it seems premature at this point to grant a deviation from the parking without having adequate information to review. With that, I have no further information. I can answer any questions you have, and there's transportation staff, there's housing staff. I know you did speak of an additional deviation n or I'm sorry, an additional condition regarding a requirement for housing, affordable housing. We might need to narrow that down a little bit when you make the actual recommendation if you include that condition so that you can understand what it is they're doing and how they're doing it and who's doing it and all that kind of stuff. Other than that, I don't have anything further. I'm open to any questions you may have. CHAIRMAN STRAIN: Before we ask you questions, I want to ask the panel, we had talked about breaking early. I mean, I can keep going. It don't matter to me. But we can -- it's going to probably take 30 minutes to an hour to finish this up. There's no public speakers, but I know some of you have questions of transportation and maybe of Kay. What's the vote ofthe board? Do you want to continue to finish this one up and then go to lunch, or you'd rather break for lunch early? COMMISSIONER ADELSTEIN: If you're going to try to get lunch here, you better take it early. CHAIRMAN STRAIN: Pardon me? COMMISSIONER MIDNEY: Do it now, get it over with. COMMISSIONER CARON: The request was to do it early. CHAIRMAN STRAIN: Do it early. Okay. Kay, we had announced earlier we were going to try to break around now for lunch. We got your presentation. After lunch we'll come back and ask any questions that we have of you and anybody else. And I know I have some more environmental issues just to touch on. So we'll break right now and be back at 12:45. MS. DESELEM: Thank you. (A luncheon recess was had.) (A lunch recess was taken and proceedings continued at 12:45 p.m.) CHAIRMAN STRAIN: Okay. It's 12:45. We'll bring this meeting back to order. Thank you, Ray. Page 70 - 16IC16~, October 6, 2005 It - And, Kay, I think we left off with you and you were done and looking for questions; right? MS. DESELEM: I was done, but now I have some changes to make. CHAIRMAN STRAIN: Of course. MR. ABERNATHY: Naturally. MS. DESELEM: For the record, Kay Dese1em, Principal Planner. During the break staff and the applicant had an opportunity to meet and discuss the deviations. And we have basically come to an agreement on the signed deviations. And we will -- staff will accept their deviation. We no longer have any objection to it. And on the deviation for the parking, the applicant has agreed to limit it to no more than a 25 percent reduction. And with that limitation staff will agree to that as well. CHAIRMAN STRAIN: So all deviations with that stipulation, then, are acceptable to staff? MS. DESELEM: Yes, sir. CHAIRMAN STRAIN: Great. MS. CARON: I have a question. Why was it that staff changed their mind on the sign issue? CHAIRMAN STRAIN: Go ahead. MS. DESELEM: Welln MS. CARON: Besides the fact in looking more persuasive. MS. DESELEM: Yes. In looking over the Wentworth issue that was raised by the petitioner and they had received a sizable increase in the signs above and beyond what this particular petitioner is requesting, stafflooked at it again and deemed that it would be appropriate for this project since they are close together. This is a large project. And most of the signs that they're talking about are internal that staff would support the sign deviations. MS. CARON: All right. Do we know why Wentworth got the sign deviations they got or -- MS. DESELEM: No. I didn't have an opportunity to go through and research what the rationale was for approving those for Wentworth. MR. MULHERE: If! could just add one other additional comment. The other thing we discussed was, it wasn't probably clear until we reread it together a few times. We're only asking for a deviation from the size in both ofthose occasions. All the other requirements of the code, architectural standards, design standards, everything else applies. Because we talked a lot about what they would look like. Well, they're still regulated by the same standards as everybody else. CHAIRMAN STRAIN: Okay. Are there any other questions of Kay? (No response.) CHAIRMAN STRAIN: I know that there's some transportation questions and I have a couple oflast minute environmental questions. So, Mr. Scott, are you available Page 71 161 C"16 ,A October 6, 2005 to participate? MR. SCOTT: For you, always. CHAIRMAN STRAIN: Yeah. Well, this is for Commissioner Adelstein, so thank you. MR. SCOTT: For him? MR. ADELSTEIN: Don, Ijust want to make sure that I'm accurate in this. As of now, Sabal Bay has n has already been approved for 1,766 units; is that correct? MR. SCOTT: That's correct. MR. ADELSTEIN: Now, do those units have to be used up before they can apply for the 233? MR. SCOTT: That's what -- this goes back. We met quite a while ago and they had come in and asked if they could do the 233 first. We never did get a final answer on that, but that -- essentially what we would like is to use the 1,766 first, then the 233 later on. MR. ADELSTEIN: Well, it would seem that that's what they already have and until they run out of that, they have what they need. MR. SCOTT: Right. MR. ADELSTEIN: So, therefore, the idea of running 233 should be done when they're close to losing -- finishing with the 1,766. MR. SCOTT: And this has come up with other developments in the area, not specifically here, but some other areas where people want to save the vesting side of it and come up first. MR. ADELSTEIN: Well, I understand that. So would I, but that's not the way business should be run. There are other people out there who may need it too and if they already have that much vesting, and that 1,766 is a big set of vesting. MR. SCOTT: As far as I know in talking to the impact fee office, there isn't specifically something written that says you have to do it that way, but I think that's our preference. MR. ADELSTEIN: Okay. That's what I want to make sure that was your preference. Thank you. CHAIRMAN STRAIN: Don, if they wanted to come in and buy -- if they wanted -- if they submitted an STP for 233 units, could they not pay their COAs for those 233s separately or would you say that 233 has to come off the 1,766? That's what n another way oflooking at it, but- MR. SCOTT: That's another way oflooking at it and I see that's probably where they're coming from. What we're looking at is trying to use the 1,766 first and then when you use all what -- what you've already paid for, then get into the 233. CHAIRMAN STRAIN: But ifthey're willing to pay the additional fees for 233 and you get the money earlier, is anybody harmed by that? MR. ADELSTEIN: Yes. Page 72 16 I C 16~J '~Qctober 6, 2005 . CHAIRMAN STRAIN: I'mjust curious. I'mjust trying to figure out where the -- where the issue is. MR. SCOTT: Well, the philosophy is that you -- is right now as we stand, say you improve it, they're still subject to concurrency. Should it be concurrency right now or concurrency in the future? Now, either way we might be -- obviously, the growth management bill might change something and they might be better off in the future than they are now too. CHAIRMAN STRAIN: But they're not subject to concurrency for the 1,766 that you've already vested. MR. SCOTT: For the 233 I'm saying. CHAIRMAN STRAIN: Right, for the 233 so- MR. SCOTT: Right. CHAIRMAN STRAIN: -- I'm wondering why -- how you would legally restrict them from asking -- from paying -- MR. SCOTT: I'm not sure I can. CHAIRMAN STRAIN: -- 233 units worth of CO As. I don't -- MR. SCOTT: I'm not sure I can, but that's -- I mean, that's our preference. CHAIRMAN STRAIN: Well, yeah, but I just was curious. MR. SCOTT: Okay. CHAIRMAN STRAIN: Well, okay. I didn't understand it. I think I do a little bit better now. Thank you. MR. SCOTT: Yeah. CHAIRMAN STRAIN: Anything else of Mr. Scott? MR. ADELSTEIN: No. I just -- I just want to understand that my feeling is that I've been told for a long -- since I've been on this Collier Planning Commission that 41 is failing. 41 is failing. And in the near future it's going to fail. I looked at this thing from a point of view that we've got out here 1,766 units that can be developed and developed now. The idea oftaking the 233 off also, I understand where they're coming from, but it would seem most logical to me and more -- more righteous to me that the idea is use what you have when you need it. Just get it. Get what you can. The 233 is back on. CHAIRMAN STRAIN: Somebody from the applicants' side want to comment on that? MR. YOV ANOVICH: Well, obviously, we can't -- we can't agree to that. I mean, we need the flexibility to follow the process that we can follow right now. Why -- why are we being singled out to have to give up the right to come in and ask for these units by going through the normal process and going ahead and building those 233 units right now? We need that -- it's part of our n you know, our business plan on what we're going to develop and we n we have reduced. If you look at this project and all the things that we are doing for the good of reducing density, the increased water, the increased water protection, environmental protection, the affordable Page 73 16 \ c 1-6 ~~October 6 2005 , housing agreements that we reached today, I mean, this project's doing a lot of things. Now to say to it there's the potential that it may not get those 233 units because you want to delay when we can use this, we don't know what's going to happen in the future, Mr. Adelstein, and we need to have the ability to control our -- our -- our project and our -- and our -- and our destiny. And if we want to buy those 233 units now and then use this 1,766 later, we should be allowed to do that. MR. ADELSTEIN: The answer is, you have a legal right to do it. I'm not taking it away from you. I'm just saying to that in this situation it seemed as a logical statement that you would have to use n and, again, I'm not -- I didn't know that you couldn't -- that you could do it the other way, that you had to use what you had before you bought more. MR. YOV ANOVICH: Right. No. We n we don't know if we're going to go after those 233 now. But if we do, we're subject to concurrency and we're going to have to make some improvements. There are some strategies that we have to deal with in the TCEA and we're -- we're prepared to deal with those for those units. MR. ADELSTEIN: I'm trying to explain that in some -- in this case I'm a little bit ignorant in the idea- MR. YOV ANOVICH: Sure. MR. ADELSTEIN: -- because I've never seen this before. MR. YOV ANOVICH: Right. Well, this is the first. MR. ADELSTEIN: Well, it probably won't be my last. CHAIRMAN STRAIN: Mr. Scott, when you figure in the impacts and the vesting applications on the roadway that's already there, if they were to come in for the 233, would you be looking at it as though the 1,766 is already in place? MR. SCOTT: Well, it essentially is in the concurrency system. CHAIRMAN STRAIN: That's what I was asking. So you do take that into account so the 233 is not going to hamper the 1,766 whether it was done today or tomorrow? MR. SCOTT: Right. Exactly. CHAIRMAN STRAIN: Okay. That's what I was getting at. Thank you. Any other -- I have some questions, though, of the -- Emilio and the water management issue, if you don't mind, Emilio. The report that was provided by Mr. Passarella indicated some water management techniques that will be beneficial to the project. I want your assurance that that's what's being used. I'll read them both to you. One says, Control -- I mean, The treatment -- the treated storm water will be discharged into the wetlands as far upstream as possible. Is that consistent with the design that you're initiating? MR. ROBAU: Correct, yes. Page 74 ,.'" 1 6 1 C 16,.. October 6, 2005 CHAIRMAN STRAIN: Okay. And then also, Control elevations for the storm water management system will be established based on the elevations ofthe biological indicators of wetland -- of wetland water levels. Is that also how you're- MR. ROBAU: Yes. CHAIRMAN STRAIN: -- setting your controls? MR. ROBAU: Yes. We raised them a couple of times pursuant to district and the college's request, yes. CHAIRMAN STRAIN: Okay. That's all I had. Thank you. MR. MIDNEY: I have a question for you. CHAIRMAN STRAIN: Oh, Emilio, there's one more. MR. MIDNEY: You state in the report that your plan is superior to the n for the Lely canal is superior to the county's plan. Could you elaborate on that? MR. ROBAU: Well, I think -- I hate to use the word "superior" because I think the county did a fine job over the past 15 years and getting it through regulatory process and -- but I think what we're doing -- I like the word "enhanced" a little better. MR. MIDNEY: Okay. MR. ROBAU: And it's -- it comes into play and the county had a more engineered design, for lack of a better term. It looked a little bit more like an engineer did it. You know, a zig-zag thing. We -- we kind of -- because we had more boots on the ground, we had to do a little bit more investigation and a little -- you know, we had more detail. We kind of adjusted some of the banks to n to better match some of the natural conditions out there. And we also just made it fit better with what was -- was out there and we're going to do some lateral shelf plantings also that were originally planned. But WCI uses those things as an opportunity to amenitize the beauty of their developments. And they typically do a little bit more than a standard county facility would -- would do. MR. MIDNEY: Thank you. MR. ROBAU: Thank you. CHAIRMAN STRAIN: Okay. And I -- any other questions from other staff members? I have one more and I think I'm finished and that's Cormac Giblin. I notice he's in the back of the room. MS. CARON: While Cormac gets up here I have one. Throughout the PUD document it talks about zone type. Do you want to put in the actual height as well? MR. MULHERE: Yeah. We would have no objection to that. CHAIRMAN STRAIN: Hi, Cormac. MR. GIBLIN: Hi. CHAIRMAN STRAIN: I know you've been here and you heard today the contributions offered by WCI in regards to affordable housing which is really nice and it works well. I wanted to make sure the n how it -- where it would -- where that money is to go and the kind of programs it would be used for. And could you just elaborate Page 75 16 , C'16 . , ~.~ October 6, 2005 on the record how that would apply. MR. GIBLIN: Sure. Just to -- for the record, Cormac Giblin, housing development manager. From what I've heard the contribution is to be $1,000 for every residential unit and $0.50 per square foot for commercial buildings. That money is to -- or should be deposited into the county's Affordable Housing Trust Fund to be used for affordable and work force housing purposes for n it could be used for land acquisition, down payment assistance, fee deferrals. It would be our preference that it be used for more physical improvements rather than soft costs. But the county is very experienced at maintaining an Affordable Housing Trust Fund as we have for many years. And we have multiple mechanisms from which to disburse the money. CHAIRMAN STRAIN: Okay. I wanted to know the mechanism for that to happen. And, Mr. Schmitt. MR. SCHMITT: Yes. Joe Schmitt for the record, administrator, Community Development, Environmental Services Division. Cormac, would you state on the record, though we want to make sure we have it, a certificate of occupancy rather than at closing. I have no visibility when a closing takes place other than I would have to monitor through n through the property appraiser's office. So it would probably have to be at CO or some element thereofifthat n if that's the only way I could take it. So if that n MR. GIBLIN: It would either n two -- there are logical places. Either at issuance of building permit when the n when the majority of the fees are paid for each unit or at CO which would be the final sign-off by the county. CHAIRMAN STRAIN: I think CO would be a closer time and point- MR. GIBLIN: Yeah. CHAIRMAN STRAIN: -- that the financial impact would be lessened to the developer. Because he'd be getting his closings occurring and right within n usually within 30 days of his CO so... MR. SCHMITT: That would be acceptable to the developer, I think, because that way I would be able to flag it. Otherwise, then I have to query -- not that it's a problem, but it's more problematic. I would have to -- I'd have to be alerted through the property appraiser's office or some other type of -- or the tax collector's office. And I think it would be easier, quite honestly, for Cormac to do it at CO. CHAIRMAN STRAIN: That sure does straighten it out. I appreciate you saying that. That does help. Is there any -- any problem with that with WCI? MR. YOV ANOVICH: It actually does create a little bit of a problem for us when you're talking about a multi -- multi-family building. There are a lot of units that -- well, the building will get CO'd, but maybe not necessarily the units will be complete and ready to close on. There is a mechanism in place, obviously. What we'll -- we have to report to you annually how many units have closed or are being Page 76 - 1 6 I G 1. 6 < October 6, 2005 built. We have no problem reporting that information to you and providing that information. It could be part of the PUD monitoring obligation. I mean, we know we have to pay it at closing and we'll let you n we'll do that. Or ifthere's some other mechanism that you would like that we can report to you estimated, you know, closings so you can -- you can be aware. I mean, we can provide that information to you, but there's a PUD monitoring report already in place. MR. SCHMITT: All right. I appreciate that and I think you're correct. That may be problematic for you-all. I just need to work with n I will n we'll leave it at closing. What I need to do, though, is work between Cormac and probably with n with Mr. Y ovanovich, figure out a mechanism so that we can be alerted at closing. And I think n I think as long as we place the onus on the property developer for that, we -- we will live with that. So that -- I think we can -- we can work with that. CHAIRMAN STRAIN: Okay. Well, then I assume, then, by the time it gets to the BCC if there's some mechanism-- MR. SCHMITT: Yes. CHAIRMAN STRAIN: -- you can report that too. MR. SCHMITT: We'll sort it out and I'll work with Rich to figure out how we would trigger that. CHAIRMAN STRAIN: Okay. That'll work fine. MR. SCHMITT: I -- I n now that I -- I think that is a legitimate concern as far as with both the high-rises. CHAIRMAN STRAIN: Okay. Are there any other questions that this panel has of anyone? (No response.) CHAIRMAN STRAIN: Hearing none. Ray, do we have any public speakers? MR. BELLOWS: No registered speakers. CHAIRMAN STRAIN: There is -- I want to -- just for the record I received an e-mail late last night from a gentleman and his wife, the Phelps. They live on Cottage Grove Avenue. They're writing the e-mail about some objection they have to another project, but they also stated they object to this project because of its traffic impacts. I'm not sure they understood that it was a 4,000 unit project reduced down to 1,766, but they didn't want to see another 2,000 units added to that area. I'm just saying that for the record. So everybody knows it was sent to Ms. Murray on October 4th, 2005. So it wasn't mailed -- in our packet at this point. MS. CARON: I got that same e-mail and I put it with the other-- CHAIRMAN STRAIN: Okay. Ray, there's no public speakers. And now this meeting n I'll call this meeting closed, public hearing closed and we'll look for a recommendation. Page 77 16 I C 164"october 6 2005 , MR. ADELSTEIN: I move that AR-6l52 be forwarded to the Board of County Commissioners with a recommendation of approval subject to the staff recommendations and the recommendations of the County Planning Commission. CHAIRMAN STRAIN: Is there a second? MR. VIGLIOTTI: I'll second it. CHAIRMAN STRAIN: Motion has been made and seconded. Discussion. MS. CARON: BAC recommendation. CHAIRMAN STRAIN: I've got a list of stipulations. Want me to read them off? MR. SCHMITT: Yeah, please. With the modifications to the deviations that we agreed to. CHAIRMAN STRAIN: I'm going to go through all that. The first one -- the first stipulation would be that they agree to the EAC stipulations both that are in our packet and the ones that were stipulated yesterday apparently that we haven't seen. That the staff recommendations, as Mr. Adelstein said, will be agreed to. That Deviations 1 through 6 are accepted as presented. That Deviation 7 is accepted with a caveat that the reduction would not exceed 25 percent. That the contribution offered by the developer will be accepted for affordable housing of $1,000 a unit and $0.50 a square foot for commercial. For all units and commercial except that which is already approved in the EDA. That the money would go into the Affordable Housing Trust Fund monitored by Collier County. And would go in at the time of closing of the residential or seal of the commercial or any other mechanism worked out between now and the BCC time between Mr. Schmitt and the applicant. That the applicant will provide a 10- foot utility easement on each side of Thomasson Drive where it goes into that hole in the doughnut piece that we talked about during the meeting. MR. YOV ANOVICH: Bayshore, you mean? CHAIRMAN STRAIN: Bayshore. I'm sorry. Yeah, Bayshore Drive. That the letter from Rookery Bay dated 3/1 0/04 and the request provided by Rookery Bay will be accepted by the applicant with the exception of Request No.5 and No.7. And No.7, it talks about the conservation lands and how they'll be deeded, instead of deeded Rookery Bay will be named in the same level of capacity that the Conservancy is in regards to the conservation easement. And then the last one is that all the n all the references to zone type will also have equal references to actual height in the PUD document. Did I miss anything? MR. ADELSTEIN: No. No. They're all there. MR. YOV ANOVICH: Yes. Did you mean retail, not commercial? Page 78 i'~" , 16 I O~l O' ')ctober 6, 2005 CHAIRMAN STRAIN: Retail. I'm sorry. Retail. MR. MULHERE: And, Mr. Strain, I just -- there was one. You said Deviations 1 through 7 made n 1 through 6 made the change to 7. There was a Deviation 8 that was accepted by staff as well, but since you didn't mention it -- CHAIRMAN STRAIN: I'm glad you pointed out Deviation 8 as staff recommended. MR. YOV ANOVICH: And I -- and I just wanted to make sure for the record that WCI's commitment was for the 1,609 units that they're acquiring and the commercial property that they're acquiring and - CHAIRMAN STRAIN: I said that in a different manner by excepting out the density and the commercial property that's in the PDA, but I understand where you're going. I think we're both saying the same thing. MR. YOV ANOVICH: I didn't hear that. CHAIRMAN STRAIN: Okay. If nobody has anything else I'll call for the -- I'll call for the vote. All those in favor? CHAIRMAN STRAIN: Aye. MR. MIDNEY: Aye. MR. ADELSTEIN: Aye. MR. ABERNATHY: Aye. MR. VIGLIOTTI: Aye. MS. CARON: Aye. CHAIRMAN STRAIN: Is anybody opposed? (No response.) (Mr. Schiffer not present for vote.) CHAIRMAN STRAIN: Good. Motion passes unanimously. MR. YOV ANOVICH: Thank you. CHAIRMAN STRAIN: Thank you. MS. STUDENT-STIRLING: Just I want to note again for the record that there was one refusal on the basis of conflict of interest. CHAIRMAN STRAIN: Thank you, Ms. Student, for reminding me of that. CHAIRMAN STRAIN: Ladies and gentlemen, we still have a meeting to continue, so if you have time to talk, please take it out in the hall. I appreciate it. Back in order. The next petition is Petition PUDZ-2004-AR-6906, James M. Fields, and it's a rezone of multi-family in the Bayshore area. All those people wishing to participate in this, please raise your hand, rise and be sworn in. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Disclosures from the Planning Commission. Page 79 161 C 16'<; October 6, 2005 MR. SCHIFFER: I am. I've got an e-mail from Patrick and Kathleen Phelps. MR. ABERNATHY: Same with me. MR. ADELSTEIN: I had a meeting -- a discussion with Mr. Yovanovich. MR. MIDNEY: I with Mr. Y ovanovich. CHAIRMAN STRAIN: And I had a discussion with Mr. Yovanovich and I have the same e-mail we talked about earlier. MR. VIGLIOTTI: I also have the e-mail, also. MS. CARON: E-mail. CHAIRMAN STRAIN: Hearing that, let's move forward. Mr. Yovanovich, it's all yours. MR. YOV ANOVICH: Okay. Good afternoon. For the record, Rich Y ovanovich on behalf of the petitioner. I have Jim Fields here with me who has a contract to purchase the property; Bill Hoover, the planner on the project as well as the engineer; and Kim with Boyland (phonetic). She's here to answer any environmental questions you may have. This property is roughly a little less than ten-acre parcel at the corner of Bayshore and Thomasson -- yeah, Bayshore and Thomasson. This is the northeast corner. The existing zoning is RMF-6. We're requesting a rezone to a planned unit development. This is a project that is requesting a density bonus to address, you know, the work force housing issue. And we are requesting an overall project density of 108 units per acre which equates to roughly 10.9 units per acre. The base density would be three units. And the -- so we're requesting an additional eight units under the matrix. We're addressing -- as I said we're going to provide 22 units that address low and ten that address very low. Ofthe additional 78 units, 32 units will be affordable. I think my math is that's pretty close to 40 percent. MR. ADELSTEIN: Forty-one percent MR. YOV ANOVICH: Forty-one percent, Mr. Adelstein. MR. ADELSTEIN: And I tell you I have not had that come before - MR. YOV ANOVICH: And the project is set up where the maximum height will be 40 feet which is three habitable floors over one parking. I'll just quickly put the master plan up. Close enough. MR. BELLOWS: It's upside down. MR. YOV ANOVICH: Yes. Flip it, please. You will see that we basically have -- on Bayshore we have where our preserve area starts. So there's a nice buffering from Bayshore. The entrance will be off of Thomasson as you can see. And there's also a setback to the __ and I don't -- I think that's to the east. There's a drainage easement and a -- and a landscape buffer. So there's a setback of a minimum of 65 feet from the adjoining property line. The project obviously is consistent with the comprehensive plan regarding density and all other elements. Page 80 , ~ 1 6 , ,,(; r 6. ,; October 6, 2005 - Your staff -- your environmental staff and planning staff are recommending approval. And we -- we request that you follow their recommendation. We do have one point of disagreement with the parks and recreation staff. They are requesting that we provide a playground area on the property. The site's rather small. And to meet, you know, the goal of providing additional work force housing, we can't accommodate that. And we don't really think we need to accommodate that because right across the street from us is a park for people with children to go and play -- play at. So it really shouldn't be a big inconvenience for n for -- for the children to go have a playground. It's right across the street. So with that your staff report's pretty complete. And if you have any specific questions of me or the rest of the members of the team, we'll be happy to answer them. CHAIRMAN STRAIN: Commissioner Caron. MS. CARON: Is this project located in the coastal high hazard area? MR. YOV ANOVICH: Yes, it is. And it's one of the specific -- affordable housing is one of the specific density bonus provisions that is permitted in the coastal high hazard area. MS. CARON: Absolutely. However, I'm not sure it makes sense for us to be giving bonuses of n of this amount. What sense does it make to be shoving people who can't afford housing into a high hazard area? I think if everybody just takes a look at what happened in Katrina and Rita, we need to rethink our policy here in the coastal high hazard area. We need to get it back down to where the commission had said they wanted to go, which was in the coastal high hazard area that it was a limit of four units an acre, period. MR. YOV ANOVICH: And the commission also said regarding the Bayshore overlay that they recognize that there would be provisions for going -- increasing density to 12 units per acre in other areas which is also within the coastal high hazard area. MS. CARON: Well, we're working on that overlay now and I think n you know, it's something that we need to be thinking about. MR. YOV ANOVICH: And I appreciate that. But right now with the way the comprehensive n that thought process occurred and they specifically discussed the Bayshore area being an area that we would allow these increased -- these increased densities. CHAIRMAN STRAIN: Richard, the warranty deed that was included with this package had a -- it seemed to have come from the Botanical Gardens, Inc. Is that where this property was once a part of? MR. YOV ANOVICH: I don't know the answer to that question, Mr. Strain, and I -- I -- I forgot to get the answer for you. MR. ABERNATHY: Harvey Capnick (phonetic) bought that from the Botanical Garden back in -- whatever the date was n '90, '92. Page 81 161C16 .~ ~ctober 6, 2005 MR. YOV ANOVICH: Okay. CHAIRMAN STRAIN: Well, then the reason I'm asking the question is we just reviewed the Bayshore overlay. The Bayshore overlay had a density pool of 388 units that were created by the Botanical Gardens. MR. ABERNATHY: Not over there. CHAIRMAN STRAIN: That's what I'm trying to find out if this isn't part of that. MR. ABERNATHY: On the other side of the street. CHAIRMAN STRAIN: Okay. Thank you, Mr. Abernathy. MR. YOV ANOVICH: Thank you. CHAIRMAN STRAIN: One thing, I'd like to complement the engineer/planner Mr. Hoover. This is probably the least problematic document I have read in the four years I've been on the Planning Commission as far as how you presented it and put it together. So you really did a nice job. I'm not saying I always agree with everything, but I think you laid it out really well and I can't -- I tried to find -- punch a bunch of holes in it, but I didn't find anything wrong. So any other comments? Go ahead. MR. SCHIFFER: And it's on the percent of open space. It's shown on the plan to be 59 percent. Shouldn't that be 60? MR. YOV ANOVICH: If that's -- yes. It should be 60 percent. MR. SCHIFFER: And then maybe this next question's the cure. The n there's a right of way there that's necessary for the north turn onto Bayshore Drive that's right now an easement. Could you dedicate that to the county? That would probably bring you in to 60 percent. And also the county's never going to give up that right of way. It's on the south-- MR. YOV ANOVICH: I can't see that far. MR. SCHIFFER: n southwest corner. There's an easement across the property. MR. YOV ANOVICH: Mr. Schiffer, I don't know that we can do that right now, but if we can, we will. I would like to -- to look into that a little bit further. Otherwise, we'll meet the 60 percent requirement. MR. SCHIFFER: If you give that, you might n that might bring you down. MR. YOV ANOVICH: It might. But right now, I don't know. Bill, can we do that? Okay. Well, again, I don't know. Ifwe -- if we -- if that's the way we have to get there, we will. Otherwise, we'll meet the 60 percent by n by making sure we meet the number. MR. SCHIFFER: I do have some questions that are really on the calculation ofthe housing, affordable housing, so I'll wait, I think. Well, Cormac, he's here. So I guess should we wait? CHAIRMAN STRAIN: Well, let's make sure we're done with Richard. Mr. Adelstein-- Mr. Abernathy, you had a question. MR. ABERNATHY: Rich, you got 60 percent open area. Is this not going to be condo-ized? Page 82 'k. ' 161G16 MR. YOV ANOVICH: Yeah, these are for-sale units. MR. ABERNATHY: But n and the whole project will be a condominium? MR. YOV ANOVICH: It'll be a condominium, yes, sir, MR. ABERNATHY: Well, it looks like those people could figure out where to put a playground once they're- MR. YOV ANOVICH: Well, if they want to do it n if they want to do it later, sure. But right now I didn't want it to be an obligation on us as the developer. October 6, 2005 MR. ABERNATHY: I quite agree with you. CHAIRMAN STRAIN: Okay. Any other questions of Richard? (No response.) CHAIRMAN STRAIN: Ifnot, you had a question? Do you want to let staff do their report first? MR. SCHIFFER: I can wait till it comes up. CHAIRMAN STRAIN: Okay. Kay. Boy, you're here a lot today, Kay. MS. DESELEM: Good afternoon. For the record it's Kay Deselern. Principal Planner with the Zoning and Land Development Review. You do have the staff report in front of you. And staff is recommending that this project be found consistent with the growth management plan. And we are recommending approval of it. And there are no deviations so I needn't go into any discussion about deviations. If you have any questions for me, I'd be happy to answer them; otherwise, we have other staff persons here to answer other questions if you have them. CHAIRMAN STRAIN: Any questions for staff? MR. SCHIFFER: Cormac. CHAIRMAN STRAIN: Okay. Well, then, Cormac, you're next up. Thank you, Kay. MR. SCHIFFER: Cormac, and it's really just the math. What they're looking for, they have ten units claiming that's 10 percent, but it's actually less than 10 percent. So what I'd kind of like to do is to get the numbers to be where they want them to be, could we take one off of the 60 percent and add one to the 50 percent? MR. GIBLIN: Right. Right now they're proposing ten units at 50 percent ofrnedian income. Again, Cormac Giblin, housing manager for the record. That actually only works out to 9,25 percent. MR. SCHIFFER: Right. MR. GIBLIN: And it takes 10 percent to get- MR. SCHIFFER: And our system doesn't have a way to prorate below a number. In other words, we -- obviously, ifit was above 10 percent we could prorate it according to the -- to the code. But since we can't go down below, can't we just flip one and one? Page 83 ... 161 .c 16 . ) tJctober 6, 2005 MR. GIBLIN: Yes, sir. MR. SCHIFFER: Then it works good. GIBLIN: Yes, sir. MR. SCHIFFER: That's it. Thank you. CHAIRMAN STRAIN: Any other questions from the panel? MR. (No response.) CHAIRMAN STRAIN: Okay. Ray -- well, first of all, I assume that concludes the staffs presentation? MS. DESELEM: Yes. CHAIRMAN STRAIN: Is there any other public speakers, Ray? MR. BELLOWS: Yes. We have two registered speakers, if they both would come up. The first one is David Jackson followed by Patrick Phelps. MR. JACKSON: David Jackson, executive director of the Bayshore Redevelopment Agency. An item that isn't included on this is that it's supported by the CRA that's in the area and this is encompassed in that and it's been an ongoing project, long before I came here. However, it's been reviewed by the advisory board and they support it. Also, which is not in the part of your documents, is that the owner and developer has agreed to partner with the Bayshore MSTU and the CRA to do a street scape project along the borders of their property from Thomasson to the end of the area there. They'll partner in cost and partner in giving up some of the land and area to put in an urban section in there. And it'll be a three-way split in the cost to give it for the residents and for the area to include that bus stop that's there and do some landscaping; trees, lights, curbing and sidewalk to be similar to what's on the Bayshore Drive right now. It's part -- a continuing of that project. MR. ABERNATHY: You're talking about Thomasson from Bayshore east to the end of the property? MR. JACKSON: Correct, for the length. It's about 1,056 feet somewhere, almost 1,100 feet to partner with that. To give us some of the land, give us an opportunity and the three-way partnership on the cost. So it'll be an enhancement to the neighborhood. And the maintenance will all be done by the Bayshore MSTU at no cost to the county. MR. ABERNATHY: It's Dell's project? Is Dell a part of the CRA? MR. JACKSON: Yes. That's a different subject, different time. MR. ABERNATHY: He's not street -- street scaping his side of the street? MR. JACKSON: Not-- MR. ABERNATHY: Not yet? JACKSON: Not yet. It depends. MR. I mean, that's a different subject, a different time. Page 84 ... I'; 16' G 1.6- October 6, 2005 CHAIRMAN STRAIN: Okay. Thank you. Next speaker, please. MR. PHELPS: Yes. Good afternoon. My name is Patrick Phelps. I live at 2954 Cottage Grove A venue. I've lived there for a little over 20 years and I've seen a lot of zoning changes and whatever in the area, but we thought that that area as it's developed now would not become a real high-density area because of it being so close to the ocean and everything. And that was part ofthe reason that there was a low-income housing unit that was going to go in at one time where Botanical Gardens is. And that was one of the reasons it didn't go through was because of the coastal evacuation and everything else. What we'd like to see is n there's a lot ofland there that's open. And like this, it's zoned, you know, three units per acre. What it is is it's going to become four times that throughout that whole area unless there's something that says there's only so much that can go in here or every project is going to be this. Because every project is this. The one before it, that's just over the Botanical Gardens or whatever there's being built. And I'd also like to see in Collier County where this affordable housing becomes a permanent fixture on the deeds so it always stays affordable housing. Not for some affordable when they move in, then three years down the road they sell it. So there's always going to be affordable housing here. Thank you. CHAIRMAN STRAIN: Thank you. Cormac, the gentleman's last comment concerning how affordable housing stays in place, that it goes n buys into the program that's being discussed here today, can you explain how that is addressed? MR. GIBLIN: Sure. Each one ofthese units will be deed restricted to be bought and owner occupied by a low-income home buyer. That deed restriction runs for 15 years. If during that 15 years the owner decides to sell to someone else who is not low income, there is a financial penalty that they must pay an amount equal to 50 percent of any profit they make on the unit to the county. The county then will take that money and put it in the Affordable Housing Trust Fund and hopefully use it to create another or a replacement affordable unit with those proceeds. CHAIRMAN STRAIN: Okay. I just wanted to clarify that. Thank you. MR. ABERNATHY: Yes. CHAIRMAN STRAIN: Just a moment. MR. ABERNATHY: What percentage of affordable units that -- that are in the inventory now or were in the inventory have been sold by the owners? MR. GIBLIN: This program has been in existence by the county since about 1991. To date we have run about 9,000 units through this scenario. Granted, a lot of them Page 85 161 C 16 ~ctober 6, 2005 have been rental apartments, but there have been a fair amount of owner-occupied units. And to date not one has been resold and been applied with the penalty. It's- MR. ABERNATHY: Do you have a way of tracking them? MR. GIBLIN: We do through the monitoring reports and the deed restriction itself would come up on any sale. CHAIRMAN STRAIN: Thank you, Cormac. MR. SCHIFFER: It's not for Cormac. CHAIRMAN STRAIN: Richard, I have one question for you. The gentleman n Mr. Jackson stated that there's been some verbal agreement worked out on some improvements. I need to get those in the format of a stipulation so that it's attached to the PUD. Do you have any problem with that? MR. YOV ANOVICH: No, CHAIRMAN STRAIN: Okay. Do you have a simple way of stating it? MR. YOV ANOVICH: No. CHAIRMAN STRAIN: Then I would suggest that at the time of motion depending on what it is, a generic stipulation is added so that this gets cleaned up in some kind of stipulation before it gets to the BCC. MR. YOV ANOVICH: That would be n that would be fine. CHAIRMAN STRAIN: Okay. Any n go ahead, Brad. MR. SCHIFFER: Rich, I have one more concern and that's the boundary line right of way. Right now it's set up where we can build buildings 15 feet off of Thomasson which is essentially on the edge ofthe buffer. Again, it goes back that if that's the back of a house, people open the back door and barbecue grill's in the buffer. So can we increase that to 25 feet just to keep more n I mean, 15 foot, these are residential properties further to the east and they have a much greater setback than 15 feet. MR. YOV ANOVICH: I don't believe we can. I think we're n in order to be able to fit everything on the site and provide -- provide the level of housing we want to provide, we're not going to be able to shift it. Hang on one second. MR. SCHIFFER: Ray, while they're doing that, could you -- what is the setback for the properties that are further down Thomasson Drive? What setback -- for residential, what setback do they have off of the right of way? I don't think they're as low as 15, do you? MR. BELLOWS: Well, it's subject to the PUD documents so... MR. SCHIFFER: These look like platted lots, MR. BELLOWS: They're platted lots? MR. SCHIFFER: To the east. MR. BELLOWS: It depends on what they're zoned. It's subject to the zoning district Page 86 16 , , C 1 ~tober6, 2005 .- setbacks. '- . MR. SCHIFFER: But do you know of any other residential front setback that's 25 feet? MR. YOV ANOVICH: We're actually -- what we're -- what we're building is a product that's three stories over one of parking so we're required to be 25 feet. MR. SCHIFFER: Okay. So everything along Thomasson will be the three-story product which has a 25- MR. YOV ANOVICH: Yes. Yes. So they won't be coming out into the buffer. CHAIRMAN STRAIN: They'll be up in the air so they won't have a backyard. There's parking on the first floor. MR. SCHIFFER: I mean, I just don't want to see barbecue- MR. YOV ANOVICH: I hear -- I hear what you're saying, And I think we take care of that by the product we're bringing in. MR. SCHIFFER: So you've got 10 feet of backyard. STRAIN: What have you got against barbecues anyway? MR. BELLOWS: It's buffers. CHAIRMAN STRAIN: Okay. MR. BELLOWS: There's also a Type D buffer along Thomasson for ground level things such as barbecues that would be behind the buffer. CHAIRMAN STRAIN: Okay. SCHIFFER: But it should not be on buffer land, I think. STRAIN: Okay. Brad, did you have something else? MR. SCHIFFER: That's it. I'm done. CHAIRMAN STRAIN: Okay. Anybody else? Brad or Ray, that was all of the public speakers; right? MR. BELLOWS: Correct. CHAIRMAN STRAIN: Okay. Good. Public hearing is closed. Entertain a motion. CHAIRMAN It's barbecuing in the buffer. MR. CHAIRMAN MR. ABERNATHY: I move that AR-6906 be forwarded to the Board of County Commissioners with a recommendation of approval subject to staff recommendations and the recommendation of the County Planning Commission. MR. SCHIFFER: Second. CHAIRMAN STRAIN: Okay. Discussion. MR. SCHIFFER: I'd like to add one thing, Mark. I see no reason why we can't -- we've given them the units, why we can't get the dedication of that right of way on the southwest corner, We could define it on the plat book today if you want. CHAIRMAN STRAIN: I have a note, a stipulation that I was going to suggest that too. MR. SCHIFFER: Page 87 16 , C 16 5:, October 6, 2005 Okay. CHAIRMAN STRAIN: There's the right-of-way area on the southwest corner of the property as Stipulation No.1. That will be dedicated to the county at no cost. Stipulation No.2, that the playground referenced by the Parks Department is not recommended. And then No.3 n go ahead, Margie. I'm sorry. MS. STUDENT-STIRLING: As to the right-of-way dedication, when would that occur? CHAIRMAN STRAIN: That would n well, I mean, the time ofthat n this is an STP project; right? Are they in for STP at this point, Ray or Joe or anybody? MR. BELLOWS: Not that I know of. CHAIRMAN STRAIN: Time ofSTP? MS. STUDENT-STIRLING: STP approval or application? CHAIRMAN STRAIN: Approval. MS. STUDENT-STIRLING: Okay. CHAIRMAN STRAIN: And then the last stipulation would be that the applicant will work out the agreement with the CRA for the improvements along Bayshore and Thomasson before the BCC hearing. That's all I -- Ms. Caron? MS. CARON: Ijust would like it to be on record that I will not be voting for this. I do not think it is correct for us to be putting this many units in the coastal high hazard area. And everybody should be well aware that the affordable density bonus is not a given. It's something that's requested. So, first of all, they don't have to get this many to begin with despite the overlay. They're not part of the overlay so... CHAIRMAN STRAIN: Okay. Is there any other n any other comments from the committee? MR. SCHIFFER: None. No. CHAIRMAN STRAIN: Okay. We'll call for the vote. All those in favor of the motion with the stipulation noh, first of all, does the motion-maker accept the stipulations? MR. ADELSTEIN: I accept them. MR. SCHIFFER: The second does also. CHAIRMAN STRAIN: Okay. All those in favor of the motion? MR. SCHIFFER: Aye. MR. ADELSTEIN: MR. MIDNEY: Aye. Aye. MR. ABERNATHY: Aye. Aye. STRAIN: Aye. Anybody opposed? Aye. MR. VIGLIOTTI: CHAIRMAN MS. CARON: CHAIRMAN Page 88 1 6 I (;16- H)~er 6, 2005 . STRAIN: Commissioner Caron, of course. Okay. Motion passes six to one. MR. SCHMITT: Commissioner Strain, we need a separate vote for the density vote agreement. CHAIRMAN STRAIN: Oh, glad you told me. I didn't know that. That's the -- is there a motion to recommend approval of the density bonus agreement that's been-- MR. ABERNATHY: So moved. MR. VIGLIOTTI: Second. CHAIRMAN STRAIN: Motion made seconded by Commissioner Vigliotti. Any discussion? (No response.) Hearing none. All those in favor? CHAIRMAN STRAIN: Aye. Aye. MR. ABERNATHY: Aye. VIGLIOTTI: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? CARON: Opposed. CHAIRMAN STRAIN: Thank you. Motion passes six to one. CHAIRMAN STRAIN: Item E on the agenda was the Bristol Pines. That was moved to -- for those of you in the audience who may not have caught it, it was moved to the earlier part ofthe agenda and has been completed. So now we would be on Item F. That would be Petition PUDA-2005-AR-7557. It's Empire Developers Group with the HD Development Planned Unit Development north ofImmokalee Road. MR. SCHIFFER: MR. MIDNEY: MR. ADELSTEIN: Aye. MR. MS. MR. SCHIFFER: Mark, I'm sorry. Remember that condition we made and they were going to change one unit into bonus. Do you think that made it through with our motion or not? CHAIRMAN STRAIN: We didn't stipulate it, but I'm sure Cormac addressed to it. Cormac picked it up. MR. SCHIFFER: Okay. CHAIRMAN STRAIN: Now, let's go on with the petition at hand. All those that are going to be testifying in this petition please rise and raise your right hand. (Speakers were duly sworn,) CHAIRMAN STRAIN: Thank you. Disclosures by the Planning Commission? Anybody have any disclosures other than me? I had talked to Attorney Tony Pires about some of the issues involving landscaping buffers on this project. And Commissioner Caron? MS. CARON: Same. CHAIRMAN STRAIN: Anybody else? (No Page 89 161C16 tQ]Jer 6, 2005 response.) CHAIRMAN STRAIN: Okay. Ma'am, it's yours. MS. SPURGEON: Okay. Good afternoon. My name is Laura Spurgeon. I'm a senior planner with Johnson Engineering here in Naples. I'm here today representing Empire Developers Group. With me is Bill Slavich of Empire Developers Group, Neil Dorrill, the project manager, Attorney David Bryant and project engineer, Larry Harris, if we need to ask them to answer any questions. The project we're working on is a 46-acre site north ofImmokalee Road bounded by the Olde Cypress Development that exists. What it is is an improved PUD, The HD Development PUD was approved by Ordinance 0330 in June of 2003. That original rezone from an agricultural to HD Development PUD provides for 104 dwelling units across the 46-acre site yielding about 2.23 dwelling units per acre. Since Empire Developers Group acquired the property following that -- or general PUD zoning, they are requesting a minor amendment to the PUD document to change two development standards, that is the lot width and the lot area. Specifically, the current PUD provides for 85-foot-wide lots on a northern tract of the single-family area and 12,000 square foot lots there. We are requesting 65 n 60-foot-wide lots and 9,000 square foot lots on that north n northern part of the site. The southern part of the site was already zoned for 55-foot-wide lots and 6,000 square feet in area. We are upping that to the 60-foot-wide lots and 9,000 square feet in size to create a consistent development standard across the entire site. As noted in the staff report, we have responded to some concerns that were raised at our neighborhood information meeting. Specifically we are applying for a district approval to allow large trucks and earth moving equipment to access the site during construction through the Cocohatchee Canal right of way to ease some of the traffic impacts during construction. And, also, an enhanced buffer plan has been included in our PUD amendment package to address aesthetics and compatibility along the north property line. We had discussions with concerned neighbors this morning and we're going to reaffirm that the north n northern buffer will exist as it's shown in our PUD materials. Specifically we will also document agreements and discussions that have been held already with the Olde Cypress Development entity, stock development that portion where we share boundary with Olde Cypress along the north line. There will be cooperation so that an acceptable boundary across 10 feet of our property plus any additional room that there is between our property and a cart path on Olde Cypress property up to a dimension of 20 feet total will be a cooperative effort to form a cohesive buffer that will satisfy the neighbors in Olde Cypress as well as our developer of our site. We appreciate the staffs recommendation for approval. We're available for any questions that you may have. Thanks. Page 90 1 6 I C 16' LOber 6, 2005 ....:.- CHAIRMAN STRAIN: Well, I think we'll have a few, at least I do. Brad. MR. SCHIFFER: Yeah. I'll start off. There's 71 lots shown in that area n MS. SPURGEON: Correct. MS. SCHIFFER: n and they'll all be single family? MS. SPURGEON: Correct. MR. SCHIFFER: So what you're kind of saying is Tract 3 will have 33 units on it and I calculated a density of 23 1/2 units per acre. What's going to happen there? MS. SPURGEON: Tract 3 is not part ofthis request. We're only requesting the specific changes to the lot width and lot area. You're right. The total units allowed on HD Development PUD in total is 104. And our plan would only yield 71 in the single-family tracts but there's no intention for development on this multi-family tract at this time. MR. SCHIFFER: But the prior platting, how many lots were -- how many units were not in Tract 3 on the prior plan? And we've never seen the prior plat in our package so... MS. SPURGEON: Right. The prior PUD approval was just subject to a master plan, a bubble diagram, that didn't allot where those -- where those actual units would go. Bill Slavich is mentioning that in engineering plans to follow the original master plan, 73 lots would have been yielded from that single-family area. MR, SCHIFFER: So my question is: Why do you need 33 extra units to be placed on that Lot No.3? I mean, Lot No.3 is in here because it gets the remainder of the density. MR. BRYANT: Good afternoon, Commissioners, Mr. Chairman, I'm David Bryant. One thing I'd like to share with the commissioners is we're not asking for anything on that smaller parcel, you want to call it an out parcel. All we're asking today is for the larger parcel. And what we're doing is we're reducing density on that parcel. And I think the board has seen today many times where people have been asking for bonuses to increase their density. This is a novel situation in where a developer, because of the product that he wants to place on that, which is a quality product, he is reducing the density to the parcel that is the subject ofthe amendment today. Which is, like I said, a novel situation in Collier County. MR. SCHIFFER: But the point I'm making, though, is that the remainder of your density will be allowed to be built on Tract 3. So, therefore, we do see that density brings it up on the other site unless you want to just back away some densities. I mean, you know, it's hard to do this PUD and not consider Tract 3 if Tract 3 gets the remainder of the density, Page 91 16 leI ~L:-6er 6, 2005 MR. BRYANT: I appreciate that, but we're not linking these two developments, And by the comments you're making, you're linking those two together. And we're not asking for anything on that particular out parcel. And if we were ever going to do anything on that, we would have to come back to this board and the BCC to be able to do what we may want to do and may not. Because it's a very small parcel. And I can share with you right now, there's never going to be any intention to do residential on that out parcel because of where it's geographically located and where it's situated. MR. SCHIFFER: But yet you're -- the PUD we're reviewing describes that as a multi-family site, has development standards for it. So, essentially, approval of this would allow you to build on that site. MR. BRYANT: Well- MR. SCHIFFER: You may have access n I mean, there's, like n the access is some, you know, jumbo areas going across the neighboring lot but -- so rather than discuss that but-- , MR. BRYANT: And I appreciate that and I think those are very wise comments; however, we don't have at this time, and Mr. Slavich can speak to this, there is no desire to do any kind of multi-family on that particular out parcel. And, like I said, the key issue here today is the amendment of the larger site where we are reducing the density that we could build today if we wanted to start building. But we believe that this product and the n by reducing the density, increasing the green space, making the lake more attractive, putting in the buffer that exceeds what the county has requested or is requiring, and trying to make this particular parcel very attractive to the remaining residents and parcels in Olde Cypress. CHAIRMAN STRAIN: Does the 104 units that you're asking for include any units that would be applied to that multi-family parcel? Isn't that kind of where you're going? MR. SCHIFFER: And it's the remainder of the density. They're using- CHAIRMAN STRAIN: Well, they're only requesting 104 today. MR. SCHIFFER: And they have 71 single-family lots. So doing the math, the rest of it's on the other parcel unless I'm n I'm missing something here. But you've answered it the same a couple oftimes so I'm fine with that answer. I'll discuss it with Heidi. MR. BRYANT: Thank you, sir. With the total number oflots on that large parcel is that we intend to build is 71. MR. SCHIFFER: Correct. MR. BRYANT: Yes. MR. SCHIFFER: And I'm not worried about that at all. And I appreciate everything you said about that. MR. BRYANT: Thank you. Page 92 1 6' G 16 Jctober 6, 2005 CHAIRMAN STRAIN: But I think what you're getting at he's going to put essentially 33 units on n MR. SCHIFFER: He's got stuff in his back pocket that -- the -- let me ask about the building type. These are 71 lots. Do you think you'll be building one product 71 times to n because Collier's starting to look like a zipper from a satellite. MR. SLA VICH: Bill Slavich, Empire Developers. We plan on building one n four different product types. MR. SCHIFFER: Okay. MR. SLA VICH: Ranging from 2,200 square feet to 3,000. MR. SCHIFFER: Okay. All right. Thank you. I'm done. CHAIRMAN STRAIN: Okay. I've got a series of questions. Does anybody on the panel want to go first? (No response.) CHAIRMAN STRAIN: The argument that you've come forward with here today is that you're averaging development standards for a minimum lot width and lot size. I want the n not that I'm opposed to the width that you're suggesting, but I'm not finding that you're averaging because you have lot widths now at 85 feet and 55 feet. The average of that is 70, not 60. So just for the record, I don't think you're averaging lot widths. I think you're reducing lot widths overall which will end up giving you more units. So with that point there's another argument or another issue that says, The applicant has agreed to route the traffic they're using for construction through South Florida n South Florida Water Management District easement on the south side of the property if accept -- acceptable to district. Who owns that property? I mean, you're talking about the property that's shown in the arrows if I'm not mistaken; is that correct? MS. SPURGEON: That's the Cocohatchee Canal maintenance easement. CHAIRMAN STRAIN: Do you see the arrows on the lower right-hand corner? Is that your egress? Okay, Where would you be coming in with the construction traffic? ;r,,; MS. SPURGEON: On the Cocohatchee Canal maintenance easement. It's labeled on the southwest part of the diagram. CHAIRMAN STRAIN: Okay. See the dark arrows that are there? MS. SPURGEON: Yeah. CHAIRMAN STRAIN: Is that -- what are they there for? MS. SPURGEON: That's the southeast section. And that's -- that was the existing diagram in the HD Development PUD showing access to that multi-family parcel that's not subject to any development plans at this time. CHAIRMAN STRAIN: Then why are they here? MS. Page 93 16 I C 16 ,Jber 6, 2005 SPURGEON: Because that's already in an ordinance when they adopted the HD Development PUD. CHAIRMAN STRAIN: Okay. And you're producing a new ordinance today; right? You're going forward with- MS. SPURGEON: We're doing an amendment, a straight through and underline amendment. CHAIRMAN STRAIN: Right. But you're not going to need those black arrows on this new one because you're not going to use that access route; is that right? MR. BRYANT: And, Mr. Chairman, we could not use that access for the particular site because the slough is between the property and that piece of property. I mean, there's no way you could even get there. CHAIRMAN STRAIN: I understand that. And what I'm trying to do is, why are they n let's just not -- why do we have them on the plan? MR. BRYANT: It's like Laura said, they're there because that's part of the approved ordinance and it was in the ordinance as the Board of County Commissioners approved it. Why they put them there, I have no idea. CHAIRMAN STRAIN: Okay. MR. BRYANT: This is the area back over on this side if you want to- CHAIRMAN STRAIN: Let's start a simpler way. Do you have a plan that you can put in the overhead that reflects what you're trying to do at this -- today's meeting? MS. SPURGEON: Okay. The one on the overhead was the Exhibit A to the PUD document, the master plan. Now I'll show you the conceptual site plan. CHAIRMAN STRAIN: That Exhibit A you talked about is the master plan to the old PUD, not the new one; right? MS. SPURGEON: No. This is the new n the new master plan. CHAIRMAN STRAIN: I guess maybe I'm not understanding. The black arrows were needed on the old master plan because they were part ofthe ordinance. You're coming with a new master plan, you tell me you don't need -- you can't go through that area anyway. So my question's, why are you indicating that they're on the plan? MS. SPURGEON: That -- that is actually n I'll put up the old ordinance, the adopted master plan. That's the layout that was adopted. And what we're doing is we're changing the design of the single-family tracts on the west section of the property. So I'll put that up at this time. CHAIRMAN STRAIN: Thank you. MS. SPURGEON: That's the master plan. And I'll put up the conceptual site plan so that you see the lot layout. CHAIRMAN STRAIN: That's what I'm trying to get, but I can't get there and trying to Page 94 1 6' C 1.6 ~ ~ctober 6, 2005 figure that out. MR. SLA VICH: I can help you out. The access question- CHAIRMAN STRAIN: Yes. SLAVICH: Imeann ADELSTEIN: It's like two ships passing in the night. CHAIRMAN STRAIN: Excuse me, can you use the microphone, please. MR. SLA VICH: Immokalee Road essentially comes down the bottom of the TV, Treeline Drive. CHAIRMAN STRAIN: Right. MR. SLA VICH: The access would be from right off Treeline Drive through the backside of the driving range that currently Stock has, Stock Development which we have an agreement with, would tie into the easement -- was it the Cocohatchee Canal easement? So it would be coming in from the west side of the property on the Cocohatchee Canal easement into essentially this cul-de-sac area where the heavy equipment's coming. CHAIRMAN STRAIN: Okay. That's what I was trying to get to. MR. SCHIFFER: Just one. Isn't that Olde Cypress that comes off ofImmokalee? MR. MR. MR. SLA VICH: I believe it's Treeline Drive that comes offImmokalee and eventually turns into Olde Cypress Drive after it's through the gatehouse. MR. SCHIFFER: Okay. MR. SLA VICH: Is that n Olde Cypress Drive -- it's Olde Cypress. Well, I live in there and I should know that, but it's Olde Cypress Drive and then turns to Treeline past the grass. So we would be coming off Immokalee Road, off Olde Cypress Drive across the backside of the driving range which we have an agreement with Stock Development on already onto the maintenance easement for the canal. CHAIRMAN STRAIN: Okay. Well, that resolves my question ofthe arrows. Thank you. MR. SLA VICH: The arrows had nothing to do with that. Sorry about that. CHAIRMAN STRAIN: I know. That's why I couldn't get to it. MR. SCHIFFER: But, Mark, just before we leave the arrows -- CHAIRMAN STRAIN: Go ahead. MR. SCHIFFER: Are the arrows supposed to give us the impression that there's access to that third tract from the east? MR. SLA VICH: There is access through the east to that third tract. Currently right now it comes past, and forgive me, it's either a gas station that's across from the high school. Currently right next to that tract is being developed some commercial property and there's a storage facility -- storage warehouse right behind it. So there Page 95 16 ~ 16~ October 6, 2005 is access to that Tract 3 through that commercial n as a matter of fact, you'll see you can see it right there on the overhead now. MR. SCHIFFER: So there is n whoever owns Tract 3 has made arrangements to pick up off that cul-de-sac and have access or -- CHAIRMAN STRAIN: There is access n there is an access agreement for Tract 3 with the prior landholder of the commercial piece of property. Yes, sir. MR. SCHIFFER: Thank you. I'm sorry, Mark. Back on. CHAIRMAN STRAIN: Oh, that's quite all right. I don't know who wants to take this next question, but I notice in the staff report that the price point for your homes are $750,000. Is that a correct statement? MR. SLA VICH: Yes, sir. CHAIRMAN STRAIN: Okay. How many of those are going to be affordable or work force or gap? MR. BRYANT: They're all going to be priced at 750 and above.' There aren't any set aside for any work force or affordable housing in this particular project that we're doing. CHAIRMAN STRAIN: So you -- with a project like this that's going to generate service-people needs, you're not proposing to do anything for work-force housing? MR. BRYANT: We have not been required nor have we offered to do that because we don't think this site is appropriate for that. We don't think that this particular product in this particular development is appropriate for interspersing, if you would, work force or affordable housing in this and we're not required to. We're not required to by our existing PUD. CHAIRMAN STRAIN: You know, whether you're not required to, you're right, but a lot of people recognize it as an issue that should be addressed and-- MR. BRYANT: And I think it's an excellent issue and I was really happy to see how this board's been handling it throughout the day. But this particular project we don't believe would be adaptable to doing something. The next project we look at, we will definitely look at those issues and we appreciate the board's comments too. CHAIRMAN STRAIN: What part of doing something don't you think applies to your project? MR. BRYANT: We don't think that -- because, one, we're not required to. And, two, because we have an accepted -- an already approved PUD by the Board of County Commissioners that does not require that. That's not an issue that's before the board here today. It isn't an issue for the county. And we believe that we've approached it appropriately for this particular site for this particular time. CHAIRMAN STRAIN: Well, some may disagree with you on that point. Page 96 16 I G 16 -.october 6, 2005 MR. BRYANT: Thank you, sir. CHAIRMAN STRAIN: PUD document, I don't know who wants to discuss that on page 9. You have a D-2. I found some n a crossed-out section in D-2, but I also found an underlined section that was crossed out. And I'm wondering if that is by mistake or is that correct? You're talking about a 20- foot Type D buffer adjacent to Treeline Drive. And first it said 10. Then it was written in 20. Then it was underlined, so it was new. And then the whole thing was crossed out. Are you -- what is the intention along Treeline Drive based on No.2? MS. SPURGEON: The intention was change the approved 10-foot buffer to a 20-foot Type D-2 buffer. And that should be the ultimate language, the 20-foot Type D buffer along Treeline Drive. CHAIRMAN STRAIN: Okay. So the cross -- the fact that the strike-through went through the 20-foot is an error. Okay. MS. SPURGEON: Okay. MR. WHITE: Mr. Chairman, Assistant County Attorney Patrick White, under D-2 as well I think you also have to recognize that perhaps the strike-through through the words, Foot Type D in buffer adjacent to Treeline, may need to be removed as well. And I'd ask that the applicant's agent confirm that. CHAIRMAN STRAIN: To add it back in? MR. WHITE: To add it back in. That the strike-through would be removed. CHAIRMAN STRAIN: Okay. Is that consistent with what your understanding is? MS. SPURGEON: That still accomplishes the same intentions we had for a 20-foot buffer along Treeline. I think the -- the reason that the last minute some underlines and strike-throughs got overlapped was because we added that landscape plan exhibit to be more specific what the buffer would be along Treeline. So we have the 20-foot Type D buffer designation that will apply there enhanced by a landscape planting plan that the neighbors found acceptable to meet their needs along the northern property line. CHAIRMAN STRAIN: The 20-foot buffer that you're speaking of is along the entire boundary of the north property line on your side of the property line, Is that-- MS. SPURGEON: The 20-foot buffer extends along the Treeline Drive frontage. It goes to a lO-foot buffer beyond the Treeline Drive frontage. CHAIRMAN STRAIN: And there's a -- MS. SPURGEON: Yeah. Minimum 10 feet on our property. And that's where the condition that we will provide documentation that any extension beyond our property line to enhance that buffer beyond our ten feet onto Olde Cypress property as already discussed and arranged with meetings with Stock Development. The buffer will be extended in cooperation with Stock Development to the point ofthe cart path or at least to a maximum of 20 feet total beyond the 10 feet on -- on our property. CHAIRMAN STRAIN: You mean a minimum of 20 feet total, don't you? Page 97 16~~16' ~ "'()ctober 6, 2005 MS. SPURGEON: Well, yeah. Where the cart path is within 5 feet of our property, we'll have 15 feet. We won't have the minimum 20. It will be a maximum. CHAIRMAN STRAIN: I'm sure there's going to be more discussion on that before the meeting's over so we'll see how it gels out. The parcel that you have immediately to the west of this project, who owns that? MS. SPURGEON: Empire Developers Group. CHAIRMAN STRAIN: What's the plan for that since it's going to be contiguous to this PUD? MS. SPURGEON: Do you want to speak to the - MR. BRYANT: I believe that n Mr. Chairman, I believe that we'd look at that almost in a conceptual type analysis because it's not part of this particular project. So it would not be something that would be linked to this at this time. And we're only looking at the amendment to the PUD that has already been approved by the Board of County Commissioners. That -- that parcel n nothing has been done with that as far as getting it approved by the board or bringing it to this particular board. So we're only looking at this one. CHAIRMAN STRAIN: You don't have a conceptual plan for it? MR. BRYANT: I don't have one with me, no, sir. CHAIRMAN STRAIN: Maybe before the day's over we'll find one. I don't have any other questions on this -- at this particular time. Anybody else? (No response.) CHAIRMAN STRAIN: Okay. Thank you. Heidi, would you like to present the staffs report, please. MS. WILLIAMS: Good afternoon. Heidi Williams, principal planner, zoning and land development review. This project came before staff as -- as an amendment to the development standards and the master plan for Tract A and Tract B. Upon review it was found to be consistent with the growth management plan, no new impacts to wetlands or wildlife were anticipated from an amendment of this type, so there was no review by the EAC. Environmental staff has found it to be consistent. The zoning review finds that the requested amendment are appropriate to provide a unified development pattern. Additionally, the applicant, as stated earlier, has worked with neighbors to address their concerns. One of those concerns is additional landscaping along the northern PUD boundary. The Land Development Code requires a 20-foot Type D landscape buffer along Treeline Drive and that is due to residential abutting a roadway. The LDC requirement for residential against residential is a 10- foot Type A buffer between which would result in one tree every 30 feet where there are homes adjacent to the golf course at Olde Cypress. This was not acceptable to the residents in that area. And what has Page 98 1 6 I C.16 +pctober 6, 2005 been put on the record already is that there is an enhanced planting plan that increases the one-tree requirement. Unfortunately, the applicant feels constrained by the lake maintenance easement. They -- they have stated that the 10 feet on their property, the width will be maintained as required by the Land Development Code. It will be then supplemented by the planting plan so that there is additional material which increases the effect of a landscape buffer. This is acceptable to staff in that it is an enhancement of the Land Development Code and it responds to neighbors' concerns. Transportation staff has just mentioned to me that there is an anticipated green way along the north side of Immokalee Road. That if a construction access is granted along that canal easement, it could be utilized as part of the green way once construction activity is completed. They would request that that be allowed. To address your concerns about the additional density, the extra 30 units that could then be attempted to be placed on the multi-family tract, the PUD does not designate densities for one tract over another. They simply refer to the development standards of the lot width. There are 30 units left over. I think it's highly unlikely that all 30 of those units could be placed when you look at the development standards. There are setbacks that must be met. There's a maximum height of three stories. When you look at parking requirements and everything like that, it's pretty unlikely they could have that many units on there. I think this sets up a situation where there's just a number of unused units in this development. To try and answer your concern about the arrows on the master plan, those were on there to designate the ingress/egress points with the previous PUD zoning. The arrow that is shown on the northwest side of the site is for the access to Tracts A and B. The PUD document clearly states there shall be no access to Treeline Drive for development on tract n the multi-family tract. That access is -- to that site is to be granted through the commercial that is located east of the property. When it comes to the language in the PUD documents on page 9, we've had many revisions of this document. I think that we do need to clean up the language when it -- to clarify not only to refer to the Exhibit C for the enhanced planting, but also to confirm the minimum widths required for this project especially along the north. I would also like to put on the record that from the time that you were provided your packet, we have coordinated with legal staff to update the LDC citations from the old notations to the new codification numbers. Section 5.8.S language on the construction entrance has been modified slightly so that it is not only limited to the heavy equipment using that construction access. I think that concludes my presentation. If you have any questions for me, I'd be happy to answer. CHAIRMAN STRAIN: Questions, Brad -- Mr. Schiffer? MR. SCHIFFER: Page 99 I C--16,4 16 v~tober 6, 2005 Heidi, I'm still concerned about Tract 3 because it's there. I mean, we pretend it's not, but it's there, Can -- would you have a problem if we reduce that down? I mean, you're saying that nobody could build something at 33 units per acre, but-- or, actually, 24 1/2 units per acre. And I'm an architect and I can imagine some ugly stuff at 241/2 units per acre. So since they only want 71 lots I think reading between the lines is that they're intending to go commercial in that area anyway and come back. Can't we just throw those units away and then Don Scott doesn't have to worry about phantom cars and stuff like that or... MS. WILLIAMS: Well, frankly, this is a strike-through underline amendment so I don't think that we have the ability to open up other parts of the document from what the applicant is proposing to amend. They do have unified control of that parcel. I'm not sure if that would be something they'd be willing to do, but as staff reviews this project, we were limited in what we could n we could review on this project. MR. SCHIFFER: But I don't see how this would be limited. Because if you reduce the density in one area, obviously, it goes up in the remaining areas. So essentially what we do here effects that, so that is part ofthis deal so... MS. WILLIAMS: And, again, the PUD document does not spell out a maximum density on any tract. MR. SCHIFFER: Correct. That's exactly why there's a problem. Ifit did spell out a maximum density on Tract 3, I'd be quiet. But, anyway, I do think we have to address that. The other thing is there any concern n all of this traffic is going to go into the Treeline Road, I guess they call it, or Olde Cypress Boulevard it looks like on this. Much like the Quail Creek project, we have everything coming into one stem road. I mean, you quote community character plan, but I think the community character plan describes this as what we don't want to do. And that's where we have all this traffic on one road. It's backing up. I mean, is anybody worried about all of this traffic joining the other traffic and coming down Olde Cypress? MS. WILLIAMS: When staff reviewed this petition, it was not seen as an increase in already anticipated traffic. No additional units were requested. And, therefore, we don't n we haven't viewed this as an increase to traffic on the road. MR. SCHIFFER: That's good. I accept. I'm sorry. Okay. I'm through. If Mark - CHAIRMAN STRAIN: Anybody else? (No response. ) CHAIRMAN STRAIN: Thank you, Heidi. Is there any other transportation? I don't know. You got your question answered so you're not -- MR. SCHIFFER: Well, I think so. I think, again n you know, and Heidi quotes the community character plan, but this is actually exactly what it's not saying. What it Page 100 , 16,C16 October 6, 2005 .~. is saying is that they want this in connection with Immokalee Road. And we're, once again, like we looked at Quail Creek, we have everything into one road. This Olde Cypress Road is right next to -- we have roads running side by side next to the -- I think it's Longwood or Long-something-or-other, but I'm done with that. CHAIRMAN STRAIN: I have one question of transportation and maybe Heidi has said enough or Don Scott could allude to more. What's the issue on the green way that Transportation seems -- and I'll be interested in because it hadn't come up before in this area that I know of. MR. SCOTT: Actually, it's part of the design bill. We're looking at building a green way on the north side of the canal there. So actually I believe we could work together with them with -- with the Water Management District, so whatever improvements they do are there for what we can use for the green way. CHAIRMAN STRAIN: Just in case you can't work together with them because say they sell the property or something like that, is there something that can be helped along with that process as a stipulation? MR. SCOTT: Let's see. I would believe what improvements are done. CHAIRMAN STRAIN: Well, think about it. I'll ask you the question again. MR. SCOTT: Yeah. CHAIRMAN STRAIN: We have some public speakers and let's get through those. MR. SCOTT: Okay. CHAIRMAN STRAIN: And we'll come back to it. Ray, how many public speakers do we have? MR. BELLOWS: We have two registered speakers. Okay. Gene Mayberry followed by Tony Pires. CHAIRMAN STRAIN: MR. BELLOWS: The first is MR. MAYBERRY: I'm going to waive my speaking time. MR. BELLOWS: Tony Pires. MR. PIRES: Mr. Chairman, members of the Planning Commission, Tony Pires for the record representing some property owners on Treeline Drive who have had the opportunity to work with the staff and also with the developer and the developer's representatives to address the issues that have been at the forefront of the minds of the residents and the existing Olde Cypress PUD to the north along Treeline Drive. And I believe we have come to a resolution of those issues today. But I think it would be helpful to have in greater detail the nature of that resolution so that there's no Page 101 161 G'16~.; October 6, 2005 misunderstanding and that it can be incorporated into the PUD. And I can be corrected by Mr. Bryant or Ms. Spurgeon ifI make any misstatement, but my understanding is -- ifI could use the -- is this one working, yes -- the visualizer that the portion of Treeline Drive with -- where my clients live is in this area. And the concern is with regards to the buffering along the northern boundary. The discussions centered upon the nature or scope, extent of that new buffering by virtue of the PUD amendment. And the agreements as I understand it and we want to clarify it for the record, be part of the record, part of the PUD, is that there would be a minimum 20-foot landscape buffer along the northern portion. There are some site constraints on this side because of the proposed lake as proposed as part of the water management feature and the lake maintenance easement, but the developer of this project has had discussions, as I understand it, with the developer/controller of the golf course to the north ofOlde Cypress. Okay. That would have the agreement entered into between that property owner of this strip here, the golf course, for the placement of landscape materials and also additional berming. There is a permanent berm that's required under the existing master plan along the HD Development northern boundary, And the golf cart (sic) has an elevation a bit higher than the surrounding properties. So the concept would be that in this area here to the extent possible, make one berm out of it so you don't have a little dip and then landscape and vegetation plantings would occur in this area. And that would be a minimum of20 feet consistent with the mas sings and the type of vegetation as indicated on Exhibit C. In order to achieve that, as I understand it, there would need to be that agreement. That would need to be in place before the county commission heard this particular item. Additionally, with regards to the document itself, a number of cleanup items, I believe, need to occur. Exhibit A to the proposed master plan in your agenda packet under portion east of the entry to this particular project calls for a 10- foot Type A buffer. The proposed buffering along the northern portion that we're talking about with the 20 feet oflandscape plantings, with the one berm being created with part of the plantings being on the golf course side is the north property line, it would be more than 10 feet. It would not be a Type A buffer. And, therefore, we need to make sure Exhibit A is consistent with Exhibit C which is the landscape planting in the enhanced landscape planting plan as well as being consistent with the language in proposed Section D-3 at page 9 ofthe PUD. So those are the type of items that need to be clarified to make sure that what we understand the deal is, that there is no misunderstanding when everybody walks away and when the PUD is finally adopted so that we don't have any issues down the road and people are getting confused as to what the arrangement is. But I think that's important to be agreed upon on the record and made part ofthis Page 102 ,.', 161G16. O'tStober 6, 2005 particular PUD or any approval that you may recommend to the Board of County Commission that that be conditions of approval. As a result based upon the understanding as to this enhanced landscape buffer along the northern portion particularly east of that curve on Treeline adjacent to the golf course and partially on the golf course, a creation of one berm, I'll call it, by filling in the spots at certain areas, and minimum of 20 foot oflandscape vegetation and buffer, my clients are amenable and recommend approval of this PUD amendment to the Planning Commission and will do so to the County Commission. And, once again, an agreement needs to be entered between the owner of the property to the north. And I believe that needs to be a recordable instrument that would run in favor of the property to the south as well as to the -- my clients for enforceability purposes and that needs to be entered into prior to the County Commission hearing. Hopefully that would occur. MR. ABERNATHY: Did you bring a draft of that with you? MR. PIRES: No, sir. We sort of hammered that out today, Commissioner Abernathy, We've had some interesting-- MR. ABERNATHY: You knew that's what you were going to ask. MR. PIRES: Well, we didn't have an opportunity after working on it this morning so I apologize for that. MR. ABERNATHY: Okay. MR. PIRES: Thank you. CHAIRMAN STRAIN: Tony -- MR. PIRES: Yes, SIr. CHAIRMAN STRAIN: -- how much of the property is improved at this point for this project? MR. PIRES: On the HD Development site? CHAIRMAN STRAIN: Right. MR. PIRES: To my knowledge, I could be corrected, none of it is improved to my knowledge. CHAIRMAN STRAIN: To the lake that is the prohibition to the landscape buffer being on their property line south of there -- 20 feet south of their property line doesn't exist. MR. PIRES: To my knowledge that does not exist. That is correct. But my understanding -- I'm not speaking for the applicant, but I'm sure they will address the issue with regards to site constraints because of the flow way and lot layout and the South Florida Water Management District requirements for the 20-foot LME, Lake Maintenance Easement, along the northern portion that creates a tight squeeze. CHAIRMAN STRAIN: Plus you move the lake 20 feet south. MR. PIRES: They may -- you may wish to ask them that. We had that discussion because Page 103 16' ela_; October 6, 2005 I raised that issue with them. Also with regards to probably trying to change the contour of the lake and see ifthey can excavate additional depths to get whatever fill they need and contour it along the northern portion. CHAIRMAN STRAIN: Thank you. MR. PIRES: But, once again, we have worked on an arrangement that my clients are comfortable with and we appreciate the efforts that have been made by the developer to listen to the concerns of the existing community. CHAIRMAN STRAIN: You have an arrangement worked out, but you don't have any document? You're just verbal; right? MR. PIRES: Once again, it's all subject to all these being detailed prior to the county commission, that's correct. CHAIRMAN STRAIN: Okay. Well, we'll have to ask the applicant if they agree with your statements n MR. PIRES: Thank you. CHAIRMAN STRAIN: -- to get the -- at least the equipment door on this. Thank you, Tony. MR. PIRES: Thank you. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Hearing none. MR. BRYANT: Thank you, Tony. One thing that we would disagree with and I appreciate his presentation. It's been n he was very kind and gracious today to meet with us and try to hammer out an agreement that we all can agree on which is what we wanted to come to this board with. However, we did not agree to a minimum 20 foot over the -- it would be the eastern end of the buffer. We agree there will be 20 feet along Treeline which is consistent with the county's LDC requirements. However, the extension ofthat buffer will be 10 feet. That's the minimum we're talking about along the eastern side. However, we are going to work with the Stock Development Company to try to enhance that buffer. And if there is enough space there, because there are some constraints with the cart path being there and with the elevation changes over the site, that we can't build a buffer and a berm that would throw all the water and flood the golf course or throw it back. So we want to work with Stock to try to enhance those plantings. And that's why -- where is that? Why we made -- that's why we had this golf course buffer plan designed so we could show the members of the community how committed we are to making it look really nice for them and for our potential clients also. And that's why we're enhancing it and we're doing more. And if you look at the staff report it specifically says that the applicant is exceeding the county's requirements. Because as we sit here today under the old plan, if we just abandon this and went and built all the units we could build, which would be more under the old plan, Page 104 " "'''' 161C16 : October 6, 2005 there is no buffering requirement along the golf course. So we're giving something that we don't have to give in that particular area. And we believe we worked very diligently with the residents and we appreciate the input that they've had to try to reach an agreement. Thank you, Mr. Chairman. CHAIRMAN STRAIN: Thank you. Tony, before you walk away, does their issue in restricting that eastern extension of landscape to 10 feet only have an impact on you? MR. PIRES: Yes. And I guess the question is, we were -- we understood that they already had sort of an understanding with Stock Development about additional plantings and enhancement north ofthe property line. That's my understanding. And that wouldn't be any difficulty to obtain that. I recognize David is correct. I recognize along the western portion a portion of the golf cart path comes very close to the property line. It's not encroaching a little bit onto this HD Development site but then it kind of curves up to the north. So there might be an opportunity, once again, to have a wider space there. And I think the scale of that also reflects a 15- to 20- foot buffer in the area along the golf course. We recognize the golf cart constraint along the western portion may encroach, but my clients are still wishing to have and want to have the 20-foot landscape buffer. CHAIRMAN STRAIN: Okay. Thank you, Tony. I have a follow-up with Don Scott. MR. ABERNATHY: He wants CHAIRMAN STRAIN: Yeah. You may MR. ABERNATHY: He waived. MR. MAYBERRY: My name -- for the record, I'm sorry, my name is Gene Mayberry. And I'm representing or speaking for the residents at Olde Cypress. And with the discussions this morning or this afternoon, they're absolutely correct. We have had extensive dialogues with Empire as well as the county staff. I think where we came from or where we came to by lunchtime today is a conceptual agreement on the buffer, but we do not have the definitive details on a piece of paper. And what we're suggesting is we move forward with approval today, but prior to meeting with the county commissioners that we have a definitive buffer plan which ties to some ofthe dialogue that Tony gave you earlier. CHAIRMAN STRAIN: Thank you, sir. Don, in regards -- I'd like to talk to Don Scott. Don, with regards to your green way, is there any right of way or access easement or anything you need in order to get that instituted? to speak now. speak. MR. SCOTT: I don't think so. I think based on requirement, I think what we need to do is coordinate those so they don't pay twice essentially for what would be a requirement for sidewalks and bike lanes in front of them. And just raise it from Page 105 161C16 'October 6, 2005 that issue, And since there's some time before the board meeting, we'll have some discussions on that. CHAIRMAN STRAIN: Good enough. Thank you, Don. Any other questions? Yes, sir. MR. BRYANT: If I might, Mr. Chairman. CHAIRMAN STRAIN: Sure. MR. BRYANT: Any assistance we can provide to the county to help them facilitate that green way plan, I'm sure that my clients would be more than glad to because they believe that that's an important asset to the community also. One thing I'd like to refer to and in all due respect to Mr, Mayberry's comments, I would submit to the board he does represent the residents out at Olde Cypress. I have a letter here and I want to make it part of the record that was written on September the 15th, 2005, by Michael Didio (phonetic), if! pronounce that correct, who is present here today who is president ofthe board of directors of the Olde Cypress Homeowners Association. And it specifically says -- and I'd like if you would indulge me to read this into the record I would greatly appreciate it. With your permission, Mr. Chairman. CHAIRMAN STRAIN: Go ahead. MR. BRYANT: (As read): We are in agreement with your letter of September the 6th, 2005, relating to the two types of buffers to be installed at Vita Tuscana at Olde Cypress. That's the name of the project. We agree that the developer will install two types of buffers along the north property line. An enhanced 500-foot buffer along Treeline Drive will be installed based on the design prepared by Outside Productions which you see on the board. The remaining 900-foot buffer will be built in accordance with county standards and will be a Type D buffer. The only other stipulation we have is the buffers will be installed at the same time as the roads n roads and curbs. We have no problem with that. We would like to have a copy of the amended PUD before it is submitted to the county showing the two types of buffers. And I'll make sure that they get that. As long as Empire Builders satisfies these commitments, the board of directors will support the PUD amendment that is pending before Collier County. And if! could give this to Mr. Bellows, I'd like it part of the record, Mr. Chairman. Thank you for indulging me. CHAIRMAN STRAIN: Thank you. Okay. Ray, are there any other speakers? MR. BELLOWS: No other speakers. CHAIRMAN STRAIN: Okay. With that we'll close the public hearing. Is there a recommendation from the board? MR. ADELSTEIN: I move that AR-7557 be forwarded to the Board of County Commissioners with the recommendation of approval subject to staff Page 106 1 6 , C 16 October 6, 2005 recommendations and the recommendation of the County Planning ~ommission. MR. VIGLIOTTI: I'll second it. CHAIRMAN STRAIN: Okay. Discussion. Go ahead, Paul. MR. MIDNEY: I'm dismayed that with over 100 units with a price tag above three-quarters of a million dollars each that the developer is unwilling to do anything to address affordable housing needs that this project will create. CHAIRMAN STRAIN: Okay. Mr. Schiffer. MR. SCHIFFER: And, you know, I still have a problem with that density on the Lot 3. One thing I wouldn't mind doing is why doesn't -- it might be a perfect spot to do affordable housing. Why don't we leave Lot 3? Now, Olde Cypress, don't panic. It's way on the other side of the -- of the thing. It's way out by the road. It's coming off a commercial. It's kind of a beautiful area. This work force housing or something could be built there, There'd be beautiful views and the preserve. A little bit of noise from Immokalee, but a good designer could weed that out. So I don't like the idea ofletting it go forward with the density that's remaining on that site. And no matter how you say it, it is remaining on that site. The nice thing would be is there might be something they could market for work force housing rather than what they have plans. I don't think we should -- you know, and that site is part ofthis application because it's the remainder of the density. CHAIRMAN STRAIN: Okay. Anybody else? I have a couple comments that I think that with the- MR. SCHIFFER: They may want to respond to that, Mark. CHAIRMAN STRAIN: Okay. Go ahead. MR. SLA VICH: Mr. Strain, just make a comment. As a developer in talking about affordable housing, I'm the past president of the Florida Home Builders Association three years ago. So I have a very big concern for affordable housing. I have two sons. One's a senior at Naples High School. The other's a senior at Clemson University. He wants to come back here and get in the building business and work. And my issue is with all the other people's issues. Where are they going to live because ofthe price of housing in Collier County, Lee County and Southwest Florida? This community was already approved for 104 units. Ifwe're going to 71, whatever happens with Tract C and you can go look at 1.2 acres. I don't know how many affordable housing units you could actually have with parking and everything else on that site. But work -- you know, work force housing is very much an issue in this county. It's an issue in the state of Florida. It has always been on the agenda of the Florida Home Builders. It is always on the agenda of the Collier County Building Industry Association. I'm a past president of CBIA in 1999. So I share everybody's concern with affordable housing. The community originally was approved, was going to have more expensive houses. Page 107 1 6 I C 16 ~ctober 6 2005 , Actually, I guess, now at 750 it would probably be a little less expensive if you look at housing in Olde Cypress that currently is selling above 2 million. So, you know, for the record we are in favor of affordable housing. And I personally am in favor of affordable housing. So I don't want that to be on the record that either Empire Developers or Empire Builders is not in favor of affordable housing because we have worked very hard over the last ten years on affordable housing issues in this state and in this county. So thank you. MR. SCHIFFER: But -- and here's where the rubber meets the road is we have a situation with these lots. They are if you look at the standards set for them, you have 42 feet. They're very small minimums, 651 bedroom, this would be a good location to do something. So-- MR. SLA VICH: And I wouldn't rule that out Earlier you were making -- someone was going to make the comment, I'm not sure who it was, that we eliminate all the density. My immediate question to our attorney was if you eliminate all the density, then you could never come back for affordable housing. He also made the comment about commercial. Obviously, according to some of the -- depending on how you interpret the development codes because it is adjacent to a commercial piece, could it go commercial? That would be something that we could address at another meeting. We don't intend to build three story multi-family on 1.2 acres. I currently live on Treeline Drive. My house would be pretty much directly behind a three-story condominium building. And I can assure you as the landowner that I wouldn't do that for the property values in Olde Cypress nor for my own. So I don't actually think you could actually get that many units on there and add parking to it. To address the affordable housing issue, is that something that we could come back at a later date? Is there a possibility for that? Yes, sir, there is. I can't commit to that today because I'm only one of three owners. I have two partners to that. But I wouldn't want you to take the density away, because if, in fact, we came back and did do affordable housing, then you're right. That might be a good piece. Obviously, Olde Cypress would have to agree to that too so... MR. SCHIFFER: Well, I mean, the way -- when you walk out of here today, you'll have the ability to do that. There's nothing that would stop you. CHAIRMAN STRAIN: Brad, this is a discussion period for a motion. I'd like to -- MR. SCHIFFER: Well, I'm trying to- CHAIRMAN STRAIN: -- minimize testimony and -- MR. SCHIFFER: The reason I'm having this now is I'd like to get something to do with this density in the motion. Page 108 16tC16~ October 6, 2005 MR. ABERNATHY: Should have done that before we closed the public hearing. MR. SCHIFFER: Well, I did during the public hearing too. MR. BELLOWS: For the record, Ray Bellows. I'd also like to point out the limited scope ofthis parti cular -- MR. ABERNATHY: I was going to say, this is all very interesting, but it's not in play. CHAIRMAN STRAIN: Let's get on with the motion which doesn't really involve more testimony. As I was going to get into this, I'm concerned that there are some issues here that are still unknown. I'm worried about transportation. I feel that this is inconsistent with policy -- with Policy 5.1 and 5.2 of the transportation element. I haven't seen where it's consistent with Policy 5.4 of the land -- future Land Development Code. And I feel it's inconsistent with the LDC in Section 4.07.02DG. For that reason I'd be voting no on this proposal. So any other discussion? (No response.) CHAIRMAN STRAIN: All those in favor ofthe motion signify by saying "aye." MR. VIGLIOTTI: Aye. MR. ABERNATHY: Aye. CHAIRMAN STRAIN: I'm going to do that by raise of the hands. I have one, two for the motion. MR. ADELSTEIN: I -- go ahead. CHAIRMAN STRAIN: Okay. All those in favor of the motion to recommend approval please signify by raising your hand; one, two. Motion has failed. All those in denial; five. Motion fails two to five, Is there any other motion? MR. ABERNATHY: There needs to be a motion to deny. CHAIRMAN STRAIN: Right. That's what I'm asking for. MR. WHITE: Mr. Chairman, I'm- MR. BELLOWS: For the record, Ray Bellows, you can make another motion of a different density or a reduction of units or- CHAIRMAN STRAIN: That's what I'm asking. I'm sorry, Patrick. MR. WHITE: If everybody else is comfortable with what you-all have just done, that's fine. But I thought the motion was to deny. CHAIRMAN STRAIN: The motion was to recommend approval. MR. SCHMITT: The motion was to recommend approval. What I saw was two for and five against. CHAIRMAN STRAIN: Two for and five against, right. Okay. Very good. Okay. Now, is there another motion? MR. SCHIFFER: You want another motion? I'll make another motion CHAIRMAN STRAIN: Okay. Go ahead, MR. SCHIFFER: Okay. I make a motion to approve or send Petition Page 109 ,-.,, 161816 October 6, 2005 PUDA-2005-AR-7557 with the conditions that Mark put on it, with the additional conditions Tract 3 be dedicated to at least work force housing. MR ADELSTEIN: Can't do that. CHAIRMAN STRAIN: I mean, I can't say you can't do that when we have discussion. Is there a second to the motion? (No response.) CHAIRMAN STRAIN: Motion doesn't have a second, doesn't go. Okay. Is there another motion? Mr. Adelstein. MR. AELSTEIN: I move that AR-7557 be forwarded to the Board of County Commissioners with a recommendation -- recommendation of denial. MR. MIDNEY: I'll second. CHAIRMAN STRAIN: Motion made and seconded. MR. BELLOWS: What's the criteria, please, of the denial? CHAIRMAN STRAIN: Inconsistent with -- well, there's consistency with -- inconsistency with Transportation Policy 5.1,5.2, Future Land Use Element 5.4, Planned Development Code 4.07.02DG, I'm assuming. MR. ABERNATHY: Yes. CHAIRMAN STRAIN: Is that accepted by the motion-maker? ABERNATHY: Yes, it is. CHAIRMAN STRAIN: MR. And by the second. Any discussion on the matter? MR. SCHMITT: Just -- for the record, just understand this is a PUD amendment that n that already has existing zoning. And I just want to make sure that your -- that the basis of your motion is predicated on that. MR. ADELSTEIN: I understand. CHAIRMAN STRAIN: I think what happens is it falls back to the existing zOlllng - MR. SCHMITT: Yes. CHAIRMAN STRAIN: -- if the BCC doesn't take it and go in a different direction. MR. SCHMITT: Yes. CHAIRMAN STRAIN: Okay. Motion's made and discussed. All those in favor signify by raising your hand. CHAIRMAN STRAIN: (Raised hand.) MR. MIDNEY: (Raised hand.) MR. ADELSTEIN: (Raised hand.) MS, CARON: (Raised hand.) CHAIRMAN STRAIN: Is that four? Four in favor. All those against? MR. SCHIFFER: (Raised hand.) MR. Page 110 161C16 "",;October 6, 2005 VIGLIOTTI: (Raised hand.) MR. ABERNATHY: (Raised hand.) CHAIRMAN STRAIN: Three against. Motion passes four to three. Thank you. We'll take a ten-minute break for the court reporter. (A brief recess was had.) CHAIRMAN STRAIN: We'll call the meeting back to order. We have one final application today. I'm not sure what that is. I don't even know anymore. Petition PUDZ-2004-AR-6422. Will all those wishing to have testimony on this matter please rise and raise your right hand. (Speakers were duly sworn.) CHAIRMAN STRAIN: Thank you. Disclosures on part of the Planning Commission. MR. SCHIFFER: I'll go first. I had an e-mail from Barbara Bateman. And Wayne and I just waiting kind of discussed it in the foyer. CHAIRMAN STRAIN: Okay. Any others? MS. CARON: I met with Mr. Varnadoe and Mr. -- and Wayne Arnold. CHAIRMAN STRAIN: And I had n Wayne Arnold. MS. CARON: Wayne Arnold. I'm sorry. CHAIRMAN STRAIN: And I met with Mr. Varnadoe, Mr. Yovanovich, Wayne Arnold and their architect and I apologize, I forgot the gentleman's name. And we discussed a variety of issues that will be rediscussed at today's meeting. Okay. Mr. Varnadoe, it's all yours. Thank you. MR. VARNADOE: Thank you. For the record, George Varnadoe of the law firm of Cheffy, Passidomo, Wilson & Johnson. And it may not -- it may be the last project you hear today, but it's also going to be one of the best you hear in a long time. Here today representing the Mercato, LLP, and the residents at the Mercato seeking rezoning for a (inaudible) project named Mercato. Although the names are different than what was on the application, the underlying entities are the same. The beneficial interest owners are members of the Barron Collier family and Scott Lutgert. They have formed separate entities. One, to develop the commercial retaining ownership to that and leasing. And, one, for the residential. That's the reason for the two entities. Also here today to answer questions or address the CCPC will be Wayne Arnold, the project planner, and he'll be talking in some detail about the elements of the plan we think that n that you should hear about. Jim Carr with Agnoli, Barber & Brundage, they're the Page 111 16 Ie 16-- October 6, 2005 engineers on the project. Angelo Carrussi (phonetic) of Cooper Carry (phonetic) which are architects from Atlanta and very experienced in these mixed-use projects. Reed Jarvey; Vaness Haylor, he's our traffic consultant. And Stewart Miller of WilsonMiller who was our environmental consultant on the project. The project's located in Activity Center 5 ofthe northeast corner of Vanderbilt Beach Road and US 41. It is approximately 53 acres in size and is -- surrounds on the north and east of the Fifth Third Bank building, the Walgreen's there and approximately a two-acre parcel which I think is in for an STP for an office building. In turn, this project, as you can see from the underlying area along this site plan that's on the visualizer, is in turn boarded by Pelican Marsh on the north and east. Pelican Marsh PUD DR! and on the west by US 41 and on the south by Vanderbilt Beach Road. Activity Center 5 is a mixed-use activity center. And if you read the comp plan it says that these mixed-use activity centers are intended to be mixed use in character. Very few of them are, but it's -- that's what the intent was. The project also qualifies as a master plan mixed-use activity center in that the applicants own more than 51 percent ofthe quadrant in which they're located. That simply means they have some flexibility in where things are located, whether they're within the activity center or without as long as they control 51 percent or more of the activity center quadrant. It's also located within the Northwest Traffic Congestion Management Area, TCMA. And the project has been deemed consistent with Policy 5.7 of the transportation element. And staff has deemed it consistent with the future land use element of the growth management plan. By virtue of its location within the TCMA, proportionate share payments should be made in addition to impact fees. And I'd like to address what the proportionate share payments are going to be targeted for later on in the presentation. I don't want to get away from the project yet, but at the end I'd like to go back and address that. Before I turn it over to Wayne, I'd like to address a few items. Number one, as you can see from the aerial this is strictly an infill project. It's surrounded on all sides by development and two six-lane roads. Number two, it really as far as I know gives us the last chance to have a true mixed-use project in one of our activity centers in the urban area. Three, the theme is a traditional -- what I'll call a traditional urban main street concept with pedestrian orientation and residential units located above the retail in some of the buildings on the main street. We also have as you can sell (sic) from the visualizer a separate residential tract which Wayne will talk about. We have a connection with both Vanderbilt Beach Road and US 41 that will provide interconnectivity between those two roads. An alternative to that intersection, albeit at slow speed. This is not going to be a high-speed bypass like we have at Airport Road and Pine Ridge on the northwest quadrant. Our traffic consultant tells Page 112 'CO , "...." 16 I C 16 .c.;; October 6, 2005 .,. '. us that we will meet warrants when this is built out for traffic signals at both those locations. The location on US 41, our main entrance lines up with 91 st Street. And that is the street that FDOT in their six laning plans has designated as a full-access intersection. And while I'm talking about interconnectivity let me say a few things for the record. We have shown a potential interconnection in the northwest portion of the project which is adjacent to Egrets Walk in Pelican Marsh. That's a pedestrian n potential pedestrian crossing -- connection, excuse me. And a -- you can see here we have shown a potential -- potential pedestrian and/or vehicular access into Pelican Marsh. I want to state for the record that these are potential interconnections. Whether these are ever built or ever connected is strictly up to the Pelican Marsh community as far as we're concerned. We have put them on the plan. If they want to interconnect, we are willing to pay for the interconnection and remain there. But it's strictly up to the Pelican Marsh community. I know they've had some discussion and I think some are in favor and some are opposed. And it's my hope that once they see their project built, that they'll decide they do want to interconnect. But I wanted to put that on the record because I know that Tony Pires was here from the CDD. And I think that was one of the stipulations they wanted on the record. We have met with most everyone in the vicinity of this project on several occasions particularly Egrets Walk which is the condominium project immediately to our north and Grand Isle which is the project on the lake immediately to our east. I'm pleased that we have letters of support from both those entities which I have provided to the Planning Commission. I intend to put a copy of each of those in the record. We met with the Pelican Marsh CDD. We met with the Pelican Marsh Master Property Owners Association. We have met with the owner of -- of the two-acre -- approximately two-acre parcel to our south in the activity center. And we have met with the owners of the Fifth Third Bank. We also met with the Pine Ridge Property Owners Association. We have really tried to reach out to these people and I think it's paid off in that we have letters of support from our two nearest neighbors. And we've tried to mirror their projects or provide significant buffers between us and them. And you can see we have letters of support from those entities. I'd also like to discuss for just a minute conversations that we've had with the CDD manager and attorney regarding water management. The Pelican Marsh property and the Mercato property were owned by Barron Collier, Barron Collier sold the property to back then it was Westinghouse for Pelican Marsh. One of the provisos of the contract was that the resulting project would accommodate the runoff, if you would, from what is now the Mercato property. Their permit states that. We have a Water Management District permit that allows us to discharge into their lakes. In meetings with the neighbors early on there was some concerns about Page 113 16 1 C-1iJktQber 6, 2005 the adequacy of the system to accommodate our drainage in addition to theirs. I think perfectly valid concerns. We've had our engineers look at it. The CDD engineers have looked at it. The Water Management District has looked at it again. Everybody seems comfortable that it will work. The CDD has made one request of us and that is that we enter into an agreement with them, a formal agreement that they would operate and maintain our system along with theirs once we have designed and built it. So there'd be one entity responsible for the operation and maintenance ofthe two systems and that would be a CDD quasi-governmental entity. We think that's a great idea. We have traded graphs back and forth. We plan to have an agreement finalized prior to the BCC meeting. In the event we don't have it by then, we will agree to an appropriate stipulation in that regard. But I trust we will have that done by that time. One last issue I'd like to address is we heard the discussion on affordable housing that has occurred here today. We had met with Mr. Strain before this. We've talked to other members of the community. As you remember, we were very proactive in Ave Maria in addressing affordable housing. We know that the -- particularly the retail component ofthis will have an impact on affordable housing along with the residential to a certain extent. We'd like to say that to fully mitigate our impacts on affordable housing, we would go along with what WCI had previously agreed to and that is $0.50 per square foot on the retail payable at time of CO, $1,000 a unit in residential payable at time of closing. And our reasons are the same as theirs. We've got two multi-story buildings in the mixed-use component. They're going to have up to four floors of residential above retail. Those buildings will be CO'd at one time. So it would be a lot better if we could do that at the time of closing. I think Mr. Schmitt's agreed that that's appropriate and we'll work with staffto come up with some easily monitored program for making sure those are paid. Unless you have questions on me, I'd like to turn it over to Wayne. Let him go through the project and then either he or I or anybody else in our team would be n be ready to answer questions you might have, CHAIRMAN STRAIN: I have a question, George, but I'll wait until everybody finishes so that they may have answered some. And I want to thank you and your applicant for the generosity in regards to the affordable housing. That's a lot of help and it will certainly set a good tone for the county. MR. VARNADOE: As you know from our discussions with you, we think this will fully mitigate our impacts and we appreciate you bringing it to us so that we could have a chance to be proactive as opposed to reactive on this issue. CHAIRMAN STRAIN: Thank you. MR. ARNOLD: Thank you. I'm Wayne Arnold. I'm with Q. Grady Minor & Associates, professional land planner. I'm going to replace George's exhibit here. Page 114 16' G 16 October 6 2005 , That is our actual PUD conceptual master plan for the project. And as you can see it's a little more specific than many plans you see for projects of this scale. But I thought it was important to note that a site development plan has been submitted by the Lutgert Companies for this project, that it is really the basis for the rendering that George had on the visualizer previously. And I will go back to that exhibit as well, but I just wanted to talk from the conceptual master plan shortly. As George said, this is a fully integrated mixed-use project. It's unique to us in the sense that we have a "main street themed" project, a very urban model. We have two mixed-use buildings on main street that will house residential units above retail. We also have a standalone residential component that's accessed through main street and that is a standalone. And that really goes to discussions that we had early, early on with our neighbors of Pelican Marsh trying to address issues of compatibility and wanting to be the good neighbor. So you will find as we go through the presentation that we've made development standards and commitments on that standalone residential component that will assure the compatibility that they have requested and that they have now supported by the letters that George had handed out to you. Again, we think this is unique in many regards. And as you-all are aware and you've heard it before, our Land Development Code is really a suburban model. Most of the development we see is -- is geared toward strip shopping centers and __ and the like. It's something that you would -- not a uniquely designed project. In looking at the Land Development Code, I know that Mr. Strain had noted in our conversation that we didn't really have a long list of deviations, yet it certainly appears that we are deviating from the typical code in many respects. And, yes, we are. And that's why the Exhibit D to the PUD document is a document called our design guidelines. And -- and rather than for me to cast it in really a negative position of saying these are deviations from the code, we looked at it from a more positive approach that these are the design standards that we are intending to build to. Because the nuances of our project really don't fit the model of the Land Development Code or even the listing of deviations. I know that Mr. Strain also pointed out that there are a few items in our PUD document that -- that really are deviations that weren't placed in the design guidelines booklet. I re-reviewed the PUD document. I agreed with him and I'll go over those near the end of my presentation just to make sure I didn't miss something and maybe talk about where we could relocate those to make it more clear what our intent is. So, again, I think the key to our project and really distinguishing it from another is, one, it's -- the design that you see of the main street, but, two, is the design guidelines document. Because the PUD document itself, it has all the basics of all the other PUDs that you see and has a designated area for mixed-use area which is primarily Page 115 161 C 16 ,~ October 6, 2005 the commercial and the integrated residential. And then we have a stand-alone area for residential. And then in our PUD document we have development standards and a schedule of uses for each of those. But the design guidelines document is where sort of the rubber hits the road here. And it primarily deals with exceptions to the typical code with respect to landscaping, signage and in some respects just some of the -- the architectural standards of the code, And in -- before I get into the design guidelines, I did want to walk the Planning Commission through the plan if! could just to make sure that there's an understanding of what our key components are. And I thought I would do that using the more rendered drawing, I can do it either with the aerial in the background if it helps for orientation purposes or I have a stand-alone-slightly-larger exhibit that I can talk from, but I'll start with the aerial. With that on the visualizer, would it be inconvenient for me to use the large board exhibit here and just talk from that rather than try to click and point? CHAIRMAN STRAIN: That's fine, Wayne. MR. ARNOLD: Thank you. Just for project orientation as George already mentioned, we're at the intersection largely of Vanderbilt Beach Road and US 41. Grand Isle component and the Pelican Marsh community, Egrets Walk, Pelican Marsh, the Fifth Third Bank building is in its own shadow here. We also have the Walgreen's building and then the former Villa Pescatore site that has been recently demolished and a site development plan has been filed with Collier County for a project called Canopy Place. It's an approximately 60,000 square foot, 75-foot-tall office building. To the west of us is also property in the activity center, but that's really a shopping center. And then, of course, the access point connection is at 91 st. I know that Mr. Schiffer mentioned the e-mail that he had seen from Mrs. Bateman and Mr. Bellows, forwarded to me that e-mail yesterday afternoon late, so I did see that, and -- and we're certainly prepared to respond to that if you have questions. If I could I'd just sort oftake you through the project maybe coming in from Vanderbilt Beach Road. And what we have at our southernmost area is really a stand-alone office component. We have one and a second office building that anchors the first building of main street. We do have a parking deck that lies behind the tier of the main street buildings. Behind it is our preservation area, of course, the lake and then Vanderbilt Beach Road. I'll get into a little more specifics about the design of that parking deck as I go into the design guidelines. But as you progress north you come to a roundabout. And that really is the first major component of what is our main street. Page 116 161G16 0ctober 6, 2005 That also is our primary access point into our stand-alone residential community. That also then serves the potential interconnect over to Pelican Marsh that Mr, Varnadoe had already mentioned. As you progress on to the northwest we have retail buildings and we've also labeled on this rendered drawing mixed-use buildings. These two buildings are designed to be our integrated mixed-use buildings. We're planning for four living levels above retail. And I'll get into some building height information shortly. Across from those we have other retail areas, but you can also note that these are broken up into gridded blocks much like a typical main street would be. So the pedestrian experience which this is designed to be has crossings and blocks and we have on-street parking. The other thing that we've done, we've pushed the landscaping out away from the building perimeter like you would normally find at a shopping center. We pushed it out to the -- to the edge between the parking area and the pedestrian way. So we have this distinct area that's our street scape, And if you -- you -- if you read some of that discussion in the design guidelines, you found some references to our street scape area. The other feature that we have is a large plaza green. We don't have specific designs for that at this point in time, but we are looking at that as a -- sort of an open space on main street. It would be more of an active and passive recreational area where it would be a gathering spot for folks. And it would be an opportunity to just, you know, sit and relax and watch -- watch the traffic, watch all the other people. And as you keep moving north you also move on past other retail and office buildings. We do have an interconnection which I'll talk about a little bit more lately if we need to, but it's -- this really serves the existing frontage road that interconnects with the rest of the activity center. We are -- we are moving the access point that presently is there northward about 170 feet. That allows for proper throw distance and a better access point to there. It also serves and comes into main street. It also has an opportunity to come into our parking deck. As we move on forward this really is probably the only building that I would classify as a big box type store. It's designed for whole foods, an organic food store. They have signed the intent to come forward. That's somewhere between a 40 and 50,000 square foot footprint that faces US 41. And it's really the only orientation we have on 41 as a front door. What we have said, and it's in the design guidelines more emphatically, but the intent really was that the buildings that faced US 41, Vanderbilt Beach Road were not deviating or excepting ourselves from the architectural standards for those facades. We fully intend to meet or exceed those. What we have asked for are deviations from some of the rear ins and outs on these buildings that are required in your architectural standards and some of that landscaping component. And Page 117 161 G 16......, October 6, 2005 I can walk through any of those exhibits that are part of the design guidelines, but there are several exhibits that have evolved out of the numerous staff discussions we've had to n to be more specific on how we are treating these key components. One of the things I wanted to point out, we have an interface between our mixed-use area and our own residential component that is roughly here. We're proposing that to have an integrated up to 10-foot-high wall with landscaping. We have some details ofthat. We have a stand-alone parking deck that serves the residential users with some ground-level parking for retail users. You can see that we're also looking at the opportunity to have an amenity level on top of that parking deck. One of the staff questions that came about was, Well, we know that those are your own residences that you're close to, but can you please tell us how you're going to shield this parking garage from these residential users? So you'll find another series of exhibits and references throughout the design guideline materials that talk about adding some different levels oflandscaping along through here and within our parking field to help shield that building from view as well as having our own landscape wall. I'd like to talk a little bit too about our -- our neighbors at Pelican Marsh. We have oriented a residential component immediately adjacent to our neighbors, primarily at Egrets Walk, although we have some residents at Sweetbay that we have also spoke with -- spoken with this morning. They were here earlier and were satisfied with our response. Apparently, they left after we had our conversation. But we talked about the idea that we were having an eight-foot-high wall that would have a trailing vine of some sort on the backside of that, but it would be a decorative precast wall. They n and you may hear from Mr. Pires, but they have embarked on their own security system in the Pelican Marsh community and they have security fencing in place. We will also be placing fencing. It will be up to them if they want to continue with theirs, but we certainly are providing our own for -- for our own security as well as security for them. They don't want people somehow moving from our community into their gated community and we fully understand that. We committed in our document to a maximum height of two stories for the residential buildings near the Pelican Marsh community. We also have committed to a 50-foot setback for those buildings. And as I think the letters evidence, that communities were supportive of that. (Static noise over microphone system.) MR. ARNOLD: Should I keep talking through that? MR. SCHMITT: That's somebody -- obviously somebody's phone. CHAIRMAN STRAIN: Not mine. MR. ARNOLD: One of the other things I wanted to talk about briefly, we have -- the project when you look at it, it doesn't look like a lot of other projects. It is very Page 118 16 1 . C 16., October 6, 2005 urban. What we're doing -- the issue came up early, early on and I don't want to dwell on it, but we have talked about drainage with -- with our neighbors and amongst ourselves and you heard Mr. Varnadoe's reference to the CDD possible management of our water management system. But I just wanted to at least spend a couple minutes tal king about that. And this preservation area that we have that's adjacent to the Fifth Third side and the future Canopy Place building, those are wetlands. Weare intending to utilize the wetland system as well as some recreated wetlands and the lake. It's about, I think, eight and a half acres of total green and lake area in this area, for part of our water management system. We have storage vaults under pavement and buildings discharging into the wetland system. It then in turn discharges out into the lake system as designed into the Pelican Marsh community. This area adjacent to the Grand Isle community is an upland preserve. We have accommodated a larger area up here at the request of staff and the Grand Isle residents. We also have a single gopher tortoise burrow that happens to be located in this upland area that we are preserving. If! could I'll try to walk you through some of the design guidelines briefly just to orient you to a couple things and then I'd like to maybe clarify a couple things for the record that needed to be cleaned up. One of the things that I wanted to just briefly talk about with the design guidelines document is the fact that we have a set of designs that talk about signage. And I think we know that main street signage needs to be different than suburban signage. When somebody's driving up US 41, the signage needs to be brought lower and needs to be able to project out. We're trying to allow each tenant to make it feel like this is a main street. This -- this is not designed to look like one large Mediterranean building that just happens to have a lot oftenants. It's designed to -- to try to be a main street. And that means that each tenant can have a unique aspect to their design with an overall standard that -- that will be addressed through our design guidelines. We spent a lot of time with Keith Scamehorn on your staff as well as Mike Sawyer and Nancy Siemion and Ray Bellows and Carolina Valera to address many of these issues. And I think that the design guidelines document and the accompanying exhibits that were developed is sort of the -- I think the one aspect of this project that brought all of us together. We learned a lot, I think, going through the site development plan and the various renderings and the evolutions ofthis plan to get a document that we hope assures you that we're going to build what we have said in our exhibits that we're going to build. The design guidelines document has, as we said, the deviations, if you will, from the code. And, again, Ray may comment on that later, but I think that the buy-in early on from staff on down was the fact that this was a more positive approach. You saw something Page 119 16 j ~ 1 ~ ~ctober 6, 2005 similar to this with Ave Maria, the town core area where they had their own standards. We built from that. I can't say that we utilized their standards, but we have our own that worked for the Mercato. Angelo with Cooper Carry, the project architect, has reviewed those too and believes that the design guidelines will carry forth the intent of the mixed-use main street type project that we have for you. A couple things that I wanted to talk about and I don't want to dwell on things that -- that are not an issue to me, but I know they're important considerations for you and that is that we have building heights established. And, of course, the question is zone height, actual height. You know, that Mr. Strain had that question and we had our project architect looking at that yesterday trying to identify what those numbers were. And if! could for the record just go ahead and indicate that and get that out of the way, I'd like to do that. The PUD established commercial building heights in our mixed-use area of 55 feet. That is the zoned height. And, Angelo, correct me if I'm wrong, but the number I wrote down from our meeting yesterday was that the actual height above grade for those buildings that were 55 feet would be a maximum of 63 feet. That included 65 -- I'm sorry, 65 -- 65 feet. And that would include the appurtenances. And let me run back over here. This is a rendering of sort of a view looking down main street. And you get the idea that there are varied building heights. Some of these buildings have architectural components. Some of them as you can see are living and work levels, but they are varied heights. I don't want there to be an impression that each of these buildings become a tunnel of 65 feet. But you get the idea here that the idea is that we have varied heights throughout as well as different key components. The mixed-use buildings are actually the two tallest buildings that we have. We're trying to accommodate the four living levels over one level of retail. We had indicated those to be four living levels over retail, 63-feet-zoned height. The actual height ofthose, Angelo, I believe is 72 feet is what we said is our height. And I guess there were a couple things that -- excuse me? There were a few things that came up yesterday. And one of the comments that Mr. Strain had made and I mentioned earlier was the deviations that there seemed to be some stray references to deviations that didn't make it in the deviation section of our PUD document which is Section 2.17. We actually have three deviations generally related to transportation. Two of those are in the Transportation Condition section. One is in the Sidewalk section of our PUD document. And if I could just talk about those and get those on the record. If necessary we can certainly move those into different areas of the PUD document, but I didn't know if I needed to justify it, but the sidewalk deviation n CHAIRMAN STRAIN: Wayne, we might be able to cut it short. Page 120 16,C16 "-. t.~ . October 6, 2005 MR. ARNOLD: Okay. CHAIRMAN STRAIN: I just wanted to make sure that the deviations that weren't part of the Schedule D- MR. ARNOLD: Okay. CHAIRMAN STRAIN: -- were noted. And I wanted Ray to actually acknowledge that he's reviewed those and they're okay. Because normally, Ray, you know we're used to seeing them done in a different format and it wasn't the case this time. MR. BELLOWS: Yeah. I've reviewed those with the applicant and with our specialist on staff. This has been an ongoing process with the petitioner actually doing site visits with them and looking at the development standards and massaging them as we go. And sometimes we get a little too close with the project and think certain things are going to be covered -- be covered in the design standards. And as these things are massaged and reiterations, it was studied and approved, but didn't really get reflected and I'm glad you pointed it out so we can get it actually noted in the document. CHAIRMAN STRAIN: Okay. And I think that's what-- Wayne, basically if you just state the -- I think you said three or four. Ray, as long as he doesn't have an objection, then that'll just get it on the record pretty clean. MR. BELLOWS: The petitioner has discussed them with me after discussions with you and we -- I am in agreement. CHAIRMAN STRAIN: Okay. Thank you. MR. ARNOLD: If you would like me to just briefly note what they are so everybody understands? CHAIRMAN STRAIN: I would, yeah. MR. ARNOLD: One I mentioned we asked for a deviation for not providing a sidewalk along US 41 north of our project entrance. There is no sidewalk connecting to Pelican Marsh on that side of the roadway and with a signalized intersection, there is a sidewalk west of US 41. I think staff is -- is concurring that that is okay. The other was regarding access management policy, a deviation to allow for future signal at Vanderbilt Beach Road entrance. The other was providing a one-time payment of money in lieu of doing an annual traffic count. We would pay for the county to install a traffic count station for our project. MR. BELLOWS: Affirmative count. MR. ARNOLD: Affirmative count. CHAIRMAN STRAIN: Right. Okay. Thank you. MR. ARNOLD: Thank you. MR. VARNADOE: I'll wrap up just very briefly. Mr. Chairman, in talking with you yesterday you -- you noticed that we did not have a real conversion factor in the event we build the 80 rooms of hotel. Page 121 16'~ 164 October 6, 2005 The PUD says it will come off of office and square footage. Well, you know, hotels are measured in rooms, not in square -- square feet. We asked Reed to look at what a-- No.1, it should come off retail and not office. I'd like to make that change. But, No.2, we asked Reed to say from a traffic perspective what would be a trade-off. And he said, Somewhere between 11 and 15,000 square feet of retail for an 80-room hotel. What we would propose makes it very simple, if we do a hotel, whatever size, we would delete 25,000 square feet of retail and that would be our proposal to the Planning Commission. And one last thing I'd like to cover and that's the TCMA. Our projected transportation impact fees in this project if we build everything would be approximately $6 million. Our 15 percent proportionate share, which is what we calculated, would be some $900,000. In working with the transportation staff we want to do some things in this immediate area that would help traffic. And in priority there are additional left turn lanes both north and south on Vanderbilt Beach Road. So you're coming on Vanderbilt Beach Road east to west -- from east to west you would have additional two -- you'd have two turn lanes going south. Coming up Vanderbilt Beach Road to the east you'd have two turn lanes going north. The second thing is the implementation of a scoot program centered around that BBR US 41 intersection. And going at least one signal in each direction, both north, east, south, and west, so you have real-time control of those signals so that you maximize the green time. In reading a little bit about it on the Internet last night I find out that up to 15 percent improvement in traffic flow is possible through the scoot. So we are very, very interested in that and we're going to use funds to, as I said, go at least one signal out in each direction and, of course, and the BBR US 41 intersection. The third thing we -- we think is an approximation because we don't know exactly what the turn lanes are going to cost. Scoot, we do. Tum lanes, we don't. We think we'll have approximately $300,000 left over -- I shouldn't say left over n in addition to those two improvements. And we have talked to CAT about buying another bus for their program because they need another bus on their red line which basically goes up and down US 41. If there are any additional monies left over, they would be targeted for CAT to help with their ongoing operation of that system. So I just thought it would be interesting for you to know that we have worked with them so we can make some improvements that would help the traffic flow in that immediate area. And with that, Mr. Chairman, we'll close our presentation and respond to questions. CHAIRMAN STRAIN: Great. Thank you very much. Brad. MR. SCHIFFER: And, Wayne, these are kind offor you. One is the -- in the yard requirements, the development standards, page 3-3. And it's n MR. ARNOLD: Okay. MR. Page 122 161 C16 October 6, 2005 SCHIFFER: The yard, Requirement A-I, which is 25 feet. The neighbors up there don't like tall buildings close to the road. So essentially what is that small building, again, that you have on 41 just north of the preserve? MR. ARNOLD: We don't have a specific tenant for that building. Is the question whether or not that would be a 55-foot-tall building, for instance? MR. SCHIFFER: I mean, it could. I mean, would you have a problem taking the setbacks and putting them more to what we have in C-4 which would be in our case the way you worded would be -- it would be 25 feet plus 1 foot for every 1 foot above 25 feet. That would prevent the buildings getting too close to Vanderbilt and 41. I don't think your design has anything that would be hit by that, but -- MR. VARNADOE: We are a little further along than that when -- when these were done. That building we could limit to 35 feet in height. It's going to be a one-story structure. MR. SCHIFFER: And it'll be 25 feet from the road? MR. VARNADOE: Yes. Well, from the right of way not-- MR. SCHIFFER: Well, from the right of way, yeah. All setbacks. Okay. I still think it could go back a little further. Twenty-five feet is very close, Is there a reason you want to get it that close or -- MR. ARNOLD: I think if I could respond to that. I mean, that's a fairly typical setback for any of our commercial districts than what you would find throughout other activity centers. And keep in mind that I think when you look at Granada Shops, for example, there are some placements of structures closer to US 41 that to me work. We've got a 20-foot-wide landscape buffer here. It is an urban setting. I think we would propose to keep it at the 25 feet with the limitation on 35 feet height for that building. MR. SCHIFFER: Then what is that building going to be, then? I mean, since you know the height, you probably know the building. MR. VARNADOE: We -- right now that is proposed to be a one-story restaurant building. MR. SCHIFFER: All right. I mean, I still think you should move it back. But would you have a problem -- I mean, nothing else in your project would be affected by what I said. And the reason as a concern is -- for example, you guys could walk out the door and sell this project to somebody else or the remodeling ofthis project, whatever rules we come up with today would be the rules we'll be going by. So would you have a problem putting a setback of anything greater than 25 feet of one Page 123 161 C 16,,~ October 6, 2005 to one like we have in -- MR. ARNOLD: So you're saying for a 35-foot-tall building we would have a 35-foot setback? MR. SCHIFFER: You would have a 35-foot setback. MR. VARNADOE: Let me talk to the n MR. SCHIFFER: Okay. And here's what I'm -- you know, 15 years down the road, somebody could come along here and say, Look, we can put a building right along this 41 property line above the parking and put a 63-foot-high building 25 feet from the road. MR. ARNOLD: Are -- are there any -- maybe you've got an answer? Okay. I was going to say we could move on and come back to that. MR. VARNADOE: Mr. Schiffer, we'd agree to do 1 foot for 1 foot so that if it's a 25-foot-tall building, we'll be 25 feet back. If it's 35, we'll be 35 feet back. MR. SCHIFFER: That's the same thing so that's good. MR. VARNADOE: Is that acceptable? SCHIFFER: Yeah, that's fine. MR. VARNADOE: Thank you. ARNOLD: Is that a minimum 25 that we go one to one? One to one. MR. MR. Okay. MR. SCHIFFER: I'm done. CHAIRMAN STRAIN: Good. I've got a few. Ifit's okay with the panel, I'll go -- move forward. George or Wayne or whoever, the AC meeting, are you satisfied with the stipulations from the AC unit? MR. VARNADOE: Absolutely. CHAIRMAN STRAIN: Okay. You're okay with that? MR. VARNADOE: We had unanimous approval by the AC and we're n we're very satisfied with that. CHAIRMAN STRAIN: In the PUD under Section 2.8, common area maintenance, I know that we spoke about this. You've got a CDD that might be maintaining some of your property. So you might want to add that as one of the entities allowed to be for common area maintenance. And, Ray, do I need to list all these or can you just -- someone take all these down or do you want me to list them as all stipulations? MR. BELLOWS: I've been taking notes so I don't know if you want to-- CHAIRMAN STRAIN: I mean, I've got my notes if we need to compare later, but I'd rather not hinder so many things in stipulations just -- Page 124 "',.".'" 16 I C 16,-,~tober 6,2005 MR. BELLOWS: I agree. CHAIRMAN STRAIN: Okay. On Section 2.9, landscaping buffers, I think we talked yesterday, No. C, the fences and walls being subject to the height limitations for the principal residential structures, we can strike that one, that entire paragraph. Is that still -- MR. VARNADOE: Yes. CHAIRMAN STRAIN: Okay. MR. VARNADOE: That's appropriate. CHAIRMAN STRAIN: Under deviations you have a Deviation section titled 2.17. In several places within the Deviation section you reference the Department of Zoning Land Development Review director has the authority. And really it's -- and we've been consistent in other PUDs that it would be the county manager or his designee. Do you have any problem with that? MR. VARNADOE: No, sir. I think that's an appropriate change. CHAIRMAN STRAIN: Okay. We already talked about the zoned actual height. 6.5 water management B and we may have talked about this yesterday. I just forgot the answer so I'm going to bring it up again. An excavation permit may be required for the proposed lakes. I think it is required and I'mjust n does it matter? MR. VARNADOE: When we drafted this, we didn't know whether we were actually going to have lakes or just -- so yes. The answer is shall be required. CHAIRMAN STRAIN: Okay. And then on your master plan there's two little areas that I can't -- actually three. If you have -- can your master plan be put on the overhead? MR. VARNADOE: Yeah. CHAIRMAN STRAIN: If you look over to the lower right-hand side where the entrance road is and you go up a little bit you'll see a blank white double line. That one. And there's one above it. About another inch up the page there's another one above it there. If you go to the lake that's over to the left between the parking deck and the property to the south, there's a similar -- to the end of that lake. Are those RCP? Or I'm assuming they're reinforced concrete pipe in the ground. They're for drainage pipe; right? MR. VARNADOE: That's correct. CHAIRMAN STRAIN: The way you've got it here, you don't -- it doesn't look like it's part of your preserve area, but I can't imagine you would just leave an open, dug-up trench. You're going to replant that with something, aren't you? MR. VARNADOE: We're going to replant it with native vegetation. The reason for that was when we were doing the calculation for the preserve, the environmental staff didn't think it was appropriate for us to use those areas as part of our preserve. And I for one think that's -- there was a wrong, wrong recommendation. Page 125 161C 16 ~ctober 6, 2005 CHAIRMAN STRAIN: You're intending to replant them with native species typical to the preserve environment and they're going to be functioning just like the rest of the preserve does. You won't be able to tell them apart, if I'm not mistaken? MR. VARNADOE: That's correct. CHAIRMAN STRAIN: Well, I mean, as far as I'm concerned, they ought to be counted as part of your preserve area. Not that it makes a difference, because you got what you need, but at least I would like to see that. MR. VARNADOE: Well, I certainly would like to do that and I'll tell you why. We have talked with the folks in the -- in the rest of the activity center, particularly the Canopy Place, and they had asked us to entertain the idea of a boardwalk through that wetland area so that office workers could come over to enjoy the restaurants and other facilities at n without having to go almost out to the street and along the sidewalk there. We had told them that we would participate in that on a 50 percent from them, 50 percent from us as far as cost if we could have enough we could still maintain our -- enough of our preserve so we weren't -- because staff said, If you do that, then that comes out of your preserve also. So I think your recommendation would certainly help us accomplish that purpose, Mr. Strain. CHAIRMAN STRAIN: Okay. Thank you. The last question I have is, you talk about your building architectural standards, and I won't refer you to the place right now, of being effective 250 feet if they're n 200 feet from US 41 or Vanderbilt Beach Road, you comply with the LDC and getting to wrapping that parking garage. I think yesterday you showed me a plan where you intended to partially wrap the parking garage. I just want to make sure that applies. MR. VARNADOE: That is in the design standards as one of the exhibits to that. And, yes, we are committed to that. And he's referring to the one that faces Vanderbilt Beach Road is behind the preserve. It'll be buffered by the preserve but we also agreed to do some additional landscaping up against that parking structure to help break it up and hide it. CHAIRMAN STRAIN: That's all the questions I have. Is there any other questions from the commission? MR. MIDNEY: I have one -- CHAIRMAN STRAIN: Go ahead, MR. MIDNEY: -- for staff. I notice on the -- on the roads that the following improvements were identified as being needed in order to mitigate 2010 projected on-site traffic. You've got triple left-hand lanes and dual right-hand lanes at the 41 and Pine Ridge Road intersection. And at the Immokalee n 41 and Immokalee Road, triple left-turn lanes. When you get to triple lanes and double lanes on the Page 126 161 C 16 ctober62005 , same road in one direction, is that getting a little bit past the safe -- safety? It seems like you've just got too much going on on one road, CHAIRMAN STRAIN: I betcha ifthere was a way to stop it, transportation would love to know how to do that. MR. SCOTT: Don Scott again. MS. CARON: We actually have triples at certain locations like Airport and Radio, Logan and Pine Ridge right now. I'm probably missing one somewhere. Anyway, we do look at the safety issues. And those two locations, though, obviously, there's some right-of-way issues to be able to develop those in the future, but particularly the Immokalee. That is a demand in the future. Hopefully some of that with Livingston east/west might be n might be lessened. Having that left -- you know, essentially having a way to cut across beyond that, but we are putting more triple lefts in. It's seen as -- you know, as definitely more economical than, say, an overpass. But you do usually get -- when you get into triples you get into the type of volumes that you look at flyovers in certain places too. MR. MIDNEY: Is that considered safe? MR. SCOTT: Yeah. Yes. There are situations that aren't, but they're actually working pretty well in the areas that we've got right now. Some of them are a little short to try to get into, but in some of the utilization and some lanes are worse than others. You try to get -- it'd be nice if it was split evenly across the three, but people tend to n to go to one way -- one direction or another depending on where they're trying to get on. Like, Logan and Pine Ridge, people are more in the right lane because they're essentially trying to get to -- onto 175 which is, what, a mile later or whatever. But right now we're not having any particular problems at those locations where we have them. MR. MIDNEY: And I have a question about the sidewalks also, Just because the neighbor is not having a sidewalk on that side of 41, does that excuse this project which is starting from scratch to not have to build a sidewalk? MR. SCOTT: It doesn't make sense to build it north of there, but we don't agree and I've raised this with Ray. We believe they should pay in lieu where we can use that for sidewalks in the same district to essentially serve as the same public. MR. MIDNEY: Because as a pedestrian and as a cyclist, when I think of walking along a road like 41, I definitely would want a sidewalk there. It's too scary otherwise. MR. SCOTT: Well, and some of that, essentially those decisions were made in the past and that's why we look at payment in lieu if we ever get to a point where we would put it in in the future if something changes, then we have the money to do that. MR. MIDNEY: Thank you. Page 127 16\:C16; October 6, 2005 CHAIRMAN STRAIN: Okay. Ray, did you have any staff report? I mean, you basically kept us up-to-date as we've been going along, but it's up to you. MR. BELLOWS: No. Just a very short note I'd like to make that we held the neighborhood information meeting and that the residents -- it was well attended and the residents had a couple concerns. One was the overall drainage system. I think the petitioner went into great detail explaining how that ties into the overall draining system. And that really I think relieved a lot of their concerns. CHAIRMAN STRAIN: Okay. MR. BELLOWS: And I also wanted to point out that this process was very unique in that we had a developer who had a more finished product in mind and was able to come forward with plans and participate in a cooperative effort with staff to bring enough specific information to allow us to adopt design guidelines. So we had site visits through Fifth A venue to look at design criterias of existing structures and try and determine what's appropriate for a theme project like this. And it was quite a unique process. And I'd like to thank the applicant and petitioner for cooperating and meeting with staff when we had questions and concerns in order to get a project that we felt that we could support in front of the Planning Commission today. CHAIRMAN STRAIN: Thank you, Ray. Is there any public speakers? MR. SCHIFFER: Mr. Chairman, one -- CHAIRMAN STRAIN: Well, go ahead. MR. SCHIFFER: Just one more thing for Wayne. Wayne, could you answer the Barbara Bateman letter? Remember you mentioned in your presentation you'd respond to that. MR. VARNADOE: We just got that yesterday. But as I went through in my presentation, that 91 st Street, which is what she's talking about -- MR. SCHIFFER: Right. MR. VARNADOE: -- is the street. You know, when FDOT did the sixth -- FDOT did the six laning, they came up with a master plan as to where the full access intersections were going to be, which ones were going to be closed off, which one would be directional. And that's one that they had determined is going to be the full-access intersection. If you look at that street on the west side, I think one of the reasons they picked that is that on the west side going -- going west from the south side, you've got the backside of Pavilion Shopping Center so you don't have curb cuts coming out like you do on all the rest of the streets in Naples Park. CHAIRMAN STRAIN: Okay, Mr. Schiffer? MR. SCHIFFER: Yeah. Page 128 16' C 16 October 6, 2005 MR. VARNADOE: Thank you. CHAIRMAN STRAIN: Thank you, sir. Ray, do we have any public speakers? MR. BELLOWS: Yeah. We have three registered -- excuse me, three speakers. The first one is AI. Lagara followed by Ray Cadwallender. CHAIRMAN STRAIN: Mr. -- can you say his name again? MR. BELLOWS: Cadwallender. CHAIRMAN STRAIN: Who's here? Any -- nobody's come up to the plate so far. MR. BELLOWS: And the last one is Anthony Pires, CHAIRMAN STRAIN: You have nothing to say? Oh, I'm sorry. Sir? MR. LAGARA: My name is AJ. Lagara. CHAIRMAN STRAIN: They just called your name. I don't think you heard them. MR. LAGARA: Well, I got here kind oflate so I didn't know what was going on. I live on 91st Avenue-- CHAIRMAN STRAIN: Oh, then you weren't sworn in earlier then, were you? MR. LAGARA: No, I wasn't. I'm sorry. CHAIRMAN STRAIN: Will you raise your right hand, please. MR. LAGARA: Can I let the other people talk first and then put me toward the end so I can -- CHAIRMAN STRAIN: Well, you've got to swear in. You're up here right now. MR. LAGARA: Okay. CHAIRMAN STRAIN: Let's just get you sworn in. You mind raising your right hand? (Speakers were duly sworn.) MR. LAGARA: Yes, I do. CHAIRMAN STRAIN: Thank you. MR. LAGARA: As I said, I got here just a little bit late. I was delayed so I didn't see the first -- last half hour. My concern with this is the traffic and the idea of putting a street n a through street opposite 9lst Avenue. I live on 91st Avenue. And my concern is that traffic -- there's going to be a lot of through traffic going through there. A couple of months ago I talked to someone in Mr. Scott's office. And I was under the impression that the road coming out on 41 would have been coming opposite 92nd, not 91st. And that's sort oflike allayed my concerns. Then I just heard that n today that the roadway coming off -- coming into 41 is going to be opposite 91st. Page 129 16 I C 16 ~ctober 6, 2005 So I'm very concerned about traffic, through traffic. If that's the case for -- for 91st, if we -- we have a street there that has a lot of families and a lot of people who are concerned that our street not turn into another 99th Avenue which is opposite Pelican Marsh where a lot of through traffic has come through. And I'm a little bit surprised because, like I said, my impression from Mr. Scott's office, I talked to a fellow Alan El'Urfali over there. And his -- this is a couple of months ago. His -- his inclinations to me were that they were going to get the development to be opposite 92nd, come out opposite 92nd, not 91 st. So I'm a little bit unprepared today for a presentation. And I'm very concerned because we need -- if that -- ifit is going opposite 91st, we need some kind of control that would block traffic or prevent through traffic from going from 91 st, from 41 all the way to Vanderbilt Drive. And that would be a perfect n my street now is being used as a cut through for people who are going to the Vanderbilt Beach access. They get off of 41 instead of going down Vanderbilt Beach Road. They get off at 41 at 91st, cut all the way through to Vanderbilt Drive, make a quick left and then a quick right and they're back. They're right on Vanderbilt Beach Road to public beach access. And I'm very concerned about that through traffic. And if -- like I said, my impression was it was going to be opposite 92nd. If it's going to be opposite -- but ifit's going to opposite 9lst, then I'd like to see some kind of traffic control measure, a diverter or whatever. We were promised this about ten years ago by the transportation department that there would be some kind of a diverter at 91 st and 8th Street so traffic wouldn't go -- make a straight beeline to Vanderbilt Drive and that never -- that never happened. Because they said, Well, the traffic at the time didn't produce that type ofthing or there wasn't enough at the time. This was ten years ago. And so I'd like to have a little consideration by the board about traffic and through traffic going through. Maybe you could answer me, I got here a little late, why it was -- it's opposite 91st instead of my impression was it was going to be opposite 92nd? CHAIRMAN STRAIN: Well, we certainly can ask transportation to comment. Thank you. MR. LAGARA: Thank you. CHAIRMAN STRAIN: Thank you for your tirne, sir. MR. LAGARA: Okay. CHAIRMAN STRAIN: Mr. Scott, could you follow up on that with a question I have on it or Allen? I don't care, whichever one of you guys wants to join in this. MR. SCOTT: I figured since you raised Allen's name that he could respond to that. CHAIRMAN STRAIN: I just said his name. Don, what I've got to ask you is, first of all, Page 130 16' C 16 , October 6, 2005 91st right now looks like it's a right in/right out; is that correct? MR. SCOTT: I believe so, yes. That's a directional. Okay. CHAIRMAN STRAIN: Oh, because our diagram that was just shown -- okay. If it's directional -- MR. SCOTT: Yes. CHAIRMAN STRAIN: Could you make it a right in/right out by putting like a little diamond so that people coming through couldn't go straight down there? MR. SCOTT: I think we can look at that. I hate to answer it right away and say that it's definitely going to be a problem, but I don't see why we can't look at that. I can't speak for what happened -- was said ten years ago from transportation. I wasn't really there at the time. But I've had a lot of -- actually, a lot of conversations with a bunch of different streets up there about traffic coming in there and I'm trying to deal with that right now. I think there's a way that we can do that to try to keep the straight through. And then if anybody's coming, either we can look at it from anybody that wanted to go through would essentially access the way they're doing it right now. CHAIRMAN STRAIN: Could you take a look at it between now and the BCC meeting? MR. SCOTT: Yeah. We'll do that. CHAIRMAN STRAIN: Okay. I don't think that was going to be too hard ofa problem to accomplish so thank you. Any other questions? MR. SCHIFFER: And Reed Jarvey maybe could answer this, is -- could you come up and tell us how many people would you figure would go down 91 st? (Noise from microphone system.) MR. BELLOWS: It was him. (Laughter.) MR. VARNADOE: Don't you guys have a deputy in here somewhere? MR. JARVEY: Sorry. I won't be able to tell you anything then. MR. SCHIFFER: The question is: In your study how much traffic did you have? MR. JARVEY: Actually, we -- we have not done that level study for the zoning standpoint. We'll be doing that when we do the plans which are at the STP level which we're in the process of So we don't have a lot of -- we don't have shown interaction. We're looking more at the global impacts of the project verus the specific of that intersection. Page 131 16 I ~ 16'~ctober 6, 2005 MR. SCHIFFER: All right. Thank you. MR. JARVEY: Reed Jarvey. CHAIRMAN STRAIN: I believe, Ray, Tony Pires is next. The other gentleman I know has n I believe has left, Ray Cadwallender. MR. BELLOWS: Anthony Pires followed by Ray Cadwaller (phonetic) ifhe's here. CHAIRMAN STRAIN: Yeah. I don't see him here. I don't know. MR. PIRES: Tony Pires, for the record, Woodward, Pires & Lombardo representing as district counsel the Pelican Marsh Community Development District. And I want to confirm what Mr. Vamadoe stated during the course of his presentation that there had been discussions between the developer and the district with regards to the district entering into an agreement to maintain the water management facilities on the Mercato site as the water discharges into the Pelican Marsh water management system. It's a mutual beneficial arrangement that we appreciate. It was initiated by the district manager, Mr. Dorrill. We appreciate the developer being amenable to that. And as Mr. Varnadoe indicated, we are working on that. Ifwe don't have that agreement by the time of the Board of County Commissioners meeting, which I believe we will because we've been going back and forth, then that will part of a stipulation in the PUD. And I also agree with the concept as to the potential pedestrian access at the northwest corner and the potential pedestrian and vehicular access will occur if the district requests it and it will be at the expense of the developer. And we want to thank the developer for working with the district on behalf of the district. CHAIRMAN STRAIN: Thank you, Tony. Any further questions? (No response.) CHAIRMAN STRAIN: Hearing none, Ray, no other speakers? No more speakers. We'll close the public hearing. I'll entertain a motion. MR. BELLOWS: CHAIRMAN STRAIN: MR. ADELSTEIN: I move that AR-6422 be forwarded to the Board of County Commissioners with the recommendation of approval subject to staff recommendations and the recommendations of the County Planning Commission. CHAIRMAN STRAIN: Is there a second? MR. VIGLIOTTI: Second. CHAIRMAN STRAIN: Second by Mr. Vigliotti. Discussion. MR. MIDNEY: About the sidewalk issue, what are we going to do about that or what Page 132 16' C 16+~ber6 2005 , are we recommending be done? MR. SCHIFFER: Well, Paul, I live real close to that area. I can't see what a sidewalk on 41 would give us. There's really nothing to go. I mean -- MR. MIDNEY: What about the funds -- CHAIRMAN STRAIN: Mr. Vamadoe n MS. CARON: The funds. CHAIRMAN STRAIN: Mr. Varnadoe may have exclusions. MR. VARNADOE: I was remiss in not responding to the staff. We have no problem with the payment in lieu of a sidewalk on that, Mr. Midney. MR. MIDNEY: Thank you. CHAIRMAN STRAIN: I kind ofthought you were going to say that. MR. VARNADOE: How did you know? MR. ADELSTEIN: He reads minds. CHAIRMAN STRAIN: Okay, Anything else before I -- I'll read off the stipulations n MR. ADELSTEIN: Yes, please. CHAIRMAN STRAIN: -- and comments from the panel. The first one, the EAC stipulations will be accepted; that because of the AC stipulations we find that it's consistent with the CCME Policy 6.1.1 (7); that the applicants' contribution to affordable housing will be the same and similar n same conditions that WCI contribution works for and that's $1,000 per development unit and $0.50 -- that's $1,000 per development unit on closing; $0.50 per square foot on the retail at the time of CO to be paid to the Collier County Affordable Housing Trust Fund and it'll fully mitigate their affordable housing commitment; that the zone type for commercial will be 55 and the actual will be 65; zone type for the mixed use will be 63 and the actual will be 72. And should they do a hotel, it will be -- square footage of the hotel will reduce the -- any size hotel will reduce the retail component by 25,000 square feet. MS. CARON: I thought it was 80 rooms or less. MR, VARNADOE: No, ma'am. The -- Reed Jarvey tells us that if we did an SO-room hotel, we'd have about the same traffic impacts as between eleven and fifteen thousand square feet of retail. So we said, Let's be very safe. Give us almost twice that and agree to 25,000, whether we do 80 rooms or 40 rooms or whatever we do. Make it very simple. CHAIRMAN STRAIN: The -- there's a building at the north end of the preserve along 41. The building setback will be determined on a one-to-one ratio with it's height from the 41 right of way; that the drainage easements that are shown on the plan through Page 133 - . \. 6 ,C 16_'~ October 6, 2005 the preserves will be replanted and recreated. And once they are -- with wetland species that are comparable to the surrounding preserve area. And once they are they can be included as part of the preserve acreage. MR. VARNADOE: Mr. Strain, the two that go on the east side ofthe project are actually through upland preserve. So we can say native species that will be fine. CHAIRMAN STRAIN: And through the native species recreate, replanted with surrounding material and be accepted as part of the preserve areas. The traffic control issue for 91st Street is a n some possible mitigation there will be looked at by traffic with a report to the BCC by the time this gets before them; that there will be a sidewalk payment in lieu of for the sidewalk that was to go along US 41 north. That's all I had written down. MR. SCHIFFER: Yeah. CHAIRMAN STRAIN: Mr. Schiffer. MR. SCHIFFER: One thing I think I'd like with the setback, it's not just for the building. I think what should be is the setback should be one foot for one foot of height, not to be less than 25 feet on 41 and Vanderbilt. While that building is a concern, someone could come in in the future, build over these parking lots and be right up against the road. So, again, this is not just for this project. CHAIRMAN STRAIN: Well, I'm not sure on Vanderbilt, we didn't discuss that during the hearing so I'm not sure how that fits into the picture. MR. SCHIFFER: That's -- when I discussed it, I discussed that section ofthe development that was precisely there. CHAIRMAN STRAIN: Okay. In MR. VARNADOE: That does not work on Vanderbilt. That's an office building that's-- I think that's a four-story office building. The one you brought up on 41, I thought we had agreement on a one-for-one setback from the right of way. CHAIRMAN STRAIN: That's what I read out. MR. SCHIFFER: What I was agreeing -- what I was discussing was a section of the development standards which n let me go find it. So -- so the intent is on Vanderbilt there'll be a four-story building 25 feet back from the road right of way? It's on page 3-3. It would be -- what we're working is 3.5(A)(I). And, Mark, aren't I right to be concerned that whatever we come up with here today would be what people could use if they redeveloped this site? CHAIRMAN STRAIN: Whatever we come up with today is going to stay with the property. MR. SCHIFFER: This is the genetic code for this site so... CHAIRMAN Page 134 16 j C 16 October 6 2005 , STRAIN: I would want to make sure whatever we come up with is consistent, for example, of the new buildings right to the west as well. And that we're not asking this developer to produce something that's worse or more strenuous than what's already there. And I don't know what that is so I don't know if that even applies. MR. BELLOWS: The setback as denoted on the master plan is going to be at least 40 or 50 feet. MR. VARNADOE: I think if you look at the Fifth Third building and the height ofthat and look at what we're doing, I think we're getting a little bit nit-picky, Mr. Schiffer. We have a very nice plan. MR. SCHIFFER: (Inaudible.) MR. VARNADOE: I'msorry? MR. SCHIFFER: The Fifth Third is right on the C4 setback. That is exactly n what it is, this is less than that. This is 25 feet. Fifth Third is 50 feet and one to one for any height over 50. CHAIRMAN STRAIN: Fifth Third is about 100 feet high, too, if I'm not mistaken. MR. SCHIFFER: That would be 100 feet high and that's a 75 foot -- CHAIRMAN STRAIN: If you look at the line between the office building they're proposing and Fifth Third, I mean, the road curves a little bit, but the frontage for a lower building, Brad, I mean, I don't know -- MR. SCHIFFER: Well, then they'd have no trouble meeting what I'm saying because it would be well above that height restriction. CHAIRMAN STRAIN: Well, at this point I guess it's the panels' consideration. I personally on this particular location -- I agree with you on the 41 location. On this one, I don't see the need to get into that so... MR. SCHIFFER: So what you're saying is the guy can build a -- if it's pure office up to a 63-foot-high building, 25 feet off the road right of way? That's what we would be leaving it at. CHAIRMAN STRAIN: Well n MR. SCHIFFER: If it's further back than the Fifth Third building which is 75 feet, then it will not be an issue. CHAIRMAN STRAIN: Wayne or George, I know if you're working on this, we need to get a response. MR. ARNOLD: We are. We're looking at our n our site plan to determine what our physical building setback is from that property line. Page 135 16 1 C 16oct:ber 6, 2005 MR, SCHIFFER: Mark, while they're doing that, could you repeat the hotel-to-office-space conversion, again? CHAIRMAN STRAIN: If they build a hotel, the square footage of the -- the fact that they build a hotel will reduce the commercial component by 25,000 square feet. MR. VIGLIOTTI: Is that retail or office? CHAIRMAN STRAIN: Well, I think commercial component, they can n they can use it however. Because they're going to reduce it so... MR. VIGLIOTTI: I thought it made a difference. Okay. MR, SCHIFFER: Well, commercial can be anything. It could be a restaurant. It could be retail. It could be an office. CHAIRMAN STRAIN: But if it takes 25,000 off the site, that's almost double what it would have done had it not been applied that way so... MR. ARNOLD: If I might get back to the setback question. CHAIRMAN STRAIN: Yes. MR. ARNOLD: We could agree to that office building off Vanderbilt Beach Road could not be less than 40 feet from the property line back to 25? MR. SCHIFFER: So what 3.5(A)(1) will read is 25 feet or one foot for every foot of height not less than 25 feet? MR. ARNOLD: That's for the US 41. I think what n I'd rather distinguish the two streets. Because I think what -- what we have is essentially a four-story office building that -- that we would like to be around 40 feet. It might be a little more, but a safe answer for me today is a 40- foot setback from Vanderbilt Beach Road. CHAIRMAN STRAIN: Okay. So the way it would read is US 41 is on a one-to-one ratio with a height not less -- not less than 25 feet. And Vanderbilt Beach Road -- no, that's 41. Vanderbilt Beach Road would be not n simply not less than 40. MR. ARNOLD: Forty feet. CHAIRMAN STRAIN: Does that work for your project? MR. ARNOLD: Yes. CHAIRMAN STRAIN: Is that okay? MR. SCHIFFER: It's getting closer. CHAIRMAN STRAIN: Okay. Well, that is -- that rounds off the stipulations. Did anybody else have any -okay. All in favor of the motion to recommend approval based on those stipulations -- oh, first of all, does motion-maker accept the stipulations? MR. ADELSTEIN: Yes, I do. Page 136 16JC16 October 6, 2005 CHAIRMAN STRAIN: And does the second? Yes, I do. CHAIRMAN STRAIN: Aye. MR. VIGLIOTTI: Okay. All in favor of the motion? MR. SCHIFFER: MR. MIDNEY: Aye. MR. ADELSTEIN: Aye. MR. ABERNATHY: Aye. VIGLIOTTI: Aye. MS. CARON: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? MR. (No response.) CHAIRMAN STRAIN: Thank you. I think we have -- this is the right project in the right place so... MR. ARNOLD: Thank you. We appreciate that very much. STRAIN: I like it. Nice presentation. We have a couple of items yet. CHAIRMAN MR. ADELSTEIN: CHAIRMAN STRAIN: Oh, I know. We're getting there. The old business, we don't have anything that I know of. It's not on here. New business, Commissioner Schiffer added two items, certification course. MR. SCHIFFER: First one, did anybody ever get anything from that? MR. ADELSTEIN: I would say no. MR. SCHIFFER: We're supposed to become certified -- MR. ADELSTEIN: From that letter, yes. MR. SCHIFFER: I've e-mailed that n was it Joan Boyles? Nothing came back from that. CHAIRMAN STRAIN: Ray? MR. SCHIFFER: Okay. I'm sorry. I've e-mailed Joan Boyles and nothing has come back so... CHAIRMAN STRAIN: They're trying to get acknowledgment of a course they took for a certification and they can't get it. If you could ask someone that was in charge of that to follow up. MR. BELLOWS: I'll be glad to. That was -- if you could tell me the course again. MR. SCHIFFER: Well, we don't have numbers. We don't have anything. MR. BELLOWS: CCPC training. MR. ADELSTEIN: A training class. The two-day training class. Page 13 7 16 I G 16 ~ber 6, 2005 MR. BELLOWS: I remember that one. I just wanted to make sure I got the title right. We'll get you your confirmation receipt and-- MR. SCHIFFER: Just curious. MR. BELLOWS: And if there's a diploma, I'll make sure. CHAIRMAN STRAIN: Brad, there was another -- you had another item? MR. SCHIFFER: What it is is there's -- in studying the laws of Collier County, there is a Disaster Recovery Task Force which is made up of a group of people, one of which is a liaison from the planning counsel, the Planning Commission. And having lived through a hurricane and the disaster of trying to pick it back up, I'd like to throw my hat in for that liaison position. The way the ordinance reads is that the board shall appoint the person and then he has to be ratified by the commission so... CHAIRMAN STRAIN: I have no problem with someone like you volunteering for something like that. Go right ahead. MR. ADELSTEIN: I will second the motion. MR. VIGLIOTTI: I'll second, third it. MR. ADELSTEIN: And, Ray, could you -- MR. BELLOWS: Excuse me, I just want to make a clarification with the county attorney. Does that need to be a vote by the Planning Commission or is it just a voluntary basis by any n MS. STUDENT-STIRLING: I don't have the ordinance in front of me, Ray. MR. ADELSTEIN: Why don't we just vote? CHAIRMAN STRAIN: I was just going to say, why don't we just vote on it MS. STUDENT-STIRLING: Yeah. And then we'll-- CHAIRMAN STRAIN: n and that way it's done in the most precise way it can be. I make a motion that Brad represent us with the committee that he's asking about. MR. VIGLIOTTI: Second. CHAIRMAN STRAIN: Second by Mr. Vigliotti. Everybody in favor. MR. SCHIFFER: Aye. MIDNEY: Aye, ADELSTEIN: Aye, MR. ABERNATHY: Aye. MR. MR. MR. Page 13 8 VIGLIOTTI: Aye. MS. CARON: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? 16 Ie 16 Jctober 6, 2005 (No response.) MR. SCHIFFER: And, Ray, let me just give you the ordinance. It's Section 382920 or small parentheses B. You'll find out how we're elected. MR. BELLOWS: Okay. CHAIRMAN STRAIN: Okay. With that we have reached the public comment. It doesn't look like anybody's interested in commenting today. So with that I guess we adjoum. I don't think we need a motion. MR. VIGLIOTTI: Motion to adjoum. ABERNATHY: Don't need one. CHAIRMAN STRAIN: Thank you. MR. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:45 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING, INC., BY TERRI LEWIS, RPR, AND CAROLYN J. FORD, RPR. Page 139 ~. i .J~l 161G16 SUE FILSON Bee AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A,M" THURSDAY, DECEMBER 1, 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 AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, 1. PLEDGE OF ALLEGIANCE . .~" """"t 2, ROLL CALL BY CLERK 3, ADDENDA TO THE AGENDA 5, APPROVAL OF MINUTES - October 6, 2005 Fiala Halas Henning Coyle Coletta J 4, PLANNING COMMISSION ABSENCES 6, BCC REPORT, RECAPS - November 15, 2005, Regular Meeting 7, CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A, Petition: BD-2005-AR-8280, Martha Valle, represented by Joseph Cunningham of Turrell & Associates, Inc" is requesting a boat dock extension to allow for the construction of a "T" shaped dock to facilitate the mooring of two vessels by requesting a 25-foot extension from the allowed 20-foot, thus allowing the proposed dock to protrude 45 feet into the waterway. The subject property is located at 202 San Mateo Drive, Southport on the Bay Unit I, Lot 30, Section 6, Township 48 South, Range 25 East (Coordinator: Joyce Ernst) B. Petition: CU-2003-AR-4647, Mitchell D. House, represented by Donald J, Murray>' AlCP, of Coastal Engineering Consultants, Inc" is requesting a Conditional Use to allow for the establishment ~~ourist 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, _:onhjoe. Fr~Fufl;' i, 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 Williams) Continued _Iti 1/1 ~In. 1 Copies to: 16\ c 16... C, Petition: CU-2005-AR,7749, Living Word Family Church, represeuted by Laura Spurgeon, of Johnson Eugineering 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.a acres, is located on the south side of lmmokalee Road, approximately I 1/2 miles east of CR 951 in Section 30, Township 48 South, Range 27 East, Collier County, Florida. (Coordinator: Heidi Williams) D, Petition: PUDZ-A-2004-AR-543I, Naples Gateway Land Trnst, 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 15,75010 acres, (Coordinator: Heidi Williams) 9, OLD BUSINESS 10. NEW BUSINESS II, PUBLIC COMMENT ITEM 12, DISCUSSION OF ADDENDA 13, ADJOURN December I, 20051CCPC Agenda/RBfhr I 2 161 C 16 AGENDA Revised .,'".,:; COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A,M" THURSDAY, DECEMBER IS, 2005. IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST. KAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM, INDIVIDUALS SELECTED TO SPEAK ON BElIALF 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 PERMANEI\T PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF TIlE cepc 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, L PLEDGE OF ALLEGIANCE Fiala j / Halas :;: 2, ROLL CALL BY CLERK Henning ~ 3, ADDENDA TO THE AGENDA coyle ,/' ColettE! - 4, PLANNING COMMISSION ABSENCES 5, APPROVAL OF MINUTES - NOVEMBER 3,2005, REUJLAR MEETING 6, BCC REPORT. RECAPS - NOVEMBER 29, 2005, REGULAR MEETING 7, CHAIRMAN'S REPORT 8, ADVERTISED PUBLIC HEARINGS A 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 allO\v for the establishment of an eco- tourist facility in the Rural Agricultural.Area of Critical State COllcern/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.I{. 29. Oll the north side of U.S. 41, in Section 25, Township 52 South, Range 29 East, Collier County, Floflda, (Cuordinator: Heidi Williams) CONTINUED FROM 1211/05 Mise, Corres: Date: 1 Item': Copies 10: 161C16 B, Petition: PUDZ.A.2004-AR.6417, Ronald Benderson et ai, Trustee, represented by Robert L Duane, AICP, of lIole Montes, Inc" and R, Bruce Anderson, of RoetzilI & Andress LPA, requesting to rezone 1- 75/Alligator Alley from PUD to Commercial Planned Unit Development CPUD, The proposed PUD amendmcnt 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 Llses 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 2()5,OOO; 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) CONTINliED FROM 11117/05 9, OLD BUSINESS ~ TIME CERTAIN 10:00 A,M, . LDC Amendments 2005 Cycle 2 10, NEW BUSINESS.. Set hearing date for the EAR based (iMP amendments, possibly during the week of February 20.24 1 L PUBLIC COMM ENllTEM 12, DISCUSSION OF ADDE"IDA ]3, ADJOURN 12-15-05/CCPC Agenda/RBis)) . . 2 16 I &'1 7 AdllllllOlY (Jo....,Uu 2705 Horseshoe Drive South Naples, FL 34104 IIa111f.,"" 8Mc. M.s.7.k '.Gv SUMMARY OF MINUTES & MOTIONS 12-1-05 Fiala Halas Henning Coyle Second by Bua<tlbttQn. J ' ~./ ~ {/ III. Approval of Agenda Charles Anhur moved to approve the Agenda. Carried rmanimously 4cO. IV. Transportation Services Report: A. Budget Report on Insurance clarification, Interest Rate & MSTU investing in fimds. Much discussion was held on what kind of Insurance do they pay for? Is it Liability for the Officers? 'Nhy is the Interest rate so low and why can't the MS11J invest their funds, They understand they cannot invest their funds because it is not theirs to invest. They have been trying to get answers to these questions for some time and will now call Mark Issacson themselves for answers. An MSTT j Chairman's meeting will be beld soon to address errors in the SAP system and answer any other questions concerning the budgets and finances, IX. Sub-Committee Updates: A. Utilities - Charles Anhur Report was distributed (Attached). PIs see minutes for details. Bud Martin moved to pay up to $2,500 to support a mailing from the Homeowners Assn. to the MS11J members; to let the Cormty Commissioners know how they feel about having their Utility lines buried. Second by Charles Anhur. Carried rmanimously 4-0,." Mise, Corras: Date: I /;),4 /o~ ltem#:/~ T. ~((t1) Copies to: 16/Cl-' .L "MIl."", 1JMc. At.s.7.Jt. AIMsory tlolftllClttu 2885 Horseshoe Drive South Naples, FL 34104 January 5, 2006 AGENDA I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: November 3 & December 1. 2005 V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Tessie Sillery 1. Insurance clarification, interest rate & can MSTU invest funds - Charles Arthur VI. LANDSCAPE MAINTENANCE REPORT: CLM A. Irrigation on Gulf Shore Report - Darryl Richard VII. OLD BUSINESS A. Bike Path Update - Lew Schmidt B, Bench Update -Darryl Richard C Mailing Update - Dick Lydon/Carol Wright IX. SUB-COMMITIEE UPDATE'S: A. Utilities - Charles Arthur B. Sidewalks - Trinity Scott C Maintenance - Lew Schmidt D. Tax Analysis - Bud Martin E. Liaison - Dick Lydon VIII. NEW BUSINESS: A. Election of Officers XI. PUBLIC COMMENTS XII. ADJOURNMENT The next meeting is scheduled/or February 2,2006 AT ST. JOHNS PARISH LIFE CENTER 6251UTIf Ave. Naples, FL ._--_._----"-~_._---_.- 161 Cl"7 IIa1Ui.,,'" ~ IK.s.7Jt. Advisory Do".".,It.. 2885 Horseshoe Drive South Naples, FL 34104 December 1, 2005 Minutes I. The meeting was called to order by Chairman Dick Lydon at 2:02 PM. II. ATTENDANCE: Members: Dick Lydon, Carol Wright. Bud Martin. Charles Arthur, Lew Schmidt (Excused) Collier County: Darryl Richard-Project Manager, Christina Apkarian-interim for Tessie SiIlery Others: Robert Kindelan-CLM, Sue Chapin-Manpower III. APPROVAL OF AGENDA Charles Arthur moved to approve the Agenda. Second by Bud Martin. Carried unanimously 4-0. IV. APPROVAL OF MINUTES: November 3, 2005 V. TRANSPORTATION SERVICES REPORT: A. Budget Report - Tessie SiIJery Christina distributed the Budget sheets (attached) with various items discussed, Hurricane Wilma items will be kept in a separate line item, Question of staff was - should they budget each year for Hurricane damage, 1. Insurance clarification, interest rate & can MSTU invest funds: . Need to know if the Insurance is for Liability Insurance, . Need to know why the interest mte is so low and understand it is questionable, . The MSTU cannot invest funds because it is not MSTU money Dick asked Darryl to furnish them with the Coastal Advisory Committee's Budget for the January meeting, . An MSTU Chairman's meeting will be held soon to address finance and budgcting issues with the Finance Dept- . Much discussion followed on obtaining answers to the questions the Committee has been asking for months, Charles Arthur will call Mark Issacson himself in an attempt to attain the answers they are looking for. VI. LANDSCAPE MAINTENANCE REPORT: CLM . Nonna! maintenance being done . Normal irrigation problems . Will fertilize in December . Had irrigation timer problems - seems there has been electrical power fuilures . Lew 's Sub-Committee 's report was addressed (Attached) o The Motorola timer system was discussed and questioned costs, payback and if there is a savings Over a period of time, Darryl will come back to the Committee with costs and answers on whether the system is cost effective, I 16' D11!7 o Robert/CLM wanted the Committee to know replanting is not part of their Contract as Lew's report stated, CLM need's authorization from the Committee and/or County before any replanting is done, o Bud asked if the comer of Bluebill & Gulf Shore Drive plantings is completed, Bud expressed he has had conversations in regards to plantings in those areas, Robert explained there is no irrigation, and for anything to survive would not be a colorful or blossoming plant, The area is dry during season and under water in the rainy season, It would be beneficial if the County filled in the swale. but has not been done, o A lengthy discussion followed on planting along Gulf Shore Drive, installing irrigation, what the MSTU should be planning for the future, burying power lines and making all the residents happy, Dick stated it had been unanimous that they bury power lines, o Their Ordinance was also addressed, o Charlie suggested they get a quote on irrigation and power to the 3 finger streets (Seabreeze, Bayview and Channel), Charlie would rather see them spend their money on burying the power lines rather than putting flowers on 3 finger streets, They are possibly spending too much money on landscaping. VII. OLD BUSINESS A. Bike Path Update - Lew Schmidt No information B. Bench Update -Darryl Richard A TM cannot store the 6 benches - so will work with Contractor on the ordering; and storing if it is necessary, A quote is needed from CLM for installation, IX. SUB-COMMITTEE UPDATE'S: A. Utilities - Charles Arthur Charles' report was distributed (Attached), . Commissioner Halas is in favor of burying the power lines and stated the County should pay for them, . Commissioner Halas suggested letters should be written to the Commissioner in favor of the projeet, . Charles will contact Tom Kuck from the County Engineering Dept to provide further information and whether he could help in locating a contractor other than FP&L to do the work . Easements were discussed with the County signing an agreement with FP&L TItis will need approval from the BCe. Discussion followed on the 2 HOA's being contacted to do a mailing to all residents in the MSTU area to attend a joint meeting they are holding and also discuss the burying of power lines, The MSTU would pay for the mailing, Bud Martin moved to pay up to $2,500 to support a mailing from the Homeowner's Assn. to tbe MSTU members; to let tbe County Commissioners know bow tbey feel about baving tbeir Utility lines buried. Second by Cbarles Arthur. Dick Lydon will work with whoever will do the emailing on drafting the letter. Carol will find out who will be the contact person, Carried unanimously 4-0. Darryl will contact the proper person/s from FP&L for any of the needed documents, 2 16' C;l,7 B. Sidewalks - Carol Wright No information - Trinity Scott will attend the January meeting, C. Maintenance - Lew Schmidt Addressed earlier in meeting, D. Tax Analysis - Bud Martin No information. E. Liaison - Dick Lydon Mayor Bill Barnett is in favor of burying power lines also, VIII. NEW BUSINESS: None XI. PUBLIC COMMENTS - None Being no further business to come before the Committee, it was adjourned by the Chairman at 3:25 PM. The next meeting is schedMledfor January 5,2006 AT ST. JOHNS PARISH LIFE CENTER 625111nI Ave. Naples, FL 3 16IC:fl:t To: Vanderbilt Beautification MSTU Advisory Committee From: Lew Schmidt, Committee member The maintenance Subcommittee met on November 22nd, Darryl Richard, Project Manager, Bruce Burkhard and I attended, All other Subcommittee members were excused, Also in attendance was Sue Burkhard, The committee reviewed the proposed County controlled irrigation timer system that was introduced at our last meeting, Darryl feels that the system will pay for ttself over time through water savings, He is pursuing a price quote for presentation to the Advisory Committee, Joe Bianco reported that the new plantings on the bank at Baker Carroll Point were damaged by the recent hurricane. Darryl has asked Commercial land Maintenance, ClM, to submtt an estimate for the cost to replant this area as appropriate, Darryl will report back the Advisory Committee. The recent approval to replant lost or damaged plants and shrubs along Vanderbilt Drive was reviewed, Sue brought some alternate plants for consideration, Durabiltty. low watering requirements and sight lines were taken into consideration, Based upon the Subcommittee's evaluation of various areas, it was agreed that we are over watering and over mulching, Existing plants that can be salvaged should be treated for fungus. and mulch should be applied around, not over, the plants, Sprinkler head positioning should also be evaluated. Consideration may be given to replacing soil in suspect areas were plants do not seem to grow well. The development of a master plan to promote some continuity and uniforrntty was discussed and may be brought the Advisory Committee at a later date. In the interim, Darryl will meet with a ClM representative to review the replanting that is to be done and will direct ClM to initiate the project at the eartiest possible date, It should be noted that replanting is a part of the ClM contract and should be done on a regular bases, The only replanting that has been done is in the roadway intersection areas. Nothing has been done along the sidewalks and west side planters, It should be noted that the input from Sue Burkhard was very helpful and appreciated. My personal thanks to Darryl for his guidance and special attention to our MSTU. This report is respectfully submitted for your consideration, 16' lrl:7 Vanderbilt Beach MSTU Burial of Utility Lines On November 11, BJ Savard-Boyer and I met with Frank Halas to follow up on the issue of burying utility lines in the Vanderbilt Beach area. I brought Frank up to date on our discussions with FPL and some of the impediments to getting this work done, The first issue to address is whether the County would agree to allow the lines to be buried in the right of way, If this cannot be done we would need to obtain easements from each homeowner in order to get a complete underground system, This easement requirement could prove to be insurmountable and cause us to discontinue this effort I explained to Frank that the County could sign a relocation agreement with FPL whereby they would agree to pay the cost of relocating the lines if required in the future, Frank did not see this as being a problem, and thought the County would be willing to do this. We discussed the general impact of the hurricanes and the increased desirability of having the lines buried, Frank feels the County should really step up and agree to pay the cost associated with burying the lines, He thinks we should consider having our constituents write letters to the County to try and generate some interest in the County taking this project, Frank suggested I contact Tom Kuck (403-2472) in the County engineering department to see ifhe could provide any more information on their experiences in burying utility lines and whether they could help in locating a contractor other than FPL who could do the work I also discussed an idea of possibly getting the utility rate rules changed to allow FPL to include the cost of underground systems in their rate base, This would eliminate the need to collect this money up front from customers, Frank asked that I write him with more specifics on this idea and he will follow up on it Frank suggested we schedule another meeting after I talked with Tom Kuck Charles C. 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N .... g:-l '" N a. "'.... C:> m a. Lti-m N;:U 0 00 00 om 0 00 000000 g< i:> 00 000000 0 80 000000 N;:U om N ~ 0< 0 m ~ !!!;:u '" "'a. co ~ '" Nm '" ~ W N '" m N go '" OO-..,JrnCDo.......mc..n i:> oOCn~oo~wc.n en- e '" OO.f:>.wmomww I. 16/ D1 Collier County Public Safety Coordinating Council (PSCC) Agenda June 9,2005 2:30 P.M. Human Resources Conference Room, Building B . F 3301 E. Tamiami Trail Fiala Halas Henning Introduction Coyle L,../ Coletta t/ A. Opening Remarks by BCC and PSCC Chairman Fred Coyle /' '7',. " , j' .-r~.' ,- l~. I' \ ( --"-----..;.,,- B. Introduction of Members C. Approval of March 29, 2005 PSCC Meeting Minutes D. Acceptance of May 25,2005 Jail Population Subcommittee Meeting Minutes II. Old Business A. Discussion on Potential Restrictions in Florida Statute 951.26 for Sheriff Hunter and Judge Hayes to Designate an Alternate Member to Vote in their Absence (Mike Pettit, Chief Assistant County Attorney) B. Lee County's Implementation of "24/7" Pre-trial Release Program Status Report (Caron Jeffreys, Director of Court Administration and Trial Court Administrator, 20th Judicial Circuit) C. Jail Population Reduction Subcommittee Report (Judge Hugh Hayes) III. New Business: Note: Ten minute break to be taken at 3:45 for transcriber IV. Comments/Suggestions V. Set Next Meeting Date and Location Mise, Corres: Dale: I /;:) y /0 b I I ltem#: / (pI d D 6.) Copies to: VI. Adjourn 161 D 1 Collier County Public Safety Coordinating Council (PSCC) Agenda Summary of Meeting June 9, 2005 2:30 P.M. Human Resources Conference Room, Building B 330 I E. Tamiami Trail (Note; page numbers listed in parenthesis reference the page in the verbatim minutes where the topic is discussed) 1. Introduction Meeting called to order at 2:35 pm by Chainnan Coyle A. Opening Remarks by BCC and PSCC Chairman Fred Coyle B. Introduction of Members Present: R primary voting members, I voting designee, 3 non-acting designees, 9 others, totaling 21 in attendance C. Approval of March 29, 2005 PSCC Meeting Minutes. Unanimously approved as amended, D. Acceptance of May 25, 2005 Jail Population Subcommittee Meeting Minutes. Unanimously accepted. II. Old Business A. Discussion on Potential Restrictions in Florida Statute 951.26 for Sheriff Hunter and Judge Hayes to Designate an Alternate Member to Vote in their Absence (Mike Pettit, Chief Assistant County Attorney) Mike Pettit opined that Judge Hayes' designation of Judge Brousseau to vote on behalf of Judge Hayes in his absence complies with the statute. Mike is deferring to Sheriff Hunter's Attorney's written opinion, which is forthcoming. The SheritI's Attorney believes he can designate another voting member. Mike believes the statute can be read a different way and there is no case law on such (page 5), B. Lee County's Implementation of "2417" Pre-trial Release Program Status Report (Caron Jeffreys, Director of Court Administration and Trial Court Administrator, 20th Judicial Circuit) Caron Jeffreys provided a power point presentation, which is attached to the email containing this summary. During the presentation a correction was noted as being needed to slide number II, first bullet, noting that Page 1 of3 C II' C SI 'f'l~ Of'f-' . . 16f,1 Pl0R Ilb'[' o lcr "ounty lerJ' s . Ice mtervlews mmates or e 19l I Ity before the first appearance (before 24 hours) rather than after the first appearance (page 13), ,. Caron will email the cost of the Lee County PTR program and the projected cost lor the Charlotte County program to Winona who will forward to the PSCC (page 25-27). y Mark Middlebrook will provide the projected staffing costs per type of personnelnceded (page 51 ). y Greg Smith will identify costs associated with the Sheriffs current PTR program that targets only low risk component of the jail population, The program includes one officer and saves about $IAM annually (page 52), y A work group consisting of Caron, Juan Ramos, and Chiefs Smith and Salley will continue their study on a proposed PTR program for Collier County and report back at the September meeting. The presentation will include the projected costs and cost saving/avoidance (including the Sheriffs staHing requirements) that could be realized with implementation of a PTR program. It needs to be determined what the middle risk population represents and how much of that can be translated into cost avoidance (numerous pages), C, Jail Population Reduction Subcommittee Report (Judge Hugh Hayes) Judge Hayes discussed the three different scenarios considered by the subcommittee: I, That the Sheriffs current PTR program try to release more defendants, 2, That Court Administration work with the Sheriffs Office to develop a hybrid I'TR program, 3, That the PTR program be given over to Court Administration in order to have a circuit wide model. He discussed the pros and cons of each scenario, The subcommittee recommends the Council proceed with research on scenario 3 (page 29- 37). III. New Business: Jim Mudd noted that the Public Defender and State Attorney have added 2 and 3 additional positions respectively to their FY 06 budget request to work on a system to reduce the jail population, Due to Article 5, Revision 7, some of the current court programs are becoming self-sufficient thereby freeing up some funding that can go towards the additional staffing. y Judge Hayes noted that he would ask Judge Brousseau to speak at the September meeting on Mayor I'utzell's dorm concept (page 56-58), Page 2 of3 16' D 1 . ., Commissioner Coyle requested that the members think of olWer projects they would like to pursue in addition to PTR and be prepared to discuss them at the September meeting. Think of ways to provide better service, additional services that will benefit our community, or to do things more efficiently (page 56), y Chief Scott Salley requested that staff from I mmokalee provide a presentation to the Council about the reentry program, It was decided this would be added to the December meeting agenda and would be limited to 20 minutes (page 59-(0). [Subsequent note: Due to cancellation of the September meeting, this item will be continued to the March 2006 meeting] IV. Comments/Suggestions V. Set Next Meeting Date and Location Next 2 meeting dates are Wednesday. September 29 and Wednesday, December 15, both beginning at 2:00 pm in the Human Resources Conference Room. VI. Adjourn The meeting adjourned at 3:50 pm. Page 3 of 3 161D1 Collier County Public Safety Coordinating Council Meeting June 9, 2005 Official Verbatim Transcript (Minutes) Needing Correction/Amendment (Note: deletions indicated by strikelhroagh and additions indicated by underline, identified as of9.20.05,) Title/Header... Public Safety Coordinating Council Page 4, line 18.., Mayor M!!!y - Mayer Marv Bauer Page 4, line 23-24... like sign (duplicated words) Page 5, line 12... substitute statute Page 28, line 2.. . You're going to blame us for that Page 56, line 24... old Mayor Pllfeell's Putzell's Page 57, line 7... former mayor, Mayor Pareell Putzell eM Drive: Winona's Folder! Public Safety Coordinating Council! Meeting Minutes Corrections Needed! 6.9.05 ( ( 10 11 12 13 14 15 " 17 18 19 20 21 " ( 23 24 25 Public Safety Council June 9, 2005 16 , D'~.l~. 1 PUBLIC SAFETY COORDINATING COUNCIL MEETmQ 2 3 4 The following proceedings were held on June 9, 2005, 5 conrnencing at 2:35 p.m. at the Hu1nan Resources Training- 6 ROom, 3301 Tamiami Trail East, Naples, Florida, and 7 reported by Karen White, RPR, Notary Public, State of 8 Florida at Large. 1 0 PRESENT: Mary Bauer skip Carrp 11 Fred Coyle Bonnie Fredeen 12 Hon. Hugh D. Hayes Robert R. Jacobs, II 13 Caron Jeffreys Christine Holmes 14 Hon. Ramiro Manalich Mark Middlebrook 15 James Mudd Mike Odando 16 Norman O'Rourke Farah Peters 17 Mike Pettit Juan Ram:Js 18 Chuck Rice Stephen Russell 19 Scott Salley Greg Smith 20 Winona Stone 21 " 23 24 25 1 MR. COYLE: Okay. The meeting of the Public 2 Safety Coordinating Council will now come to order. I would like to welcome all of you here. It seems like 3 4 5 6 only yesterday that we first met. Time has really been flying. Good to see you. I would like to make a couple of administrative announcements. I hope everyone has signed in so we can keep track of who is here. If you haven't, please -- please do so before you leave. And if any of you want anything to drink I understand there's some water in the ice chest there. And for -- for the benefit of the 7 8 9 court reporter if you could when you speak please say your name, and that way she can keep track of who is speaking . I would like to make one change to the listing of representatives here. Mary Bauer is the state probation circuit administrator, and Farah Peters who is here today is her designee, so -- before we had that listed incorrectly, so I just wanted to correct the record there. Are there any new members who were not here last time? Does everyone here know who they are. MS. FREDEEN: I'm actually representing Dave Schi1rme1 from -- I'm Bonnie Fredeen from David Lawrence Center. 2 3 1 2 3 4 MR. COYLE: Okay. And your name? MS. FREDEEN: But I wasn't on here. Bonnie-- MR. COYLE: Bonnie. Okay. MS . FREDEEN : -- Fredeen. 5 MR. COYLE: Bonnie Fredeen. Okay. Bonnie, thank you very much. Anyothers? That's it. 7 How about the approval of the March 29th, 2005, PSCC meeting minutes? Does anyone have any changes to the minutes? Is there a motion for approval? 10 MR. JACOBS: Move to approve. 11 MR. COYLE: Move to approve. MS. STONE: We just have a couple of changes. 12 13 MR. COYLE: I'm sorry? MS. STONE: We just have a couple of changes. 14 15 Okay. You better tell me what theyare. MS. STONE: They were mailed out to everybody. MR. COYLE: Okay. Did everybody see the changes 16 17 18 to the minutes? And so the motion to approve would include the incorporation of those changes to the 19 20 minutes? 21 MR. JACOBS: Correct. 22 MR. COYLE, Okay. So we have a motion to 23 24 approve. IS there a second? JUDGE MANALICH: Second. MR. COYLE: Okay. We have a second. Thank. you 25 4 1 2 very much, Judge Manalich. All in favor please signify by saying- 'aye." (All "aye" responses.) MR. COYLE: Any opposed by like sign? (No response.) MR. COYLE: It passes unanimously. Thank you. 3 , 6 7 8 9 And there is the acceptance of the May 25th, 2005, jail population subcommittee meeting minutes. Are there any proposed changes to those minutes? If not, is there a motion to approve or accept the minutes? 10 11 12 13 MR. MUDD: (Indicating.) MR. COYLE, Motion by Mr. Mudd. 14 MR. MUDD, I'm sorry. I can't. I'm not a voting member. I'm just here -- I'm just here for help. MS. BAUER, So moved. 15 16 17 MR. COYLE: Okay. Motion -- mtion to -- to 18 19 approve by Mayor -- Mayor Bauer. Is there a second? JUDGE MANALICH: I will second again. 20 21 22 MR. COYLE, Okay. Judge, thank you very mch. A second. All in favor please signify by saying "aye.' (All "aye" responses.) MR. COYLE, Any opposed by like sign -- like 23 24 sign. 25 (No response.) Gregory Court Reporting Service, Inc. ( ( ( Public Safety Council June 9, 2005 16 J D 1 1 MR. COYLE: The acceptance of the minutes is 2 approved. 3 4 5 6 Old business. There's going to be a discussion by Mike Pettit concerning potential restrictions in the statute for Sheriff Judge -- Sheriff Hunter and Judge Hayes to designate an alternate member to vote in their 7 absence. Mike. 8 9 10 MR. PE'I"I'IT: Thank you. Mike Pettit for the record. Judge Hayes has designated Judge Brousseau as his 11 alternate, and that, I think, complies with the 12 13 14 15 substitute, so that's a -- that's a done issue. With respect to Sheriff HWlter -- I don't think he's here -- what I have written -- and he and -- Sheriff's Hunter Attorney (sic) and I are discussing this. I'm going to defer to his written opinion, which is forthcoming. 16 17 He believes that the sheriff can designate 18 another voting member. I believe the statute can be 19 read a different way. There's no law, and I'm kind of waiting to see his written opinion, which he's going to provide me. 20 n " I don't think it's a problem today, though, 23 because clearly Sheriff Hunter has representatives here 24 who can report back, and, also, you have a quorum, so I 25 don't think there's a issue about being able to vote 1 and take action. 2 3 MR. COYLE: Okay. So no further action is necessary on that item, huh? MR. PETTIT: At this point in time, correct. 4 5 MR. COYLE: Okay. Thank you very much. The next order of business is the Lee County's irrplementation of the 24/7 pretrial release program status report. Caron Jeffreys is going to give a presentation that will last about -- a maximum of 20 minutes, if I remember 7 8 9 10 correctly. 11 MS. JEFFREYS: Yes. Yes. 12 MR. COYLE: And then we'll have questions. 13 MS. JEFFREYS: We have a copy of the handout, If 14 15 you can just circulate those. Good afternoon. And, for the record, I'm Caron 16 Jeffreys. I'm the court administrator for the 20th Judicial Circuit. It's good to see many of you. 17 18 19 At the last meeting, we -- a subcommittee was formed to take a look at pretrial services and the opportunities that we have with respect to pretrial services. And, of course, I'd like to begin by just saying that pretrial services means something a little different to us from the court's perspective, and it is a much broader arena than just the pretrial release 20 21 22 23 24 25 component, so what I'd like to do, if I may beq your 5 6 7 1 indulgence, is to take you through the basic concept of the judicial system and how we're viewing pretrial 2 3 4 5 6 services. First of all, the mission of the judicial branch is to protect rights and liberties, uphold and interpret the law, and provide for the peaceful 7 resolution of disputes. So with that as our primary mission we have the vision to ensure that justice in 8 9 10 Florida will be accessible, fair, effective, responsive, and accountable. So we're -- we're using this as our charge. And, again, I'm laying the groundwork to take you into how all this relates to pretrial services. So what exactly is pretrial services? In our view it.s the front end of a case-management system, and it's the ability to monitor cases at each stage as 11 12 13 14 15 16 17 they move through the justice system, and that's 18 everything from arrest to closure. Why case management? well, we all recognize that justice delayed is justice denied and that there are 19 20 n many time standards that have actually been built into " the statutes and into the rules of court that ensure 23 that the cases are, in fact, moving through the case 24 sys -- through the judicial system effectively. 25 In particular, I'm sure most of you are very 8 1 2 3 painfully aware of Article 5, Revision 7 and the changes that it had in ensuring that there was a shift in funding for many of the court functions from the counties to the states, and that went into effect last , 5 July 1. 6 The net result of that is -- one of the major 7 objectives of Revision 7 was to provide a base level of 8 9 services, judicial services, to -- to all citizens throughout the state of Florida regardless of whether you came from an affluent county or whether you came fram the counties who had very little to no resources. The other thing that -- that revision said -- did -- Revision 7 did for us as a court system is it truly established case management as a core function of the 10 11 12 13 14 15 courts, so it gave us a guide. It.s one of the prlinary businesses that we are in. And, also -- where that 16 17 brings us today and how this relates to you is case management is a vehicle by which we can help you address the continually rising jail costs. From the standpoint of the 20th Judicial Circuit, are you-all f~liar that we are the five counties of 18 19 20 21 22 23 Collier, Lee, Hendry, Glades, and Charlotte and that what we're trying to do is -- well, let me -- I've lost 24 2S ll!Y train of thought here. The chief judge of each circuit is by rules of court, the administrative rules Gregory Court Reporting Service, Inc. ( ( (. 161 D 1 . Public Safety Council June 9, 2005 1 of court, responsible -- , 3 (Judge Hayes entered the room.) MS . JEFFREYS: Good timing, Judge. 4 JUDGE HAYES: No excuse. 5 6 MS. JEFFREYS: But the chief judge of each 7 circuit is responsible for case management and, also, in particular jail management as set out by the Florida rules of judicial administration. And Judge Hayes has made a cOImdtment to the Board of COW1ty Commissioners in Collier, also to this committee as the -- one of the a 9 10 11 12 major representatives on the Public Safety Coordinating council to ensure that we're going to do everything we 12 can from the judicial perspective to help you work through the jail population issues that you have, and 14 15 he is also committed to the concept of case management 16 as a vehicle by which we can do that. So we -- we've been doing a lot of thinking and 17 18 talking over the last year since July 1 about how to go 19 20 21 about it. It seems like a mammoth task, and there are 22 so :many maj -- minor and major tentacles to all of this octopus that we're trying to figure out how best to approach it. We went back to basics and said let's approach case management using the two divisions of the court, the civil and the =iminal. And much of the work in 23 24 2S 1 the foundation is already there. We're just going to turn -- turn it into a circuit case-management system. , 3 Well, obviously what's applicable today is the 4 criminal side of the case-management picture, and it's 5 6 everything from arrest to the closure of the case. And this is where that labeling comes in that -- what I was referring to about what is pretrial about, and fram our view it's all case activities fram the point of arrest to the point of trial, and then there is another como -- component to the case m:magement, which is the 7 B 9 10 11 12 13 post-adjudication, which are those elements that a -- trial events or case events that occur after the judge has actually rendered the final decision in the case to when the file is finally considered closed. What are we looking for? We're looking for some 14 15 16 17 standardization. We need desperately to set up a circuit-wide system for criminal case management, and this is being driven by the fact that -- well, we have the impetus of the Article 5, Revision 7, which is to ensure that there is a base level of criminal justice services in all of the counties throughout the state of Florida, and because here in the 20th Judicial circuit 18 19 20 21 " 23 24 we have the full spectrum -- we have the counties who 2S have limited resources, and we have the very -- the -- the wealthier counties -- our goal in court 10 '- 11 1 administration is to achieve economies of scale. , We do not have enough people. We are never going to have enough people, so we've got to figure out how 3 4 5 6 to use the very scarce resources that we have and to -- and, also, to build the technology and infrastructure systems to support the people in doing the case-management picture. So how does this relate to the jail population? Looking at the arrest as the trigger event to begin the criminal case-management process, we see the jail population -- or our -- our smrmary analysis of the 7 10 11 12 13 20th Judicial Circuit from the standpoint of the jail population is -- this is, again, a very rough estimate. I did not put specific figures on here because the situation is unique in each of the five counties within the 20th Circuit, but just conceptionally we have inmates in the pop -- in the jail who are your high-risk inmates. They are why the jails were built. They need to stay there. 14 15 16 17 18 19 20 You'll also have your low risk, which Sheriff 21 Hunter has done an exceptional job of building a pretrial release program that enables those individuals who represent the lowest risk or no risk to be out of " 23 24 the jail quickly. 2S And what we have is that target group in the 12 , middle that a pretrial services program through effective case management will be able to target. That's the target group that we have the opportunity to look further at. In terms of the Collier program, pretrial, I met with Chief SuI ley -- or Salley, I'm sorry. 7 MR. SALLEY: That's okay. MS. JEFFREYS, -- earlier this week, and he a 9 provided us with some very useful statistics. Inmates that are interviewed for -- we -- we understand that 10 11 the inmates that are interviewed for pretrial are being done after first appearance, so that interview process is taking place after first appearance. 12 13 14 15 In 2004 the judge ordered 1,070 inmates to be screened for pretrial release. Two hundred and 16 ninety-six were classified as eligible, and that represented in terms of a cost avoidance close to $1.4 million, so it proved -- it has proven to be a very effective program, but, again. it's -- it's targeting the low-risk component of the jail population. There were 581 inmates that did not pass the pretrial screening, so we see that as an opportunity. There are -- was a 98 percent success rate for those people who were released to pretrial in ensuring that 17 18 19 20 21 " 23 24 2S Gregory Court Reporting Service, Inc. ( ( ( Public Safety Council June 9, 2005 161D1 1 these individuals appeared for first -- for their 2 3 4 arraignment or any other court event, so it's -- it's a -- again, a very successful program. Same additional stats on the jail population. 6 It's currently $64.30 a day to house an inmate. There's an average length of stay of 21 days. The jail 7 population as of yesterday was 1,123 inmates. IS this -- are these figures sounding good? 8 9 10 11 MR. SALLEY: Uh-huh. MS. JEFFREYS: All right. Daily arrests are between SO to 70 arrests per day. MR. SALLEY: I'm sorry. one -- one mistake. We do interview before 24 hours. 12 13 14 15 MS. JEFFREYS: Oh, you do? MR. SALLEY: Yes. MS. JEFFREYS: Okay. Thank you. JUDGE HAYES: Before and after. 16 17 l8 19 20 MR. SALLEY: Yeah. MS. JEFFREYS: Before first appearance? MR. SALLEY: First appearance, yeah. 21 MS. JEFFREYS: Before. Okay. Thank you. That 22 23 affects this a little bit. Thank you. MR. SALLEY, Yeah. 24 MS. JEFFREYS, Pretrial case-:mana.g-ement. 2S Services are what we're viewing as the front end of the 1 2 3 criminal justice process, so we're -- we -- in Lee -- 4 5 you asked me to report back to you about the progress that we're making in Lee County. We have set up Lee -- the pretrial services program in Lee in terms of two units. There's the intake and investigation unit. Those pretrial officers 6 7 8 9 are actually -- and then there's also the court services and supervision unit. The intake and investigation unit officers are in the jail standing with the pretrial -- with the booking officers and actually conducting the interviews and obtaining the demographic and the cr~nal history information directly from the inmate as part of the booking process. one of their foremost and highest or most paramount responsibilities is to ensure that they are 10 11 12 13 14 15 16 17 assessing that defendant for flight risk and potential 18 19 20 danger to the comnuni ty. They - - they are conducting that immediate assessment, and they're also -- this is -- a major advantage to this system is that they are also referring those defendants to early intervention 21 22 prOgrams that address issues such as substance abuse, mental health, or -- and how the most recent is we're trying to target the elder population. The court services unit, their job is -- they 23 24 2S 13 14 15 1 have two major responsibilities. It's the -- that unit goes into court, and the second thing they do is the full criminal case-management picture. So at -- in -- at first appearance they present the intake unit's recommendation as far as what should be done. They present their -- the outcome of the re -- the assessment, and they nake a recommendation as far as 2 3 4 5 6 7 8 release. 9 10 11 12 CUrrently we all know that there's ROR, bonding, pretrial supervision. There's opportunities for plea at first appearance, and there's also those that absolutely need to remain incarcerated. The second and most important piece of the pretrial services is that concept of case management, 13 14 15 16 17 and they will be focussing on the full jail population and not necessarily just those individuals who are released to pretrial supervision. 18 They'll monitor the case -- those cases that are released for compliance with statutory rules and 19 20 21 22 guidelines. That's all cases. So it's -- we're looking at the felon -- felony tr -- cases moving through the system. This is an opportunity for them to be ensuring that no one falls through a crack in the 23 24 jail, and while the jail's -- and I'm not implying that the jail staff doesn't do this very effectively. What 2S 16 1 I am saying is it's that circuit-wide system trying to address all five counties that I'm really speaking to here. 4 They will also supervise the individuals released to pretrial. They'll ensure compliance wi th whatever the Court orders and all of their conditions -- excuse 5 6 7 me -- their conditions of release. They will also appear in court for all of the future events. They'll work with the state attorney, the public defender, and 10 the other criminal justice agencies to ensure that there is a timely docketing of the cases as they're 11 12 13 rroving through the system. They're acting as a liaison between the courts and the Department of Corrections and Mary Bauer's 14 15 16 folks. They'll evaluate the VOPs, work with them in determining how do we get these cases on the earliest possible docket looking in particular at whether -- the issue of whether they're a technical violation versus a nontechnical violation. 17 18 19 20 And if it's a nontechnical violation one of the 21 opportunities here is to go ahead and move these people on to the state department of correction if that's the most appropriate -- if it -- if the judge deems that to 22 23 24 be the most appropriate action, but what is important is that we get them on an early docket. 2S Gregory Court Reporting Service, Inc. ( ( ( Public Safety Council June 9, 2005 161D1 1 They'll also coordinate cases that are referred to c=i ty services as I mentioned before, and this is where the Dave Lawrence Center comes in. It 2 3 4 involves substance abuse, mental health, and elder 5 issues. 6 Another major corrq;lonent of what they do is to track defendants released on ROR. We have been amazed 7 in Lee at the difference that this nakes. Generally 9 when they're released to OR -- ROR there's no further action done with them. They -- they show or they don't 10 11 show. 12 But what our pretrial release unit is doing -- or in particular the court services unit, they're sending a reminder letter out at -- and telling these people 13 14 15 that your case has been set, and then a day or so before or ODe week before their court event they're calling them. One more reminder, 'You've got a court 16 17 18 19 date corning up. 20 21 And we are recognizing a significant drop in FTAs, which are the failure to appears. Something as slltiJle as this program provides the ability to stop 22 23 that cycle of continually bringing them back and back. They'll monitor continuances and their impact on case 24 25 flow. Ways to reduce jail costs. Looking at pretrial 1 services as a full system, it can avoid unnecessary incarceration. It can reduce the average length of incarceration, expedite case docketing. It can reduce the number of continuances. It can look -- we can look 2 4 5 6 at early resolution of VOPs, and we can reduce those failure to appears. 7 So that ~~ that surrmarizes all of the benefits 8 that we're looking to gain from the Lee system. The in ~~ there's a significant intangible benefit as well, 9 10 and that is that it ~- it ensures and enhances that n total quality of criminal justice service delivery, and it enhances the community safety and avoids that flight 12 13 ~~ flight~risk potential. 14 So we're bringing in -- inmates who are still in the jail who might be marginal in tenus of whether or 15 16 not they would or wouldn't be a flight risk. And we're 17 working with Florida Gulf Coast University right now for them to do a validated score sheet for us that will 18 19 20 23 enable us to have a tool by which we can be fairly certain that when we're going out there on the edge and naking a rec<mmendation to the Court, we have something 22 substantive that we can base that on. 23 24 And the -- once that scoring is done, then we'll be able to know the degree to which that individual represents a safety ~~ a flight risk or a ~~ any 25 17 18 19 1 further danger to the corrmunity. We see this as an 2 opportunity to enhance the docketing principles and 4 practices especially with respect to ROR and jail nenagernent, and it's going to allow us to take those very scarce resources and put them where they're most 5 6 needed. 7 We also see this as an opportunity in the -~ in the vein of restorative justice to put inmates back at ~~ in their homes and back to work as quickly as 8 9 10 n possible. This is also an opportunity for us to provide the linkages to the comrrnmity services agencies. There are a number of great programs being developed that are looking at issues such as substance 12 13 14 15 abuse, mental health, and elder. And then we want to 16 17 provide continual and regular supervision. This, I think, is the rrost telling and I think what 18 commissioner Coyle was ~~ was waiting most to see, and that is, where's the benefit in this in tenus of cost? 19 20 23 And our assessment has shown that for every dollar our -- and, again, this is an estimate of what we're projecting. Lee has already funded a 24/7 22 23 pretrial program. The -- what we have shown them is that with our projected numbers of increased release to pretrial that we're going to be in a position to save 24 25 20 1 them -- or they'll avoid spending $2.03 for every dollar they have put into the pretrial services 2 program. 4 5 6 We have a proposal currently presented to the Charlotte Board of County Corrmissioners. They're considering it for their FY 05/06 fiscal year, so it 7 would go into effect October 1. That would be a 16~hour~a-day 7-day-a~week program, and the cost 8 9 10 avoidance there is that for every dollar spent for pretrial services there is an opportunity ~~ or you 11 12 would avoid spending approximately $2.23 for incarceration costs. 13 And then in Hendry the proposed - - we =rently have a proposal before their Board of County 14 15 16 17 18 Commissioners that would be a -- an eight~hour~per-day seven-day-a-week program, and it would show a -- an avoidance of $4.38 for every dollar spent on pretrial services. 19 In sunmary, what we're looking at is an opportunity to increase the number released while ensuring the public safety. We want to make the release decision at the first appearance. And I apologize, Chief. We want to provide intensive supervision to those who are released. We want to act as a liaison with the department of cre ~~ corrections 20 21 22 23 24 25 Gregory Court Reporting Service, Inc. ( ( ( .'-- Public Safety Council June 9, 2005 161 D1 1 2 3 4 5 5 7 to fast-track those VOPs, which was, again, one of the original charges that we had in trying to help you address your -- your jail population. We want to fur -- facilitate the earliest transfer to the Department of Corrections of those inmates that -- that we can neve on. We want to develop pretrial services at the front end of the criminal justice management system fram arrest to trial. Again, it's that whole pot, the entire jail population, that we see pretrial services benefitting 9 10 11 12 you, So where do we go from here? Again, I was trying 13 14 to present to you fram the standpoint of how we're looking at it from court administration's standpoint and seeing need in developing a criminal case-management system and supporting both the 15 15 17 18 judiciary and helping the jail and -- and the issues that -- that you have and helping the Board of County 19 20 ccmmi.ssioners in keeping those jail costs down. We're here to help. We want to do whatever we can. We -- we do have same basic directions that we're 21 22 trying to take within the courts to ensure that -- that we're managing and processing the cases through the system efficiently and effectively, but our -- our -- 23 24 2S what I was hoping today is that we would get a 1 consensus or a feel from the Public Safety Council 2 3 4 about whether or not you feel this concept of the pretrial services as we've defined it as the front end of case management, crinUnal case management, would be 7 8 a direction that you think that we should pursue. If it -- if it is, the next thing that we would do is start looking at further cost-avoidance opportunities beyond the excellent 1.4 million that's 9 10 already been recognized through the PI'R program that the sheriff's currently running. We would want to look at the benefits to Collier County citizenry fram the 11 12 13 standpoint of how best to deliver -- develop those linkages that tap into those community service agencies 14 15 15 17 18 19 20 21 22 and really start blending and n and working cohesively together as a team. We also want to look at the benefits to the sheriff. And, obviously the sheriff is just in that same boat that we're all in. You've got m::>re work to do than you have enough people to do it with, and so what we're seeing is an opportunity to say, if we can take more of those inmates out on the front end and also do effective docketing procedures and work with it as a total system, then we'll be in a position to -- the sheriff will be in a position to then direct his very scarce resources to the -- to the nore intense or 23 24 2S 21 22 23 1 2 -- or -- MR. SALLEY: Hard core. MS. JEFFREYS: Hard core. Thank you. And, 4 again, the major benefit to the courts is its efforts to establish best practices with respect to case nanagement in a whole system. once we do the study, we take a much closer look at it, then what we -- what I see happening is that the 5 5 7 8 9 10 work group that looks at this as a full system would then report back to the Public Safety Coordinating 11 council and look for a second endorsement. 12 And if you approve going in that direction -- or you may provide guidance that says, no, that's not 13 14 15 particularly where we want you to go -- what we would do is seek that second endorsement, get an approval on a final approach and plan, and once you've approved it we'd go to -- to the Board of County Cotm\issioners for the appropriate funding. And then, obviously, once 15 17 18 19 it's funded we'll be in a position to irrplement. So we 20 see it as a win for everyone. 21 MR. COYLE: Thank you. Thank you, Caron. MS. JEFFREYS: You're welcome. 22 23 MR. COYLE: Excellent report. All right. Any n 24 2S any questions? You need -- you need some direction. IS the direction that you're suggesting in any way 24 1 2 3 dependent upon the jail population reduction subcommittee report that is to follow that is the next item on the agenda, or can we take action on your 4 recomnendation independently of that. MS. JEFFREYS: I think it would be helpful to hear the jail population subcorrmittee's report and 7 then -- MR. COYLE: First? MS. JEFFREYS: First. 10 11 MR. COYLE: Okay. HZ. JEFFREYS: And that way we have a broader 12 picture of exactly what this may encompass. 13 14 MR. COYLE: Okay. Then we won't take action on -- on the items you recommended at the present time. We'll postpone that until the report that is next on 15 15 our agenda -~ MS. JEFFREYS: Yes. 17 18 19 20 MR. COYLE: Okay? MS. JEFFREYS: Yes. MR. COYLE: Yes. Question? 21 MR. MUDD: I'm always worried about noney. 22 MR. COYLE: Remember -- remember, your name, please. MR. MUDD, I'm Jim Mudd. I'm the county manager. Can you give me an idea. of what the Lee County 23 24 2S Gregory Court Reporting Service, Inc. ( ( ( Public Safety Council June 9, 2005 16' D 1 1 program costs to run and the Charlotte County one that's pr-ojected, even though it's on a reduced hour? MS. JEFFREYS: The Lee program now is about 2 3 4 $1 3 million. It was a $275,000 increase -- or I'm 5 6 sorry. Yes, a two hundred and seven -- may I e-mail you those figures? MR. MUDD: Yes. 7 8 MS. JEFFREYS: Yes. I would prefer to give exact figures and not guess at those. 9 10 MR. COYLE: You started to say it was a $270,000 11 increase. 12 13 14 15 MS. JEFFREYS: Increase. MR. COYLE: You said the 1.4 million. MS. JEFFREYS: Well, again, I -- MR. COYLE: That's the total cost of the program. 16 17 It wasn't the increase, I presume; is that correct? MS. JEFFREYS: Well, I'd like to give you the 18 actual figures because, again, I've -- we have -- 19 MR. COYLE: Okay. MS. JEFFREYS: -- three proposals on the table, and they have suddenly all run -- the numbers have all 20 21 n run together for me. 23 MR. COYLE: Okay. 24 25 MS. JEFFREYS: If I can e-mail you -- MR. MUDD: The reason I ask, conmissioner, is 1 2 because you're going to do budgets next year -- next week, and if everything is diced up and moved around, 3 whatever, by the end of next week and this corrrnittee comes up with a recorrmendation that -- that we do that, then it would be nice to -- and if you take -- if Lee County's particular situation, whether it's completely taking the program over from -- from the sheriff's office in order to do that, it would be interesting to 4 7 8 9 10 find out how much the sheriff has budgeted for that particular item to figure out if there's any -- any way to transfer dollars or if it's straight-up new m:mey 11 12 that you need out of the budget. 13 And -- and I need to know that because -- and 14 your fell u fellow cormdssioners need to know that by 15 the end of next workshop. You pretty much have -- have said, "This is where the monies are going. This is what you need to go find' or "This is what you need to 16 17 18 19 20 21 go cut, so-- MR. COYLE: If I understand what you said correctly, we -- we'd like to get not only the cost but the cost-avoidance figures, so if -- if you have a report on the increased costs and current budget, if you could give us some indication of what we have been able to save -- or you have been able to save and n 23 24 25 where, that would be helpful. 25 26 27 1 2 3 I mean, if you're making $2 for every $1 you invest, we should give them our entire reserves. We 4 could make a lot of money by the end of the year. MR. MUDD: I figure just give them the whole budget. MS. JEFFREYS, I can -- I can show you how we 5 6 7 B 9 10 11 12 13 14 15 arrived at those figures -- MR. COYLE: Okay. Good. MS. JEFFREYS: -- because it, in essence, involved taking what we're currently expecting- the budget to be with expansion of the program. We're taking the average length of stay in jaiL in your case 24 1 days per defendant, and we're -- or, no, I'm sorry -- 21 days -- that's Charlotte -- and then your average cost per day to -- to house an inmate. And we -- what we did is we projected those nUIr1bers and multiplied out using that fOl:l11llla. 16 17 18 MR. COYLE: Okay. Good. And you'll u you'll 19 get those to Winona, and then she can distribute them 20 21 to me -- MS. JEFFREYS: Yes. n MR. COYLE: -- to everyone who needs them. 23 Judge Hayes, good to see you. 24 JUDGE HAYES: Good to be here. I managed to get through the traffic. I should have left the meeting in 25 28 1 2 Fort -- MR. COYLE: You're going blame us for that, aren't you? 4 JUOOE HAYES: No. No. I'm very -- I very -- 5 6 MR. MUDD: He's talking about Lee County traffic. MR. COYLE: Oh, Lee County. 8 9 10 11 12 JUOOE HAYES: In Lee County. We were at the same meeting in Fort Myers at the courthouse, and she left early to make sure she was on time, and I tried to finish the rest of the meeting. But I -- I am constantly trying to remember -- it's probably not smart politically -- to write to the governor and tell 13 him that one of the dUlllbest things he did u you can 14 put this on -- was to veto the very first bill that he vetoed this year in the legislature was the left-hand lane bill that would have allowed police officers to give tickets to people who just sit in the left-hand 15 16 17 18 19 20 lane and have no earthly idea why everybody's backed up behind them blowing their horn and hitting their lights. And that's when you wished you really had a 21 22 Hwomer, But since we know that the governor never has to personally drive a motor vehicle because of security and other reasons, one day he will appreciate my -- my 23 24 25 point of view, but right now he doesn't have that n Gregory Court Reporting Service, Inc. { ( c Public Safety Council June 9, 2005 161 D l~ 1 that concern. And so that was one of my favorite pieces of legislation that did not pass. MR. COYLE: I see. . JUDGE HAYES: I wish that it had, but anyway that's my spiel for that one today. MR. COYLE: Well, are you going to do the jail 5 6 committee report yourself, or is someone else going to 8 9 do that? JUDGE HAYES: Well, I think we were - - the way we 10 left that was we -- let me see. I'm trying to remember who we did agree to. I'm still stewing about driving 11 12 down 75. I was in -- out of the country for the last 13 week, and -- and -- and those guys can -- it always arna~es me how those Paris cab drivers still manage to 14 15 get around all those places. 16 I think that the -- what -- what -- what we had 17 talked about at our subcommittee meeting was -- and we held the meeting at our conference room over at the 18 19 courthouse, and Scott was there, and I can't remember 20 21 n was anybody else from the sheriff's department there? I think it was Scott. MR. SALLEY, Yeah. 22 23 JUDGE HAYES: And n and then our n our folks 24 were there. And we looked at some of these options that were -- were possibilities of how to approach 25 1 , these cost measures and the pretrial release. one of the things that we had thought about doing 3 . was -- or it was just one of the suggestions was to do a -- and we chose -- decided this wasn't such a great idea, but to do a slice, a day in the life of kind of 7 8 deal. And one of the things was to put our people -- it was kind of a tough way to make the call, but put 9 one of our people next to the sheriff's person and then not interact, just observe our person -- our people to 10 say, 'On this group of persons who went through the 11 system today, we would have released more or less' and 12 identify who they would be so that we can actually look at the nurobers. 13 14 15 Now, it puts pressure on each person to -- the sheriff's department person may feel that they're under 16 pressure maybe because they've got somebody on their shoulder to release more that day, but it would be -- 17 18 19 that's an opt -- that was an option was just to do a, you know, slice-of-the-pie concept, see how that worked for two or three months, report back to this committee, 20 21 22 give them the results. Tbe other one was to -- it's pretty much as the model that we've discussed with Caron a little while 23 24 25 ago, and that was that the PTR program be really given over to court administration and to be part of an 29 30 31 1 2 inplementation that we're doing pretty much so far on a circuit-wide basis. 3 . 5 6 7 8 9 10 I mean, I think that, even though she says that these are presentations before the other county commissions, it's my belief having sat in on all of those meetings as well that these are all pretty much 11 12 -- let's see. How -- how should I say this? No -- you know, no one county cOrunllssioner can -- can speak for the whole group, but I think that it seems to me pretty apparent that in the other counties' cases they are putting extremely great weight, as I'm sure they are here, on that particular county com:nissioner who is in attendance and who is participating to say, you know, 'After all was said and done, you know, fellow county 13 14 15 commissioner' -- it's more of a trust issue -- 'What's 16 17 18 19 20 21 n what do you think? What do you think we ought to do?' And I think in those other counties it's my impression that it's not a done deal necessarily, but it's positive. It's going forward, and I don't believe that there's going to be a problem in any of these 22 counties. 23 So that was a second of three options, and then the third one was the other one, and that was, you 24 25 know, without -- we -- we feel that the -- the 32 1 sheriff's PTR system -- obviously, who can argue with a 98 percent success rate for failure to appear. On the 2 3 , 5 6 other hand, I think that almost by definition it shows that it's a fairly conservative release program. There's some built-in factors, politics, quite frankly, I think, that the sheriff would have to be rrore 7 sensitive to. 8 9 Maybe I just don't perceive the picture clearly, but n but I think that they would be a little nore 10 reluctant to take a risk as the chief law enforcement 11 officer of the county than we might. We're more administrators and systems people trying to get the 12 13 14 15 overall system to work, and we always would blame the state attorney or the public defender or -- you know, or somebody else. 16 17 18 19 20 21 So that's not -- that's not a benefit that the -- maybe that the sheriff has. We like to share the blame and guilt and take all the credit for the success. But -- but so that's -- that's -- that's kind of what we perceive or have a gut reaction or feeling that that's built into this 98 percent factor. 22 Without a doubt it is successful, and nobody 23 24 would argue. Tbat's great. We think that -- on the other hand, that the perspective that we're taking is 25 to see if we can take that middle portion of the pie Gregory Court Reporting Service, Inc. ( ( ( Public Safety Council June 9, 2005 161 D1 1 and get into that a little bit better. The only -- and 3 , 5 6 we wouldn't want to take this risk Wlless, obviously __ or make this recommendation unless we thought it would work. Lee has been a prototype. It does appear to he woI:"king, and I can assure everyoody on this corrmittee 7 the moment it doesn't work, other than blaming everybody else, we want to drop it like a hot potato 8 9 10 11 12 because no one can sustain a failure -- the program to fail. So it's not cast in stone in anyplace, and __ and I'm sure that's the way the sheriff's department feels 13 14 about their current program. If it doesn't work, you know, we're going to can it and look for a better 15 ilI)del. No one's going to continue to run a program that fails, especially this type of program where 16 17 you're putting people into the public -- back into the 18 19 20 public. 21 But, as unpopular as it may be in the theory of punishment, when you look at this as an analysis economically of cost, it's our belief that certain ~_ certain people -- and the easiest ones to pick on may, in fact, be drug offenders, whether it's alcohol, marijuana, you know, other drugs. Those people are as a general group not as much of a danger to society as 22 23 " 2S 1 someone would be who's willing to strong-arm robbery, to physically batter. They've -- they've clearly 3 crossed the line. , Statistically neither one of those people has a name. They're -- they're a unit in a system called a 5 6 jail. statistically each one of them cost $64. What 7 8 our -- our goal is and our job is to try to figure out if we can -- you know, when we put a name to that unit, that -- that economic unit that's in the system, can we 9 10 afford to take a risk on that unit. 11 I mean, I hate to make a person sound like a -- a 12 number, but -- but that's what we're talking about in 13 this si tuation. And so, yes, we think we can. Yes, in 14 Lee County, because of Juan's program there, this __ this hands-on approach -- it's not any different than the way we manage our -- our case files with judges, and that is if you keep it on the front burner it has a tendency to keep ~- you know, go away faster. You don't let them just sit and come back to it next month. You know, keep it going, keep it going. If you stay on top of them, I think you get rid of it faster. This -- this whole -- this whole concept is 15 16 17 18 19 20 21 22 23 tnlly a -- a -- a -- has been spread over to the whole " 2S system. Because of Steve Russell and Bob Jacobs' 33 34 35 1 leadership from their agencies working with their folks, it's not -- it's the same thing as the -- we 2 3 , don't want to really -- we try and get out of calling it a rocket docket for VOp, but we just went through this in -- in Charlotte County, and -- and, quite 5 6 frankly, it's a matter of prioritizing it, putting it on the front burner, and IIDving them out. 7 8 9 10 And that's what we've done here to the point where now we're getting ready to, quite frankly, do 8May or suspend our, quote, rocket docket VOP program in Collier because Judge Schoonover's pretty much dropped it down to allrost zero -- and -- and -- because it can also be taken up in the felony system. 11 12 13 14 15 But Charlotte had gotten behind -- I think I can without criticizing anybody say it had gotten behind. 16 17 Part of that was judge driven; part of it was attorney driven. There had been too many continuances, I think, and not enough moving of those cases. And in the last, 18 19 I don't know -- Bob and Steve can tell me -- correct 20 21 22 me, but I think in the last three weeks to four weeks ~- and we're going to actually -- we have an anticipated suspension of that program July the 1st. It's just knocking it down. So it's putting things in -- you know, bringing them on -- putting them on the front burners is really 23 " 2S 36 2 the way this system works. The case-management system is the same way. It's a matter of looking -- being on 3 , top of somebody's -- staying on their back, telling them, 'Just because you've got ROR doesn't mean you just -- you go away and do whatever you want to do 5 7 until your day of trial.' This system stays on top of them. It keeps the 8 9 10 -- it keeps them -- you know, Big Brother is on __ on their shoulders constantly. It reminds them that they've got responsibilities, and -- and it also 11 reminds them, 'Hey, you know, it's difficult to say you 12 13 forgot your court date when we've got -- we have records showing we called you three times and -- and 14 somebody's logged it and said they actually talked to 15 16 17 you. So if you want to say you forgot your court date, fine, but we think that the judge ought to know that our people talked to you three times, and you got the 18 message. You said you'd be here. You weren't. You know, it's not our problem anyrrore.' And I think at that point we expect the judge to -- to say, 'You have no credibility.' So I think it __ I think it's -- I think it's a good program. But we went through these three analyses here, and, basically, " 20 21 22 23 24 I think the one that -- that we thought would be most 2S cost effective would be this program -- prOQram that we Gregory Court Report1ng Service, Inc. ( ( ( Public Safety Council June 9, 2005 16' D1 1 presented to you this morning, but I think at the same time we -- we said -- you know, it's kind of like , 3 4 apples and oranges. The sheriff's program has been highly effective, 6 and you could continue to run that model if you so chose. It's got -- it's got results. It's got a 7 history. It's got a cost that we can measure. The one that we're proposing, we believe, will say, No.1, we're not willing to take any unnecessary risks either, but, No.2, if it's an issue of economics and saving the -- the taxpayers some money for their jail costs, we believe that this is the safest and most economic 10 11 12 13 14 15 way to do it. MR. COYLE: Okay. Thank you. Any questions? Then let's go back to Caron's presentation. Caron was 16 17 looking for some guidance -- MS. JEFFREYS: Yes. 18 MR. COYLE: -- as to what we should do. And if I 19 remember you~ ~ecommendation, Caron, you wanted this council to give you guidance with respect to continuing the study to more specifically identify the costs and 20 21 " cost savings and the procedures that would be used. Is 23 that essentially correct? 24 25 MS. JEFFREYS: Yes, it is. The unique situation here in Collier is that the sheriff has been running a 1 very effective program, and it has already recognized that $1.4 million of savings. None of the other four counties had a similar program, and so because of that , 4 5 6 it was much easier to do an apples-to-apples comparison among those other four counties. What I see a need to do right now is to work with 7 the jail and in particular with n with the chief and his staff to be looking at that not only those individuals in the low-risk area -- because we did have 10 same figures that showed that because of the sheriff's position and ult -- the ultimate decision on release is the judge's, and the sheriff has taken a very conservative approach to release and doing a very 11 12 13 14 effective job fram the standpoint of $1.4 million. But 15 there are mo~e individuals in that row ~~ that low-risk 16 category that we see as potential, and then there is 17 that middle group of what we labeled the yellow area or the target group where there are opportunities there to be looking at whethe~ there are inmates eligible after they've been thoroughly screened using a certified and validated system, whether they wouldn't also be a candidate and then also knowing that once they are released, there's going to be very intensive supervision of those individuals to not give them the appearance, as Judge Hayes said, that Big Brother is 18 19 20 21 " 23 24 25 37 38 39 1 not watching, that they aren't still accountable to the justice system for their behaviors and their actions , 3 4 5 6 while they're awaiting trial. So that is, I think, the first step that we need to take, and that is to figure out what exactly does 7 that middle population represent and how much of that can then be translated into a cost-avoidance figure. 8 , 10 And then you -- I think you will be better equipped to 11 12 be in a position as a council to know whether this is something you'd want to recorrmend to the Board of County commissioners. MR. COYLE: Are there cost implications for this 13 study? 14 15 MS. JEFFREYS: Our t!me. MR. COYLE: Well, that's free. 16 MS. JEFFREYS: But I see we can pull together a 17 18 good strong cross-section of this committee and take a look at it. It may actually be just a matter of -- a simple matter of Juan Ramos -- I'd like to introduce 19 20 Mr. Juan Ramos. He's our director of pret~ial services 21 in Lee County, and he has traveled nationally to look at pretrial services programs. " 23 He has done an exceptional job in the year that he's been with us. We actually stole him from your probation department here in Collier -- or in 24 25 40 1 I!miokalee. So Juan has done an exceptional job over , the last year of setting up a very extensive, thorough pretrial services program that, in turn, follows this 4 nudel that we're presenting to you today. 5 6 So I think, honestly, if we would take time for Juan and the chief staff to :meet and then to look xoore 7 closely at those figures, it really shouldn't take us 8 much time to pull together that information. 9 MR. COYLE; Is that okay with you guys? 10 MS. JEFFREYS: Do you concur? MR. SMITH: Yeah, sure. We can do that. Just-- MR. COYLE: Okay. Go ahead, Greg. 11 12 13 14 MR. SMITH: I was just going to make a couple of comnen ts . 15 MR. COYLE: That's Chief Greg Smith by the way. 16 MR. SMITH: Yes. Yes. Thank you, sir. Fi~st of all, when we talk about cost avoidance, 17 18 what we've really done in the past and what I think 19 20 21 22 that you've done here is just taken the operational dollars and spread it over the inmate population. MS. JEFFREYS: Yes. MR. SMITH: And there's something that's lID-lch 23 24 2S more significant than that, and that's the cost of the building itself and -- with jail beds -- the national average cost for building a jail bed between being Gregory Court Reporting Service, Inc. ( ( \ Public Safety Council June 9, 2005 161 D 1 1 2 3 4 5 6 thirty-six and forty thousand dollars per bed, then having a hundred people on the program at the low end of that would be a three-point-six-million-dol1ar avoidance. That's very germane to this county because we're just building a new jail, and we've mortgaged our i:mpact fees over the next 30 years. And guess what? We don't have enough jail beds over theJ:"e for the next 30 years. So where do you turn to next? 9 So I think that it's through implementation of 10 those types of programs is the only way that we're 11 12 going to avoid those kind of costs and those kinds of issues that are going to confront this community in the 13 next 5- to lO-year cycle. 14 15 Also, Judge -- Judge Hayes correctly identified the fact that there is mission conflict that has 16 limited this program in scope and size since its inception, and that is something that also can be -- 17 18 can be addressed, you know, through fine tWling it and 19 20 possibly shifting it. So that's another thing that's very inportant. 21 And then one last point that I wanted to ~- to make. When we talked about the benefi ts of the 22 23 pretrial services unit and the linkage with conmunity services, this is of utmost inportance -- and I'm glad 24 25 that Bonnie is here today -~ because we've been, again, 1 2 3 4 victimized by our own success. We have an in-house drug and alcohol unit, as rrost people here know, and it's one of the very few resources in this comnunity that is available to anyone to enter, and because of that, rather than shrinking the jail population, we've expanded our jail population so that more people enter 7 8 that program. And I think we need to do something to identify 9 10 or establish these types of programs that obV'iously have benefit and are worthwhile as an outpatient community resource as opposed to an in-the-jail -- as 11 12 part of the jail population because there are people in 13 there that are there solely because it's the only place they can receive treatment. 14 15 16 17 18 19 20 MS. JEFFREYS: Absolutely. MR. SMITH: And -- and I think that we need to tag that as well as part of the 35 percent. MR. SALLEY: Chief Scott Salley. The reentry program that we're trying to look at in the community of IImlokalee, and that's not only for state, but it's 21 22 also for jail because we've found that the jail has a higher percentage of reentry candidates than the state 23 24 25 system, and hopefully with this system and this model and what Chief Smith is saying that -- the reentry program that we may be looking very closely at is face 41 42 43 , to face and bringing the troops and comnunity together, 2 3 4 5 6 but you need a model for them to launch off of their carrpaign. So exactly what the chief said -- MS. JEFFREYS: Well, I was delighted to hear your observations about the cost for jails -- the cost to build jail facilities. We found that this -- that the 7 -- that the pretrial services system paid for itself 8 9 just by -- just in merely looking at the operational cost side of the picture. 10 When you do add that cost of the building, the 11 12 structure, and the foundation piece to it, it's even more significant so 13 MR. SMITH: well, the only reason that I add that 14 15 16 is because, I mean, you can -- you can make an argument that, okay, those aren't the true cost avoidance because there -- there's no threshold by which you -- 17 you reduce your amount of staff or add staff to once 18 the jail cell, the pod, the housing, whatever you want 19 to call it, has been opened. You're going to watch the same -- you're going to watch with the same arrount of resources and staff 20 21 22 20 inmates as you would 45 or 60, but there -- there 23 absolutely could be no argument that that person has to 24 have a bed to sleep in, a place to sleep. 25 And -- and so those are -- are a lot more 44 1 accurately reflected costs. If you've got 100 people, 2 3 that's 100 people you're not sleeping in that jail, and that's 100 beds you didn't have to build. And -- and 4 that's my biggest concern as well as the sheriff is, you know, we have to start thinking out 5 and 10 years 5 6 ahead and -- and start thinking of, you know, land 8 9 availability, funding sources, those types of things, or in the alternative some intermediate sanction 10 programs or cOIllllUl1ity-based alternatives that can really attack what we're at because this is a -- this is a very -- what do I want to say? The comnunity is very conservative. 11 12 13 14 And, you know, we take an aggressive approach in 15 -- in law enforcement here because we have recognized there is absolutely a correlation between the amount of people in jail and a decrease in crime rate. That's~- 16 17 that's not argued. But at the same time, you know, that has a 18 19 20 societal cost implication, and so we need to spend those dollars wisely. And, like I said, a lot of times 21 22 when -- when we're forced to do it on our side, we run into a mission conflict, so that's what we -- 23 24 25 JUDGE HAYES: Can I ask a -- MR. COYLE: Yes. JUDGE HAYES: Judge Hayes. One of the things Gregory Court Reporting Service, Inc. ( ( ( Public Safety Council June 9, 2005 161 D 1 1 that we're working on simultaneously in Charlotte County because at least in the law enforcement arm I 2 3 4 5 6 know they keep up with their colleagues, and the Charlotte County commissioners are very soon -- it's UUlch sooner than they had wanted n going to be faced with building another jail, an expansion to their jail. 7 It'S come on faster than they had wanted. 8 9 And I don't want -- think I want to give away the corrmission or the board's position on this, but -- 10 although I guess it was at a public safe ~- safety council meeting, so it's public record. But he has a 11 12 13 14 15 16 17 theory of how he wants to address that issue of the increased jail expansion. But the thing that was interesting is that we kind of got into that just as a concept for the future that I'd like this committee to think about is that -- that whole economics -- the 80/20 rule, you know, where 18 80 percent of the work is done by 20 percent of the people. 19 20 And roughly, you know, it's fairly -- we're -- in the criminal area we know already from the Rand study 21 22 that was done years ago from Stanford that roughly 23 85 percent of the crhres are corrrnitted by the same 24 25 15 percent of the community of criminals. And in Charlotte they're looking along those 1 2 lines as trying to figure out, since they are going to be required to build new facilities, is what type of facilities do they want to build. And the issue is do they want to build -- I'm just using that number 4 5 6 roundly -- put $30,000 per cell and to house, sorry, but this one unit of -- of humanity, this one person, 7 or would they rather spend less than that to build what 8 9 I, for lack of a better term, call a dorm, a minimum-security dorm so that you're -- that's probably 10 not a good exanple because we try to route all the, 11 12 13 like, elderly theft defendants into special programs rather than putting them into jail, and that's really because of a lot of the farsightedness from the state 14 15 16 17 18 19 20 21 22 attorney's office and the prosecution element. But -- but that is -- an issue is do you want to build something that's $30,000 that may last a long time but you may put a 65 -- gee, doesn't seem old anyroore -- an 85 -- assuming he can live that long -_ an 85-year-old kleptomaniac in there in order to -- to -- to introduce same degree of punishment. But you don't need a $30,000 cell for that is the point. And so that's one of the things we're looking at in Charlotte, and the other issue is the -- what they have to deal with here -- I know you know this, but 23 24 25 that n that they're having to deal with all the time 45 46 47 1 is where you really can't -- it doesn't -- you don't have one murderer -- alleged murderer in one cell. Sometimes that one person will end up taking three 2 3 4 5 6 cells, and -- and they can't be used because of the situation. We have that in Charlotte right now with the -- 7 the three inmates who are alleged to have killed one of 9 the -- a female prison guard. Those three individuals are -- are taking up an inordinate arrount of space and 10 11 time because of the fact that they were already prisoners when they committed their crhre, and now 12 13 they're prisoners again, and now they have to be segregated and all these other issues. SO we're eating up a tremendous amount of costs. I'm not saying in those guys' cases that they should be put in a dorm, but -- but it is -- there are some odd things that go on with -- with jail costs that are just really -- you don't have one prisoner per cell. 14 15 16 17 18 19 There's no way to calculate that really. And that 20 21 22 happens, you know, everybody knows, throughout the state, not just in Charlotte. MR. COYLE: Okay. Then let's see if we can't get 23 agreement on the guidance we provide to Caron. Is there any real objection to authorizing the second 24 25 phase of the study? 48 1 (No response.) MR. COYLE: It looks -- it looks approved, so we 2 3 4 5 can go ahead with it. Can we have that report at -- at our next meeting, llIbich would be sometime in September? MS. JEFFREYS: I'd like -- may I -- the answer is yes. 7 8 9 MR. COYLE: Okay. Good. MS. JEFFREYS: But I'd like to speak to Colonel Mudd's comment earlier when he asked the question about funding and the opportuni ty for this. When I was originally preparing the presentation, it occurred to me whether or not I would want to offer suggestions for a potential time line, and obviously at the outset __ 10 11 12 13 14 fram the court's perspective, the sooner we do this __ and I would assume fram the jail's perspective n the sooner we do this the better, but the reality of that is the timing with respect to your budget process. And I don't know how receptive you are to midyear adjustments, so the time line that I saw as most realistic -- 15 16 17 18 19 20 21 22 MR. MUDD: only for budget cuts. MR. COYLE: We do those anytime. MS. JEFFREYS: The county manager -- 23 24 JUffiE HAYES: You don't have any of those. MS. JEFFREYS, But the realistic time line that 25 Gregory Court Reporting Service, Inc. ( ( ( Public Safety Council June 9, 2005 16'D1 1 2 3 4 we saw was to seek funding for FY 06/07, which would be October 1. That would not be optimal fram our peI:"spective, and that would give us far more time than we actually need to study this. So in looking at it 5 timewise if there would be -- were to be a very significant value shown from the study we -- we do, we would also welcome an opportunity to bring to the board -- or bring to this group a recomnendation midyear and 6 7 8 9 then perhaps pursue it wi th the Board of County 10 Comnissioners midyear if you felt agreeable. 11 MR. COYLE: What -- you're talking about mid 12 13 fiscal year? 14 15 MS. JEFFREYS: Mid fiscal year, yes. MR. COYLE: Yes. MS. JEFFREYS: It has to begin implementation in 16 17 spring as opposed to October. MR. COYLE: We begin our budget deliberations 18 next week. There is the possibility, I presume, that we could place some money in reserve for an anticipated program, but I -- I can't really determine that at the present point in time. 19 20 21 22 MR. MUDD: Once I find out -- there needs to be a 23 discussion between -- between the sheriff's officials 24 and -- and Caron, and -- and once we have that we can 2S figure out, you know, how are we going to transition 1 this or -- or is there -- you know, what happened to the people in the sheriff's office that used to do it, okay, and how much were they funded for it, is there any -- is there any IOOney there in order to grab, you know, did -- in order to keep -- as it switches over between who's -- who's controlling it. 2 3 4 5 6 7 What are you going to do with the people that 8 used to do it versus the new people that are Qoing to 9 10 be in charge of it? And we'll go through that whole __ we'll go through that a little bit and go through that 11 12 discussion. And then I believe once you figure out, okay, what that's going to be and then what additional dollars you need -- once I have an idea, then I basically divide it by half because it's going to be a nridyear implementation, and I bring -- bring that to the board and say, "Okay. This is what you need to _~ to set aside if we're really serious about this 13 14 15 16 17 18 19 20 particular issue" and just -- and just roll it to that -- in that budget and have it sitting there and have it eanrarked for the program. And then by midyear if you don't need to do it -_ maybe the discussion goes on that you've got such a system that there's a series of -- of check sheets that you go through, Juan, as you go through and you do it, 21 22 23 24 2S they take a look at that check sheet and say, "You 49 50 51 1 know, we can use that check sheet, and let's see what 2 3 4 5 6 we do with that particular program.. And that might do it. I don't know. And that -- that has to transpire during this discussion, but I believe you can lay -- we can do some quick work and see what that money needs to be set aside and then basically set it for half a year. 7 8 9 MR. COYLE: So I think -- think the quick answer is it's possible, okay? 10 11 MS. JEFFREYS: Okay. MR. COYLE: Yeah, Mark. 12 MS. JEFFREYS: I appreciate your patience. 13 MR. MIDDLEBROOK: Mark Middlebrook. We can come 14 up with a figure because it's going to be conpare __ comparable to the probation officer and secretary cost, and I can give you a figure including operating expenses by tomorrow as to what the cost would be to operate it. You know, the numbers of personnel has yet to be determined, but I can tell you one person -- one officer and one secretary is going to cost this CIIl'IOunt of IOClney and get that to you, and then we can work it up from there, and that'll at least give you some idea of what we're looking at cost-wise. MR. COYLE: But -- but the cOst avoidance is also 15 16 17 18 19 20 21 22 23 24 25 a very, very important part of this whole processes. 52 1 Greg. MR. SMITH: Greg smith. I was just going to 2 3 suggest that, you know, it may be easy for us to just identify the costs associated with our current pretrial 4 5 6 release program and show that as a line item when we go into budget discussion so then you'll know exactly what we're looking at, but just real quick it's one officer, and that's -- that's with no clerical, and that's where 7 8 9 we're at right now, but I -- 10 JUDGE HAYES: Yeah, I think it's going to be __ 11 the cost avoidance is the big, big issue. 12 MR. SMITH: Absolutely. Absolutely, yeah. That's the much bigger -- yeah. JUDGE HAYES: It may not be really a shift of any 13 14 15 final cost so much. 16 MR. MIDDLEBROOK: It is a service more so than 17 just release. It's a complete package, so it's additional duties that we're looking at. 18 19 20 MR. SALLEY: Those pretrial systems -- let me ask -- the nomenclature that you're going to be using is __ pretrial release is now a system. MR. SMITH: Yeah, pretrial services. MR. SALLEY: Services. 21 22 23 24 25 MR. COYLE: So you've got your guidance. MS. JEFFREYS: Thank you very much. Gregory Court Reporting Service, Inc. ( ( ( Public Safety Council June 9, 2005 161 D 1 l MR. COYLE, Okay. Good. Are there any other 2 3 4 questions concerning this program? (No response.) MR. COYLE: Then that brings us to new business. 6 Where do we go from here? Does anyone have any other ideas about programs which will benefit this group? Yes, Mr. Mudd. lO MR. MUDD: Commissioner, just -- just because we had this discussion when we were doing the court budget, what we ~- what we've done is when -- when I H got the public defender and the state attorney's budgets, I said, 'Well, where are the additional 12 l3 l4 15 16 17 personnel in order to try to work an expedited system to reduce the jail population?" They said, 'Well, we didn't know because we were still in this process," So I basically asked the folks that were there what they needed, and I got three and two, and what l8 19 20 we've done is we've -- we've taken -- and that -- we talked about paralegals before, but -- but in both n 22 23 particular cases they wanted same attorneys too, so we've put those in those budgets. They're there. There's three personnel in the state attorney's budget, and there's two personnel in the -- in the public 24 25 defender's budget that have been increased. They're l there. 2 3 It's up to the board to -- to -- to approve those next Wednesday, and n and -- and the chief judge is the first person on the docket for the budget, so I figure we could get that done, and you won't forget by then. So -- so those are there. 7 And I believe we're set up and we're trying to work out the office space now for those increased personnel, but -- but I believe we've augmented two staffs in order to try to get ourselves a little bit forward into the process to -- to see how it's going to work out. And maybe it's so successful we find out we need to add more next year, but I -- I figured we'd __ we'd -- we'd get it going in the county so we can mirror a little bit of what's going on with Lee and see lO H U U l4 l5 16 if we can't get some early successes there. 17 MR. COYLE, Okay. Good. Good. JUDGE HAYES, I think -- well -- and then they 18 19 weren't there, but we -- we agreed to take that out of that -- whatever it is -- Sub 1 category or something out of that section. 20 n 22 23 " MR. MUDD, Yeah. What -- what -- what's -- what's interesting the way budgets are done now in the courts because of Article 5, Revision 7 -- the board 25 basically passed an ordinance where you could collect 53 54 55 1 $65 on particular cases. That provides -- oh, that -- 2 that provides about $600,000, okay, in any given year, 3 4 5 6 and it's broken down in quarters. A quarter goes to the chief judge initiatives; a quarter goes to the legal defense fund; a quarter goes to teen court juvenile assessment, which we're working with the clerk 7 8 and -- and the David Lawrence Center on; and then the final quarter goes to the law library, And with those dollars it's taking a lot off of 9 lO H U U l4 l5 the ad valorem burden that we used to have in order to fund, and it's pretty much getting to the point in time it's -- the whole court system's getting to be self-sufficient. I think we only put in about $179,000 out of ad valorem this year into that process, and that -- that's super. And it has a lot to do with those funds. And the n and the chief judge and Mark 16 17 is pretty good about determining where those dollars l8 go, 19 And so we were able to use some of those dollars 20 in order for those five positions, so this turned out n to be very successful. And I'd like to see how that works out so -- and get some metrics as -- as this next 22 23 year goes on as -- as those folks are there to see how 24 25 it helps us with caseload and with jail population. MR. COYLE, Okay. Good. Then we'll get the 56 l report on this study, then, at our next quarterly meeting in September. Now, it's going to take a while 3 to get that program inplemented in whatever form you're agreeing on, but I don't want that to be the only 4 5 program you're working on. There IIlUSt be some other ideas about how we can 6 7 either provide better service, additional services that will benefit our com:nunity, or to do things lOOre 8 9 efficiently. So what I would -- I would ask is that lO between now and September, our next meeting, if you could give some thought to -- to some other ideas or projects we might wish to pursue, then we could take them up at that point in time and perhaps begin moving along a parallel track because at some point in time we're going to get this program either implemented or we're going to get it off the table, and we need have H 12 l3 14 l5 16 17 18 19 20 something constructive to continue working on, so __ yes, sir. JUDGE HAYES, That's why I wouldn't mind if we could put on the -- a future agenda whether, it's n September's or otherwise -- I don't know what to call it, but I -- but the best I think that everybody can 22 23 24 identify with it is what I would call the old Mayor Parcell's. 25 MR. MIDDLEBROOK, Restitution, that one? Gregory Court Reporting Service, Inc. ( ( ( 161 0 1 Public Safety Council June 9, 2005 1 2 3 4 JUDGE HAYES: Well, that was the restitution center, but that's a -- that's the dorm concept -- I don't know -- for lack of a better term. That's not really -- it may not be fair. But it was a consideration that I think that 5 6 7 8 9 Judge Brousseau and -- I don't remember if he was mayor at the time or, you know, former mayor, Mayor Parcell at the time did some work on that. But I think it n as we -- I think that every -- the county cmmdssion, actually, may have agreed to that concept historically, but I believe it may have also been dependent upon the half-cent sales tax, which did not succeed. But. nevertheless, it's an issue that probably 10 11 12 13 14 might still deserve same study from this type of a 15 committee or commission because it's a -- it's a 16 housing issue. It's a cost issue. It's a -- you know, 17 18 19 20 21 22 23 it's a taxpayer issue. So not -- it doesn't have to be September, but somewhere down the line I think that would probably be one that we still ought to go back and pull. I'd be glad to ask Judge Brousseau to bone up on that to come back to maybe speak to that issue __ MR. COYLE: That would be great. JUDGE HAYES: -- at whatever meeting, maybe 24 25 September. MR. COYLE: Let's try in September because we'll 1 -- we'll have Caron's report, and -- and that will give us enough time to have a report of an additional item. 2 3 So if he could arrange to be here that would be great. 4 JUDGE HAYES: Okay. Did you -- did you 5 participate in that study? MR. CAMP: It's been a long time. But didn't we incorporate some of that into the current facility? 6 7 8 9 10 11 JUDGE HAYES: Oh, okay. MR. SMITH: The jail that we're -- again, Greg Smith for the record. The jail that we're about to open in the next 12 13 couple of rronths, one of its COITlPonent dormitories has been styled so that you could utilize it for a 14 work-release restitution center. 15 JUDGE HAYES: Okay. Well, then that's -- you 16 know, that may -- that may actually resolve the issue, 17 18 19 20 but ~~ but I think it's still something to -- worth, you know, just looking at or going back and getting some historical baCkground on that. MR. COYLE, Would you call that the geriatric ring - - wing or what? MR. SMITH, No, it's -- we call it doing life on 21 22 23 24 the installment plan. MR. COYLE, Okay. IS there any other business? 25 Yes, Caron. 57 58 59 1 2 MS. JEFFREYS: Yes, this is Caron Jeffreys for the record. Aside from the sheriff staff and Juan Raroos with 4 our pretrial staff, is there anyone else who has an interest in participating in that subcommittee that 5 6 7 8 9 will look at this? (No response.) MS. JEFFREYS: Okay. Good. That'll make it nice and simple n MR. COYLE: How's that? 10 11 MS. JEFFREYS, -- to coordinate. 12 13 MS. STONE: No Sunshine requirements there. MS. JEFFREYS: No sunshine. Okay. Thank you. 14 MR. COYLE: Are -- are there any other comments or suggestions? 15 16 MR. SALLEY: Chairman. 17 18 19 MR. COYLE: Yes, sir. MR. SALLEY: I had one. MR. COYLE: Scott Salley. MR. SALLEY: I'm sorry. Scott Salley. The group from Irmnokalee would like to make a 20 21 22 presentation sometime in the near future about the 23 24 25 reentry program, and basically what happens they n while they're still incarcerated, they work with them, some of the inmates, and then they pursue their GED 60 1 education, certain types of counseling. And the philosophy behind that is that if they get them back on the street they won't turn -- return 4 to the jail. It's very simple. But they would -- if you'd like to have more information, I'd be glad to 5 e-mail you and -- 7 MR. COYLE: How long do you think the 8 9 presentation would take, Scott? MR. SALLEY: We will force them into 20 minutes. 10 11 MR. COYLE: And, Caron, your report probably would be about 20 minutes next time, wouldn't it? MR. SALLEY: We can hold them off til the next ~_ MR. COYLE: We might -- we might better do that 12 13 14 because if we have some discussion next time with __ 15 16 17 18 19 20 21 with these two issues, it might -- it might be a little crowded. But we can certainly keep it in mind for an agenda in -- MS. STONE: December. MR. COYLE : -- December. Okay? would that be 22 all right for you? Is it critical to making any decisions that we're contemplating here? MR. SALLEY: No, sir. 23 24 MR. COYLE: Okay. All right. Good. Anybody have any other COIlmeIlts or suggestions? Otherwise, we're going to adjourn as soon as we can __ 2S Gregory Court Report1ng Serv1ce, Inc. Public Safety Council June 9, 2005 61 ( what we're going to do is -- is ask Winona to coordinate with you about a meeting date in September, 2 3 probably mid to late September, and we'll try to find 4 one that -- that is as convenient to you as possible. 5 And so we'll see you then, okay? Thank you very Imlch, 6 and we are adj ourned. 7 (The proceedings adjourned at ),50 p.m.) 8 9 10 11 12 13 " 15 16 17 18 19 20 21 22 23 24 25 ( 62 1 2 REPORTER'S CERTIFICATE 3 STATE OF FLORIDA ) 4 COUNTY OF COLLIER ) 5 7 !, Karen White, Registered Professional Reporter, 8 certify that I was authorized to and did stenographically 9 report the foregoing proceedings and that the transcript is lOa true and complete record of ft1Y stenographic notes. 11 12 13 14 15 16 17 18 19 20 21 22 23 ( 24 25 Dated this _ day of 2005. Karen White, RPR 161 D 1 . Gregory Court Reporting Service, Inc. 16K2 MEMORANDUM Date: February 7, 2006 To: David C. Weigel, County Attorney Office of the County Attorney From: Heidi R. Rockhold, Deputy Clerk Minutes & Records Department Re: Amendment to Memorandum of Agreement/Letter of Understanding Enclosed please find two (2) certified copies of the document, as referenced above, (Agenda Items #16K2). approved by the Board of County Commissioners on Tuesday, January 24, 2006. If you should have any questions, please contact me at 774-8411 Thank you. Heidi R. Rockhold Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 K 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 docllments ~hould he hand deliver~d 10 lhe Board Of/ice. The completed routing slip ,md original documents are 10 be forwarded to the Board Office only uftc-r the Board has taken action no the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, ancilor information needed. If the document is already complete with the exception ufthe Chairman's silmature, draw a line through foutine: 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. 1\'\(\" - I /l ~),ft ('\ C\( -.'\ LC "r L '" -1 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees ahove, including Sue Filson, need to contact staff for additional or missing information All original d(KUments needing the Bee Chairman's signature are to be delivered to the BCe office only after the BCe has acted Lo approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attac hed ')(1 .i'" r 1 '- ,. . ,\~ 1,' Phone Number I' \. '/' II \0.., ( Yes (Initial) N/A(Not A Jicable) ~ " ,\V " (?_(' .J' c ( Agenda Item Number 11 ,/) " \,1 {~\ i1 \' II! I' \l....I..'( '\ t'\ r-e Number of Original Documents Attached Forms/ County Forms/ HCC Forms/ Original Documents Routing Slip WWS OriginaI9,OJ.04, Rcviscu 1,26.05. Rcviscu 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, re~olutions, 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 BeC 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 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 BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC onU> ,( (. (denter 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 16K2 Amendment to Memorandum of AgreemenULetter of Understanding This is an Amendment to Memorandum of Agreement/Letter of Understanding between the Office of the County Manager and the Pelican Bay Services Division Board. In so far as the common good of the residents, businesses, commercial or other interests located in the community of Pelican Bay can be furthered and advanced by the activities of a Municipal Service, Taxing and Benefit Unit; and to that end the most efficient method of operation is to allow the Pelican Bay Services Division (PBSD) Board those powers and duties as may be necessary to achieve the benefits related to those purposes described in Section Thirteen of Ordinance No. 2002-27, as amended, the Office of the County Manager does make this declaration: I. That the Functions. Powers and Duties of the PBSD Board as listed in Section Thirteen of Ordinance No. 2002-27, as amended, are a list of the responsibilities of this Board. 2. That the County Manager shall accept the direction of the Pelican Bay Services Division Board in its exercise of decision and control of the day to day operations relating to the purpose and powers of the Pelican Bay Municipal Services, Taxing and Benefit Unit in conformance with Section Thirteen of Ordinance No. 2002-27, as amended, to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. 3. That all ultimate administrative and ministerial powers, duties, responsibilities, decisions, and control related to the operations of the Pelican Bay Municipal Services, Taxing and Benefit Unit are appropriately retained by the Office of the County Manager, in conformance with County Ordinances 93-72 and 95-49 (Collier County Administrator Ordinances), under the policy direction of the Board of County Commissioners sitting as the ex-officio Board of the Pelican Bay Municipal Services, Taxing and Benefit Unit. Entered into thisd4~ay of ~~_, 2006. 9 ~~ CJu~Qla,~ James V. Mudd Qmes Carroll, Chairman County Manager Pelican Bay Services Division Board NIJ"rftJt.I"t f-/:' A-5 "t'P /oA.~, (!'A~LfJ~L'S 51f,f,)/I'fw,H David C. Weigel County Attorncy ');~ 7(. ~ M1+fe./IttU:;;::. tL?~I.' 1)1/:).'-/ );).pe;b 05-000-00002J1~ ' : :;';'.,:/,'1 ,.-,...,._......-~" ~-.~/ I?j~.~,...~~\.~. ATTEST..... . .-, DWIGHJ~. BROCK. CtERK,:' loW ~ J '. , " , ~' Ma<<~ll~tt.~)rNn' s .ttHtllfe 0111 y. ,JlC MARIAN R. COLLI NOTARY PUBLIC. STATE OF flLORlDA COMMISSION # 00242972 EXPIRES 0811912007 BONOEOTHRU 1-888-NOTARV1 f~<<> J:-b: pL I>L.. c!(,'ftJ-441 -~l JfJo-O 16K2 Amendment to Memorandum of Agreement/Letter of Understanding This is a Memorandum of Agreement/Letter of Understanding between the Collier County Board of County Commissioners and the Pelican Bay Services Division Board. In so far as the common good of the residents, businesses, commercial or other interests located in the community of Pelican Bay can be furthered and advanced by the activities of a Municipal Service, Taxing and Benefit Unit; and to that end the most efficient method of operation is to allow the Pelican Bay Services Division (PBSD) Board those powers and duties as may be necessary to achieve the benefits related to those purposes described in Section Thirteen of Ordinance No. 2002-27, as amended, the Board of County Commissioners do make this declaration: 1. That the Functions, Powers and Duties of the PBSD Board as listed in Section Thirteen of Ordinance No. 2002-27, as amended, are a list of the responsibilities of this Board. 2. That the Board of County Commissioners shall accept the direction of the PBSD Board in its policy decisions relating to the Pelican Bay Municipal Service, Taxing and Benefit Unit in conformance with Section Thirteen of Ordinance No. 2002-27, as amended, to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. 3. That all ultimate policy making powers of the Pelican Bay Municipal Service, Taxing and Benefit Unit are reserved unto the Collier County Board of County Commissioners sitting as ex-officio Board of the Pelican Bay Municipal Service, Taxing and Benefit Unit pursuant to Florida Law. Entered into this ~ day of 3G."v ru-'-j , 2006. -~~ ('".-;:~;:,~:- ~..c --_.~~- -..- -- r ~ ~ Frank Halas, Chairman Board of County Commissioners ames Carroll, Chairman Pelican Bay Services Division Board Approved as to form and legal sufficiency: &~~:;~ County Attorney JJ (;TNLl'Z_UJ It,!, T() M~, ClAAJt..llLl,'S EU"",",U^-f. Stt~ r ~ ~/J')V/:M()b MA .e.141\J :J(, C!cU( 05.000.00002/11 MARIAN R. COLLI NOTARY PUBLIC. ST....TE OF fLQM)A COMMISSION # 00242972 EXPIRES 0811912007 BONDEDTHRU 1.a88-NOTARY1 . \~ \' :; ~'/ ~, .' \'4"0" . ,-".i,l" .;.. "-"> ". ;-', ~. . ATTEST" . . " , . '. .... DWIGHftt:'BRbcK, CIl:R~~ '. ..- :w;;3 (2,h. : rv- '"'0- I u.... M;~~~:f~tr.an' s .tlAlturt"C)I\h. jJ.etJ/)uc.1:> ':l'l:>: FJ.-l'>L c.~'io-~'tI-c2l_Lj~O-l> COLLIER COUNTY FLORIDA 1 7 A REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS -, . , T.): Cl'Ilrk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: ***..**************************************************************************************************** Originating Dept/ Div: Comm.Dev.Serv./PlanningPerson: Kay Deselem Date: Petition No. (If none, give brief description): RZ-2005-AR-7825, Mandalay Place Petitioner: (Name & Address): Butler Engineering, Inc., J. Gary Butler, 2223 Trade Center Way, Naples, Fl. 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mandalay Place LLC, John T. Mahoney, 100 Pearl Street, Bridgewater, MA 02324 Hearing before BCC BZA Qther Requested Hearing date:--, 1/24/06 c. Based on advertisement appearing li.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: 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, 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: J, Al^,"" ~ ~epartmentH~ I List Attachments: rzJg!. ,- ~ 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 snbmitting 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: Date Advertised: 17A . ORDINANCE NO. 05 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM THE ESTATES (E) ZONING DISTRICT TO THE RESIDENTIAL SINGLE- FAMILY-5(3) (RSF 5[3]) ZONING DISTRICT WHICH ALLOWS 3 DWELLING UNITS PER ACRE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, John T. Mahoney of Mandalay Place LLC, represented by J. Gary Butler of Butler Engineering, Inc., petitioned the Board of County Commissioners, in Petition Number RZ-2005-AR-7825, to change the zoning classification of the subject 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 real property more particularly described in Exhibit "A," attached hereto and incorporated by reference herein, and located in Section 23, Township 49 South, Range 25 East, CoIlier County, Florida, is changed from the Estates (E) Zoning District to the Residential Single-Family 5(3) (RSF 5[3]) Zoning District which allows a maximum of three (3) dwelIing units per acre and the appropriate zoning atlas map or maps, as described in Ordinance 2004-41, as amended, the ColIier County Land Development Code is/are hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions contained in Exhibit "B," attached hereto and incorporated by reference herein. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. Page 1 of2 17A . PASSED AND DULY ADOPTED by super-majority vote 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: Jennifer A. Belped 0 Assistant County A RZ-2005-AR-7825/KD/sp Attachments: Exhibit "A"-Legal Description Exhibit "B"-List of Conditions Page 2 of2 17A . .M6al Description As provided by ciient (Commitment #1441313) Exhibit A (File 1/64-2004-7579) The North 305' of the Eost 1/2 of the NORTHEAST 1/4 of the SOUTHWEST 1/4 of the NORTHEAST 1/4, Section 23, Township 49 South, Range 25 East, Collier County. Florida Together with an Access and Utility Easement, 60 feet wide lying 30 feet on each side of a line dividing the East 1/2 and. the West 1/2 of the said NORTHEAST 1/4 of the SOUTHWEST 1/4 of the NORTHEAST 1/4, Section 23, Township 49 South, Range 25 East, excepting the North 305 feet thereof. Mandalay Place RZ-2005-AR-7825 Exhibit "A" 17A . MANDALAYPLACEREZONE RZ-2005-AR-7825 CONDITIONS OF APPROVAL I. Prior to the issuance of the first Certificate of Occupancy, the developer shall provide a Type B buffer along the northern and eastern property perimeter boundaries that contains trees that are a minimum of 14 feet high at time of planting. The trees must be set at 25 feet on center. Along the northern boundary, all required trees must be oak trees. 2. Principal and accessory structures abutting the Hawksridge shared property boundary shall be limited to a maximum height of 25 feet, and the structures shall be limited to a maximum of two stories. 3. Prior to the issuance of a Certificate of Occupancy, the developer, or its successors and assigns, shall pay to the Collier County Affordable housing Trust Fund the sum of $1,000 for each residential unit. The payment of this sum set forth shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. 4. Accessory structure setbacks shall be the same as the principal structure setback. Note: The conditions listed above are only applicable to that portion of Mandalay Place that is described in the legal description for this rezone petition. Revised 12/1105 Conditions of Approval Exhibit B RZ-2005-AR-7825 01/03/2005 12~13 23%435%8 COLLIER en ZONING Pi\GE 02/05 17A . COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 1'", Clerk to tbe Bo.rd: Pl..... place tbe lollowing as s: xxx Normal Legal Advertisement Other: ........**.**w*....*..w....***.*..***.*.w.~.~*.....***k***+*****.~**~~.***.t...w***.*.**.*~.****..**1..w* Originatiog Dept! Div: Comm,Dev,Serv,,'PJalUlinllPerson: Ka,' De..lem Date: Petition No. (If none, giw brief description): RZ-2005-AR.7825, Mandalay Place Petitioner: (Name & Addrea.): Butler Engineering, Inc., 1. Oary Butler, 2223 Trade Center Way, Naples, FI. 34109 Nome &; Addreas of any person(s) to be notified by Clerk's Of lice: (If more 'Pace is needed, at1ach separate sheet) Mandaloy Pl.ce LLC, Jobn T. Mahonoy, 100 Pearl Sl1'C<>I, Bridgewater, MA 02324 Heating before BCC BZA Qther Requesled Hearing date:~ 1/24108 ..~__ Based on advertisement .ppearingJAdays before hearitJ&. Newspapel\S) to be used: (Complott only if important): XXX Napl.. Daily New, Other Legally Required .Proposed Text: (Include legal description & common location" Sizc): Petition: az,.20os.~R.7825, M.ndalay Place LLC, represented by Gary Butter, of ButIer Engineering, Inc.. roque.ting. rem.. from the Estates (E) zoning distriet to the Residential Single-Family (RSF 5(31) zoning district which allows 3 dwelling unit, per acre. The subject property, consisting of 2.3] acres, is located at 3111 Balley Lane, in Section 23, Township 49 South, Range 2S Eas~ Collier County, Florida. Companion petition(s), if any & proposed hellring dotO; Docs Petition Fee includ. ad.ertising cost? Ve, 113-138312-649110 No If Yes, what account should be charged for advertising costs: Reviewed by: ~ ~,41&--. ~ _ ;Department H~ I I : -- List Atlachmen:s: Approved by: County Man'.ller Date DISTRIBUTION INSTRUCTIONS A. For ~earlngs before BCC or BZA: Initiating person to complete one COpy and obtain Division H.od approval bdon submitting to Conty Manager. Note, If legal docnment Is Involved, be sure that any .......roy legal revie.., or request for same, is submitted to County Attor.ey before submitting to County Manaller, The ManaKer's ofllee wlll distribute topics' County Manager agenda file: fo Requesting Division Originsl Clerk's Office B. Other hearings: lnitiating Division head to approve and submit original to Clerk!! Office, retaining a copy for fib. .~~..*ft*..*..*.+~.***.***r.***.*****~***.**.*****~**~*~.~*.*~Wft~.*.M..~.*W**.**.**~*~*~*~W**.**..*~W*~ FOR CLERK'S OFFICE USE ONLY, .Date Receiveil: 1- 3-01,0 Date of Public hearing: 1-.;)t.J-Dle. Date Adveltised: (-If-Ole al/83!2J05 :5:52 239;'-t3595a COLLIER (;1"''' ZONIN(j; lAGE7'A . ORDr.-IANCE NO. 06 - AN ORDr.-IA:-:CE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA. AMENDING ORDINANCE NUMBER 2004-41, AS !'uV1ENDED, THE COLLfER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE lONING REGULA TlONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED IN SECTION 23, TOWNSHIP 49 SOUTH. RA\1GE 2S EAST, COLLIER COtNTY, FLORIDA. FROM THE ESTATES (E) lONING DISTR;CT TO THE RESIDENTIAL SINGLE. FAMIL Y-5(3) (RSF 5[3]) ZONING DISTRICT WHICH ALLOWS 3 DWELLING UNITS PER ACRE; PROVIDING FOR STAfF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDE FOR AN EFFECTIVE DA IT. WHEREAS. John T. Mahoney of MandaJ,.y Place Ll_C, represented oy J Gary Butler of Butler Engineering, Inc., petitioned the Board of COltr:lty Comrnissiom:rs. in Petition Number RZ~2005-AR-7825. to change the zoning classification of the s'Jbject real property. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that, SECTJJ:lli.illflt The zoning classification of the real property more particularly described in Exhiblt l'A,'1 attached hereto M,d incorporate<: by reference herein. acd located in Section 23, Township 49 South, Range 25 East, (oil1" County. Florida. is changed from lbe Estate, (E) Zoning Di'trict to tbe Residcntial Single-Family 5(3) (RSF 5[3]) Zoning Disrrict whkh allows a maximum of~hree (3) dwelling units per acre and the appropriate zoning atlas map or n1ap$. as dcscrihed in Ordinance 2004-41, a.s fUIlcnded, tbe Collier County Land Devdopment Code is/are hereby amended accordingly. The herem described real property is the same for which the rezone is hereby approved subject to the conditions contained ill Exhibit "B, ,. attached 'hereto and incorporated by refercnce herein. SECTION TWO, Ths Ordinance .!iihall become effective upon filing with the fl(lT:ida Department of State. Paa:e t on 01/03/2005 12::3 23%435%8 COLLIER CTY ZONING 17AE 04/05 . PASSED AND DULY AOOPTIID by super-majority vole by lb. Boord of County CommissiooOl'll of Coili.r Counly, Florida. this doy of 2006. ATTEST; DWIGHr E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COT-LJER COUNTY, FLORIDA BY: Deputy Clerk :, CHAIRMAN Approved. .. to fom and legal sufficiency: \CU\fi~~~-- Jennifer A. Belped.o Assistant County A . ",,')' R7.,.z60'-AA.182~1t:DI., Attachments: ElIhibit "A"-LepI Description Exhibit "B"-List of Conditions Pa.,crc:2of2 01/03/2005 12:13 2335435958 COLLIER CTY ZONING PAGE 05/05 17A . U6al DetmrlJltiQD. As provfd~ by cilent (Commitment #14.4131:1) Exhibit A (AI. 164-2004-757(;) 71le Norlh.JO" of tne Cost 1/2 of tho NOR'fHEAST 1/4 or the SOU7HI~ST 1/4 of tho NORTHEAST 1/4. S.dion 23, TOWMShip 49 South, Rang. 2t5 Eo.t, Collier County. Fler/da , Togetf..r with on Acesss and Utility l:as.m.nl. 60 f..1 wide lying :10 'e.t on Mch .Id. 0' a tine dividing the cost 1/2 cnd ~i. West 1/2 of the sold NORTHeAST 1/4 of the SOU7HWEST 1/4 of ths NORTHEAST 1/4. Section 23. Township 49 South, Ran~. 2t5 East. excepting ths North JOS f..t In.,.sof. Mandalay Place RZ -2006-AR-7825 Exhibit "A" 01/03/2005 12:13 23%435%8 COLLIER CTY ZCNING MANDALAYPLACEREZONE RZ-200S-AR-7825 CONDITIONS OF APPROVAL 1. Prior to the: isstumee of the first Certificate of OccLJpancy. t.he developerllhllll rrovidea Type B bulTer ,Ioni' tho northern ",d eutom properlY porimeter bound.,;e, t~.al cont.in. tr... th.t ar. . minimu.tn of 14 f.el hiih .1 time of planUnK. The tr"". muat b. ,et .t 25 foot on ""nltr. Along tl,. Mrthem boundary, all required tree, mu,t \le oak trees. 2. Principal tIlld acces.ory _ClUte. abutting the Hawk,ridg. ,hared property bound..ry shall be limited to a maximum.height of 25 feet, and the structures ~hllll he li".,it.ed to s. mf.lximum of two stori... 3. Prior to the i..U&lec of, Certific.t< of Occupancy, the developer. o. it. su...sso.. and assigns_ ,hall pay to the Collier County All'ordable hou.ing Trust Fund the ,urn of $1.000 for .ach resldenti.1 unit. 1110 p.yment of thl, sum set forth shall .ette.! a eredit 10 the project', ohfig:nti.ons to pay fees t.hnt may be adopted in the ftJturc by th~ County relating to the provision ofatl'ordable or workforce housing. 4. Accessory stTucture .setback.' shall be the S(I.me as the principal structure setback. Note: The conditions listed above lit< only applic.ble In that portion of Mandalay Place I"," is described in tne leg.1 descriprlon for tlli~ rezone petition. Revised 12/1/0S CondltlDn. of Approval !xIIlblt B RZ"2DD5-AR-71125 PAGE 05/05 llA '. i"" . 17A . January 3, 2006 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: RZ-2005-AR-7825; Mandalay Place Dear Legals: Please advertise the above referenced notice on Sunday, January 8, 2006 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./Account # 113-138312-649110 17A . NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, January 24, 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 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM THE ESTATES (E) ZONING DISTRICT TO THE RESIDENTIAL SINGLE-FAMILY-5(3) (RSF 5 [3]) ZONING DISTRICT WHICH ALLOWS 3 DWELLING UNITS PER ACRE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDE FOR AN EFFECTIVE DATE. 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, Collier County, Florida Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are 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. 17A . 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 COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts 'Cou"jity-ofG01,lier "l:.. '.-____ ' CLERK OF THB GtRClJ1T COURT COLLIER COUNTY QoURTI'j,PUSE 3301 TAMIAMI T1,lAIL EA<ST . P.O. BOX 4~~044\ NAPLES, FLORIDA '3,1101-3044 '" t.( I ~; I --::',:"" } 17A . Clerk of Courts Accountant Auditor Custodian of County Funds " ( ...;--;.1 January 3, 2006 J. Gary Butler Butler Engineering, Inc. 2223 Trade Center Way Naples, Fl 34109 Re: Notice of Public Hearing to consider Petition RZ-2005-AR-7825; Mandalay Place Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 24, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 8, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~*~~Q(-. Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.cIerk.collier.t1.us Fax - (239) 775-2755 Email: coIliercIerklalcIerk.collier.t1.us Dwight E. Brock Clerk of Courts COllIify-ofG0"Uier ',.~- \. CLERK OF THE G~RCU:IT COURT COLLIER COUNTY ~URTPJ.p. USE 3301 TAMIAMI T L EA'ST ~, ", . P.O. BOX 4 ~044 \ NAPLES, FLORIDA ~ftlOl-3<Pf4 t< I llA ,'",!\. I:;. . ,.O?{!;;, } . ( 2;-1 / Clerk of Courts Accountant Auditor Custodian of County Funds January 3, 2006 Mandalay Place, LLC John T. Mahoney 100 Pearl Street Bridgewater, MA 02324 Re: Notice of Public Hearing to consider Petition RZ-200S-AR-782S; Mandalay Place Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 24, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 8, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ~~.o.(. Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.cIerk.collier.ll.us Fax - (239) 775-2755 Email: colliercIerklalcIerk.collier.ll.us Ann P. Jennejohn To: Subject: Attachments: Good Afternoon, li'A legals@naplesnews.com RZ-2005-AR-7825 Mandalay Place RZ-2005-AR-7825.doc; RZ-2005-AR-7825.doc Please advertise the attached on Sunday, January 8, 2006. Thank you, Ann 774-8406 ~ RZ-200S-AR-782S. doc (23 K8) RZ-200S-AR-782S. doc (24 K8) 1 ... *iI. 17A c Ann P. Jennejohn From: Sent: To: Subject: ClerkPostmaster Tuesday, January 03, 2006 4:05 PM Ann P. Jennejohn Delivery Status Notification (Relay) Attachments: ATT1815793.txt; RZ-2005-AR-7825 Mandalay Place [] D ATT1815793.txt (229 B) RZ-2005-AR-7825 Mandalay Place... 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 RZ-2005-AR-7825 Mandalay Place Ann P. Jennejohn From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Wednesday, January 04, 2006 8:29 AM To: Ann P. Jennejohn Subject: RE: RZ-2005-AR-7825 Mandalay Place OK -----Original Messagemn From: Ann P. Jennejohn [mailto:Ann.Jennejohn@cierk.collier.fl.us] Sent: Tuesday, January 03, 2006 4:05 PM To: legals@naplesnews.com Subject: RZ-2005-AR-7825 Mandalay Place Good Afternoon, Please advertise the attached on Sunday, January 8, 2006. Thank you, Ann 774-8406 <<RZ -2005-AR-7825.doc>> <<RZ-2005-AR-7825.doc>> 1/4/2006 17A Page I of 1 . () NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in CoIlier County, Florida; distributed in CoIlier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper I time(s) in the issue January 8th, 2006 Atliant further says that the said Naples Daily l'\ews is a newspaper published at 'S"aples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and I,cc counties of Florida, each day and has been entered as second class mail matter at the POS! otlice in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pUll'osc of securing this advertiscm....nt for publication in the said newspaper. ;6, --1 ( Signature of affiant) Sworn to and subscribed before me This January 9th, 2006 1 ~. '",,-,-Lt., r5..<~u'>->^& (Signature of notary public) /: "'~-;;'~~'f~;;', Harriett Bushong t:rb."f:;, MY COMMISSION # DD234687 EXPIRES '"..J!I!k..., Ju~ 24, 2007 -:::j-''Oo';'\'<f,:'':- nONDEDTHRUTRllVFAININSLlRANCE,INC ""..l' ~~If,zci'm':~rri CONSIDER ORDINANCE I NotIce Is herein' I I that on TUESDAY, ,ve~ j ary 24, 20'06. fn ~nhu Boardroom 3rdFf ' ell Admlrl1stratlon ,BUUJtg~', Collier County Govern:' ment Center, 3301 East Tamlaml Trail. Naples FlorJda, the Board of County Commissioners will con.lder the enact. ment ofa cou~ Ordl. ~='en~ a'reg.~g A w~1 The title of the p;o: Posed Ordinance Is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORI. DA, AMENDING ORDI NANCE NUMBER 2004-41' ~L U ,-.-: LIER--C-OUNTY "'AND DE'-; VElOPMENTCODE WHICH ESTABLISHED THE COMPREHENSIVE Z,ONING REGULATIONS OR THE UNINCORPO, RATED AREA OF COLLIER COU"ITY', flORIDA BY AMENDING THE APPRO- i PRIAtE lONING ATLAS MAp- OR MAPS TO CHANGE THE: ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LO- ~'OTWEDNSH'N SECTION 23 IP 49 SOUTH' RANGE 25 EAST. COLLII::1i COUNTY FLORIDA FROM THE ESTATES(Ej TZHONING DISTRICT TO E RESIDENTIAL SIN. GlE-F4MIL Y.S(3l (RSF 5 [3]) ZONING DISTRICT W1HCH ALLOWS 3 DWELLING UNITS PER 'STe.R,Ei PROVIDING FOR I' AND 'PLANNING fPO~~I$SfON. STlPUl,A- FOR AN;I!F~&:ERgA~~E Petition: RZ.2005~AR_ 7825. Mandalay Place LGLC, represem.d by ary Butler,.. Of .l.Itler qEngl,ln,Urlng,lnc" re- ues ng a re,zOtqJ' frQm dthe Estates tEl ZQnlng fstrlct ta the Residei'l- I tlat Single-Family (RSF 5~p ZOning dIstrict w .'cM anows 1,= rre~r ..~, ~c,.c'ortSlst , of 2.~: I, loc.'l:iS S.t ',1UBaUey lane lri : ect on 23, TownshiP' 49 South. Range 25 East _~.QWef"Coun florida . Copies of the proposed Otdlnance are on file WIth the 'Clerk to the 'Board and are available or Inspection, All Inter- ested parties are Invited to attend and be heard. k 17 it .... t'; rOTE: All persons wish-I ng to Speak on an agenda Item must reg,i.1 ter with the County ad I mlnlstrator Prior to pre.! Ftentatlon of the agend~ II em to be addressed be'ndlvldual speakers wllj limIted to 5 minutes on . any Item; The set : tlon of an Individual e:;; speak on behalf of an ~~ganlzatlon or?roup is niz~~Ub~i~~ cthaI~~~1 a spOkesperson for ~ group or organization may be allotted 10 I ~:~~ to. Speak on m an~,1 .er,s!tons WiShing to have;' wr en or gr~hlc .' terlals InCluded' In Tt Board agenda k e must submIt sfJ~C ets terlal a minimum g;~ weeks prior to the reo spectlve pUblic hearing In any case, written . terlals Intended to 'W'; considered by the. BOard shall be SUbmitted to .~~eff8pproprlate County a a mInimum of sev- g~brfcar:~ri~o,r lfl ~~e terlal used In . . tlons before t~~~eo"at;'dl will become a perma. nent Part of the record. , Any pet'$on who decIdes i ~g appeal a decision of e Board will need a re- cord of the proceedl flhertalnlng thereto ~~ erefore, may need to ensure. thatt a verbatim record of the proceed. lOgS Is, made, which reo Cord Includes :the testl. mony andevidenc ' ~Pbon whIch the appeail IS ased. SQARD- OF'C.o-u---~.- COMMISSIONERS NT Y K8k15! E R ~ COUN.TY, FRED COYLE. CHAIRMAN DWIGHT E BROCK' CLERK.' , ~~; c~~R JenneJohn. ~Il- (SEAL) Jan. BNo. 1291983 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO , . . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on lhe item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the exec tion of the Chairman's si nature, draw a line thrau h roulin lines #1 thrOll #4, com lete the checklist, and forward to Sue Pilson (line #5). Route to Addressee(s) Office Initials Date List in routin order) l.Sandra Lea CDES Administration 2. J ~ 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder afthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact staff tor additional or missing information. All original documents needing the Bee Chairman's signature are to he delivered to the BCe office only atter the Bee has acted to approve the item. 6. Minutes and Records Clerk of Court's Office 213-2931 17A Yes (Initial) N/A(Not A licable) Kay Deselem Phone Number r1 ;tJfj/ 1: Formsl County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 January 24. 2006 Agenda Item Number Ordinance -01- Number of Original Documents Attached 2.('5 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 !Torn ordinances. resolutions. etc. signed by the County Attorney's Office and signature pages !Torn 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 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 !Tame or the BCe's actions are nullified. Be aw re 0 ur deadlines! The document was approved by the BCC on I J,' 0 entcr date) and all changes made during the meeting have been incorporate in he attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. 17A ORDINANCE NO. 06 -0 ~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT PROPERTY LOCATED IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM THE ESTATES (E) ZONING DISTRICT TO THE RESIDENTIAL SINGLE- FAMILY-5(3) (RSF 5[3]) ZONING DISTRICT WHICH ALLOWS 3 DWELLING UNITS PER ACRE; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, John T. Mahoney of Mandalay Place LLC, represented by J. Gary Butler of Butler Engineering, Inc., petitioned the Board of County Commissioners, in Petition Number RZ-2005-AR-7825, to change the zoning classification of the subject 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 real property more particularly described in Exhibit "A," attached hereto and incorporated by reference herein, and located in Section 23, Township 49 South, Range 25 East, Collier County, Florida, is changed from the Estates (E) Zoning District to the Residential Single-Family 5(3) (RSF 5[3]) Zoning District which allows a maximum of three (3) dwelling units per acre and the appropriate zoning atlas map or maps, as described in Ordinance 2004-41, as amended, the Collier County Land Development Code is/are hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions contained in Exhibit "B," attached hereto and incorporated by reference herein. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. Page 1 of2 17A PASSED AND DULY ADOPTED by super-majority vote by the Board of Conn'y Commi,"o~ of Colli" Conn'y, Flmid., <hi, :l</ ~"y of f~(j 2006. ATTEST: DWIGHT Ed~RQGK, CLERK <" _,0- . '. . . . , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA <." -,' 11~^'(]~' OC ;, " ,"" " ' puty Clerk AttHtGIS\.to Chal,...n' s stOlltlrt OflJy. BY: ~~~ ~ HALAS, ~ill',N Approved as to form and legal sufficiency: Jennifer A. Belped 0 Assistant County A RZ-2005-AR-7825/KD/sp Attachments: Exhibit "A"-Legal Description Exhibit "B"-List of Conditions Item # 17f1- 1~'2L{ ~~ Agenda Date Page 2 of2 17A Mlal Description As provided by client (Commitment #1441313) Exhibit A (File #64-2004-7579) The North 305' of the East 1/2 of the NORTHEAST 1/4 of the SOUTHWEST 1/4 of the NORTHEAST 1/4, Section 23, Township 49 South, Range 25 East, Collier County, Florida Together with an Access and Utility Easement, 60 feet wide lying 30 feet on each side of a line dividing the East 1/2 and. the West 1/2 of the said NORTHEAST 1/4 of the SOUTHWEST 1/4 of the NORTHEAST 1/4, Section 23, Township 49 South, Range 25 East, excepting the North 305 feet thereof. Mandalay Place RZ-2005-AR-7825 Exhibit "A" 17A"" 'I MANDALAYPLACEREZONE RZ-2005-AR-7825 CONDITIONS OF APPROVAL I. Prior to the issuance of the first Certificate of Occupancy, the developer shall provide a Type B buffer along the northern and eastern property perimeter boundaries that contains trees that are a minimum of 14 feet high at time of planting. The trees must be set at 25 feet on center. Along the northern boundary, all required trees must be oak trees. 2. Principal and accessory structures abutting the Hawksridge shared property boundary shall be limited to a maximum height of 25 feet, and the structures shall be limited to a maximum of two stories. 3. Prior to the issuance of a Certificate of Occupancy, the developer, or its successors and assigns, shall pay to the Collier County Affordable housing Trust Fund the sum of $ I ,000 for each residential unit. The payment of this sum set forth shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. 4. Accessory structure setbacks shall be the same as the principal structure setback. Note: The conditions listed above are only applicable to that portion of Mandalay Place that is described in the legal description for this rezone petition. Revised 12/1/05 Conditions of Approval Exhibit B RZ-2005-AR-7825 17A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006-02 Which was adopted by the Board of County Commissioners on the 24th 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 25th day of January, 2006. DWIGHT E. BROCK '~ 1-' Clerk of Courts ahti"Clerk Ex-officio to BO~fd o~ ~ County Commissi~hers ~.Q.~,~e ~)) Heidi R. R~t_~i1?id';' Deputy Clerk 01/03/2005 11' " . d, 23%435%8 --------. .. COLLIER CTY ZDNING 1 iGB 02/04 . COLUiR COUNTY FLORIDA. REQUEST FOR LEGi\L ADVERT151J'1G OF PUBLIC HE.~IlING5 Other: (Pi$pl.y Adv" loc.tion. olc.) To' CierI< to the Bo.reI: }'Ie..o pl.ee tht following a." }lorma1 legal Mverlisemet\1 ......................................~....................'""......................................... Oriz;nating Oept! Pi\'. comot.Dev,serv.lPlannlol person: KlI)' OeOe~D.te: 113106 poliliao No, (If none. give brief des<:ription): 5&05-AI'.81526 Pelitioner: (Name &. Addre"): Att.: al'llce Tyson. RLS, AIel', Wil.onMllIcr, 3200 Baile)! Ll\I\e, Napl., Fla. 34 \05 Nllme & Addre.s or anY person(') to be nOtined by Clerk'. Office: (lf1'oore .pace is needed, attach separate ,hee:) Hearing befon, Rel\utsttd Htaring dale: lMot. B_d on aGvertiscmetlt ""pearing 1.t days before ncar\ni. Bee x BZA_______ Other New.paper(') 10 be used: (Complete only if import.nt): o LegallY Rel\uired xxx Napl.. Daily News . t: In e Ie 01 fon. m 0 517.-,. Petition: SE.lOOS-AR.SIi26 llarron CoIII.r Compaole., repre.ented by Bru.e E. Ty.on, RLA, AICp, ofWilsonMi!ler, reque.ting a strivener" Error in Ihe Winding eypr..' DRl. to oorrect a serivenor'. error in the number and type of ".identia' unit! a[](>wed by said ORI Development Order. 'The .ubJect property is loe.ted ,n Section 26, Township 50 Soulh, Range 25 Eest, Collier County, Florid.. Other Does Petition Fee inelude advertising co,l? lQ!.. Y.s 0 No If Yes, what.ceount should be charged for advertising oo,t,: 113_138312-649\10 Reviewed by: Approved by: Division Head Date - County Manager Dal' ,\ " h DISTRIBUTIO"; INSTIlUCTIONS . ,or ..rlnll' b.rore Bce or BZA: Initiatin erson to e . . submitting to County Manager Note' If I. g PI d omplete one.oy and oblain Division Head .pprova' belore r . . .' ga oeUlDent i. involved be .ure th t or .am., "sUbmitted to Counly Mtomey before submitt;n I C '. M · any n..essary legal review, or requelt .0p'.S: g 0 ounty I. anager. Tbe Manager'. olli.. will dlstribut. o Coullty Manager agenda file' to CI.rk'. om.. . o Reque.ting Division o OrIginal B. Qlh.r\'.....Ings: Initiating D' ,. h ..........................~~~~~.:;,..<l.~o approve ond subt'nil original to Clerk's ' . FOR CLERK'S OFFICE US!!. fiI.,...~.*ww.....*****""'*...."..,..fl**....'*..;:ffice. l'etammg. a copy for file, ONLY' ......................... ***".~-/o*. Dote Received\-:'b" ~ Date of Public he.ring:J-.~ I~ '1"'''' - ~Date Advertised: J ~<6 -Jt/.::J.() --.. - -_.-- 2~%43b9SS ~ COLL:ER I~-'''' zmwlG PAGE ;:13/001 17B . 01i03:2[:H3E>lJ.: 47 RESOLUTION NO. 06- A RESOLUTION Of rHE BOARD OF COeNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING RESOU.JTION NUMBER 02-302 (DEVELOPMENT ORDER 02-0]) THAT A.V1ENDED RESOLUTION NUMBER 99-467 (DEVELOPMENT ORDER NO 99-4). FOR THE WINDING CYPRESS DEVELOPMENT Of REGIONAL IMPACT (DR]). TO CORRECT A SCRIVENERS ERROR IN THE NUMBER AND TYPE OF RESIDENTIAL UNITS .~LLOWED BY SAID DR! DE VFLOPMENT ORDER. WHEREAS, the Collier County Collier County Board of County Com.missi.oners adopted Resolutlo'l No. 02-302 (Development Order No. 02-01 for the Winding Cypress DRl), on June 25. 2001; and WHEREAS, following said action adoptirli Resolution No. 02~3021 Planning Staff del:{.-nnir.ed that the Resolution was not revised to be coosiSlent witl'l th..: pun Document that removed references to specitic numbers for the different residential dwelling unit types as was inteucied, therefore constituting a scrivener's error, NOW. THEREFORE. BE n RESOLVED BY THE BOARD Qt. COUNTY COMMlSSIONERS OF COLLIER C()L'NTY. FLORIDA. that; SECTION ONE; SCRNENER'S ERROR AMENDMENT FindiniS of Fact. Section 4.A. of R~solution Number C'2~302 (Development Order No. 02-01) for ,he: WindiIli Cypress DRl IS hereby amended. to COl'T~t a scriveners error by amending said section to read 2IS follows: "'"" A tet:a1 Bi2.R9J re!liae1l1ial ~i'.llittl ua.its 3u19jeet te t:Ja. F1fEJ,i!!liulS ef~N8i'El:(!IB 4,) ] Ruea'f, sn1 1I111""S, as ilese:I'H!IId iR 5~pIll!ElIf.'hs (1) tJ), 'be19"': ~-te 1.,11Q resid._at $:U Me:. be 3ifigle- feMil;,' 6\.'CUiftlllBhs' tme. a, l!JJ is 8~9I'f!sjAIM.al1lAi'~S M~'-be',m.\i:ki fllm!l~ d. elUflg tHli:ts. ~Dl!!'/1I1eJ!ef SB~J Rll Ill! lB. e,tisfl ef e~K erting a Mwdmum sf 1\;]0 family .\'~l!r13 iii E1iftile ramil) 1"I!Isid'f!1ial a "aitiRI '.Blhs t8 eddiliill\Bl H\1i1~'i f&miW te$i~."v.~ Iffiit!!!, aI El e!sJ\\ifsieR Fll1ie sf 1.95 lfI.lcli1i. :fenlil) lHd.t!5 f-er ea.ck ejfl.gle ~-lHlit eew.efllld t6 !R.,~~i flllllil) ti!!\!1 . ithei;R t1Hllg a Nope Of'\.ffidLl~13ifii: ~r ErR! 1'@ .i....\' ~ A tota.l of'300. residential ~fi: units on 448 aCfC5. BE IT RESOLVED that this Resolution relatinli to Pelition Number SE-2005-AR-8626 be I'e<:orded:n the minutes- ()fth;s Hoard. Words ~~ aRt deleted; words!!!:Ukr.t.iMd. are added. Page 10f2 01rB3!20JS 11:47 23%43035'':; COLLIER ':':~'v ZOIIING PAGE 04104 178 ~ ThlS ResolutkJJ) adopted after moti<Jn. second an4 majority vote, Done this ___- day of ___~~.------' 2006. ATTES r: DWlGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER cOeNTY. FLORlDA BY: , CHAIR.MAN D.put} Clerk Approved as to FOm1 and Legal Sufficiency' o('v; 'IA., ;:jp. .{Ih'td i2d.t - rw: ,g<.~ MM'jo' M. Student-Stirling AS$istant County Attorney SE-21>JS-.AR-~nOIK1):'f> Wo:rd~ Bffi!81. lhl'BlI8h- are ddet d' . d ' e . "or sil~~jarcadded Page2of2 - . l?B " January 3, 2006 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SE-2005-AR-8626; Winding Cypress DRI Dear Legals: Please advertise the above referenced petition on Sunday, January 8, 2006 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. Account # 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE 178 . Notice is hereby given that on Tuesday, January 24, 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 Resolution. The meeting will commence at 9:00 A.M The Board will consider Petition: SE-2005-AR-8626; Barron Collier Companies, represented by Bruce E. Tyson, RLA, AICP, of WilsonMiller, requesting a Scrivener's Error in the Winding Cypress DRI, to correct a scrivener's error in the number and type of residential units allowed by said DRI Development Order. The subject property is located in Section 26, Township 50 South, Range 25 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 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) Dwight E. Brock Clerk of Courts GOliiiiy-of-Gollier "'---- - CLERK OF THE G{RCQIT COURT COLLIER COUNTY QoURTij,OUSE 3301 TAMIAMI T~L EA~T . P.O_ BOX 4~t044 \ NAPLES, FLORIDA ~,1101-3d44 1( I 178 . Clerk of Courts Accountant Auditor Custodian of County Funds /., .,,~, \?-_.) January 3,2006 Bruce Tyson, RLS, AICP WilsonMiller, Inc. 3200 Bailey Lane Naples, FL 34105 Re: Notice of Public Hearing to consider Petition SE-05-AR-8626; Winding Cypress DRI Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 24, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 8, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~Ao~o(. Ann Jennejo~ d ' Deputy Clerk Enclosure Phone - (239) 732-2646 Websitc: www.c1erk.collier.f1.us Fax - (239) 775-2755 Email: collierclerk(a)c1erk.collier.f1.us 178 Ann P. Jennejohn To: Subject: . legals@naplesnews.com SE-2005-AR-8626; Winding Cypress DRI Attachments: S E - 2005-AR -8626. doc; S E - 2005-AR-8626. doc. dot Happy New Year! Please advertise the attached on Sunday, January 8, 2006. ~ Thank you, Ann SE-2005-AR-B626.d DC (23 KB) 5E-2005-AR-B626.d oc.dot (25 KB... 1 J.t.B . Ann P. Jennejohn From: Sent: To: Subject: ClerkPostmaster Tuesday, January 03, 2006 3:04 PM Ann P. Jennejohn Delivery Status Notification (Relay) Attachments: ATT1814632.txt; SE-2005-AR-8626; Winding Cypress DRI o B ATT1814632.txt SE-200S-AR-8626; (229 B) Winding Cypre... 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 SE-2005-AR-8626; Winding Cypress DR! Page 1 of I Ann P. Jennejohn 178 It From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Wednesday, January 04, 20068:25 AM To: Ann P. Jennejohn Subject: RE: SE-2005-AR-8626; Winding Cypress DRI OK -----Original Message----- From: Ann P. Jennejohn [mailto:Ann.Jennejohn@cierk.collier.fl.us] Sent: Tuesday, January 03, 2006 3:03 PM To: legals@naplesnews.com Subject: SE-200S-AR-8626; Winding Cypress DR! Happy New Year! Please advertise the attached on Sunday, January 8, 2006. Thank you, Ann < <SE- 2005-AR -8626. doc> > < <S E-2005-AR-8626. doc.dot> > 1/4/2006 Naples Daily News Naples, FL 34102 >. 178 Affidavit of Publication Naples Daily News --------------------------------------------------+--------------------------- BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 59163534 113138312649110 SE-2005-AR-8626NOTIC SE-2005.AR-8626 NOTICE OF INTENT TO CONSIDER ORDINANCE NotIce Ii hereby gIven that on Tuesday, Janu. ary 24, 2006 In the Boardroom, 3rd Floor, AdminIstratIon Buildlng'l Collier, County Govern. I ment Center, 3301 East Tamlaml Trait, Naples, FlorIda, the' Board of County Commissioners will consider the enact- ment of !l County Reso- lution. The meetln; will commence at 9:00 A.M State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. Sworn to and Subscribed before me this ~c~~ day of ~--k~ ')-{'lZULc.{Jf tS',,>() /2--,_/ ,7 20-..L)(;, The' Board wl1l consider Petition: SE-2005-AR. 8626; Barron Collier Companies, represented by Bruce E. Tyson, Rl.A, AICP of WllsonMiller, requ~stlng ,a Scriyener's Error In the wtndlng€Y.1 press DRI, to correct a scrivener's error In the number and type of residential units allow-, ed by saId DRI Develop. ment Order. The subJect: property Is located In Sectlon'26, TownShip 50 South, Range 25 East, Collier County, Florida. NOTE: All persons wish- ing to speak on any agel\da Item must regis- ter with the County ad. mlnistrator frlor to pre- sentation 0 the agenda Item to be addressed. Individual speakers will be limited to 5 minutes on any Item. The selec. tlon of an Individual to speak on behalf of an or.ganlzatlon or group Is encouraged. If recog- nized by the' Chairman, a 'spokesperson for a group or organIzation may be allotted 10 min- utes to speak on an Item. Persons wishIng to have written or graphic materials Included In the Board agenda pack- ets must submit said material a minimum of 3 weeks prior to there- spectlve public hearing. In any case, written ma- terials Intended to be considered by the Board i shall be submitted to ~ the appropriate County' staff a minimum of sev- en days prior to the public hearing. All ma. terlal used lri presenta- tions before the Board wiU become a perma- nent part of the record. Any person who decid. es to appeal a decision of the Board will need a record of the proceed- Ings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record Includes the testimony and eVi.\ dence upon which the i appeal Is based. BOARD OF COUNTY COMMISSION:;RS I COLl..IER COUNTY,I FLORIDA FRED W. COYl.E, CHAIR- ~~NIGHT E. BROCK. CLERK . By: Ann JenneJohn, Deputy Cieri!: (SEAL)' Jan. 8 No. 1~1980 PUBLISHED ON: 01/08 01/08 AD SPACE: 106.000 INCH FILED ON: 01/09/06 ---------------------------~-----~.---------------+------------------------- Signature of Affiant /) , \ Personally known by me /;,JA'v:f~~;i;:.. Harriett Gushona- i*(~';'i:) MYCOMMISSION # 00234681 EXPIRES s;\..~..." My 24. 2007 "~,9f.;t~.?;'. 8nl\'l)Frr THRUTP-rW FAIN INSURANCE, JNC b _178 MEMORANDUM Date January 25,2006 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2006-18: SE-2005-AR-8626; Winding Cypress Enclosed please find one (1) copy of the document, as referenced above, Agenda Item # 17B, which was approved by the Board of County Commissioners on Tuesday, January 24, 2006. The Minutes and Records Department has retained the original for the public record. rfyou should have any questions, please contact me at 774-8406. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. 7 B THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAllWR 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 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 exceotion of the Chairman's si2nature, draw a line throul:!:h routine: lines # I throul!h #4, comnlClc the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinp order1 l.Sandra Lea CDES Administration .;(h~f / t-vil 2. \ ! 3. ^ 4. 7 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office b PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee ehaimlan'S signature are to be delivered to the Bee office only atter the Bee has acted to approve the item.' Name of Primary Staff Kay Deselem Phone Number 2]3-2931 Contact Agenda Date Item was January 24, 2006 Agenda Item Number 17B Annroved bv the BCC Type of Document Resolution Number of Original I Attached Documents Attached 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 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 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 f Qur deadlines' The document was approved by the BCe on " enter date) and all changes made during the meeting have been incorporated, III he attached document. The Count Attorne 's Office has reviewed the chan cs, if a licable. Yes (Initial) N/A(Not A plicable) 2. 3. 4. 5. 6. r) ;1//1 ouZ ,J- I: Forms/ County Forms/ Bee ronns/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24.05 178 RESOLUTION NO. 06- 18 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING RESOLUTION NUMBER 02-302 (DEVELOPMENT ORDER 02-0]) THAT AMENDED RESOLUTION NUMBER 99-467 (DEVELOPMENT ORDER NO. 99-4), FOR THE WINDING CYPRESS DEVELOPMENT OF REGIONAL IMPACT (DR I), TO CORRECT A SCRIVENER'S ERROR IN THE NUMBER AND TYPE OF RESIDENTIAL UNITS ALLOWED BY SAID DRI DEVELOPMENT ORDER. WHEREAS, the Collier County Collier County Board of County Commissioners adopted Resolution No. 02-302 (Development Order No. 02-0] for the Winding Cypress DRI), on June 25,2002; and WHEREAS, following said action adopting Resolution No. 02-302, Planning Staff determined that the Resolution was not revised to be consistent with the PUD Document that removed references to specific numbers for the different residential dwelling unit types as was intended, therefore constituting a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT Findings of Fact, Section 4.A. of Resolution Number 02-302 (Development Order No. 02-0 I) for the Winding Cypress DRI is hereby amended to correct a scrivener's error by amending said section to read as follows: A, /'. total of 2,395 residential dwelling units subjeet to the prElvisions Elf paragraph 4.}..3 hereof, E1n448 acres, as descri8ed in sH8paragraphG (I) (3), belElw: ]. Up to ],440 residentialllRits may be single family dVielling units; and 2. Up to 860 residentialllRits may be mHlti family dwelling Hnits. 3. The Developer shall have the option of cOn'/erting a maximum of ] 00 family .^.pproved single family residential dwelling units to additional mHlti family residential Hnits, at a convemion ratio Elf 1.95 multi family Hnits for each single family unit converted to mHlti family use, withoHt filing a NOPC or undergoing fHrther DRI review A. A total of2300 residential dwelling units on 448 acres. BE IT RESOLVED that this Resolution relating to Petition Number SE-2005-AR-8626 be recorded in the minutes of this Board. Words struek tllrallgll are deleted; words underlined are added. Page I of2 178 This Resolution adopted after motion, second and majority vote. Done this .21ifay of ~ IUf' ., 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . ,~'~'~~-f;:j} ,','" @th::-. b .o.c. BY: ~>~/ FRANK HALAS, CHAIRMAN -<',' Approved as to Form and Legal Sufficiency: d/>a . . on tJtJ.J~ -fJ:tMj~ Marj~Student-Stirling ,- ---'0 Assistant County Attorney SE-2005-AR -75301KD/sp Item# ~ Agenda l-,..d -"I Date ....Q:L:..UIO ~:d h35-t6 01,~~~J'" Dep lerk .c.. Words strHek tRre>lgR are deleted; words underlined are added. Page 2 of2 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17C <il . To: Clerk to the Board: Please place the following as a: xD Normal legal Advertisement (Display Adv., location, etc.) o Other: *****.****..************.*.***********************.**************...**.**.********....**.......********... Originating Dept! Div: Facilities Management! Administrative Services Petition No. (!fnone, give brief description): Ordinance Person: Skip Camp Date: 1-5-06 Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If mare space is needed, attach separate sheet) Hearing before XBCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. January 24,2006 Newspaper(s) to be used: (Complete only if important): o Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: Reconnneudation that the Board adopt the attached Ordirulpce to authorize airport-type searches ofindividua1s who enter the W. Harmon Tumer Building (Administration Building) at the Government Complex. Companion petition( s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertiaing costs: Otll- I o d-d-<I 0 /~ s:- tJ& Date List Attachments: Ordinance Executive Summary DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to eomplete one coy and obtaIn Division Head approval before submitting to County Manager. Note: If legal document is Involved, be sure that any nec..sary legal review, or requ.t for same,is suhmitted to County Attorney before submitting to County Manager. The Manager's office will distribute cof..: o Connty Manager agenda rue: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. .******.....************.****************************.*****..************************.*.*.*************..** FOR CLERK'S OFFICE USE fNL~: Date Received: - - ('j Ia Date of Public hearing: ~te Advertised: -' 1 ~ --nip ""..-";.;'" .:,,-.' ORDINANCE NO. 2006- AN ORDINANCE OF COLLIER COUNI'Y, FLORIDA, AUTHORIZING AIRPORT.TYPE SECURITY SCREENING AND SEARCHES AT THE COLLIER COUNI'Y ADMINISTRATION BUILDING; PROVIDING FOR CONFUCT AND SEVERABIUTYj PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECI'IVE DATE SECI'ION ONE. A new subsection Ce) is hereby added to Section 2-78 (the "Administration" Chaptet) of the Collier County Code of Laws and Ordinances, as follows: (e) 'Th1s Ordinance Is the Collier County AIrport-type Screen1ng OrdJnance. a Cr\m1nal Ordinance In the context of Section 910.151, Florida Statutes and other Florida Statules. These provisions apply only to the Collier County Adminismtion Builrling'(W. Hannon Turner). The County Manager is hereby authoriz~d to adopt and amend 'Ai<pott-type Screening Policies and Procedures subject to text approval by the County Attorney. The County Manager and designees of the County Manager are ~reby authorized tn cnnduct airport-type screening at the W. Harmon Turner Building in accordance with those Policies, and Procedures, and to have a walk-through , magnetometer and x-uy machines installed and maintained at the security entrance of said Administration Building; aJ.o to hire Security Pemonnel subject to budgetary appropriations. As used herein "Security Personnel" means each individual then authorized by the County Manager or hy an authorized designeeCs) of the County Manager to conduct airport-type screening/searches or to administer any other provisionCs) in those Policies and Procedures, which are exempt from public records disclosure as specified in Chapter 119, Florida Statutes. Before viewing (or receiving) a copy of those Policiea and Procedures or any part thereof, each such individual, including each Security Personnel, muat sign a confidentiality agreement ag<eeing not to disclose any of the contents of those Policies and Procedures. In addition to all . enforcement provided for in Section 125.69, F!oridaStatues, any individual who 'violates any provision of this Ordinance, including breach of the confidentiality ag<eement, shall be subject to the enforcement provisions of Section 1-6 of Collier County's Code of Laws and Ordinances. Nothing herein shall be construed to affect any enforcement of any federal law, rule or 17C . I , I regulation, or any Aorida Statute, Aorida rule or regulation that may be violated in th.e context of those Policies arid Procedures. SItCTIOW TWO. CONFUCT AND SEVERABILl1Y , In the event this Ordinance conflict,' with any other Ordinance of ('..olliex., ('..ounty or other applicable law, the more restrictive shall apply. If any phrase or portion of this. Onlioance is held invalid or unconstitutional hy any court of c~mpetcnt jurisdiction, such portion shall be deemed a separatc:t distinct and independent provision and such hoWing shall not affect the validity of the remaining portions. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES This Ordinance shall be. made a parr of the Cock of Laws and Ordinances of Collier County, Aorida. The sections of the Ordinance may be renumbered or relettered 10 accomplish that result, and the word "Ordinance" may be changed. to "Section.') ({Article," or llIiy other appropriate word SECTION FOUR: EFFECTIVE DATE. This Ordinance sh!lll hecome effective upon filing with tbe Aorida Department of State PASSED AND DULY ADOPTED by the Board of Counry Commissioners of Collier County, Aorida this _ day of .2006. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: By: Deputy Oerk . Chairman Approved as to fom> and legal sufficiency By: Th mas G Palmer, Assistant County Attorney 2 17C . 17C . January 5, 2006 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance for Security Screening Dear Legals: Please advertise the above referenced notice on Friday, January 13, 2006, 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./Account # 001-122240 NOTICE OF INTENT TO CONSIDER ORDINANCE 17C o Notice is hereby given that on Tuesday, January 24, 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 COLLIER COUNTY, FLORIDA, AUTHORIZING AIRPORT-TYPE SECURITY SCREENING AND SEARCHES AT THE COLLIER COUNTY ADMINISTRATION BUILDING; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jennejohn To: Subject: Attachments: Good Afternoon, lIe . legals@naplesnews.com Ordinance for Security Screening Ord.security.doc; Ord. security. doc Please advertise the attached on Friday. January 13, 2006. Thank you, Ann 774-8406 ~ ~ Ord.security.doc (23 KB) Ord. security.doc (25 KB) 1 17C . Ann P. Jennejohn From: Sent: To: Subject: ClerkPostmaster Thursday, January 05, 20064: 11 PM Ann P. Jennejohn Delivery Status Notification (Relay) Attachments: ATT2195717.txt; Ordinance for Security Screening W... liJ 1C:::'~;:1 L.:..J ATT2195717.txt (229 B) Ordinance for Security Screeni... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Ordinance for Security Screening Page 1 of 1 17C . Ann P. Jennejohn From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Thursday, January 05, 2006 5: 16 PM To: Ann P. Jennejohn Subject: RE: Ordinance for Security Screening OK -----Original Message----- From: Ann P. Jennejohn [mailto:Ann.Jennejohn@cierk.collier.fl.us] Sent: Thursday, January 05, 2006 4: 11 PM To: legals@naplesnews.com Subject: Ordinance for Security Screening Good Afternoon, Please advertise the attached on Friday, January 13, 2006. . Thank you, Ann 774-8406 <<Ord.security.doc>> <<Ord. security.doc>> 1/6/2006 Naples Daily News Naples, FL 34102 Affidavit o~ Publication 17 G NOTICEOFIHTENTTO I Naples Dally News CONSIDER ORDINANCE ' -- -~~~~ -~: - ~~~~~ - ~~~:~~:~~~~~ - - - - - - - - - - -- - - - -- -+- - - - - - - - - - - - - - - - - - u t~i:Ci~:~;;ii~:,!~r~ BOardroom. 3rd Floor. CHERI LEFARA Administration Ihlildlng, PO BOX 413016 Collier County Govern- ment Cent,r.3301 East NAPLES FL 34101-3016 r~ml.ml T,"II,. NAIll." florida, the Board 0 County Commlssloners will consider the enact. ment of a 'County Ordj- Plante. The meedng will commence at 9:00 A.M. "he title ,of the pro- Dosed Ordinance Is as ~lIows: REFERENCE, 001230 59164964 001-122240 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 01/13 01/13 AD SPACE, 112.000 INCH FILED ON: 01/13/06 --------------------------jp-------.("-------------+-------------------- Signature of Affiant ~ Sworn to and Subscribed ~fore me this /3'!! day of ~-"'-\.. . ! /J Personally known by me {.~~\A..-,'.:t./ 6-~A.--<J JGr7 20 ~7' .....,,~~":,., . o'.~".&.(' '~"~. ".:;, liarriett Bush ,,; .';' MY COMMISSION # OOJ ':i"''''o'N Ju OD234681 EXPIRES "''?f.t"".' I)ON~~CTI1R ty 24, 2007 "-, VTROYFAININSU~ANCE.INC. AN ORDINANCE OF COl... LLER COUNTY. FLORIDA, AUTHORIZING AIRPORT- TYPE SECURfTY SCREEN- ING AND MARCHES AT THE COLLIER COUNTY ADMINISTRATION BUILDING; PROVIDING FOR CONFLICT AND.SEV. ERABllITY; PR.OVIIlING FOR INCLUSION IN THE CODE OF LAWS AND OR- p~~~~C~;~~~tDR~I.D. Copies of the proposed ordin~_~.ar4--onU~ with the, Clerk lv-the Board and are ava\'ebl. for inspec1;km. All nter. ested PartIes aft!! invited to attend and be heard. NOTE: All persons wish. Ing to speak on any agenda Item must regis- ter with th, county ad- ministrator frior to pre- sentation 0 the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any Item. The selec- tron. of an Individual to speak on behalf of an o(ganlzatlon or group Is encoura~. If r.cog- nb:ed by the . Chairman, a spokesperson for a group or organIzatIon may be allotted 10 min. u-tes to speak on an Item. Persons wishing to t(ave written or graphic materials Included In the Board agenda pack. ets must submit said material a minimum of 3 weeks prior to the re- spective public hearing. In any case, written ma. terlals Intended to be considered b, the Board shall be submItted to the appropriate County i staff a minimum of sev. en days prior to the! public hearing. All ma. terlal used Inpresenta- tlons before the Board! will become a perma-! nent part of the record. ' Any person who decid- es to appeal a decision of the Board will need a record of the proceed. lrigs oertalnlng thereto afIC1 therefOre. may need! to ensure that a verba'i ~lm _record of the pro. ~ Is made which record Includes the tes. tlmony -and evidence upon which the appeal II based. BOARI> OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FREO W. COYl.E, CHAIR. MAN ~HT E. BROCK, ~Ann Jenne)ohn. Dep- u Clerk ( L) Jan. 13 No. 1293864 17C ORDINANCE NO. 2006- ~ AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AUTHORIZING AIRPORT-TYPE SECURITY SCREENING AND SEARCHES AT THE COLLIER COUNTY ADMINISTRATION BUILDING; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE SECTION ONE. A new subsection (e) is hereby added to Section 2-78 (the "Administration" Chapter) of the Collier County Code of Laws and Ordinances, as follows: (e) This Ordinance is the Collier County Airport-type Screening Ordinance. a Criminal Ordinance in the context of Section 910.151, Florida Statutes and other Florida Statutes. These provisions apply only to the Collier County Administration Building (W. Harmon Turner). The County Manager is hereby authorized to adopt and amend Airport-type Screening Policies and Procedures subject to text approval by the County Attorney. The County Manager and designees of the County Manager are hereby authorized to conduct airport-type screening at the W. Harmon Turner Building in accordance with those Policies and Procedures, and to have a walk-through magnetometer and x-ray machines installed and maintained at thc security entrance of said Administration Building; also to hire Security Personnel subject to budgetary appropriations. As used herein "Security Personnel" means each individual then authorized by the County Manager or by an authorized designee(s) of the County Manager to conduct airport-type screening/searches or to administer any other provision(s) in those Policies and Procedures, which are exempt from public records disclosure as specified in Chapter 119, Florida Statutes. Before viewing (or receiving) a copy of those Policies and Procedures or any part thereof, each such individual, including each Security Personnel, must sign a confidentiality agreement agreeing not to disclose any of the contents of those Policies and Procedures. In addition to all enforcement provided for in Section 125.69, Florida Statues, any individual who violates any provision of this Ordinance, including breach of the confidentiality agreement, shall be subject to the enforcement provisions of Section 1-6 of Collier County's Code of Laws and Ordinances. Nothing herein shall be construed to affect any enf0rcement of any federal law, rule or 17C regulation, or any Florida Statute, Florida rule or regulation that may be violated in the context of those Policies and Procedures. SECTION TWO. CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. 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 .Jl(th 2006. day of:JiJ()(}((fV I ATTEST, . Ic,L: ~''''JV ..~""".. ' Dwighi,'E:;J3mck';{:lerk '0'," ~"-:',"""" . . ,@y: . 'eputy.C!erk Attest IS to Chl1rt1&1l's s1vnlture on1,. BOARD OF COUN1Y COMMISSIONERS, COLLIER COUNTY, FLORIDA ..~~/ ffC/l1;c:. 1-14/0-; . , Chairman By: Approved as to form and legal sufficiency By:-iB~ rJ~ Th mas c:. Palmer, Assistant County Attorney Item # .ne. Agenda 1- 2~ -6b Date Date (- 2'1 -00 ~i'b",~ JI ~ 2 17C 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 2006-03 Which was adopted by the Board of County Commissioners on the 24th 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 27th day of January, 2006. DWIGHT E. BROCIL~:I'.'iS. ~" Clerk of Court's' arid Cleh-I> '. .,\ /." Ex-officio to;Bpard of -_ County Commi~signers , ~~ (j&' Q'~lWC By: Heidi R. RocKhold, Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS . To: Clerk to the Board: Please place the following as a: X Nonnallegal Advertisement (Display Adv., location, etc.) o Other: ********************************************************************************************************** Originating Dept/ Div: Engineering Review (CDES) Person: Stan Chrzanowski, P.E. Date: 30 DEC 05 Petition No. (If none, give brief description): Excavation Ordinance Update Revisions Petitioner: (Name & Address): Engineering Review Department Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) None Hearing before BCC Requested Hearing date: 24 January 06 Newspaper(s) to be used: (Complete only if important): X Naples Daily News o Other X Legally Required Proposed Text: (Include legal description & common location & Size): See Attached Sheet Companion petition(s), if any & proposed hearing date: None Does Petition Fee include advertising cost? ~Yes 0 No If Yes, what account should be charged for advertising costs: la(-I~gacn-(oy.qlDD ~: ~~ IJ'/~ I ' Date Division Administrator or Designee 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 hefore submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit originalto Clerkls Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE1ONL,\::. Date Received: 1.:.:I..:..l.l. Date of Public hearing: ~ Date Advertised: ~ _._---_...._._~_._._.._-- - ---,~_..-~--~-,---_._- _._----_.~-,--~~-~-_._. 110 . Proposed Text: (Include legal description & common location & Size): AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE IV, WHICH REGULATES EXCAVATIONS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, AS PROMULGATED BY ORDINANCE 04-55, AMENDING SECTION 22-109, PERTAINING TO EXEMPTIONS; AMENDING SECTION 22-110, PERTAINING TO EXCA V ACTION REVIEW PROCEDURES; AMENDING SECTION 22-111, PERTAINING TO APPLICATION REQUIREMENTS FOR EXCAVATION PERMITS; AMENDING SECTION 22- 112, PERTAINING TO CONSTRUCTION REQUIREMENTS FOR EXCAVATIONS; AMENDING SECTION 22-113, PERTAINING TO INSPECTION AND REPORTING REQUIREMENTS; AMENDING SECTION 22-114, PERTAINING TO FEES; AMENDING SECTION 22-115, PERTAINING TO PERFORMANCE GUARANTEE REQUIREMENTS; AMENDING SECTION 22-116, PERTAINING TO APPEALS; AMENDING SECTION 22-117, PERTAINING TO PENALTIES AND ENFORCEMENT; AMENDING SECTION 22-119, PERTAINING TO COMPLIANCE WITH STATE AND FEDERAL PERMITS; ADDING SECTION 22-120, PERTAINING TO VARIANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 110 . ORDINANCE 05- COpy AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE IV, WHICH REGULA TES EXCA V A TIONS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, AS PROMULGATED BY ORDINANCE 04-55, AMENDING SECTION 22-109, PERTAINING TO EXEMPTIONS; AMENDING SECTION 22-110, PERTAINING TO EXCA V ACTION REVIEW PROCEDURES; AMENDING SECTION 22-111, PERTAINING TO APPLICATION REQUIREMENTS FOR EXCAVATION PERMITS; AMENDING SECTION 22-112, PERTAINING TO CONSTRUCTION REQUIREMENTS FOR EXCAVATIONS; AMENDING SECTION 22-113, PERTAINING TO INSPECTION AND REPORTING REQUIREMENTS; AMENDING SECTION 22-114, PERTAINING TO FEES; AMENDING SECTION 22-115, PERTAINING TO PERFORMANCE GUARANTEE REQUIREMENTS; AMENDING SECTION 22-116, PERTAINING TO APPEALS; AMENDING SECTION 22- 117, PERTAINING TO PENALTIES AND ENFORCEMENT; AMENDING SECTION 22-119, PERTAINING TO COMPLIANCE WITH STATE AND FEDERAL PERMITS; ADDING SECTION 22-120, PERTAINING TO VARIANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing regulations necessary for the protection of the public; and WHEREAS, the Board of County Commissioners (Board) has determined that controlling excavations within Collier County is in the public's best interest; and WHEREAS, Collier County Engineering staff has determined that excavation procedures require updating and clarification due to changes in state legislation, Board policies, past experience, changes in population centers and an increased understanding of local ground water and traffic conditions. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONER OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article IV, Section 22-109, Exemptions, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-109. Exemptions. * * * * * * * * * * * * * * (5) Agricultural drainage and irrigation work incidental to agricultural operations (see section 22-110(2) for off-site hauling). a. Excavations incidental to agriculture surface water management and water use facilities as included in existing South Florida Water Management District permits. All 1 Words struck tllrough are deleted, words underlined are added. 17D . excavated materials must remain on lands under the same ownership. Any transportation of materials over public roads is subject to appropriate InH1Spoltatioa road use f-ees Right-of-Way permits. (7) Farm animal watering ponds or excavations located on single-family lots/tracts where the net property size is two acres or more are exempt from the permitting procedures contained in this artic1e; but will require an Exempt excavation permit and must comply with all the construction standards of this article. Such exemptions apply only if7 a. E~xcavation does not exceed one acre in area and 20 feet in depth. b. Unless an excavation is located in an Agricultural zoning district. a A building permit for a single-family home must be issued prior to the county issuing a letter of exemptioft an Exempt excavation permit. Activities set forth in sections 22-109(1), (except removal of excess material) 22- 109(2), 22-109(3), 22-109(5), and 22-109(6) above do not require letters of exemptioa an Exempt excavation permit. Activities set forth in sections 22-109(4) and 22-109 (7) require submittal of plans or drawings of the proposed activity to the eEngineering plaft review Services tlDepartment for a formal letter of exemption. SECTION TWO: Article IV, Section 22-110, Excavation Review Procedures, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 22-110 Excavation Review Procedures. (a) Types of excavation permits. The permits required by this article shall be issued by the development Engineering "Services tlDepartment in accordance with the procedures set forth herein and shall come under one of the following categ01ies: (1) Private excavations. Private excavations are considered to be an excavation on non-commercial property where the excavated material is not removed from the property and where the disturbed surface area at glade does not exceed two acres. Where more than one excavation is proposed for the same piece of property or properties under common ownership and the combined disturbed surface area exceeds two acres, the permits shall not be issued as a private excavation. (2) Commercial excavations. (Types 1, II, & III (f., B, C, D)) Commercial excavations are considered to be any excavation wherein the excavated material is removed from the subject property. Except that up to 4,000 cubic yards of excavated material may be removed from an agriculturally zoned site if the fill is the result of a legitimate agricultural use as defined in other sections of this Code. For purposes of this sectioa, the followiftg definitiofts shall apply: Type I commercial excavatioa Located ia estates zOftiag disl1icts with a surface area less thaft three acres '.vith aft excavated material volume less thaa 60,000 cubic yards. Type II commercial excavation Located ift estates zoaing districtG with dimeftsiefts greater than tAese listed for type I commercial. Type III t. commercial excavatioft Located ift agricultural zOftiftg districts 'J.'ith a volume less tflaa 100,000 cubic yards. Type III B commercial excavation Located ift agricultural zeftiRg districts with a volume equal to or greater thaa 100,000 cubic yards aRd less thaft 500,000 cubic yards. 2 Words struck tRrough are deleted, words underlined are added. 1 I'D "-1 'If. Type III C commercial eKcavatioH Located iH agriclfltural zOBiHg districts with a volame eqlfal to or greater thaB 500,000 clfllic yards aHd less thaB or eqHal to 5,000,000 cullic ~ TYJ3e III D semmercial eKcavatioH Located iH agricultural wHiHg districts with a volume greater thaH 5,000,000 callic yards. Allapproved developments with offsite hauling activities will be considered ~ IJ+Il. commercial excavations. See Section 22-110 (a) (3) b. for exemption. The miRimam lot size for aHY Type III commercial eJ~cavatioH shall be 20 acres. (3) Development excavation. Development excavations are considered to be any excavation located within the boundmies of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: a. The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the bBoard after appropriate public hearings. b. If approved by the bIioard during the rezone and/or preliminary subdivision plat process, excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. (b) Issuance of penn its. (1) Issuance of private and development excavation permits. The county manager or designee may administratively approve and issue private and development excavation permits where all of the applicable sta~dards of this article have been met. When, in his opinion, the standards have not been met, the application shall be submitted to the environmental advisory council for recommendation with ultimate approval or denial required of the bBoard. (2) Issuance of commercial excavation pennits. Applications for commercial excavation permits shall be reviewed by the community development and environmental services administrator, or his designee, and by the environmental advisory council for recommendation and approved by the board. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the environmental advisory council shall be waived, but dependent on haul route and amount of fill to be hauled, staff may require approval by Collier County Planning Commission. (c) Notice of meeting. The county manager or designee shall give prior written notice of the environmental advisory council meeting, by first class mail, as noted in section 22- 111(a)(3)d., to all adjacent property owners (within 300 feet of the property line or within 500 feet of the excavation itself) as determined by reference to the latest official tax rolls. For Type I aBd Type II excavations located in Estates zoning districts, all owners of existing homes or homes under construction, (i.e. having broken ground on the date of 3 Words struck through are deleted, words underlined are added. 170 . submittal of the excavation permit application) within one mile of the site along the haul route must be notified in accordance with section 22-11 I (a)(3)d. of this Code. Such property owners may request that the item be heard by the a~oard of e!;;ounty eCommissioners at a public hearing. (d) Excavation pennit criteria. Approval by the site developmeHt r-e...ie'.v Engineering Serviees Dei rector. or his designee, and the aBoard shall be granted only upon competent and substantial evidence submitted by the applicant, that: (I) The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or natural flow way, whether public or private, so as to create flooding or public health hazards or jeopardize the functions of the natural resources and environment of Collier County. (2) Dust or noise generated by the excavation will not cause a violation of any applicable provisions of this article. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may require separate county approval. (3) The excavation will not adversely affect groundwater levels, water quality, hydroperiod or surface water flowways. The county manager or designee may require the applicant to monitor the quality of the water in the excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted in such a manner as to violate Collier County or applicable State of Florida water quality standards. (4) The excavation will be constructed so as not to cause an apparent safety hazard to persons or property. (5) The excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of critical state concern. (6) In cases where a wetland IS no longer capable of performing environmental functions or proyiding eHviroHffieHlal fURctioRs or providing environmental values or in cases where it is determined that no reasonable alternative exists other than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county review processes. (7) Flow of water within and through preserved wetlands shall not be impeded. (8) Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to prevent sedimentation within the wetland pursuant to the design requirements of Section 10.02.02 of the Land Development Code. Any building site adjacent to a wetland and elevated by filling, must employ the same erosion control devices. Fill must be stabilized using sod, seed, or mulch. (e) Other permits required. All appropriate state and federal permits or approvals for work in jurisdictional areas shall be provided to the county manager or designee prior to issuance of an excavation permit. The excavation permit shall include authorization to remove vegetation within 20 feet of the lake control contour elevation and for the stockpile area. 4 Words stniCk tHrough are deleted, words underlined are added. 170 ,d 'j . (f) Fees and guarantees. Upon eCommunity aDevelopment and ef<;nvironmental s~ervices aAdministrator, or his designee, approval on behalf of the B~oard of e!;;ounty e!;;ommissioners, the applicant will, within 60 days of written notification from the e!;;ommunity eOevelopment and ef<;nvironmental s~ervices aAdministrator or his designee, pay the required permit! review fee, road use fee if reqtlired, and post, if required, the appropriate performance guarantee, in a format approved by the county attorney. IH additioH, the applicaHt shall provide written proof of payment of road tlGe fees in accordaHce with section [22 111(c)], if required. Failure to pay the fees and post the guarantee, within this time period shall constitute abandonment of the excavation permit application and will require complete reapplication and review in accordance with all requirements in effect at the time of reapplication, with the following exceptions: (I) Upon receipt of an applicant's written request with sufficient justification, as determined by the county manager or designee, and payment of a time extension fee, the county manager or designee may, one time only, authorize the extension of the permit issuance time for up to an additional 60 days. (2) All previously approved excavation permits that have yet to be issued by the county manager or designee become eligible for the above time extensions upon the effective date of this article. (g) Duration of excavation permits. (I) Private excavation and type I afld type II commercial excavation permits located in Estates zoning districts shall be valid for a period of 12 months from the date of issuance. If the work is not completed in that time, a second application, with a reapplication fee must be submitted to the county manager or designee, requesting up to an additional 12 months to complete the excavation. If the county manager or designee finds sufficient good cause to grant the request, a permit extension will be issued. (2) Commercial type III and development excavation permits will be of indefinite duration or until the excavation reaches the limits of the permitted size, provided the excavating operation remains active in accordance with the requirements of this article. Thirtv (30) davs prior to anniversarv date of pennit, an annual status report. a renewal fee, and a 12 month inspection fee, set bv resolution, shall be required. (h) Excavation avvlicatiol1 time limit for review. Excavation application, once deemed complete and sufficient, will remain under review so long as a resubmittal in response to Countv reviewers' comments is received within 270 calendar davs from the date on which the comments were sent to the applicant. If a response is not received within this time, the application for the excavation review will be considered withdrawn and cancelled. Further review of the proiect will require a new application and pavment of new application fees subject to the regulations that exist on the submittal date of the new application. SECTION THREE: Article IV, Section 22-111, Application Requirements for Excavation Permits. Sec. 22-111. Application Requirements for Excavation Permits. 5 Words struck through are deleted, words underlined are added. 170 . (a) Unless otherwise directed, one copy of all required application documents shall be submitted to the county manager or designee on a form to be supplied by Collier County. The application shall include, but not be limited to, the following information: (I) The name, address and telephone number of the applicant or his agent, and, if known, the excavator. (2j'..Proof . of ownership, legal description and location of the property involved. A small location map, drawn on 8 1/2-inch by ll-inch paper, shall accompany the application, clearly showing the location of the proposed excavation(s) in relation to commonly recognized landmarks. (3) A signed statement Excavation Application provided by the "County and completed by the applicant or his agent which includes: a. A statement that he has read this article and agrees to conduct the excavation in accordance with this article, this Code and other county and state codes and laws. b. A statement of the purpose of the excavation and intended use of the excavated material. c. Exhibits prepared and sealed by the project's surveyor/engineer showing: 1. The boundaries of the property. 2. Existing grades on the property. 3. The level of the mean annual high and low water table with supporting information relative to how elevations were determined. 4. The grades which will exist following the completion of the excavation. 5. The volume of the excavation as measured from the natural grade. 6. Easements, existing utilities, roads and setbacks, and zoning. 7. Drainage and flowways. 8. Aerial limits of any special <site vegetation such as mangrove, cypress or other wetland species. 9. For development and all type III commercial excavations, logs of soil auger borings with field classification shall be provided, unless existing recent data is available and provided to the county manager or designee, for use in determining minimum and maximum depths and appropriate side slope configurations and evidence of any confining layers, (this latter to determine if on-site or adjacent wetlands are "perched.") The depth of the soil auger borings shall extend to a point at least one foot below the proposed bottom elevation of the excavation, and shall be of at least the following density according to size of each excavation; zero to four and nine-tenths acres/two locations; five to nine and nine-tenths acres/three locations; ten acres or more/three locations plus one for each additional 20 acres or fractional part thereof. 10. For private and type I commercial excavations, two auger borings or a simple machine excavated hole to a depth of 13 feet below the wet season water table must be submitted. 11. For type I and type II commercial excavations, the site must be posted with a notification of the date, time, and location of the public hearing before the board of county commIsSIOners. 6 Words struck throagh are deleted, words underlined are added. 170 . 12. For type I afld type II commercial excavations located in Estates zoning districts, a list of homeowners and a map of all existing dwellings and dwellings under construction (i.e. having broken ground on the date of submittal of application) at the time of sUBmittal of the a13plication aleflg adiacent to the haul route, and one mile in any direction, must be submitted for notification to the Communitv Development Division Engineering Services Department along 'with envelopes having postage for two ounces and addressed to the owners of those dwellings or dwellings under construction. d. If the project is to be submitted to the e~nvironmental aAdvisory e~ouncil, a list of the names and addresses, obtained from the latest official tax rolls, of all owners or owner associations of property within one-fourth mile of the excavation or on-site vehicle access route or within 300 feet of the property lines of the property on which the excavation is to be perfonned, whichever is less, must be submitted to the Engineering Services Director or designee. The applicant shall also furnish the Coullty MillIager Engineering Services Director or designee with said owners' names and addresses on pre-addressed four inches by nine and one-half-inch envelopes with first class, plus one additional ounce, postage ready for mailing. For type I amI type II excavatiolls, all eWllerG of eKistiRg homes er hemes ullder cORstructioR (i.e. haviRg brokeR grouRd OR the Elate of submittal ef the aflPlicatioR) withiR ORe mile ef the site aloRg the haul route must be RotifieEl. The petitioRer shall submit a list of t-hese homeewRers aloRg with stamj3ed, ha'IiRg t',','e ouaces werth of fimt class pestage, pr-e aEldressed eavelopes to the cemmuflity developmeflt divisiell, eflgiReeriflg review departmeflt. e. Water management plan detailing methods for the conservation of existing on-site and off-site surface drainage systems and groundwater resources. Copies of an appropriate surface water management pennit and/or water use permit (dewatering) as required and issued by the South Florida Water Management District shall be provided to the county manager or designee prior to commencing the excavation operation. f. If excavated material will be removed from the property, and unless, due to site-specific circumstances, the requirement is waived by transportation operations director, a traffic and road impact analysis will be made by the applicant to address the following: 1. Identifying the project's zone of influence, that is, the distance from the site that traffic is either generated from or attracted to. 2. The existing condition of the road system within the excavation project's zone of influence. 3. The capacity of the road system within the zone of influence to handle existing traffic, nonnal growth in the traffic, and additional traffic generated from the excavation project in consideration of the time frame of the traffic generation and the wheel loadings of such traffic. 4. The site-specific road work within the zone of influence which is necessary prior to the start of the project and which will be necessary during the project so as to assure that premature road failure and/or severe road damage will not occur. 5. Road work to be undertaken by the applicant to mitigate adverse road impacts along with confinnation of the security, if applicable, to be provided by the applicant to 7 Words stnwk through are deleted, words underlined are added. 17D . assure completion of the identified road work. Any and all security and/or performance guarantee required in excess of $100,000.00 as set forth in the road use analysis shall be secured or guaranteed in accordaflCe with section 3.5.10. prior to Excavation permit issuance. Should there not be concurrence hy transportation operations director and the applicant, about the improvements, maintenance, performance guarantee and/or other requirements on' the part of both parties based on the road impact analysis, the permit application along with applicable information shall be subject to review and recommendation by the Collier County Planning Commission followed by review and action by the board. g. The permittee may provide a phasing plan whereby the required performance guarantee may be reduced provided that security requirements are met in the first phase. No excavation shall take place in future phases until either the first phase is completed and approved by Collier County or additional security requirements are provided for the future phase(s) of work. Performance guarantees for platted lakes shall be in an amount equal to the engineer's certified construction estimate. ~h. Should blasting be necessary In conjunction with the excavation, all blasting shall be done under an approved Collier County user/blaster permit with no overburden removed prior to blasting from the area planned for excavation unless otherwise approved by the county manager or designee. Said petmits shall be obtained from the Collier County Development Engineering Services Department. Should approval for blasting not be granted to the applicant, the applicant shall remain responsible to meet any and all requirements of an approved excavation permit unless the subject excavation permit is modified in accordance with this article. f€1i, If trees arc to be removed as a result of the excavating operation, a simultaneous submittal shall be made to the e!);nvironmental staff of the planning s~ervices aDepartment. Approval by e!);nvironmental Services staff will constitute a permit for removal of the vegetation when the excavation permit is granted. ta1i If the application is made by any person or firm other than the owner of the property involved, a written and notarized approval from the property owner shall be submitted prior to processing of the application. SECTION FOUR: Article IV, Section 22-112, Construction Requirements for the Construction of Excavations, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 22-112. Construction Requirements for the Construction of Excavations. All requirements of the South FlOlida Water Management District, Permit Information Volume IV, along with the following requirements, shall apply to all excavations. (I) Setbacks. Excavations shall be located so that the control elevation contour of the excavation shall adhere to the following minimum setback requirements: Exception. where an excavation crosses common parcel or property lines. the setback requirements are exempt at the conti guous property lines. a. Fifty feet from the right-of-way line or easement line of any existing or proposed, private or public, street, road, highway or access easement. Exceptions to the above- referenced setbacks may be developed and shall be subject to final approval by the development 8 Words struck thrOligh are deleted, words underlined are added. 17D o services administrator or his designee. Said exceptions shall be based upon recognized standards for traffic engineering and road design (AASHTO and/or Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida) and shall incorporate such factors as road alignment, travel speed, bank slope, road cross section, and need for barriers. However, lakes immediately adjacent to "T intersections" shall be located based on a specific design analysis by the applicant's engineer which provides for safety and traffic considerations at the intersection. b. Fifty feet from side, rear, or abutting propelty lines, except where the excavation IS located in agriculturally or industrially zoned districts abutting a residentially zoned district, the setback shall he 100 feet from the residentially zoned property. Exceptions to these setbacks may be granted if the following criteria are met: installation of proper fencing (minimum ffiHf six feet chain link), berms, walls, or other engineered protective measures for the portion of the property line within 100 feet of the lake. The minimum setback from any property line to the control elevation contour shall be 20 feet. c. From jurisdictional wetlands setbacks will be determined using standards set by SFWMD or the Department of Environmental Protection, as applicable. (2) Side slopes. The finished side slopes of the excavated area, expressed as the ratio of the horizontal distance in feet to one foot of vertical drop, shall be as follows: A maximum four to one slope shall be graded from the existing grade to a breakpoint at least ten feet below the control elevation. Below this breakpoint, slopes shall be no steeper than two to one. a. All governmg side slopes shall be considered from 20 feet outside the control elevation contour of the resulting excavation. b. If rock, homogenous to the bottom of the excavation, is encountered at any elevation above the breakpoint, then the remaini.ng slope below the breakpoint shall be no steeper than 0.5 to one. If said homogenous rock is encountered below the breakpoint, then the slope below the breakpoint shall be no steeper than two to one to the rock elevation, and no steeper than 0.5 to one from the rock elevation to ten feet below the control elevation. c. In the event that property where a commercial or exempt agricultural excavation was previously excavated is rezoned/developed for uses other than agriculture, the excavation shall be modified to the standards for development excavations in accordance with the requirements of section 22-112(b) proper, or other criteria as may be more stringent. d. Exceptions to the side slope requirements that may be justified by such alternatives as artificial slope protection or vertical bulkheads shall be approved in advance by the site developmeHt revie'l" Engineering Review Services Department Deirector, where justification shall be documented in a design analysis prepared by a professional engineer registered in the State of Florida. Bulkheads may be allowed for no more than 40 percent of the shoreline length. Exception to the breakpoint depth mav be granted by the Engineering Services Department based on historical water elevation data. e. Reser/ed. foe. No building construction permits will be issued for any proposed construction around the perimeter of any excavation where the minimum clearance between the 9 Words strewk through are deleted, words underlined are added. 17D . excavation top-of-bank and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent to the proposed construction have been completed and approved by the county manager or designee. Exceptions to this requirement will be made in those instances where the perimeter of the excavation will be bulkheaded in accordance with the provisions of section 22-112(b)(4). (3)' '-Depths. Unless site conditions, water quality or soil information indicates otherwise, the excavation depths as measured from the permitted control elevation shall be as follows: a. Maximum. Private and development excavations shall not exceed 20 feet in depth unless computations using the "fetch formula" of maximum depth = 5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: (A+B)/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. Commercial excavations shall not exceed 20 feet in depth unless otherwise supported by the "fetch formula," or if it can be shown from a comparative water quality study that depths in excess of 20 feet will not, because of aquifer conditions or relative location to coastal saline waters, have a detrimental effect on the groundwater resources in the surrounding area. b. Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur in wet retention areas during the dry season of the year, the bottom elevation of these excavations shall he at least six feet below dry season water table, unless the portion of the lake in question is a littoral zone planting area. c. Over-excavation. In those instances where the excavator over-excavates the depth of the excavation by more than an average of ten percent, written justification shall be submitted to the county manager or designee by ,the project's surveyor/engineer providing an assessment of the impact of the over-excavation on the water quality of the excavation. If, upon review of the assessment statement by the county manager or designee and e~nvironmental aAdvisory lOCouncil, the increased depth is found to be unacceptable, the permittee shall be required to fill the excavation to the permitted depth with materials and methods approved by the county manager or designee. If the depth is deemed acceptable by the county manager or designee and approved by the environmental advisory council, a penalty will be against the permittee for the volume of over-excavated material. The penalty shall be set by resolution for each additional cubic yard of excavated material. (4) Fencing. If, at any time, the county manager or designee finds that the location and conditions of an excavation are not in, or able to be brought into, compliance with all requirements of this article, the excavation shall be buffered with a minimum of a fffilfsix- foot-high fence with "No Trespassing" signs as deemed appropriate by the county manager or designee to deter passage of persons. (5) Hours of operation. Hours of equipment and blasting operations shall be regulated by appropriate county ordinance and state laws. Unless otherwise approved by the county manager or designee, all excavation operations with the exception of dewatering pumps, which are within 1,000 feet of developed residential property, shall be limited to operating hours 10 Words struck through are deleted, words underlined are added. . between 7:00 a.m. and 5:00 p.m., Monday through Saturday. Hours of operation for private and for type I afld type II commercial excavations located in Estates zoning districts shall be 7:00 a.m. to 5:00 p.m., Monday through Friday. Additionally, such excavation operations shall be in compliance with any and all county ordinances which establish operating controls by hours, days, noise level, or other parameters relating to public health, safety and welfare. (6r ~.Restoration. Upon completion of the excavation operation, the subject property shall be restored as required by the 1986 State of Florida Resource Extraction Reclamation Act (F.S. ch. 378, pt. IV). Reclamation shall mean the reasonable rehabilitation of the total disturbed area where the resource extraction has occurred, and shall meet the reclamation performance standards established by the state. All disturbed areas, including the excavation side slopes above the water liBe control elevation contour and a 20-foot wide area around the entire perimeter of the excavation, measured from the control elevation contour, shall be sodded or fertilized and seeded with a quick-catch seed variety approved by the county manager or designee within 60 days of the final side slope shaping in order to minimize the potential for erosion. liD (7) Discontinuance of operations. If the excavating operation is inactive for a period of 90 consecutive days, except due to strikes or acts of God, all side slopes, including the working face, shall conform with this article and a report so stating, prepared and sealed by the project's surveyor/engineer shall be submitted to the county manager or designee. Recommencement shall also be reported to the county manager or designee. If the excavating operation is never started or if discontinued for a period of one year, that permit is void unless a written request is made by the permittee with sufficient justification for a time extension in which case the county manager or designee may authorize a permit extension for up to 180 days. A new permit must be approved prior to commencement. (8) Non-water management system lakes. Non-water management system lakes of a surface area of one acre or less, may be riprapped along their entire shoreline under the following conditions: a. Side slopes shall be at a miflimum no steeper than a ratio of two to one. b. Littoral shelf areas must conform to section 3.05.10 of the WG.Land Development Code. c. Riprapping must extend down to the slope breakpoint required by section 22-112(2). d. The lake shall have protective barriers to prevent vehicular access where necessary. e. The lake shall meet all of the design requirements of this article and section 3.05.10 of the WG Land Development Code. (9) Amendments to approved excavations. Substantial changes to any approved excavation permit, (i.e. changes resulting in an increase of 20 percent or more in excavated volume resulting in less than 50,000 additional cubic yards), must be submitted to project plafl f-e\ iew the Engineering Services Department for review and approval, with such approval granted in writing prior to commencement of any proposed change. Littoral shelf areas must conform to section 3.05.10 of the WG Land Development Code. Failure to comply with 11 Words struck tllrough are deleted, words underlined are added. liD . the permit requirements shall be cause for the county manager or designee to issue stop work orders on all excavation related activities taking place or planned for the subject property. Insubstantial changes shall not require pJior wJitten approval and shall include reductions in surface area not affecting water management design quantities of mateJial to be removed. A wJitten descJiption of proposed insubstantial change, {including an illustrated as-built as per the excavation perm;t~2 many approved excavation shall be submitted in wJiting to the EngineeJing Services Department. project plaR review aRd to tHe development cornpliaRce departmeRt. (10) Special requirements for typ~ I and type II commercial excavations located in Estates zoninl< districts,are as follows.\~ a. Type I aRd type II cCommercial excavations will be required to apply for must be authoJized bv a conditional use appro'ial permit for the parcel(s) tflat where the excavation occurs eft. b. Conditional uses and excavation permits expIre after one year, with a provision for one additional one~year extension upon payment of a renewal fee and inspection fees. c. Blasting will not be permitted. If test holes show that rock is less than 12 feet from the oJiginal grade, removal methods must receive staff approval. d. Hours of operation for digging and/or offsite hauling will be 7:00 a.m. to 5:00 p.m., Monday through FJiday. e. All areas disturbed as a result of fill storage must be seeded and mulched upon completion of construction. Prior to release of the performance bond, the planted seed must reach a height of six inches. Rye grass is acceptable for this purpose. f. Lake location and size. For parcels five acres m SIze and smaller, the surface of the lake can occupy a maximum of 40 percent of the lot area. For parcels over five acres and up'to ten acres, the surface area of the lake can occupy a maximum of 45 percent of the lot area. For parcels over ten acres, the surface area of the lake can occupy a maximum of 50 percent of the lot area. Finished lakes shall be irregularly shaped with no comers less than 40 feet in radius, and must otherwise conform to section 5.05.08 of the Land Development Code. Setbacks less than 50 feet from control elevation contour to property line are peflTlitted allowed if proper fencing (4& 72 inches high and "childproof") is used. Under no circumstances will a setback of less than 20 feet from control elevation contour to propertv line be allowed. There shall be no exceptions to the 50 foot front yard setback from the road Jight-of- way line. g. Depths. Type I afld type II eCommercial excavations located in Estates zoning districts shall not exceed 20 feet in depth. The minimum depth shall be 12 feet 6 feet below low water at the middle of the excavation. See section 22-112te1(I) for exceptions. h. Sideslopes shall be no steeper than one foot vertical to four feet horizontal to a depth of ten feet below control elevation and may be as steep as one foot vertical to two feet hoJizontal below that elevation. Exception to the breakpoint depth mav be granted bv the EngineeJing Services Department based on histoJical water elevation data. 12 Words struck tHroUgH are deleted, words underlined are added. 17D . 1. Building envelope. A minimum one-acre building envelope is required. The envelope shall be contiguous, rectangular in shape, and may extend to the property lines and include setbacks. The minimum dimension of any side of the rectangle shall be 150 feet. J. Stockpiles. Temporary stockpile areas shall occupy a miflimum of one aere. The stockpile area may occupy the future homesite. Proper erosion control and sediment measures (meeting ~PDES standards) must be used at the stockpile site. k. Littoral zone plantings must conform to section 3.05.10 of the illG Land Development Code. I. Federal and state agency permits. Any excavation in an area containing SFWMD (Southwest Florida Water Management District), DEP (Department of Environmental Protection) zOfliflg district, or USACGE (United States Army Corps of Engineers) jurisdictional vegetation must obtain a permit from the applicable agency prior to issuance of the excavation permit. (11) Erosion control. Upon completion of any lake construction, a silt fence must be installed around all portions of the lake which are contiguous to proposed new construction. Portions of the silt fence may be removed after the new construction (i .e. residences. roads, drainage) adiacent to that section of silt fence has been approved. Alternate means of erosion control, meeting federal and state standards, may be approved by the Engineering Services Director, or designee, upon submittal of a plan showing the proposed erosion control method SECTION FIVE: Article IV, Section 22-113, Inspection and Reporting Requirements, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-113. Inspection and Reporting Requirements. (a) Inspection. (1) Collier County personnel, !laving given reasonable advance notice, shall have the right to enter the property permitted for excavation and may from time to time carry out monthly inspections of the excavation site, which may includ~ffig the collection of water samples to determine compliance with the provisions of this article and any special conditions attached to the excavation permit as issued by Collier County. (2) Upon reasonable notice from Collier County personnel that an inspection 1S to be conducted" which requires the assistance and/or presence of the permittee or his representative, the permittee or his representative shall be available to assist and/or accompany county personnel in the inspection of the excavation site. (3) Collier County personnel are not obligated to carry out a detailed topographic survey to determine compliance with this aArticle. Upon a finding of violation of this Article or the special conditions of the excavation permit, the county manager or designee shall advise the permittee in writing by certified letter. The permittee shall, within 15 days of receipt of such notice, have either the violation corrected or submit in writing why such correction cannot be accomplished within the IS-day period. Such written communication shall also state when the violation is to be corrected. If, in the opinion of the county manager or designee, the delay in correcting the violation is excessi ve, he may recommend to the board that the excavation permit be temporarily suspended or permanently revoked. Upon correction of the 13 Words struck through are deleted, words underlined are added. 110 ./ violation, the permittee may be required by the county manager or designee to have an appropriate report, letter and/or survey, whichever is applicable, prepared, sealed and submitted to Collier County by the project's engineer/surveyor. Failure to do so shall be cause for revoking the permit. (4) Monthlv inspections bv countv personnel will be conducted for all commercial, development, and nrivate excavations. (b) Reporting. (I) Status reports. The permittee shall provide the community development and environmental services administrator, or his designee, with an excavation activities status report as follows: a. Private and type I alia. type II commercial excavations located in Estates zoninJ? district. A final status report within 30 days after the final completion of the excavation. b. Development and all type II! commercial excavations. An annual status report every 12 months over the duration of the permit and a final status report within 30 days after the final completion of each phase of the excavation. If a final status report will be filed within four months of the required annual status report, then the need for the preceding annual status report shall be wai ved. The final status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental services administrator, or his designee, to accurately determine the status of the excavation, its compliance with this Article and the special conditions of the excavation permit: 1. A sealed topographic survey prepared by the project's surveyor/engineer, containing the following: a) A base line along the top of the perimeter of the excavation, clearly referenced to known points and adjacent property.or tract lines, if appropriate, with right angle cross sections taken which clearly show the as-built side slope and depth of the excavation at each station. Unless otherwise approved by the county manager or designee, cross sections shall be taken every 100 feet on excavations less than fi ve acres or less, and every 300 feet on excavations over five acres. Partial cross sections showing the as-built side slopes will be necessary on the ends of the excavation and around the perimeter of the excavation where due to its irregular shape, the base line right angle cross sections do not accurately depict the actual constructed slopes. The cross section survey data shall be plotted at an appropriate scale and the as-built side slope ratio computed for each of the segments between the survey data points. The approved design cross section, including the breakpoints, shall be superimposed on each as-built cross section to facilitate visual verification of substantial compliance with provisions of this article. Side slopes shall be graded to within a reasonable tolerance as will be determined by the county manager or designee, depending upon local site conditions. b) On all planned unit development or subdivision projects, the outline of the excavation) top-of-bank shall be accurately plotted and referenced to known control points in order that: 14 Words struck through are deleted, words underlined are added. 170 . i) The surface area can be verified as meeting size and retention/detention storage needs. The computed surface area at control elevation shall be shown to the nearest tenth of an acre. ii) It can be determined that the excavation was constructed within easements dedicated for that purpose. c) ". _ Calculation of value of excavated material as follows: Cubic yards used on site + Cubic yards removed from site + Cubic yards remaining on site in stockpiles = Total cubic yards excavated. 2. A certification from the project's surveyor/engineer stating that they have visually inspected all dikes around any dewatering storage areas, if any, and have alerted the permittee of any apparent weak spots or failures which shall be promptly corrected by the permittee to assure that there will be no potential for dike rupture that would cause off-site flooding. 3. A certification from the project's surveyor/engineer shall accompany all final completion status reports stating that, based on their observations and surveys, all work on the excavation(s) was completed within reasonably acceptable standards of this article and any special stipulations placed upon the excavation permit. 4. The annual status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental services administrator, or his designee, to accurately determine the status of the excavation, its compliance with this article and the special conditions of the excavation permit: a) An annual aerial photograph with a scale of no less than one-inch equals 200 feet. b) Depth of excavation soundings taken on a 300-foot grid. c) The property lines of the commercial excavation site as shown on an aerial photograph. d) At the completion of any lake or phase of the excavation permit, a sealed topographic map by the project surveyor/engineer shall be submitted in conformance to the preceding section 22-1 I 3(b)( 1) b.l.a). SECTION SIX: Article IV, Section 22-114, Fees, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-114. Fees. (a) Application fee. A nonrefundable and nontransferable application fee shall be paid at the time of application for private, commercial or development excavation permits to cover the costs of processing the application. Should a road impact analysis be required in accordance with section 22-111 (a)(3)f. of this article, the application fee shall be increased to cover the cost of the road impact analysis. (b) Permit/ Review fee. Within 60 days after approval notification and prior to its issuance, an additional nonrefundable and nontransferable permit/review fee shall he paid to cover the cost of eJlcavatioR mORitoriRg shall be paid the proiect and plan reviews. 15 Words struck through are deleted, words underlined are added. 17D . ~ RElad damage repair fee. The rElad damage repair fee attributable tEl the hauling of e:,cavated fill material across count)' roads is $0.017 cents per cubic yard of excavated fill material. The f-ee is to be paid yearly. The fimt year's fee is to be estimated by the community development aHd ef!virof!mef!tal services divisiof! based Of! information submitted by the applicaRt. SubsequeRt yearly f-ees will be based OR the previous year's total excavation that appears 6f! the ~RHHaLstatus report (seerioR 22 113(b)(1)b.1.c). f<B if} Time extension fee. Each written request for the extension of permit issuance time shall be accompanied by a nonrefundable time extension fee to cover the costs of processing the request and the county manager or designee shall not consider the request received until this extension fee is paid in full. fe1 W Reapplication fee. If a private excavation is not completed within a 12- month period, a second application and a nonrefundable reapplication fee must be submi tted to the county manager or designee. fA ~ Annual renewal fee. Annual status reports filed on development or commercial excavations shall be accompanied by an annual nonrefundable renewal fee to cover the cost of reviewing the annual status report. en Monthlv insoection fee: A monthly inspection fee, paid in advance for 12 months, and due prior to issuance of a permit and then due 30 days prior to the anniversary date of the permit, shall be required for all private, development. and commercial excavations. If the excavation is completed and approved with monthly inspection fees remaining, the remaining fees will be returned. eg) All fees required by this Ordinance shall be set by resolution. SECTION SEVEN: Article IV, Section 22-115, Performance Guarantee Requirements, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-115. Performance Guarantee Requirements. (a) Upon approval of any commercial or development excavation permit, but prior to the issuance thereof, the applicant shall, after notification that the permit has been approved, execute an excavation performance security agreement stating that the applicant will comply with the provisions of this article and the permit. Governmental entities shall be exempt from this requirement except for independent special-purpose government such as a community development district (CDD). Excavation performance security shall be required of an independent special-purpose government in accordance with section 22-115(a)(3). The excavation performance security agreement shall be guaranteed by one of the following three methods: (1) Excavations performed in conjunction with a planned unit development or subdivision development where excavated materials are not removed from the boundary of the development and the plan for revised topography has been approved by the county manager or designee may be guaranteed by a subdivision completion bond in accordance with Chapter 10 of the illG Land Development Code governing the final platting of a subdivision. (2) All other excavations shall, within 60 days after approval notification, have their performance guaranteed by: (a) a cash deposit or certificate of deposit assigned to the b~oard of County Commissioners, (b) an irrevocable letter of credit or surety bond. Unless 16 Words stmel, thrElHgR are deleted, words underli ned are added. 17D . otherwise approved by the county manager or designee, certificate assignments or letters of credit shall be documented on forms to be provided by Collier County. The performance guarantee posted for on-site excavation activities shall be in an amount of no less than $25,000.00 nor more than $500,000.00 ] ,000,000.00 computed at the rate of $20.00 for sand and $100 for rock per foot of total lake bank perimeter$0.25 ]'ler c\;bic yard to be excavated to ensure compliance with "ihe-provisions of this article, but such performance guarantee shall not act to limit any guarantees required for off-site road impacts that may be necessary in accordance with section 22-1I1(a)(3)f. The County mav require the performance guarantee posted for on-site excavation activities to be recomputed at anv time during the proiect construction for completed, approved lakes and/or the addition of lake bank perimeter. The recomputed rate shall not be less than $25,000.00 nor more than $1.000.000.00. This performance guarantee shall not be returned until the final approval of the excavation has been granted. (3) The excavation performance security for an independent special-purpose government such as a community development district (CDD) shall be in the following form: a. Funds held by the bond trustee for a community development district which are designated for excavation improvements. The CDD shall enter into an excavation performance security agreement with the county in a form acceptable to the county attorney. The excavation performance security agreement shall provide that (a) all permits required for the construction of the excavations(s) shall be obtained by the CDD prior to excavation permit issuance by Collier County, (b) the project as defined in the CDD's bond documents must include the excavation improvements and cannot be amended or changed without the consent of the county, and (c) the developer shall be required to complete the excavation improvements should the CDD fail to complete same. (b) The performance guarantee-shall be executed by a person or entity with a legal or financial interest in the property and shall remain in effect until the excavation and the requirements of section 3.05.10 of the bf}G Land Development Code are completed in accordance with this article. Performance guarantees may be recorded in the official records of the county and title to the property shall not be transferred until the performance guarantee is released by the county manager or designee. (c) All performance guarantees shall be kept in continuous effect and shall not be allowed to terminate without the written consent of the county manager or designee. (d) Should the county find it necessary to utilize the performance guarantee to undertake any corrective work on the excavation, or to complete the excavation under the terms of this article, or to correct any off-site impacts of the excavation, the permittee shall be financially responsible for all legal fees and associated costs incurred by Collier County in recovering its expenses from the firm, corporation or institution that provided the performance guarantee. SECTION EIGHT: Article IV, Section 22-116, Appeals, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-116. Appeals. 17 Words stmck thro\;gR are deleted, words underlined are added. 17D ..,,'. . All actions of the county manager or designee shall, if at all, be appealed to the board. Any applicant who is aggrieved by the action of the board relative to the issuance of a permit, or any person adversely affected by the issuance of a permit may challenge said action or issuance by appropriate action in a tribunal or court of competent jurisdiction within 30 days from the date of said issuance or action. Failure to file an appropriate action within the prescribed time limit shall operate as"abarcto, and waiver of, any claim for relief. SECTION NINE: Article IV, Section 22-117, Penalties and Enforcement, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-117. Penalties and Enforcement. In addition to the over-excavation penalty provided in section 22-1 12(3)(c), any person who violates any section of this article shall be prosecuted and punished as provided by F.S. !l 125.69. Each day a violation exists shall be considered a separate offense. The board or any persons whose interests are adversely affected may bring suit, in the Circuit Court of Collier County, for damages or to restrain, enjoin or otherwise prevent the violation of this article. The county manager or designee is vested with the authority to administer and enforce the provisions of this article and is authorized to take action to ensure compliance with, or prevent violation of, the provisions of this article, and shall have authority to issue administrative stay orders. Failure to file timely status reports with accompanying permit renewal fees and inspection fees, or failure to keep the performance guarantee in continuous effect shall be cause for the county manager or designee to issue stop work orders on all improvements or planned improvements for the subject property. SECTION TEN: Article IV, Section 22-119, Compliance with State and Federal Permits, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-119. Compliance with state and federal permits. The issuance of a permit in accordance with the provisions of this article is not intended to preclude the right or authority of any other federal or state agency from requiring separate permits in accordance with rules and regulations of that agency. In a case where multiple permits are required, the most stringent stipulations and requirements of each permit shall govern the work permitted under this article. SECTION ELEVEN: Article IV, Section 22-120, Variances of the Code of Laws and Ordinances of Collier County, Florida is added as follows: Sec. 22-120. Variances. (a) Any person who is affected by the lake location and slzmg requirements of this subsection may make application to the County Manager, or his designee, for a variance if strict compliance wi th this subsection will impose a unique, unnecessary and inequitable hardship on the person or the affected property. Relief may be granted only upon submitted proof that such hardship is peculiar to that person or that affected property, the problem is not self-imposed. and that the granting of the variance would be consistent with the general intent and purpose of this sections and the variance is the minimum variance necessary to eliminate the hardship. (1) The County Manager. or his designee. is the only person authorized to grant or deny variances for the lake location and sizing requirements. The County Manager. or his designee should render a decision on the variance request within ten working days after actual receipt of a complete application. Denial of a variance request may be appealed to tbe Board of Zoning Appeals within ten 18 Words stnwl, thrmlgh are deleted, words underlined are added. 170 . working davs of actual receipt bv the applicant of the decision of the Countv Manager. or his designee on the initial request. (2) An application for variance, and/or the granting of a variance. shall operate prospectivelv and shall not affect anv then pending enforcement action against the propertv owner pursuant to the provisions of this subsection or otherwise. SECTION TWE_LVE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restJictive shall apply. If any Section, phrase, sentence or portion of this Ordinance is for any reason held in invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOURTEEN: Effective Date. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: .eC JENNIFER A. B DIO Assistant County A ney 19 Words stmek tRroHgh are deleted, words underlined are added. 17D . January 5,2006 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Amending the Excavation Ordinance Dear Legals: Please advertise the above referenced petition on Sunday, January 8, 2006 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./Account #131-138327-649100 17D . NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 24, 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 AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE IV, WHICH REGULATES EXCAVATIONS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, AS PROMULGATED BY ORDINANCE 04-55, AMENDING SECTION 22-109, PERTAINING TO EXEMPTIONS; AMENDING SECTION 22-110, PERTAINING TO EXCAVATION REVIEW PROCEDURES; AMENDING SECTION 22-111, PERTAINING TO APPLICATION REQUIREMENTS FOR EXCAVATION PERMITS; AMENDING SECTION 22-112, PERTAINING TO CONSTRUCTION REQUIREMENTS FOR EXCAVATIONS; AMENDING SECTION 22-113, PERTAINING TO INSPECTION AND REPORTING REQUIREMENTS; AMENDING SECTION 22-114, PERTAINING TO FEES; AMENDING SECTION 22-115, PERTAINING TO PERFORMANCE GUARANTEE REQUIREMENTS; AMENDING SECTION 22-116, PERTAINING TO APPEALS; AMENDING SECTION 22-117, PERTAINING TO PENALTIES AND ENFORCEMENT; AMENDING SECTION 22-119, PERTAINING TO COMPLIANCE WITH STATE AND FEDERAL PERMITS; ADDING SECTION 22-120, PERTAINING TO VARIANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 17D ..f:: . 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) Ann P. Jennejohn To: Subject: Attachments: Good Morning, legals@naplesnews.com Excavation Ordinance 170 Amends 2004-55 Excavation.doc; AMEND ORD 04-55 Excavation.doc Please advertise the attached on Sunday, January 8, 2006. Thank you, Ann 774-8406 ~ Amends 2004-55 Excavation.doc ", AMEND ORD 04-55 Excavation.doc... 1 ..,. ~s . Ann P. Jennejohn 110 ''!ill! ~ . From: Sent: To: Subject: ClerkPostmaster Thursday, January 05, 2006 11 :41 AM Ann P. Jennejohn Delivery Status Notification (Relay) Attachments: ATT2192268.txt; Excavation Ordinance [J ~01 L::...J ATT2192268.txt (229 B) Excavation Ordinance 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 Excavation Ordinance 170 Page 1 of 1 . Ann P. Jennejohn From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Thursday, January 05, 2006 12:06 PM To: Ann P. Jennejohn Subject: RE: Excavation Ordinance OK -----Original Message----- From: Ann P. Jennejohn [mailto:Ann.Jennejohn@clerk.collier.fl.us] Sent: Thursday, January 05, 2006 11 :41 AM To: legals@naplesnews.com Subject: Excavation Ordinance Good Morning, Please advertise the attached on Sunday, January 8, 2006. <<Amends 2004-55 Excavation.doc>> <<AMEND ORD 04-55 Excavation.doc>> Thank you, Ann 774-8406 1/5/2006 o NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Il, Lamb, who on oath says that they serve as the Assistant Corpomte Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper I time(s) in the issue January 8th, 2006 Affiant further says that the said Naples Daily News is a newspaper published at Xaples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida. each day and has been entered as second class mail matter at the post office in ;-..Japles, in said Collier County, Florida, for a period of I year next preceding the first publication orthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or rdund for the pUIlwSC of securing this advertisement for publication in the said newspaper. /J. ---1 ( s\'gnature of affiant) Sworn to and subscribed before me This January 9th. 2006 7~Aw> it' e~4:7 (Signature of notarv public) ,I . I ,~\':A~f~ Harriett Bushona t./A\.~ MYCOMMISSKlN# DD23468? EXPIRES ~.~,,,:' July 24, 2007 -"l;iif.:Nt-" '10NDEDTHRU TROY FAIN INSURANC( INC NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby,glven that on Tuesday, Janu- ary,24, 2006, In the Boardroom, 3rd Floor. Adltllnl$tratlon BuildIng Collier County Govern~ ment Center, 3301 East Tamlaml TraIl, Naples, Flortda, the Board of Copnty Commissioners will consider the enact-I ment of a County ordl-j' nance. The meetIng will commence at' 9:00 A.M. TM title of the prO-I pose(:l OrdInance Is as I follows: AN ORDINANCE AMEND- I."jDJ~8i1V~NOlE't~~ COLLi,ER COUNTY FLORIDA, AMENDING AR~ TICLE IV, WHICH REGU- LATES EXCAVATIONS WITHIN THE UNINCOR- PORATED AREA' OFCOL- lIER COUNTY, AS PROM- ULGATED BY ORDI- NANCE 04-55, AMENDING SECTION ,22-1P9, PER- TAINING TO EXEMP-, TmNS; AMENDING SEC-' 'rION 2,2-110, PERTAIN-I ING TO EXCAVATION RE- VIEW PROCEDURES' AMEN,DING SECTION 22~I' 111, PERTAINING TO AP- PLICATION REQUIRE- MENTS FOR EXCAVA- TION PERMITS; AMEND- ING SECTION 22-112" PERTAINING TO CON- STRUCTION REOUIRE-I. MENTS FOR EXCAVA-, TlONS; AMENDING SEC- TION 22-113.1 PERTAIN- ING TO rNSPtCTION AND REPORTING REQUIRE- MENTSj' AMENDINQ SEC- TION 2'114, PERTAfN- ING TO FEES;. AMENDING SECTION 22-115, PER- TAINING TO PE-RFORM- ANCE GUARANTEE RE- QUIREMENTS; AMEND-' ING SECTION 22-116, PERTAINING TO AP- PEALS: AMENDING SEC- TION ,22-117, PERTAIN- ING TO PENALTIES AND ENFORCEMENT; AMEND- ING SECTIQ-N--22-119, PERTAINING TO COMPLI- ANCE WITH STATE AND FEDERAL PERMITSl'ADD- INO SECTION 2 -120, PERTAfNING TO VARI- ANCES; PROVIDING FOR CONfLICT AND SEVERA- BILITY: PROVIDtNG FOR' INCLUSION IN THE COL- LIER COUNTY CODE OF LAWS AND ORDI- NANCES; AND PROVID- ING AN EFFECTIVE DATE. l17D Copies of the proposed i Ordinance are on file I with the Clerk to the Board and are available for l1}SPectian. All Inter" I ested ~Ies are Invited to attend and be heard. NOTE: AU persons wish- ing to speak on any agenda Item must regis- ter with the County ad- i mlnlstrator frlor to pre-I sentatlon 0 the agenda I Item to be addressed. IndIvidual speakers will be limited to 5 minutes on anY' Item, The selec- tion of an IndivIdual to speak on behalf of an organization or group is encouraged. If recog- nized by the Chairman, a:'s~p.et'soFl".'tora: group or organization m~y.. be allotted 10 min- utes to speak on an Item. Persons wishing to have written or graphIc materIals Included In the Board agenda pack- ets mustl submit said material' a minimum of 3 weeks prior to the re- spective public hearing, In any case, written ma- terials Intended to be considered by tI1e Board shall be submitted to the approprIate County staff a minimum of sev- en days prior to the pUblic hearing, All ma- terIal used In presenta- tions befOi'e the Eioard will b-ecolTle aperma- nent part ofttle record, Any person who decid- es to appeal. a decision of the Board wIll need a record of the proceed- Ings pertaIning thereto an(t therefore, may need to ensure that a verba-j tlm record of the pro-; ceedlngs Is made, which I record Includes the tes- i tlmony and evidence: upon which the appeal II Is based. BOARD OF COUNTY COMMISSIONERS ~,%hJ;A E ILC,Q.1LQY 'I FRED W, COYLE, CHAIR- MAN ' DWIGHT E. BROCK, CLERK By: Ann Jennelohn, Deputy Clerk (SEAL:! _~an. 8 No. 1293341 -., ':'~-- ORIGINAL -oocuMENTS CHECKLIST & ROUTING SLIP 1 7 D TO ACCOMPANY AJ.L ORtGlNAt 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 !f!tt the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I dIrough #4 as appropriate for additional ,ignlllules, dates, and/or information needed. If the document is already complete with the ex lion ofthc Chairman's s' lIlure draw a line throu routin lines N1 throu #4, Iete the checklist. and forward to Sue Filson line #S . Route to Addressee(s) Offke Initials Date ist in routin order PRIMARY CONTACT INFORMATION (The primlll1' contact is the holder of the original document pending ace approval. Normally the primlll1' contact is the pmon who createdlprcpared the executive summmy. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infunnation. All original docwnmU needing the BeC Cbainnan's signature at< to be dclivm:d to the BeC officc only allct the BeC has acted to approve the item. Name of Primary Staff Stanley Chrzanowski Contact Agenda Date Item was January 24, 2006 ved b the BCC Type of Document Attached I. Sandra Lea CDES Administration 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office Phone Number Agenda Item Number Ordinance t..601.tJ-01 Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is 'ate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office 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 ssibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other . es exce 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 licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BeC un 1/24/06 (euter date) and all changes made during the meeting have beeu incorporated in the attached document. The Coun Atturo 's omce has reviewed the chaD es if a licable. 659-5751 17 I: Forms! County Forms! BCC Forms! 0riJinal Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 224.05 170 ORDINANCE 06- OLl AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE IV, WHICH REGULATES EXCA V A TIONS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, AS PROMULGATED BY ORD:[NANCE 04-55, AMENDING SECTION 22-109, PERTAINING TO EXEMPTIONS; AMENDING SECTION 22.110, PERTAINING TO EXCAVACTION REVIEW PROCEDURES; AMENDING SECTION 22-111, PERTAINING TO APPLICATION REQUIREMENTS FOR EXCA V A TION PERMITS; AMENDING SECTION 22-112, PERTAINING TO CONSTRUCTION REQUIREMENTS FOR EXCAVATIONS; AMENDING SECTION 22-113, PERTAINING TO INSPECTION AND REPORTING REQUIREMENTS; AMENDING SECTION 22-114, PERTAINING TO FEES; AMENDING SECTION 22-115, PERTAINING TO PERFORMANCE GUARANTEE REQUIREMENTS; AMENDING SECTION 22-116, PERTAINING TO APPEALS; AMENDING SECTION 22- 117, PERTAINING TO PENALTIES AND ENFORCEMENT; AMENDING SECTION 22-119, PERTAINING TO COMPLIANCE WITH STATE AND FEDERAL PERMITS; AMENDING SECTION 22-120, PERTAINING TO VARIANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LA WS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing regulations necessary for the protection of the public; and WHEREAS, the Board of County Commissioners (Board) has determined that controlling excavations within Collier County is in the public's best interest; and WHEREAS, Collier County Engineering staff has determined that excavation procedures require updating and clarification due to changes in state legislation, Board policies, past experience, changes in population centers and an increased understanding of local ground water and traffic conditions. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONER OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Article IV, Section 22-109, Exemptions, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-109. Exemptions. (5) Agricultural drainage and irrigation work incidental to agricultural operations (see section 22-1I0(2) for off-site hauling). a. Excavations incidental to agriculture surface water management and water use facilities as included in existing South Florida Water Management District permits. All Words struck tllrough are deleted, words underlined are added. 170 excavated materials must remam on lands under the same ownership. Any transportation of materials over public roads is subject to appropriate traRsportation road use f-ees Right-of-Wav permits. (7) Fmm animal watering ponds or excavations located on single-family lots/tracts where the net property size is two acres or more are exempt from the permitting procedures contained in this artiele, but will require an Exempt excavation permit and must comply with all the construction standards of this article. Such exemptions apply only if~ a. E~xcavation does not exceed one acre in area and 20 feet in depth. b. Unless an excavation is located in an Agricultural zoning district, a A building permit for a single-family home must be issued prior to the county issuing a letter of exemptiof! an Exempt excavation permit. Activities set forth in sections 22-109(1), (except removal of excess material) 22- 109(2), 22-109(3), 22-109(5), and 22-109(6) above do not require letters of 0]lemptioR an Exempt excavation permit. Activities set forth in sections 22-109(4) and 22-109 (7) require submittal of plans or drawings of the proposed activity to the eEngineering plaf! review Services tlDepartment for a formal letter of exemption. SECTION TWO: Article IV, Section 22-110, Excavation Review Procedures, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 22-110 Excavation Review Procedures. (a) Types of excavation pennits. The permits required by this article shall be issued by the developmcf!t Engineering &~ervices tlDepartment in accordance with the procedures set forth herein and shall come under one of the following categories: (I) Private excavations. Private excavations are considered to be an excavation on non-commercial property where the excavated material is not removed from the property and where the disturbed surface area at grade does not exceed two acres. Where more than one excavation is proposed for the same piece of property or properties under common ownership and the combined disturbed surface area exceeds two acres, the permits shall not be issued as a private excavation. (2) Commercial excavations. (Types I, II, & III (.^., E, C, D)) Commercial excavations are considered to be any excavation wherein the excavated material is removed from the subject property. Except that up to 4,000 cubic yards of excavated material may be removed from an agriculturally zoned site if the fill is the result of a legitimate agricultural use as defined in other sections of this Code. For purposes of tllis sectiof!, tile followif!g defiRitioRs sllall apply: Type I commereial eKcavatiof! Located if! estates zOf!if!g districts witll a surface area less tllaf! tllree acres "vitll all excavatea material volume less tllaf! 60,000 cubic yards. Type II commercial excavatiof! Located if! estates zOf!if!g districts with dimeRsiof!s greater thaR tllose listed for type I commercial. Type III .^. commercial m:cavatioR Located iR agricultural zOf!if!g aistricts witll a volume less thllfl 100,000 cubic yards. 2 Words slruck tllrough are deleted, words underlined are added. 170 Type III B commercial eJlcavatioll Located ill agriwltural zollillg districts with a volume equal to or greater thall 100,000 cubic yards and less than 500,000 cubic yards. Type III C commercial excavatioll Located ill agricultural zORillg districts "vith a volume equal to or greater thaR 500,000 (JHbic yards aRd less than or equal to 5,000,000 cubic ~ Type III D commercial e!lcavatioR Located ill agricultural zOllillg districts with a volume greater thall 5,000,000 cubic yards. All approved developments with offsite hauling activities will be considered ~ lff-B. commercial excavations. See Section 22-11 0 (a) (3) b. for exemption. The miflimum lot size fDr allY Type III commercial eJlcayatioll shall be 20 acr-es. (3) Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: a. The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the aBoard after appropriate public hearings. b. If approved by the aBoard during the rezone and/or preliminary subdivision plat process, excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. (b) Issuance of permits. (1) Issuance of private and development excavation permits. The county manager or designee may administratively approve and issue private and development excavation permits where all of the applicable standards of this article have been met. When, in his opinion, the standards have not been met, the application shall be submitted to the environmental advisory council for recommendation with ultimate approval or denial required of the af!oard. (2) Issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the community development and environmental services administrator, or his designee, and by the environmental advisory council for recommendation and approved by the board. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the environmental advisory council shall be waived, but dependent on haul route and amount of fill to be hauled, staff may require approval by Collier County Planning Commission. (c) Notice of meeting. The county manager or designee shall give prior written notice of the environmental advisory council meeting, by first class mail, as noted in section 22- 3 Words stfHcl~ thrsllgh are deleted, words underlined are added. 170 111(a)(3)d., to all adjacent property owners (within 300 feet of the property line or within 500 feet of the excavation itself) as determined by reference to the latest official tax rolls. For Type I and Type II excavations located in Estates zoning districts, all owners of existing homes or homes under construction, (i.e. having broken ground on the date of submittal of the excavation permit application) within one mile of the site along the haul route must be notified in accordance with section 22-111(a)(3)d. of this Code. Such property owners may request that the item be heard by the 13.!;!oard of e~ounty eCommissioners at a public hearing. , (d) Excavation pennit criteria. Approval by the site develo]3ment reYlew Engineering Services DElirector, or his designee. and the 13.!;!oard shall be granted only upon competent and substantial evidence submitted by the applicant, that: (1) The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or natural flow way, whether public or private, so as to create flooding or public health hazards or jeopardize the functions of the natural resources and environment of Collier County. (2) Dust or noise generated by the excavation will not cause a violation of any applicable provisions of this article. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may require separate county approval. (3) The excavation will not adversely affect groundwater levels, water quality, hydroperiod or surface water flowways. The county manager or designee may require the applicant to monitor the quality of the water in the excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted in such a manner as to violate Collier County or applicable State of Florida water quality standards. (4) The excavation will be constructed so as not to cause an apparent safety hazard to persons or property. (5) The excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of critical state concern. (6) In cases where a wetland is no longer capable of performing environmental functions or providing enviroRmel1tal functiol1s or providing environmental values or in cases where it is determined that no reasonable alternative exists other than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county review processes. (7) Flow of water within and through preserved wetlands shall not be impeded. (8) Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to prevent sedimentation within the wetland pursuant to the design requirements of Section 10.02.02 of the Land Development Code. Any building site adjacent to a wetland and elevated by filling, must employ the same erosion control devices. Fill must be stabilized using sod, seed, or mulch. 4 Words struck tl1reugl1 are deleted, words underlined are added. 170 (e) Other permits required. All appropriate state and federal permits or approvals for work in jurisdictional areas shall be provided to the county manager or designee prior to issuance of an excavation permit. The excavation permit shall include authorization to remove vegetation within 20 feet of the lake control contour elevation and for the stockpile area. (f) ~Fees. and guarantees. Upon eCommunity aDevelopment and ef:;nvironmental &~ervices aAdministrator, or his designee, approval on behalf of the aBoard of e~ounty e~ommissioners, the applicant will, within 60 days of written notification from the e~ommunity aDevelopment and ef:;nvironmental &~ervices aAdministrator or his designee, pay the required permit! review fee, road use fee if required, and post, if required, the appropriate performance guarantee, in a format approved by the county attorney. IR addition, the apfllicant shall provide writteR proof of payment of road use f-ees iR accordaRce with section [22 111 (c)], if required. Failure to pay the fees and post the guarantee, within this time period shall constitute abandonment of the excavation permit application and will require complete reapplication and review in accordance with all requirements in effect at the time of reapplication, with the following exceptions: (I) Upon receipt of an applicant's written request with sufficient justification, as determined by the county manager or designee, and payment of a time extension fee, the county manager or designee may, one time only, authorize the extension of the permit issuance time for up to an additional 60 days. (2) All previously approved excavation permits that have yet to be issued by the county manager or designee become eligible for the above time extensions upon the effective date of this article. (g) Duration of excavation permits. (1) Private excavation and tYfle laRd tYfle II commercial excavation permits located in Estates zoning districts shall be valid for a period of 12 months from the date of issuance. If the work is not completed in that time, a second application, with a reapplication fee must be submitted to the county manager or designee, requesting up to an additional 12 months to complete the excavation. If the county manager or designee finds sufficient good cause to grant the request, a permit extension will be issued. (2) Commercial tYfle III and development excavation petmits will be of indefinite duration or until the excavation reaches the limits of the permitted size, provided the excavating operation remains active in accordance with the requirements of this article. Thirtv (30) davs prior to anniversary date of permit, an annual status report, a renewal fee, and a 12 month inspection fee, set by resolution. shall be required. (h) Excavation avvlication time limit for review. Excavation application. once deemed complete and sufficient. will remain under review so long as a resubmittal in response to County reviewers' comments is received within 270 calendar days from the date on which the comments were sent to the applicant. If a response is not received within this time. the application for the excavation review will be considered withdrawn and cancelled. Further 5 Words struck through are deleted, words underlined are added. 170 review of the proiect will require a new application and payment of new application fees subiect to the then current regulations. SECTION THREE: Article IV, Section 22-111, Application Requirements for Excavation Permits. Sec. 22-111. Application Requirements for Excavation Permits. (a) Unles;'otherwise directed, one copy of all required application documents shall be submitted to the county manager or designee on a form to be supplied by Collier County. The application shall include, but not be limited to, the following information: (1) The name, address and telephone number of the applicant or his agent, and, if known, the excavator. (2) Proof of ownership, legal description and location of the property involved. A small location map, drawn on 8 1I2-inch by ll-inch paper, shall accompany the application, clearly showing the location of the proposed excavation(s) in relation to commonly recognized landmarks. (3) A signed statemeRt Excavation Application provided by the e~ounty and completed by the applicant or his agent which includes: a. A statement that he has read this article and agrees to conduct the excavation in accordance with this article, this Code and other county and state codes and laws. b. A statement of the purpose of the excavation and intended use of the excavated material. c. Exhibits prepared and sealed by the project's surveyor/engineer showing: 1. The boundaries of the property. 2. Existing grades on the property. 3. The level of the mean annual high and low water table with supporting information relative to how elevations were determined. 4. The grades which will exist following the completion of the excavation. 5. The volume of the excavation as measured from the natural grade. 6. Easements, existing utilities, roads and setbacks, and zoning. 7. Drainage and flowways. 8. Aerial limits of any special site vegetation such as mangrove, cypress or other wetland species. 9. For development and all type III commercial excavations, logs of soil auger borings with field classification shall be provided, unless existing recent data is available and provided to the county manager or designee, for use in determining minimum and maximum depths and appropriate side slope configurations and evidence of any confining layers, (this latter to determine if on-site or adjacent wetlands are "perched. ") The depth of the soil auger borings shall extend to a point at least one foot below the proposed bottom elevation of the excavation, and shall be of at least the following density according to size of each excavation; zero to four and nine-tenths acres/two locations; five to nine and nine-tenths acres/three locations; ten acres or more/three locations plus one for each additional 20 acres or fractional part thereof. 6 Words struck through are deleted, words underlined are added. 170 10. For private aad tYfle I eommerGial excavations, two auger borings or a simple machine excavated hole to a depth of 13 feet below the wet season water table must be submitted. II. For type I and type II commercial excavations, the site must be posted with a notification of the date, time, and location of the public healing before the board of county commissioners. 12. For tYfle I aad type II commercial excavations located in Estates zoning districts, a list of homeowners and a map of all existing dwellings and dwellings under construction (i .e. having broken ground on the date of submittal of application) at the time of submittal of the applieation aleflg adiacent to the haul route, and one mile in any direction, must be submitted for notification to the Communitv Development Division Engineering Services Department along with envelopes having postage for two ounces and addressed to the owners of those dwellings or dwellings under construction. d. If the project is to be submitted to the e~nvironmental aAdvisory eCouncil, a list of the names and addresses, obtained from the latest official tax rolls, of all owners or owner associations of property within one-fourth mile of the excavation or on-site vehicle access route or within 300 feet of the property lines of the property on which the excavation is to be performed, whichever is less, must be submitted to the Engineering Services Director or desi gnee. The applicant shall also furnish the CO<laty Manager Engineering Services Director or designee with said owners' names and addresses on pre-addressed four inches by nine and one-half-inch envelopes with first class, plus one additional ounce, postage ready for mailing. For type I aad type II excavations, all owners of eJlisting homes or homes under construetisn (i.e. having broken ground on the date of submittal of the applieation) withia one mile of the site along the haul route must be notified. The petitioner shall submit a list of these homeowners aloag with stalfl]3ed, having two ounees worth of first class postage, pre addressed envelopes to the eOffilfluait)' development divisioa, engineeriag review departmeat. e. Water management plan detailing methods for the conservation of existing on-site and off-site surface drainage systems and groundwater resources. Copies of an appropriate surface water management permit and/or water use permit (dewatering) as required and issued by the South Florida Water Management District shall be provided to the county manager or designee prior to commencing the excavation operation. f. If excavated material will be removed from the property, and unless, due to site-specific circumstances, the requirement is waived by transportation operations director, a traffic and road impact analysis will be made by the applicant to address the following: 1. Identifying the project's zone of influence, that is, the distance from the site that traffic is either generated from or attracted to. 2. The existing condition of the road system within the excavation project's zone of influence. 3. The capacity of the road system within the zone of influence to handle existing traffic, normal growth in the traffic, and additional traffic generated from the excavation 7 Words stmek through are deleted, words underlined are added. 170 project in consideration of the time frame of the traffic generation and the wheel loadings of such traffic. 4. The site-specific road work within the zone of influence which is necessary prior to the start of the. project and which will be necessary during the project so as to assure that premature road failure and/or severe road damage will not occur. 5. ~Road work to be undertaken by the applicant to mitigate adverse road impacts along with confirmation of the security, if applicable, to be provided by the applicant to assure completion of the identified road work. Any and all security and/or performance guarantee required in excess of $100,000.00 as set forth in the road use analysis shall be secured or guaranteed in accordance with seNioR 3.5.10. Drior to Excavation permit issuance. Should there not be concurrence by transportation operations director and the applicant, about the improvements, maintenance, performance guarantee and/or other requirements on the part of both parties based on the road impact analysis, the permit application along with applicable information shall be subject to review and recommendation by the Collier County Planning Commission followed by review and action by the board. g. The permittee may provide a phasing plan whereby the required performance guarantee may be reduced provided that security requirements are met in the first phase. No excavation shall take place in future phases until either the first phase is completed and approved by Collier County or additional security requirements are provided for the future phase(s) of work. Performance guarantees for platted lakes shall be in an amount equal to the engineer's certified construction estimate. fbjh. Should blasting be necessary m conjunction with the excavation, all blasting shall be done under an approved Collier County user/blaster permit with no overburden removed prior to blasting from the area planned for excavation unless otherwise approved by the county manager or designee. Said permits shall be obtained from the Collier County Development Engineering Services Department. Should approval for blasting not be granted to the applicant, the applicant shall remain responsible to meet any and all requirements of an approved excavation permit unless the subject excavation permit is modified in accordance with this article. fe1L If trees are to be removed as a result of the excavating operation, a simultaneous submittal shall be made to the e~nvironmental staff of tile plaHRiRg s~ervices tlDepartment. Approval by e~nvironmental Services staff will constitute a permit for removal of the vegetation when the excavation permit is granted. Wi If the application is made by any person or firm other than the owner of the property involved, a written and notarized approval from the property owner shall be submitted prior to processing of the application. SECTION FOUR: Article IV, Section 22-112, Construction Requirements for the Construction of Excavations, of the Code of Laws and Ordinances of Collier County, Florida, is amended as follows: Sec. 22-112. Construction Requirements for tlte COHstFlIetioH of Excavations. 8 Words struck tllrougll are deleted, words underlined are added. 170 All requirements of the South Florida Water Management District, Permit Information Volume IV, along with the following requirements, shall apply to all excavations. (1) Setbacks. Excavations shall be located so that the control elevation contour of the excavation shall adhere to the following minimum setback requirements: Exception, where an excavation crosses common parcel or propertv lines, the setback requirements are exempt at the contiguous property lines. a. Fifty feet from the right-of-way line or easement line of any existing or proposed, private or public, street, road, highway or access easement. Exceptions to the above- referenced setbacks may be developed and shall be subject to final approval by the development services administrator or his designee. Said exceptions shall be based upon recognized standards for traffic engineering and road design (AASHTO and/or Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida) and shall incorporate such factors as road alignment, travel speed, bank slope, road cross section, and need for baniers. However, lakes immediately adjacent to "T intersections" shall be located based on a specific design analysis by the applicant's engineer which provides for safety and traffic considerations at the intersection. b. Fifty feet from side, rear, or abutting property lines, except where the excavation IS located in agriculturally or industrially zoned districts abutting a residentially zoned district, tbe setback shall be 100 feet from the residentially zoned property. Exceptions to these setbacks may be granted if the following criteria are met: installation of proper fencing (minimum feHF six feet chain link), berms, walls, or other engineered protective measures for the portion of the property line within 100 feet of the lake. The minimum setback from any property line to the control elevation contour shall be 20 feet. c. From jurisdictional wetlands setbacks will be determined using standards set by SFWMD or the Department of Environmental Protection, as applicable. (2) Side slopes. The finished side slopes of the excavated area, expressed as the ratio of the horizontal distance in feet to one foot of vertical drop, shall be as follows: A maximum four to one slope shall be graded from the existing grade to a breakpoint at least ten feet below the control elevation. Below this breakpoint, slopes shall be no steeper than two to one. a. All governmg side slopes shall be considered from 20 feet outside the control elevation contour of the resulting excavation. b. If rock, homogenous to the bottom of the excavation, is encountered at any elevation above the breakpoint, then the remaining slope below the breakpoint shall be no steeper than 0.5 to one. If said homogenous rock is encountered below the breakpoint, then the slope below the breakpoint shall be no steeper than two to one to the rock elevation, and no steeper than 0.5 to one from the rock elevation to ten feet below the control elevation. c. In the event that property where a commercial or exempt agricultural excavation was previously excavated is rezoned/developed for uses other than agriculture, the excavation shall be modified to the standards for development excavations in accordance with the requirements of section 22-112(b) proper, or other criteria as may be more stringent. 9 Words slnw]; tl1rough are deleted, words underlined are added. 170 d. Exceptions to the side slope requirements that may be justified by such alternatives as artificial slope protection or vertical bulkheads shall be approved in advance by the site develepmeet re'iie'.... Engineering Review Services Department D<lirector, where justification shall be documented in a design analysis prepared by a professional engineer registered in the State of Florida. Bulkheads may be allowed for no more than 40 percent of the shoreline length. Exception to the breakpoint dePth mav be granted bv the Engineering Services Department based on historical water elevation data. e. Reserved. he. No building construction permits will be issued for any proposed construction around the perimeter of any excavation where the minimum clearance between the excavation top-of-bank and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent to the proposed construction have been completed and approved by the county manager or designee. Exceptions to this requirement will be made in those instances where the perimeter of the excavation will be bulkheaded in accordance with the provisions of section 22-1l2(b)(4). (3) Depths. Unless site conditions, water quality or soil information indicates otherwise, the excavation depths as measured from the permitted control elevation shall be as follows: a. Maximum. Private and development excavations shall not exceed 20 feet in depth unless computations using the "fetch formula" of maximum depth = 5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: (A+B)/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. Commercial excavations shall not exceed 20 feet in depth unless otherwise supported by the "fetch formula," or if it can be shown from a comparative water quality study that depths in excess of 20 feet will not, because of aquifer conditions or relative location to coastal saline waters, have a detrimental effect on the groundwater resources in the surrounding area. b. Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur in wet retention areas during the dry season of the year, the bottom elevation of these excavations shall be at least six feet below dry season water table. unless the portion of the lake in question is a littoral zone planting area. c. Over-excavation. In those instances where the excavator over-excavates the depth of the excavation by more than an average of ten percent, written justification shall be submitted to the county manager or designee by the project's surveyor/engineer providing an assessment of the impact of the over-excavation on the water quality of the excavation. If, upon review of the assessment statement by the county manager or designee and eE;nvironmental aAdvisory eCouncil, the increased depth is found to be unacceptable, the permittee shall be required to fill the excavation to the permitted depth with materials and methods approved by the county manager or designee. If the depth is deemed acceptable by the county manager or designee and approved by the environmental advisory council, a penalty will be against the 10 Words struck through are deleted, words underlined are added. 170 permittee for the volume of over-excavated material. The penalty shall be set by resolution for each additional cubic yard of excavated material. (4) Fencing. If, at any time, the county manager or designee finds that the location and conditions of an excavation are not in, or able to be brought into, compliance with all requirements of this article, the excavation shall be buffered with a minimum of a feHrsix- foot-high fence with~~'No Trespassing" signs as deemed appropriate by the county manager or designee to deter passage of persons. (5) Hours of operation. Hours of equipment and blasting operations shall be regulated by appropriate county ordinance and state laws. Unless otherwise approved by the county manager or designee, all excavation operations with the exception of dewatering pumps, which are within 1,000 feet of developed residential property, shall be limited to operating hours between 7:00 a.m. and 5:00 p.m., Monday through Saturday. Hours of operation for private and for type I aRd type II commercial excavations located in Estates zoning districts shall be 7:00 a.m. to 5:00 p.m., Monday through Friday. Additionally, such excavation operations shall be in compliance with any and all county ordinances which establish operating controls by hours, days, noise level, or other parameters relating to public health, safety and welfare. (6) Restoration. Upon completion of the excavation operation, the subject property shall be restored as required by the ] 986 State of Florida Resource Extraction Reclamation Act (F.S. ch. 378, pt. IV). Reclamation shall mean the reasonable rehabilitation of the total disturbed area where the resource extraction has occurred, and shall meet the reclamation performance standards established by the state. All disturbed areas, including the excavation side slopes above the water liRe control elevation contour and a 20-foot wide area around the entire perimeter of the excavation, measured from the control elevation contour, shall be sodded or fertilized and seeded with a quick-catch seed variety approved by the county manager or designee within 60 days of the final side slope shaping in order to minimize the potential for erosion. (7) Discontinuance of operations. ]f the excavating operation is inactive for a period of 90 consecutive days, except due to strikes or acts of God, all side slopes, including the working face, shall conform with this article and a report so stating, prepared and sealed by the project's surveyor/engineer shall be submitted to the county manager or designee. Recommencement shall also be reported to the county manager or designee. ]f the excavating operation is never started or if discontinued for a period of one year, that permit is void unless a written request is made by the permittee with sufficient justification for a time extension in which case the county manager or designee may authorize a permit extension for up to ]80 days. A new permit must be approved prior to commencement. (8) Non-water management system lakes. Non-water management system lakes of a surface area of one acre or less, may be riprapped along their entire shoreline under the following conditions: a. Side slopes shall be at a miRimum no steeper than a ratio of two to one. b. Littoral shelf areas must conform to section 3.05.10 of the bDG.Land Development Code. ]] Words struck t,"roUgA are deleted, words underlined are added. 17D c. Riprapping must extend down to the slope breakpoint required by section 22-112(2). d. The lake shall have protective barriers to prevent vehicular access where necessary. e. The lake shall meet all of the design requirements of this article and section 3.05.10 of the-illG Land Development Code. (9) Amendments to approved excavations. Substantial changes to any approved excavation permit, (i.e. changes resulting in an increase of 20 percent or more in excavated volume resulting in less than 50,000 additional cubic yards), must be submitted to project plan review the Engineering Services Department for review and approval, with such approval granted in writing prior to commencement of any proposed change. Littoral shelf areas must conform to section 3.05.10 of the illG Land Development Code. Failure to comply with the permit requirements shall be cause for the county manager or designee to issue stop work orders on all excavation related activities taking place or planned for the subject property. Insubstantial changes shall not require prior written approval and shall include reductions in surface area not affecting water management design quantities of material to be removed. A written description of proposed insubstantial change, {including an illustrated as-built as per the excavation permit,} to any approved excavation shall be submitted in writing to the Engineering Services Department. project plan r-eview and to tHe development compliance department. (10) Special requirements for type I sma t'it's II commercial excavations located in Estates zoninz districts~are as (ollows:s a. Type I and type II c!:;ommercial excavations will be r-eqHired to apply for must be authorized bv a conditional use approval permit for the parcel(s) that where the excavation occurs efl. b. Conditional uses and excavation permits expIre after one year, with a provision for one additional one=year extension upon payment of a renewal fee and inspection fees. , c. Blasting will not be permitted. If test holes show that rock is less than 12 feet from the original grade, removal methods must receive staff approval. d. Hours of operation for digging and/or offsite hauling will be 7:00 a.m. to 5:00 p.m., Monday through Friday. e. All areas disturbed as a result of fill storage must be seeded and mulched upon completion of construction. Prior to release of the performance bond, the planted seed must reach a height of six inches. Rye grass is acceptable for this purpose. f. Lake location and size. For parcels five acres In sIze and smaller, the surface of the lake can occupy a maximum of 40 percent of the lot area. For parcels over five acres and up to ten acres, the surface area of the lake can occupy a maximum of 45 percent of the lot area. For parcels over ten acres, the surface area of the lake can occupy a maximum of 50 percent of the lot area. 12 Words stmck tHroUgh. are deleted, words underlined are added. 17D Finished lakes shall be irregularly shaped with no comers less than 40 feet in radius, and must otherwise conform to section 5.05.08 of the Land Development Code. Setbacks less than 50 feet from control elevation contour to property ]jne are permitted allowed if proper fencing (4&72 inches high and "childproof") is used. Under no circumstances will a setback of less than 20 feet from control elevation contour to propertv line be allowed. There shall be no exceptions to the 50 foot front yard setback from the road right-of- way line. g. Depths. Type I afld tYl'e II eCommercial excavations located in Estates zoning districts shall not exceed 20 feet in depth. The minimum depth shall be 12 f-eet 6 feet below low water at the middle of the excavation. See section 22-1I2fej(1) for exceptions. h. Sideslopes shall be no steeper than one foot vertical to four feet horizontal to a depth of ten feet below control elevation and may be as steep as one foot vertical to two feet horizontal below that elevation. Exception to the breakpoint depth mav be granted bv the Engineering Services Department based on historical water elevation data. I. Building envelope. A minimum one-acre building envelope is required. The envelope shall be contiguous, rectangular in shape, and may extend to the property lines and include setbacks. The minimum dimension of any side of the rectangle shall be 150 feet. J. Stockpiles. Temporary steckl'ile areas sllall occupy a miHimmn of OHe aere. The stockpile area may occupy the future homesite. Proper erosion control and sediment measures (meeting N~PDES standards) must be used at the stockpile site. k. Littoral zone plantings must conform to section 3.05.10 of the WG Land Development Code. I. Federal and state agency permits. Any excavation in an area containing SFWMD (Southwest Florida Water Management District), DEP (Department of Environmental Protection) zORiRg district, or USACGE (United States Army Corps of Engineers) jurisdictional vegetation must obtain a permit from the applicable agency prior to issuance of the excavation permit. (11) Erosion control. Upon completion of anv lake construction, a silt fence must be installed around all portions of the lake which are contiguous to proposed new construction. Portions of the silt fence mav be removed after the new construction (i .e. residences, roads, drainage) adiacent to that section of silt fence has been approved. Alternate means of erosion control. meeting federal and state standards, mav be approved bv the Engineering Services Director. or designee. upon submittal of a plan showing the proposed erosion control method SECTION FIVE: Article IV, Section 22-113, Inspection and Reporting Requirements, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-113. Inspection and Reporting Requirements. (a) Inspection. (1) Collier County personnel, having given reasonable advance notice, shall have the right to enter the property permitted for excavation and may from time to tiffie carry out monthlv inspections of the excavation site, which mav includQHTg the collection of water samples 13 Words stmck tllrough are deleted, words underlined are added. 170 to determine compliance with the provisions of this article and any special conditions attached to the excavation permit as issued by Collier County. (2) Upon reasonable notice from Collier County personnel that an inspection is to be conducted, which requires the assistance and/or presence of the permittee or his representative, the permittee or his representative shall be available to assist and/or accompany county personnel in the inspection of the excavation site. (3) Collier County personnel are not obligated to carry out a detailed topographic survey to determine compliance with this aArticle. Upon a finding of violation of this Article or the special conditions of the excavation permit, the county manager or designee shall advise the permittee in writing by certified letter. The permittee shall, within IS days of receipt of such notice, have either the violation corrected or submit in writing why such correction cannot be accomplished within the IS-day period. Such written communication shall also state when the violation is to be corrected. If, in the opinion of the county manager or designee, the delay in correcting the violation is excessive, he may recommend to the board that the excavation permit be temporarily suspended or permanently revoked. Upon correction of the violation, the permittee may be required by the county manager or designee to have an appropriate report, letter and/or survey, whichever is applicable, prepared, sealed and submitted to Collier County by the project's engineer/surveyor. Failure to do so shall be cause for revoking the permit. (4) Monthlv inspections bv countv personnel will be conducted for all commercial, development, and private excavations. (b) Reporting. (1) Status reports. The permittee shall provide the community development and environmental services administrator, or his designee, with an excavation activities status report as follows: a. Private and type I a.wi typ" II commercial excavations located in Estates zoninl< district. A final status report within 30 days after the final completion of the excavation. b. Development and all type !II commercial excavations. An annual status report every 12 months over the duration of the permit and a final status report within 30 days after the final completion of each phase of the excavation. If a final status report will be filed within four months of the required annual status rep0l1, then the need for the preceding annual status report shall be wai ved. The final status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental services administrator, or his designee, to accurately determine the status of the excavation, its compliance with this Article and the special conditions of the excavation permit: 1. A sealed topographic survey prepared by the project's surveyor/engineer, containing the following: a) A base line along the top of the perimeter of the excavation, clearly referenced to known points and adjacent property or tract lines, if appropriate, with right angle cross sections taken which clearly show the as-built side slope and depth of the excavation at 14 Words strucl; thrOlolgh are deleted, words underlined are added. 170 each station. Unless otherwise approved by the county manager or designee, cross sections shall be taken every 100 feet on excavations less tHaH five acres or less, and every 300 feet on excavations over five acres. Partial cross sections showing the as-built side slopes will be necessary on the ends of the excavation and around the perimeter of the excavation where due to its irregular shape, the base line right angle cross sections do not accurately depict the actual constructed slopes. T~e cross section survey data shall be plotted at an appropriate scale and the as-built side slope ratio computed for each of the segments between the survey data points. The approved design cross section, including the breakpoints, shall be superimposed on each as-built cross section to facilitate visual verification of substantial compliance with provisions of this article. Side slopes shall be graded to within a reasonable tolerance as will be determined by the county manager or designee, depending upon local site conditions. b) On all planned unit development or subdivision projects, the outline of the excavation~s top-of-bank shall be accurately plotted and referenced to known control points in order that: i) The surface area can be verified as meeting size and retention/detention storage needs. The computed surface area at control elevation shall be shown to the nearest tenth of an acre. ii) 11 can be determined that the excavation was constructed within easements dedicated for that purpose. c) Calculation of value of excavated material as follows: Cubic yards used on site + Cubic yards removed from site + Cubic yards remaining on site in stockpiles = Total cubic yards excavated. 2. A certification from the project's surveyor/engineer stating that they have visually inspected all dikes around any dewatering storage areas, if any, and have alerted the permittee of any apparent weak spots or failures which shall be promptly corrected by the permittee to assure that there will be no potential for dike rupture that would cause off-site flooding. 3. A certification from the project's surveyor/engineer shall accompany all final completion status reports stating that, based on their observations and surveys, all work on the excavation(s) was completed within reasonably acceptable standards of this article and any special stipulations placed upon the excavation permit. 4. The annual status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental services administrator, or his designee, to accurately determine the status of the excavation, its compliance with this article and the special conditions of the excavation permit: a) An annual aerial photograph with a scale of no less than one-inch equals 200 feet. b) Depth of excavation soundings taken on a 300-foot grid. c) The property lines of the commercial excavation site as shown on an aerial photograph. 15 Words simek tHrBugh are deleted, words underlined are added. 170 d) At the completion of any lake or phase of the excavation permit, a sealed topographic map by the project surveyor/engineer shall be submitted in conformance to the preceding section 22-113(b)(l) b.1.a). SECTION SIX: Article IV, Section 22-114, Fees, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-114. FeeS.- (a) Application fee. A nonrefundable and nontransferable application fee shall be paid at the time of application for private, commercial or development excavation permits to cover the costs of processing the application. Should a road impact analysis be required in accordance with section 22-111 (a)(3)f. of this article, the application fee shall be increased to cover the cost of the road impact analysis. (b) Permit/ Review fee. Within 60 days after approval notification and prior to its issuance, an additional nonrefundable and nontransferable permit/review fee shall be paid to cover the cost of excavation monitoring shall be paid the proiect and plan reviews. W Road damage r.epair fee. The road damage repair f<!e attributable to the hauling of exca'/ated fill material across county roads is $0.017 cents per cubic yard of excavated fill material. The f-ee is to be paid yearly. The first year's fee is to be estimated by the community development and environmental services division based on information submitted by the applicaflt. Subsequent yearly fees will be based on the pre'lious year's total exca':ation that appears on the afInual status r.eport (section 22 113(b)(1)b.1.c). ffrlif} Time extension fee. Each written request for the extension of permit issuance time shall be accompanied by a nonrefundable time extension fee to cover the costs of processing the request and the county manager or designee shall not consider the request received until this extension fee is paid in full. W @ Reapplication fee. If a private excavation is not completed within a 12- month period, a second application and a nonrefundable reapplication fee must be submitted to the county manager or designee. (B if} Annual renewal fee. Annual status reports filed on development or commercial excavations shall be accompanied by an annual nonrefundable renewal fee to cover the cost of reviewing the annual status report. (n Monthly insvection fee: A monthly inspection fee, paid in advance for 12 months, and due prior to issuance of a permit and then due 30 days prior to the anniversary date of the permit. shall be required for all private. development. and commercial excavations. If the excavation is completed and approved with monthly inspection fees remaining, the remaining fees will be returned. (g) All fees required by this Ordinance shall be set by resolution. SECTION SEVEN: Article IV, Section 22-115. Performance Guarantee Requirements, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-115. Performance Guarantee Requirements. (a) Upon approval of any commercial or development excavation permit, but prior to the issuance thereof, the applicant shall, after notification that the permit has been 16 Words struck through are deleted, words underlined are added. 170 approved, execute an excavation performance security agreement stating that the applicant will comply with the provisions of this article and the permit. Governmental entities shall be exempt from this requirement except for independent special-purpose government such as a community development district (COD). Excavation performance security shall be required of an independent special-purpose government in accordance with section 22-115(a)(3). The excavation perfOlmafice security agreement shall be guaranteed by one of the following three methods: (1) Excavations performed in conjunction with a planned unit development or subdivision development where excavated materials are not removed from the boundary of the development and the plan for revised topography has been approved by the county manager or designee may be guaranteed by a subdivision completion bond in accordance with Chapter 10 of the bf>G Land Development Code governing the final platting of a subdivision. (2) All other excavations shall, within 60 days after approval notification, have their performance guaranteed by: (a) a cash deposit or certificate of deposit assigned to the bI!.oard of County Commissioners, (b) an irrevocable letter of credit or surety bond. Unless otherwise approved by the county manager or designee, certificate assignments or letters of credit shall be documented on forms to be provided by Collier County. The performance guarantee posted for on-site excavation activities shall be in an amount of no less than $25,000.00 nor more than $500,000.00 1.000,000.00 computed at the rate of $20.00 for sand and $100 for rock per foot of total lake bank perimeter$0.25 per cubic yard to be excavated to ensure compliance with the provisions of this article, but such performance guarantee shall not act to limit any guarantees required for off-site road impacts that may be necessary in accordance with section 22-111 (a)(3)f. The County may require the performance guarantee posted for on-site excavation activities to be recomputed at any time-during the proiect construction for completed, approved lakes and/or the addition of lake bank perimeter. The recomputed rate shall not be less than $25,000.00 nor more than $1.000.000.00. This performance guarantee shall not be returned until the final approval of the excavation has been granted. (3) The excavation performance security for an independent special-purpose government such as a community development district (COD) shall be in the following form: a. Funds held by the bond trustee for a community development district which are designated for excavation improvements. The COD shall enter into an excavation performance security agreement with the county in a form acceptable to the county attorney. The excavation performance security agreement shall provide that (a) all permits required for the construction of the excavations(s) shall be obtained by the COD prior to excavation permit issuance by Collier County, (b) the project as defined in the COD's bond documents must include the excavation improvements and cannot be amended or changed without the consent of the county, and (c) the developer shall be required to complete the excavation improvements should the COD fail to complete same. (b) The performance guarantee shall be executed by a person or entity with a legal or financial interest in the property and shall remain in effect until the excavation and the 17 Words struck through are deleted, words underlined are added. 170 requirements of section 3.05.10 of the bf>G Land Development Code are completed in accordance with this article. Performance guarantees may be recorded in the official records of the county and title to the property shall not be transferred until the performance guarantee is released by the county manager or designee. (c) All performance guarantees shall be kept in continuous etfect and shall not be allowed to teffilinate without the written consent of the county manager or designee. (d) Should the county find it necessary to utilize the performance guarantee to undertake any corrective work on the excavation, or to complete the excavation under the terms of this article, or to correct any off-site impacts of the excavation, the permittee shall be financially responsible for all legal fees and associated costs incurred by Collier County in recovering its expenses from the firm, corporation or institution that provided the performance guarantee. SECTION EIGHT: Article IV, Section 22-116, Appeals, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-116. Appeals. All actions of the county manager or designee shall, if at all, be appealed to the board. Any applicant who is aggrieved by the action of the board relative to the issuance of a permit, or any person adversely affected by the issuance of a permit may challenge said action or issuance by appropriate action in a tribunal or court of competent jurisdiction within 30 days from the date of said issuance or action. Failure to file an appropriate action within the prescribed time limit shall operate as a bar to, and waiver of, any claim for relief. SECTION NINE: Article IV, Section 22-117, Penalties and Enforcement, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-117. Penalties and Enforcement. In addition to the over-excavation penalty provided in section 22-112(3)(c), any person who violates any section of this article shall be prosecuted and punished as provided by F.S. S 125.69. Each day a violation exists shall be considered a separate offense. The board or any persons whose interests are adversely affected may bring suit, in the Circuit Court of Collier County, for damages or to restrain, enjoin or otherwise prevent the violation of this article. The county manager or designee is vested with the authority to administer and enforce the provisions of this article and is authorized to take action to ensure compliance with, or prevent violation of, the provisions of this article, and shall have authority to issue administrative stay orders. Failure to file timely status reports with accompanying permit renewal fees and inspection fees, or failure to keep the performance guarantee in continuous effect shall be cause for the county manager or designee to issue stop work orders on all improvements or planned improvements for the subject property. SECTION TEN: Article IV, Section 22-119, Compliance with State and Federal Permits, of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-119. Compliance with state and federal permits. The issuance of a permit in accordance with the provisions of this article is not intended to preclude the right or authority of any other federal or state agency from requiring separate ]8 Words struck through are deleted, words underlined are added. 17D permits in accordance with rules and regulations of that agency. In a case where multiple permits are required, the most stringent stipulations and requirements of each permit shall govern the work permitted under this mticle. SECTION ELEVEN: Alticle IV, Section 22-120, Variances of the Code of Laws and Ordinances of Collier County, Florida is amended as follows: Sec. 22-120. Variances. (a) Any person who IS affected by the lake location and sizing requirements of this subsection may make application to the County Manager, or his designee, for a variance if strict compliance with this subsection will impose a unique, unnecessary and inequitable hardship on the person or the affected property. Relief may be granted only upon submitted proof that such hardship is peculiar to that person or that affected property, the problem is not self-imposed, and that the granting of the variance would be consistent with the general intent and purpose of this sections and the variance is the minimum variance necessary to eliminate the hardship. (1) The County Manager, or his designee, is the only person authorized to grant or deny variances for the lake location and sizing requirements. The County Manager. or his designee should render a decision on the variance request within ten working days after actual receipt of a complete application. Denial of a variance request may be appealed to the Board of Zoning Appeals within ten working days of actual receipt by the applicant of the decision of the County Manager, or his designee on the initial request. (2) An application for variance, and/or the granting of a variance, shall operate prospectively and shall not affect any then pending enforcement action against the property owner pursuant to the provisions of this subsection or otherwise. SECTION TWELVE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any Section, phrase, sentence or portion of this Ordinance is for any reason held in invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEEN: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "section", "mticle", or any other appropriate word. 19 Words struck through are deleted, words underlined are added. 17D SECTION FOURTEEN: Effective Date This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULit.ADOPT~ b~~he Board of County Commissioners of Collier Coo"'y, FI="', 1h'~~ <Joy of ~OIl6. A TTESJ;' .~~~<.': <. DWIG1.I'(E. BROCK, CLERK "-': .'--', .J .' ....~,. .y~:~Bi,. · C"'_"l~ CI,,' .-.. .' 0II1y. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT~ORIDA ~>~K?/ By: _ FRANK HALAS, Chairman Ap oved as to form and legal sufficiency: Item # l'lD 1- 2~,bb Agenda Dale DeI~ l-Z5.-6~ Rec' 20 Words struck through are deleted, words underlined are added. STATE OF FLORIDA) 17D 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 2006-04 Which was adopted by the Board of County Commissioners on the 24th 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 25th day of January, 2006. ~ ," .' DWIGHT E. BROCK ,,:"" >, Clerk of Courts'ano"ClerK. Ex-officio to Boarci'of' ? \. I>" '"': County Commissioners '.' . , ~\ n (J..,~~ l,."-__A'Jje l)(..V1~ 1..'; '. - -.-...~". ..' .' A \ :..~ ,'" 'I, _ OJ"':' '~.- -, '1 . J.J By: Heidi R. Ro~kh61a~ . Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBUC HEARINGS 11ti)o To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement 0 Other: (Display Adv., location, etc,) ._..*.....*._._._._._._._.._._.__._.................._._***_...w........_..__....._......_...._...._...._. Originating Deptl Div: County Attorney Person: David C. Weigel Date: 01106/06 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (!fmore space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearingl!!jays before hearing. 01/24/06 Newspaper(s) to be used: (Complete only if important): X Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2002-27 CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING FOR: MODIFICATION OF PURPOSE RELATING TO THE MANGROVE FOREST PRESERVE; CHANGE OF NAME OF ADVISORY COMMITTEE TO THE PELICAN BAY SERVICES DMSION BOARD; REVISION OF APPOINTMENT PROCEDURE UPON VACANCY; REVISION OF DUTIES OF THE ADVISORY COMMITTEE (PELICAN BAY SERVICES DIVISION BOARD) AND THE COUNTY MANAGER; MULTIPLE VICE CHAIRS; PROVIDNG FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE, Companion petition(s), if any & proposed hearing date: Dnes Petition Fee include advertising cost? X Yes 0 Nn !fYes, what account should be charged for advertising costs: ~ 010510-649100 /- (IJ-{)~ , Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearini" before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to Connty Manager. Note: Hlegal document Is Involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. Tbe Manager's office will distribute copies: o County Manager agenda Die: 10 Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *******...*************************************.*********.***********.********...**..**********.*~****..*.. FOR CLERK'S OFFICE USE O?tY: r Date Received: f 10'0 Date of Public hearing: 1/2,4(010 Date Advertised: 1/13/010 17f . January 10,2006 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance amending Ordinance 2002-27; Pelican Bay Municipal Service Taxing and Benefit Unit Dear Legals: Please advertise the above referenced notice on Friday, January 13, 2006, 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./Account #001-010510-649100 17E ~ NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 24, 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 AMENDING COLLIER COUNTY ORDINANCE NO. 2002-27 CREATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; PROVIDING FOR: MODIFICATION OF PURPOSE RELATING TO THE MANGROVE FOREST PRESERVE; CHANGE OF NAME OF ADVISORY COMMITTEE TO THE PELICAN BAY SERVICES DIVISION BOARD; REVISION OF APPOINTMENT PROCEDURE UPON VACANCY; REVISION OF DUTIES OF THE ADVISORY COMMITTEE (PELICAN BAY SERVICES DIVISION BOARD) AND THE COUNTY MANAGER; MULTIPLE VICE CHAIRS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item, The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 17E BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: //Ann Jennejohn, Deputy Clerk (SEAL) . Ann P. Jennejohn 17E Q To: Subject: legals@naplesnews.com Pelican Bay MSTBU Ordinance Attachments: AMEND.ORD 02-27 (Pelican Bay MSTU).doc; AMEND 2002-27 Pelican Bay.doc Good Morning, Please advertise the attached on Friday, January 13, 2006. Thank you, Ann AMEND.ORD 02-27 (Pelican Bay M... AMEND 2002-27 Pelican Bay.doc ... *Note, new Chairman: Frank Halas 1 17E . Ann P. Jennejohn From: Sent: To: Subject: Clerk Postmaster Tuesday, January 10, 2006 11 :12 AM Ann P. Jennejohn Delivery Status Notification (Relay) Attachments: ATT506940.txt; Pelican Bay MSTBU Ordinance [J" ,."." .-.' B' '<, " . .",' ATTS06940.txt Pelican Bay MSTBU (229 B) Ordinance This is an automatically generated Delivery Status Notification. Yqur 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 Pelican Bay MSTBU Ordinance Ann P. Jennejohn 17E Page 1 of 1 o From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, January 10, 2006 3:00 PM To: Ann P. Jennejohn Subject: RE: Pelican Bay MSTBU Ordinance OK -----Original Message----- From: Ann P. Jennejohn [mailto:AnnJennejohn@clerk.collierJl.us] Sent: Tuesday, January 10, 2006 11:12 AM To: legals@naplesnews.com Subject: Pelican Bay MSTBU Ordinance Good Morning, Please advertise the attached on Friday, January 13, 2006. Thank you, Pelican Bay.doc>> Ann <<AMEND.ORD 02-27 {Pelican Bay MSTU).doc>> *Note, new Chairman: Frank Hq!as 1/10/2006 <<AMEND 2002-27 Naples Daily News Naples. FL 34102 17E Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE, 001230 59167662 001010510649100 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida: each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON, 01/13 01/13 AD SPACE, 129.000 INCH FILED ON, 01/13/06 --------------------------------------------------+------------------------ Signature of Affiant /J. ---1 Sworn to and Subscribed before me this l1~day of ~~ 20~!?j 'moo"n, ,,- '" oe MAM,tl j("<4';;1 ,'-;}.~~~:f;:'\, . <..' " .~c, Harnett Bushono ::~..Jlt>.k'J MY COMMISSION # 002346S? EXPIRES C(o;-f:*,~'" '" July 24.2007 ." -,' ..JNc,frITHiWTROVFi1ININSURANCE,INC NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday) Janu- ary 24, 2006, In the Boardroom, 3rd Floor, Administration Building, Collier County Govern. ment Center, 3301 East Tam!aml Trail, Naples, FlOrida, the Board of County Commissioners will consider the enact- ment of a County Ordi. nance. The meetmg will commence at 9:00 A.M. The title of the pro" posed Ordinance is as follows: AN ORDINANCE AMEND- ING COLLIER COUNTY ORDINANCE NO. 2002-27 CREATING THE PELICAN BAY MUNICIPAL SERV- ICE TAXING AND BENE- FIT UNIT: PROVIDING FOR: MODIFICATION OF PURPOSE RELATING TO THE MANGROVE FOREST PRESERVE; CHANGE OF NAME OF ADVISORY COMMITTEE TO THE PELICAN BAY SERVICES DIVISION BOARD: REVI. SION OF APPOINTMENT PROCEDURE UPON VA. g~~li~; oRl~~JO:D$r~i SORY COMMITTEE (PEl- ICAN BAY SERVICES DI- VISION BOARD) AND THE COUNTY MANAGER: MULTIPLE VICE CHAIRS; PROVIDING FOR CON- FLICT AND SEVERABILI- TY; PROVIDING FOR IN- CLUSION IN CODE OF LAWS AND ORDI- NANCES; AND PROVID- ING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for Inspection. All inter' ested parties are invited to attend and be heard. NOTE: All persons wish- ing to speak on any agenda item must regis- ter with the County ad. ministrator prior to pre- sentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selec- tion of an individual to speak on behalf of an organization or group is encouraged. If recog- nized by the Chairman.' a spokesperson for a i group or organization may be allotted 10 min- utes to speak on an item. Persons wishing to have written or graphic materials Included in the Board agenda pack- ets must submit said materia! a minimum of 3 weeks prior to the re- spective publiC hearing. In any case, written ma- terials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of sev- en days prior to the public hearing. All ma- terial used in presenta- tions before the Board will become a perma- nent part of the record. Any person who decid- ~f t~e 'WJ'a~~1 ~il~~~;~O~ record of the proceed- Ings pertaining thereto and therefore, may need to ensure that a verba- tim record of the pro- ceedings is made which record includes the tes- timony and evidence ~P~~e~~iCh the appeal BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIR- MAN DWIGHT E. BROCK, CLERK By: IIAnn Jennejohn, Deputy Clerk (SEAl) Jan. 13 No. 1296973 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E 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 arc to be forwarded to the Board Office only lifter 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 throul:!:h routioo! lines #1 throu!!h #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine: order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the Bee Chairman's signature are to be delivered to the Bce office only after the Bee has acted to approve the item.) ~~~~c~fPrimary Staff ,"Y\,I.... \; \ ~C i Agenda Date Item was A roved by the BCC Type of Document Attached Phone Number JI; .'( l Agenda Item Number 11"1 ('lC'-C II Yes (Initial) N/A(Not A licable) , \ -OJ Number of Original Documents Attached f\ r I ,i."" rlA l ( I ) ,',I {\ t I ') I: Forms/ County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.0].04, Revised I _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 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 oftlce 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 Bee on '\ ~) ,Il C, (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne '5 Office has reviewed the chan es, if a licable. 2, 3. 4. 5, 6, 17E ORDINANCE NO. 2006 - 05 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2002-27 CREATING THE PEUCAN BA Y MUNICIPAL SER VICE TAXING AND BENEFIT UNIT; PROVIDING FOR: MODIFICATION OF PURPOSE RELATING TO THE MANGROVE FOREST PRESERVE; CHANGE OF NAME OF ADVISORY COMMITTEE TO THE PELICAN BAY SERVICES DIVISION BOARD; REVISION OF APPOINTMENT PROCEDURES UPON VACANCY; REVISION OF DUTIES OF THE ADVISORY COMMITTEE (PELICAN BAY SERVICES DIVISION BOARD) AND THE COUNTY MANAGER; MULTIPLE VICE CHAIRS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 28, 2002, the Collier County Board of County Commissioners (the "Board") working with the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee residential and commercial property owners of Pelican Bay, adopted Collier County Ordinance No. 2002-27 pertaining to the Pelican Bay Municipal Service Taxing and Benefit Unit; and WHEREAS, after three and one-half years of administration and practical application of Ordinance No. 2002-27, the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee has considered and requested the Board to consider and adopt certain discrete revisions amending Ordinance No. 2002-27 and has coordinated such desire with the County Manager; and WHEREAS, the Board, having considered the request of the Advisory Committee, does hereupon amend Collier County Ordinance No. 2002-27. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE OF COLLIER COUNTY ORDINANCE NO. 2002-27: Section One is hereby amended to read as follows: SECTION ONE: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit. Pursuant to Chapter 125, Florida Statutes, and Collier County Ordinance No. 88-23, the Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter "Unit") is hereby created for the purpose of providing street lighting, water management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas. including Page I of II Words underlined are added; Words ,!rHO]' IRr8HgR are deleted. 17E the restoration of the mangrove forest preserve and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road. While repealing prior ordinances pertaining to the Unit, the purpose of this Ordinance is to adopt a new ordinance that consolidates said preexisting ordinances into one easily read and understood ordinance, with some modifications that express the will of the property owners within the Unit. SECTION TWO: AMENDMENT TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO. 2002-27 Section Four is hereby amended to read as follows: SECTION FOUR: Purpose; Powers. The Unit is formed for the purpose of providing street lighting, water management, ambient noise management, extraordinary law enforcement service and beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas including the restoration of the mangrove forest preserve and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road in the above-described taxing and benefit unit and to that end shall possess all the powers to do all things reasonably necessary to provide such services. SECTION THREE: AMENDMENT TO SECTION FIVE OF COLLIER COUNTY ORDINANCE NO. 2002-27 Section Five is hereby amended to read as follows: SECTION FIVE: Annual Estimates of Expenses; Taxation & Assessment Rate. For the purpose of carrying into effect and the administration of this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, review and adopt an itemized estimate of the amount of money required to carry out the business of the Unit for the next fiscal year, which shall be from October 1 to and including September 30 following (the "Budget"). The proposed Budget shall be prepared iR cORslIltatien with and reviewed by the Munieiflal Eerviee TWliRg aRE! Benefit Unit f.dvisery Committee (the "CoHlHlittee") Pelican Bay Services ~ivision Board prior to its consideration by the Board of County Commissioners and after review by the Committee Pelican Bay Services Page 2 of II Words underlined are added; Words s(mok tkmugk are deleted. 17E ~ivision Board. the budget shall be heard, considered and adopted by the Board of County Commissioners as provided for herein. The proposed Budget shall describe the purpose or purposes for which the moneys are required and the amount necessary to be raised by taxation and special assessment within the Unit. At the time and place for establishing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all property within the Unit subject to taxation or assessment a millage and assessment sufficient to meet the requirements of the Budget; provided, however, the total millage shall not exceed the millage authorized by law for municipal service, taxing and benefit units. SECTION FOUR: AMENDMENT TO SECTION SEVEN OF COLLIER COUNTY ORDINANCE NO. 2002-27 Section Seven is hereby amended to read as follows: SECTION SEVEN: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee Known as the Pelican Bay Services ~ivision Board. Concurrent with the passage of the Ordinance, an eleven (11) member advisory committee to be known as the Pelican Bay Services ~ivision Board (PBSO Board) MUHicipal Service TaJliRg afIB Benefit Unit Advisory Cemmittee is hereby created. Those individuals who are members of the PBSO Board CoRlHlittee pursuant to Collier County Ordinance No. 90-111, as amended, as of the moment priorto the effective date of this Ordinance, shall continue on as members of the PBSO Board Committee until March 31slofthe year in which their term would have expired as set forth in the prior ordinances, and shall continue to hold over and serve in that capacity until their position is filled as provided for in this Ordinance. SECTION FIVE: AMENDMENT TO SECTION EIGHT OF COLLIER COUNTY ORDINANCE NO. 2002-27 Section Eight is hereby amended to read as follows: SECTION EIGHT: Composition, Nomination and Appointment. A) The PBSO Board Committee shall be representative of the residential, business and commercial interests and landowners in Pelican Bay. To that end, nine (9) of the PBSO BoardCommittee members shall be representative of the residential interests within the Unit and two (2) of the PBSO BoardCommittee members shall be representative of the commercial and business interests within the Unit. Page 3 of II Words underlined are added; Words sl,""" Ihre"gh are deleled. 17E Members of the PBSO BoardCommittee shall be appointed by and serve at the pleasure of the Board of County Commissioners pursuant to the procedure outlined herein. The nine (9) PBSO BoardCemmittee members representative of the residential interests within the Unit shall be residents of and qualified electors within the Unit. The two (2) PBSO BoardCoffimittee members representative of the commercial/business/other interests shall be residents of and qualified electors in Collier County. Appointment of members to the PBSO BoardCommittee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. Any member of the PBSO BoardCommittee who ceases to meet the requisite qualifications during his or her term of office shall immediately advise the Board of County Commissioners in writing of such change in status. Upon the Board of County Commissioners receiving such notice, otherwise becoming aware of such vacancy, or if a vacancy occurs by any other process, the Board of County Commissioners shall declare the position to be vacant and shall promptly consider filling the vacant position with a person from among the unsuccessful candidate(s) vying for the position from the immediately preceding recommendatory balloting that receives recommendation from the PBSO Board. In the event the PBSO Board should fail to provide its recommendation to the Board of County Commissioners within twenty days of the Board of County Commissioners being informed of "member's change in status," the Board of County Commissioners shall appoint the recent unsuccessful candidate that received the greatest number of votes among those unsuccessful candidates. In the event that there are no prior unsuccessful candidates available for appointment to the PBSO Board as provided herein, the vacant position shall be filled pursuant to the procedures of Collier County Ordinance No. 2001-55 including as may be amended or its successor ordinance. meetiHg the FeqHisite qualificatiens as elitlinea hemin: i) .....he cOHtiHues te desir-e to Be appointed and ii) '....ho, in tile immeaiately llrecediHg r-ecemmenaatory Balloting r-eceivea tile greatest Humber of 'ietes among the loIRsuccessful caRdidates vying f-or tile position (i.e. "ResideRtial iflterest" ef "CommerciaI.'Bl:lsiRess.'Otl:ter iflterest") 'shieR has Become vacant. Page 4 of II Words underlined are added; Words ,lm6le Illr8ugll are deleled. 17E ~,. B) The terms and provisions of Section Six of Collier County Ordinance No. 2001-55, titled "PROCESS OF APPOINTMENT" shall not be applicable to appointment of members to the Unit. C) Upon adoption of this Ordinance, all of the members of the PBSO BoardCommittee shall be appointed by, and all vacancies shall be filled by, the Board of County Commissioners, in the manner outlined herein, beginning with appointment to the PBSO BoardCoHlIBittee of members to fill expiring memberships. All appointments of members to the PBSO BoardCommittee shall be at the sole and complete discretion of the Board of County Commissioners. Provided however, that the Board of County Commissioners will take into consideration and give great weight to the recommendations of the property owners within the Unit, utilizing the process outlined herein. Beginning with the second Tuesday in December, 2002, and each second Tuesday in December thereafter, the Board of County Commissioners shall publicly announce and advertise all current vacancy(ies) on the PBSO Board Cemmittee as of that date and shall request that applications be submitted to the Board of County Commissioners to fill the expiring expired term(s). All such applications shall be submitted in writing to the Board of County Commissioners no later than 28 days after said announcement as determined by the postmark on mailed applications and the time stamp on hand delivered applications. The name(s) of all appropriately qualified individuals timely submitted to the Board of County Commissioners shall be considered nominees for appointment to fill said expiring e)[llir-ed term(s). The Board of County Commissioners shall then publish said list of nominees and the positions on the PBSO Board Cemmittee for which they have been nominated (i.e., for the "residential interests" or for the "commerciallbusiness/other interests") and deliver a conformed copy thereof to the Clerk of Courts (the "Clerk"). The Clerk shall cause the name of each nominee as reported and published by the Board of County Commissioners to be included on the mail ballot, which ballot shall be mailed to all of the non-governmental property owners of the class (i.e. "Residential or Commercial/Business/Other") corresponding with the class for which the balloting is occurring ("Residential or Commercial/Business/Other") within the Page 5 of 11 Words underlined are added; Words 'If""l; lllrs"gll are deleted. 17E Unit no less than thirty (30) days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. DB) 1. One (I) indivisible vote maybe cast for each parcel in the Unit regardless of the number of persons who have an ownership interest in the property or the manner in which title is held by them, with each discrete parcel being those as listed by the Property Appraiser of Collier County and as approved by resolution of the Board of County Commissioners. Commercial/Business/Other owners cast ballots only for "Commercial/Business/Other interest" positions and Residential owners cast ballots only for "Residential interest" positions. Only one ballot shall be counted for each parcel. If multiple ballots are cast for the smne parcel by owners of record, all ballots for that parcel will be deemed invalid. It is not the responsibility of the Clerk or the County Attorney to determine or select the ballot to be counted wherein multiple ballots for a parcel are cast as described herein. 11. For purposes of determining record title owners of property entitled to cast ballots, the listed record title owners of property as evidenced by the Collier County Property Appraiser's tax rolls as of sixty (60) days prior to the balloting date shall be utilized and deemed conclusive. Not less than forty-five (45) days prior to the balloting date, the Property Appraiser shall provide the Clerk and the Board of County Commissioners with the list of all parcels within the Unit, each parcel's identification number, the names of the property owners and their addresses, with said list designating each parcel as either residential/commercial/other (based upon the Property Appraiser's classification system). iii. The mail ballots shall be cast directly with the Clerk. At the place and time stated in the notice of the balloting published by the Board of County Commissioners, the Clerk, with the assistance of the County Attorney's Office, shall open and count the ballots, which have been returned to the Clerk as of the date and time stated in such notice of balloting, in a manner which the Clerk deems advisable and not inconsistent with the provisions of this Ordinance. Any member of the public shall be entitled to attend and observe. The determination of the Clerk and the County Attorney of validity of any ballot shall be final. IV. The nominee(s) receiving a plurality of the ballots cast in each Page 6 of II Words underlined are added; Words ,Ir""" IRrS"gR are deleted. 17E category of membership shall be deemed the successful nominee(s) and theirname(s) shall be reported and forwarded to the Board of County Commissioners. The Board of County Commissioners shall then, at their next regularly scheduled meeting, make the necessary appointments to fill said positions. gI') The cost of the nomination and balloting process shall be borne by the Board of County Commissioners. SECTION SIX: AMENDMENT TO SECTION NINE OF COLLIER COUNTY ORDINANCE NO. 2002-27 Section Nine is hereby amended to read as follows: SECTION NINE: Board. Terms of Office of the Pelican Bay Services ~ivision In 2002, of the four (4) terms which are expiring: i) two (2) positions shall be filled with persons representative of the residential interests who shall each be appointed for a four (4) year term; and ii) two (2) positions shall be filled with persons representative of the commercial/business/other interests, wherein one (1) person will be appointed for a four (4) year term and one (1) person appointed for a two (2) year term. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Each new term of appointment will begin on the date of appointment and expire on March 31 st A member of the PBSO BoardCommittee may be reappointed by the Board of County Commissioners without limitations. Appointments to fill any vacancies on the PBSO BoardCommittee shall be for the remainder of the unexpired term of office. SECTION SEVEN: AMENDMENT TO SECTION TEN OF COLLIER COUNTY ORDINANCE NO. 2002-27 Section Ten is hereby amended to read as follows: SECTION TEN: Removal From Office; Failure to Attend Meetings. A) Any member of the PBSO BoardCsmmittee may be removed from office by a majority vote of the Board of County Commissioners. B) Notwithstanding the provisions of Collier County Ordinance No. 2001-55 as to attendance, if any member of the PBSO BoardCommittee fails to attend two (2) consecutive BoardCommittee meetings without a satisfactory excuse, Page 7 of II Words underlined are added; Words "trHek throHgh are deleted. 17E .... as determined by the PBSO BoardCOFBlflittee, or if a member is absent from more than one-half of the PBSO BoardCoHllflittee's meetings in a given fiscal year, the PBSO BoardCoHlmittee shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners in conformance with this Ordinance. SECTION EIGHT: AMENDMENT TO SECTION ELEVEN OF COLLIER COUNTY ORDINANCE NO. 2002-27 Section Eleven is hereby amended to read as follows: SECTION ELEVEN: Officers; Quorum; Rules of Procedure. A) At its earliest opportunity, the membership of the PBSO BoardCommittee shall elect a chairman and vice chair2ffiafl-from among the members. Officers' terms shall be for one (1) year, with eligibility for re-election. B) The presence of six (6) or more members shall constitute a quorum of the PBSO BoardCommittee necessary to take action and transact business. In addition, an affirmati ve vote of a majority of the members present shall be necessary in order to take action, except that an affirmative vote of seven (7) or more members present shall be required to recommend the Budget for the Unit to the Board of County Commissioners. C) The PBSO BoardCommittee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business of the PBSO BoardCommittee and shall keep a detailed record of meetings, resolutions, findings and determinations. SECTION NINE: AMENDMENT TO SECTION TWELVE OF COLLIER COUNTY ORDINANCE NO. 2002-27 Section Twelve is hereby amended to read as follows: SECTION TWELVE: Reimbursement of Expenses. Members of the PBSO BoardCommittee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners after approval by the PBSO Board. SECTION TEN: AMENDMENT TO SECTION THIRTEEN OF COLLIER COUNTY Page 8 of II Words underlined are added; Words struek tlire~gR are deleted. ORDINANCE NO. 2002-27 17E Section Thirteen is hereby amended to read as follows: SECTION THIRTEEN: Functions, Powers and Duties of the Pelican Bay Services ~ivision BoardCoffimittee. The functions, powers and duties of the PBSO BoardCommitlee shall be as follows, and shall be canied out consistent with the provisions of the Memorandum of Understanding! Letter of Understanding referenced herein: A) With the assistance of the County Manager, provide input to the Board of County Commissioners in carrying out the purposes of the Pelican Bay Municipal Service Taxing and Benefit Unit as set forth in this Ordinance. B) Upon any decision by the Board of County Commissioners to dissolve, merge or otherwise change or discontinue the functions or services provided by the Pelican Bay MSTBUImj3rovement Distriet, the PBSO BoardCommiUee shall be prepared to and shall aid, assist and provide input to the County Manager and the Board of County Commissioners, within the time frame requested, in effectuating a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations to the Unit. C) With the assistance of the County Manager, to prepare and recommend to the Board of County Commissioners an itemized Budget of the amount of money required to carry out the business of the Unit for the next fiscal year. D) The PBSO BoardCommitlee shall recommend work programs and priorities to the Board of County Commissioners in accordance with the adopted Budget or Budget amendments which may be adopted by the Board of County Commissioners in accordance with law. The execution of work programs shall be under the direct supervision and responsibility of the Pelican Bay Services ~ivision BoardCstmty MaAager witH tHe assistanee sf tHe Cemmittee ana to be executed by the Pelican Bay Services ~ivision staff with the assistance of any additional County staff needed in accordance with the Memorandum of AgreementlLetter of Understanding. Said work may be performed under contract (in accordance with law and County policy) or by County forces. Page 9 of II Words underlined are added; Words strHel: tR'eHgR are deleted. 17E E) To enter into a Memorandum of Agreement!Letter of Understanding with the Board of County Commissioners, and with the County Manager, wherein the parties outline that the intent in the operation of the Unit is to allow the PBSO BoardCommittee to exercise decision and control of the day to day operational affairs of the Unit to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise. SECTION ELEVEN: AMENDMENT TO SECTION FOURTEEN OF COLLIER COUNTY ORDINANCE NO. 2002-27 Section Fourteen is hereby amended to read as follows: SECTION FOURTEEN: Duties of the County Manager. The duties of the County Manager or his designee shall be: A) To participate in the administer administration of the activities of the Unit in accordance with the Memorandum of Agreement!Letter of Understanding, and the established policies of the Board of County Commissioners, subject to the terms of this Ordinance. B) To assist the PBSO BoardCommittee performing its functions as defined by this Ordinance including the preparation of the proposed annual Budget. C) Proviae perissie written reflsrts ts the Csmmittee aHa tile Rsard of COURt)' CsmmissioRem sn the activities of tile Unit and its finanees. CQ) To require any contract manager or employee manager of the Unit to report directly to the County Manager. SECTION TWELVE: AMENDMENT TO SECTION SIXTEEN OF COLLIER COUNTY ORDINANCE NO. 2002-27 Section Sixteen is hereby amended to read as follows: SECTION SIXTEEN: Opportunity to Comment Prior to Initial Implementation or Use of the Unit's Taxing and Assessment Authority. Prior to adopting the Budget for the Unit and implementing any taxing or assessment authority under this Unit, the Board of County Commissioners shall hold a public hearing upon reasonable notice in a local newspaper of general circulation. At such public hearing the Board of County Commissioners will consider the Budget recommended by the PBSO Board/\dviser)' CSffimittee and provide the public the opportunity to comment on the proposed Budget and the implementation or use of the Page 10 of 11 Words underlined are added; Words stnlek tAfBHgA are deleted. Unit's taxing and assessment authority. 17E SECTION THIRTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCE. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOURTEEN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIFTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 24th day of January, 2006. ATTEST:.".'_ Dw;g",1J "'OC~ > ...;.- ::.]. - ,~OA' Q, > ()Q 0.0::.. ~:'il&WY C, l",R:K . ~as .t(r~OII 11'114n s '....tur.e '01:1). -',Dc- " ',' BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~<?~ ./ Frank Halas, CHAIRMAN Approved as to form and legal sufficiency: 05-000-0000216 Item# J1E- ~~:da l-2 ~-o0 puty Clerk Page 11 of 11 Words underlined are added; Words struek tl1reugh are deleted. STATE OF FLORIDA) 17E 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 2006-05 Which was adopted by the Board of County Commissioners on the 24th 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 27th day of January, 2006, ;"t' ,....J ';;' DWIGHT E. BROCK. .......... t{. Clerk of Courts','ill').d cj:-e~Js: Ex-officio to BQ~rd af '; County Commissioners '" : '1 ~, Q~~~~c lB~: Heidi R. Rod~h~~'~, Deputy Clerk